Covina City Council
June 17, 2025

overtime pay rate shall be time and a half (x1.5) at the top step of the Public Safety Dispatch classification inclusive of all extra pays currently received by the Dispatch Supervisor, plus an additional five percent (5%).

Effective upon City Council approval, when the Dispatch Supervisor is required to perform the duties of a Public Safety Dispatcher, he/she may be eligible to receive double overtime pay for actual hours worked in this capacity. Double overtime pay will be available only for any actual hours worked in excess of twenty-four (24) hours of regular overtime during any pay period. The overtime pay rate shall be double time (x2) at the top step of the Public Safety Dispatcher classification inclusive of all extra pays currently received by the Dispatch Supervisor. For example, if the employee works 30 hours of overtime in a pay period, 24 hours will be paid at time and a half (x1.5) and 6 hours will be paid at double time (x2). The parties agree this provision for double overtime pay will expire as of December 31, 2025 and will not be provided going forward.

All other terms of the PSC MOU remain in effect for the term of the MOU.

This side letter shall become effective the first full pay period following, and only upon, City Council approval.

FOR THE CITY OF COVINA
Chris Marcarello Date
City Manager

FOR THE POLICE SUPERVISORS OF COVINA
Ray Marquez Date
Police Sergeant
Michael Colburn Date
Police Sergeant

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: June 17, 2025
Title: Resolutions Relating to the Annexation of Territory to CFD 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for August 5, 2025 (342 N. Hollenbeck Avenue, Covina//Annexation 39) Presented by: Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Alana Mantilla, Economic Development Manager
Recommendation: 1. Adopt City Resolution CC 2025-69, declaring intention to authorize the annexation of territory to Community Facilities District (CFD) No. 2007-1 (Public Services); and

2. Adopt City Resolution CC 2025-70, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).

EXECUTIVE SUMMARY:

On June 5, 2007, the City Council held a public hearing and formed Community Facilities District (CFD) 2007- 1 (Public Services). Pursuant to the Conditions of Approval for development of one (1) single-family residence at 342 N. Hollenbeck Avenue, the builder agreed to annex to the CFD, or to pay an in-lieu fee based on the financial impact on Police, Fire, Emergency and Parks services. The builder has opted to annex into the CFD.

Under the CFD, in Fiscal Year 2025-2026, any new multi-family residential units are charged $889.46 per unit per year for the following services: police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each parcel. The Special Tax authorized by the CFD shall be levied on all parcels for which building permits were issued on or before May 1 of the preceding fiscal year.

This program has been conceived with the intention that all future residential development, which results in a net increase of residential units, will annex to the CFD or pay an equivalent mitigation fee. Residential units constructed prior to formation of the CFD are not subject to the Special Tax.

DISCUSSION:

Resolutions that notice the intent of the City to annex property to the CFD, identify the boundaries of the proposed annexation, identify the types of services to be funded by the CFD, and notice that a public hearing will be held on August 5, 2025, where the City Council will consider the proposed annexation, are pursuant to the Conditions of Approval for the development of one (1) new single-family residence at 342 N. Hollenbeck Avenue, Covina, California. The Assessor’s Parcel Number (APN) is 8431-020-006.

The purpose of the CFD is to finance the aforementioned public safety and park services that are in addition to those currently provided for the territory within the District. In Fiscal Year 2025-2026, the estimated amount for these services for one (1) additional single-family residence is $889.46.

FISCAL IMPACT:

There is one (1) single-family residence in the proposed annexation area, of which one (1) is subject to the special tax. The “Special Tax” authorized by the proposed annexation to Community Facilities District 2007-1 (the “CFD”) will generate an estimate of $889.46 annually based on Fiscal Year 2025-2026 special tax rates and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following services:

police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b) (2) and (3) and does not constitute a project.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2025-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE

ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), at this time desires to authorize the annexation of territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”) pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, CFD No. 2007-1 was formed to finance new police services, fire protection and suppression services, paramedic services, and park maintenance and other public services in addition to those provided in or required for the territory within CFD No. 2007-1 and will not be replacing services already available; and
WHEREAS, certain territory is proposed to be annexed to CFD No. 2007-1 and such territory shall be known and designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 39 (“Annexation No. 39”).

WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 39 into CFD No. 2007-1, to describe the territory proposed to be annexed, Annexation No. 39, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 39, to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 39 into CFD No. 2007-1; and WHEREAS, a map showing the boundaries of Annexation No. 39 proposed to be annexed has been submitted, and a copy of the map shall be kept on file with the transcript of these proceedings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Authorization. The proceedings for annexing Annexation No. 39 into CFD No. 2007-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act.

SECTION 3. Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 39 be added to CFD No. 2007-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No. 39

Resolution CC 2025-69 Page 2 of 5
to CFD No. 2007-1.

SECTION 4. Boundaries. A general description of the boundaries of Annexation No. 39 proposed to be annexed is as follows:

All that territory proposed to be annexed to CFD No. 2007-1, as such property is shown on a map designated as “Annexation Map No. 39 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California,” attached hereto as Exhibit “A” and hereby incorporated by reference.

Existing territory includes the following:

CFD General description of existing territory
Original area 1009 N. Citrus
Annexation #1 228 W. Center Street
Annexation #2 Vintage Walk 2
Annexation #3 451 E. Badillo
Annexation #4 1256 W. McGill Street
Annexation #5 Citrus Walk
Annexation #6 276 W. Dexter Street
Annexation #7 166 E. Center Street
Annexation #8 269-275 W. Center Street
Annexation #9 425 Center Street
Annexation #10 800 N. Banna Avenue
Annexation #11 735 Orange Circle
Annexation #12 308 S. Barranca Avenue
Annexation #13 1732 E. Ruddock Street
Annexation #14 1162 N. Citrus Avenue
Annexation #15 172 E. Center Street
Annexation #16 437 W. Center Street
Annexation #17 139 E. Puente Street
Annexation #18 310 W. Edna Place
Annexation #19 400 block of North Citrus Avenue
Annexation #20 245 E. Puente Street
Annexation #21 135 W. Center Street
Annexation #22 129-137 W. Orange Street
Annexation #23 155 E. San Bernardino Road
Annexation #24 449 S. Barranca Avenue
Annexation #25 546 N. Lark Ellen Avenue
Annexation #26 143 W. Center Street
Annexation #27 135 E. Badillo Street
Annexation #28 1060 W. San Bernardino Road, 1103 W. Badillo Street and 1111 W. Badillo Street
Annexation #29 707 N. Barranca Avenue
Annexation #30 342 S. Fourth Avenue
Annexation #31 316 S. Barranca Avenue

Resolution CC 2025-69 Page 3 of 5
Annexation #32 155 E. Covina Boulevard
Annexation #33 671 E. Puente Street
Annexation #34 837 N. Sunflower Avenue
Annexation #35 747 N. Barranca Avenue
Annexation #36 831 W Cypress Street
Annexation #37 270 W. Dexter Street
Annexation #38 1207 W. Badillo Street (Annexation in process) Annexation #39 342 N. Hollenbeck Avenue (Annexation in process) SECTION 5. Name of District. The name of the district is “City of Covina Community Facilities District No. 2007-1 (Public Services)” and the designation for the territory to be annexed shall be “City of Covina Community Facilities District No. 2007-1 (Public Services), Annexation No. 39.”
SECTION 6. Services Authorized to be Financed by CFD No. 2007-1, Annexation No. 39.

The services that are authorized to be financed by CFD No. 2007-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2007-1 and Annexation No. 39 and will not be replacing services already available. A general description of the services to be financed by CFD No. 2007-1 and Annexation No. 39 is as follows:

PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2007-1 and Annexation No. 39. The Special Tax provides only partial funding for Public Services.

The same types of services which are authorized to be financed by CFD No. 2007-1 are the types of services to be provided in Annexation No. 39. If, and to the extent possible, such services shall be provided in common within CFD No. 2007-1 and Annexation No. 39.

SECTION 7. Special Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2007-1 and Annexation No. 39, and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 39, will be levied annually within the boundaries of such Annexation No. 39. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “B” (the “First Amended Rate and Method of Apportionment”), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 39 to clearly estimate the maximum amount that such person will have to pay.

The special tax proposed to be levied within Annexation No. 39 for services to be supplied

Resolution CC 2025-69 Page 4 of 5
within Annexation No. 39 shall be equal to the special tax levied to pay for the same services in CFD No. 2007-1, to the extent that the actual cost of providing the services in Annexation No. 39 is equivalent to the cost of providing those services in CFD No. 2007-1. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher than the maximum special tax authorized to be levied pursuant to the First Amended Rate and Method of Apportionment.

The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City Treasurer.

The maximum special tax rate in CFD No. 2007-1 shall not be increased as a result of the annexation of Annexation No. 39 to CFD No. 2007-1.

SECTION 8. Public Hearing. Notice is given that on the 5 th day of August, 2025, at the
hour of 7:30 p.m., in the regular meeting place of the City Council being the Covina City Hall located at 125 E. College Street Covina, CA 91723, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 39 to CFD No. 2007-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 39 and all other matters as set forth in this Resolution of Intention.

At such public hearing, the testimony of all interested persons for or against the annexation of Annexation No. 39 or the levying of special taxes within Annexation No. 39 will be heard.

At such public hearing, protests against the proposed annexation of Annexation No. 39, the levy of special taxes within Annexation No. 39 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing.

SECTION 9. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2007-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 39, (c) owners of one-half or more of the area of land in the territory included in CFD 2007-1, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 39, file written protests against the proposed annexation of Annexation No. 39 to CFD No. 2007-1 and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the annexation of Annexation No. 39 to CFD 2007-1.

SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in a legally designated newspaper of general circulation, in the territory of Annexation No. 39 and CFD 2007-1 pursuant to Section 6061 of the Government Code. Said publication shall be completed at least seven (7) days prior to the date set for the public hearing and

Resolution CC 2025-69 Page 5 of 5
shall contain the information prescribed in Section 53322 of the Act.

SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 17th day of June, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-69 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 17th day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Exhibit A

EXHIBIT A TO RESOLUTION

ANNEXATION MAP

Exhibit B

EXHIBIT B TO RESOLUTION

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

Exhibit B

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1.
“Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement.
“Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.

Exhibit B
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts. “Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax.
“CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area. “County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F. “Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Exhibit B
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June

30. “Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as Multi-Family Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property.
“Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

Exhibit B
“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, MultiFamily Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

Exhibit B
E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

ATTACHMENT B
RESOLUTION CC 2025-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY

PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2007-1; and
WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2007-1, said area to be designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 39 (hereafter referred to as “Annexation No. 39”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 39 to be subject to the levy of a special tax upon the annexation of such territory to CFD No. 2007-1 is hereby approved and adopted. Such map is designated by the name of “Annexation Map No. 39 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California.”
SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 39, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution of Intention fixing the time and place of the Public Hearing to annex Annexation No. 39 to CFD No. 2007-1, a copy of said map shall be filed with the correct and proper endorsements thereon with the Los Angeles County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

SECTION 4. The City Clerk shall certify the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 17th day of June, 2025.

Resolution CC 2025-70 Page 2 of 2
City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-70 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 17th day of June, 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 19
Meeting: June 17, 2025
Title: Increase FY 2024-25 Workers’ Compensation Fund Appropriations Presented by: Joanna Espinosa, Human Resources Manager
Recommendation: Adopt Resolution CC 2025-73 Increasing Workers’ Compensation Fund Fiscal Year 2024- 25 Budgeted Appropriations by $175,000.

EXECUTIVE SUMMARY:

The City has an established internal service fund to pay for workers’ compensation expenditures. The Workers’ Compensation Fund receives revenue from each City department based on a formulaic calculation. Through the budget process, estimated expenditures are appropriated through historical analysis and anticipated needs. A current review of the Fund’s reserve shows that it is stable, with approximately one and a half times annual operating expenses to appropriately fund workers’ compensation needs. As such, it is recommended that the City Council increase budgeted appropriations in the Workers’ Compensation Fund, as the City has experienced unanticipated increased expenditures in Fiscal Year 2024-25 resulting from an increase in claims involving extended medical treatments and legal expenses.

DISCUSSION:

Over the past year, the City has experienced an unexpected increase in workers’ compensation claims, particularly those requiring extensive medical intervention. These claims have resulted in additional expenditures, including medical costs associated with multiple surgeries and therapy treatments, temporary disability benefits, legal, and administrative expenses related to claim processing and resolution. The proposed budget appropriation will ensure that the Fund continues to meet related obligations.

It is recommended that the City Council approve a $175,000 appropriation from the Workers’ Compensation Fund balance as a result of the increased expenditures for Fiscal Year 2024-25.

FISCAL IMPACT:

This appropriation from Workers’ Compensation Fund fund balance would increase Fiscal Year 2024-25 budgeted expenditures as follows:

The Workers’ Compensation Fund has adequate fund balance for this appropriation.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Account Number Account Title
Original
2024-25
Budget Increase
Revised
2024-25
Budget
73600860-51260 Workers Compensation Legal $65,000 $ 30,000 $95,000 73600860-51330 Medical Fees $440,000 $145,000 $585,000

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2025-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO APPROPRIATE $175,000 OF THE WORKERS’

COMPENSATION FUND FUND BALANCE INCREASING BUDGETED
EXPENSES FOR FISCAL YEAR 2024-25
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council; and
WHEREAS, in Fiscal Year 2024-25 the City of Covina has experienced a higher than usual amount of expenditures related to workers’ compensation claims; and WHEREAS, appropriating this amount will increase Fiscal Year 2024-25 budgeted expenditures in the Workers’ Compensation Fund by $175,000 to ensure adequate appropriations exist to meet the increased needs.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Amend the fiscal year 2024-2025 Workers’ Compensation budget as follows:

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 17th day of June, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
Account Number Account Title
Original
2024-25
Budget Increase
Revised
2024-25
Budget
73600860-51260 Workers Compensation Legal $65,000 $ 30,000 $95,000 73600860-51330 Medical Fees $440,000 $145,000 $585,000

Resolution CC 2025-73 Page 2 of 2
ATTEST:
_____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-73 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 17th day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 20
Meeting: June 17, 2025
Title: Approval of First Amendment to the Professional Services Agreement (PSA) between the City of Covina and Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Ocean Blue Environmental Services, Inc for Hazardous Waste Disposal Services, extending the contract two additional fiscal years between July 1, 2025 through June 30, 2027; and2. Authorize a CPI increase of $4,000 per fiscal year for a new not-to-exceed amount of $54,000 per fiscal year. 3. Adopt Resolution CC 2025-68, appropriating $4,000 from Environmental Services Fund – Fund Balance for use towards the PSA for Hazardous Waste Disposal Services.

EXECUTIVE SUMMARY:

The City of Covina utilizes Ocean Blue Environmental Services, Inc. (Ocean Blue) to provide Hazardous Waste Disposal Services on a quarterly basis in order to comply with state and federal regulations. The Department of Public Works manages the Professional Services Agreement (PSA) with Ocean Blue and is requesting a Second Amendment to the existing PSA that will extend their current agreement two (2) additional fiscal years from July 1, 2025, to June 30, 2027, and also authorize a CPI increase of $4,000 per fiscal year for a new not-to-exceed amount of $54,000 per fiscal year.

BACKGROUND:

The City of Covina has four sources of hazardous waste that must be identified, labeled, collected, transported, and disposed of in accordance with all applicable state and federal laws. The sources of hazardous waste include:
 Abandoned hazardous waste discovered in the public right-of-way  Hazardous waste generated through daily operations by the City  Accidental spills or discharges in the public right-of-way or on City-owned property that require emergency response and remediation; and
 Biological and hazardous waste discovered as a result of homeless encampment cleanup DISCUSSION:

On March 12, 2022, the City entered into a “Piggyback” opportunity that complied with the City’s purchasing code (CMC Sections 2.20.100 through 2.20.160) to lock in rates of a previously negotiated contract between Ocean Blue and the City of Long Beach/Port of Long Beach. By doing so, the City was able to benefit from already formally bid negotiated rates for hazardous waste disposal services during the period of July 1, 2022, to June 30, 2025. In an effort to extend the existing agreement, the City and Ocean Blue have entered into negotiations for a Consumer Price Index (CPI) increase and have agreed to a $4,000 per year increment for a new not-to-exceed amount total of $54,000 per year. This CPI increase amounts to approximately 8%, which is lower than the CPI Index Calculator for Los Angeles – Anaheim during March 2022 through January 2025 of 10.1%.

City staff is pleased with the service level provided by Ocean Blue and is recommending that the term of Ocean Blue’s PSA be extended via a First Amendment with the City for two (2) additional fiscal years from July 1, 2025 through June 30, 2027, for a new not-to-exceed cost of $54,000 per fiscal year.

FISCAL IMPACT:

A First Amendment with Ocean Blue will extend the total contract term of the agreement two additional fiscal years from July 1, 2025, through June 30, 2027, and increase the total compensation per fiscal year to a not-toexceed amount of $54,000. Resolution CC 2025-68 will appropriate the additional $4,000 to the already budgeted $50,000 in Fiscal Year 2025-2026 for a total amount of $54,000 in the Environmental Services Budget account number (6200-5580-52140). Appropriate funding will be included in the Fiscal Year 2026-2027 Budget for the last year of the PSA during that year’s annual budget process.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF COVINA AND

OCEAN BLUE ENVIRONMENTAL SERVICES, INC FOR HAZARDOUS WASTE

DISPOSAL SERVICES
THIS FIRSTAMENDMENT is made and entered into as of July 1, 2025 by and between the City of Covina, a California municipal corporation (hereinafter referred to as “City”), and Ocean Blue Environmental Services, Inc, a California Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This FIRST Amendment is made with the respect to the following facts and purposes:
a. On March 12, 2022, the City and Consultant entered into that certain Professional Services Agreement for Hazardous Waste Disposal Services in the amount not-toexceed $50,000. b. The parties now desire to extend the term of the agreement to June 30, 2027 and increase the compensation in the amount of $4,000 per fiscal year for a new total agreement amount not-to-exceed $54,000 per fiscal year and amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled “TERM” is hereby amended to read as follows:
“The term of this Agreement shall be from the Effective Date through June 30, 2027, unless sooner terminated as provided in Section 13 of this Agreement.”

3. Paragraph A of Section 2 of the Agreement entitled “COMPENSATION” is hereby amended to read as follows:

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a total amount not-to-exceed of Fifty Four Thousand Dollars ($54,000) (the “maximum compensation”) per fiscal year, as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

The parties, through their duly authorized representatives, are signing this FIRST Amendment on the date stated in the introductory clause.

City: Consultant:

2 City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney
Ocean Blue Environmental Services, Inc.
a California Corporation
By:

Name:

Title:

By:

Name:

Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)

ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant.

925 West Esther Street
Long Beach, CA 90813
Phone: (562) 624-4120

SPECIAL RATES FOR THE CITY OF COVINA
EFFECTIVE 7/1/2025 TO 7/1/2027

DEFINITIONS
Straight Time: Monday through Friday, from 7:00 AM to 4:00 PM Overtime: Monday through Friday, before 7:00 AM and after 4:00 PM, and all day on Saturdays
Premium Time: Sundays, Following Holidays

HOLIDAYS OBSERVED
New Year's Day Labor Day
Martin Luther King, Jr.'s Birthday Presidents Day
Veterans Day Memorial Day
Fourth of July Thanksgiving Day
Day after Thanksgiving Columbus Day
Christmas Day

MINIMUM CHARGES
Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply.

Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading.

DISPOSAL AND OUTSIDE COSTS
All disposal, services, equipment rentals, and materials not on the rate sheet will be billed at cost plus a ten percent (10%) handling charge.

ATTACHMENT B
SPECIAL RATES FOR THE CITY OF COVINA 7/1/2025 - 7/1/2027 925 West Esther Street
Long Beach, CA 90813
Phone: (562) 624-4120

1. HAZARDOUS WASTE-TRAINED PERSONNEL HOURLY RATE

STRAIGHT OVER- PREMIUM

CLASSIFICATION TIME TIME TIME
PROJECT MANAGER 131.22 172.04 172.04
SUPERVISOR 101.09 120.53 138.02
CHEMIST / INDUSTRIAL HYGIENIST 201.20 230.36 230.36
LEAD TECHNICIAN 69.98 102.06 133.16
EQUIPMENT OPERATOR 67.07 101.09 129.28
TECHNICIAN 63.18 89.42 116.64
ILWU (INT. LONGSHORE & WHSE UNION) TECH 88.45 132.19 177.88 ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120

2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE 55.40 GEAR TRUCK W/ LIFTGATE 55.40
EMERGENCY RESPONSE UNIT - LARGE 257.58
EMERGENCY RESPONSE UNIT - SMALL 178.85
CREW VAN 48.60
BOB CAT W/SOLID TIRES 60.26
VACUUM TRAILER - 20 BBL 60.26
VACUUM TRUCK - 70 BBL W/ ROPER PUMP* 147.74
VACUUM TRUCK - 120 BBL* 169.13
VACUUM TRUCK - 120 BBL STAINLESS STEEL* 191.48
AIR EXCAVATOR* 147.74
HYDRO EXCAVATOR* 274.10
OMNI VAC - 85 BBL* 274.10
JETTER / VACTOR COMBO UNIT* 274.10
ROLL-OFF TRUCK* 147.74
ROLL-OFF TRUCK AND TRAILER* 169.13
DUMP TRUCK - 10 WHEEL* 104.00
TRASH COMPACTOR* 206.06
25' BOX VAN* 104.00
45' BOX VAN* 120.53
45' FLAT BED* 120.53
25' EQUIPMENT TRAILER 38.88
STREET SWEEPER 97.20
"*" DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME.

