APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUT
ION RENEWING AND CONTINUING THE CITY COUNCIL’S
DECLARATION OF LOCAL EMERGENCY WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF OAKLAND DUE TO A
RANSOMWARE ATTACK, PROC LAIMED BY THE CITY
ADMINISTRATOR ON FEBRUARY 14, 2023, AND RATIFIED BY THE CITY COUNCIL ON FEBRUARY 16, 2023, PURSUANT TO OAKLAND
MUNICIPAL CODE CHAPTER 8.50 AND GOVERNMENT CODE
SECTION 8630
WHEREAS, Oakland Municipal Code (OMC) s ection 8.50.050.C.3 authorizes the City Administrator, acting as the Director of Oakla nd’s Emergency Operations Center (EOC), to proclaim a local emergency “when in the opini on of the City Administrator circumstances indicate the existence or threatened existence of a local emergency;” and WHEREAS, the City of Oakland was subject to a ransomware attack between February 6 and February 9, 2023, and the City and its Information Technology Department (ITD) followed industry best practices to secure its network and launched an investigation to determine the scope and severity of the issue and develop and execute a response plan; and WHEREAS, as a cautionary measure, ITD took certain non-emergency systems offline while they worked to secure and restore services safely, which may have resulted in delays in City services; and
WHEREAS, ITD continues to work to restore systems impacted by the ransomware attack, but core functions, such as 911 are and have remained intact; and WHEREAS, on February 14, 2023, the City Administrator acting as Director of the EOC declared a local emergency within the territori al limits of the City of Oakland due to a ransomware attack and the Proclamation is attached hereto as Exhibit A; and WHEREAS, on February 16, 2023, the City Council confirmed and ratified the existence of a local emergency within the territorial li mits of the City of Oakland pursuant to OMC Chapter 8.50 and Government Code section 8630 (Reso. 89592 C.M.S.); and
2 WHEREAS, the City Administrator has properly determined that the recovery effort may require the procurement of professional servi ces, equipment and materials, the activation of emergency workers, and/or the pr omulgation of orders on an expe dited basis and that need is ongoing; and
WHEREAS, the investigation determined that a data breach occurred resulting in unauthorized access to files and folders that c ontained personal information and the City has since worked to identify and contact individuals whose information was accessed; and
WHEREAS, the City has determined that both cu rrent and former employees have been affected by the breach; and on March 15, 2023, the City began mailing no tification letters to California residents via U.S. mail in accordance with California Civil Code § 1798.29 and is offering notified employees complimentary identity monitoring services; and
WHEREAS, the EOC team remains ac tivated and continues to respond to the local emergency; and
WHEREAS, the health and welfare of the citizens of the City as well as that of City employees is of paramount impor tance to the Mayor, C ity Council and the C ity Administration; and
WHEREAS, pursuant to Government Code secti on 8630, the City must renew the local emergency every 60 days; and now, therefore, be it
RESOLVED: That the City Council of the City of Oakland finds and proclaims that a local emergency continues to exist due to a ra nsomware attack, and pu rsuant to Government Code section 8630 does so declare; and be it
FURTHER RESOLVED: That during the existence of said local emergency the powers, functions, and duties of the emergency organization of th e City of Oakland shall be those prescribed by state law, by ordinances, and resolutions of the City of Oakland; and be it
FURTHER RESOLVED: That the City Council full y supports and endorses the City Administrator’s proclamation and order that a ll City departments and agencies take those actions, measures and steps deemed necessary to provide ongoing services to the City’s residents, and to assure the safety and welf are of City employees, residents and property, including requesting mutual aid to the extent such aid is reasonably necessary; and be it
FURTHER RESOLVED: That the City Council reaffi rms the City Ad ministrator’s request and also requests that a copy of this resolutio n be forwarded to th e Director of the California Governor’s Office of Emergency Services and that the Director be requested to find it acceptable in accordance with State law and that the Governor of California, pursuant to the Emergency Services Act, be request ed to issue a State of Emergenc y and that he afford the City the benefit of recovering its costs as a result; and be it
FURTHER RESOLVED: That the City Council reaffi rms the City Ad ministrator’s request and also requests that th e Governor of California make available all relevant funds to the City and all eligible community members and businesses, including but not limited to, California 3 Disaster Assistance Act funds and State Private Nonprofit Orga nizations Assistance Program funds; and be it
