September 22, 2026
Agenda Item No. 16
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Jeff Boyles, Fire Chief - 949-644-3101, [email protected] PREPARED BY:
Raymund Reyes, Administrative Manager - 949-644-3352, [email protected] TITLE:
Resolution No. 2026-86, 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 ABSTRACT:
The Newport Beach Fire Department (NBFD) is requesting City Council approval to temporarily employ former Assistant Fire Chief Justin Carr on a part-time, at-will basis following his recent retirement. Mr. Carr’s nearly 30 years of experience with the NBFD will assist in operational continuity during a transitional period in the department through the completion of several special projects. The agreement complies with Council Policy F-14, relevant Government Code sections, and CalPERS regulations. If approved, the proposed agreement sets his compensation at $141.288 per hour, includes no additional benefits, and has an effective date of October 5, 2026, and a termination date of December 25, 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) Adopt Resolution No. 2026-86, 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; and c) Authorize the City Manager and City Clerk to execute a Post Retirement Temporary Employment Agreement with Justin Carr for Assistant Fire Chief Services, with an effective date of October 5, 2026, and a termination date of December 25, 2026.
DISCUSSION:
Per Council Policy F-14, contracts with former City of Newport Beach employees require City Council approval when not more than five years have passed since their last date of service with the City. Additionally, retired annuitants must complete a 180-day waiting period or have an allowable exception according to Government Code Section 7522.56 before returning to work for the City.
A governing body (e.g. the City Council) may approve, via resolution and a public meeting, an exemption to this waiting period by certifying the nature of the employment and that such an appointment is necessary to fill a critically needed position. Retired annuitants can be employed in temporary appointments as extra help when the retired person has specialized skills needed to perform work of limited duration in accordance with Government Code Sections 21224, 21229, and 7522.56.
Assistant Fire Chief Justin Carr retired on September 19, 2026, following a nearly 30-year career with the NBFD. As the assistant fire chief, Mr. Carr provided executive-level oversight and management of the Operations Division and was responsible for several significant projects that currently remain active.
Mr. Carr’s retirement presents an unusual convergence of operational and administrative needs coupled with two other division management vacancies in the department; the departure of the fire marshal (in which retired annuitant Kevin Bass is providing extra help in the interim), and the upcoming retirement of the assistant chief of lifeguard operations.
It is recommended that the City Council approve a limited-term, temporary employment agreement with Mr. Carr to provide extra help to the department and to enable him to continue working on the following key projects.
Promotional Examination Evaluation Policy
Mr. Carr began development of a new department policy establishing revising parameters and procedures for the department evaluation component of promotional examinations. The policy is intended to provide greater consistency, objectivity, transparency and defensibility in how candidates are evaluated during future promotional processes. The development of this policy requires a detailed understanding of the department's existing promotional practices, organizational expectations, and the roles and responsibilities associated with each rank. Completion of this project during the temporary appointment term will allow Mr. Carr to transfer the underlying methodology and institutional knowledge to the Fire Operations and Administrative Services Division personnel responsible for administering future promotional processes. It is expected that the policy updates will go into effect in 2027.
Assistant Fire Chief Operations Manual
Mr. Carr led the creation of a formal manual that itemizes the broad range of complex operational, administrative and organizational functions of the assistant fire chief position. The manual is intended to supplement the existing Fire Department Policy Manual by documenting critical responsibilities, recurring processes, timelines, procedures, key contacts, and institutional knowledge associated with the position. Completion of the manual is particularly important because it will help facilitate an orderly transfer of responsibilities and provide the department with a permanent succession-planning resource.
Department Radio Replacement Program
The NBFD is currently preparing for a comprehensive replacement of the department’s existing inventory of radio communications equipment. The first phase of this replacement would focus on approximately 90 handheld radios. The manufacturer of the existing radios ceased production of replacement parts and units will no longer be serviced by the manufacturer. Mr. Carr would continue to provide executive oversight and planning to finalize replacement radio specifications for possible procurement in early 2027.
The temporary post-retirement agreement follows Council Policy F-14 and relevant Government Code and PERS regulations. If the agreement is approved by the City Council, the NBFD will engage with Mr. Carr at a rate of $141.288 per hour, which is not greater than the top salary step range of the assistant fire chief classification. Mr. Carr will not be eligible for overtime pay, holiday pay, or other additional benefits. It is understood that employment is for a provisional, “at will” position and is limited to a maximum of 960 hours during the term of the agreement (in accordance with CalPERS post-retirement guidelines). It is expected that Mr. Carr will work a schedule of 40 hours per week.
FISCAL IMPACT:
The adopted Fiscal Year 2026-27 budget has sufficient funding for this request. It will be expensed to the NBFD part-time salary budget in the Fire Operations Division, 01040401-711003. Salary savings from the vacant assistant fire chief position will be used to offset the cost.
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 – Resolution
Resolution No. 2026-86, 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 September 22, 2026
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