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DATED MATERIAL
For the Community, by the Community.
Wednesday
County Fire Authority Allowed To Inspect As Court Battle Continues A full week for the lawyers as the County, LAFCO and the new JCFPD board, started the legal battle over the district and the vote. Meanwhile members of the volunteers continued to hole up at Station 56 on Hwy 79. Thursday and Friday the attorneys for the County, LAFCO and the JCFPD all appeared before Judge Randa Trapp to sort out the details of the County and LAFCO wanting to be represented before the case goes to trial. On Thursday the Judge had all parties work out a plan for the County Fire Authority to visit the station and inspect all equipment and facilities for at least the next 30 days while the litigation proceeds. An agreement was also made to have all JCFPD
ESTABLISHED
An Independent Weekly Newspaper Serving the Backcountry Communities of Julian, Cuyamaca, Santa Ysabel, Shelter Valley, Mt. Laguna, Ranchita, Sunshine Summit, Warner Springs and Wynola.
Julian News
www.JulianNews.com Station Music On The Mountain by Michael Hart
Julian, CA.
Volume 34 — Issue 39 ISSN 1937-8416
From Different Mothers: Jeff Kossack and Jimmy Yessian
Spring Sports Schedules
Julian volunteerr Brian Crouch checks in Chief Jeremi Roeslar and County Fire Authority Fire Services Coordinator Kevin O’Leary for the scheduled first inspection Friday afternoon. the station and the County will now have the right to schedule inspections, the first inspection was Friday afternoon at 3pm. Although they have agreed to a daily schedule the County has indicated in may be less often. The back pay and other outstanding bills will be paid from the $375,000 of the district’s money that was transferred into their attorneys trust account Under the agreement, the district is to provide an inventory of property that was removed by volunteers from Cuyamaca station 57, prior to the LAFCO personnel receive their back pay whether the former board of ruling. For at least the next 30 days for the period just prior to the directors had violated the “Brown nothing changes, County Fire LAFCO ruling and certification of Act” in their action to move Authority is responding to any the vote. forward with dissolution and calls. The volunteers continue to Once they parties returned joining the County Fire Authority. maintain their presence at station from hashing the agreements At Fridays hearing, about 15 56. out the judge tentatively ruled minutes, the judge finalized her The only change is now the to allow LAFCO and the County ruling.(see below) former board is being defended to interviene on the case - on The volunteers remain at by the County and LAFCO. Judge Trapp’s final ruling on Friday: APPLICATION FOR LEAVE TO INTERVENE AS REAL PARTIES IN INTEREST by San Diego Local Agency Formation Commission and County of San Diego is GRANTED. (CCP § 389(b)) Request for Judicial Notice is granted. The request to intervene is timely. The timeliness of a motion to intervene under section 387 is determined based on the date the proposed interveners knew or should have known their interests in the litigation were not being adequately represented. (Ziani Homeowners Assn. v. Brookfield Ziani LLC (2015) 243 Cal.App.4th 274, 282) Section 387 of the Code of Civil Procedure formerly limited intervention to a time before trial, but this limitation was removed by the 1977 amendment to the section, which now reads “Upon timely application” rather than “At any time before trial.” (Mallick v. Superior Court (1979) 89 Cal. App.3d 434, 437) The fact that section 387 allows for a “timely” application means that intervention after a judgment is possible. (Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260, 267) Defendant/ respondent Julian-Cuyamaca Fire Protection District’s [JCFPD] citation to case law prior to the 1977 amendment is not persuasive. Previously, JCFPD was represented by counsel and opposed the writ of mandate, however new counsel substituted in and the court was informed JCFPD would not oppose the writ of mandate filed by Julian Volunteer Fire Company Association, claiming inter alia, that there were violations of the Brown Act by three members affecting the decision by JCFPD to dissolve. Therefore, the writ of mandate was unopposed and the court found that JCFPD violated the Brown Act. However, proposed intervenors San Diego Local Agency Formation Commission [LAFCO] and County of San Diego [County], did not learn of the court's ruling until April 8, 2019 when it met to receive the results of a special election and set an effective date for JCFPD's dissolution and was informed of this court's ruling. While they may have been aware of the various lawsuits that have been filed, there is no evidence they had knowledge that their interests were not being represented until April 8, 2019. Proposed Intervenors have shown that mandatory intervention is proper. (CCP § 389(b)) A person is an indispensable party if his or her rights must necessarily be affected by the judgment. (Save Our Bay, Inc. v. San Diego Unified Port Dist. (1996) 42 Cal.App.4th 686, 692) Where the plaintiff seeks some type of affirmative relief which, if granted, would injure or affect the interest of a third person not joined, that third person is an indispensable party. (Sierra Club, Inc. v. California Coastal Com. (1979) 95 Cal.App.3d 495, 501) Here, unbeknownst to this court at the time, its ruling did affect both LAFCO and the County. LAFCO was in the process of waiting for certification of an election it requested to determine whether LAFCO should proceed with the dissolution of JCFPD and transition services to the County when the writ of mandate was heard. Afterwards, LAFCO received the results of the election and learned for the first time that JCFPD was using this court’s order to declare the resolution dissolving it to be null and void, the Registrar could not conduct the election and the County could not succeed by operation of law to JCFPD’s property and assets. Thus, the County, the Registrar’s and LAFCO’s rights were all affected by the judgment entered by this court on April 4, 2019 without representation. Further, JCFPD recently filed a lawsuit to set aside LAFCO’s certification of JCFPD’s dissolution based on the judgment in this case. JCFPD contends that the judgment in this action voided the application to dissolve and thus the Registrar could not have conducted the special election on March 19th, could not have taken action on April 8th and the County could not succeed by operation of law to JCFPD’s property and assets. Unless it intervenes, LAFCO will not be able to defend the dissolution proceedings. The County also has a direct interest as the successor agency to JCFPD following the dissolution and therefore legally responsible for any liabilities imposed on JCFPD. And until JCFPD’s related lawsuit challenging the validity of the dissolution is concluded, the County is responsible for providing fire protection and emergency medical services within JCFPD’s former boundaries. JCFPD’s position in the related case is that the County’s assumption of services and ownership of those former JCFPD assets and facilities is void. There is also the issue of who would be responsible for attorney fees for any Brown Act violation. Previously, JCFPD and LAFCO’s positions were not adversarial as both were defending Resolution No. 2018-03 to dissolve JCFPD. JCFPD’s change in position created a situation where the proposed intervenors now have a direct interest in the litigation but they were not represented in the writ of mandate proceedings. LAFCO and the County shall file their Proposed Answer in Intervention by May 3, 2019.
www.visitjulian.com
May 1, 2019
Eagles Track
Jimmy Yessian Jeff Kossack Please join us on Tuesday, May 7 at 6 pm as the Julian Library hosts a free concert featuring the dynamic duo of Jeff Kossack and Jimmy Yessian performing as “From Different Mothers.” These two fabulous songwriters and musicians put on a show that you won't want to miss! in 2012, Yessian created The Tall Men Group with Kossack and four other premier singer-songwriters; this duo is a spin-off from the TMG. Jeff Kossack has been writing music since he was seven years old. He has released at least four CDs over his adult life and has been nominated for a Hollywood Music in Media award three times. He was privileged to co-write Eddie Money's last charting single while on the Columbia label, a song called "Fall in Love Again.” Besides his own music, Jeff has produced records for many artists including three other Tall Men and more than 30 other Los Angeles-based artists at his studio, OtherHand Recording. Jeff openly declares that his finest musical moments are the ones he has spent with his Tall brethren. The title song on his CD “Less is the New Black” is also featured on the 2 Tall CD. His tracking room, OtherHand Recording, remains a hub of creative activity. Kossack plays percussion and guitar. Jimmy “Muffin” Yessian has been inspired by music his entire life. He is a passionate live performer who connects instantly with his audiences. He has performed around the country on the same bill or has worked with artists as diversified as Jeffrey Steele, Allan Rich, Steve Dorff, Al Anderson, Billy Dean, Gary Baker, Jamie O'Neil, Chuck Cannon and The Tall Men Group. He was appointed VP of Creative Development for Ash Street Music Publishing in charge of signing and developing writers and signed an exclusive writer’s agreement with the company. His song "Stand Tall America," co-written with Gary Baker ("I Swear" and "I'm Already There") and Jerry Williams was the featured song in the PBS-aired documentary film One Voice/The Healing Pole and is the lead song on the “Inspiration New York” CD. Come to the library and listen to these amazing artists who have collaborated to bring you their own songs. Their best reward is to have an appreciative audience. We also thank Butterfield Bed and Breakfast for putting this Los Angeles based duo up as a gift to Julian. This concert is on Tuesday, May 7 at 6:00 pm. For more information, you may contact the Julian Library at 760-765-0370. The library is located at 1850 Highway 78 in Julian.
