Attachment - A
Resolution
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
180-DAY WAIT PERIOD EXCEPTION PURSUANT TO
GOVERNMENT CODE SECTIONS 7522.56 AND 21224
FOR THE APPOINTMENT OF RETIRED ANNUITANT
JUSTIN CARR AS AN EXTRA HELP RETIRED
ANNUITANT
WHEREAS, in compliance with Government Code Section 7522.56, the City Council of Newport Beach may be required to provide the California Public Employees' Retirement System ("CalPERS") a certification resolution when hiring a retiree before 180 days have passed since the retiree's retirement date;
WHEREAS , Justin Carr retired from the City of Newport Beach in the position of Assistant Fire Chief, effective September 19, 2026;
WHEREAS , Government Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, subject to some exceptions, including but not limited to, Government Code Section 7522.56(f)(1 ), when the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed; WHEREAS, another exception to the 180-day wait period is Government Code Section 7522.56(f)( 4 ), which provides an exception when the retired person is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter;
WHEREAS , Government Code Section 7522.56 provides that these exceptions to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive;
WHEREAS , the Newport Beach City Council, the City of Newport Beach, and Justin Carr certify that Justin Carr has not and will not receive a Golden Handshake or any other retirement-related incentive;
WHEREAS, the City of Newport Beach desires to appoint Justin Carr as an extra help annuitant to perform the duties of the Assistant Fire Chief for the City of Newport Beach under Government Code Section 21224, effective October 3, 2026; Resolution No. 2026-
WHEREAS, the entire employment agreement, contract, or appointment document between Justin Carr and the City of Newport Beach has been reviewed by the City Council;
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year; WHEREAS , the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; WHEREAS, the maximum base salary for this position is $24,489.92 per month and the hourly equivalent is $141.288, and the minimum base salary for this position is $19,192.29 per month and the hourly equivalent is $110.72; WHEREAS , the hourly rate paid to Justin Carr will be $141.288; and WHEREAS , Justin Carr has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council hereby certifies the nature of the employment of Justin Carr, as described herein and detailed in the temporary employment agreement attached hereto as Exhibit A and incorporated herein by reference, that this appointment is necessary to fill the critically needed position of Assistant Fire Chief for the City of Newport Beach to commence on October 5, 2026, to provide extra help to the Fire Department in order to continue and complete specific projects of crucial operational benefit, and that the City Manager is authorized to execute the agreement.
Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Resolution No. 2026-
Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of September, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4--c. «---AITTn C. Harp
City Attorney
Lauren Kleiman
Mayor
Attachment: Exhibit A - Post Retirement Temporary Employment Agreement with Justin Carr for Assistant Fire Chief Services
Exhibit A
Post Retirement Temporary Employment Agreement with Justin Carr for Assistant Fire Chief Services
POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH JUSTIN CARR FOR ASSISTANT FIRE CHIEF SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT ("Agreement") is made effective as of the 5th day of October, 2026 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("City") and JUSTIN CARR ("Employee"), an individual (sometimes collectively referred to herein as "the Parties"), whose mailing address is on file with the City, with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. City requires temporary Assistant Fire Chief services.
C. In accordance with Government Code Section 21224(a), a retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by the appointing power of a state agency or public agency employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration. These appointments shall not exceed a combined total of 960 hours for all employers each fiscal year. The compensation for the appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule divided by 173.333 to equal an hourly rate. A retired person appointed pursuant to this section shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. A retired annuitant appointed pursuant to this section shall not work more than 960 hours each fiscal year regardless of whether he or she works for one or more employers .
D. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary Assistant Fire Chief ("Position") services upon the terms and conditions in this Agreement.
E. Employee is willing to accept such temporary employment on the terms and conditions set forth in this Agreement.
NOW, THEREFORE , it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on October 5, 2026, or earlier as directed, in writing, by the Fire Chief, and shall end December 25, 2026, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Assistant Fire Chief, as further described in the Job Description attached hereto as Exhibit A and incorporated herein by reference.
2.2 All duties shall be performed in compliance with City ordinances, policies, rules and regulations. Employee shall familiarize him or herself with the City's Employee Manual.
At all times, Employee agrees to perform all services related to Employee's employment hereunder faithfully and diligently and to discharge the responsibilities thereof to the best of Employee's ability.
3. COMPENSATION
3.1 As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows:
3.1.1 Pay of Assistant Fire Chief, One Hundred Forty One Dollars and 288/1000 ($141.288) per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi-weekly basis corresponding to the City's payroll schedule and Employee is subject to State and Federal income tax withholdings. The rate of $141.288 per hour shall be considered just compensation and no additional benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate shall be provided pursuant to this Agreement.
3.1.2 Employee shall maintain and submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule.
4. HOURS
4.1 Hours of work are not guaranteed. Employee's services will be provided on an as needed, per project basis, upon written request of the Department Director or City Manager.
