REPORT TO THE CITY COUNCIL FROM: ANDREW JANZ, City Attorney City Attorney's Office BY: ERICA CAMARENA, Chief Assistant City Attorney Code Enforcement Division, City Attorney's Office SUBJECT ..Title Actions pertaining to the expansion of the Code Enforcement Division in the City Attorney's Office: ***RESOLUTION - Adopt the Third Amendment to the Position Authorization Resolution ("PAR") No. 2024-121, adding one permanent, full-time Housing Program Supervisor position in the City Attorney's Office, Division of Code Enforcement (Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends Council authorize the adoption of the Third Amendment to the Position Authorization Resolution (PAR) No. 2024-121, adding one permanent, full-time Housing Program Supervisor, in the Code Enforcement Division of the City Attorney's Office. EXECUTIVE SUMMARY A new supervisor in Code Enforcement is necessary to ensure the Department is operating appropriately and efficiently given the added programs, duties, and responsibilities assigned to Code. This new supervisor will implement, oversee, and help administer the City of Fresno's new Tobacco Grant and supervise the new Tobacco Team, which will be responsible for enforcing tobacco-related laws and ordinances pertaining to illegal tobacco retail sales and marketing. In addition, the supervisor will resolve understaffing issues which were created by the addition of the Cannabis Administrative Prosecutor Program (CAPP), Blackstone Corridor Project, and Commercial Vacant Building Team. Lastly, this supervisor will also be responsible for overseeing Code Enforcement's Training Program for all staff to ensure the organizational goals are met. BACKGROUND On June 6, 2024, the Fresno City Council adopted Resolution No. 2024-106 authorizing the City Attorney, City Manager, or designee to apply for, execute documents, and accept grant funds through the Tobacco Grant Program. The Tobacco Grant Program is a reimbursement grant administered by the California Department of Justice/Office of the Attorney General to distribute funds obtained by the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) to increase tax on tobacco and provide funds to reduce illegal retail sales and marketing of cigarettes and tobacco products, including electronic cigarettes, to minors. In accordance with Resolution No. 2024-106, the City Attorney's Office is created the Tobacco Team to enforce tobacco-related laws and ordinances pertaining to illegal tobacco retail sales and marketing and to ensure retailer compliance throughout the City. On December 12, 2024, the Fresno City Council adopted Resolution No. 2024-305 adding two grant-funded inspector positions (one Senior Community Revitalization Specialist and one Community Revitalization Specialist) for the Tobacco Team. With the addition of the Tobacco Team, the Code Enforcement Division of the City Attorney's Office, has four new specialized teams, in addition to the newly created Night Team: 1) Tobacco Team; 2) CAPP Team; 3) Commercial Vacant Building Team; and 4) Blackstone Corridor Project. This recent and significant expansion in the Code Enforcement Division results in the need for one full-time Housing Program Supervisor to lead, supervise, and oversee these four teams comprised of eight Code Enforcement Officers. Specialized teams require extensive oversight by a supervisor, including ensuring compliance with grant and MOU requirements, significant coordination and communication with other departments and agencies, development of the specialty teams' processes and procedures, and additional training of staff. Currently and due to the expansion of specialized teams, the Code Enforcement Division is understaffed in the Housing Program Supervisor position as existing supervisors from other teams have been allocated increased supervisory responsibilities resulting in delays in completion of work. One additional full-time position of Housing Program Supervisor is necessary to address this understaffing issue and to ensure all code matters are promptly addressed and compliance is achieved in a timely manner. This new supervisor will also provide supervisory coverage during periods of leave taken by the Night Team's and Community Compliance's supervisors. There is no requirement to meet and confer with a bargaining unit for the purpose of this PAR amendment as this is only increasing the number of employees in an existing classification. ENVIRONMENTAL FINDINGS This is not a "project" for the purposes of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and is therefore exempt from the CEQA requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno. FISCAL IMPACT The addition of one permanent, full-time Housing Program Supervisor will not result in increased salary and benefit expenses in Fiscal Year 2025, as there is sufficient funding within the City Attorney's Office budget as appropriated in the Fiscal Year 2025 Annual Appropriation Resolution. Attachment: Third Amendment to the Position Authorization Resolution No. 2024-121