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07-21-2020 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY JULY 21, 2020, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tern Letty Lopez-Viado Councilman Dario Castellanos Councilman Lloyd Johnson Councilmember Jessica C. Shewmaker On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20, suspending certain requirements of the Brown Act relating to the conduct of public meetings. On June 11, 2020, the Los Angeles County Public Health Officer issued a revised Health Officer Order directing, among other things, that all persons living within the Los Angeles County Public Health Jurisdiction remain in their residences whenever practicable. Pursuant to the Order, people leaving their residences must strictly comply with specified social (physical) distancing protocols. Due to the ongoing COVID-19 emergency and pursuant to State and County public health directives, the City Council Chambers will have limited seating available on a first -come, first -served basis for members of the public to attend the City Council meeting in person. All persons attending the meeting shall wear cloth face coverings and shall observe social distancing protocols. Members of the public may also watch City Council meetings live through the West Covina Website at https://www.westcovina.org/departments/city-clerk/agendas-and-meetings/current-meetings-and-agendas or the West Covina City YouTube channel at www.westcovina.org/LIVE. If you are experiencing symptoms such as fever or chills, cough, shortness of breath or difficulty breathing, fatigue, or sore throat, the City requests that you participate in the meeting from home by watching the meeting via the West Covina Website at https://www.westcovina.org/departments/city-clerk/agendas-and-meetings/current-meetings-and-agendas or the City's YouTube channel (//www.westcovina.org/LIVE) and/or providing public comments by email or telephone. If you are in the group of individuals who are at high -risk for severe illness from COVID-19, including those over the age of 65 and those with underlying health conditions, please consider participating in the meeting from home. In lieu of attending the meeting in person, members of the public can submit public comments to the City Clerk at City Clerk(o)westcovina.org The subject line should specify either "Oral Communications — 7/21/2020" or "Public Hearing Item # [XI — 7/21/2020". Please include your full name and address in your e-mail. The City Clerk will read emails received by 6:30 P.M. the day of the meeting out loud into the public record. All comments received will be made part of the official public record of the meeting. If you wish to address the Council by telephone during Oral Communications or a public hearing, you may contact the City Clerk by email City Clerk(a)westcovina.org or by telephone (626) 939-8433 by 6:30 P.M. on the day of the meeting to advise the City Clerk that you would like to address the Council during Oral Communications or a public hearing. Please be advised that members of the public will only receive one opportunity to address the Council during Oral Communications or a public hearing — either in person, via email, or by telephone. 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. PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk. Please identify on the speaker card whether you are speaking on an agenda item or non -agenda. Requests to speak on agenda items will be heard prior to requests to speak on non -agenda items. All comments are limited to rive (5) minutes per speaker. Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. RULES OFDECORUM 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 TUESDAY DULY 21, 2020, 7:00 PM REGULAR MEETING INVOCATION Led by Reverend Mason Okubo from Immanuel First Lutheran Church. PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Lopez-Viado ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Proclamation - Parks Make Life Better Month • Donations - Adopt a Senior Program - Suburban Water Systems • 4th of July Enforcement - Chief Bell and Chief Capelle 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. CITY MANAGER'S REPORT City Manager's report on current City projects. 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 JUNE 23, 2020 CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES JUNE 23, 2020 CITY COUNCIL/SUCCESSOR AGENCY SPECIAL REGULAR SESSION MEETING MINUTES JULY 7, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES JULY 79 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the June 23, 2020, Special Closed and Regular Session Meeting Minutes, and the July 7, 2020, Closed and Regular Session Meeting Minutes. CITY MANAGER'S OFFICE CONSIDERATION OF RESOLUTION NO.2020-85 EXTENDING THE LOCAL EMERGENCY DECLARATION It is recommended that the City Council adopt Resolution No. 2020-85 as follows: RESOLUTION NO. 2020-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020 AND PREVIOUSLY CONTINUED ON APRIL 7, 20209 MAY 59 20209 JUNE 29 2020 AND JUNE 239 2020 COMMUNITY DEVELOPMENT CONSIDERATION OF FIRST AMENDMENTS TO THE AGREEMENT OF PURCHASE AND SALE, AND RIGHT OF ACCESS AND ENTRY AGREEMENT WTH SINGPOLI BD CAPITAL GROUP, LLC FOR DEVELOPMENT OF THE FORMER BKK LANDFILL It is recommended that the City Council authorize the City Manager to negotiate and execute the First Amendment to the Agreement of Purchase and Sale and Joint Escrow Instructions (dated August 1, 2019) and the First Amendment to the Right of Access and Entry Agreement (dated July 16, 2019) with Singpoli BD Capital Group, LLC (Singpoli) through October 31, 2020 for the development of the former BKK Landfill (APN Nos: 8735-001-919, 8735-001-920, 8735-001-921, 8735-001-931, 8735-002-906, 8735-002-909, and 8735-002-910; and Lease of APN 8735-022-018). CONSIDERATION OF APPROVAL OF THE TRAFFIC COMMITTEE MEETING MINUTES AND TRAFFIC COMMITTEE RECOMMENDATIONS FROM THE JUNE 9, 2020 TRAFFIC COMMITTEE MEETING It is recommended that the City Council approve the Traffic Committee Meeting Minutes and Traffic Committee recommendations from the June 9, 2020 Traffic Committee Meeting for the following item: Traffic Review for the Signalized intersection of Lark Ellen Avenue and Badillo Street Request: As part of the 2011 Metro Call for Projects, the County of Los Angeles Department of Public Works ("County") was awarded a grant for the Traffic Signal Synchronization Project (TSSP) and Bus Signal Priority (BSP) Project within the corridor of Ramona Boulevard, Badillo Street, and Covina Boulevard in the Cities of West Covina, Baldwin Park, Covina, El Monte, Irwindale, and San Dimas. The purpose of the project is to synchronize traffic signals along the corridor between Santa Anita Avenue and the 57 Freeway and implement BSP between Tyler Avenue and Citrus Avenue. The County is initiating improvement recommendations and communications design for the project. The project includes the intersections of Badillo Street/Vincent Avenue, Badillo Street/Lark Ellen Avenue, and Badillo Street/Azusa Avenue. All these intersections are shared by the City of Covina. The City of West Covina reviewed the potential for installing a protected left turn phasing at the Lark Ellen Avenue and Badillo Street intersection as part of the improvements for the project. Traffic Engineering Staff presented a traffic memo summarizing the conditions justifying the installation of protected left turn phasing. Installation of protected left turn phasing will improve safety for pedestrians, reduce the potential for turning collisions, and improve line of sight for turning vehicles. Review Standard: The installation of all traffic control devices on public streets is guided by the California Manual on Uniform Traffic Control Devices (CAMUTCD), the California Vehicle Code (CVC), and engineering judgement. The CAMUTCD Section 4D.19 provides guidance and warrants on where protected left turn phasing could be installed. Conformity to standards approved by Caltrans or by the Design Manual or other legislative bodies of work provides the engineer as well as the City with the reasonableness of traffic control measures which conform to standards of design and safety. Installation can be based on volume, or improved safety for pedestrians or vehicles. This intersection did meet the recommended guidance for left turn phasing. Recommendation: It was unanimously recommended to coordinate with the County to request if this project could be added as part of the County's Traffic Signal Synchronization Project (TSSP) and Bus Signal Priority (BSP) Project awarded to the County of Los Angeles Department of Public Works from the 2011 Metro Call for Projects grant. If it cannot be added to that the project, then the City may consider this project as part of a future West Covina CIP project or part of a future grant project when funds become available. The County will be providing their recommendations to the City of West Covina for all intersections along the Badillo Corridor that can be included as part of the Traffic Signal Synchronization Project (TSSP) and Bus Signal Priority (BSP) Project awarded to it from the 2011 Metro Call for Projects grant. 5) CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF WEST COVINA AND WALNUT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT LA PUENTE ROAD AND FORECASTLE AVENUE It is recommended that the City Council authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the City of Walnut for the installation of a Traffic Signal at La Puente Road and Forecastle Avenue (Attachment No. 1) and authorize the City Manager to execute amendments to the MOU with a 15% contingency, if necessary. HUMAN RESOURCES/RISK MANAGEMENT 6) CONSIDERATION OF RESOLUTION ADOPTING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE WEST COVINA POLICE OFFICERS' ASSOCIATION (WCPOA) That the City Council adopt the following Resolution: RESOLUTION NO. 2020-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION (WCPOA) 7) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION REPRESENTED BY TEAMSTERS LOCAL 1932 UNION 8) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 9) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION (WCPMA) 10) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA) 11) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION (WCGEA) 12) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA) It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA) 13) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION (WCMMEA) 14) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIRE MANAGEMENT EMPLOYEES' ASSOCIATION (WCFMA) It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIRE MANAGEMENT ASSOCIATION (WCFMA) 15) CONSIDERATION OF AMENDMENT NUMBER ONE TO CITY OF WEST COVINA CITY MANAGER EMPLOYMENT AGREEMENT WITH DAVID CARMANY It is recommended that the City Council adopt the following Amendment: AMENDMENT NUMBER ONE TO CITY OF WEST COVINA CITY MANAGER EMPLOYMENT AGREEMENT WITH DAVID CARMANY. 