ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member _________
RESOLUTION RESCINDING RESOLUTION NO. 26-022 AND AUTHORIZING THE
CITY MANAGER TO ACCEPT AND APPROPRIATE ALL PROCEEDS FROM
LIQUIDATIONS OF DONATED SECURIT IES FROM THE EDWARD MICHAEL NUSS TRUST ESTIMATED AT APPROXIMATEL Y $115,000 WITH FINAL VALUE
SUBJECT TO MARKET FLUCTUATION AND LIQUIDATION TIMING TO BE USED
BY THE HAYWARD ANIMAL SERVICE BUREAU FOR THE COMMUNITY CAT
TRAP , NEUTER, VACCINATE AND RETURN PROGRAM
WHEREAS, the Hayward Animal Services Bureau has been named a beneficiary of the Edwards Michael Nuss Trust; and
WHEREAS, pursuant to the Trust, securities valued at approximately $ 121,432.73 shall be distributed to the Hayward Animal Services Bureau, with the final value subject to market conditions at the time of liquidation and sale; and
WHEREAS, the proceeds from the liquidation of said securities shall be used to supplement the existing donation -based subsidized Trap, Neuter, Vaccinate and Return Program, ensuring that these services remain available to residents at a reduced cost; and
WHEREAS, the Hayward Animal Services Bureau shall honor Edward Michael Nuss with recognition on their website and Trap, Neuter, Vaccinate and Return materials; and
WHEREAS, the City Council previously adopted Resolution No. 26-022 on March 24, 2026, authorizing acceptance of a gift up to $115,000 , which resolution was thereafter administratively corrected to include the City Manager's name for banking purposes; and
WHEREAS, the City Council now finds it necessary to rescind Resolution No. 26 -022, as corrected, and to adopt this Resolution in its entirety to more accurately reflect the new approximate value of the securities now estimated at 121,432.73, and to reflect that the donated assets constitute securities subject to market fluctuation authorizing acceptance of all liquidation proceeds irrespective of final sale value.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Jennifer Ott, the City Manager, is hereby authorized and directed to:
1. Accept and appropriate all proceeds from the liquidation of donated securities from the Edward Michael Nuss Trust, estimated at approximately $ 121,432.73 with the final value subject to market conditions at the time of sale, to Fund 250, to be used by the Hayward Animal Services Bureau for the Community Cat Trap, Neuter, Vaccinate and Return Program; and
2. Take all necessary steps to liquidate, transfer, and appropriate the gifted securities and proceeds, including but not limited to executing required documents subject to approval by the City Attorney as to form, opening accounts as required by the Trust, coordinating the liquidation and transfer of securities proceeds to the City, applying funds to costs of the Trap, Neuter, Vaccinate and Return Program, and increasing revenue and appropriations in balancing amounts when funds are received.
BE IT FURTHER RESOLVED that Resolution No. 26-022, as adopted by the City Council on March 24, 2026 , and subsequently administratively corrected, is hereby rescinded in its entirety.
IN COUNCIL, HAYWARD, CALIFORNIA, _______________ 2026
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