Tuesday, December 10, 2024
7:00 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda
December 10, 2024City Council Agenda
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.
PUBLIC PARTICIPATION
How to observe the Meeting:
1. Comcast TV Channel 15
2. Live stream https://hayward.legistar.com/Calendar.aspx
3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:
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Password: C12/10@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
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SPECIAL CITY COUNCIL MEETING
Hayward Police Department and Hayward Fire Department Honor Guard Escort Re -Elected Council Member Angela Andrews, Council Member -Elect Ray Bonilla Jr ., Re -Elected Council Member Francisco Zermeño and Council Member-Elect Daniel Goldstein to the Council Chambers dais.
CALL TO ORDER: Mayor Salinas
December 10, 2024City Council Agenda
SPECIAL PRESENTATIONS
Color Guard Flag Ceremony
Police Department Honor Guard and Fire Department Honor Guard Pledge of Allegiance
Arrianna Faith Powell, Harder Elementary School Student Star-Spangled Banner
Mt. Eden High School Choir
Director of Choir Minami Cohen
PRESENTATION
Hayward Firefighters
ROLL CALL
PUBLIC COMMENTS
Limited to Items on the Agenda.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
December 10, 2024City Council Agenda
ELECTION
General Municipal Election: Adopt a Resolution Acknowledging Receipt of Certificate of Election Results and Official Canvass of the General Municipal Election Held November 5, 2024, and Declaring the Results Thereof (Report from City Clerk Lens) LB 24-0291.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A of Resolution
Attachment IV Municipal Ordinance
INSTALLATION
Oath of Office and Installation of Re-Elected Council Member Angela Andrews, Council Member-Elect Ray Bonilla Jr., Re-Elected Council Member Francisco Zermeño and Council Member-Elect Daniel Goldstein
ELECTION
Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2025 (Report from City Clerk Lens)
LB 24-0282.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Mayor Pro Tempore List
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
ADJOURNMENT TO RECEPTION IN THE ROTUNDA
All attendees are invited to participate.
December 10, 2024City Council Agenda
NEXT MEETING, December 17, 2024, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5.
***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 24-029
DATE: December 10, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
General Municipal Election: Adopt a Resolution Acknowledging Receipt of Certificate of Election Results and Official Canvass of the General Municipal Election Held November 5, 2024, and Declaring the Results Thereof
RECOMMENDATION
That the Council adopts a resolution (Attachment II) acknowledging receipt of the Certificate of Election Results and Official Canvass of the General Municipal Election held November 5, 2024.
SUMMARY
A General Municipal Election was held on November 5, 2024 for the purpose of electing four members of the City Council for terms of four years each and voting on Measure K1 (Transactions and Use (Sales) Tax). The City consolidated its election with the General Election and contracted with the Alameda County Registrar of Voters to canvass the returns.
In accordance with the provisions of California Elections Code Section 10260 and as directed by Resolution 24-130, Resolution 24-131, and Resolution 24-137 of the City Council, Alameda County Registrar of Voters, Tim Dupuis, has completed the official canvass and has provided the City Clerk with a Statement of Results of all votes cast.
The Certificate of Election Results and a copy of the Official Canvass are included as Exhibit A of the Resolution (Attachment III).
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A of Resolution
Attachment IV Municipal Ordinance
CITY OF HAYWARD Printed on 12/6/2024Page 1 of 2
powered by Legistar™
File #:LB 24-029
CITY OF HAYWARD Printed on 12/6/2024Page 2 of 2
powered by Legistar™
DATE: December 10, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: General Municipal Election: Adopt a Resolution Acknowledging Receipt of Certificate of Election Results and Official Canvass of the General Municipal Election Held November 5, 2024, and Declaring the Results Thereof
RECOMMENDATION
That the Council adopts a resolution (Attachment II) acknowledging receipt of the Certificate of Election Results and Official Canvass of the General Municipal Election held November 5, 2024.
SUMMARY AND BACKGROUND
A General Municipal Election was held on November 5, 2024, for the purpose of electing four members of the City Council for terms of four years each and voting on Measure K1 (Transactions and Use (Sales) Tax ). The City consoli dated its election with the General Election and contracted with the Alameda County Registrar of Voters to canvass the returns.
