Avenal denied temporary restraining order against Kings County over fire services

Key Takeaways
Key Takeaways
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• Court denied Avenal’s immediate TRO, scheduling a full hearing for April 22.
• County ended contractual fire protection March 28, citing breach and emergency.
• County says mutual aid will cover Avenal while city works to form its own department.

HANFORD

Kings County Superior Court denied the City of Avenal’s application for a temporary restraining order to force the county to continue fire services to the city.

Avenal took legal action after the county termination of fire services, seeking prompt resolution to protect the safety of its residents.

The court did not issue a temporary restraining order on Wednesday, but it set the matter for a full hearing on April 22.

“We look forward to making our full case on April 22,” said mayor Alvaro Preciado in a statement following the court proceedings.

Preciado said the safety of Avenal’s residents is top priority.

The board of supervisors unanimously voted on March 28 to end the county’s fire protection services with Avenal, effective immediately, citing a breach of contract.

Avenal filed a lawsuit on April 1 against the county seeking a temporary restraining order (TRO) to force the county to provide fire services to the city for a period of six months.

In a press conference the same day, county officials stood by their decision to close the only fire station in the city of Avenal and said residents will still receive fire services from the county, though response times may take longer

City officials said the issue in question is whether the county can terminate fire services without providing the required notice under the agreement and without a responsible transition plan.

On March 30, Avenal City Manager Antony Lopez said the city has requested the county “honor its obligation to provide appropriate notice and continue fire protection services to the city for a six-month transition period” under their existing agreement.

City officials said that while the city sought immediate relief, it respects the court’s decision to allow the matter to proceed through a full hearing, remaining committed to resolving the issue as quickly as possible.

Kings County District Attorney Sarah Hacker sued the city of Avenal in December for alleged Brown Act violations over closed meetings in which officials discussed forming their own municipal fire department.

The county’s decision to terminate the contract took place after a public safety disagreement between the city and the county fire chief over the occupancy safety of Avenal’s community center ahead of a scheduled boxing event.

County fire Chief John Chamberlin said last week that the fire services will be provided to Avenal on a mutual aid basis, meaning “the Kings County Fire Department will continue to respond to the city of Avenal, albeit from a slightly further location and a more stringent determination of needs.”

City officials had said the county’s decision puts more than 13,000 residents at risk, calling the county’s actions “bullying tactics.”

On April 1, the city welcomed its new fire chief Jacob McAfee through a social media post video and held a town hall meeting on Tuesday, April 7 for residents to meet McAfee in person, learn about the new fire department and ask questions. The city said it is working “quickly to build a modern, professional and community centered department that serves our residents effectively.”

County officials said the county’s fire department will continue to respond to emergencies in Avenal based on dispatch criteria, with additional support available through partner agencies across Kings and Fresno counties, including Cal Fire and Fresno County Fire. Emergency medical services remain unchanged through American Ambulance.