Hours of work shall not exceed 40 hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and employment is for a provisional, "at will" position.
4.3 Employee shall not work more than 960 hours each fiscal year during the term of the Agreement, regardless of whether Employee works for one or more employers, in accordance with CalPERS post retirement employment guidelines. Employee shall be solely responsible for monitoring hours worked for all employers to insure full compliance.
5. ADMINISTRATION
This Agreement will be administered by the Fire Department. City's Fire Chief or designee shall be the Administrator and shall have the authority to act for City under this Agreement. The Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
Justin Carr Page2
6. NOTICES
6.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Employee to City shall be addressed to City at:
Attn: Chief Jeff Boyles
Newport Beach Fire Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
6.3 All notices, demands, requests or approvals from City to Employee shall be addressed to Consultant at:
Justin Carr
At home address then shown in Employer's files
7. TERMINATION
7.1 Employee's employment is "at will" which means that Employee's employment with City may be terminated at any time, with or without cause, by either party by giving 24 hours prior written notice to the other party.
7.2 Provisional Employee shall mean any person who, pursuant to an Appointment, contract or otherwise, performs work that is generally identified in the Annual Budget and is of limited duration or seasonal in nature.
7.3 Employee's employment status cannot be changed except in writing on a form signed by the Department Director, City Manager and Employee.
7.4 Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the temporary position with the City.
7.5 No promises or representations regarding regular, full time or permanent employment status have been made to Employee and Employee has no expectation of permanent employment with the City. Furthermore, Employee has no expectation of Civil Service classification, rights or status under this Agreement.
7.6 Upon termination of this Agreement, the City shall pay to Employee that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
Justin Carr Page 3
8. EFFECT OF PRIOR AGREEMENTS
This Agreement supersedes any prior agreement between the City and the Employee, except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewhere provided and not expressly provided in this Agreement.
9. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Employee, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Employee or any other party.
10. CONFIDENTIALITY
Employee shall hold and safeguard confidential information in trust for the City and shall not, without the prior written consent of the City, misappropriate or disclose or make available to anyone for use outside the City at any time, either during his employment with the City or subsequent to the termination of his employment with the City for any reason, including, without limitation, termination by the City for cause or without cause, any confidential information, whether or not developed by Employee, except as required in the performance of Employee's duties to the City. All documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information .
11. CONFLICTS OF INTEREST
11.1 The Employee may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
11.2 If subject to the Act, Employee shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City.
12. OUTSIDE ACTIVITIES
12.1 Employee is expected to devote his/her full time, attention and efforts to the performance of his or her assigned duties. An Employee shall not engage in any outside employment or business activities during his/her workday. An Employee shall not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, his/her ability to perform the duties, functions, or responsibilities of his/her Position.
12.2 Employees may obtain and/or maintain employment with persons or entities Justin Carr Page 4
other than the City or self-employment ( outside employment) subject to written approval by the Department Director.
13. STANDARD PROVISIONS
13.1 Recitals. City and Employee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
13.2 Compliance with all Laws. Employee shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Employee shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Department Director and City.
13.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Job Description or any other attachments attached hereto, the terms of this Agreement shall govern.
13.4 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
13.5 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
13.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
13.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Employee and City and approved as to form by the City Attorney.
13.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
13.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
13.10 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
13.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, Justin Carr Page 5
each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Justin Carr Page 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: ____________ _
Jeff Boyles
Fire Chief
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ~I °I I Z<p r ,
By:~ ~ onCHarp
1ty Attorney ~ • 'f • 2" -4 i:
ATTEST:
Date: -------
By: _____________ _
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: ____________ _
Seimone Jurjis
City Manager
EMPLOYEE: JUSTIN CARR
Date: ---------
By: ____________ _
Justin Carr
[END OF SIGNATURES]
Attachments:
Exhibit A: Job Description
Justin Carr Page 7
EXHIBIT A
JOB DESCRIPTION
Justin Carr Page A- 1
City of Newport Beach
ASSISTANT FIRE CHIEF
CLASS CODE 7000018
ESTABLISHED DATE July 30, 2014
Definition
SALARY
REVISION DATE
$110 .72 - $141.29 Hourly
$8,857.98 - $11,303.04 Biweekly
$19,192.30 - $24,489.92 Monthly
$230,307.58 - $293,879.04
Annually
January 02, 2020
To assist the Fire Chief in the administration and overall management of Fire Department programs and services ; manage program delivery of fire suppression, emergency medical services, hazardous situation mitigation, disaster response, fire prevention inspections, budget and personnel administration, training , and/or community education activities; act as Fire Chief in his/her absence.
DISTINGUISHING CHARACTERISTICS : The Assistant Fire Chief is the top level administrative management position reporting directly to the Fire Chief. Employees at this level possess a thorough knowledge of City policies and procedures , principles of emergency management, fire suppression techniques , budget and personnel administration , employee discipline, and public service principles and practices.