SPECIAL RATES FOR THE CITY OF COVINA 7/1/2025 - 7/1/2027 925 West Esther Street
Long Beach, CA 90813
Phone: (562) 624-4120

3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT
SELF-CONTAINED BREATHING APPARATUS (30 MIN.) 150.66 DAILY 6-PACK BREATHING AIR BOTTLES 302.29 DAILY
5-MINUTE EGRESS AIR BOTTLE 42.77 DAILY
TRIPOD W/DOUBLE WINCHES 270.22 DAILY
FULL BODY HARNESS W/ SHOCK ABSORBER 38.88 DAILY
COPPUS BLOWER 218.70 DAILY
4-GAS AIR MONITOR 331.45 DAILY
PID METER 458.78 DAILY
MERCURY VAPOR ANALYZER 574.45 DAILY
OVA MONITOR 401.44 DAILY
PERSONAL 4 GAS METER 274.10 DAILY
ELECTRIC BLOWER 88.45 DAILY

4. TRAFFIC CONTROL
ARROW BOARD 245.92 DAILY
PORTABLE DECON STATION W/ARROWBOARD 328.54 DAILY
BARRICADES W/ REFLECTORS, EACH 35.96 DAILY
DELINEATOR/REFLECTIVE, EACH 1.94 DAILY
NO TURN RIGHT OR LEFT SIGNS, EACH 17.50 DAILY
TRAFFIC CONE/REFLECTIVE, EACH 2.92 DAILY
TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 40.82 DAILY

5. CLEANING EQUIPMENT
AIR COMPRESSOR 46.66 HOURLY
CHEMICAL DIAPHRAGM PUMP 345.06 DAILY
DECONTAMINATION STATION 235.22 DAILY
DIAPHRAGM PUMP 246.89 DAILY
SUCTION/DISCHARGE HOSE (PER FOOT) 0.97 DAILY
HYDROBLASTER 86.51 HOURLY
INTRISICALLY SAFE PUMP FOR FUEL TANKS 120.53 DAILY
STEAM MACHINE 1,000 PSI 22 GPM 77.76 HOURLY
STEAM MACHINE 3,500 PSI 6 GPM 67.07 HOURLY
PORTABLE TRASH PUMP 230.36 DAILY
SUBMERSIBLE PUMP 204.12 DAILY
AIR SCRUBERS PORTABLE 191.48 DAILY
HEPA FILTERS FOR SCRUBBERS 142.88 EACH
55 GALLON CARBON SCRUBBER FOR VAC TRUCKS 218.70 DAILY
3 STALL DECONTAMINATION SHOWER 328.54 DAILY

6. PORTABLE STORAGE UNITS
20-YARD BIN, OPEN TOP 28.19 DAILY
20-YARD BIN, CLOSED TOP 34.02 DAILY
40-YARD BIN, OPEN TOP 28.19 DAILY
40-YARD BIN, CLOSED TOP 35.96 DAILY
4" TANK MANIFOLD 21.38 DAILY
BIN LINERS 58.32 EACH

SPECIAL RATES FOR THE CITY OF COVINA 7/1/2025 - 7/1/2027 925 West Esther Street
Long Beach, CA 90813
Phone: (562) 624-4120

7. OIL SPILL EQUIPMENT
20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW 230.36 DAILY BOOM TRAILER (STANDBY) W/ 1500' OF 8"x12" BOOM 172.04 DAILY BOOM 8"x12" (DEPLOYED) 1.94 PER FT/DAY
BOOM 4"x12" (DEPLOYED) 0.97 PER FT/DAY
22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 147.74 HOURLY 22' x 8' SELF POWERED BARGE 99.14 HOURLY
19' TOOL SPILL BOAT W/90HP 99.14 HOURLY
17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR 82.62 HOURLY
14' TOW/SPILL CONTROL BOAT W/ 25 HP MOTOR 65.12 HOURLY
12' PUNTS 38.88 HOURLY
12' PUNTS W/ 5HP MOTOR 48.60 HOURLY
SPLASH ZONE 2-PART SEALER 180.79 PER GALLON
25 LBS ANCHORS W/ 15' CHAIN 16.52 DAILY
15 LBS ANCHORS W/ 10' CHAIN 11.66 DAILY
24" BOEYS 16.52 DAILY
EMERGENCY RESPONSE TRAILER 517.10 DAILY
ROPE MOP SKIMMER 172.04 HOURLY
DRUM SKIMMER TDS-136 W/ POWER PACK 230.36 HOURLY
SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM 69.98 HOURLY
SKIMMER TRAILER 230.36 DAILY
ABSORBENT BOOM TRAILER 172.04 DAILY
ATV (ALL TERRAIN VEHICLE) W/TRAILER 300.35 DAILY
FORKLIFT TRAILER 108.86 DAILY

8. MATERIALS
10 GALLON DOT DRUM, STEEL 55.40 EACH
15 GALLON DOT DRUM, POLY 55.40 EACH
16 GALLON DOT DRUM, STEEL 55.40 EACH
20 GALLON DOT DRUM, STEEL 58.32 EACH
30 GALLON DOT DRUM, POLY 58.32 EACH
30 GALLON DOT DRUM, STEEL 58.32 EACH
5 GALLON DOT DRUM 20.41 EACH
55 GALLON DOT DRUM, POLY 68.04 EACH
55 GALLON DOT DRUM, STEEL 67.07 EACH
55 GALLON DOT DRUM, BIO 43.74 EACH
85 GALLON DRUM, OVERPAK, STEEL 245.92 EACH
95 GALLON DRUM, OVERPAK, POLY 245.92 EACH
ACID SPILFYTER NEUTRALIZER PER GALLON 85.54 EACH
BASE SPILFYTER NEUTRALIZER PER GALLON 85.54 EACH
BIO-SOLVE (HYDROCARBON ENCAPSULANT) 40.82 PER GALLON
BLEACH 4.86 PER GALLON
CHEMICAL POLY TOTES 354.78 EACH
CHLOR-D-TECT Q4000 20.41 EACH
CITRI-CLEAN, 55 GALLON 918.54 PER DRUM
DIESEL FUEL (EQUIPMENT) 5.83 PER GALLON
DRUM LINER 2.92 EACH
DUCT TAPE 6.80 PER ROLL
FACE SHIELD 14.58 EACH

SPECIAL RATES FOR THE CITY OF COVINA 7/1/2025 - 7/1/2027 925 West Esther Street
Long Beach, CA 90813
Phone: (562) 624-4120
HAND AUGER 96.23 DAILY
HEPA VACUUM FILTER PROTECTORS 22.36 EACH
HEPA VACUUM REPLACEMENT BAGS 22.36 EACH
OIL SORBENT POM POMS 63.18 PER BALE
PLASTIC BAGS 82.62 PER BOX
PLASTIC SHEETING 82.62 PER ROLL
RAGS, 50 LB BOX 74.84 PER BOX
ROPE 1/2 POLY, 100' ROLL 35.96 PER ROLL
ROPE 5/8 POLY, 100' SPOOL 40.82 PER ROLL
SAMPLE JARS - 1QT 14.58 EACH
SAND BAGS 3.89 EACH
SHRINK WRAP 34.02 ROLL
SIMPLE GREEN 14.58 PER GALLON
SODA ASH 6.80 PER GALLON
SORBENT BOOM W/ JELLING MATERIAL 458.78 PER BALE
SORBENT BOOM, 8"x10" 60.26 EACH
SORBENT PADS 18"x18"x1/4" (200/BALE) 99.14 PER BALE
SUPERFINE, 25 LB BAG 20.41 PER BAG
TRIWALL BOXES 172.04 EACH
VACTOR FLEX HOSE 4" 1.94 PER FOOT
VACTOR FLEX HOSE 6" 2.92 PER FOOT

9. TOOLS AND OTHER EQUIPMENT
BIO-HAZARD "BLOOD" SPILL KIT 114.70 EACH
BOAT HOOKS 3'-9' TELESCOPING 7.78 DAILY
BOBCAT SWEEPER ATTACHMENT 243.00 DAILY
CHEST WADERS 68.04 DAILY
14 PORTABLE GAS POWERED ABRASIVE SAW 164.27 DAILY
COM-A-LONG - 4000 LBS 6.80 DAILY
CUTTING TORCH 166.21 DAILY
DRUM SAMPLING ROD (GLASS) 7.78 EACH
DRUM VACUUM - 55 GALLON 132.19 DAILY
EXTENSION LADDER 14.58 DAILY
EYEWASH STATION 35.96 DAILY
FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTOR) 245.92 DAILY FORK LIFT 243.00 DAILY
GENERATOR, 10KV TRAILER MOUNTED 38.88 HOURLY
GENERATOR, 5500 WATTS 137.05 DAILY
HAND TOOLS 58.32 DAILY
HAND WASHING STATION 55.40 DAILY
HAZ-CAT KIT 22.36 PER TEST
HEAVY DUTY JETTER NOZZLES 260.50 DAILY
HEPA VACUUM (DRY) 172.04 DAILY
HIP WADERS 58.32 DAILY
HUDSON SPRAYER 22.36 DAILY
JACK HAMMER 90 LBS 137.05 DAILY
LIFE JACKETS 17.50 DAILY
LIGHT STAND (2 BULBS) 40.82 DAILY

SPECIAL RATES FOR THE CITY OF COVINA 7/1/2025 - 7/1/2027 925 West Esther Street
Long Beach, CA 90813
Phone: (562) 624-4120
LIGHT TOWER (4 BULBS) 328.54 DAILY
MEALS ON SPILLS 7.78 EACH
MERCURY VACUUM 574.45 DAILY
NON-SPARKING COLD CUTTER / RIVET BUSTER 108.86 DAILY
NON-SPARKING COLD CUTTER TIPS 34.02 EACH
PER DIEM ALLOWANCE ON TRAVEL 180.79 DAILY
PICKS "MINERS" 2.92 DAILY
PLUG & DIKE, 1 LB CAN 28.19 EACH
POLY SIPHON (POGO) PUMP 21.38 EACH
PORTABLE RESTROOM W/SINK 172.04 DAILY
PROFILING FEE (PER WASTE STREAM) 86.51 EACH
RADIO 2-WAY, INTRINSICALLY SAFE 45.68 DAILY
SAWZALL 91.37 DAILY
SKIL SAW 40.82 DAILY
STEEL SPIKES, 36" 5.83 DAILY
TRANSFER HOSES, 1 - 4" 48.60 DAILY
TRUCK RAMPS (30,000 LBS) 328.54 DAILY
VAPOR TIGHT DROP LIGHTS 172.04 DAILY
VENTILATION FAN 132.19 DAILY
WATER METER 287.71 DAILY
WATER TANK TRAILER W/ PUMP 388.80 DAILY
DRUM DOLLY 27.22 DAILY

10. PERSONAL PROTECTIVE EQUIPMENT (PPE)
LEVEL "A" - FULLY ENCAPSULATED GAS-TIGHT SUIT
WITH SCBA 546.26 PER SET
LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU-
LATED SUIT, BUT NOT GAS TIGHT W/SCBA 172.04 PER SET
LEVEL "C" - TYVEK THROUGH SARANEX SUIT W/ AIR
PURIFYING RESPIRATOR 74.84 PER SET
LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR

RAINGEAR SUIT WITH GLOVES, BOOTS,
HARDHAT AND SAFETY GLASSES 35.96 PER SET

ATTACHMENT C
RESOLUTION CC 2025-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/2026 OPERATING

BUDGET AND INCREASE FUNDING FROM AVAILABLE
ENVIRONMENTAL SERVICES FUND – FUND BALANCE FOR USE

TOWARDS THE PROFESSIONAL SERVICES AGREEMENT FOR

HAZARDOUS WASTE DISPOSAL SERVICES IN THE AMOUNT OF
$4,000
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025-2026 Operating Budget & Capital Improvement Plan (CIP) was approved on May 6, 2025; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to amend the 2025/2026 Operating Budget and appropriate $4,000 for use towards the Professional Services Agreement for Hazardous Waste Disposal Services in the amount of $4,000.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Amend the Fiscal Year 2025/2026 Operating Budget appropriating $4,000 for use towards the Professional Services Agreement for Hazardous Waste Disposal Services as stated below:

Account No. Account Description Amount ($) Increase/Decrease 6200-5580-
52140
Environmental Services
Fund-Waste ManagementHazardous Waste
$4,000 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 17th day of June, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor

Resolution CC 2025-68 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-68 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 17th day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: June 17, 2025
Title: Adoption of Urgency Ordinance Extending Ordinance 25-01, Establishing a Moratorium on Battery Energy Storage Systems (BESS) Facilities within City Limits for a Period of 10 Months and 15 Days
Presented by: Brian K. Lee, Deputy City Manager/Community Development Director Recommendation: Request the City Council adopt Ordinance 25-04, an urgency measure, extending Ordinance 25-01, establishing a moratorium on the acceptance and processing of any new entitlement applications and/or issuing any permit for new Battery Energy Storage Systems (BESS) within the city limits.

BACKGROUND:

On May 6, 2025, the City Council unanimously adopted Urgency Ordinance 25-01 with a vote of 5-0-0. This ordinance is effective for a period of 45 days, with the possibility of extending it for an additional 10 months and 15 days. Its purpose is to temporarily halt the acceptance and processing of any new entitlement applications and to stop issuing permits for new battery energy storage systems (BESS) within the city limits.

On June 5, 2025, a public notice was published regarding the City Council meeting scheduled for June 17, 2025, to discuss the potential extension of the Urgency Ordinance.

DISCUSSION:

Extending the 45-day moratorium by an additional 10 months and 15 days would give staff enough time to research best practices, maintain engagement with LACFD and METRO, and develop appropriate policies to address safety concerns while ensuring responsible energy infrastructure planning.

The Zoning Code Amendment, which will include any necessary revisions, is expected to be presented to the Planning Commission for public hearing and recommendation to the City Council for consideration and adoption in the coming months. A brief overview of these proposed revisions will be reviewed with the City Council as part of its consideration of this item.

FISCAL IMPACT:

No direct fiscal costs are associated with the City Council's extension of the Urgency Ordinance, which will establish temporary regulations and standards for the development of Battery Energy Storage System (BESS) facilities.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The ordinance was reviewed in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) The interim ordinance is not subject to CEQA as it prohibits the use and development of BESS facilities in the City while the City studies appropriate regulations and is therefore not expected to lead to any direct or reasonably foreseeable indirect physical changes in the environment. CEQA Guidelines Section 15060(c)(2). Furthermore, this Interim Ordinance exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty

that there is no possibility the activity in question may have a significant effect on the environment] and CEQA Guidelines Section 15269(c) [exemption for specific actions necessary to prevent or mitigate an emergency]. This ordinance addresses a clear and imminent danger, precluding specified development of BESS facilities in the City to protect life, health, property, and essential public services until appropriate regulations are adopted.

Respectfully submitted,

O[ ( hof
ITEM NO. NB 1
CC Regular Meeting yAporoved by vote s- 0

AGENDA ITEM REPORT Q
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c Ado eti 5. Odors .,_ T
Meeting: May 6, 2025
iroctec ,' opt dinance NoI
Title: Adoption of Urgency Ordinance Establishing a Temporary Moratorium on Battery Energy Storage Systems ( BESS)
Presented by: Brian K. Lee, Deputy City Manager/Community Development Director Recommendation: Request the City Council adopt Ordinance 25- 01, entitled " An Urgency Ordinance of the City Council of the City of Covina, California, enacted pursuant to Government Code Section 65858 establishing a moratorium on accepting and processing any new entitlement applications and/ or issuing any permits for new Battery Energy Storage Systems ( BESS) within the City limits; declaring the urgency thereof and making a determination of exemption under the California Environmental Quality Act". s' CUTIYE SUMMARY:

Battery Energy Storage System ( BESS) facilities collect energy from the electrical grid, store it, and later discharge that energy to provide electricity or other grid services when needed, particularly during periods of high demand. There is a growing demand for BESS facilities due to the increasing need for renewable electricity, which supports the state' s clean energy goals and ensures the reliability ofthe electric system, among other factors.

However, there have been several recent fires at BESS facilities in California and across the nation. BESS facilities that utilize lithium-ion batteries pose unique fire and explosion hazards. While lithium-ion batteries can be safe and stable when installed correctly, certain conditions can increase the risk of fire and thermal runaways.

These conditions include impact, puncture, or mechanical damage, as well as overcharging, overheating, and short circuits.

Currently, there are no commercial BESS facilities within the city limits of Covina. The City has received two inquiries regarding proposed BESS facilities within the City. The City does not have specific land use policies or standards in place to regulate the location and operation of BESS facilities. This absence ofregulation raises concerns related to safety and compatibility with adjacent land uses, among other factors.

Adoption of this urgency ordinance would establish a temporary moratorium, prohibiting grid- scale " Front-ofthe-Meter" BESS facilities in the City while the City studies and considers land use development policies and standards related to BESS facilities. Adoption of this urgency ordinance requires a 4/ 5 vote of the City Council.

CKGROUND & DISCUSSION:

BESS Facilities
BESS facilities collect energy from the electrical grid, store it, and later discharge that energy to provide electricity or other grid services when needed, particularly during periods of high demand. A commercial BESS facility refers to one that supplies electricity to third parties. There is a growing demand for BESS facilities due to the increasing need for renewable electricity, which supports the state' s clean energy goals and ensures the reliability ofthe electric system, among other factors.

There have been several recent fires at BESS facilities in California and across the nation. BESS facilities that utilize lithium- ion batteries pose unique fire and explosion hazards. While lithium- ion batteries can be safe and

ATTACHMENT A

stable when installed correctly, certain conditions can increase the risk of fire and thermal runaways. These conditions include impact, puncture, or mechanical damage, as well as overcharging, overheating, and short circuits.

BESS Facility Inquiries
In August 2024, one applicant( Covina Reliability) initiated a preliminary application review for the construction and operation of a battery energy storage system situated on a 3. 4- acre site comprising five parcels located at 522, 534, and 680 Edna Place. This site falls within the M- 1 ( Light Manufacturing) Zone. Under the Covina Municipal Code, " Utilities" are a permitted use pursuant to Section 17. 54. 020( G). This use encompasses electric distribution and public utility substations, as well as electric and public utility transmission substations and service yards, both public and private. In April 2025, the city received additional inquiries regarding the establishment of a second potential BESS facility.

City Lacks Regulations; Safety Concerns
Currently, there are no commercial BESS facilities within the city limits of Covina, and the city does not have specific land use policies or standards in place to regulate the location and operation of BESS facilities. This absence of regulation raises concerns related to safety and compatibility with adjacent land uses, among other factors.

The City of Covina is primarily developed with dense residential and commercial areas. The proposed site for the potential Covina Reliability BESS would be in close proximity to residential townhomes, commercial establishments, light manufacturing operations, and a Metrolink Railway. This situation makes the city particularly vulnerable to hazards such as major fires, explosions, and toxic smoke plumes from BESS facilities.

In response to public safety concerns, city staff have conducted a collaborative review of the potential Covina Reliability BESS project in coordination with the Los Angeles County Fire Department ( LACFD). As BESS facilities become more prevalent, the LACFD is actively working to establish regulatory codes and compliance standards to effectively govern their operations. Both the city and the LACFD are collaborating with Covina Reliability to evaluate the project in terms ofpublic safety.

On October 7, 2023, the Governor of California signed Senate Bill 38 (" SB 38") into law, amending California Public Utilities Code Section 761. 3 to address safety concerns associated with BESS projects. Under SB 38, every BESS facility in California is required to establish an emergency response and action plan to protect surrounding residents, neighboring properties, emergency responders, and the environment. The owner or operator of a BESS facility must coordinate with local emergency management agencies, unified program agencies, and local first responders to develop and submit this plan to the county where the facility is located. Currently, the applicant is working to provide the Los Angeles County Fire Department and other response agencies with an emergency response and action plan for their review and approval.

SB 38 recognizes the various hazards that BESS facilities can pose, stating that the mandated emergency response and action plan may address potential offsite impacts such as poor air quality, threats to municipal water supplies, water runoff, and threats to municipal waterways. The plan may also include procedures for shelter- in-place orders and road closure notifications. Presently, the City does not have any procedures or standards for addressing potential off-site impacts related to BESS facilities.

The potential development of new BESS facilities within the City limits, without adequate land use policies and standards in place to implement SB 38, poses an immediate threat to public safety and welfare. Approving land use entitlements for such facilities could lead to potentially catastrophic environmental, safety, and economic impacts.

URGENCY ORDINANCE:
alifornia Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifth vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal.

Section 65858 further provides that such an urgency measure shall expire 45 days following its adoption; however, such a measure may be extended beyond the initial 45- day period, following compliance with Government Code Section 65868, for an additional 10 months and 15 days, and subsequently for an additional 12 months.

Government Code Section 65858( d) requires the City to issue a written report describing the measures taken to alleviate the condition that led to the adoption of the initial interim ordinance 10 days prior to expiration for purposes of extending the urgency ordinance.

Subsequent to the written report, Government Code Section 65858( a) allows for an initial 10- month and 15- day extension to provide the City with additional time to study the potential impacts of commercial BESS facilities and measures for mitigating the public safety, health and welfare concerns described above.

With the adoption of Urgency Ordinance 25- 01, the City Council would effectively prohibit the acceptance and processing of any new entitlement applications and/ or the issuance of permits for Battery Energy Storage Systems BESS) within the city limits, allowing time for the City to research best practices, continue engagement with the ACFD, and consider appropriate policies to address safety concerns while ensuring responsible energy nfrastructure planning.

FISCAL IMPACT:

No direct fiscal costs are associated with the adoption of this urgency ordinance.

CEQA ( CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The ordinance was reviewed in accordance with the California Environmental Quality Act ( CEQA) ( Public Resources Code Section 21000 et seq.) and the Guidelines ( Cal. Code Regs., tit. 14, § 15000 et seq.) The interim ordinance is not subject to CEQA as it prohibits the use and development of BESS facilities in the City while the City studies appropriate regulations and is therefore not expected to lead to any direct or reasonably foreseeable indirect physical changes in the environment. CEQA Guidelines Section 15060( c)( 2). Furthermore, this Interim Ordinance exempt from CEQA pursuant to CEQA Guidelines Sections 15061( b)( 3) [ it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment] and CEQA Guidelines Section 15269( c) [ exemption for specific actions necessary to prevent or mitigate an emergency]. This ordinance addresses a clear and imminent danger, precluding specified development of BESS facilities in the City to protect life, health, property, and essential public services until appropriate regulations are adopted.

Respectfully submitted,
Bri: s K. , AICP
Deputy City Manager/ Director of Community Development

T-. 11) STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Senate Bill No. 38
CHAPTER 377
An act to amend Section 761. 3 of the Public Utilities Code, relating to energy.

Approved by Governor October 7, 2023. Filed with Secretary of State October 7, 2023.]

LEGISLATIVE COUNSEL' S DIGEST
SB 38, Laird. Battery energy storage facilities: emergency response and emergency action plans.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to implement and enforce standards for the maintenance and operation of facilities for the generation and storage of electricity owned by an electrical corporation or located in the state to ensure their reliable operation.

This bill would require each battery energy storage facility located in the state and subject to the requirement described above to have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, as specified. The bill would require the owner or operator of the facility, in developing the plan, to coordinate with local emergency management agencies, unified program agencies, and local first response agencies. To the extent the bill would impose new duties on local government agencies, the bill would create a state- mandated local program.

The bill would require the owner or operator of the facility to submit the plan to the county and, if applicable, the city where the facility is located.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the above provisions would be part of the act and a violation of a commission action implementing this bill' s requirements would be a crime, the bill would impose a state- mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
93

Ch. 377 2—
The people of the State of California do enact as follows:

SECTION 1. Section 761. 3 of the Public Utilities Code is amended to read:
761. 3. ( a) Notwithstanding subdivision ( g) of Section 216 and subdivision ( c) of Section 218. 5, the commission shall implement and enforce standards for the maintenance and operation of facilities for the generation and storage of electricity owned by an electrical corporation or located in the state to ensure their reliable operation. The commission shall enforce the protocols for the scheduling of powerplant outages of the Independent System Operator.
b) This section does not authorize the commission to establish rates for wholesale sales in interstate commerce from those facilities, or to approve the sale or transfer of control of facilities if an exempt wholesale generator, as defined in the federal Public Utility Holding Company Act of 2005 ( 42 U. S. C. Sec. 16451( 6)).
c) ( 1) ( A) Except as otherwise provided in this subdivision, this section does not apply to nuclear powered generating facilities that are federally regulated and subject to standards developed by the Nuclear Regulatory Commission and that participate as members of the Institute of Nuclear Power Operations.

B) The owner or operator of a nuclear powered generating facility shall file with the commission an annual schedule of maintenance, including repairs and upgrades, updated quarterly, for each generating facility. The owner or operator of a nuclear powered generating facility shall make good faith efforts to conduct its maintenance in compliance with its filed plan and shall report to the Independent System Operator any significant variations from its filed plan.

C) The owner or operator of a nuclear powered generating facility shall report on a monthly basis to the commission all actual planned and unplanned outages of each facility during the preceding month. The owner or operator of a nuclear powered generating facility shall report on a daily basis to the Independent System Operator the daily operational status and availability of each facility.
2) ( A) Except as otherwise provided in this subdivision, this section does not apply to a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title 11 of the federal Public Utility Regulatory Policies Act of 1978( 16 U. S. C.

Secs. 796( 17), 796( 18), and 824a- 3), and the regulations adopted pursuant to those sections by the Federal Energy Regulatory Commission( 18 C. F.R.

Secs. 292. 101 to 292. 602, inclusive), nor does this section apply to other generation units installed, operated, and maintained at a customer site exclusively to serve that customer' s load.

B) An electrical corporation that has a contract with a qualifying small power production facility, or a qualifying cogeneration facility, with a name plate rating of 10 megawatts or greater, shall report to the commission maintenance schedules for each facility, including all actual planned and 93

3— Ch. 377
unplanned outages of the facility and the daily operational status and availability of the facility. Each facility with a name plate rating of 10 megawatts or greater shall be responsible for directly reporting to the Independent System Operator maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility, ifthat information is not provided to the electrical corporation pursuant to a contract. d) This section shall not result in the modification, delay, or abrogation of any deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, any requirements imposed by the State Air Resources Board or by an air pollution control district or an air quality management district pursuant to Division 26 ( commencing with Section 39000) of the Health and Safety Code. The Independent System Operator shall consult with the State Air Resources Board and the appropriate local air pollution control districts and air quality management districts to coordinate scheduled outages to provide for compliance with those retrofits. e) The Independent System Operator shall maintain records of generation and storage facility outages and shall provide those records to the commission on a daily basis. Each entity that owns or operates an electric generating unit in California with a rated maximum capacity of 10 megawatts or greater shall provide a monthly report to the Independent System Operator that identifies any periods during the preceding month when the unit was unavailable to produce electricity or was available only at reduced capacity.

The report shall identify the reasons for any such unscheduled unavailability or reduced capacity. The Independent System Operator shall immediately transmit the information to the commission.
f) This section does not apply to any of the following:
1) A facility owned by a local publicly owned electric utility. 2) A public agency that may generate electricity incidental to the provision of water or wastewater treatment.
3) A facility owned by a city and county operating as a public utility, furnishing electric service as provided in Section 10001. g) ( 1) In order to ensure the safety of employees, emergency responders, and surrounding communities, each battery energy storage facility located in the state and subject to subdivision( a) shall have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, consistent with Sections 142. 3 and 6401 of the Labor Code and any related regulations, including the regulatory requirements applicable to emergency action plans pursuant to Section 3220 of Title 8 of the California Code of Regulations.
2) The emergency response and emergency action plan shall do all of the following:

A) Establish response procedures for an equipment malfunction or failure.

B) Include procedures that provide for the safety of surrounding residents, neighboring properties, emergency responders, and the 93

Ch. 377 4—
environment. These procedures shall be established in consultation with local emergency management agencies.

C) Establish notification and communication procedures between the battery energy storage facility and local emergency management agencies. 3) The emergency response and emergency action plan may do all of the following:

A) Consider responses to potential offsite impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways.

B) Include procedures for the local emergency response agency to establish shelter- in-place orders and road closure notifications when appropriate.
4) In developing the emergency response and emergency action plan, the owner or operator of the battery energy storage facility shall coordinate with local emergency management agencies, unified program agencies, and local first response agencies.
5) The owner or operator of each battery energy storage facility shall submit the emergency response and emergency action plan to the county and, if applicable, the city where the facility is located.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 ofArticle XIII B ofthe California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 commencing with Section 17500) of Division 4 of Title 2 ofthe Government Code.
0 93

ORDINANCE 25- 01

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COVINA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT
CODE SECTION 65858 ESTABLISHING A MORATORIUM ON

ACCEPTING AND PROCESSING ANY NEW ENTITLEMENT

APPLICATIONS AND/ OR ISSUING ANY PERMITS FOR NEW BATTERY ENERGY STORAGE SYSTEMS (BESS) WITHIN THE CITY LIMITS;

DECLARING THE URGENCY THEREOF AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Covina, California (" City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in general, a Battery Energy Storage Systems (" BESS") facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand; and WHEREAS, there is a growing demand for BESS facilities in the state of California due to increased demand for renewable electricity to reach the State' s clean energy goals and mechanisms to ensure reliability ofthe State' s electric system, among other things; and WHEREAS, the City does not have land use policies or standards in place to regulate the location and operation of BESS facilities within the City limits which would address compatibility with surrounding uses and safety among other issues; and WHEREAS, the City has previously received two specific requests to locate a BESS facility within the City limits, which resulted in one preliminary review application submitted to the City for review with the applicant spending significant time and financial resources processing their application review with the Los Angeles County Fire Department ( LACFD), Land Development Division, that still remains under review; and WHEREAS, during the preliminary application review process for the proposed BESS facility within the City limits, the LACFD expressed concerns regarding the safety of BESS facilities in general, and specifically in proximity to residential and commercial uses and the Metrolink railway system; and
WHEREAS, there have been several recent fires at BESS facilities both in California and nationwide. For example, on January 16, 2025, a major fire broke out at an existing BESS facility in the unincorporated community of Moss Landing, prompting evacuations and highway closures in Monterey County; and
WHEREAS, BESS facilities that use lithium- ion batteries create particularly unique fire and explosion hazards. Information suggests that lithium- ion batteries are potentially safe and stable when installed properly, however certain conditions elevate the risk of fire and thermal runaways, such as impact, puncture, or mechanical damage, overcharging, overheating, and/ or short circuits; and

WHEREAS, the City of Covina is primarily developed with dense residential and commercial areas. The proposed site would be in close proximity to residential townhomes, commercial establishments, light manufacturing operations, and a Metrolink Railway. This situation makes the city particularly vulnerable to hazards such as major fires, explosions, and toxic smoke plumes from a BESS facility; and
WHEREAS, on October 7, 2023, the Governor of California signed into law Senate Bill 38 (" SB 38"), which amends California Public Utilities Code Section 761. 3 to address safety concerns with BESS projects. SB 38 requires every BESS facility in California to establish an emergency response and emergency action plan for the facility to protect surrounding residents, neighboring properties, emergency responders, and the environment. Furthermore, the BESS facility owner or operator must coordinate with local emergency management agencies, unified program agencies, and local first responders to develop and submit the plan to the county where the facility is located. Currently, the applicant is working to provide the Los Angeles County Fire Department and other response agencies with an emergency response and action plan for review; and
WHEREAS, SB 38 recognizes the many hazards that BESS facilities can create, providing that the mandated emergency response and action plan may consider responses to potential offsite impacts such as poor air quality, threats to municipal water supplies, water runoff, and threats to municipal waterways. The plan may also include procedures related to shelter- in-place orders and road closure notifications. The City does not currently have any procedures or standards for addressing potential offsite impacts associated with BESS facilities. Furthermore, the City' s current zoning regulations do not contain criteria specifically for BESS facilities; and WHEREAS, given the fairly new technology, lack of long-term study ofthe performance and risk associated with these facilities, as well as the ever- increasing megawatt capacity ofthese projects, the City has not had an adequate opportunity to undertake a comprehensive study of the developing technologies and designs such that it can publish appropriate development guidelines for these projects to ensure the public' s welfare and safety; and WHEREAS, the potential for the development of new BESS facilities in the City limits without adequate land use policies and standards in place to implement SB 38 presents a current and immediate threat to the public' s safety and welfare, and the approval of land use entitlements for such a use would result in that threat to public safety and welfare because BESS facilities could result in potentially catastrophic environmental, safety, and economic impacts; and WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifths vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal. Government Code Section 65858 further provides that such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45- day period, following compliance with that Section, for up to an additional 22 months and 15 days; and
Ordinance 25- 01 Page 2 of 5

WHEREAS, while this interim ordinance is in effect, the City intends to research best practices, continue engagement with the LACFD, and consider appropriate policies to address safety concerns while ensuring responsible energy infrastructure planning.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council of the City of Covina finds that all Recitals are true and correct and incorporated herein by reference.

SECTION 2. Urgency Findings. The City Council of Covina hereby finds that there is a current and immediate threat to the public health, safety, and/ or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency measure, which finding is based upon the facts stated in the Recitals above, and in the staff report dated May 6, 2025, as well as any oral and written testimony at the May 6, 2025 City Council meeting.

SECTION 3. Interim Moratorium on Grid- Scale Battery Energy Storage Systems.

A. Definition of Battery Energy Storage System:

For purposes of this interim ordinance, a Battery Energy Storage System ( BESS) facility is an electrochemical device that charges or collects energy from the grid or a distributed generation system ( e. g., power plant) and then discharges that energy at a later time to provide electricity or other grid services when needed. i. BESS facilities can be small- scale" Behind- the- Meter" facilities that are customersited stationary storage systems that are connected to the distribution system on the customer' s side of the utility' s service meter.
ii. In contrast, larger grid- scale " Front- of-the- Meter" facilities are on the utility side of the meter. " Front- of-the- Meter" facilities typically include large- scale energy generation and storage facilities like power plants, wind farms, solar parks, and large- scale energy storage systems.

B. Prohibition on grid- scale " Front-of-the- Meter" BESS facilities:

From and after the date of enactment of the interim ordinance, the establishment, construction, and operation of Battery Energy Storage Systems is prohibited within the city limits of the City of Covina, and no new use permit, variance, building permit, business license, or any other entitlement for this type of use shall be approved or issued for the establishment, construction, or operation of a BESS facility for any location or property, public or private, within the city limits of the City of Covina.

SECTION 4. Exclusions. The provisions of this interim ordinance shall not apply to individually owned single-family residential battery storage, multifamily residential battery storage, or otherwise ancillary battery storage uses that are " Behind- the- Meter" primarily used to meet single customer onsite energy storage needs.

SECTION 5. Compliance with the California Environmental Quality Act ( CEQA). The ordinance was reviewed in accordance with the California Environmental Quality Act ( CEQA) Ordinance 25- 01 Page 3 of 5

Public Resources Code Section 21000 et seq.) and the Guidelines( Cal. Code Regs., tit. 14, § 15000 et seq.) The interim ordinance is not subject to CEQA as it prohibits the use and development of BESS facilities in the City while the City studies appropriate regulations and is therefore not expected to lead to any direct or reasonably foreseeable indirect physical changes in the environment. CEQA Guidelines Section 15060( c)( 2). Furthermore, this Interim Ordinance exempt from CEQA pursuant to CEQA Guidelines Sections 15061( b)( 3) [ it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment] and CEQA Guidelines Section 15269( c) [ exemption for specific actions necessary to prevent or mitigate an emergency]. This ordinance addresses a clear and imminent danger, precluding specified development of BESS facilities in the City to protect life, health, property, and essential public services until appropriate regulations are adopted.

SECTION 6. Severability. If any sections, subsections, sentences, clauses, phrases, or portions ofthis Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase, or clause of this Ordinance whether or not any one or more sections, subsections, phrases, or clauses may be declared invalid or unconstitutional on their face as applied.

SECTION 7. Term and Effect. This interim Ordinance is urgently needed for the immediate preservation of the public health, safety or welfare, and shall become effective immediately upon its adoption pursuant to California Government Code Section 36937, and shall be of no further force and effect forty- five ( 45) days following the date of its adoption unless earlier repealed by the City Council or extended in accordance with the provisions set forth in California Government Code Section 65858.

SECTION 8. Publication and Posting. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

PASSED, APPROVED and ADOPTED this
6th
day of May, 2015.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk
Ordinance 25- 01 Page 4 of 5

APPROVED AS TO FORM:

CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, California, do hereby certify that Urgency Ordinance 25- 01 was duly approved and adopted at a regular meeting of the City Council on the
6th day of May, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk
Ordinance 25- 01 Page 5 of 5

ATTACHMENT B

ATTACHMENT C
ORDINANCE 25-04

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, EXTENDING URGENCY ORDINANCE 25-01,

ESTABLISHING A MORATORIUM ON ACCEPTING AND PROCESSING

ANY NEW ENTITLEMENT APPLICATIONS AND/OR ISSUING ANY

PERMITS FOR NEW BATTERY ENERGY STORAGE SYSTEMS (BESS)
WITHIN THE CITY LIMITS FOR A PERIOD OF 10 MONTHS AND 15 DAYS
WHEREAS, the City of Covina, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on May 6, 2025, the City Council adopted Urgency Ordinance 25-01 with a 5-0-0 vote to enact the urgency ordinance for a period of 45 days with the possibility to extend for a period of 10 months and 15 days for the purpose of accepting and processing ay new entitlement applications and/or issuing any permits for new batter energy storage systems (BESS) within city limits; and
WHEREAS, on June 5, 2025, a public notice was published for the June 17, 2025, City Council meeting to consider extending the Urgency Ordinance; and WHEREAS, in general, a Battery Energy Storage Systems (“BESS”) facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand; and WHEREAS, there is a growing demand for BESS facilities in the state of California due to increased demand for renewable electricity to reach the State’s clean energy goals and mechanisms to ensure reliability of the State’s electric system, among other things; and WHEREAS, the City does not have land use policies or standards in place to regulate the location and operation of BESS facilities within the City limits which would address compatibility with surrounding uses and safety among other issues; and WHEREAS, there have been several recent fires at BESS facilities both in California and nationwide. For example, on January 16, 2025, a major fire broke out at an existing BESS facility in the unincorporated community of Moss Landing, prompting evacuations and highway closures in Monterey County; and
WHEREAS, BESS facilities that use lithium-ion batteries create particularly unique fire and explosion hazards. Information suggests that lithium-ion batteries are potentially safe and stable when installed properly, however certain conditions elevate the risk of fire and thermal runaways, such as impact, puncture, or mechanical damage, overcharging, overheating, and/or short circuits; and
WHEREAS, the City of Covina is primarily developed with dense residential and commercial areas. The proposed site would be in close proximity to residential townhomes,

Ordinance 25-04 Page 2 of 4
commercial establishments, light manufacturing operations, and a Metrolink Railway. This situation makes the city particularly vulnerable to hazards such as major fires, explosions, and toxic smoke plumes; and
WHEREAS, given the fairly new technology, lack of long-term study of the performance and risk associated with these facilities, as well as the ever-increasing megawatt capacity of these projects, the City has not had an adequate opportunity to undertake a comprehensive study of the developing technologies and designs such that it can publish appropriate development guidelines for these projects to ensure the public’s welfare and safety; and WHEREAS, the potential for the development of new BESS facilities in the City limits without adequate land use policies and standards in place to implement SB 38 presents a current and immediate threat to the public’s safety and welfare, and the approval of land use entitlements for such a use would result in that threat to public safety and welfare because BESS facilities could result in potentially catastrophic environmental, safety, and economic impacts; and WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifths vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal. Government Code Section 65858 further provides that such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with that Section, for up to an additional 22 months and 15 days; and
WHEREAS, the City Council finds that an extension to the Urgency Ordinance is necessary to allow staff time to research best practices, continue engagement with the LACFD, and consider appropriate policies to address safety concerns while ensuring responsible energy infrastructure planning.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council of the City of Covina finds that all Recitals are true and correct and incorporated herein by reference.

SECTION 2. Urgency Findings. The City Council of Covina hereby finds that there is a current and immediate threat to the public health, safety, and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency measure, which finding is based upon the facts stated in the Recitals above, and in the staff reports dated June 17, 2025 and May 6, 2025, as well as any oral and written testimony at the June 17, 2025 and May 6, 2025 City Council meetings.

SECTION 3. Interim Moratorium on Grid-Scale Battery Energy Storage Systems.

A. Definition of Battery Energy Storage System:

Ordinance 25-04 Page 3 of 4
For purposes of this interim ordinance, a Battery Energy Storage System (BESS) facility is an electrochemical device that charges or collects energy from the grid or a distributed generation system (e.g., power plant) and then discharges that energy at a later time to provide electricity or other grid services when needed. i. BESS facilities can be small-scale “Behind-the-Meter” facilities that are customersited stationary storage systems that are connected to the distribution system on the customer’s side of the utility’s service meter.
ii. In contrast, larger grid-scale “Front-of-the-Meter” facilities are on the utility side of the meter. “Front-of-the-Meter” facilities typically include large-scale energy generation and storage facilities like power plants, wind farms, solar parks, and large-scale energy storage systems.

B. Prohibition on grid-scale “Front-of-the-Meter” BESS facilities:

From and after the date of enactment of the interim ordinance, the establishment, construction, and operation of Battery Energy Storage Systems is prohibited within the city limits of the City of Covina, and no new use permit, variance, building permit, business license, or any other entitlement for this type of use shall be approved or issued for the establishment, construction, or operation of a BESS facility for any location or property, public or private, within the city limits of the City of Covina.

SECTION 4. Exclusions. The provisions of this interim ordinance shall not apply to individually owned single-family residential battery storage, multifamily residential battery storage, or otherwise ancillary battery storage uses that are “Behind-the-Meter” primarily used to meet single customer onsite energy storage needs.

SECTION 5. Compliance with the California Environmental Quality Act (CEQA). The ordinance was reviewed in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) The interim ordinance is not subject to CEQA as it prohibits the use and development of BESS facilities in the City while the City studies appropriate regulations and is therefore not expected to lead to any direct or reasonably foreseeable indirect physical changes in the environment. CEQA Guidelines Section 15060(c)(2). Furthermore, this Interim Ordinance exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment] and CEQA Guidelines Section 15269(c) [exemption for specific actions necessary to prevent or mitigate an emergency]. This ordinance addresses a clear and imminent danger, precluding specified development of BESS facilities in the City to protect life, health, property, and essential public services until appropriate regulations are adopted.

SECTION 6. Severability. If any sections, subsections, sentences, clauses, phrases, or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase, or clause of this Ordinance whether or not any one or more sections, subsections, phrases, or clauses may be declared invalid or unconstitutional on their face as applied.

Ordinance 25-04 Page 4 of 4
SECTION 7. Term and Effect. This Ordinance is urgently needed for the immediate preservation of the public health, safety or welfare, and shall become effective immediately upon its adoption upon a four-fifths vote of the City Council.

SECTION 8. Publication and Posting. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

PASSED, APPROVED and ADOPTED this 17th day of June, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, California, do hereby certify that Urgency Ordinance 25-04 was duly approved and adopted at a regular meeting of the City Council on the 17th day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: June 17, 2025
Title: Public Hearing for the Financing and/or Refinancing of Capital Facilities for the Emanate Health
Presented by: Chris Marcarello, City Manager
Recommendation: Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) in connection with the proposed bonds by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $90,000,000 for the purpose of financing and/or refinancing certain revenue bonds for Emanate Health; and adopt Resolution CC 2025-67.

EXECUTIVE SUMMARY:

The City Council is being requested to hold a public hearing to consider approval of a resolution granting the CSCDA authorization and direction to issue tax-exempt bonds (the “Bonds”) on behalf of Emanate Health (the "Borrower'') to finance and/or refinance capital projects with respect to certain healthcare facilities located in the City of Covina (the “City”) for Inter-Community Hospital (the "Project").

BACKGROUND:

The Project will include the following:
 Inter-Community Hospital Renovation. The renovation at Inter-Community Hospital is a project designed to improve the patient experience and strengthen the facility's connection to the surrounding community.

The design includes upgrading the facade; reconfiguring the facility entrance and lobby to improve wayfinding, including lighting and signage, facilitating access to the inpatient services, outpatient services and the emergency department and support services; creating a centralized waiting area to support specialty services, and connecting facility to the adjacent community, including downtown Covina and the local park.
 Laboratory Remodel. Currently in-progress construction project of pharmacy laboratory remodel at InterCommunity Hospital.  Medication and Anesthesia Automated Dispensing Equipment. This project involves system-wide upgrades to medication and anesthesia dispensing equipment. Specifically, Omnicell is used as an automated medication dispensing system in hospitals to improve efficiency and reduce errors in medication management. It automates tasks like dispensing medications, managing inventory, and tracking usage, allowing pharmacists and nurses to focus on patient care. Automated Dispensing Cabinets provide visibility of stock to prevent overstocking, waste, stock outs, automatic restock based on defined triggers. Omnicell's Digital Ecosystem delivers data intelligence with descriptive (MedXpert) and predictive and prescriptive (Insights) analytics.

The adoption of the resolution will not require the City to be financially obligated nor liable, nor provide any financing to the Project.

DISCUSSION:

Pursuant to Section 147(f) of the Internal Revenue Code of 1982, the Bonds for the Project will be issued by the CSCDA and must be approved by the City due to the Project's location within the territorial limits of the City of Covina.

The CSCDA is a California joint exercise of powers authority established in 1988 and organized under the laws of the State of California (specifically, California Government Code Section 6500 and following), and is sponsored by the League of California Cities and the California State Association of Counties. Over 530 California cities, counties and special districts, have entered into and executed the Agreement to become a member of the CSCDA, including the City, for the sole purpose of issuing revenue bonds for the financing of projects that promote economic development.

The CSCDA's mission is to provide local governments and private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. Since inception, the CSCDA has issued more than $70 billion in tax-exempt debt completing more than 1,600 financings, including approximately $40 billion in qualified 501(c)(3) bonds for more than 300 nonprofit organizations throughout California.

Each financing completed by the CSCDA has been structured so that the local agency completing the TEFRA hearing process has "no liability" with respect to the issuance of bonds or the repayment of any debt service relating to such bonds. More importantly, the local agency completing the TEFRA hearing process is not a party to any of the financing documents relating to the issuance of the bonds nor is it named in any of the disclosure documents describing the bonds or the proposed financing. The City of Covina has no financial obligation and incurs no financial liability for the issuance of the Bonds FISCAL IMPACT:

The City will not be a party to the financing documents. Repayment of the Bonds will not be secured by any form of taxation, or be an obligation of the City. The Bonds will not represent or constitute an obligation of the City, general or otherwise. Pursuant to the governing California statutes, the City will not be responsible for the repayment of the Bonds the CSCDA issues on behalf of the borrower.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

CEQA is not applicable to the TEFRA hearing.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2025-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA.

CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA

STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
REVENUE BONDS (EMANATE HEALTH), SERIES 2025 IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $90,000,000
(THE “BONDS”) FOR THE PURPOSE OF FINANCING AND/OR

REFINANCING THE ACQUISITION, CONSTRUCTION, EQUIPPING,

IMPROVEMENT, RENOVATION, REHABILITATION AND/OR

REMODELING (INCLUDING BY REIMBURSING EXPENDITURES

MADE FOR SUCH PURPOSES) OF HOSPITAL, HEALTH CARE AND

RELATED FACILITIES AND CERTAIN OTHER MATTERS RELATING

THERETO
WHEREAS, Emanate Health, a California nonprofit public benefit corporation (the “Corporation”), has requested that the California Statewide Communities Development Authority (the “Authority”) participate in the issuance of the Bonds in an aggregate principal amount not to exceed $3,000,000 for the acquisition, construction, equipping, improvement, renovation, rehabilitation and/or remodeling of hospital, health care and related facilities (the “Facilities”) to be owned and operated by the Corporation or one of its affiliates (the “Project”) and located within the City of Covina (the “City”); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located or to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority for the purposes of financing and/or refinancing the Project in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Facilities (the “Refunding Bonds”), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

Resolution CC 2025-67 Page 2 of 3

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HERBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves the issuance of the Bonds and Refunding Bonds by the Authority for the purposes of financing and/or refinancing the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds and, to the extent federal tax laws would not require additional consideration or approval by the City Council, the Refunding Bonds by the Authority and of the financing and/or refinancing of the Project, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the issuer of the Bonds and the governmental unit having jurisdiction over the area in which the Facilities are located or are to be located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement.

SECTION 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

SECTION 3. The adoption of this Resolution is solely for the purposes (i) Section 147(f) of the Code and (ii) Section 9 of the Agreement and shall not be construed in any other manner.

The City has undertaken no responsibility or obligation, by virtue of this Resolution, for any costs relating to the issuance of the Bonds or the Refunding Bonds or any other costs relating to the Project to be financed and/or refinanced.

Neither the City nor its staff have fully reviewed or considered the financial feasibility of such Project or the expected financing and/or refinancing or operation of such Project with regards to any State of California statutory requirements. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing to the Corporation for any portion of the Project or any refinancing thereof; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

SECTION 4. This resolution shall take effect immediately upon its adoption.

APPROVED and PASSED this 17th day of June, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

Resolution CC 2025-67 Page 3 of 3

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-67 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 17th day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: June 17, 2025
Title: Breathe Clean Covina Public Health Campaign – Introduction of Ordinance 25-05 Amending Chapter 9.48 (Conduct in Parks)
Presented by: Chris Marcarello, City Manager
Recommendation: That the City Council waive full reading and introduce Ordinance 25-05, entitled “An Ordinance of the City Council of the City of Covina Updating Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code, and Finding the Ordinance to be Exempt Under the California Environmental Quality Act (CEQA)”.

EXECUTIVE SUMMARY:

Currently, the Covina Municipal Code Section 9.48 (Conduct in Parks) prohibits smoking in all public parks/open spaces within City limits. As proposed, the City Council will consider additional smoking prohibitions to include public events and establishing smoking distance thresholds near public buildings.

DISCUSSION:

In 2022, a local public health advocacy group – Breathe Clean Covina (“BCC”) – was awarded grant funding for the purpose of reviewing local smoking regulations in public areas and engaging members of the community on the health risks associated with secondhand smoke. BCC’s work included a comparison of the City’s regulations to other communities, a community survey and compiling proposed regulations for the City to consider.

According to the Los Angeles County Department of Public Health (“DPH”), secondhand smoke is the third leading cause of preventable death the U.S. Adverse health effects of secondhand smoke include heart disease, lung and nasal sinus cancer, and respiratory illness. Additionally, the creation of smoke-free environments has added benefits of changing social norms around tobacco use, including decreasing opportunities for youth modeling smoking behavior.

In early 2025, the City Council was approached by BCC in regards to the City’s smoking regulations.

Subsequently, representatives from BCC met with City staff to explore opportunities to strengthen local guidelines and reduce the public’s exposure to secondhand smoke. Following this dialogue, the following amendments have been drafted for the City Council’s further consideration:
 Revising the title of Chapter 9.48 to read as follows: Chapter 9.48 (Conduct in Parks and City Facilities)  Revising Section 9.48.225 to include the prohibition of smoking at City-sponsored special events, in public parking lots and establishing a 20-foot smoking buffer adjacent to public facilities/transit stops as follows:
 Smoking is hereby prohibited in all public parks, at City-sponsored special events, in Cityowned public parking lots and within twenty (20) feet of public facilities within the city limits of the city of Covina.
 Continue the existing penalties for violation of these chapters, which may be charged as a misdemeanor or infraction and penalties up to $500 for repeated violations within one year.

Additionally, if approved, staff would work to install updated signage and/or postings at designated City facilities to provide notice to the public about smoking prohibitions.

FISCAL IMPACT:

It is anticipated that the City will incur nominal costs for the creation and installation of signs related to this change. Such costs do not require additional General Fund appropriations.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This action has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15308 and 15061(b)(3). These exemptions apply to regulatory agency actions, as authorized by local ordinances, to assure the maintenance, restoration, enhancement or protection of the environment and that it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

Respectfully submitted,

ATTACHMENT A
ORDINANCE 25-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, UPDATING CHAPTER 9.48 OF THE COVINA

MUNICIPAL CODE TO IDENTIFY ADDITIONAL AREAS WHERE

SMOKING IS PROHIBITED

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the United States Surgeon General, the United States Centers for Disease Control, and the California Environmental Protection Agency have each concluded that involuntary smoking by inhaling second-hand smoke poses a significant public health hazard and can cause lung cancer and heart disease; and
WHEREAS, the California Legislature enacted the “California Occupational Safety Health Act of 1973 in order to assure safe and healthful working conditions in California by, in part, limiting and/or prohibiting the smoking of tobacco products in “enclosed places of employment”; and
WHEREAS, California Labor Code section 6404.5 explicitly provides that any place not defined as a “place of employment” or other area where the smoking of tobacco products is not regulated by Labor Code section 6404.5(e) “shall be subject to local regulation of smoking of tobacco products”; and
WHEREAS, the California Legislature enacted the California Indoor Clean Air Act of 1976 and limited and/or prohibited smoking within certain specified areas frequented by the public in an effort to combat the health impact of tobacco smoking; and WHEREAS, California Health and Safety Code section 118910 explicitly provides that a local governing body may ban completely the smoking of tobacco, or may regulate smoking in any manner not inconsistent with the Indoor Clean Air Act or any other provision of state law; and WHEREAS, the City Council received a presentation on February 18, 2025 concerning the need for revisions to the City’s existing smoking restrictions found in Chapter 9.48 of the Covina Municipal Code; and
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following:

Ordinance 25-05 Page 2 of 5

1. The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone;

2. Tobacco use causes disease in nearly all organ systems and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths in the United States;

3. Despite significant progress, tobacco use remains the leading cause of preventable death and disease in the United States; and
WHEREAS, tobacco use is the number one cause of preventable death in California and continues to be an urgent public health issue, as evidenced by the following:

1. An estimated 40,000 California adults die from smoking annually;

2. Research indicates that more than 25% of all adult cancer deaths in California are attributable to smoking; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:

1. In 2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to secondhand smoke;

2. In 2006, the California Air Resources Board identified secondhand smoke as a toxic air contaminant, in the same category as the most toxic automotive and industrial air pollutants, and a serious health threat for which there is no safe level of exposure;

3. In 2006, the California Environmental Protection Agency added secondhand smoke to the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the following:

1. Levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous, depending on direction and amount of wind, number and proximity of smokers, and enclosures like walls or roofs;

2. Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States EPA’s Air Quality Index;

3. To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move at least 20 feet away from the source of the smoke, about the width of a two-lane road; and

Ordinance 25-05 Page 3 of 5
WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:

1. Research has found electronic smoking device aerosol contains at least 12 chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;

2. Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;

3. Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;

4. Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences serious concerns; and
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:

1. The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer;

2. Cannabis smoke contains at least 33 known carcinogens;

3. In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance;

4. A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects; and
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and can reduce medical costs; these outcomes, consistently demonstrated in peer reviewed research, include the following:

1. Reduced prevalence of tobacco use;

2. Reduced secondhand smoke exposure, as measured by self-report and laboratory analysis of biomarkers or indoor air;

3. Increased cessation of tobacco use;

Ordinance 25-05 Page 4 of 5

4. Reduced initiation of tobacco use among young people;

5. Fewer hospitalizations from tobacco-related diseases, such as asthma and cardiovascular disease.

SECTION 2. Chapter 9.48 of the Covina Municipal Code is hereby amended as follows:

Section 9.48.020 is amended to include the following definitions:
“PUBLIC EVENT AREA. Any publicly-owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival.

PUBLIC FACILITY. Any publicly-owned place building, parking lot, kiosk, bus stop or transit shelter that is open to the general public.”
Section 9.48.225 is amended to include the following language:
“Smoking is hereby prohibited in all public parks, at City-sponsored special events, in Cityowned public parking lots and within twenty (20) feet of public facilities within the city limits of the city of Covina.”
SECTION 3. The Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment. This exemption applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Ordinance is also exempt from CEQA pursuant to Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. City Clerk Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places with the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Ordinance 25-05 Page 5 of 5
PASSED, APPROVED, and ADOPTED this __ day of ____, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 25-05 was introduced for first reading at a regular meeting on the __ day of ____, 2025. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the __ day of ____, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT B
Chapter 9.48
CONDUCT IN PARKS AND CITY FACILITIES1
Sections:

9.48.010 Definitions.

9.48.020 Compliance.

9.48.040 Deputy or authorized person.

9.48.050 Rules and regulations.

9.48.060 Enforcement authority.

9.48.070 Restrictions on games.

9.48.075 Bicycles, skates, skateboards prohibited where sign is posted.

9.48.076 Pedestrian right-of-way.

9.48.077 Skate park regulations.

9.48.079 Reserved.

9.48.080 Golf prohibited.

9.48.085 Bounce houses prohibited.

9.48.086 Exemption.

9.48.087 —

9.48.089 Reserved.

9.48.090 Harmful objects.

9.48.100 Rubbish.

9.48.110 Shooting.

9.48.120 Firecrackers, etc.

9.48.130 Structure, flora, turf, etc.

9.48.135 Use of metal detectors at parks.

9.48.136 Metal detector permit.

9.48.137 —

9.48.139 Reserved.

9.48.140 Fires.

9.48.150 Disturbances.

9.48.155 Sound amplification.

9.48.156 Exemption.

9.48.157 Special sound permit.

9.48.158 —

9.48.159 Reserved.

9.48.160 Animals.

9.48.165 Dogs.

9.48.166 —

9.48.169 Reserved.

9.48.170 Changing clothes.

9.48.180 Nudity and disrobing.

9.48.190 Motor vehicles.

9.48.200 Solicitation.

9.48.210 Intoxication.

9.48.220 Alcoholic beverages, narcotics and dangerous drugs.

9.48.225 Smoking prohibited.

9.48.226 Disposal of cigars, cigarettes, pipes.

9.48.227 Free passage shall not be obstructed or hindered.

9.48.228 Bulky items, tents and storage of personal property in parks.

9.48.229 Reserved.

9.48.230 Overnight camping.

9.48.240 House trailers.

9.48.250 Obedience to park authorities.

9.48.260 Hours of use.

9.48.270 Liability.

9.48.280 Grazing.

9.48.290 Molesting animals.

9.48.300 Swimming.

9.48.310 Children visiting park waters.

9.48.320 Model airplanes, etc.

9.48.325 Signage and posting.

9.48.330 Penalty for violation.

9.48.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. “Alcoholic beverages” includes alcohol, spirits, liquor, wine, beer and every liquid containing onehalf of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

B. “Bicycle” means a device upon which any person may ride, propelled exclusively by human power, except as provided in Section 312.5 of the California Vehicle Code, through a belt, chain, or gears, and having one or more wheels. An electric bicycle is a bicycle.

C. “Director” means a person immediately in charge of any park area and its activities, and to whom all park or recreation personnel of such area are responsible, or other person authorized by him, pursuant to law, to act in his stead.

D. “Motor vehicle” means any multi-wheeled, treaded, or sled-type vehicle that is propelled by a motor or engine. “Motor vehicles” includes any commonly known as a “motorized recreation vehicle,” and any self-propelled vehicle that is presently defined by Sections 400 and 405 of the Vehicle Code of the state as a motorcycle or motor-driven vehicle.

E. “Narcotics and dangerous drugs” means those narcotics and drugs listed or defined in the Health and Safety Code of the state as now or hereafter amended.

F. “Park” means a park, reservation, playground, recreation center or any other area in the city, owned, managed, used or controlled by the city, and devoted to active or passive recreation. “Park” shall include the entire site of the park, including, without limitation, all structures thereon, any parking lots, and any public sidewalk adjacent to the park site.

G. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

H. “Public Event Area” means any publicly-owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair or festival.

I. “Public Facility” means any publicly-owned building, parking lot, kiosk, bus stop or transit shelter that is open to the general public.

J. “Roller skate” or “in-line skate” means any shoe, boot or other footwear to which one or more wheels are attached and includes roller blades.

K. “Scooter” means any platform of any composition or size mounted between two or more wheels with an upright steering handle attached thereto.

L. “Smoke” or “smoking” means possessing, carrying, holding or burning of a cigarette, cigar, pipe, or any other lighted smoking product or equipment used to burn any form of tobacco, weed, plant or any other similar combustible substance. “Smoke” or “smoking” also includes inhaling, exhaling or emitting the fumes of any lighted cigarette, cigar, pipe, or any other lighted smoking product or equipment used to burn any form of tobacco, weed, plant, or any other similar combustible substance.

M. “Skateboard” means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels.

N. “Other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs being used for recreational purposes. (Ord. 24-03 §§ 3, 4, 2024; Ord. 11- 1995 § 1, 2011; Ord. 92-1745 § 1, 1992.)

9.48.020 Compliance.

A person shall not enter, be or remain in a park unless he complies with all of the regulations set forth in this chapter applicable to such park and with all other applicable laws, ordinances, rules and regulations. A violation of any provision of this chapter or of any other applicable law, ordinance, rule or regulation, in addition to any other penalty provided for in this chapter or by any other law, shall result in the person so violating being a trespasser ab initio, and the director, or person designated by him to act in his stead, or any peace officer may eject such person from the park. (Ord. 92-1745 § 1, 1992.)

9.48.040 Deputy or authorized person.

Whenever a power is granted to, or a duty is imposed upon, the director or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized, pursuant to law, by the director except as otherwise provided by this chapter. (Ord. 92- 1745 § 1, 1992.)

9.48.050 Rules and regulations.

The council may, by resolution, adopt rules and regulations governing conduct in, and the operation of, parks within the city. All city functions shall have priority use of all park facilities. (Ord. 92-1745 § 1, 1992.)

9.48.060 Enforcement authority.

The director and chief of police shall enforce the provisions of this chapter. (Ord. 92-1745 § 1, 1992.)

9.48.070 Restrictions on games.

No person in a park shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as tackle football or hockey is prohibited except on the fields and courts or areas specifically designated for such purpose by the director. (Ord. 11-1995 § 2, 2011; Ord. 92-1745 § 1, 1992.)

9.48.075 Bicycles, skates, skateboards prohibited where sign is posted.

A. It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard or similar coaster device upon any park so long as such sign is posted so as to give reasonable notice of such prohibition.

B. It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard, or similar coaster device upon any park’s walls, steps, stairways, railings, benches, access ramps, driveways or parking lots, except as permitted at the Covina Skate Park as established by regulations in CMC 9.48.077. (Ord. 24-03 § 5, 2024; Ord. 11-1995 § 3, 2011.)

9.48.076 Pedestrian right-of-way.

Any person lawfully riding in, on, or by means of a bicycle, in-line skates, roller skates, scooter, skateboard, or similar coaster device shall yield the right-of-way to any pedestrian. (Ord. 11-1995 § 3, 2011.)

9.48.077 Skate park regulations.

The following regulations apply to the Covina Skate Park (the “skate park”) located at Wingate Park at 735 N. Glendora Avenue, Covina, CA 91724. These regulations shall be posted at the skate park:

A. This is an unsupervised skate park. Use at your own risk.

B. The skate park is intended for skateboards, scooters, in-line skates and roller skates.

C. No bicycles, unicycles, tricycles or other wheeled recreational devices, except those expressly authorized in subsection (B) of this section, are permitted in the skate park, except at times when

the city has specifically authorized the use and operation of such other wheeled recreational devices at the skate park.

