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05-18-2021 - City Council Regular Meeting AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY MAY 18, 2021, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Letty Lopez-Viado Mayor Pro Tern Dario Castellanos Councilwoman Rosario Diaz Councilmember Brian Tabatabai Councilman Tony Wu 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. Pursuant to the Executive Orders, Council Members may attend City Council meetings telephonically and the City Council is not required to make available a physical location from which members of the public may observe the meeting and offer public comment. On June 18, 2020, the California Department of Public Health issued guidance mandating that people in California wear cloth face coverings in specified circumstances, including when they are inside of, or in line to enter, any indoor public space. Due to the ongoing COVID-19 emergency and pursuant to State and County public health directives, the City Council Chambers will havel invited seating available on a first -come, first -served basis for members of the public to attend and participate in the City Council meeting in person. All persons attending the meeting are required to wear cloth face coverings and observe social distancing protocols. Members of the public may also watch City Council the meeting live on the City's website at:https://www.westcovina.ore/departments/city-clerk/asendas-and-meetines/current-meetines-and-asendas under the "Watch Live" tabor through the West Covina City YouTube channel atwww.westcovina.or /� 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 live via the links set forth above. REMOTE PUBLIC PARTICIPATION: In lieu of attending the meeting in person, members of the public can submit public comments via email or address the City Council by telephone using the methods described below. EMAILED PUBLIC COMMENT: Members of the public can submit public comments to the City Clerk via e-mail at City_Clerk@westeovina.org. The subject line should specify "Oral Communications — 5/18/2021" or "Public Hearing Item - 5/18/2021". Please include your full name and address in your e-mail. All emails received by 5:00 P.M. on the day of the Council meeting will be posted to the City's website under "Current Meetings and Agendas" and provided to the City Council prior to the meeting. No comments will be read out loud during the meeting. All comments received by the start of the meeting will be made part of the official public record of the meeting. TELEPHONIC ACCESSIBILITY. Members of the public that wish to address the Council by telephone during Oral Communications or a public hearing may contact the City Clerk by email City_Clerk@westcovina.org or by telephone (626) 939-8433 by 5:30 P.M. on the day of the Council meeting for instructions regarding addressing the City Council by telephone during the meeting. 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 detername 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.mg. 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 horns. 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 (Per WCMC 2-48, Ordinance No. 1150) 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 five (5) minutes per speaker. Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the and of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 18, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Chaplain Albert Aguilar from Emanate Health PLEDGE OF ALLEGIANCE Led by Mayor Lopez-Viado ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Certificates for Nogales High School 4.0 GPA Students (for I Ith and 12 graders) • Proclamation for Fibromyalgia Awareness Month • Proclamation for Lupus Awareness Month • Proclamation for Asian American and Pacific Islander Heritage Month ORAL COMMUNICATIONS - Five (5) minutes per sneaker 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 CounciUCommunity Development Commission request peck items to be removed from the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES MAY 4, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES MAY 4, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the May 4, 2021, Closed Session Meeting Minutes, and the May 4, 2021, Regular Session Meeting Minutes. ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 15-68 OF THE WEST COVINA MUNICIPAL CODE RELATING TO ADMINISTRATIVE FINES FOR FIREWORKS -RELATED VIOLATIONS It is recommended that the City Council conduct the second reading and adopt the following ordinance: ORDINANCE NO. 2481- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SUBSECTIONS (B) AND (C) OF SECTION 15-68 (ADMINISTRATIVE FINES) OF ARTICLE III (FIREWORKS) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL CODE CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2482 - ZONE CHANGE NO.20-02, ADOPTING THE WALNUT GROVE SPECIFIC PLAN (SP-30) It is recommended that the City Council adopt the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.20-02 AND ADOPTING THE WALNUT GROVE SPECIFIC PLAN (SP-30) CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2483 - AMENDING THE DOWNTOWN PLAN AND CODE It is recommended that the City Council adopt the following Ordinance: ORDINANCE NO.2483 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE DOWNTOWN PLAN AND CODE CONSIDERATION OF ORDINANCE NO.2484 TO ESTABLISH A PUBLIC HEALTH DEPARTMENT It is recommended that the City Council adopt the following ordinance: ORDINANCE NO.2484 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING ARTICLE I (IN GENERAL) OF CHAPTER 13 (HEALTH AND SANITATION) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH A PUBLIC HEALTH DEPARTMENT CITY MANAGER'S OFFICE CONSIDERATION OF AGREEEMENTS WITH PEERLESS NETWORK AND ACC BUSINESS FOR VOIP PHONE DATA SERVICE It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute an agreement with Peerless Network Services for Voice-Over-Intemet Phone Direct Inward Dialing (DID) and Enhanced 911 for 36 months with a monthly cost of $1,265. 2. Authorize the City Manager to negotiate and execute an agreement with ACC Business for Voice-Over-Intemet Access Bandwidth Service for 36 months with a monthly cost of $984. COMMUNITY DEVELOPMENT CONSIDERATION OF WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.1 SETTING OF FISCAL YEAR 2021-22 ASSESSMENT RATE It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA SETTING THE ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR THE FISCAL YEAR BEGINNING JULY 19 2021 CONSIDERATION OF WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.2 SETTING OF FISCAL YEAR 2021-22 ASSESSMENT RATE It is recommended that the City Council adopt the following resolution, which provides for the assessment rate to be maintained at the current rate of 6.60 cents per 100 dollars of assessed valuation. RESOLUTION NO.2021-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA SETTING THE ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.2 FOR THE FISCAL YEAR BEGINNING JULY 1, 2021 CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO.4 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions: 1. Adopt the following resolution: RESOLUTION NO. 2021-41— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2021-22 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO.4 2. Following adoption of Resolution No. 2020-41, adopt the following resolution: RESOLUTION NO. 2021-42 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO.4, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2021-22 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 10) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 6 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions: 1. Adopt the following resolution: RESOLUTION NO. 2021-43 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 6 2. Following adoption of Resolution No. 2021-43, adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2021-22 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 11) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 7 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions: 1. Adopt the following resolution: RESOLUTION NO.2021-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2021-22 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 7 2. Following the adoption of Resolution No. 2021-45, adopt the following resolution: RESOLUTION NO. 2021-46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2021-22 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS FINANCE DEPARTMENT 12) THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2020-21 It is recommended that the City Council take the following actions: 1. Receive and file the Third Quarter Financial Report for Fiscal Year 2020-21; and 2. Adopt the following resolution: RESOLUTION NO.2021-54 - 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 NNE 30, 2021 (THIRD QUARTER FINANCIAL REPORT) FIRE DEPARTMENT 13) CONSIDERATION OF FIRE STATION PRE -ALERTING SYSTEM It is recommended that the City Council take the following actions: 1. Approve a purchase order to US Digital Designs, Inc. and Bergelectric, Inc. totaling $167,442 (including sales tax, delivery, installation, and warranty) for the purchase of a fire station pre -alerting system (based upon the pricing set forth in Attachment No. 1); and 2. Appropriate $167,442 from the Fire Facilities Development Impact Fund 165 and the General Fund Balance to Account No. 160.80.7003.7900: and 3. Approve the following resolution: RESOLUTION NO. 2021-51-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 NNE 30, 2021 (US DIGITAL DESIGNS, INC.) 14) CONSIDERATION OF 2019 ASSISTANCE TO FIREFIGHTERS GRANT It is recommended that the City Council take the following actions: 1. Accept and appropriate the reimbursable 2019 Assistance to Firefighters Grant (AFG) totaling $131,700.00 in expenditures and revenues, and authorize the City Manager to execute all related agreements; and 2. In accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(b) and Sec. 2-333(i)(1), and the findings of the West Covina Finance Department, find that the Stryker Sole source letters satisfies West Covina's bidding process, and authorize the purchase of a total of two (2) Stryker Power cot Power Lift Systems and three (3) Lucas Automatic Chest Compression Device (ACCD), directly from Stryker, for a total of $131,585.48, from account 139.32.3210.7160; and 3. Adopt the attached resolution authorizing the necessary budget amendment: RESOLUTION NO.2021-55 - 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 k2019 ASSISTANCE TO FIREFIGHTERS GRANT) HUMAN RESOURCES/RISK MANAGEMENT 15) CONSIDERATION OF RESOLUTION REPEALING AND REPLACING THE SALARY SCHEDULE FOR FULL-TIME CLASSIFICATIONS FOR THE CITY OF WEST COVINA It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING THE SALARY SCHEDULE FOR FULL-TIME CLASSIFICATIONS OF THE CITY OF WEST COVINA 16) CONSIDERATION OF PROPOSED APPOINTMENT FOR ASSISTANT CITY MANAGER It is recommended that the City Council approve the proposed appointment of Paulina Morales to the position of Assistant City Manager. PUBLIC SERVICES 17) CONSIDERATION OF AGREEMENT FOR JANITORIAL SERVICES FOR CITY BUILDINGS AND FACILITIES It is staffs recommendation that the City Council: 1. Authorize the City Manager to negotiate and execute an agreement with United Maintenance Systems, Inc. to provide janitorial services for City buildings and facilities, with a maximum compensation amount of $1,218,000 ($243,600 annually), for an initial term of three (3) years, with the option to extend the tern for up to two (2) one (1) year periods; and 2. Authorize the City Manager to approve the extensions to the Agreement. DEPARTMENTAL REGULAR MATTERS COMMUNITY DEVELOPMENT 18) CONSIDERATION OF WEST COVINA CITYWIDE SEWER SERVICE CHARGE SETTING A PUBLIC HEARING DATE ON THE METHOD OF COLLECTION AND FEE INCREASE It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR FISCAL YEAR 2021-22 AND SETTING JUNE 15, 2021 FOR A PUBLIC HEARING REGARDING THE CHARGES TO BE SO COLLECTED 19) CONSIDERATION OF RENEWAL OF THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions: 1. Adopt the following resolutions: RESOLUTION NO. 2021-48 — 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 THF, CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 RESOLUTION NO.2021-50 — 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 15, 2021 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2021-2022 TO FUND THE OPERATION AND MAINTENANCE OF STREETLIGHTS AND STREET TREES WITHIN THE DISTRICT FINANCE DEPARTMENT 20) PRELIMINARY FISCAL YEAR 2021-22 BUDGET It is recommended that the City Council: 1) Receive and file the Preliminary Fiscal Year (FY) 2021-22 Operating and Capital Improvement Program Budget (Attachment No. 1); and 2) Direct that the budget be publicly disseminated, including at a community budget workshop on May 19, 2021; and 3) Schedule it for consideration at the June 15, 2021 City Council meeting. MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport or file a written report on any meeting/event/conference attended at City expense) 21) REQUEST FOR CONSIDERATION FROM MAYOR LOPEZ-VIADO REQUESTING FOR STAFF TO DEVELOP A PROGRAM PREVENTING CRIME THROUGH ENVIRONMENTAL DESIGN PROGRAM It is recommended that the City Council provide direction to staff. 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/SuccessorAgency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting June 1, 2021 7:00 PM 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 swom. 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 co rr cilmember except through the presiding officer. d 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. 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 wamed 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. I. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staffmember, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any mles 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 pemtitied within the mil in front of the council chamber without the express consent of the council. The following ore 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 (S 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.