SUPERVISION RECEIVED AND EXERCISED: The Assistant Fire Chief receives administrative direction from the Fire Chief and exercises direct supervision over safety and civilian professional , supervisory and administrative support staff.
Essential Duties
The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different fun ctions from those below, to address business needs and changing business practices :
• Assist the Fire Chief in the planning, implem enting, and directing the services and activities related to the delivery of Fire Department operations including but not limited to, fire suppression, emergency medical delivery , hazardous situation mitigation, disaster response, fire prevention inspections, budget and personnel administration, training , and communit y educatio n programs; • Respond to emergency incidents; assume command as Incident Commander when appr opr iate, and direct assigned fire dep artment resources in the suppression of fires, medical or other emergency situations ; • Establish strateg ies and programs to meet department operational goals; continuously review operational activities and programs to identify issues and create solutions for improving service delivery; recommend and administer new policies and procedures to increase department efficiency and effectiveness; • Coordinate department activities with other City departments and outside agencies; provide professional and technical advice and assistance on matters related to emergency operations functions; participate in professional and public meetings and organization; participate in staff meetings, special committees or task forces and/or special proje cts;
• Conduct staff projects and special studies ; review, edit, and approve delegated projects; prepare and present reports to the City Council, Civil Service Board, community groups, and outside agencies; • Monitor, evaluate and document subordinate work performance; ensure City personnel policy and employee labor agreements are implemented and applied consistently throughout the department; • Implement staff training programs and standards; recommend and coordinate with subordinate supervisors on employee recognition, discipline and termination;
•
• Participate in the development of the department budget including the forecast of revenue, expenses and funds needed for staffing, equipment, materials, and supplies; guide subordinate managers in developing and administering division and unit budgets:
• Perform the duties of the Fire Chief, when assigned;
• Regularly and predictably attend work; an
• Perform other duties as assigned.
Qualifications
To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge , skill, and/or ability required.
Knowledge of:
Advanced command and control principles and practices relating to emergency incident and/or disaster management, such as the Incident Command System , the Multi Casualty Incident Management System, National Incident Management Systems and Standardized Emergency Management System ; Leadership and management principles and practices related to administration of a large-scale municipal fire department;
Emergency incident strategy and tactics related to fire, major medical, hazardous materials, environmental and other emergency incidents;
Fire prevention and preparedness standards , principles and practices; Applicable Federal, State and local laws , ordinances, codes and regulations; Principles of personnel management including performance evaluation, performance improvement, motivation and mentoring;
Firefighter's Bill of Rights (FBoR) and personnel investigations , discipline and documentation; Current trends in fire service train ing, education and community outreach; Communication equipment and software applicable to the delivery of departmental services.
AbilitY. to:
Apply technical knowledge in a critical , time-sensitive manner and make appropriate decisions regarding emergency incident management;
Analyze problems ; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals ;
Interpret and apply City and Department policies, procedures, rules and regulations ; Provide leadership to a diverse work force ; encourage and motivate subordinates to delive r high-quality work; effectively supervise, train and evaluate the work of subordinate personnel; Exercise judgment in interpreting fire preventing codes and standards; Prepare and present staff reports and address concerns of City Council , Civil Service Board , community groups , and members of the public;
Stay abreast of innovations and standards in the fields of fire suppression and prevention , emergency medical services , disaster preparedness , and hazardous material mitigation; Perform complex analyses and recommend solutions ;
Gain cooperation through discussion and persuasion;
Assist in preparing and administering the department budget; Meet the Newport Beach Fire Department medical and fitness standards ; Maintain confidentiality of medical, personnel and other privileged information; Communicate clearly and concisely , both orally and in writing; Accept constructive criticism; and
Establish and maintain cooperative working relationships with those contacted in the course of work.
Experience & Education and License/Certificate
A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be:
ExP-erience: Eight or more years of progressively responsible fire suppression and prevention work experience , includi ng six years combined managerial and supervisory experience, three of which must be at the level of Fire Battalion Chief, Division Chief, and/or Deputy Chief.
Education: Completion of a Bachelor's degree in fire science, management, business administration, or other related field.
LICENSE AND CERTIFICATE: Due to the performance of some field duties which require the operation of a personal or City vehicle , a valid and appropriate California driver's license and an acceptable driving record are required.
Possession of, or completion of, all required classes necessary to obtain a CFSTES Chief Officer Certification.
Please Note: Candidates deemed most qualified , as reflected in their application materials, will be invited to continue in the recruitment process. The prospective candidate must successfully complete a thorough background review , including being fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, {if any). will be evaluated along with the other information received in connection with your application. Except as otherwise required by law, a criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the relevance of the offense to the position applied for may, however, be considered.
Disaster Service Worker: In accordance with Government Code 3100 , City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly.