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 Second Amendment to the Position Authorization Resolution (“PAR”) No. 2024-121, adding one full-time Senior Community Revitalization Specialist, and one full-time Community Revitalization Specialist positions in the City Attorney’s Office (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends that Council authorize the adoption of the Second Amendment to the Position Authorization Resolution (PAR) No. 2021-179, adding a total of two full-time positions as follows: one Senior Community Revitalization Specialist and one Community Revitalization Specialist, in the Code Enforcement Division of the City Attorney’s Office to implement the City of Fresno’s Tobacco Team to enforce tobacco-related laws and ordinances pertaining to illegal tobacco retail sales and marketing.
EXECUTIVE SUMMARY
Staff recommends Council approve the Second Amendment to the PAR to add a total of two full-time positions as follows: one full-time position of Senior Community Revitalization Specialist and one full-time position of Community Revitalization Specialist to implement the City of Fresno’s Tobacco Team to enforce tobacco-related laws and ordinances pertaining to illegal tobacco retail sales and marketing.
BACKGROUND
The presence of illegal tobacco products has been observed in large quantities throughout Fresno. There are one hundred and fifty-five schools within the City of Fresno, one hundred and thirty-three of which are located within one thousand feet of a tobacco retailer. This has contributed to an increase of complaints received from schools regarding neighboring retailers selling to minors. The City of Fresno recognizes there is an issue with non-compliance of state tobacco laws as Fresno’s large population and calls for service have limited police officers’ ability to respond to tobacco-related complaints.
On June 6, 2024, the Fresno City Council adopted Resolution No. 2024-106 authorizing the City Attorney, City Manager, or designee to apply, execute, 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) which was implemented 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.
The California Department of Justice/Office of the Attorney General distributes these funds to local public agencies throughout California that have authority to enforce tobacco-related state laws or local ordinances related to retail tobacco sales and marketing.
The City of Fresno, City Attorney’s Office, jointly with the Fresno Police Department, applied for and was awarded $1,446,426 of the Tobacco Program Grant funds, to be utilized toward personnel salaries and benefits, education, and various operations and inspections related to illegal tobacco sales and marketing.
In accordance with Resolution No. 2024-106, the City Attorney’s Office is creating 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.
One permanent, full-time position of Senior Community Revitalization Specialist (“Senior CRS”) is needed to conduct inspections of tobacco retailers to ensure compliance, provide administrative information to law enforcement, coordinate with other state agencies, and assist with various operations to identify tobacco-related violations. The Senior CRS will maintain tobacco retailer lists and a general database to track the program’s progress. The Senior CRS will oversee reinspections, guide retailers into compliance, provide education to retailers and City staff regarding tobacco-related laws and ordinances, and coordinate meetings with the Fresno Police Department’s District Problem Oriented Policing Units (POP) to discuss problematic locations in need of enforcement.
One permanent, full-time position of Community Revitalization Specialist (“CRS”), is needed to conduct inspections of tobacco retailers to ensure compliance, provide administrative information to law enforcement, assist with inventory and transportation of seized material, and assist with various operations to identify tobacco-related violations. The CRS will conduct re-inspections, guide retailers into compliance, issue notices and citations due to non-compliance, and participate in POP meetings to assist with the creation of inspection lists.
There is no requirement to meet and confer with bargaining units for the purpose of this PAR amendment as this is only increasing the number of employees in existing classifications. However, City Attorney’s Office will provide notice to the respective bargaining units for meet and confer obligations as applicable, and consistent with Meyers Milias Brown Act requirements.
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 Senior Community Revitalization Specialist and one permanent, full-time Community Revitalization Specialist will not result in increased salary and benefit expenses in Fiscal Year 2025, as these positions will be reimbursed by the Tobacco Program Grant funds and there is sufficient funding within the City Attorney’s Office budget as appropriated in the Fiscal Year 2025 Annual Appropriation Resolution.
Upon completion of the grant period as proscribed under the Tobacco Grant Program, any employees achieving permanent status will remain permanent employees under the Fresno Municipal Code and these positions will be re-allocated to the General Fund during the appropriate budget year.
Attachment:
Second Amendment to the Position Authorization Resolution No. 2024-121