October 13, 2026
Agenda Item No. 11
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 Alvarez-Glasman & Colvin for Hearing Adjudication Services ABSTRACT:
The City of Newport Beach (City) uses independent hearing officers to conduct administrative hearings and issue written determinations on appeals and other enforcement-related matters. The City recently awarded contracts to two firms to provide hearing officer services; however, the volume of hearing requests has exceeded initial projections, largely due to appeals of administrative citations issued during the heightened enforcement period associated with the Fourth of July Safety Enhancement Zone. To ensure adequate capacity and maintain compliance with the Newport Beach Municipal Code (NBMC) hearing-scheduling requirements, staff requests an exception to bidding and approval of an additional professional services agreement with Alvarez-Glasman & Colvin for hearing adjudication services. The agreement would be in an amount not-to-exceed $187,500 and would terminate on June 30, 2028. The additional firm will provide necessary scheduling flexibility and support the City’s ability to process appeals within the required timeframes.
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; and b) Approve an exception to bidding and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services, in an amount not-to-exceed $187,500, for a term ending June 30, 2028.
DISCUSSION:
Independent hearing officers are required to conduct administrative hearings and issue determinations on appeals and other matters, including, but not limited to, administrative citations; short-term lodging permit suspensions and revocations; three-year construction extensions; loud and unruly gathering violations; and animal control violations.
The Revenue Division facilitates the appeal process and schedules administrative hearings every two weeks and, when needed, as frequently as weekly. Hearings are assigned on a rotating basis among the City’s two currently available hearing officers. To support due process and promote impartiality, hearing officers serve three consecutive years before being removed from the rotation for at least one year.
The City is experiencing an unanticipated and significant increase in requests to appeal administrative citations issued during the heightened enforcement period associated with the Fourth of July Safety Enhancement Zone. The resulting volume of appeals has exceeded initial projections and is placing greater demands on the City’s two currently available hearing officers. Additional hearing capacity would help the City manage the current increase and accommodate future fluctuations in hearing volume.
Although the volume of hearings is expected to ebb and flow over time, the City must maintain sufficient capacity to respond promptly to periods of increased demand. Without additional hearing officers, the current caseload may limit scheduling flexibility, place increased demands on the existing contracted firms, and jeopardize the City’s ability to meet mandatory hearing deadlines.
Pursuant to Section 1.05.080 of the NBMC, a hearing must be scheduled no fewer than 15 days and no more than 60 days from the date the hearing request is filed. Adding another qualified hearing officer would provide scheduling flexibility, help manage the current increase in appeals, and support the City’s ability to meet these requirements.
Because the City currently has only two hearing officers available and must schedule hearings within the timeframe established by the NBMC, staff recommends an exception to bidding so an additional hearing officer can be brought on board as soon as possible. Waiting to complete another competitive solicitation would delay adding capacity while the City is managing the increase in hearing requests. Alvarez-Glasman & Colvin has extensive experience providing hearing officer services to various public agencies and is qualified to serve as a neutral and independent hearing officer for the City. The additional capacity would help the City process appeals within the required timeframes and maintain a fair and impartial hearing process.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this service.
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).
ATTACHMENT:
Attachment A – Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services
Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services October 13, 2026
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