In accordance with the provisions of California Elections Code Section 10260 and as directed by Resolution 24-130, Resolution 24-131, and Resolution 24-137 of the City Council, Alameda County Registrar of Voters, Tim Dupuis, has completed the official canvass and has provided the City Clerk with a Statement of Results of all votes cast.
The Certificate of Election Results and a copy of the Official Canvass are included as Exhibit A of the Resolution (Attachment III).
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
The agenda was posted in accordance with the Brown Act.
NEXT STEPS
The Hayward Municipal Code and any other related documents will be updated accordingly upon approval of the resolution.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_______________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 24-____
Introduced by Council Member _________
RESOLUTION ACKNOWLEDGING RECEIPT OF CERTIFICATE OF ELECTION
RESULTS AND STATEMENT OF RESULTS BY THE CITY CLERK OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 5, 20 24, AND
DECLARING THE RESULTS THEREOF
WHEREAS, a General Municipal Election was held in the City of Hayward, California, on Tuesday, November 5, 2024, as required by law; and
WHEREAS, the General Municipal Election was authorized to be made by the Alameda County Registrar of Voters in accordance to Resolution No. 24-130, Resolution No. 24-131 and Resolution No. 24-137; and
WHEREAS, the Alameda County Registrar of Voters canvassed the return s of the election and has certified the results to th e City Council, the results are received, attached and made a part hereof as Exhibit A; and
WHEREAS, the total number of vote by mail ballots cast in the City was 43,088 (52.03 percent turnout), the total number of election day ballots cast in the City was 7,592 (9.17 percent turnout), making a total of 50,680 (61.20 percent turnout) ballots cast of Hayward’s eligible voters; and
WHEREAS, the names of individuals voted for at the election for Member of the City Council are as follows:
Tom Ferreira
Daniel Goldstein
Angela Andrews
Joe O. Ramos
Ray Bonilla Jr.
Tom Wong
Francisco Zermeño
ATTACHMENT II
WHEREAS, that the number of votes given in the City to each of the individuals named for the Office of City Council for which the individuals were candidates are as listed in Exhibit A attached; and
WHEREAS, that the number of votes given at each precinct and the number of votes given in the City for and against Measure K1 (City’s Transactions and Use (Sales) Tax) was listed in Exhibit A attached.
NOW, THEREFORE, BE IT RESOLVED by the C ity Council of the City of Hayward that the City Council does declare and determine that the following have been elected as members of the City Council for full terms of four years each; and that a majority of voters voted in favor of Measure K1 and that the measure carried and shall be deemed adopted and ratified.
Council Member Seat (4) Total Vote
Angela Andrews 25,372
Ray Bonilla Jr. 22,511
Francisco Zermeño 21,951
Daniel Goldstein 20,029
Measure Total Votes Votes in Favor Votes Against
Measure K1 50,678 38,826 7,881
FURTHERMORE, BE IT RESOLVED by the City Council that the City Clerk shall administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and fi le in the office of the City Clerk.
Each and all of the individuals so elected shall then be inducted into the respective office to which they have been elected. That the City Clerk shall certify the passage and adoption of this resolution and the ordina nce approved by the voters ; and enter a copy of this resolution with appropriate other entries upon the minutes of this City Council as a statement of the results of the election.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ________________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
EXHIBIT A
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BALLOT MEASURE TEXT
ORDINANCE NO. ______
AN ORDINANCE OF THE PEOPLE OF THE CITY OF HAYWARD EXTENDING THE TRANSACTIONS AND USE (SALES) TAX FOR 20 YEARS THROUGH 2054,
TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
WHEREAS, a locally -enacted revenue measure would protect and maintain Hayward services because the money is legally required to stay in our community and cannot be taken by the State, providing locally controlled funds for local services; and
WHEREAS, at its March 4, 2014 meeting, the City Council adopted a resolution calling an election to seek voter approval of a proposed general transactions and use (sales) tax (Measure C), as authorized by Revenue and Taxation Code section 7285.9; and
WHEREAS, at that meeting, the City Council concluded that all of the information presented indicated that, to obtain the revenue necessary to maintain and preserve service levels, the Council should call an election to ask the voters of the City to approve a twenty year local transactions and use (sales) tax, the revenue from which could be used to support general municipal services; and WHEREAS, on the basis of the foregoing, the City Council determined that it was appropriate to place a measure regarding a general transactions and use (sales) tax before the voters at the June 3, 2014 general election; and WHEREAS, the tax, if approved, would be imposed on the sale of tangible personal property and the storage, use, or other consumption of such property. The tax rate would be one-half of one percent (0.50%) (one-half cent for each dollar) of the sales price of the property. The tax revenue would be collected by the State Board of Equalization and remitted to the City. The tax would be in effect for twenty years, and would then expire automatically, unless extended by the voters. The tax shall be approved if the measure receives at least a simple majority of affirmative votes; and WHEREAS, during the June 3, 2014 general election Measure C recei ved a majority of votes in favor of imposing the tax, which would be in place through December 31, 20 34; and
ATTACHMENT IV
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WHEREAS, the tax revenues have been used to fund capital projects such as construction of the new Downtown Hayward Public Library and adjacent Heritage Plaza, retrofit and improvement of five neighborhood fires stations, construction of new Fire Station No. 6 and regional Fire and Rescue Training Center, and six miles of street repairs amounting to the largest annual road project in City history; and WHEREAS, the tax revenues have also been used to fund fourteen Hayward Police Department positions, including three patrol officers, a police lieutenant, a crime analyst, a fingerprint analyst, plus seven communications operators and one communications supervisor in the City’s 9-1-1 Dispatch Center, and nine groundskeeper and maintenance positions in the Maintenance Services Department; and WHEREAS, the City continues to have ongoing spending needs and unfunded capital projects which would benefit from extension of the tax beyond 2034.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF HAYWARD
ORDAINS AS FOLLOWS:
Section 1.
Article 19 of Chapter 8 of the Hayward Municipal Code is hereby amended to read as follows:
CHAPTER 8
ARTICLE 19 TRANSACTIONS AND USE (SALES) TAX
SEC. 8-19.100. Title.
This ordinance shall be known as the City of Hayward Transactions and Use (Sales) Tax Ordinance. The City of Hayward hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
SEC. 8-19.200 Operative Date. "Operative Date" means October 1, 2014.
SEC. 8-19.300. Purpose.
This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes.
(a) To impose a retail transactions and use (sales) tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
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(b) To adopt a retail transactions and use (sales) tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
(c) To adopt a retail transactions and use (sales) tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.
(d) To adopt a retail transactions and use (sales) tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use (sales) taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
SEC. 8-19.400. Contract with State.
Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use (sales) tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
SEC. 8-19.500. Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of
0.50% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.
SEC. 8-19.600. Place of Sale.
For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has [Type here] [Type here] [Type here]
no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
SEC. 8-19.700. Use Tax Rate.
A transactions and use (sales) tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.50% of the sales price of the property.
The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
SEC. 8-19.800. Adoption of Provisions of State Law.
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
SEC. 8-19.900. Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
(a) Wherever the State of California is named or referred to as the taxing agency , the name of this City shall be substituted therefor. However, the substitution shall not be made when:
(1) The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California.
(2) The result of that substitution would require action to be taken by or against this City of any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this ordinance.
(3) In those sections, including , but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
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(A) Provide an exemption from this tax with respect to
certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
(B) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. (4) In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code. (b) The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
SEC. 8-19.1000. Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
SEC. 8-19.1100. Exemptions and Exclusions.
(a) There shall be excluded from the measure of the transactions and use (sales) tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Bums Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.
(b) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. (2) Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
[Type here] [Type here] [Type here]
(A) With respect to vehicles (other than commercial
vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that address is, in fact, his or her principal place of residence; and (B) With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. (3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
(5) For the purpose of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(c) There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use (sales) tax ordinance.
(2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. (3) If purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. [Type here] [Type here] [Type here]
(4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
(5) For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease had the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(6) Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
(7) "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
(d) Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
SEC. 8-19.1200. Amendments.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
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SEC. 8-19.1300. Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
SEC. 8-19.1400. Authorization and Limitation on Issuance of Bonds.
The City is hereby authorized to issue limited tax bonds, from time to time, provided that the maximum bonded indebtedness will not exceed the total amount of this retail transactions and use (sales) tax.
SEC. 8-19.1500. Annual Audit
The proceeds resulting from this transactions and use (sales) tax shall be deposited into the City's General Fund and become subject to the same independent annual audit requirements as other general fund revenue
SEC. 8-19.1600. Termination Date.
The authority to levy the tax imposed by this Article shall expire on December 31, 2054, unless re-enacted by a separate ordinance of the City Council following a majority vote of the electorate. The termination of the levy of taxes as provided herein shall not terminate the obligation to pay taxes levied on services used prior to such date. Taxes levied prior to December 31, 2054, shall remain a debt payable to the City. All provisions of this Article, except those related to the levy of taxes, shall continue in full force and effect after such date.
Section 2. Environmental Compliance.
The findings for this ordinance in compliance with the California Environmental Quality Act ("CEQA") are the same as those set forth in the City's Resolution No. calling for an election on this ordinance. The CEQA findings in Resolution No. are incorporated herein by reference.
Section 3. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 4. Effective Date.
The Ordinance relates to the levying and collecting of the City transactions and use (sales) taxes and shall take effect immediately upon declaration of the election results by the City Council pursuant to Elections Code section 9217 and City Charter section 620(c).
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APPROVED by the following vote of the People of the City of Hayward on November 5 , 2024.
AYES:
NOES:
ADOPTED by Declaration of the vote at the November 5, 2024 election by the City Council of the City of Hayward on the day of 2024.
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 24-028
DATE: December 10, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2025
RECOMMENDATION
That Council adopts a resolution (Attachment II) electing the Mayor Pro Tempore.
SUMMARY
Below is the pertinent excerpt from the 2023 Council Member Handbook regarding the Mayor Pro Tempore. Attachment III is the list of members who have previously served as Mayor Pro Tempore. Based on the guidelines listed below, Council Member Roche would be the next eligible Council Member to serve as Mayor Pro Tempore should the Council choose to continue the traditional selection process.
MAYOR PRO TEMPORE
In even number years, the Council shall elect the Mayor Pro Tempore following the installation of those newly elected Council Members. In odd years, the Council shall elect the Mayor Pro Tempore at the end of the calendar year.
The Mayor Pro Tempore shall serve at the pleasure of the Council for the term of one year and shall be elected and removed by the affirmative votes of at least five (5) members of Council.
The Council shall elect a Council Member with the most seniority as a Council Member and who has not previously served as Mayor Pro Tempore. In the event two Council Members begin service in the same year, the Council Member with the highest number of votes will serve as Mayor Pro Tempore. (See City Council Minutes, 4/28/92)
Prior to being elected as Mayor Pro Tempore, a Council Member shall have served at least two years on the Council. The term of the Mayor Pro Tempore shall be based on the calendar year January 1st to December CITY OF HAYWARD Printed on 12/6/2024Page 1 of 2
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File #:LB 24-028
31st. (Resolution 98-120 and Council Minutes, 6/26/01)
The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’sabsence or disability. (Sec. 605, City Charter)
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Mayor Pro Tempore List
CITY OF HAYWARD Printed on 12/6/2024Page 2 of 2
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DATE: December 10, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2025
RECOMMENDATION
That Council adopts a resolution (Attachment II) electing the Mayor Pro Tempore.
SUMMARY
It is the Hayward City Council’s policy to elect the Mayor Pro Tempore to perform the duties of the Mayor during the Mayor’s absence or disability . The current term is based on the calendar year.
BACKGROUND AND DISCUSSION
Below is the pertinent excerpt from the 2023 Council Member Handbook1 regarding the Mayor Pro Tempore. Attachment III is the list of members who have previously served as Mayor Pro Tempore. Based on the guidelines listed below, Council Member Roche would be the next eligible Council Member to serve as Mayor Pro Tempore should the Council choose to continue the traditional selection process.
MAYOR PRO TEMPORE
In even number years, the Council shall elect the Mayor Pro Tempore following the installation of those newly elected Council Members. In odd years, the Council shall elect the Mayor Pro Tempore at the end of the calendar year.
The Mayor Pro Tempore shall serve at the pleasure of the Council for the term of one year and shall be elected and removed by the affirmative votes of at least five (5) members of Council.
1 Council Members Handbook Council Member Handbook Final.pdf
The Council shall elect a Council Member with the most seniority as a Council Member and who has not previously served as Mayor Pro Tempore. In the event two Council Members begin service in the same year, the Council Member with the highest number of votes will serve as Mayor Pro Tempore. (See City Council Minutes, 4/28/92)
Prior to being elected as Mayor Pro Tempore, a Council Member shall have served at least two years on the Council. The term of the Mayor Pro Tempore shall be based on the calendar year January 1st to December 31st. (Resolution 98-120 and Council Minutes, 6/26/01)
The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability. (Sec. 605, City Charter)
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the priority projects outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
NEXT STEPS
All related documents will be updated accordingly.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member _________
RESOLUTION AUTHORIZING THE ELECTION OF MAYOR PRO TEMPORE OF THE CITY OF HAYWARD FOR 2025
WHEREAS, the City Council followed the guidelines in the Council Member Handbook and City Charter Section 605 pertaining to Mayor Pro Tempore; and
WHEREAS, the City Council conducted an election to select the Mayor Pro Tempore for 2025 on December 10, 2024.
NOW, BE IT RESOLVED by the City Council of the City of Hayward that i t hereby elects Council Member __________________ as Mayor Pro Tempore of the City of Hayward for a term from January 1, 2025 through December 31, 2025.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
MAYOR PRO TEMPORE
COUNCIL MEMBER RESOLUTION DATE
William Ward 92-100 04/28/92
Nicholas Randall 93-084 04/20/93
Doris Rodriquez 94-069 04/19/94
Joseph Hilson 95-71 04/18/95
Ron Hulteen 96-067 04/02/96
Olden Henson 97-063 05/13/97
Matt Jimenez 98-122 06/30/98
William Ward 99-112 06/22/99
Joseph Hilson 00-043 Term 4/04/00 thru 6/30/2001
Kevin Dowling 01-101, adopted 6/26/2001 Term 7/1/01 thru 6/30/2002 Doris Rodriquez 02-093, adopted 6/25/2002 Term 7/1/02 thru 6/30/2003 Olden Henson 03-117, adopted 7-15-2003 Term 7/1/03 thru 6/30/2004 Matt Jimenez 04-106, adopted 6-22-2004 Term 7/1/04 thru 6/30/2005 Matt Jimenez 05-089, adopted 6-28-2005 Term 7/1/05 thru 6/30/2006 Barbara Halliday 06-091, adopted 7-11-2006 Term 7/1/06 thru 6/30/2007 Bill Quirk 07-105, adopted 7/10/2007 Term 7/1/07 thru 06/30/2008 Kevin Dowling 08-109, adopted 7/8/2008 Term 7/1/08 thru 06/30/2009
ATTACHMENT III
MAYOR PRO TEMPORE
COUNCIL MEMBER RESOLUTION DATE
Olden Henson 09-104, adopted 6/30/09 Term 7/1/09 thru 6/30/2010 Francisco Zermeño 10-119, adopted 07/13/2010 Term 7/1/10 thru 6/30/2011 Barbara Halliday 11-106, adopted 06/28/2011 Term 7/1/11 thru 6/30/2012 Marvin Peixoto 12-124, adopted 7/10/2012 Term 7/1/12 thru 6/30/2013 Mark Salinas 13-108, adopted 6/25/2013 Term 7/1/13 thru 6/30/2014 Greg Jones 14-113, adopted 7/8/2014 Term 7/1/14 thru 6/30/2015 Al Mendall 15-140, adopted 7/14/2015 Term 7/1/16 thru 6/30/2016 Sara Lamnin 16-135, adopted 7/12/2016 Term 7/1/16 thru 6/30/2017 Elisa Márquez 17-105, adopted 6/27/2017 Term 7/1/17 thru 12/30/2018 Francisco Zermeño 18-249, adopted 12/11/2018 Term 1/1/19 thru 12/31/2019 Mark Salinas 19-232, adopted 12/3/2019 Term 1/1/20 thru 12/31/2020 Aisha Wahab 20-225, adopted 12/15/2020 Term 1/1/21 thru 12/31/2021 Sara Lamnin 21-239, adopted 12/7/2021 Term 1/1/22 thru 12/31/2022 Angela Andrews 22-306 adopted 12/13/2022 Term 1/1/23 thru 12/31/2023
Francisco Zermeño 23-270, adopted 12/5/2023 Term 1/1/24 thru 12/31/2024