BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Adoption of Ordinance 2025-___
Amending Section 6-4.20 of Title 6 of the
Avenal Municipal Code relating to
Control of Backflow and CrossConnections to comply with the updated Cross-Connection Control Policy
Handbook adopted by the California State
Water Resources Control Board.
RESOLUTION 2025-_46_
WHEREAS, the City Council of the City of Avenal ("City") has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance amending Section 6-4.20 of Title 6 of the Avenal Municipal Code relating to Control of Backflow and Cross-Connections;
WHEREAS, the City previously adopted Ordinance No. 88-02 establishing crossconnection control regulations in Section 6-4.20 of the Avenal Municipal Code; WHEREAS, the California State Water Resources Control Board adopted the Cross-connection Control Policy Handbook (CCCPH) on December 19, 2023, effective July 1, 2024, and amended the CCCPH on June 17, 2025, extending certain compliance deadlines and aligning language with other pre-existing regulations; WHEREAS, compliance with the CCCPH is mandatory for all California Public Water Systems, including the City of Avenal;
WHEREAS, the City finds that it is necessary to update the City's cross connection control ordinance to align with current state requirements and ensure continued protection of the public water supply and public health and safety; and WHEREAS, the City now desires to proceed with the process of enacting Ordinance No. 2025-__ , by introducing the same and scheduling a second reading/waiver of the same.
September 11, 2025 Pg. 172
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON September ___, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
HARLIN CASIDA, Mayor,
CITY OF AVENAL
MARIA ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Introduced and waived the first reading of Ordinance No 2025-__02_. ;
3. Ordered that proposed Ordinance No. 2025-_02_ be added to the agenda for the next regular City Council meeting, for a second reading or waiver thereof and consideration for enactment; and
4. Authorized the City Manager, City Clerk and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
__________________________________
ALVARO PRECIADO, Mayor
CITY OF AVENAL
September 11, 2025 Pg. 173
ORDINANCE NO. 2025-_02_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING SECTION 6-4.20 OF TITLE 6 OF THE AVENAL MUNICIPAL CODE RELATING TO
CONTROL OF BACKFLOW AND CROSS-CONNECTIONS TO COMPLY WITH THE
UPDATED CROSS-CONNECTION CONTROL POLICY HANDBOOK ADOPTED BY
THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
WHEREAS, the City of Avenal previously adopted Ordinance No. 88-02 establishing cross-connection control regulations in Section 6-4.20 of the Avenal Municipal Code; and WHEREAS, the California State Water Resources Control Board adopted the Crossconnection Control Policy Handbook (CCCPH) on December 19, 2023, effective July 1, 2024; and
WHEREAS, the California State Water Resources Control Board amended the CCCPH on June 17, 2025, extending certain compliance deadlines and aligning language with other preexisting regulations; and WHEREAS, compliance with the CCCPH is mandatory for all California Public Water Systems, including the City of Avenal; and
WHEREAS, it is necessary to update the City's cross-connection control ordinance to align with current state requirements and ensure continued protection of the public water supply; NOW, THEREFORE, the City Council of the City of Avenal does ordain as follows:
Section 1
Section 6-4.20 of Title 6 of the Avenal Municipal Code is hereby amended in its entirety to read as follows:
SECTION 6-4.20
ARTICLE 2. CONTROL OF BACKFLOW AND CROSS-CONNECTIONS
6-4.20(A) Cross-connection control---General policy.
(a) Statutory Authority
(1) The purpose of this article is:
(1) To protect the public potable water supply of the City from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) or its customers' September 11, 2025 Pg. 174
private water system(s) such contaminates or pollutants which could backflow or back-siphon into the public water supply system;
(2) To promote the elimination or control of existing cross-connections, actual or potential, between its customer's in-plant potable water system(s) and nonpotable water system, plumbing fixtures and industrial piping systems; and
(3) To provide for the maintenance of a continuing program of cross-connections control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
(b) Statutory Authority:
(1) The Cross-connection Control Policy Handbook sets forth rules and regulations governing cross-connections.
(2) This article is adopted pursuant to the California State Water Resource Control Board's December 19, 2023 adoption of the Cross-connection Control Policy Handbook (CCCPH), effective July 1, 2024, as amended on June 17, 2025. The CCCPH and its standards apply to all California Public Water Systems (PWS), as defined in California's Health and Safety Code (CHSC, section 116275 (h)). Compliance with this CCCPH is mandatory for all California PWSs.