D. Metal wheels or any other equipment that could damage the skating surface are prohibited.

E. All users must wear helmets, elbow pads, and knee pads at all times.

F. Users under 12 years of age must be accompanied by an adult.

G. Smoking, vaping, consuming alcohol, and/or using drugs prohibited.

H. Graffiti, tagging, stickers, or etching prohibited.

I. Food, drinks, and glass containers are prohibited inside the skate park.

J. Changing, altering, modifying or lubricating permanent apparatuses is prohibited.

K. Introducing additional apparatuses to the skate park is prohibited.

L. Use of the skate park is deemed a hazardous recreational activity, which may result in death, paralysis, brain damage, concussion, broken bones, or other serious injury. User must be aware of their ability and limits. All users and spectators accept and assume liability for any and all injuries or death.

M. Use of the skate park when hazardous conditions exist is prohibited.

N. All organized events must have written approval from the director.

O. The skate park will be open daily from dawn to dark, unless otherwise posted by the director. No trespassing is allowed when the skate park is closed.

P. Persons failing to comply with regulations stated above, including but not limited to failure of a person riding a skateboard or other wheeled recreational device in the facility to wear a helmet, elbow pads, and knee pads, are subject to citation pursuant to CMC 9.48.330.

Q. The director is authorized to post additional rules that they determine are necessary for the safe operation of the skate park. (Ord. 24-03 § 6, 2024.)

9.48.078 Reserved.
(Ord. 11-1995 § 3, 2011.)

9.48.079 Reserved.
(Ord. 11-1995 § 3, 2011.)

9.48.080 Golf prohibited.

It is unlawful for any person to drive, chip or pitch golf balls or to play the game of golf in any public park within the city. This section shall not apply to activities conducted and supervised by the parks and recreation department. (Ord. 92-1745 § 1, 1992.)

9.48.085 Bounce houses prohibited.

Bounce houses, astro jumps, jumpers, moonwalks or other similar, temporary play structures designed to be inflated are prohibited in all parks. (Ord. 11-1995 § 4, 2011.)

9.48.086 Exemption.

City-sponsored events and activities conducted on any park are exempt from the prohibition of CMC 9.48.085. (Ord. 11-1995 § 4, 2011.)

9.48.087 Reserved.
(Ord. 11-1995 § 4, 2011.)

9.48.088 Reserved.
(Ord. 11-1995 § 4, 2011.)

9.48.089 Reserved.
(Ord. 11-1995 § 4, 2011.)

9.48.090 Harmful objects.

A person shall not place, throw, leave, keep or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged thereby. (Ord. 92-1745 § 1, 1992.)

9.48.100 Rubbish.

A person shall not throw, place or dispose of any garbage, refuse, wastepaper, bottles, or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose. (Ord. 92-1745 § 1, 1992.)

9.48.110 Shooting.

A person shall not discharge or shoot any firearms, air gun, slingshot, or bow and arrow in any park except at ranges designated for such purpose by the director. (Ord. 92-1745 § 1, 1992.)

9.48.120 Firecrackers, etc.

A person shall not take or transport into any park, or have in his possession therein, or fire or discharge therein, any firecracker, rocket, torpedo, fireworks, or other explosive substance unless he first obtains a permit to do so from the city and complies with all other applicable ordinances. (Ord. 92-1745 § 1, 1992.)

9.48.130 Structure, flora, turf, etc.

Except as otherwise provided in CMC 9.48.135, a person, other than a duly authorized park employee, approved landscape contractor, or others as authorized by the director in the performance of his duties, shall not do the following:

A. Dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, grass, fruit, or flower or any portion thereof growing in any park;
B. Remove any wood, turf, grass, soil, rock, sand or gravel from any park; C. Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in any park or any portion thereof; or mark or place thereon or on any portion thereof any mark, writing, or printing; or attach thereto any sign, card, display or other similar device. (Ord. 11-1995 § 5, 2011; Ord. 92-1745 § 1, 1992.)

9.48.135 Use of metal detectors at parks.

The use of metal detector devices is permitted in any park under the following conditions:

A. A person wishing to use a metal detector device must apply for and obtain a permit from the director prior to using a metal detector in any park.

B. Metal detectors are limited to portable, hand-held devices only. Digging equipment is limited to small hand tools; all motorized digging devices are prohibited.

C. Any digging may be done only to a maximum depth of three inches. Any area disturbed by digging must be restored as nearly as possible to its original condition immediately before the person leaves the area.

D. A person using a metal detector is required to use a trash apron to store all materials found. The collector may retain articles found, subject to subsection (E) of this section. Any material the person does not wish to retain shall be placed in an approved waste receptacle. Any material that may pose a safety hazard to other park users shall be reported to the director.

E. No person shall collect, excavate, remove, injure, disfigure, deface, destroy or appropriate any object of archaeological, or historical interest or value except with written permission of the director. (Ord. 11-1995 § 6, 2011.)

9.48.136 Metal detector permit.

The director is hereby authorized to and shall establish procedures for the issuance, suspension, and revocation of permits for the use of metal detector devices in any park. (Ord. 11-1995 § 6, 2011.)

9.48.137 Reserved.
(Ord. 11-1995 § 6, 2011.)

9.48.138 Reserved.
(Ord. 11-1995 § 6, 2011.)

9.48.139 Reserved.
(Ord. 11-1995 § 6, 2011.)

9.48.140 Fires.

A person shall not light or maintain any fire in any park other than in a stove area circle, or area designated for such purpose, except upon written authorization from the city. All fires lighted or maintained pursuant to this section shall be in compliance with all applicable rules and regulations of the Covina fire department. (Ord. 92-1745 § 1, 1992.)

9.48.150 Disturbances.

A person shall not disturb the peace and quiet of any park by any of the following:

A. Unduly loud or unusual noise; or
B. Tooting, blowing, or sounding any siren, horn, signal, or noise-making device; or C. Any obscene, violent, or riotous conduct; or
D. The use of any vulgar, profane, or indecent language. (Ord. 92-1745 § 1, 1992.)

9.48.155 Sound amplification.

It is unlawful for any person to use sound amplifiers, speakers or similar devices in any park in such a manner that the sound is amplified so as to be audible at a distance of 150 feet or more, unless a special sound permit is obtained from the director. (Ord. 11-1995 § 7, 2011.)

9.48.156 Exemption.

City-sponsored events and activities conducted on any park are exempt from the prohibition of CMC 9.48.155; however, the city shall reasonably address noise impacts at city-sponsored events. (Ord. 11-1995 § 7, 2011.)

9.48.157 Special sound permit.

The director is hereby authorized to and shall establish procedures for the issuance, suspension, and revocation of special sound permits for the use of sound amplifiers, speakers or similar devices in any park. Such procedures shall be established and implemented on a content neutral basis. (Ord. 11-1995 § 7, 2011.)

9.48.158 Reserved.
(Ord. 11-1995 § 7, 2011.)

9.48.159 Reserved.
(Ord. 11-1995 § 7, 2011.)

9.48.160 Animals.

A person shall not bring into any park any cattle, horse, mule, goat, sheep, swine, cat, or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the director. (Ord. 11-1995 § 10, 2011; Ord. 92-1745 § 1, 1992.)

9.48.165 Dogs.

Dogs are allowed in all city parks subject to the following rules and regulations:

A. All dogs must be securely restrained by a leash not exceeding six feet in length, of sufficient strength to prevent the escape of such dog at all times.

B. All dogs must be at least four months of age, vaccinated for rabies, currently licensed by the city’s animal control authority and wear a collar with current tags while in the park.

C. All dogs must be in the care, custody and control of a person at least 18 years old. Any person under 18 years of age must be accompanied by and be under the direct supervision of an adult to enter the park with the on-leash dog. All dogs must be under the voice control of their caretakers at all times. Dogs shall not be left unattended at any time.

D. No adult may have more than two dogs in the park at any time.

E. Dogs are not permitted in or around child play areas, at organized sporting events or at citysponsored events and activities.

F. Any person having care, custody or control of a dog in the park shall quiet or remove the dog if the dog barks excessively.

G. Any person having care, custody, or control of a dog in the park shall promptly remove and properly dispose of any waste deposited by such dog. The dog owner or caretaker shall carry a suitable container, bag, or instrument for the removal and disposal of dog feces.

H. Dogs shall not interfere with, bother or harass park users, groups, or other animals or wildlife.

I. No dog that is sick, in heat, injured or which displays aggressive behavior toward other dogs or humans is permitted in any park.

J. If signs of aggression occur, the dog must be removed from the park immediately. It shall be the dog owner or caretaker’s responsibility for any of the dog’s actions, even if the dog was provoked by another animal or another person. The dog owner or caretaker shall immediately remove the dog from the park if the dog bites or attempts to bite or attack any person or dog.

K. Any dog which has been repeatedly aggressive or attempted to attack or bite another dog or a person may be barred from any park by notice and order of the city, in its discretion.

L. The presence of a dog in the park shall constitute implied consent of the dog’s owner or any person having the care, custody or control of the dog, to strictly follow the rules of this section and shall constitute a waiver of liability to the city, its elected officials, officers, employees, an assumption of all risks, an agreement and undertaking to protect, indemnify, defend and hold harmless the city, its elected officials, officers, and employees, for any injury or damage to persons or property during any time that the dog is in the park. (Ord. 11-1995 § 11, 2011.)

9.48.166 Reserved.
(Ord. 11-1995 § 11, 2011.)

9.48.167 Reserved.
(Ord. 11-1995 § 11, 2011.)

9.48.168 Reserved.
(Ord. 11-1995 § 11, 2011.)

9.48.169 Reserved.
(Ord. 11-1995 § 11, 2011.)

9.48.170 Changing clothes.

A person shall not change clothes or disrobe in any park except in that portion of a comfort station or other facility, if any, which is designated for such purpose. (Ord. 92-1745 § 1, 1992.)

9.48.180 Nudity and disrobing.

No person shall appear, bathe, sunbathe, walk, change clothes, disrobe, or be in any park in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view, except in those portions of a comfort station, if any, expressly set aside for such purpose. (Ord. 92-1745 § 1, 1992.)

9.48.190 Motor vehicles.

A person shall not bring to or operate in any park any motor vehicle except at such times and at such places as permitted by the director in written regulations or permits issued by him from time to time, and any such operation of a motor vehicle shall be in accordance with the conditions contained in such regulation or permit. A person shall not park any motor vehicle in the park, except in areas designated by the director for parking. (Ord. 92-1745 § 1, 1992.)

9.48.200 Solicitation.

A person shall not solicit in any manner or for any purpose or sell or offer for sale any goods, wares, or merchandise therein except as follows:

A. Pursuant to a concession or other agreement authorized by the city council; and B. When found by the director to be consistent with the policies of the parks and recreation department or to promote the program of the department, under conditions prescribed by him. (Ord. 92-1745 § 1, 1992.)

9.48.210 Intoxication.

A person shall not enter, remain in, or be in any park while he is under the influence of any alcoholic beverage or narcotic or dangerous drug. (Ord. 92-1745 § 1, 1992.)

9.48.220 Alcoholic beverages, narcotics and dangerous drugs.

A person shall not enter, be, or remain in any park while in possession of, transporting, purchasing, selling, giving away, or consuming any alcoholic beverage. A person shall not enter, be, or remain in any park while in possession of, transporting, purchasing, selling, giving away, or consuming any narcotics or dangerous drugs. (Ord. 11-1995 § 12, 2011; Ord. 92-1745 § 1, 1992.)

9.48.225 Smoking prohibited.

Smoking is hereby prohibited in all public parks, at City-sponsored public events, in City-owned public parking lots and within twenty (20) feet of public facilities within the city limits of the city of Covina. (Ord. 11-1995 § 13, 2011.)

9.48.226 Disposal of cigars, cigarettes, pipes.

No person shall dispose of lighted or unlighted cigars or cigarettes, or cigar or cigarette butts, or any other tobacco-related waste in or upon any public park. (Ord. 11-1995 § 13, 2011.)

9.48.227 Free passage shall not be obstructed or hindered.

A. No person or persons shall stand, sit, linger, idle, or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment or public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place.

B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or city employee. (Ord. 19-08 § 1, 2019.)

9.48.228 Bulky items, tents and storage of personal property in parks.

A. Purpose. Parks should be accessible and available to residents and the public at large for their intended recreational uses. Bringing bulky items into a park and the unauthorized use of a park for the storage of personal property interfere with the rights of other members of the public to use parks for their intended purposes and can create a public health or safety hazard that adversely affects the park and those who use the park for recreational activities. The purpose of this section is to maintain parks in a clean, sanitary and accessible condition, to prevent harm to the health or safety of the public, and to promote the public health and safety by ensuring that parks remain readily accessible for their intended recreational uses.

B. Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this section.

1. “Administrative procedures” means the city’s administrative procedures for the removal of personal property approved by city council resolution, as established pursuant to subsection (F)(4) of this section.

2. “Bulky item” means any item that is too large or a group of items that cumulatively are too large to fit in one 60-gallon trash container with the lid closed, including, but not limited to, a mattress, couch, chair or other furniture or appliance. The following items shall not constitute a bulky item: a portable, collapsible picnic chair or table, bicycle or any item listed in the administrative procedures as approved by city council resolution

3. “Personal property” means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication and household items.

4. “Store,” “stored” or “storing” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

5. “Tent” means any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.

C. Prohibition on Bulky Items in a City Park. No person shall bring into any park any bulky item unless the city manager or city manager’s designee approves in writing the bulky item for a cityauthorized special event.

D. Prohibition on Erecting a Tent in a City Park. Except for areas expressly designated for camping, no person shall erect, configure or construct a tent in any park.

E. Prohibition on Attachments. No person shall erect any barrier against or lay string, thread, or filament or join any wires, ropes, chains or otherwise attach any personal property to any of the city’s real or personal property or trees or plants in a park, including, but not limited to, a building or portion or protrusion thereof, playground equipment, sports equipment, exercise equipment, fencing, netting, trash can, gazebo, pagoda, pole, post, bike rack, drinking fountain, sign, table, bench, tree, bush, shrub or plant, without the city’s prior written consent.

F. Prohibition on Storage of Personal Property – Removal of Stored Personal Property.

1. No person shall store personal property in any park.

2. The city may remove stored personal property in accordance with the administrative procedures. This section shall not apply to personal property that remains in the park pursuant to statute, ordinance, regulation, permit, contract or other authorization by the city.

3. In the event personal property placed in a park poses an immediate threat to the health or safety of the public, the city may remove and discard it without prior notice.

4. Establishment of Administrative Procedures. The administrative procedures shall provide the procedures necessary to implement the requirements of this section and, at minimum, shall address the requirements listed below. The city manager is authorized to delegate to other city officials the duty and authority to implement the administrative procedures. a. Pre-Removal Notice. In the event city employees or agents determine that property is being stored on public property, notice of the city’s removal of personal property shall be provided as set forth in the administrative procedures. b. Failure to Remove Stored Personal Property. No person shall fail to remove personal property stored on public property by the time of scheduled removal provided on the written notice posted in accordance with the administrative procedures. c. Storage and Disposal. Personal property which is not removed by the time of scheduled removal set forth on the notice posted pursuant to this section may be removed and stored or disposed of in accordance with the administrative procedures. d. Repossession. As set forth in the administrative procedures, the owner or other person entitled to possession of personal property removed and stored by the city may repossess the personal property prior to its disposal. Personal property not claimed within the time period set forth in the administrative procedures is deemed abandoned.

G. Prohibition on Illegal Dumping. Nothing herein precludes the enforcement of any law prohibiting illegal dumping, including, but not limited to, California Penal Code Section 374.3, or any successor statutes proscribing illegal dumping.

H. Limitation on Applicability. This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes. (Ord. 19-08 § 2, 2019.)

9.48.229 Reserved.
(Ord. 11-1995 § 13, 2011.)

9.48.230 Overnight camping.

A person shall not camp or sleep overnight in any park, except when authorized by the director. (Ord. 92-1745 § 1, 1992.)

9.48.240 House trailers.

A person shall not bring a house trailer or other recreation travel-trailer-type vehicle which can be used for overnight sleeping purposes into any park, except when authorized by the director. (Ord. 92-1745 § 1, 1992.)

9.48.250 Obedience to park authorities.

No person in a park shall:

A. Fail to obey the directions of the director or other park attendants to cease and desist from any activities prohibited by this chapter, or by rules and regulations adopted pursuant to CMC 9.48.050; B. Fail to leave any park premises when directed to do so by the director or other park or recreation personnel because of such violation; or
C. Return to the park on the same calendar day after having complied with a direction to leave the park. (Ord. 92-1745 § 1, 1992.)

9.48.260 Hours of use.

It is unlawful for any person to remain, stay or loiter in any park, other than Covina, Hollenbeck and Kelby Parks, or building therein, between the hours of 10:00 p.m. and 5:00 a.m. the following day, and, as to Covina, Hollenbeck and Kelby Parks between the hours of 10:30 p.m. to 5:00 a.m. the following day, without special permission from the director of parks and recreation, or his authorized representative. (Ord. 92-1745 § 1, 1992.)

9.48.270 Liability.

A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the city, its officers, employees, and agents for death or injury to persons or damage to property resulting therefrom. (Ord. 92-1745 § 1, 1992.)

9.48.280 Grazing.

A person shall not permit any cattle, horses, goats, sheep, swine or any domestic animal to graze in the park, except on property designated for such purposes. (Ord. 92-1745 § 1, 1992.)

9.48.290 Molesting animals.

A person shall not molest, hunt, disturb, injure, shoot at, take, net, poison, wound, harm, kill, or remove from the park or riding and hiking trail any kind of animal except as follows:

A. When necessary to avoid bodily harm;
B. When fishing is permitted by the director pursuant to the provisions of this chapter. (Ord. 92- 1745 § 1, 1992.)

9.48.300 Swimming.

A person shall not swim in any park waters except at places and times designated by the director. (Ord. 92-1745 § 1, 1992.)

9.48.310 Children visiting park waters.

No parent or guardian or any person having the custody of any child under the age of eight years shall cause, permit or allow such child to enter or visit any park having a body of water within the boundaries of such park, unless such child is accompanied by a person of not less than 16 years of age. (Ord. 92-1745 § 1, 1992.)

9.48.320 Model airplanes, etc.

A person shall not operate model airplanes, boats, or crafts except in areas designated for such use and subject to all rules and regulations contained in such written permission. (Ord. 92-1745 § 1, 1992.)

9.48.325 Signage and posting.

In order to provide reasonable notice to the public, the director shall post signs in one or more conspicuous and visible area(s) of any park, specifying the requirements of CMC 9.48.070, 9.48.075, 9.48.076, 9.48.085, 9.48.130, 9.48.135, 9.48.155, 9.48.220, 9.48.225, 9.4

8.226 and other prohibited activities described in this chapter. The signs required pursuant to this section shall cite the respective code section being invoked and shall state that any person failing to comply with such code section shall be subject to citation or other applicable enforcement authority available to the city. The manner of such posting, including the wording, size, color, design and place of posting, shall be determined by the director. (Ord. 11-1995 § 14, 2011.)

9.48.330 Penalty for violation.

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.16 CMC. The violation may be charged as an infraction. Upon conviction of an infraction, said person shall be punished by:

1. A fine of not more than $100.00 for a first violation;

2. A fine of not more than $200.00 for a second violation of the same provision of this chapter within one year;

3. A fine of not more than $500.00 for each additional violation of the same provision of this chapter within one year.

B. Any person who violates any provision of this chapter shall be guilty of violating the Covina Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.26 CMC in addition to any other available penalty provisions or enforcement mechanisms.

C. Other Remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of CMC Title 1 or Chapter 8.40 CMC.

D. A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the director on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued or permitted. (Ord. 19-08 § 3, 2019; Ord. 92-1745 § 1, 1992.)

Breathe Clean Covina
Smoke-Free Outdoor Air
Decision Maker Kit

ATTACHMENT B

TableofContents
Breathe Clean Covina (How you can
make a difference) Flyer
State Of Tobacco Control 2024 -
California Local Grades
Everyone Deserves To Breathe Clean
Air Fact Sheet
Smoke-Free Outdoor Area Ordinance
Map
Public Opinion Survey Results
Comprehensive Smokefree Place
Ordinance Checklist
Tobacco-Free Outdoor Area Model
Ordinance
2 3
5 6
8 9
1

FOR MORE INFORMATION ON THE COALITION OR TO BECOME A
MEMBER, PLEASE CONTACT:

Belinda Campos Bresnahan, MPH
Community Engagement Coordinator
[email protected]
Breathe
Clean Covina

CALLING ALL COVINA
RESIDENTS!
HOW YOU CAN MAKE A DIFFERENCE:

Join Our Coalition
Learn More About Secondhand Smoke in
Outdoor Areas
Educate Community Members
Sign a Petition
Write a Letter of Support
©2023. California Department of Public Health. Funded under contract #CTCP-21-19.

EVERYONE DESERVES TO

BREATHE CLEAN AIR
increased risk of
coronary heart disease,
stroke, or lung disease
from secondhand smoke
exposure.2,5
There is no safe level of exposure to
secondhand smoke. Brief exposure can cause
harmful health effects.1
Nicotine
Heavy metals (e.g., Nickel, Tin, and Lead)
Cancer-causing chemicals and flavorings
Volatile Organic Compounds (VOCs)
(e.g., formaldehyde)
Ultrafine particles
1in 4 adult cancer deaths
in California are caused
by cigarette smoking.4
Estimated number of
deaths each year of
non-smokers exposed to
secondhand smoke. 41,000 2
30%
Up to
Secondhand smoke or secondhand aerosols
come from burning or heating tobacco products,
like cigarettes, cigars, hookahs, pipes, or electronic
cigarettes (e-cigs).2
Non-tobacco users are exposed to the same
cancer-causing substances and poisons inhaled
by smokers and vape users.2,3
dangerous chemicals
are found in cigarette
smoke. 7,000 1,2
Over
E-cigarettes aerosols contain6...

Harmful Chemicals and Substances
Found in Secondhand Smoke and Aerosols
70 chemicals are known
to cause cancer.
1,2
Children and infants are most vulnerable to the
negative effects of secondhand smoke, which can
cause sudden infant death syndrome (SIDS),
respiratory infections, ear infections, and asthma
attacks.1,3

of California residents
prefer to dine in a
smokefree restaurant
with outdoor seating. 84% 7

OUTDOOR SMOKEFREE POLICIES

PROTECT EVERYONE
Local ordinances or smokefree policies protect and
provide everyone the right to breathe clean air.

These policies can also:

Number of cities and
jurisdictions in LA County
with a smokefree outdoor 39 dining ordinance.

Reduce exposure to secondhand smoke in
outdoor public areas and improve air quality.

Prevent the initiation of tobacco use among
youth and young adults, and help people to
stop smoking.

Result in higher levels of compliance when
people are aware that smokefree policies
exists.

Quit Smoking/Vaping Free Services
*Comprehensive smokefree outdoor ordinance includes
at least five major outdoor areas: outdoor dining areas, entryways, public events, service areas, sidewalks,
worksites, golf courses, or parks.

Number of cities and
jurisdictions in LA County
with a comprehensive
smokefree outdoor
ordinance*.
24 © 2023. California Department of Public Health. Funded under contract # CTCP-21-19.

English (800) 300-8086
Spanish - Español (800) 600-8191
Chinese - 中國人 (800) 838-8917
Korean - 한국인 (800) 556-5564
Vietnamese - Tiếng Việt (800) 778-8440
To quit vaping, text “Quit Vaping” to 66819
LAQuits.com
kickitca.org
References

1. US Department of Health and Human Services. A Report of the Surgeon General: How Tobacco Smoke Causes Disease: What It Means to You. Atlanta, GA: US Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2010.

2. US Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General. Atlanta, GA: US Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2014.

3. US Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta, GA: US Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2006.

4. Lortet-Tieulent J, Sauer AG, Siegel RL, et al. State-level cancer mortality attributable to cigarette smoking in the United States. JAMA Intern Med. 2016;176(12):1792–1798. doi:10.1001/jamainternmed.2016.6530.

5. DiGiacomo SI, Jazayeri MA, Barua RS, Ambrose JA. Environmental Tobacco Smoke and Cardiovascular Disease. Int J Environ Res Public Health. 2018;16(1):96. doi: 10.3390/ijerph16010096.

6. US Department of Health and Human Services. E-cigarette use among youth and young adults:
a report of the Surgeon General. Atlanta, GA: US Department of Health and Human Services, CDC; 2016.

7. California Department of Public Health. California Adult Tobacco Survey, 2018. Page 268 of 307

Comprehensive Smokefree Places Ordinance Checklist
Your community has a range of policy choices to consider when designing a local ordinance regulating smoking and tobacco use in indoor and outdoor areas. The options below are based on ChangeLab Solutions’ Comprehensive Smokefree [and Tobacco Free] Places Ordinance. Policy provisions that ChangeLab Solutions considers essential already include a check mark. Contact us for help drafting an ordinance based on your community’s choices.

POLICY OPTIONS
What is Regulated
R Smoking (including the use of tobacco products that produce smoke and the use of electronic smoking devices) R Cannabis, medicinal and/or adult-use
£ Use of other tobacco products that do not produce smoke or vapor (eg, chewing tobacco, snus) Where Smoking or Tobacco Use Is Prohibited
Indoor:

R Places of Employment
£ Except in up to 10% of hotel/motel guest rooms
£ Except in retail tobacco shops that meet certain criteria £ Except in theatrical productions
R Multi-Unit Residence Common Areas
R Public Places
Outdoor:

R Recreational Areas
R Service Areas
R Dining Areas
R Places of Employment
R Multiunit Residence Common Areas
R Except for designated “smoking area” that meets certain criteria £ Other Public Places
£ Only Public Places when being used for a public event £ Excluding streets and sidewalks being used in their traditional capacity R Within a Reasonable Distance of [eg, 25 feet] from any vent into an Enclosed Area where smoking is prohibited £ Within a Reasonable Distance of [eg, 25 feet] from any Unenclosed Area where smoking is prohibited Additional Provisions
R Require that No Smoking signs be posted
£ Prohibit ash cans and ashtrays from being placed within an area where smoking is not permitted £ Require property owners and managers to prevent patrons and guests from illegally using tobacco Enforcement Provisions
R Designate that the ordinance will be enforced by _____ but also enforceable by peace officer or code enforcement officer
R Declare violations based on illegal smoking [or tobacco use] to be infractions with a fixed fine amount of $________ (cannot be more than $100 for a first violation)
£ Allow the city or county to file a civil action for any violation:
£ Seeking monetary fine (civil fine can be up to $1,000) £ Seeking injunctive relief or nuisance abatement
£ Declare that violation of the ordinance constitutes a nuisance £ Allow private citizens to get an injunction against individuals or businesses for repeat violations of the ordinance

www.publichealthlawcenter.org
April 2023 SMOKE-FREE
PLACES
This model ordinance was prepared for municipalities and counties in New York State interested in creating tobacco-free and vape-free outdoor areas in their jurisdictions.

Over the last decade, many communities in New York State have passed commercial tobaccofree laws or regulations that cover outdoor areas such as parks, recreational facilities, beaches, outdoor workplaces, restaurant and bar patios, transit waiting areas, and public events such as county fairs and farmers’ markets.1
As of January 2023, more than 500 municipalities in New York State have made outdoor recreation areas tobacco-free.2 1 The Public Health Law Center recognizes that traditional and commercial tobacco are different in the ways they are planted, grown, harvested, and used. Traditional tobacco is and has been used in sacred ways by Indigenous communities and tribes for centuries. In comparison, commercial tobacco is manufactured with chemical additives for recreational use and profit, resulting in disease and death. For more information, visit http://www.keepitsacred.itcmi.org. When the word “tobacco” is used throughout this document, a commercial context is implied and intended. 2 Benefits of Tobacco-Free Spaces, Tobacco Free NYS, https://tobaccofreenys.org/the-issue/tobacco-use-where-we-play (last visited Jan. 21, 2023).

Model Ordinance

TOBACCO-FREE

OUTDOOR AREAS

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 2 This model ordinance is based on an independent and objective analysis of the relevant law, evidence, and available data, as well as work done for the New York State Department of Health. The model offers cities and counties several options to tailor the ordinance to meet local needs. Readers should consider all the evidence and decide for themselves which approach is appropriate for their tobacco-free and vape-free outdoor area needs.

Policy Benefits
Public Health Impact. Tobacco use is the number one cause of preventable death in New York State.3
Secondhand smoke has repeatedly been identified as a health hazard, and the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke.4 In New York State, over 1,400 deaths per year are attributable to secondhand smoke exposure.5 The New York State Department of Health recognizes the toxicity of secondhand smoke.6 Research has shown that when smokers were present, concentrations of secondhand smoke levels in outdoor areas could be similar to those in indoor areas that allowed smoking.7 Many
studies have also found that secondhand smoke exposure outdoors can become hazardous, depending on the direction and amount of wind, number and proximity of smokers, and enclosures such as walls or roofs.8
Jurisdictions pursuing a tobacco-free and vape-free policy may wish to consider adding smokeless tobacco and nicotine products to it. Smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease. This includes nicotine addiction, many types of cancers, and increased risk for heart disease and stroke.9 Including smokeless tobacco
and nicotine products in an outdoor areas ordinance provides a comprehensive approach to 3 U.S. Dep’t of Health & Hum. Servs., The Health Consequences of Smoking: 50 Years Of Progress, A Report of The Surgeon General (2014), https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 4 U.S. Dep’t of Health & Hum. Servs., The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General (2006), https://www.ncbi.nlm.nih.gov/books/NBK44324. 5 Cigarette Smoking and Secondhand Smoke, N.Y. State Dep’t Health (Nov. 2022), https://www.health.ny.gov/prevention/ tobacco_control.
6 Id.
7 Cal. Air Res. Bd., Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant, Part A:

Exposure Assessment (Appendix III) (June 24, 2005), https://ww2.arb.ca.gov/sites/default/files/classic/toxics/id/ summary/etspt_a.pdf.
8 See sources cited in attached Model Policy infra notes 12–14. 9 See, e.g., Int’l Agency for Rsch. on Cancer (IARC), World Health Org., Smokeless Tobacco and Some Tobacco-Specific N-Nitrosamines, 89 IARC Monographs on the Evaluation of Carcinogenic Risks to Humans (WHO, Int’l Agency for Rsch. on Cancer ed., 2007), https://publications.iarc.fr/107.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 3 promoting New York State’s tobacco- and nicotine-free social norm and removes the need to dispose of product containers and waste, such as pouches and spit.

By eliminating the sight and smell of tobacco, outdoor tobacco-free laws also help those who trying to quit tobacco use. As with all tobacco-free policies, these measures send a message to children and youth that tobacco use is not an acceptable behavior or a norm in the community.

E-cigarettes. As electronic smoking devices, such as e-cigarettes and other vapor products, have proliferated and youth usage has soared, many localities have expanded or amended their outdoor clean air measures to prohibit the use of any tobacco product, including e-cigarettes. Electronic smoking device aerosol is not harmless water vapor. Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and thus likely poses a risk to human health.10 Environmental Impact. Discarded cigarette butts are non-biodegradable and can take decades to break down. Cigarette filters are made of the plastic material cellulose acetate, which breaks down into microplastics, moving deep into the food chain and water supply.11 Used cigarette butts are known to leach toxic amounts of nicotine, pesticides, polycyclic aromatic 10 See sources cited in attached Model Policy infra notes 19–23; see also E-Cigarettes, Public Health Law Center, https:// www.publichealthlawcenter.org/topics/commercial-tobacco-control/e-cigarettes (website with many resources on options on regulating e-cigarettes).
11 World Health Org., Tobacco and Its Environmental Impact 26 (2017), https://apps.who.int/iris/bitstream/handle/1 0665/255574/9789241512497-eng.pdf.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 4 hydrocarbons, arsenic, and heavy metals such as lead and cadmium, potentially for years after use.12 Even unsmoked cigarette butts are toxic to animals, plants, and aquatic life.13 Discarded cigarettes are also a significant cause of outdoor fires, accounting for hundreds of millions of dollars in annual costs in environmental damage, personal property losses, firefighting expenses, and restorative efforts.14 For more information on tobacco product waste, see our publication Tobacco Product Waste: A Public Health and Environmental Toolkit.

E-cigarettes also create many environmental problems. E-cigarette cartridges typically contain hazardous substances such as nicotine, as well as other potentially harmful constituents, such as formaldehyde, acetaldehyde, benzene, and toluene.15 Discarded devices may leach lead, cobalt, and other substances into the environment in toxic amounts. Toxic chemicals from commercial tobacco product waste can accumulate in animals, soil, and aquatic ecosystems.

Also, lithium-ion batteries, which are found in rechargeable e-cigarettes, have been known to explode and catch fire, posing a risk to public safety.

Cannabis Considerations
Secondhand cannabis smoke is a health hazard. Exposure to secondhand cannabis smoke leads to cannabinoid metabolites in bodily fluids and has caused individuals to report psychoactive effects.16
With the legalization of recreational cannabis for adult use in New York State, there are a few things to keep in mind for outdoor smoke-free ordinances. State law prohibits cannabis smoking and vaping almost everywhere the smoking of tobacco products is prohibited. For example, state law prohibits smoking in several outdoor areas, including playgrounds17 and parks,18 and the definition of “smoking” specifically includes the burning of any substance 12 Hiroshi Moriwaki et al., Waste on the Roadside, ‘Poi-Sute’ Waste: Its Distribution and Elution Potential of Pollutants into Environment, 29 Waste Mgmt. 3 (2009), https://www.sciencedirect.com/science/article/abs/pii/S0956053X08002882?via%3Dihub. 13 Dannielle S. Green et al., Cigarette Butts Have Adverse Effects on Initial Growth of Perennial Ryegrass and White Clover, 182 Ecotoxicology & Env’t Safety 109418 (2019), https://www.sciencedirect.com/science/article/abs/pii/ S0147651319307481?via%3Dihub.
14 See, e.g., Wildfire Causes and Evaluations, Nat’l Park Serv. (Mar. 8, 2022), https://www.nps.gov/articles/wildfire-causes-and-evaluation.htm. 15 See sources cited in attached Model Policy infra notes 24–26. 16 Maciej Lukasz Goniewicz et al., Levels of Selected Carcinogens and Toxicants in Vapor from Electronic Cigarettes, 23 Tobacco Control 133 (2014), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4154473. 17 N.Y. Pub. Health Law § 1399-O-1 (2017).
18 N.Y. Pub. Health Law § 1399-O-2 (2022).

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 5 that contains cannabis or cannabinoid hemp.19 These laws do contain some exemptions (e.g., for sidewalks adjacent to parks),20 and local units of government retain the authority to adopt regulations that go beyond state law in regulating smoking.21 Some protections are also afforded to the certified medical use of cannabis.”22
Legal Considerations
Although outdoor tobacco-free policies have proliferated in recent years, only a few have been legally challenged. In most cases, courts have upheld local laws prohibiting smoking in outdoor areas on the grounds that such laws: (1) are within the authority of local governments to protect public health, safety, and welfare; and (2) are not preempted by statewide smoke-free laws.23 New York State law prohibits smoking in outdoor areas, such as playgrounds24 and parks,25 and prohibits tobacco use on school grounds.26 Smoking is also prohibited on outdoor railroad platforms and on hospital grounds.27 State law expressly authorizes local communities to enact additional restrictions, such as smoking restrictions at outdoor events and various recreational areas.28 Customizing the Ordinance
Context boxes are included throughout the ordinance to explain some key provisions. These boxes are not meant to be included in any final ordinance. A municipality or county wishing to enact all or part of this ordinance should keep this in mind and remove the context boxes.

In some instances, blanks (such as [ _________ ]) prompt you to customize the language to fit your community’s needs. In other instances, the ordinance offers you a choice of options 19 N.Y. Pub. Health Law § 1399-N(8) (2021).
20 N.Y. Pub. Health Law § 1399-O-2(3) (2022).
21 N.Y. Pub. Health Law § 1399-R(3) (2017).
22 See, e.g., N.Y. Cannabis Law § 127(2) (2021) (stating that smoke-free policies in rental properties cannot “be construed to limit the certified medical use of cannabis” on the premises). 23 See, e.g., Gallagher v. Clayton, 699 F.3d 1013, 1016 (8th Cir. 2012) (upholding the City of Clayton’s ordinance prohibiting smoking on any city-owned or -leased property, including buildings, grounds, parks and playgrounds, which a city resident had challenged on constitutional grounds, asserting that “the health threat of secondhand smoke from outdoor tobacco use is de minim[i]s,” and that the city lacked a sufficient rationale for prohibiting it). 24 N.Y. Pub. Health Law § 1399-O-1 (2017).
25 N.Y. Pub. Health Law § 1399-O-2 (2022).
26 N.Y. Educ. Law § 409(2) (2014).
27 N.Y. Pub. Health Law § 1399-O(2) (2022).
28 N.Y. Pub. Health Law § 1399-R(3) (2017).

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 6 (such as [ choice one/choice two ]). Some options are followed by a note that describes the legal provisions in more detail. A degree of customization is always necessary to make sure the ordinance is consistent with a community’s existing laws. Such customization also ensures that communities are using this model ordinance to address local needs and promote health equity.

Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial tobacco use. Communities differ on their readiness and willingness to adopt certain commercial tobacco control policies intended to help make that world a reality. For that reason, this model ordinance represents a balance among state and federal minimum standards, best public health policy practices, and practical implementation for local governments in New York State. This model ordinance contains several policy components that communities may or may not choose to adopt at this time that may go beyond minimum state and federal requirements.

While the Public Health Law Center does not lobby, advocate, or directly represent communities, we can provide legal technical assistance through our publications and referrals to experts in the field. Education, stakeholder and community engagement, and a strong advocacy plan are key steps in adopting effective commercial tobacco control policies. If a community is unaware of available resources for engaging the community and for developing an advocacy plan or if a local government is considering adopting an ordinance and is interested in learning about the range of resources available, please contact the Public Health Law Center.

If you have any questions about this ordinance, you can reach us at publichealthlawcenter@ mitchellhamline.edu.

This publication was prepared by the Public Health Law Center, a nonprofit organization that provides information and legal technical assistance on issues related to public health, and was made possible by a contract with the New York State Department of Health. The Center does not provide legal representation or advice. The information in this document should not be considered legal advice.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 7 AN ORDINANCE OF THE [ municipality/county ]
OF [ insert jurisdiction name ] AMENDING THE [ _______ ] MUNICIPAL CODE TO REGULATE SMOKING [ and tobacco use ]
The [ municipal council/county board of supervisors ] of [ insert jurisdiction name ] does ordain as follows:

SECTION I. [ See Appendix A: Findings ]
Note
Findings are brief statements of fact or statistics that outline the issue being addressed, support the need for the policy, and help clarify the policy goal. A findings section is important because it provides the evidentiary basis for the proposed commercial tobacco control policies. The findings section is part of the ordinance and legislative record, but it usually does not become codified in the municipal code. In addition to serving an educational purpose and building support for the ordinance, the findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an admissible record of the factual determinations made by the legislative body when considering the ordinance. Courts will generally defer to legislative determinations of factual issues, which often influence legal conclusions. A list of findings supporting this model ordinance appears in “Appendix A: Findings.” Jurisdictions may select findings from that list to insert here, along with additional findings on local or regional conditions, outcomes, and issues that help make the case for the law.

SECTION II. [ Article/Chapter ] of the [ municipality/county ] of [ insert jurisdiction name ] Municipal/County Code is hereby amended to read as follows:

Sec. [ _______ (*1) ]. DEFINITIONS. For the purposes of this [ article/chapter ] the following definitions shall govern unless the context clearly requires otherwise:
(A) “Cannabis” has the meaning set forth in New York Cannabis Law Section 3, as that section may be amended from time to time.
(B) “Cannabinoid Hemp” has the meaning set forth in New York Cannabis Law Section 3, as that section may be amended from time to time.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 8 (C) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. (D) “Employee” means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer. (E) “Employer” means any person or nonprofit entity that retains the service of one or more employees.
(F) “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

Note
It is against state law to smoke or vape (i.e., use electronic cigarettes) in indoor places of employment, bars, food service establishments, and other indoor areas (N.Y. Pub. Health Law § 1399-O). A place of employment is any indoor area under the control of an employer in which employees perform services (N.Y. Pub. Health Law § 1399-N(5)). Local governments may impose and enforce their own indoor smoking restrictions if they meet the minimum standards of the state law (N.Y. Pub. Health Law § 1399-R(3)). If a jurisdiction has a separate clean indoor air act, it should ensure this ordinance aligns with any definition of enclosed areas so that all enclosed and unenclosed areas are covered.
(G) “Multiunit Residence” means property containing two or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities.
(H) “Outdoor Dining Area” means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 9 Note
Smoking in indoor food service establishments is already prohibited by state law (N.Y. Pub.

Health Law § 1399-O(1)(c)).
(I) “Person” means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity. (J) “Place of employment” means an area under the control of an employer that an employee or the general public may enter in the normal course of operations, regardless of the hours of operation, including work areas and construction sites. (K) “Public event areas” means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival.
(L) “Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities.

Note
The definition of “public place” is very broad and intended to include all public areas that do not fall within other definitions in this model ordinance.

The definition includes sidewalks and streets. If a jurisdiction would prefer not to cover sidewalks and streets, it could substitute the following definition:
“Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including parking lots, plazas, shopping areas, stadiums, or sporting facilities. The term “public place” does not include streets or sidewalks used only as pedestrian or vehicular thoroughfares.
(M) “Recreational area” means any publicly or privately owned area [ , including streets and sidewalks located within the area, ] that is open to the general public for recreational April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 10 purposes, regardless of any fee or age requirement. The term “recreational area” includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.

Note
The bracketed text allows a jurisdiction to select whether to apply the restrictions to streets and sidewalks. If a jurisdiction includes an exemption for streets and sidewalks, it is worth considering what impact congregating tobacco use in those areas will have on users of the facility or neighbors to the facility.

Although this definition applies to all recreational areas, state law (N.Y. Pub. Health Law § 1399- O(1)(a)) already prohibits smoking inside places of employment, so Section [ _______ (*3)(a) ] limits the prohibition to outdoor recreational areas only. (N) “Service area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.

Note
Although this definition applies to all service areas, state law (N.Y. Pub. Health Law § 1399-O(1) (a)) already prohibits smoking inside places of employment, so Section [ _______ (*3)(a) ] limits the prohibition to outdoor service areas only.
(O) “Service lines” means an outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to ATM lines, concert lines, food vendor lines, mobile vendor lines, movie ticket lines, and sporting event lines.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 11 (P) “Smoke” or “Smoking” means:
(1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic;
(2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.
(Q) “Tobacco product” means:
(1) any product that is made from or derived from tobacco, or that contains nicotine, including synthetic nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not mean drugs, devices, or combination products authorized for sale and approved by the U.S. Food and Drug Administration for cessation purposes, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (R) “Tobacco product waste” means any component, part, or remnant of any tobacco product.

Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine. Waste generated from electronic smoking devices includes e-liquid containers, cartridges or “pods” that contain liquid nicotine, and devices that contain lithium ion batteries and other e-waste. (S) “Tobacco use” means the act of smoking or the consumption of any other tobacco product in any form.
(T) “Unenclosed area” means any area that is not an enclosed area.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 12 Sec. [ _______ (*3) ]. PROHIBITION OF SMOKING [ AND TOBACCO USE ] IN UNENCLOSED AREAS.

Note
This section prohibits smoking in a wide range of outdoor areas. If a community wants to prohibit the use of all tobacco products (including smokeless products like chewing tobacco and snus), then it should include the optional bracketed text referring to tobacco use. (A) Smoking [ and tobacco use ] is prohibited in the unenclosed areas of the following places within the [ municipality/county ] of [ insert jurisdiction name ]:
(1) Recreational areas;
(2) Service areas;
(3) Outdoor dining areas;
(4) Places of employment;
(5) Public event areas; or
(6) Other public places.
(B) Nothing in this [ article/chapter ] prohibits any person or employer with control over any property from prohibiting smoking [ and tobacco use ] on any part of such property, even if smoking [ or tobacco use ] is not otherwise prohibited in that area. [ (C) It is not a violation of this [ article/chapter ] to use tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. ] Note
Some smoke-free policies provide exceptions for traditional, ceremonial, and sacred uses of tobacco practiced by some tribal communities, while prohibiting the use of commercial tobacco.

If you would like more information about this topic, please visit keepitsacred.org.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 13 Sec. [ _______ (*4) ]. SMOKE-FREE BUFFER ZONES.

Smoking in all unenclosed areas shall be prohibited within 25 feet from any area in which smoking is prohibited under Sec. [ _______ (*3) ] of this [ article/chapter ] or by any other law.

This prohibition shall not apply to unenclosed areas of private residential properties that are not multi-unit residences.

Note
If a jurisdiction prefers to cover private residential unenclosed areas that are within 25 feet of an enclosed area covered by the law, it could remove this last sentence.

Sec. [ _______ (*5) ]. TOBACCO WASTE.

No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking [ or tobacco use ] is prohibited by law, including within twenty-five (25) feet of any area in which smoking [ or tobacco use ] is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking [ or tobacco use ] in violation of any provision of this [ article/chapter ].

No person shall dispose of tobacco product waste within the boundaries of an area in which smoking [ or tobacco use ] is prohibited.

Sec. [ _______ (*6) ]. ENFORCEMENT.

Note
Enforcement of tobacco-free and vape-free outdoor area policies is important because there is no risk-free amount of exposure to secondhand smoke and because even outdoors, secondhand smoke can reach hazardous levels. But enforcement should balance the goal of protecting the public from secondhand smoke exposure with the knowledge that punitive measures are unlikely to help those struggling with tobacco addiction to end their tobacco use. Research tells us the best approaches to help those confronting addiction are counseling and education. (See, e.g., Tobacco-free Areas Enforcement Guide.)
(continued)
April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 14 (continued)
Since most people will refrain from smoking if they know a tobacco-free policy is in place, the best way to improve enforcement is to educate the public and local businesses about the policy throughout the implementation process. Greater community compliance will be achieved if the policy is easy to understand, the boundaries and areas covered under the policy are clearly identified, and active steps are taken to communicate its impact to all affected groups.

We also know that criminal penalties are related to significant equity concerns. For instance, racial profiling and discriminatory racial patterns are well documented in the enforcement of many crimes, including lower-level offenses. Another consideration is that the criminal process may trigger a probation or parole violation, a summons that could create a criminal record or a warrant, or other significant ripple effects in an individual’s interaction with the justice system. In turn, these criminal sanctions could jeopardize the individual’s housing, benefits, education, and employment. For these reasons, the enforcement provisions in this model policy do not include criminal sanctions. We also recommend that enforcement prioritize interactions with people who are not law enforcement. For example, enforcement could start with other civil public employees such as recreation center staff, before law enforcement is contacted to enforce the policy.

We focus primary responsibility for enforcement on property owners by holding them accountable with appropriate civil penalties for any failure to enforce the rules required under this law.

While we do include monetary administrative penalties, we acknowledge that these too can carry risks of discriminatory enforcement and create financial hardship, and we recommend pursuing enforcement actions against property owners whenever possible. We do not include private lawsuit enforcement options in this model ordinance, due to the potential for abuse.

The following provisions are designed to offer several enforcement options to the jurisdiction and residents. While not all enforcement mechanisms may be pursued, allowing multiple enforcement mechanisms in the ordinance may increase the likelihood of compliance, enforcement, and, in turn, protection from secondhand smoke. (A) No person or employer shall permit smoking [ or tobacco use ] in an area that is under the control of that person or employer and in which smoking [ or tobacco use ] is prohibited by this article or any other law.

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 15 (B) A person or employer that has control of an area in which smoking [ and tobacco use ] is prohibited by this [ article/chapter ] shall post a clear, conspicuous, and unambiguous sign indicating at least one of the following:
] [ “No Tobacco Use”; ]
] “No Smoking” or the international “No Smoking” symbol; or ] “No Vaping” or a recognizable “No Vaping” symbol.

Signs must be posted at each entrance to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height. Signs posted on the exterior of buildings to comply with this section shall reference the 25-foot distance requirement set forth in Sec. [ _______ (*4) ]. The presence or absence of signs shall not be a defense to a charge of smoking [ or tobacco use ] in violation of any other provision of this [ article/chapter ].

Note
To encourage cessation, a jurisdiction may also want to consider adding a cessation hotline or other cessation information to signage. Potential language to promote this could be:
“At least one sign placed in each place where smoking is prohibited must include the following tobacco cessation hotline number: _______.”
To provide information about how to submit complaints, another option is to include the following language:
“At least one sign with the [ municipality/county ] phone number for complaints must be placed conspicuously in each place in which smoking is prohibited.” In addition, jurisdictions may want to indicate on their signs that use of electronic smoking devices is also prohibited and include an illustration of an electronic smoking device. (C) [ Municipality/County ] staff and volunteers will be notified about the requirements of this [ article/chapter ] through the employee manual.
(D) [ Municipality/County ] staff will communicate the requirements of this [ article/ chapter ] to public event organizers. [ Municipality/County ] staff will also make periodic April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 16 observations of recreational areas and other [ municipality/county ] property covered by this [ article/chapter ] to monitor for compliance. Anyone found by [ municipality/county ] staff to be violating this [ article/chapter ] will be reminded of its requirements and asked to comply before being subject to ejection from the property. (E) A person or employer that has control of an area in which smoking [ and tobacco use ] is prohibited by this [ article/chapter ] shall direct anyone who is smoking [ or using tobacco ] in violation of this [ article/chapter ] to extinguish the product being smoked [ or stop using the tobacco product ]. If they do not stop smoking [ or using the tobacco product ], the person or employer shall refuse any service and shall immediately ask the person violating the policy to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.
(F) No person or employer shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person who seeks to attain compliance with this [ article/chapter ].
[ (G) The [ director of _______ ] or their designee shall conduct an ongoing educational program to explain and clarify the purposes and requirements of this [ article/chapter ], as well as to provide guidance to persons or employers about compliance. Lack of receiving or participating in such an education program shall not be a defense to a violation of this [ article/chapter ]. ] Sec. [ _______ (*7) ]. VIOLATIONS AND PENALTIES.
(A) Each refusal to comply with a request from a [ municipal/county ] employee in violation of Secs. [ _______ (*6)(d) or (e) ] may be subject to a [ fifty dollar ($50) ] administrative fine.

Note
A jurisdiction may also wish to include a non-monetary penalty here as an alternative to the administrative fine, such as required community service. The $50 administrative fine in this subsection is consistent with the fine in state law for violating the smoking restriction in parks (N.Y. Pub. Health Law § 1399-V).

April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 17 (B) A person or employer that has control of an area in which smoking [ and tobacco use ] is prohibited by this [ article/chapter ] and that fails to comply with this [ article/chapter ] shall be guilty of an administrative fine punishable by:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding one hundred and fifty dollars ($150) for a second violation within one year.
(3) A fine not exceeding two hundred and fifty dollars ($250) for each additional violation within one year.
(C) Multiple violations of this [ article/chapter ] by a person or employer that has control of an area in which smoking [ and tobacco use ] is prohibited by this [ article/chapter ] may result in the suspension or revocation of any permit or license issued to the person for the property on which the violations occurred.
(D) Any violation of this [ article/chapter ] is hereby declared to be a public nuisance.

Note
By expressly declaring that a violation of this ordinance is a public nuisance, this provision allows enforcement of the ordinance by the city or county through the administrative nuisance abatement procedures commonly found in municipal codes. It also facilitates restraining orders, or preliminary or permanent injunctions to stop the nuisance. (E) Any violation of this [ article/chapter ] may be remedied by a civil action brought by the [ municipal attorney/county counsel ], including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
(F) Each instance of smoking [ or tobacco use ] in violation of this [ article/chapter ] shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this [ article/chapter ] shall constitute a separate violation. (G) The remedies provided by this [ article/chapter ] are cumulative and in addition to any other remedies available at law or in equity.

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www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 18 SECTION III. Statutory Construction & Severability.

It is the intent of the [ municipal council/board of supervisors/county legislature ] of the [ municipality/county ] of [ insert jurisdiction name ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The [ municipal council/board of supervisors ] of the [ municipality/county ] of [ insert jurisdiction name ] declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Appendix A: Findings.

WHEREAS tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following:
{ The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone;1 { Tobacco use causes disease in nearly all organ systems and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths in the United States;2 { The estimated economic damage attributable to smoking and exposure to secondhand smoke in the United States is nearly $300 billion annually;3 { Despite significant progress, tobacco use remains the leading cause of preventable death and disease in the United States;4 and
{ [ insert local tobacco toll data if available ]
WHEREAS tobacco use is the number one cause of preventable death in New York State5 and
continues to be an urgent public health issue, as evidenced by the following:
{ An estimated 28,200 adults in New York State die from smoking annually;6 April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 19 { Each year, smoking costs New York State an estimated $12.07 billion in direct health care expenses, $7.12 billion in Medicaid costs, and $18.2 billion in productivity losses;7 { Research indicates that more than 26.5% of all adult cancer deaths in New York State are attributable to smoking;8
and
{ [ insert local tobacco toll data if available ]
WHEREAS tobacco use among priority populations, especially those with lower socioeconomic status, in New York State contributes to health disparities and creates significant barriers to health equity, as evidenced by the following:
{ Those without a college degree (13.7–19.0%), making less than $25,000 a year (20%), suffering from disabilities (17.4%) and/or mental health issues (19.7%), the unemployed (20.2%), and those without private insurance (either on Medicaid, 22.9%, or no insurance, 14.2%) all report a higher smoking prevalence than the statewide average among all adults (12.0%);9 { [ insert local tobacco toll data if available ]
WHEREAS secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:
{ In 2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to secondhand smoke;10
{ The New York State Department of Health recognizes the toxicity of secondhand smoke;11 WHEREAS exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the following:
{ Levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous, depending on direction and amount of wind, number and proximity of smokers, and enclosures like walls or roofs;12
{ Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States EPA’s Air Quality Index;13 and
{ To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move 20 to 29 feet away from the source of the smoke, about the width of a two- lane road;14
April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 20 WHEREAS exposure to secondhand smoke causes death and disease, as evidenced by the following:
{ Since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke;15
{ Secondhand smoke was responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year during 2005–2009 in the United States;16
{ Research indicates that exposure to secondhand smoke increases the risk of coronary heart disease by 25% to 30% and increases the risk of stroke by 20% to 30%;17 and { Secondhand smoke kills more than 400 infants every year;18 WHEREAS electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:
{ Research has found electronic smoking device aerosol contains at least 12 chemicals known to cause cancer, birth defects, or other reproductive harm,19 such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;20 { Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;21 { Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;22 { Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences serious concerns;23
WHEREAS secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:
{ Cannabis smoke contains many of the same toxins as tobacco smoke, including at least 33 known carcinogens;24
{ In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance;25 and April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 21 { A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects;26
WHEREAS laws restricting the use of tobacco products have recognizable benefits to public health and can reduce medical costs; these outcomes, consistently demonstrated in peerreviewed research, include the following:
{ Reduced prevalence of tobacco use;27
{ Reduced secondhand smoke exposure, as measured by self-report and laboratory analysis of biomarkers or indoor air;28
{ Increased cessation of tobacco use;29
{ Reduced initiation of tobacco use among young people;30 { Fewer hospitalizations from tobacco-related diseases, such as asthma and cardiovascular disease;31 and
{ An estimated annual savings rate in the U.S. of $148,000 to $409,000 (2011 U.S. dollars) per 100,000 people in averted secondhand smoke-related healthcare costs;32 Note
Include the following findings about smokeless tobacco if your community will be incorporating the optional language to create completely tobacco-free spaces. [ WHEREAS smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following:
{ Smokeless tobacco use can lead to nicotine addiction;33 { Smokeless tobacco use causes oral, esophageal, and pancreatic cancers;34 { Smokeless tobacco use is associated with increased risk for heart disease and stroke,35 and stillbirth and preterm delivery;36 and
{ [ insert local smokeless tobacco use disparities data if available ] ] April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 22 WHEREAS tobacco waste is a major, consequential, and persistent source of litter, as evidenced by the following:
{ The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs that produce almost 2 million tons of waste paper, cellophane, foil, and glue as well as trillions of butts littered across roadways, sidewalks, parks, and other green spaces;37 { Both tobacco industry and peer-reviewed research found that most smokers admit littering their cigarette butts,38 for example, one study found 74.1% of smokers admitted littering cigarette butts at least once in their life and 55.7% admitted to littering them in the past month;39
{ In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their cigarette butts as litter;40
{ Cigarette butts are perennially the most common form of litter collected during cleanup programs worldwide,41 for example, in 2018, cigarette butts made up nearly 16% of all litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items);42 { Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean;43 { Non-cigarette forms of tobacco waste, such as plastic cigar tips and little cigar wrappers, also significantly contribute to litter;44
{ Waste from electronic smoking devices has become a recognized and growing form of litter.45 For example, a recent study among twelve high schools in the San Francisco Bay Area found that electronic cigarette waste made up nearly 20% (172 of 893 items) of all tobacco or cannabis product waste found on school property with the largest amount (152 items) and highest percentage (39.4%) of electronic cigarette waste observed at upper income schools;46 and
{ As of August 2019, the U.S. Environmental Protection Agency recognizes nicotinecontaining electronic smoking devices as acute hazardous waste when disposed;47 WHEREAS laws restricting smoking and tobacco use outdoors reduce the prevalence of smoking and the presence of commercial tobacco litter, as evidenced by the following:
{ After parks and beaches in New York City became smoke-free, fewer smokers were noticed, a trend that did not occur in the rest of the state;48 April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 23 WHEREAS cigarette butts, smokeless tobacco, and electronic smoking devices pose a health threat of poisoning to young children, as evidenced by the following:
{ In 2018, American poison control centers logged nearly 13,000 cases involving exposure to cigarettes, cigarette butts, electronic smoking devices, or other tobacco products, and of these, more than 10,000 (79.0%) occurred in children aged 5 years and younger;49 { Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018 among children 5 years of age and younger by American poison control centers, 50.3% involved cigarettes, 18.4% involved electronic smoking devices, and 8.0% involved other tobacco products;50
{ The annual number of electronic cigarette exposure cases among children less than 5 years of age reported to American poison control centers increased from 10 in 2010 to 1,835 in 2018, a 14,015% increase;51 and
{ Children who ingest tobacco products can experience vomiting, nausea, lethargy, and gagging,52 with e-liquids potentially posing a greater risk of toxicity or fatality through either ingestion or transdermal absorption;53
WHEREAS exemptions and loopholes in New York State’s smoke-free workplace laws54 disproportionately impact low-income communities and communities of color as well as those who work predominantly outdoors as evidenced by the following:
{ New York State Public Health Law does not prohibit smoking in private automobiles, outdoor places of employment, retail tobacco businesses, cigar bars, and hotel and motel rooms.55 Evidence suggests that employees in these areas are disproportionately individuals of low-income and individuals of color;56
{ In one survey of employed young adults, 32.6% reported workplace exposure to secondhand smoke, nearly all of whom (95.7%) reported outdoor exposure, and most of whom worked in one of four occupational categories: construction and extraction, transportation and material moving occupations, building and grounds cleaning and maintenance, and food preparation and serving;57
WHEREAS cities and counties in New York State have the legal authority to adopt local laws that prohibit all tobacco use indoors and outdoors in areas not already covered by state law;58 WHEREAS state law prohibits smoking in playgrounds and parks, on school grounds, on outdoor railroad platforms, and on hospital grounds, among other locations, and expressly authorizes local communities to enact additional restrictions;59 April 2023

www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 24 WHEREAS there is broad public recognition of the dangers of secondhand smoke and support for smoke-free air laws, as evidenced by the following:
{ A 2012 survey of residents of New York City Housing Authority residents found widespread support for smoke-free public housing projects (64%);60 WHEREAS as of April 2019, there are more than 500 cities and counties in New York State with outdoor secondhand smoke policies;61
WHEREAS New York State prohibits the use of electronic smoking devices in locations where smoking is restricted;62 and
WHEREAS there is no Constitutional right to smoke;63
NOW THEREFORE, it is the intent of the [ municipal council/county board of supervisors/ county legislature ], in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking [ and tobacco use ] around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking [ and tobacco use ] with a healthy lifestyle; and by affirming and promoting a healthy environment in the [ municipality/county ].

Endnotes
1 U.S. Dep’t of Health & Hum. Servs., The Health Consequences of Smoking: 50 Years Of Progress, A Report of The Surgeon General (2014), https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 2 Id.
3 Id.
4 Id.
5 Cigarette Smoking and Secondhand Smoke, N.Y. State Dep’t Health (Nov. 2022), https://www.health.ny.gov/prevention/ tobacco_control.
6 Extinguishing the Tobacco Epidemic in New York, Ctrs. for Disease Control & Prevention (Oct. 13, 2022), https://www. cdc.gov/tobacco/stateandcommunity/state-fact-sheets/new-york. 7 Toll of Tobacco in New York, Campaign for Tobacco-Free Kids (Oct. 19, 2022), https://www.tobaccofreekids.org/problem/toll-us/new_york. 8 Joannie Lortet-Tieulent et al., State-Level Cancer Mortality Attributable to Cigarette Smoking in the United States, 176 JAMA Internal Med. 1792 (2016), https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2571615. 9 N.Y. State Dep’t Health, Rep. No. 2022-12, BRFSS Brief: Cigarette Smoking, New York State Adults, 2020 (2022), https://www.health.ny.gov/statistics/brfss/reports/docs/2022-12_brfss_cigarette_smoking.pdf.

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www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 25 10 U.S. Dep’t of Health & Hum. Servs., The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General (2006), https://www.ncbi.nlm.nih.gov/books/NBK44324. 11 Cigarette Smoking and Secondhand Smoke, supra note 5. 12 Cal. Air Res. Bd., Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant, Part A:

Exposure Assessment (Appendix III) (June 24, 2005), https://ww2.arb.ca.gov/sites/default/files/classic/toxics/id/summary/etspt_a.pdf; Xisca Sureda et al., Secondhand Tobacco Smoke Exposure in Open and Semi-Open Settings: A Systematic Review, 121 Env’t Health Persps. 766 (2013), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3701994; Andrea S.

