HomeMy WebLinkAboutResolution - - 2020-035 - 2/27/2020 Y �
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RESOLUTION NO. 2020-035
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, PROVIDING FOR REGULATIONS
PURSUANT TO SECTION 9-2601(p) OF THE FRESNO
MUNICIPAL CODE, RELATING TO THE USE AND
POSSESSION OF WEAPONS AND SECURITY
WHEREAS, the Council has approved changes to 9-2601 providing for security of
City Hall and other City facilities; and
WHEREAS, 9-2601(p) now provides:
The Council, by resolution, may provide for and publish further security
regulations and/or exceptions to implement this section.
WHEREAS, the Council desires to provide more detailed security regulations so
that 9-2601 may be implemented.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. City Hall Entrance Screening Stations-All persons not excepted by 9-2601
or this resolution entering the building are subject to search as follows:
a. Upon entrance to the building through the City Hall front entrance, all
persons, except as provided herein, will be guided through the screening process by
security personnel.
b. The security screening process requires and includes, but is not
limited to, passage through a metal detector device, a hand-wand, or manual inspection.
C. Persons can expect to empty their pockets and place all contents
into a container for screening by visual inspection, an X-ray device or similar technology.
d. Items such as overcoats, purses, briefcases, backpacks, parcels and
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Date Adopted: 02/27/2020
Date Approved: 03/05/2020 Resolution No.2020-035
Effective Date: 03/26/2020
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other hand-carried objects will also be subjected to screening by an X-ray device or similar
technology.
e. If screening devices detect items that may be prohibited in the
building, security personnel will conduct additional hand-wand and/or physical screening
as necessary to verify.
f. Security personnel may also conduct hand-wand and/or physical
screening as necessary in the event of a screening device malfunction.
g. Individuals possessing prohibited items will be advised to remove the
item from the building or surrender it to security staff for disposal before entrance into the
building is permitted.
h. Upon completion of the screening process, persons will be able to
collect any personal belongings and enter the building.
i. City employees, unless exempted, shall be subject to the same
screening process as all other persons with the exception security personnel may opt to
screen their bags and belongings for prohibited items via a visual inspection.
j. City Employee electronic identification cards shall be subject to
verification, visually and/or electronically. If employees are not in possession of their
electronic identification card, they shall be subjected to the same screening process as
members of the public entering the building.
k. If individuals exit the building and return, they will go through the
security screening process again.
I. During busy and congested times of the day, particularly early
morning and after lunch, security personnel will prioritize and expedite screening and
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entry for City employees with identification.
M. City Facilities Management personnel shall have the responsibility
and authority to screen large or bulky items using a suitable method when it is not possible
or practical to screen the items per the methods listed in this resolution. Reasonable
caution shall be exercised to minimize a safety or security risk.
n. City Public Safety personnel (police and fire) shall have the ability to
access the building and bypass security to address emergencies or immediate safety and
security risks or threats.
o. Authorized City Facilities Management, Information Services
Department, and critical emergency response staff shall have after-hours access to the
building or bypass security to address emergencies or immediate safety and security risks
or threats; also, maintenance employees or contractors who work at City Hall during non-
business hours are not required to be screened, but City staff shall take reasonable
measures to ensure they are not bringing prohibited items into the building.
2. Pursuant to and subject to the provisions of 9-2601, prohibited items
include:
a. Weapons, but are not limited to firearms, stun guns or tasers, switch
blade knives/gravity knives having a blade longer than two inches, tear gas, and
explosives. Any item or article having the potential to inflict or cause physical harm shall
be inspected to determine whether it has been filed, sharpened, honed, or in any other
manner altered to the extent that it meets the definition of prohibited weapons as defined
in Penal Code Sections 12020 and 171 b. However, this policy shall not exclude entrants
to City Hall from carrying bona fide religious articles of faith (such as a Sikh kirpan) so
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long as: (1) such articles are secured in a protective sheath; (2) carried in a discrete
manner; and (2) do not exceed a blade length of seven inches.
b. Peace officers, as provided in 9-2601, will be allowed to possess
employer approved firearms and other weapons in a manner consistent with their
employment duties, requirements, and limitations.
C. The following are also prohibited, and signs shall be clearly posted
at all entrances to City Hall stating they are prohibited:
Batons Handcuffs/Handcuff Keys Sharp Metal Cans
Box Cutters Knitting/Craft Needles Spray Paint
Ammunition Knives/Pocket Knives Razor Blades
Corkscrews Keychain Weapons Scissors
Illegal Drugs Large Glass Bottles Silverware
Drug Paraphernalia Large Spray Cans Stun Guns
Explosives Laser Pointers Tools of Any Kind
Replica or Toy Guns Leatherman Tools Torch Lighters
Mace or Pepper Spray
d. Building security personnel and City peace officers shall have the
authority to prohibit additional items that may pose a safety or security risk on a case-by-
case basis.
e. For City employees and contractors hired by the City, items
necessary and appropriate to perform a job function or for food preparation and
consumption, such as tools, scissors, kitchen utensils, shall be allowed. Nonetheless,
except for the food concessions contractor, any knife with a blade exceeding three inches
in length shall be blunt or round tipped only. City Facilities Management personnel shall
exercise reasonable caution in allowing items to be brought into the building to minimize
safety or security risk associated with doing so.
f. Any prohibited item that may be in the possession or control of a City
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official or employee within City Hall prior to the effective date of this resolution shall be
removed from City Hall by the effective date of this resolution.
g. The City Manager may issue additional regulations in consultation
with the Police Chief and determination by the City Attorney that the additional regulations
are not inconsistent with the Fresno Municipal Code and this resolution.
