RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
SIDE LETTER AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE NEWPORT BEACH CITY
EMPLOYEES ASSOCIATION RELATED TO
ALTERNATIVE WORK SCHEDULES AND THE
TELECOMMUTING PROGRAM
WHEREAS, the City Council of the City of Newport Beach (“City Council”) previously adopted Resolution No. 2001-50, the “Employer-Employe e Relations Resolution,”pursuant to authoritycontained inthe Meyers-Milias-Brown Act, Government Code 3500, et sep;
WHEREAS, the Cityof Newport Beach (“City”)promotes effective communication and collaborativeworking relationshipswith itsemployees to foster improved relations while balancing good management practices;
WHEREAS, on December 9, 2025, the City Council adopted Resolution No. 2025-84 approving a Memorandum of Understanding (“Memorandum of Understanding”) with the Newport Beach City Employees Association (“NBCEA”), a recognized organization,with a term of November 29, 2025, through December 31,2028; WHEREAS, the City Council desires to enter into a Side Letter of Agreement between the City and NBCEA to make modifications to the provisions related to AlternativeWork Schedules to provide for the termination of all 4/10 work schedules on June 30, 2026, unless expressly continued inwritingby the City Manager, and to provide that the City Manager shalldetermine whether to make a 4/10 work schedule available, on a going forward basis, based upon operational necessity or other exceptional circumstances; and
WHEREAS, the City Council desires to enter into a Side Letter of Agreement between the City and NBCEA to increase the number of telecommuting hours provided for under the Telecommuting Program from 80 to 100 hours.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows;
The City Council does hereby approve and authorize the Mayor to execute the Side Letterof Agreement attached hereto as ExhibitA, which isincorporated herein by thisreference.The terms referenced inthe attached Side Letterof Agreement shallprevailover any previously adopted terms withinthe Memoranda of Understanding that conflict herewith.
Section 1:
ATTACHMENT A
Resolution No. 2026-
The recitalsprovided in thisresolutionare true and correct and are incorporated intothe operative partof thisresolution.
Section 2:
If any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityof the remaining portionsof thisresolution.The City Council hereby declares that itwould have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 3:
The CityCouncil findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental QualityAct (“CEQA”) pursuant to Sections 15060(c)(2) (the activitywillnot resultina director reasonably foreseeable indirectphysical change inthe environment) and 15060(c)(3) (the activityis not a projectas defined in Section 15378) of the CEQA Guidelines, CaliforniaCode of Regulations, Title14, Division6, Chapter 3, because ithas no potentialforresultinginphysicalchange to the environment, directlyor indirectly.
Section 4:
Resolution No. 2026-
Section 5: This resolutionshalltake effectimmediately upon itsadoption by the City Council,and the CityClerk shallcertifythe vote adopting the resolution.
ADOPTED this23rd day of June. 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Aa' Flarp
City Attorney
Attachment(s): ExhibitA; Side Letterof Agreement between the City and NBCEA
EXHIBIT A
Side Letter ofAgreement between the City and NBCEA
SIDE LETTER OE AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this23rd day of June 2026, by and between the City of Newport Beach ("City")and the Newport Beach City Employees Association("Association")(collectively"Parties")with respectto the following:
WHEREAS, the current Memorandum of Understanding ("MOU") between the Partieshas a term of November 29, 2025, through December 31, 2028; WHEREAS, the Partieswish to amend Section 5, Miscellaneous, Subsection C, AlternateWork Schedules, to modify the provisionsrelated to the 4/10 work schedules to provide fortheterminationof all4/10 work scheduleson June 30, 2026, unless expressly continued in writing by the City Manager, and to provide that the City Manager shall determine whether to make a 4/10 work schedule available, on a going forward basis, based upon operationalnecessityor otherexceptionalcircumstanees; WHEREAS, the Partieswish to amend Section 5, Miscellaneous, Subsection M, Telecommuting Program, to increasethe number of telecommuting hours provided for under the Telecommuting Program from 80 to 100 hours; and WHEREAS, thisAgreement willnot have the effectof an agreement, and willnot be binding on eitherParty,untilitisapproved by the City Council.
NOW, THEREFORE, itismutually agreed between the Partiesto amend the MOU as set forth below.
Section 1: Section 5, Miscellaneous, Subsection C, Alternate Work Schedules, of the MOU ishereby amended to read as follows:
C. Work Schedules / Alternate Work Schedules
Unit members may work eithera 5/40 or 9/80 work schedulesubjectto supervisorapproval.
After June 30, 2026, a 4/10 schedule shallnot be availableunlessspecificallyapproved in writing by the City Manager, based on operationalnecessityor other exceptionalcircumstances.Any existing4/10 schedule shallterminateon June 30, 2026, unlessexpresslycontinued in writingby the City Manager.
Approval of a 4/10 scheduleisentirelywithintheCity Manager’s discretion,isnot an entitlement and may be revoked due tooperationalneeds.Denialsof requeststo work a 4/10 scheduleand/or the cancellationof existing4/10 scheduleshallnot be subjecttothegrievanceprocedureinSection
5.F.
Employees assignedto the 9/80 work schedulewillhave alternatingFridays off,with the City determiningwhich employees willwork on each alternatingFridayto ensureeffectivecoverage of 1 the work. Supervisorsmay approve a differentalternatingday off based on extenuatingbusiness circumstances.
Employees assignedto a 4/10 schedule willwork four 10-hour days per week, with the City determiningtheregularday offbased on operationalneeds. Requests for specificdays offmay be approved by theCitywhere feasible butshallnot be subjectto the grievanceprocedure in Section
5.F.
The Cityagreestomaintainflex-schedulingwhere itiscurrentlyoperatingsuccessfullyin thisunit.” Section 2: Section 5, Miscellaneous, Subsection M, Telecommuting Program, shallbe amended to read as follows:
“M. Telecommuting Program
The Cityagreestoa telecommuting program thatwillprovidefor100 hours oftelecommutinghours per calendaryeartobe used inaccordancewith Citypolicy.The provisionsof the policyshallnot triggerany rightof grievanceor appeal.”
Section3; Except as expresslymodified herein,allotherprovisions,terms,and covenants setforthin the MOU shallremain unchanged and shallbe in full force and effect.
Signatures on the next page
2 Executed this23rdday of June 2026
FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION:
fBY:
Mafiah Stinson,NBCEA President
FOR THE CITY OF NEWPORT BEACH:
BY:
Lauren Kleiman, Mayor of Newport Beach
CITY OF NEWPORT BEACH
APPRO AS TO FORM: ,,
/r— IL' Aaron C. Harp,CityAttorney
BY:
ATTEST:
BY: Lena Shumway
City Clerk
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