Licht et al., Secondhand Smoke Exposure Levels in Outdoor Hospitality Venues: A Qualitative and Quantitative Review of the Research Literature, 22 Tobacco Control 172 (2013), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3803107; Neil E. Klepeis et al., Real-Time Measurement of Outdoor Tobacco Smoke Particles, 57 J. Air & Waste Mgmt. Ass’n 522 (2007), https://pubmed.ncbi.nlm.nih.gov/17518219; Elisabet Henderson et al., Secondhand Smoke Exposure Assessment in Outdoor Hospitality Venues Across 11 European Countries, 200 Env’t Rsch. 111355 (2021), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8417816; Bekir Kaplan et al., Evaluation of Secondhand Smoke Using PM2.5 and Observations in a Random Stratified Sample in Hospitality Venues from 12 Cities, 16 Int’l J. Env’t Rsch. & Pub. Health 1381 (2019), https://www.ncbi.nlm. nih.gov/pmc/articles/PMC6518083; Michael Zhang et al., Exposure to Secondhand Tobacco Smoke at Airport Terminals, 2019 J. Env’t & Pub. Health 9648761 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6377972. 13 Klepeis, supra note 12; Sureda, supra note 12.
14 Klepeis, supra note 12; James L. Repace, Benefits of Smoke-free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles, 34 Wm. Mitchell L. Rev. 1621 (2008), https://open.mitchellhamline.edu/wmlr/ vol34/iss4/15; Jihee Hwang & Kiyoung Lee, Determination of Outdoor Tobacco Smoke Exposure by Distance from a Smoking Source, 16 Nicotine & Tobacco Rsch. 478 (2014), https://pubmed.ncbi.nlm.nih.gov/24218368. 15 U.S. Dep’t of Health & Hum. Servs., supra note 1.
16 Id.
17 Id.; Sydne I. DiGiacomo, Environmental Tobacco Smoke and Cardiovascular Disease, 16 Int’l J. Env’t Rsch. & Pub. Health 96 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6339042. 18 CDC VitalSigns: Secondhand Smoke: An Unequal Danger, Ctrs. for Disease Control & Prevention (Feb. 2015), https:// www.cdc.gov/vitalsigns/pdf/2015-02-vitalsigns.pdf.
19 Nat’l Acads. Sci, Eng’g, & Med., Public Health Consequences of E-Cigarettes (Kathleen Stratton et al. eds., 2018), https://www.ncbi.nlm.nih.gov/books/NBK507171.
20 Id.; Jefferson Fowles et al., Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols, 17 Int’l J. Env’t Rsch. & Pub. Health 2146 (2020), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7142621. 21 Nat’l Acads. Sci, Eng’g, & Med., supra note 19; U.S. Dep’t of Health & Hum. Servs., E-Cigarette Use Among Youth and Young Adults, A Report of the Surgeon General (2016), https://e-cigarettes.surgeongeneral.gov/documents/2016_ SGR_Full_Report_non-508.pdf; Alexa R. Romberg et al., Patterns of Nicotine Concentrations in Electronic Cigarettes Sold in the United States, 2013–2018, 203 Drug & Alcohol Dependence 1 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/ PMC6765364; Dazhe James Cao et al., Review of Health Consequences of Electronic Cigarettes and the Outbreak of Electronic Cigarette, or Vaping, Product Use-Associated Lung Injury, 16 J. Med. Toxicology 295 (2020), https://www.ncbi.nlm. nih.gov/pmc/articles/PMC7320089.

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www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 26 22 Nat’l Acads. Sci, Eng’g, & Med., supra note 19; U.S. Dep’t of Health & Hum. Servs., supra note 21; Cao, supra note 21; Michelle R. Staudt et al., Altered Lung Biology of Healthy Never Smokers Following Acute Inhalation of E-Cigarettes, 19 Respiratory Rsch. 78 (2018), https://respiratory-research.biomedcentral.com/articles/10.1186/s12931-018-0778-z; Anna Tzortzi et al., Passive Exposure to E-Cigarette Emissions: Immediate Respiratory Effects, 4 Tobacco Prevention & Cessation 18 (2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7205134; Peter G. Shields et al., A Review of Pulmonary Toxicity of Electronic Cigarettes in the Context of Smoking: A Focus on Inflammation, 26 Cancer Epidemiology, Biomarkers, & Prevention 1175 (2017), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5614602; Wouter F. Visser et al., The Health Risks of Electronic Cigarette Use to Bystanders, 16 Int’l J. Env’t Rsch. & Pub. Health 1525 (2019), https://www.ncbi. nlm.nih.gov/pmc/articles/PMC6539638; Jennifer E. Bayly et al., Secondhand Exposure to Aerosols from Electronic Nicotine Delivery Systems and Asthma Exacerbations Among Youth with Asthma, 155 Chest 88 (2019), https://www.ncbi.nlm.nih. gov/pmc/articles/PMC6688978; Anna Tzortzi et al., Passive Exposure of Non-Smokers to E-Cigarette Aerosols: Sensory Irritation, Timing and Association with Volatile Organic Compounds, 182 Env’t Rsch. 108963 (2020), https://www.sciencedirect.com/science/article/abs/pii/S0013935119307601?via%3Dihub. 23 Nat’l Acads. Sci, Eng’g, & Med., supra note 19; U.S. Dep’t of Health & Hum. Servs., supra note 21; Karen A. Cullen et al., Use of Electronic Cigarettes and Any Tobacco Product Among Middle and High School Students — United States, 2011–2018, 67 Morbidity & Mortality Wkly. Rep. 1276 (2018), https://www.cdc.gov/mmwr/volumes/67/wr/mm6745a5.htm. 24 Marijuana and Public Health: Cancer, Ctrs. for Disease Control & Prevention (Oct. 19, 2020), https://www.cdc.gov/marijuana/health-effects/cancer.html; Rajpal S. Tomar et al., Evidence on the Carcinogenicity of Marijuana Smoke, Cal. Env’t Prot. Agency (Aug. 2009), https://oehha.ca.gov/media/downloads/proposition-65/chemicals/finalmjsmokehId.pdf. 25 Evan S. Herrmann et al., Non-Smoker Exposure to Secondhand Cannabis Smoke II: Effect of Room Ventilation on the Physiological, Subjective, and Behavioral/Cognitive Effects, 151 Drug & Alcohol Dependence 194 (2015), https://www.ncbi.nlm. nih.gov/pmc/articles/PMC4747424.
26 Hannah Holitzki et al., Health Effects of Exposure to Second- and Third-Hand Marijuana Smoke: A Systematic Review, 5 CMAJ Open E814 (2017), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5741419. 27 Tobacco Use: Smoke-Free Policies, Cmty. Guide (2012), https://www.thecommunityguide.org/findings/tobacco-use-smoke-free-policies.html; Walter Young et al., Health, Secondhand Smoke Exposure, and Smoking Behavior Impacts of No-Smoking Policies in Public Housing, Colorado, 2014–2015, 13 Preventing Chronic Disease E148 (2016), https://www. ncbi.nlm.nih.gov/pmc/articles/PMC5072752.
28 Tobacco Use: Smoke-Free Policies, supra note 27; Young, supra note 27; T. Lucas Hollar et al., Smoke-Free Multi-unit Housing Policies Show Promise in Reducing Secondhand Smoke Exposure Among Racially and Ethnically Diverse, Low-Income Seniors, 19 J. Immigrant & Minority Health 1281 (2017), https://link.springer.com/article/10.1007/s10903-016-0430-2; Xisca Sureda et al., Impact of the Spanish Smoke-Free Legislation on Adult, Non-Smoker Exposure to Secondhand Smoke: Cross-Sectional Surveys Before (2004) and After (2012) Legislation, 9 PLOS One e89430 (2014), https://journals.plos.org/plosone/ article/file?id=10.1371/journal.pone.0089430&type=printable. 29 Tobacco Use: Smoke-Free Policies, supra note 27; Young, supra note 27. 30 Tobacco Use: Smoke-Free Policies, supra note 27.
31 Id.; Young, supra note 27; Stephanie L. Mayne et al., Longitudinal Associations of Smoke-Free Policies and Incident Cardiovascular Disease: The Coronary Artery Risk Development in Young Adults (CARDIA) Study, 138 Circulation 557 (2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6202173.
32 Tobacco Use: Smoke-Free Policies, supra note 27.
33 U.S. Dep’t of Health & Hum. Servs., supra note 1; Int’l Agency for Rsch. on Cancer (IARC), World Health Org., Smokeless Tobacco and Some Tobacco-Specific N-Nitrosamines, 89 IARC Monographs on the Evaluation of Carcinogenic Risks to Humans (WHO, Int’l Agency for Rsch. on Cancer ed., 2007), https://publications.iarc.fr/107.

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www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 27 34 U.S. Dep’t of Health & Hum. Servs., supra note 1; IARC, supra note 33; Maki Inoue-Choi et al., Contemporary Associations of Exclusive Cigarette, Cigar, Pipe, and Smokeless Tobacco Use With Overall and Cause-Specific Mortality in the United States, 3 JNCI Cancer Spectrum pkz036 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6620791. 35 Id.; Gabriel Arefalk et al., Discontinuation of Smokeless Tobacco and Mortality Risk After Myocardial Infarction, 130 Circulation 325 (2014), https://pubmed.ncbi.nlm.nih.gov/24958793; Brian L. Rostron et al., Smokeless Tobacco Use and Circulatory Disease Risk: A Systematic Review and Meta-Analysis, 5 Open Heart e000846 (2018), https://openheart.bmj. com/content/openhrt/5/2/e000846.full.pdf.
36 Ellen Rygh et al., Trends in Maternal Use of Snus and Smoking Tobacco in Pregnancy. A Register Study in Southern Norway, 19 BMC Pregnancy & Childbirth 500 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6915947; Gillian S. Gould et al., Exposure to Tobacco, Environmental Tobacco Smoke and Nicotine in Pregnancy: A Pragmatic Overview of Reviews of Maternal and Child Outcomes, Effectiveness of Interventions and Barriers and Facilitators to Quitting, 17 Int’l J. Env’t Rsch. & Pub. Health 2034 (2020), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7142582. 37 Thomas E. Novotny et al., Cigarettes Butts and the Case for an Environmental Policy on Hazardous Cigarette Waste, 6 Int’l J.

Env’t Rsch. & Pub. Health 1691 (2009), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2697937; Thomas E. Novotny et al., The Environmental and Health Impacts of Tobacco Agriculture, Cigarette Manufacture and Consumption, 93 Bull.

World Health Org. 877 (2015), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4669730. 38 Elizabeth A. Smith & Thomas E. Novotny, Whose Butt Is It? Tobacco Industry Research About Smokers and Cigarette Butt Waste, 20 Tobacco Control i2 (2011), https://tobaccocontrol.bmj.com/content/tobaccocontrol/20/Suppl_1/i2.full. pdf; Jessica M. Rath et al., Cigarette Litter: Smokers’ Attitudes and Behaviors, 9 Int’l J. Env’t Rsch. & Pub. Health 2189 (2012), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3397372. 39 Rath, supra note 38.
40Id.
41 Smith & Novotny, supra note 38; Ocean Conservancy & Int’l Coastal Cleanup, The Beach and Beyond: 2019 Report 2 (Jordana Merran ed., 2019), https://oceanconservancy.org/wp-content/uploads/2019/09/Final-2019-ICC-Report.pdf. 42 Ocean Conservancy & Int’l Coastal Cleanup, supra note 41, at 22–23. 43 Novotny, Cigarettes Butts and the Case for an Environmental Policy on Hazardous Cigarette Waste, supra note 37. 44 Scott D. Hardy & Jill Bartolotta, Plastic Cigar Tips Debris: Exploring Use and Disposal Issues for Lake Erie Beaches, 137 Marine Pollution Bull. 262 (2018), https://www.sciencedirect.com/science/article/abs/pii/S0025326X18307227?via%- 3Dihub; Jeremiah Mock & Yogi H. Hendlin, Notes from the Field: Environmental Contamination from E-cigarette, Cigarette, Cigar, and Cannabis Products at 12 High Schools — San Francisco Bay Area, 2018–2019, 68 Morbidity & Mortality Wkly.

Rep. 897 (2019), https://www.cdc.gov/mmwr/volumes/68/wr/mm6840a4.htm; Thomas Hexum & Hudson Kingston, Commercial Tobacco, Health, & the Environment: The Problems, Public Health Law Center (2019), https://publichealthlawcenter.org/sites/default/files/resources/Commerical-Tobacco-Health-and-the-Environment.pdf. 45 Mock & Hendlin, supra note 44; Yogi H. Hendlin, Alert: Public Health Implications of Electronic Cigarette Waste, 108 Am.

J. Pub. Health 1489 (2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6187764; Disposing of E-Cigarette Waste:

FAQ for Schools and Others, Public Health Law Center (2019), https://www.publichealthlawcenter.org/sites/default/ files/resources/Disposing%20of%20E-Cigarette%20Waste%20Publication-FINAL.pdf. 46 Mock & Hendlin, supra note 44.
47 Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine, 84 Fed. Reg. 5186 (Feb. 22, 2019) (to be codified at 40 C.F.R. pt. 266(p)). 48 Michael Johns et al., Smoke-Free Parks and Beaches: An Interrupted Time-Series Study of Behavioural Impact in New York City, 24 Tobacco Control 497 https://tobaccocontrol.bmj.com/content/24/5/497.long.

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www.publichealthlawcenter.org Tobacco-Free Outdoor Areas Model Ordinance 28 49 David D. Gummin et al., 2018 Annual Report of the American Association of Poison Control Centers’ National Poison Data System (NPDS): 36th Annual Report, 57 Clinical Toxicology 1120 (2019), https://www.tandfonline.com/doi/abs/10.108 0/15563650.2019.1677022.
50 Id.
51 Baoguang Wang et al., Poisoning Exposure Cases Involving E-Cigarettes and E-Liquid in the United States, 2010–2018, 58 Clinical Toxicology 488 (2020), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7061080. 52 W. Lewander et al., Ingestion of Cigarettes and Cigarette Butts by Children — Rhode Island, January 1994–July 1996, 46 Morbidity & Mortality Wkly. Rep. 125 (1997), https://www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm. 53 Joanne T. Chang & Brian L. Rostron, Electronic Nicotine Delivery System (ENDS) Liquid Nicotine Exposure in Young Children Presenting to US Emergency Departments, 2018, 6 Injury Epidemiology 1 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6802346. 54 N.Y. Pub. Health Law § 1399-Q (2021).
55 Id.
56 Left Behind in the Smoke: How Exemptions in California’s Smokefree Workplace Act Affect Health Inequities, ChangeLab Solutions (2019), https://www.changelabsolutions.org/sites/default/files/2019-06/LeftBehindInTheSmoke_FINAL_20190626.pdf. 57 Louisa M. Holmes & Pamela M. Ling, Workplace Secondhand Smoke Exposure: A Lingering Hazard for Young Adults in California, 26 Tobacco Control e79 (2017), https://tobaccocontrol.bmj.com/content/26/e1/e79. 58 N.Y. Pub. Health Law § 1399-R(3) (2017).
59 N.Y. Pub. Health Law § 1399-O-1 (2017) (playgrounds); N.Y. Pub. Health Law § 1399-O-2 (2022) (parks); N.Y. Educ.

Law § 409(2) (2014) (school grounds); N.Y. Pub. Health Law § 1399-O (2019) (railroad platforms and hospital grounds); N.Y. Pub. Health Law § 1399-R(3) (2017) (local authority). 60 Shannon M. Farley et al., Evidence of Support for Smoke-Free Public Housing Among New York City Residents, 131 Pub.

Health Reps. 2 (2016), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4716462. 61 Benefits of Tobacco-Free Spaces, Tobacco Free NYS, https://tobaccofreenys.org/the-issue/tobacco-use-where-we-play (last visited Dec. 27, 2022).
62 N.Y. Pub. Health Law § 1399-O (2019).
63 Hudson B. Kingston, There Is No Constitutional Right to Smoke or Toke, Public Health Law Center (2019), https://publichealthlawcenter.org/sites/default/files/resources/No-Constitutional-Right-Smoke-Toke-2019.pdf.

April 2023

©2025. California Department of Public Health. Funded under contract #CTCP-21-19.

BOARD OF

TRUSTEES

GREGG PETERSON
Board President
CRISTIAN AGUILAR, Ph.D.

Vice President
JEANETTE V. FLORES
Trustee
KRISTIN R. McGUIRE
Trustee
DAVID R. ROSE
Trustee
May 21, 2025

CITY OF COVINA
125 E. College Street
Covina, CA 91723
Dear Mayor Linares and Covina City Council,
This letter is to express Charter Oak Unified School District’s support to the Breathe Clean Covina Coalition in order to reduce community member’s exposure to secondhand smoke in outdoor areas within the city.

We are in support of local regulations that protect the public from the harmful effects of secondhand smoke. According to the U.S. Surgeon General, there is no risk-free level of exposure to secondhand smoke. We believe that everyone has a right to breathe clean healthy air, especially here in Covina.

A public opinion survey was conducted among Covina residents and the results showed that ninety-six percent believe that secondhand smoke can interfere with their enjoyment of life.

Eighty-three percent support a total ban of smoking in outdoor dining patios, Eighty-three percent support a total ban of smoking around doorways and windows, seventy-nine percent support a ban of smoking service areas, eighty- one percent support a total ban of smoking around outdoor public areas, eighty-five percent support a smoking ban around building entrances, doorways and window and seventy-five percent support a ban of smoking at public sidewalks.

Currently, the City of Covina has a smoke-free outdoor air grade of a “D” rating based on the American Lung Association’s State of Tobacco Control 2024 Report. This confirms the aforementioned sixty-two percent rating of survey respondents being exposed to secondhand smoke in outdoor areas last year, which means that there is still work to be done to protect the Walnut community from secondhand smoke and improving their quality of life.

In the past years, the City of Covina has adopted strong a strong policy towards tobacco and protecting residents and visitors from its adverse health effects, such as city parks, however there is still an opportunity to allow the health of the community to improve. Our organization/agency strongly supports a comprehensive smoke-free outdoor areas ordinance in order to achieve optimal health of people living in this city. There are twenty-four cities in Los Angeles County who have implemented similar outdoor smoking policies and we hope that very soon our city will adopt a similar ordinance. We as a community should work together with city leaders to improve the quality of life of community members by enforcing the existing provisions and adopting strong

ATTACHMENT D

BOARD OF

TRUSTEES

GREGG PETERSON
Board President
CRISTIAN AGUILAR, Ph.D.

Vice President
JEANETTE V. FLORES
Trustee
KRISTIN R. McGUIRE
Trustee
DAVID R. ROSE
Trustee
comprehensive tobacco policies. We see the change the community needs and with the help of its leaders, we can achieve it here in Covina.

In closing, we add only that such an effort, if successful, should be viewed as befitting all of Covina residents and community members since a safe and healthy community benefits us all.

Respectfully,
Jeanette V. Flores
Board of Trustees

May 20, 2025

CITY OF COVINA
125 E. College Street
Covina, CA 91723
Dear Mayor Linares and Covina City Council,
I am writing to express my strong support for the Breathe Clean Covina Coalition and its efforts to reduce community members’ exposure to secondhand smoke in outdoor areas throughout the City of Covina.

As a public servant dedicated to the health and well-being of the residents of the 22nd Senate District, I fully support local regulations that protect the public from the well-documented dangers of secondhand smoke. The U.S. Surgeon General has stated that there is no risk-free level of exposure to secondhand smoke, and I believe all residents deserve the right to breathe clean, healthy air, especially in shared public spaces.

The City of Covina has made important strides in the past, such as implementing smoke-free policies in city parks. However, there remains a critical opportunity to expand these protections. A comprehensive smoke-free outdoor ordinance would be a meaningful step forward in safeguarding the health of our residents, particularly children, seniors, and individuals with pre-existing health conditions.

Twenty-four cities in Los Angeles County have already enacted similar ordinances, showing that such policies are both feasible and effective. I encourage the City of Covina to join this growing movement and adopt strong outdoor smoking regulations that reflect the values and desires of its residents.

Together, we can create a safer, healthier, and more vibrant community for everyone in Covina.

I applaud the efforts of the Breathe Clean Covina Coalition and urge city leaders to work closely with the community to enact meaningful change.

Thank you for your consideration. Should you have any questions, please contact my staff Sandra Lopez at [email protected].

Best regards,
Senator Susan Rubio
Senate District 22 Page 305 of 307

The Wellness Center at Historic General Hospital
1200 N. State Street, Suite 1008 | Los Angeles, California 90033 www.thewellnesscenterla.org | 213.784.9191
May 09, 2025

CITY OF COVINA
125 E. College Street
Covina, CA 91723
Dear Mayor Linares and Covina City Council,
This letter is to express LAC+USC Medical Center Foundation Inc. / The Wellness Center support to the Breathe Clean Covina Coalition in order to reduce community member’s exposure to secondhand smoke in outdoor areas within the city. We are in support of local regulations that protect the public from the harmful effects of secondhand smoke. According to the U.S. Surgeon General, there is no riskfree level of exposure to secondhand smoke. We believe that everyone has a right to breathe clean healthy air, especially here in Covina.

A public opinion survey was conducted among Covina residents and the results showed that ninety-six percent believe that secondhand smoke can interfere with their enjoyment of life. Eighty-three percent support a total ban of smoking in outdoor dining patios, Eighty-three percent support a total ban of smoking around doorways and windows, seventy-nine percent support a ban of smoking service areas, eighty- one percent support a total ban of smoking around outdoor public areas, eighty-five percent support a smoking ban around building entrances, doorways and window and seventy-five percent support a ban of smoking at public sidewalks.

Currently, the City of Covina has a smoke-free outdoor air grade of a “D” rating based on the American Lung Association’s State of Tobacco Control 2024 Report. This confirms the aforementioned sixty-two percent rating of survey respondents being exposed to secondhand smoke in outdoor areas last year, which means that there is still work to be done to protect the Walnut community from secondhand smoke and improving their quality of life.

In the past years, the City of Covina has adopted strong a strong policy towards tobacco and protecting residents and visitors from its adverse health effects, such as city parks, however there is still an opportunity to allow the health of the community to improve. Our organization/agency strongly supports a comprehensive smoke-free outdoor areas ordinance in order to achieve optimal health of people living in this city. There are twenty-four cities in Los Angeles County who have implemented similar outdoor smoking policies and we hope that very soon our city will adopt a similar ordinance. We as a community should work together with city leaders to improve the quality of life of community members by enforcing the existing provisions and adopting strong comprehensive tobacco policies. We see the change the community needs and with the help of its leaders, we can achieve it here in Covina.

In closing, we add only that such an effort, if successful, should be viewed as befitting all of Walnut residents and community members since a safe and healthy community benefits us all.

Respectfully,
Rosa Soto
Executive Director
LAC+USC Medical Center Foundation Inc. / The Wellness Center