HAYWARD CITY COUNCIL
RESOLUTION NO. 25- 109
Introduced by CouncilMemberSyrop
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFHAYWARDADJUSTING
THE TRANSIENT OCCUPANCYTAX RATE FROM 8.5% TO 12. 0% EFFECTIVE AUGUST 1, 2025; FINDING THAT THE ACTION IS EXEMPT FROM
ENVIRONMENTAL REVIEW
WHEREAS, the Transient Occupancy Tax ( TOT) is a general tax imposed on the privilegeofoccupancyinanyhotel, andisadebtowedbythetransienttotheCity, whichis satisfiedbypaymentto the operatorofthehotel; and
WHEREAS, the TOTis implementedthrough HaywardMunicipalCodeChapter8, Article 4; and
WHEREAS, duringtheNovember3, 2020generalelectionthevotersoftheCityof Hayward approved Measure NN ( Ordinance No. ME 20- 01), increasing Hayward' s TOT rate from 8. 5% to an amount up to 14%; and
WHEREAS, the CityCouncildirectedstaffto maintainthe TOTrate at 8. 5% to allow hotelierstimeto recoverfromtheimpactsoftheCOVID19pandemic, andrequestedthat an adjustmentto theTOTratebereviewedandconsideredwhentheeconomyrecoveredfrom the impacts of the pandemic; and
WHEREAS, onFebruary4, 2025theCityCouncilheldaGeneralFundBudgetWork Sessionto reviewpotentialstrategiesthatcouldbe implementedto assistin closingthe projectedstructuraldeficit, andduringtheworksession, theCityCouncilexpressed unanimoussupportforadjustingtheTOTrateasastrategyto closetheprojectedstructural deficit; and
WHEREAS, CaliforniaConstitutionArticle XIIIC does not require voter approval wherea generaltax is imposedat a ratethat doesnot exceedthe maximumtax rate previously approved by the voters.
ATTACHMENT III
NOW, THEREFORE, BEIT RESOLVEDby the City Councilof the City of Hayward that the Transient Occupancy Tax levied pursuant to Hayward Municipal Code Chapter 8, Article 4 is hereby imposed at the rate of 12.0%, effective August 1, 2025.
BE IT FURTHER RESOLVED, that the City Manager, or her designee, is authorized to take any administrative actions necessary to implement the rate adjustment adopted herein.
BEIT FURTHERRESOLVED, that this action doesnot havethe potential for creating a significant effect on the environment and is therefore exempt from further review under CEQApursuant to State CEQAGuidelinesSection 15060(c)(3) becauseit is not a project as defined by the CEQAGuidelinesSection15378. Adjustment of the Transient OccupancyTax rate does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
IN COUNCIL, HAYWARD, CALIFORNIA, June 17, 2025.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeno MAYOR: Salinas
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST:
CityClerkoftheCity4 Hayward
APPROVED AS TO FORM:
City Att ey of the City of Hayward