May 12, 2026
Agenda Item No.9
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Jason Al-Imam, Adminstrative Services Director/Treasurer - 949-644-3126, [email protected] PREPARED BY:
Jessica Kan, Revenue Manager - 949-644-3153
[email protected]
TITLE:
Professional Services Agreement with Aleshire & Wynder, LLP, JLGroup, LLC, and Richard D. Jones dba Jones Mayer for Hearing Adjudication Services ABSTRACT:
Staff requests City Council approval of Amendment No. Two to three professional services agreements for administrative hearing officer services, increasing each contract to a not-to-exceed amount of $120,000, for a total of $360,000 combined. The requested increase is necessary to address higher-than-anticipated demand for administrative hearings and to ensure compliance with required hearing timelines under the Newport Beach Municipal Code (NBMC) through the current contract term ending August 31, 2026.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. Two to Professional Services Agreement with Aleshire & Wynder, LLP for Hearing Adjudication Services to increase the total compensation for additional administrative hearing services with a not-to-exceed compensation amount of $120,000; c) Approve Amendment No. Two to Professional Services Agreement with JLGroup, LLC for Hearing Adjudication Services to increase the total compensation for additional administrative hearing services with a not-to-exceed compensation amount of $120,000; d) Approve Amendment No. Two to Professional Services Agreement with Richard D. Jones, A Professional Law Corporation, Doing Business As (“DBA” Jones Mayer for Hearing Adjudication Services to increase the total compensation for additional administrative hearing services with a not-to-exceed compensation amount of $120,000; and e) Authorize the Mayor and City Clerk to execute the amendments.
DISCUSSION:
The City previously conducted a competitive request for proposals (RFP) process and awarded three agreements for administrative hearing officer services, each in the amount of $60,000, for a total of $180,000. Amendment No. One subsequently increased each agreement by $15,000 to address an initial rise in administrative citation activity and hearing demand.
Since that time, administrative enforcement and hearing activity has increased significantly beyond original projections. In Fiscal Year 2024-25, the Police Department had 54 administrative citations appealed with hearings requested. In Fiscal Year 2025-26, through March 31, 2026, the Police Department had 221 administrative citations appealed, representing an increase of approximately 309%. This increase is largely attributable to expanded enforcement efforts, including the transition to administrative citations for violations such as e-bike violations on the boardwalk, open container violations, and enforcement within the expanded Safety Enhancement Zone.
The increase in citations has directly resulted in a substantial rise in administrative hearings. In FY 2024-25, a total of 137 hearings were conducted. In FY 2025-26, through April 30, 2026, 296 hearings have already been conducted, representing an increase of approximately 116%, and exceeding the prior year total with two months remaining in the fiscal year.
In addition to Police Department activity, the City has experienced a notable increase in hearings related to short-term lodging enforcement, including citations, suspensions, and revocations, as well as construction-related hearings and ongoing code enforcement matters. This sustained increase in workload has accelerated the use of available contract funds and created a need for additional hearing officer capacity. The proposed increase to a not-to-exceed amount of $120,000 per agreement is intended to ensure sufficient resources are available to meet current demand and maintain compliance with the hearing timelines established under NBMC Chapter 1.05 through the current contract term ending August 31, 2026. The proposed amendment does not expand the scope of services but rather provides additional funding to support the existing level of service in response to increased demand.
FISCAL IMPACT:
The total not-to-exceed cost of the combined agreements is $360,000. The current fiscal year has sufficient budget and will be expensed to the Professional Services account in the Administrative Services Department, 0103031-811008. There is no additional fiscal impact beyond the proposed agreement amount.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Amendment No. Two to Professional Services Agreement with Aleshire & Wynder, LLP for Hearing Adjudication Services Attachment B – Amendment No. Two to Professional Services Agreement with JLGroup, LLC for Hearing Adjudication Services Attachment C – Amendment No. Two to Professional Services Agreement with Richard D. Jones, A Professional Law Corporation, Doing Business As (“DBA” Jones Mayer for Hearing Adjudication Services Professional Services Agreement with Aleshire & Wynder, LLP, JLGroup, LLC, and Richard D. Jones dba Jones Mayer for Hearing Adjudication Services May 12, 2026
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