(c) Responsibility. The Director of Public Works or their assigned designee, ("Director") shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of said Director, an approved backflow prevention device is required, at the City's water service connection to any customer's premises, for the safety of the water system, the Director shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his premises.
The customer shall immediately install such approved device or devices at his own expense; and failure, refusal, or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
6-4.20(B) Definitions.
(a) Director of Public Works. The Director of Public Works or their assigned designee, hereafter called ("Director"), in charge of the Water Department of the City, is invested with the authority and responsibility for an implementation of an effective cross-connection control program and for enforcement of the provisions of this article. (b) "Approved" means accepted by the Director as meeting an applicable specification stated or cited in this article, or as suitable for the proposal use.
September 11, 2025 Pg. 175
(c) "Auxiliary water supply" means any water supply on or available to the premises other than the City's approved public potable water supply. These auxiliary waters may include water from another public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used water" or "industrial fluids." These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the City does not have sanitary control.
(d) "Backflow" means the flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable water supply system from any source or sources other than its intended source.
(e) "Back-siphonage" means the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended sources caused by the sudden reduction of pressure in the potable water supply system. (f) "Backflow preventer" means a device or means designed to prevent backflow or backsiphonage. (g) "Air-gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and, in no case less than one inch. When an air-gap is used at the service connection to prevent the contamination or pollution of the City's potable water system, an emergency by-pass shall be installed around the air-gap system and an approved reduced pressure principle device shall be installed in the by-pass system.
(h) "Reduced pressure principle device" means an assembly of two (2) independently operating approved check valves with an automatically operating differential relief valves between the two (2) check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two (2) check valves at a level less than the pressure on the City water supply side of the device. At cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two (2) pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged.
(i) "Double check valve assembly" means an assembly of two (2) independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cock for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of recognized and City-approved testing September 11, 2025 Pg. 176
agency for backflow prevention devices. To be approved these devices must be readily accessible for in-line maintenance and testing.
(j) "Contamination" means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease. (k) "Cross-connection" means any physical connection or arrangement of piping or fixtures between two (2) otherwise separate piping systems one of which contains potable water and the other nonpotable water or industrial fluids or questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system which is cross connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary water system, constitutes one type of crossconnection. Other types of cross-connections include connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices, sliding multiport tube, solid connections, etc. (l) Cross-connections---controlled. "Controlled cross-connection" means a connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.
(m) "Cross-connection control by containment" means the installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross connections within the customer's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of cross-connection.
(n) Hazard, degree of. (1) Hazard---Health. "Health hazard" means any condition, device or practice in the water supply system and its operation which could create, or in the judgment of the Director may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross-connections, in a water supply. (2) Hazard---Plumbing. "Plumbing hazard" means a plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, airgap separation or backflow prevention device. Unprotected plumbing-type cross-connections are considered to be a health hazard. (3) Hazard---Pollutional. "Pollutional hazard" means an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health. (4) Hazard---System. "System hazard" means an actual or potential threat of severe damage to the physical properties of the City's potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
September 11, 2025 Pg. 177
(o) "Industrial fluids system" means any system containing a fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural water such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for firefighting purposes. (p) "Pollution" means the presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use. (q) Water---Potable. "Potable water" means any water which, according to recognized standards is safe for human consumption.
(r) Water---Nonpotable. "Nonpotable water" means water which is not safe for human consumption or which is of questionable potability.
(s) Water---Service connections. "Service connections water" means the terminal end of a service connection from the City's potable water system; i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be not unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
(t) Water---Used. "Used water" means any water supplied by the City from the potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the City.
6-4.20(C) Requirements.
(a) Water system.
(1) The water system shall be considered as made up of two (2) parts: the City system and the customer system.
September 11, 2025 Pg. 178
(2) The City system shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the City up to the point where the customer's system begins.
(3) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system. (4) The distribution systems shall include the network of conduits used for the delivery of water from the source to the customer's system.
(5) The customer's system shall include those parts of the facilities beyond the termination of the City distribution system which are utilized in conveying City delivered domestic water to points of use.
Installation Requirements:
1) Approval of Backflow Preventers. Only backflow preventers that have passed both laboratory and field evaluations by a recognized testing agency and accepted by both the city and the health agency shall be used; further defined under 6-4.20(H) Approval of Director of this Article. 2) For water connections, where backflow prevention is required, other than fire systems, a reduced pressure device (RP) shall be the minimum protection allowed. 3) Air-Gap Separation (AG). The air-gap separation should be located on the water user's side of and as close to the user connection as is practicable. All piping from the user connection to the receiving tank shall be above grade and entirely visible unless the city and health agency approve the burial of the line. Water take-offs between the user connection and the air-gap separation shall be protected in a manner approved by the health agency and city. 4) Reduced Pressure Principle Device (RP). The approved reduced pressure principle device should be installed on the user's side of and as close to the user connection as is practicable. The device should be installed not less than twelve (12) inches above grade and shall be readily accessible for maintenance and testing. Water take-offs between the user connection and the RP should be protected in a manner approved by the health agency and city. 5) Double-Check Valve (DC). The double-check valve should be located on the user's side of and as close to the user connection as is practicable. The double-check valve should be preferably above grade and readily accessible for maintenance and testing. Water supplied from any point between the user connection and the DC should be protected in a manner approved by the health agency and city.
6-4.20(D) Installation of water service connection---Maintenance.
No water service connection to any premises shall be installed or maintained unless the water supply is protected as required by State laws and regulations and this chapter. Service of water to any premises shall be discontinued if a prevention device required by this chapter is not installed, September 11, 2025 Pg. 179
tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
6-4.20(E) Inspection of customer's system.
The customer's system should be open for inspection at all reasonable times to authorized representatives of the Public Works Water Division to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Director shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with State and City statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.
6-4.20(F) Backflow devices.
An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or, with written approval of the Director, immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist*. In all cases, customer must notify City and allow City to inspect the unburied water line between the City water meter and newly installed backflow prevention device.*
(a) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director, the City water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. (b) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the City water system, the City system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the City system which have been subject to deterioration in quality.
(c) In the case of premises having
(1) internal cross-connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the City water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line.
6-4.20(G) Protective devices---Degree of hazard.
September 11, 2025 Pg. 180
The type of protective device required under subsections 6-4.20(F)(a), (b) and (c) shall depend upon the degree of hazard which exists as follows:
(a) In the case of any premises where there is an auxiliary water supply as stated in subsection
64.20(F)(a) of this chapter and it is not subject to any of the following rules, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device.
(b) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the City water system, the City water system shall be protected by an approved double check valve assembly.
(c) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the City water system, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.
(d) In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection. (e) In the case of any premises where, because of security requirements or other prohibitions or restrictions it is impossible or impractical to make a complete in-plant cross-connection survey, the City water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. (f) Except as noted in subsection (1) and (3) below, all fire sprinkler systems directly connected to the domestic water supply must have, at a minimum, a DC valve installed at the distribution system's point of connection or, with exception, the most practical location approved by the city, no later than July 1, 2035 (10 years after the adoption of the CCCPH). (1) A high hazard cross-connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., wetting agents, foam, anti-freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have no less than RP protection. (2) For existing fire protection systems that do not meet Section 3.2.2 (e)(3) of the CCCPH, or cannot install DC protection within ten years of adoption of the CCCPH, the city may propose (A) an alternative date or,
September 11, 2025 Pg. 181
(B) an alternative method of backflow protection that provides at least the same level of protection to public health in an amended cross-connection control plan submitted for and in compliance of CCCPH Section 3.1.4.
(3) A backflow prevention device is not necessary for a low hazard fire protection system on a residential user premises if the following criteria are satisfied:
(A) the user premises has only one service connection to the PWS; (B) a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the user premises;
(C) a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow;
(D) the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and
(E) the fire protection system's piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water. (g) Use of Fire Hydrants. The city allows the use of water directly from fire hydrants for flushing storm and sanitary sewers and similar uses. When this is permitted, it is mandatory that a portable RP be provided by the user to protect the city water system. 6-4.20(H) Approval of Director.
Any backflow prevention device required herein shall be of model and size approved by the Director. "Approved backflow prevention device" means a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled:
AWWA C506-78 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices:
and have met completely the laboratory and field performance specifications for the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by Specifications of Backflow Prevention Devices --- #69-2 dated March 1969 or the most current issue said AWWA and FCCC&HR standards and specifications have been adopted by the Director. Final approval shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC&HR Specifications.
The following testing laboratory has been qualified by the Director to test and certify backflow preventers. Foundation for Cross-connection Control & Hydraulic Research University of September 11, 2025 Pg. 182
Southern California University Park Los Angeles, CA 90008 Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Director.
Backflow preventers which may be subjected to back pressure or back siphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory's current list of "Approved Devices" may be used without further test or qualifications.
6-4.20(I) Inspection and tests.
It shall be the duty of the customer-user at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the Director deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the device manufacturer's representative, by Public Works Water Division personnel or by a certified tester approved by the Director. It shall be the duty of the Director to see that these timely tests are made.
The backflow prevention assembly test shall be performed and results reported to the city within thirty (30) days of written notice by the city that testing is required. City personnel and a designated private certified tester will inspect and test backflow prevention devices of those customers who refuse to hire a certified tester on their own. Charges for said inspection and testing shall be equal to the city's cost including overhead and will be borne by the customer The customer shall be responsible for maintenance and repair costs of the backflow prevention device. The customer shall at all times maintain the device in proper working order as a condition of continued water service. If a backflow prevention device should fail to pass inspection and, the customer shall, within thirty (30) days after notification of test results, provide for repair of the device. Records of such test, repairs and overhauls shall be kept and made available to the Director.
6-4.20(J) Presently installed devices.
All presently installed backflow devices which do not meet the requirements of this section but were approved devices for the purpose described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Section 64.20(I), be excluded from the requirements of these rules so long as the Director is assured that they will satisfactorily protect the City system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Director finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
In addition to the rights granted the city in this article, the city may terminate water services to any premises served if a required backflow prevention device is removed by the customer or if the city finds evidence that an installed backflow prevention device has been bypassed, made or allowed to remain ineffective.
September 11, 2025 Pg. 183
Section 2
EFFECTIVE DATE: The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. In the event there is no newspaper of general circulation published and circulated within the City, then prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this full ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(a) and in two additional public locations within the City of Avenal, State of California, together with the names of the Council members voting for and against the same.
Alternatively, the City Clerk shall publish a summary of this ordinance, prepared by the City Attorney, and shall post a certified copy of the full text of this ordinance in the office of the City Clerk at least five (5) days prior to the City Council meeting at which this ordinance is adopted; Then within 15 days after adoption of this ordinance, the City Clerk shall again publish the summary with the names of those City Council members voting for and against this ordinance, and shall have a certified copy of the full text of the adopted ordinance posted within the office of the City Clerk, along with the names of those City Council members voting for and against the ordinance.
THE FOREGOING ORDINANCE was passed and adopted by the City Council of the City of Avenal, State of California, on , 2025 at a regular meeting of said Council duly and regularly convened on said day by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Alvaro Preciado, Mayor
ATTEST:
Maria Ortiz, City Clerk
September 11, 2025 Pg. 184
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World®”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10 - F
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: September 11, 2025
RE: Consider Ordinance 2025-03 Adding Chapter 12 to Title 4 of the Avenal Municipal Code – Establishing the Avenal Fire Department and Fire Protection Regulations and Waive First Reading. Resolution 2025-47
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2025-47, which:
1. Waives the first reading and introduces Ordinance 2025-03, establishing a municipal Fire Department under the Avenal Municipal Code;
2. Authorizes payment to Kings County for fire services for the first and second quarters of FY 25-26, consistent with the Agreement signed August 4, 2025;
3. Approves an initial budget not to exceed $650,973.85 to begin establishing a locally operated fire department with trained and experienced firefighters.
This action has been reviewed by the City Attorney.
BACKGROUND:
On August 4, 2025, the City Council approved and signed a new fire services agreement with County of Kings at an annual cost of $1,096,310; a significant increase from prior years.
For many years, the City has been evaluating options to ensure long-term, reliable fire protection for Avenal.
One viable option under consideration is the creation of a locally operated fire department staffed by trained professionals. This idea has been discussed during public forums and Town Halls since June, known as Option B, and community feedback remains an important part of the process moving forward.
With stronger financial footing to invest in itself, the City is now positioned to begin pursuing this option in a way that builds local capacity and creates long-term opportunity.
The proposed ordinance does not immediately create a new fire department but rather establishes the legal framework that will allow the City to continue preparing for this option. In the meantime, fire protection services will continue without interruption through County of Kings, until a locally operated department is determined to be fully operational and ready.
INFORMATION:
Ordinance 2025-03, formally creates the legal framework for the Avenal Fire Department, to be codified in Chapter 12 of Title 4 of the Avenal Municipal Code. It defines the Department’s purpose, structure, leadership, and operational authority.
This action does not activate the fire department. Rather, it authorizes the start of a structured planning phase, including equipment, operational modeling, and staff recruitment of trained/experienced professionals, all in collaboration with the City Council and community.
September 11, 2025 Pg. 185
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World®”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10 - F
Staff reminds the Council that the Avenal Police Department (APD) was created in a similar manner. The ordinance establishing APD was adopted in March 2010, with the department’s first patrol shift in November 2010. During that time, the City secured equipment, prepared facilities, and hired and trained staff.
The process for the Avenal Fire Department will follow a similar path. This is a crucial first step in preparing for a future department that is local, trained, and ready to serve.
FISCAL IMPACT:
An initial budget of up to $650,973.85 will be made available for the early phases of department formation, including:
- Use of $384,398.00 from a 2024 State Public Safety earmark provided by Senator Melissa Hurtado; - Use of $350,000 from the FY 25-26 General Fund surplus, allocated as part of this action.
All expenditures will be reported back to the Council as implementation progresses.
ENVIRONMENTAL REVIEW:
The proposed ordinance is exempt from CEQA under Guidelines §§ 15060(c)(2) and 15061(b)(3). A Notice of Exemption will be filed accordingly.
ATTACHMENTS:
- Resolution No. 2025-47
- Ordinance No. 2025-03 (Establishing the Avenal Fire Department) September 11, 2025 Pg. 186
ORDINANCE NO. 2025-_03_
AN ORDINANCE OF THE CITY OF AVENAL
ESTABLISHING A MUNICIPAL FIRE DEPARTMENT
AND REGULATIONS PERTAINING TO FIRE
PROTECTION WITHIN CITY LIMITS.
THE CITY COUNCIL OF THE CITY OF AVENAL DOES ORDAIN AS
FOLLOWS:
Section 1. PURPOSE: This ordinance is intended to create and provide for a municipal fire department within the City of Avenal (“City”) to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare within the City of Avenal provision of fire protection services, including enforcement of regulations pertaining to fire safety.
Section 2. CODE REPEAL: Each and any existing provision(s) of any prior ordinance of the City Council which is inconsistent with any provision(s) of this ordinance is hereby repealed only to the extent of such inconsistency(ies).
Section 3. ADOPTION OF CODE: Chapter 12 of Title 4 is hereby added to the Avenal Municipal Code, to read in its entirety as specified within ATTACHMENT 1 hereto, which is hereby incorporated into this ordinance as if fully set forth herein, verbatim.
Section 4. CEQA REVIEW: The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and 15061(b)(3) [there is no possibility the activity in question may have a significant effect on the environment]. The City Manager is hereby directed to ensure that they or their designee file a Notice of Exemption pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].
September 11, 2025 Pg. 187
Section 5. NO LIABILITY: The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Avenal, or any official, employee or agent thereof.
Section 6. PENDING ACTIONS: Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 7. SEVERABILITY: 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 City Council of the City of Avenal hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 8. CONSTRUCTION: The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Avenal Municipal Code as amended by this ordinance are substantially the same as provisions in the Avenal Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
September 11, 2025 Pg. 188
Section 9. EFFECTIVE DATE: The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. In the event there is no newspaper of general circulation published and circulated within the City, then prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this full ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(a) and in two additional public locations within the City of Avenal, State of California, together with the names of the Council members voting for and against the same.
Alternatively, the City Clerk shall publish a summary of this ordinance, prepared by the City Attorney, and shall post a certified copy of the full text of this ordinance in the office of the City Clerk at least five (5) days prior to the City Council meeting at which this ordinance is adopted; Then within 15 days after adoption of this ordinance, the City Clerk shall again publish the summary with the names of those City Council members voting for and against this ordinance, and shall have a certified copy of the full text of the adopted ordinance posted within the office of the City Clerk, along with the names of those City Council members voting for and against the ordinance.
