DATE: June 16, 2026
TO: Mayor and City Council
FROM: Chief Police
SUBJECT
Title
Adopt a Resolution Rescinding Resolution No. 26-022 and Authorizing the City Manager to Accept and Appropriate All Proceeds from Liquidations of Donated Securities From the Edward Michael Nuss Trust Estimated at Approximately $121,432.73 with Final Value Subject to Market Fluctuation and Liquidation Timing to Be Used by the Hayward Animal Services Bureau for the Community Cat Trap, Neuter, Vaccinate, and Return Program
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RECOMMENDATION
Recommendation
That the City Council adopts a resolution (Attachment II): (1) rescinding Resolution No. 26-022, which was previously adopted March 24, 2026, and thereafter administratively corrected to include the City Manager’s name, for banking purposes; and (2) authorizing the City Manager to accept and appropriate all proceeds from liquidations of donated securities from the Edward Michael Nuss Trust estimated at approximately $121,432.73 to Fund 250, Donation Fund, with final value subject to market fluctuation and liquidation timing for use by the Hayward Animal Services Bureau (HASB) to continue offering subsidized spay and neuter for community cats through HASB’s Trap, Neuter, Vaccinate, and Return program.
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SUMMARY
The Hayward Animal Service Bureau previously came to the City Council on March 24, 2026, recommending that the City Council authorize the City Manager to accept and appropriate up to $115,000 from the Edward Michael Nuss Trust, a Trust in which the HASB was named a beneficiary, for use by the HASB in support of its Community Cat, Trap Neuter, Vaccinate and Return (TNVR) program. The Council adopted this Resolution (No. 26-022, at the March 24, 2026 meeting.
Subsequently, the bank which holds the Trust securities informed HASB that the Resolution needed to include the name of the City Manager in order to authorize the City Manager to sign necessary paper work to receive the Trust donation. As such, the City administratively corrected the Resolution to include the City Manger’s name, “Jennifer Ott.”
On May 14, 2026, HASB was informed that securities from the Trust are in the process of being liquidated and that the amount of the distribution may exceed $115,000 previously authorized by the Council to be accepted and appropriated at the March 24, 2026 City Council meeting. The bank informed HASB that the total amount of the donation dependent on the sale price of the securities, which could fluctuate depending on the market.
On May 20, 2026, the HASB was contacted by the Executor of the Trust indicating that the securities in the Trust have an increased value of $121, 432.73.
Given the above, City staff is returning to Council to rescind the prior resolution (No. 26-022), to be replaced by this updated resolution with the updated language which will allow the City Manager to accept and appropriate approximately $121,432.73 to Fund 250, but leaves space for the authorization to be applicable to the final sale price of the securities, whether above or below the approximated value.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution