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05-01-2018 - Agenda -- Compiled: 4/26/2018 02:19:37 PM CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 01, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tem Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw Councilman Tony Wu Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIES ACT The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting. AGENDA MATERIAL Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours. NOTICE The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.    RULES OF DECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY   RULES OF DECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY   INVOCATION   Led by Community Relations Pastor at Faith Community Church & West Covina Police Chaplain Kelly Dupée   PLEDGE OF ALLEGIANCE   Led by Councilman Tony Wu   ROLL CALL   REPORTING OUT FROM CLOSED SESSION   CHANGES TO THE AGENDA   PRESENTATIONS   Proclamation proclaiming May 12, 2018 as Fire Service Day   Proclamation proclaiming May 13-19, 2018 as National Police Week   ORAL COMMUNICATIONS - Five (5) minutes per speaker  Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.   CONSENT CALENDAR  All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.   APPROVAL OF MEETING MINUTES (receive & file)   1) April 17, 2018 Regular Closed Session Meeting Minutes April 17, 2018 Regular City Council/Successor Agency Meeting Minutes   CLAIMS AGAINST THE CITY   2) Government Tort Claim Denial   It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Lorelay Faussier vs. The City of West Covina Wawanesa Insurance ASO Manuel Gonzalez vs. The City of West Covina Ernest Hernandez vs. The City of West Covina   ORDINANCES FOR ADOPTION   3) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization   It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION   COMMUNITY & ECONOMIC DEVELOPMENT   4) Auto Plaza Business Improvement District   It is recommended that the City Council receive public testimony and file the report.   5) Resolution Authorizing Payment and Acceptance of Transfer of Properties and License Agreement from the Successor Agency to the Former West Covina Redevelopment Agency to the City of West Covina   It is recommended that the City Council adopt the following resolution to effectuate the purchase of three (3) parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and transfer of the related License Agreement (APN: 8735-002-018) from the Successor Agency to the former West Covina Redevelopment Agency to the City of West Covina: RESOLUTION NO. 2018-49 - A RESOLUTION OF THE CITY OF WEST COVINA AUTHORIZING PAYMENT FOR AND ACCEPTANCE OF THREE (3) PARCELS (APN's: 8735-002-906, 8735-002-909, 8735-002-910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY   It is recommended that the City Council adopt the following resolution to effectuate the purchase of three (3) parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and transfer of the related License Agreement (APN: 8735-002-018) from the Successor Agency to the former West Covina Redevelopment Agency to the City of West Covina: RESOLUTION NO. 2018-49 - A RESOLUTION OF THE CITY OF WEST COVINA AUTHORIZING PAYMENT FOR AND ACCEPTANCE OF THREE (3) PARCELS (APN's: 8735-002-906, 8735-002-909, 8735-002-910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY   FINANCE DEPARTMENT   6) Fiscal Year 2017-18 Budget Amendment   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Fire Department Overtime and Legal Costs)   7) Commercial Rental Business License Amnesty Program   It is recommended that the City Council approve the Commercial Rental Business License Amnesty Program, as outlined in the staff report.   HUMAN RESOURCES   8) Request for Proposals (RFP) for Third-Party General Liability Claims Administration Services and Temporary Contract Extension with Carl Warren & Company   It is recommended that the City Council approve the third amendment to the professional services agreement with Carl Warren & Company for Third-Party General Liability Claims Administration Services.   9) West Covina Police Management Association Salary Range Correction   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2015 THROUGH JUNE 30, 2019   PUBLIC WORKS   10) A Resolution of the City Council of the City of West Covina, California, approving a List of Fiscal Year 2018-19 Projects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING A LIST OF FISCAL YEAR 2018-19 PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017   11) Award of Contract for the Construction of Azusa Avenue Sewer List Station Upgrade - Project No. U-17022   It is recommended that the City Council reject all bids and re-bid the project.   12) Release of Faithful Performance Guarantee and Labor and Material Bonds for Tract No. 73043 - City Ventures   It is recommended that the City Council accept all on-site improvements for Tract No. 73043 located at 424 S. Lark Ellen Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $524,970 and $9,770 respectively.   13) Renewal of Landscape Maintenance District No. 4 - Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvements with the District   It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 RESOLUTION NO. 2018-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT   It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 RESOLUTION NO. 2018-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT   14) Renewal of Landscape Maintenance District No. 6 - Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvements within the Districts   It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-40 - A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PRUSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 RESOLUTION NO. 2018-41 - A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATIOIN AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT   15) Renewal of Landscape Maintenance District No. 7 - Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvement within the District   It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 RESOLUTION NO. 2018-43- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATIOIN AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT   16) Renewal of the Citywide Lighting and Maintenance District and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvements within the District   It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-44 -  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2018 RESOLUTION NO. 2018-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 19, 2018 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT    17) West Covina Citywide Sewer Service Charge - Set Public Hearing Date on the Method of Collection and Fee Increase   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 19, 2018 TO APPROVE THE SEWER FEE ESTABLISHED BY RESOLUTION NO. 2017-55 FOR FISCAL YEAR 2018-2019 AND TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL   ACTION ON CONSENT CALENDAR Motion by __________ second by __________ to approve all items listed on the Consent Calendar as presented except:_________________________________________ ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence   END OF CONSENT CALENDAR   HEARINGS   PUBLIC HEARINGS   18) Adoption of the West Covina Active Transportation Plan - Statutory Exemption   a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the West Covina Active Transportation Plan.   Motion by __________ second by __________ to ___________________________________   DEPARTMENTAL REGULAR MATTERS   FINANCE DEPARTMENT   19) Appointment of Audit Committee Members   It is recommended that the City Council appoint one Council Member and one community member to the City's Audit Committee to serve a two-year term.   Motion by __________ second by __________ to ___________________________________   20) Business License Tax Analysis and Ordinance Review   It is recommended that the City Council authorize the City Attorney to draft an ordinance amending Chapter 14 entitled "License and Business Regulations" of the West Covina Municipal Code ("Business License Ordinance") that would adopt a new fee structure for business license taxes based upon Gross Receipts - Classification Based Tax Rates and direct staff to prepare necessary documents to allow the City Council to call for an election for voters to consider the amendments to the Business License Ordinance.   Motion by __________ second by __________ to ___________________________________   AB1234 Conference and Meeting Report (verbal, if any)  (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)   CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION  (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.)   MAYOR MIKE SPENCE   21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Opposing AB 931 (Weber) Criminal Procedure: Use of Force by Peace Officers   It is recommended that the City Council discuss whether or not to take a formal position opposing Assembly Bill (AB) 931 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken.   Motion by __________ second by __________ to ___________________________________   22) Request from Mayor Spence for City Council to Discuss Term Limits for City Council   It is recommended that the City Council discuss whether or not to consider implementing term limits for City Council.   Motion by __________ second by __________ to ___________________________________   23) Request from Mayor Mike Spence for City Council to Discuss Taking a Formal Position Supporting AB 1971 (Santiago) Mental Health Services: Involuntary Detention: Gravely Disabled.   It is recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 1971 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken.   Motion by __________ second by __________ to ___________________________________   COUNCILMEMBER COREY WARSHAW   24) Request from Councilmember Warshaw for City Council to Discuss Initiating a Code Amendment to Consider Allowing Off-Site Advertising at the West Covina Auto Plaza   It is recommended that the City Council discuss initating a code amendment to consider allowing off-site advertising at the West Covina Auto Plaza.   Motion by __________ second by __________ to ___________________________________   Motion by __________ second by __________ to ___________________________________   COUNCILMAN TONY WU   25) Request from Councilman Tony Wu for City Council to Discuss Prioritizing Residents of West Covina During Oral Communications at City Council Meetings   It is recommended that the City Council discuss whether or not to direct the City Attorney to research the ability for City Council to prioritize residents of West Covina during the Oral Communications period at City Council Meetings.   Motion by __________ second by __________ to ___________________________________   CITY COUNCIL COMMENTS   ADJOURNMENT   Next Tentative City Council Meeting   Special Meeting 05/14/2018 6:30 PM    The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. The city council may establish a limit on the duration of oral communications. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state. Sec. 2-50. Decorum--Required. While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting. For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law: Addressing the Mayor and City Council without first being recognized. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. Repetitiously addressing the same subject. Failing to relinquish the podium when directed to do so. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional. Sec. 2-52. Persons authorized to be within council area. No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council. The following are excerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.   The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. The city council may establish a limit on the duration of oral communications. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state. Sec. 2-50. Decorum--Required. While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting. For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law: Addressing the Mayor and City Council without first being recognized. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. Repetitiously addressing the same subject. Failing to relinquish the podium when directed to do so. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional. Sec. 2-52. Persons authorized to be within council area. No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council. The following are excerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.