16) CONSIDERATION OF GOVERNMENT TORT CLAIMS It is recommended that the City Council deny the following Government Tort Claims and the claimants to be notified: 1. Geovanny Medina vs. City of West Covina POLICE DEPARTMENT 17) CONSIDERATION OF 2018 STATE HOMELAND SECURITY GRANT FOR PURCHASE OF POLICE RADIOS It is recommended that the City Council take the following actions: 1. Accept and appropriate the reimbursable 2018 State Homeland Security Program grant totaling $70,199 in expenditures and revenues, and authorize the City Manager to execute all related agreements, in a form approved by the City Attorney; and 2. Authorize the purchase of a total of (nine) 9 APX radios with accessories, directly from Motorola Solutions, for a total of $69,936.19, from account 218.31.3111.7160. 3. Adopt the following resolution authorizing the necessary budget amendment: RESOLUTION NO. 2020-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021 (2018 STATE HOMELAND SECURITY GRANT) 18) CONSIDERATION OF ASSET FORFEITURE FOR POLICE EQUIPMENT AND SERVICES It is recommended that the City Council take the following actions: 1. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in connection with the procurement of specialized services relating to the West Covina Service Group's Computer Aided Dispatch and Records Management System (CAD-RMS), in accordance with the requirements of Section 2-330(b) of the West Covina Municipal Code; and 2. Authorize the City Manager to negotiate and execute an agreement, in an amount up to $495,000, for a term of two years, with Scientia Consulting Group, subject to City Attorney approval, for continued services related to the West Covina Service Group CAD-RMS operations, from Account No. 117.31.3119.6120; and 3. Adopt the following resolution authorizing the necessary budget amendments: RESOLUTION NO. 2020-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 20209 AND ENDING JUNE 309 2021 (ASSET FORFEITURE FUNDS FOR POLICE EQUIPMENT AND SERVICES) PUBLIC SERVICES 19) CONSIDERATION OF AGREEMENT FOR BUS SHELTER MAINTENANCE It is recommended that the City Council take the following actions: 1. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in connection with the procurement of bus shelter maintenance services, in accordance with the requirements of Section 2-330(b) of the West Covina Municipal Code and Section 19404 of the California Welfare and Institutions Code. 2. Authorize the City Manager to negotiate and execute an agreement with Valley Light Industries, for an initial term of three (3) years, with two (2) optional one (1) year extensions, in an amount not -to -exceed $72,956 annually, for the weekly cleaning of City -owned bus shelters, in a form approved by the City Attorney; and 3. Authorize the City Manager to exercise the extension options. 20) CONSIDERATION OF AN AGREEMENT WITH UNION STATION HOMELESS SERVICES, FOR IMPLEMENTATION OF CITY HOMELESS PLAN GRANT It is recommended that the City Council take the following actions: 1. Approve the agreement with Union Station to provide homeless services and authorize the City Manager to negotiate and execute the agreement; and 2. Approve the following Resolution: RESOLUTION NO. 2020-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 309 2021 (UNION STATION HOMELESS SERVICES - VOUCHERS) END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 21) PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 20-01 FOR FILM PERMIT STANDARDS It is recommended that the City Council approve Code Amendment No. 20-01 by: 1. Conducting a public hearing regarding Code Amendment No. 20-01; and 2. Introducing for first reading, by title only, further reading waived, the following ordinance: ORDINANCE NO. 2471 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-01, RELATED TO FILM PERMIT STANDARDS DEPARTMENTAL REGULAR MATTERS POLICE DEPARTMENT 22) POLICE DEPARTMENT UPDATE It is recommended that the City Council receive and file this informational report. MAYOR/COUNCILMEMBERS REPORTS AB 1234 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/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting August 14, 2020 7:00 PM 11 RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. a. 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. b. The city council may establish a limit on the duration of oral communications. C. 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. d. The presiding officer may require any person to be swom 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. a, 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. b. 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: a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. C. Repetitiously addressing the same subject. d. Failing to relinquish the podium when directed to do so. e. 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. f 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 countyjail 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.