FURTHER RESOLVED: That the City Council reaffi rms the City Ad ministrator’s request and also requests that the Governor forward a copy of this resolution to the President of the United States to seek a Presidential Declaration of a Fe deral Emergency and make all relevant funds available to the City of Oa kland and all eligible community members and businesses, including, but not limited to, aid pr ovided by the Small Busi ness Administration to help the County of Alameda and the City of Oakland to keep the high level of response, recovery, and mitigation measures necessary to make our communities resilient from this disaster.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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EXHIBIT A
Approved as to Form and Legality
__________________________
Office of the City Attorney
PROCLAMATION OF LOCAL EMERGENCY
DECLARED BY INTERIM CITY ADMINISTRATOR G. HAROLD DUFFY
ON FEBRUARY 14, 2023
WHEREAS, the City of Oakland recently learned that it was subject to a ransomware attack, and the City and its Information Technology Department (ITD) are following industry best practices to investigate the scope and severity of the issue and develop a response plan; and
WHEREAS, core functions, such as 911, are intact; and
WHEREAS, as a cautionary measure , ITD has taken certain non-emergency systems offline while they work to secure and restore services safely , which may result in delays in City services; and
WHEREAS, Government Code Section 8630 empowers the “governing body of a city, county, or city and county, or . . . an official designated by ordinance” to proclaim a local emergency due to the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City of Oakland caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, and further provides that any emergency declared by the City Administrator will not remain in effect for more than seven (7) days, unless the City Council ratifies the existence of the local emergency; and
WHEREAS, the City Administrator in his c apacity as the Director of the EOC has authority “to promulgate orders, rules, and regulations on matters reasonably related to the protection of life and property and the preservation of public peace and order, in accordance with Article 14 of the Califor nia Emergency Services Act, [and such] rules and regulations must be confirmed at the earlies practicable time by the governing body as required by law;” and
WHEREAS, the City Administrator has determined that the recovery effort may require the procurement of equipment and materials , the activation or emergency workers , and/or the promulgation of orders on an expedited basis;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that based on the foregoing and in accordance with the authority vested in me pursuant to Oakland’s Emergency Services Act, Oakland Municipal Code Section 8.50.050.C., a local emergency now exists throughout the City of Oakland; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, fun ctions, and duties of the emergency organization of the City of Oakland shall be those prescribed by state law, by ordinances, and resolutions of the City of Oakland; and that this emergency proclamation shall expire seven (7) days after issuance unless confirmed and ratified by the City Council of Oakland, California, County of Alameda; and:
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IT IS FURTHER PROCLAIMED AND ORDERED that all City departments and agencies take those actions, measures and steps deemed necessary to provide ongoing services to the City’s citizens, and to assure the safety and welfare of City employees, residents and property; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation shall be forwarded to the Director of the California Governor’s Office of Emergency Services and that the Director be asked to find it acceptable in accordance with state law and that the Governor of California, pursuant to the Emergency Services Act, be asked to issue a State of Emergency and that the Governor afford the City the benefit of recovering its costs: and
IT IS FURTHER PROCLAIMED AND ORDERED that the Governor of California be requested to make available all relevant funds to the City and all eligible community members and businesses, including but not limited to, California Disaster Assistance Act funds and State Private Nonprofit Organizations Assistance Program funds; and
IT IS FURTHER PROCLAIMED AND ORDERED that the Governor be asked to forward a copy of this proclamation to the President of the United States to seek a Presidential Declaration of a Federal Emergency and make all relevant funds available to the City of Oakland and all eligible community members and businesses including, but not limited to, any aid provided by the Small Business Administration to help the County of Alameda and the City of Oakland to keep the high level of response, recovery, and mitigation measures necessary to make our communities resilient from this emergency.
IN WITNESS WHEREOF I have hereunto set my
hand this 14th day of February, 2023
__________________________________________
G. Harold Duffy
Interim City Administrator / Director of Emergency
Operations Center, City of Oakland, California
Attest:
__________________________________________
Asha Reed
City Clerk and Clerk of the City Council
City of Oakland, California
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