Nickel Beer Hosts Veteran Brew for Inner North Star PTSD Retreat Center
Friday, March 1 Home vs Mountain Empire Friday, March 8 Crusader Classic at Calvin Christion HS Saturday, March 16 Elmer Runge Invitational at West Hills HS Friday, March 22 3:00 Citrus League #1 at Julian HS Saturday, March 23 10:00 Calvin Christian Small Schools Invitational at Escondido HS Friday, April 12 3:00 Citrus League #2 at Julian HS Friday, April 26 3:00 Dennis Gilbert Small Schools Invitational at Mountain Empire HS Saturday, April 27 8:00 Dick Wilkins Frosh-Soph Invitational at Del Norte HS Thursday, May 2 3:00 Citrus League Finals at Julian HS Saturday, May 11 9:00 San Diego CIF - Prelims at Mt Carmel HS Saturday, May 18 11:00 San Diego CIF - Finals at Mt. Carmel HS
Girls Softball
Friday, March 1 W 8-5 @Avalon Tuesday, March 5 L 2-12 Home vs Foothills Christian Thursday March 7 3:30 Home vs St. Joseph Academy Tuesday, March 12 3:30 Home vs St. Joseph Academy Wednesday, March 13 L 1-5 @ Guajome Park Academy Friday, March 15 3:30 Home vs Guajome Park Academy Tuesday, March 19 3:30 Home vs Vincent Memorial Wednesday, March 20 3:30 Home vs Calvary Christian Monday, March 25 3:30 @ St Joseph Academy
Boys Baseball
Inner North Star PTSD Retreat Center founder and Air Force veteran Michelle Dutro helps veterans Seth Godfrey and Mat Marthaler with brewing Warrior Contribution Beer. On Saturday, April 27th Nickel Beer Company hosted a group of Veterans to participate in brewing a batch of beer. The event was a charity fundraiser for the non-profit Inner North Star PTSD Retreat Center in Julian that provides no cost retreats to Veterans and First Responders with PTSD. The group of Veterans brewed a batch of Warrior Contribution Beer, an award-winning, 5% alcohol Golden Ale. They got to learn the entire brewing process from raw malt and hops to finished product. Local resident and retired USMC veteran Mat Marthaler got to be a part of the brew day. He said, “It is nice to see businesses and a community who are supportive of veterans and veteran causes. I have always loved beer and did not appreciate everything that goes in my favorite beverage!” All of the proceeds from Warrior Contribution Beer will be donated to the Inner North Star PTSD Retreat Center. The beer will be tapped at a release party at Nickel Beer on Saturday, May 18th. This special continued on page 12
Tuesday, February 26 3:30 @ Ocean View Christian Tuesday, March 5 3:30 @ St. Joseph Academy Thursday, March 7 3:30 Home vs Ocean View Christian Thursday, March 14 F @ Calvary Christian Monday, March 18 L 0-1 @ Escondido Charter Wednesday, March 20 F Thursday, March 21 F @ Ocean View Christian Wednesday, March 27 L 8-1 @ Rock Academy Tuesday, April 9 W 12-7 Home vs High Tech NC Wednesday, April 10 L 10-16 @ High Tech NC(San Marcos) Friday, April 12 L 9-15 Home vs St. Joseph Academy Tuesday, April 16 3:30 Home vs Calvary Christian Wednesday, April 17 3:30 @ St Joseph Academy
Julian Chamber Mixer —Thursday, May 2 Heroes Restaurant on Main Street—5:30pm
continued on page 4