THE FOREGOING ORDINANCE was passed and adopted by the City Council of the City of Avenal, State of California, on , 2025 at a regular meeting of said Council duly and regularly convened on said day by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Alvaro Preciado, Mayor
ATTEST:
Maria Ortiz, City Clerk
MD/20250808 - Avenal - DRAFT Fire Department Ordinance 2025-XX-1.docx September 11, 2025 Pg. 189
ATTACHMENT 1
Avenal Municipal Code
TITLE 4. PUBLIC SAFETY
Chapter 12. Fire Department
SECTION
4-12.1: Fire Department Established
4-12.10: Fire Chief
4-12.20: Standards and Training
4-12.30: Adoption of State Fire Code
4-12.1: Fire Department Established
(a) The Avenal Fire Department (“Department”) is hereby established as a department of the City of Avenal (“City”), pursuant to Government Code §§ 38611 and 36501(e). The Department shall be under the charge of a Fire Chief who shall be the head of the Department and who must have had previous training and experience as a fireman. The other members of the Department shall consist of those firemen or companies of firemen as the City Council may authorize by resolution. The City Council shall fix and pay the compensation of the chief and other firemen.
(b) Contracted Chief: Whenever the City has entered into a duly authorized contract with another public agency for the provision of fire services within the City, said contract may authorize the head of the other contracting public agency to serve as the Fire Chief of the City on an interim basis, and provide for other operational terms. Notwithstanding any provision in such contract or this Chapter to the contrary, anyone acting as the Fire Chief of the City on an interim basis shall not have any direct control over any personnel of the City, including any authority to appoint, dismiss or control or direct any employee of the City who is employed within the Department, but shall only have direct control over personnel of the contracted public agency who are providing fire protection services to the City.
(c) The Department shall primarily provide fire suppression and emergency medical services for the residents of the City, and upon recommendation of the Fire Chief may provide hazardous materials response, technical rescue and other emergency services as may be authorized by resolution of the City Council. The Department shall maintain mutual aid agreements with State agencies and surrounding fire departments and emergency service agencies, when the same are approved by the City Council.
September 11, 2025 Pg. 190
4-12.10: Fire Chief
(a) Appointment and Removal: The Fire Chief shall be appointed by the City Manager, with the advice and consent of the City Council, from a list of eligible candidates obtained through the City's normal recruitment procedures. The Fire Chief shall serve at the pleasure of the City Manager and may be removed by the City Manager at any time thereafter, in accordance with applicable provisions of the personnel regulations of the City and, if applicable, any written agreement entered into between the City Council and the Fire Chief. (b) Supervision and Control: The City Manager shall be the immediate supervisor of the Fire Chief and all policies, directives and orders from the City government to the Fire Chief shall be made by or transmitted through the City Manager as executive head of the City government. The Fire Chief shall report directly to the City Manager and not to the City Council, nor individual members thereof, nor to any other City committee or commission.
The Fire Chief must always comply with the provisions of each and all duly enacted ordinances and statutes.
(c) Powers and Duties: The Fire Chief shall be responsible to direct the administration and operations of the Department, in addition to policies transmitted to him/her by the City Manager, and shall establish other policies, directives, rules and regulations for the administration and operations of the Department as he/she sees fit. The Fire Chief shall serve as the appointing authority for each position within the Department, and shall have the power to suspend or dismiss any Department personnel consistent with the provisions of the City Personnel Manual and any applicable agreements. Notwithstanding anything to the contrary within this Chapter, each and all employment positions within the Department must be filled and/or vacated only after obtaining the consent and approval by the City Manager. The Fire Chief is authorized to issue citations to any person who, in violation of the provisions of the Fire Code, creates or maintains a public nuisance, violates fireworks regulations or fails to properly maintain real property. The Fire Chief shall also issue such permits and perform such inspections as are necessary and/or proper in carrying out the duties of the Department under the Fire Code.
(d) Responsibilities: The Fire Chief must lead professionally by example, and by participating as a member of the City management team. The Fire Chief must organize the Department to accomplish its mission and must coordinate and control the operations of major divisions of the Department as well as its relations with other fire departments and emergency service agencies. The Fire Chief shall be responsible for ensuring regular the inspection, maintenance, repair, replacement and proper use of all Department apparatus, equipment and facilities. Other responsibilities of the Fire Chief include, but are not necessarily be limited to: All such activities as may be required based upon a review and/or evaluation of the Department progress toward its goals and objectives; Planning for departmental needs and programs, including the preparation and submission of such budget material which may be required; Providing advice and counsel to the City Manager on matters pertaining to fire protection and emergency services; and Providing relevant information to, and maintaining external relations with, the public. The Fire Chief must September 11, 2025 Pg. 191
cause to be maintained adequate records of all of the Department’s emergency responses, training activities, equipment and maintenance thereof, and other Department operations as required by law and City policy.
4-12.20: Standards and Training
(a) The Department must meet or exceed each and all minimum standards established by the California State Fire Marshal, and other applicable State, federal and National Fire Protection Association (NFPA) standards, which are specifically mandated for local fire departments.
(b) All firefighters must satisfy minimum training requirements as, as specified in their job description, in addition to those which may be required in writing by the Fire Chief. At a minimum, all City firefighters must successfully complete basic training by a fire academy which is accredited by or otherwise satisfies the minimum accreditation standards of the State Fire Training (SFT) division of Office of the State Fire Marshal (OSFM). (c) The Fire Chief may establish additional training requirements based upon specific departmental goals, needs, specialized equipment or emergency response capabilities. 4-12.30: Adoption of State Fire Code as City’s Fire Code (a) For the purpose of regulating the safeguarding of life, property and the public welfare to a reasonable degree, from the hazards of fire and explosion, and the maintenance of adequate means of egress not otherwise provided for by other codes of City, the latest edition of California Fire Code, found in Part 9 of Title 24 of the California Code of Regulations, enacted by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Chapter in its entirety. Such code shall be known as the “Fire Code” of the City.
(b) At least one copy of the Fire Code adopted in this section must be made available in the office of the City Clerk, during normal business hours, for inspection by any member of the public.
September 11, 2025 Pg. 192
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Authorization to Pre-Pay County of Kings
for Fire Services; Authorization of
Expenditures for Public Safety Equipment;
Ratification of All Prior Expenditures and
Contracts for Fire Consultant Services and
Public Safety Equipment; and Waiver of
First Reading of Ordinance to Establish
Fire Department.
RESOLUTION 2025-_47_
WHEREAS, on or about August 4, 2025, the City Council (“Council”) of the City of Avenal (“City”) approved and authorized the signing of a fire services agreement (“Agreement”) with the County of Kings;
WHEREAS, the Council desires to authorize payment to the County of Kings for fire services under the Agreement for the first two quarters of the current fiscal year, including a prepayment for the second quarter which is in-progress; WHEREAS, the Council desires to continue the Agreement with the County of Kings for fire services;
WHEREAS, the Council desires to also take steps to finance, organize and establish a fire department as is required by State law, under Government Code § 38611; WHEREAS, the Council desires to enact an ordinance to satisfy the City’s mandatory duty under Government Code § 38611 to establish a fire department; and WHEREAS, the Council desires to authorize future expenditures in furtherance of the establishment of a fire department and to also ratify all prior expenditures in furtherance of the same.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON September ___, 2025, BY THE FOLLOWING VOTE:
September 11, 2025 Pg. 193
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true and correct;
2. Introduced by title only, and waived the first reading of an ordinance adopting Chapter 12 of Title 4 of the Avenal Municipal Code, said ordinance being titled “An Ordinance of the City of Avenal Establishing a Municipal Fire Department and Regulations Pertaining to Fire Protection Within City Limits” (the “Ordinance”);
3. Ordered that the proposed Ordinance be added to the agenda for the next regular City Council meeting, for a second reading or waiver thereof, and consideration for enactment;
4. Authorized the City Manager [and his designee(s)] to carry out expenditures for public safety consultants and equipment, in an amount not to exceed $650,973.85, provided that a summary of all such expenditures be reported to the Council at least quarterly;
5. Ratified all prior expenditures and contracts directed, entered into and/or approved by the City Manager or his designee(s) previously made for each fire consultant(s) and for all public safety equipment intended for future use by the fire department to be established to satisfy the City’s mandatory duty under Government Code § 38611, in the amount of $110,000, provided that a summary of all such expenditures and contracts be provided to the Council within thirty (30) days hereafter, if not already provided;
6. Ordered that the existing and prior fiscal year budgets be amended (if necessary), and such amendments being hereby approved, to accommodate all of the foregoing expenditures, which are hereby authorized and ratified; and
7. Authorized the City Manager, City Clerk and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
MD/20250903 - Avenal - Resolution Waiving 1st Reading of Fire Ordinance-1.doc September 11, 2025 Pg. 194