3. Pursuant to 9-2601(1), Councilmembers shall have continuous electronic
key card access to the following areas of City Hall controlled by key card access: Council
offices area; all hallways; Council chambers; the City Attorneys' offices; the City Clerk's
offices; all stairwells; all external doorways; meeting rooms that Council offices typically
utilize for meetings and events. This section does not necessarily grant access to specific
offices with keyed locks or specific security requirements (e.g. server rooms/secured
records/cash handling areas). Despite having access, no person shall utilize that access
for any improper purpose.
4. Pursuant to 9-2601(k)(2), Charter officials may allow guests who will be
accompanying them in City Hall (not simply granting entry) to enter with them without
passing through security; however the officials shall take reasonable measures to ensure
the guests are not in possession of items prohibited in the building.
5. For the purposes of 9-2601 and this resolution, "Charter officials" shall
include sitting Fresno City Councilmembers, the Mayor, City Manager, City Clerk, City
Attorney, and City Controller.
6. Any City official or employee, other than Charter officials, or employees
exempted pursuant to paragraph 7(d) below, desiring entry to City Hall outside of regular
business hours, 7 a.m. to 6 p.m. Monday through Friday, excepting holidays (or earlier
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morning hours or later evening hours, as may be established), should make prior
arrangements for entry through security. If a public meeting is to take place outside of
regular business hours, all persons attending the meeting shall pass through security,
and prior arrangements shall be made for security services.
7. The provisions of 9-2601 shall be further implemented as follows:
a. The construction of the fence described in 9-2601(m), shall be
constructed as soon as the procurement and construction process can take place, and
Council shall be kept informed of the progress and anticipated timeline of completion. The
fenced area shall also provide for emergency pedestrian fire exit from that area. All
persons who have entered City Hall through security may also exit through the fenced
area; however, no person shall allow unauthorized entry access to anyone from the
exterior gates or doors.
b. The Q Street center glass doorway (east doorway) to City Hall shall
also be made available for employee only entry during City Hall regular business days
from 7 a.m. to 5 p.m. (or earlier morning hours or later evening hours, as may be
established), contingent upon Council approving necessary funding for this purpose,
along with an implementation plan.
G. During Council meetings and for 30 minutes thereafter, the second
floor west glass doorways shall be made available for exit only, and attended to by
security or another responsible employee to ensure no one shall enter through those
doors.
d. All City officials and employees who have a permit to park in the City
Hall south lot adjacent to Tulare Street shall also be permitted to enter through the
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pedestrian gate into the fenced area of the parking lot, as well as the City Hall southeast
doorway, without screening. They shall not be permitted to allow other persons to enter
with them, unless the other persons are also qualified to enter through the southeast
doorway.
e. For all City employees not exempted from security screening, those
employees shall pass through screening at the City Hall front doorway; however, until the
City has funded and implemented additional equipment and/or personnel necessary to
accommodate employee screening so that entry is not unreasonably delayed, if due to
the number of employees in line to enter there would be a wait in excess of 5 minutes in
the judgment of security personnel, those employees with proper identification shall be
permitted to enter without security screening; the Administration shall provide to the
Council for approval a cost estimate and implementation plan for the necessary
equipment and/or personnel within 90 days of the effective date of this resolution.
8. The City Manager may establish security regulations for other City facilities
that are not inconsistent with any City ordinance or Council resolution, as may be
published in an Administrative Order.
9. Council hereby directs the Administration, Staff, and the City Attorney to
take all actions necessary to implement this resolution, which may include returning to
Council for such further approvals as required, including any amendments to the Annual
Appropriation Resolution or contract approvals.
These regulations shall become effective concurrently with the effective
date of the amendments to FMC 9-2601 approved by the Council on January 30, 2020.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the J 27th day of February 2020,
AYES : Caprioglio,Chavez, Esparza, Soria,Arias
NOES ; Bredefeld, Karbassi
ABSENT : None
ABSTAIN : None
Mayor Approval: March 5th _, 2020
Mayor Approval/No Return: N/A , 2020
Mayor Veto: N/A , 2020
Council Override Vote: N/A . 2020
YVONNE SPENCE, MMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
4),'
loan Date
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February 28, 2020 Council Adoption: 2/27/2020
Mayor Approval:
TO: MAYOR LEE BRAND Mayor Veto:
Override Request:
FROM YVONNE SPENCE, MMC, CRM
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the City Council meeting of February 27, 2020, Council adopted the attached
Resolution No. 2020-035, entitled Providing for regulations pursuant to Section
9-2601(p) of the Fresno Municipal Code, relating to the use and possession of
weapons and security. Item 1-V, File ID 20-00257, by the following vote:
Ayes Caprioglio, Chavez, Esparza, Soria, Arias
Noes Bredefeld, Karbassi
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections
and executing and dating your action. Please file the completed memo with the Clerk's
office on or before March 9, 2020. In computing the ten day period required by Charter,
the first day has been excluded and the tenth day has been included unless the 10t" day
is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to
file this memo with the Clerk's office within the required time limit shall constitute
approval of the ordinance, resolution or action, and it shall take effect without the
Mayor's signed approval
APPROVEDINO,RETURN:
for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date-
Lee rand ❑r
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes ,
Absent o
Abstain l
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