U M J LI A N
PRESORTED STandARD
U.S. POSTAGE
PAID
. 9 203
6
AIL
CA
ED FR
O
PERMIT NO. 30 JULIAN, CA
M
50¢
(46¢ + tax included)
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
PO Box 639 Julian, CA 92036
1985
Change Service requested
DATED MATERIAL
For the Community, by the Community.
Wednesday
www.JulianNews.com
... And They’re Off
June 12, 2019
Julian, CA.
Volume 34 — Issue 45 ISSN 1937-8416
Judge Calls For New Trial On JCFPD Brown Act Case
by Michael Hart
Dad
by Nadine Neth
His back is broad and bronzed and oh so powerful. And wrapping my tiny arms around his neck I cling to the safest body there is. I am four years old. Nothing can harm me here from this position of pure Oneness with my favorite human. I am in command from this here too. I choose when and which one we will ride to the shore. Over and again I choose and my Father launches our bodies through the waves and onto the sand. And I am in Heaven. Nothing could please me more. We have this time together~just Us. And it will always be so.
The Julian Dance and Back Country BBQ This Saturday June, 15 the time has come for that great Julian springtime tradition. If you haven’t been don’t miss it and if you have, welcome back. This event is in it’s 13th year and through the generous participation of Julian’s merchants the Sons of the American Legion hope to have a great year being the charitable benefactors that they have in the past. Here’s the basics. At juliandance.org you can get all the information you need but you should know that the Sons have held prices for this event for about five years. Advance tickets online, at the Town Hall or the Legion are $20.00, and $25.00 at the gate. Kids 16 and under are 5.00 at the gate only. The food, beer and wine are all at separate prices. Parking is free. There are no coolers or pets allowed. Gates open a noon and the event closes at 9 p.m. There is a great kid’s area that is open till 7 p.m. If you want reserved seating that includes your meal there will be a limited number still available at the gate but you’re encouraged to get them online. There are three great bands and there will be music and dancing all day. Remember to bring your I.D. we strictly adhere to the rules laid out by the ABC. Below is a Schedule of Events but remember times are approximate and listen to your M.C. for announcements. Noon - Gates open, Kid’s area is open and BBQ is served all day. 12:30 - Three Chord Justice takes the stage. 2:30 - Pie Eating Contest at the dance floor, ages 17 and under. 3:00 - Brad Johnson and Killin’ Time takes the stage. Pie Eating Contest, Adults during band break. 3:30 - Biggest Water Balloon Fight in the Back Country - Kids Area continued on page 10
www.visitjulian.com
Julian High students entering the quad for graduation 2019, Friday
Mr Duffy greets parents, family and friends for the Junior High advancement, Thursday Thursday and Friday were busy day at the two main school complexes, Thursday Julian Junior High held its advancement ceremony with all the usual cheering, hoot and hollers from the parents and friends. Students received accolade and awards from their teachers, as well as numerous organizations in town, including Lion’s Club, American Legion, Triangle Club, Pioneer Museum and the Julian News. Then Friday all attention turned to the high school for the graduation class of 2019 all 26 of them. Weather was not an issue as the breeze was light and temperature in the low 70’s as the festivities began at 6pm. Patrick Scholl was class valedictorian and gave an emotion filled speech challenging the class not to just move on, but to “take what you dream, if it’s truely what you want go and get it.” All of graduates and their parents left with big smiles and a since of pride in what they acomplished. So far!
The ongoing court battle with the new JCFPD board against the County and LAFCO will continue, when is uncertain, but the attorneys will figure it out. At Friday’s (June 7) hearing on allowing the County/LAFCO to become parties to the case, Judge Randa Trapp denied the JCFPD’s new attorney (Cory Briggs) and the Volunteers attorney (Craig Sherman) claims and sided with the County/LAFCO that a new trial on the alleged “Brown Act” violations by the old board when they agreed to dissolve and bring in the County Fire Authority was appropriate. In her ruling she states: “MOTION TO VACATE JUDGMENT AND TO ENTER NEW JUDGMENT OR IN THE ALTERATIVE FOR A NEW TRIAL by intervenors County of San Diego and San Diego Local Agency Formation Commission is DENIED in part and GRANTED in part.” In response to a motion by the County and LAFCO to reverse her initial ruling on April 5 she denied the request for a new judgement. In so doing she noted the court could not accept new fact and the ordered a new trial: “The Motion for New Trial is granted due to irregularity in the proceedings of the court or adverse party which prevented parties from having a fair trial. There are several irregularities in how this writ was presented to the court and because indispensable parties were not named or served, they were prevented from having a fair trial. (CCP § 657(1)). First, defendant Jack Shelver was not provided notice of the March 26, 2019 ex parte whereby plaintiffs and defendant Julian-Cuyamaca Fire Protection District requested a Stipulated Judgment. The court set the matter for a hearing on a noticed Motion on April 5, 2019 and Mr. Shelver was also not provided notice of that hearing. Although plaintiff had filed a dismissal of Mr. Shelver, the court record at that time did not show it had been entered and in fact was later rejected for failing to file the second page of the dismissal form. Mr. Shelver should have been served. Second, plaintiffs and defendant Julian-Cuyamaca Fire Protection District did not join, and did not inform the court about, indispensable parties that the judgment would affect: County of San Diego and San Diego Local Agency Formation Commission [LAFCO]. The court granted their request to intervene on April 26, 2019. Because of this irregularity, the County of San Diego and LAFCO were not given the opportunity to oppose the writ of mandate. Therefore, the Motion for a New Trial is granted. The judgment of April 5, 2019 is vacated.” This leaves the current status in place. After the hearing on the 31st in which the County sought and was granted temporary restraining order which called for the eviction of the volunteers from the fire station. The new station had been abandoned by the volunteers (see June 5 Julian News), even though their attorneys had filed an appeal. The County has taken possession, sort of. On Sunday the 2nd, the County went to the station and discovering the status, at the direction of the county counsel, broke into Station 56 in the company of a sheriff’s deputy, changed the locks and during the inspection discovered the previously missing Engine 57 now housed in the apparatus bay. “We have not removed anything from the building.” Fire Authority Chief Tony Mecham said. “We have not taken any apparatus. We have taken no action other than to insure the property and the facility has been secured.” The appeal on the restraining order is pending and at this time no date appears on the Court of Appeals calendar. According to Fire Authority Chief Tony Mecham “The County will continue to check daily on the fire station and all the equipment that used to belong to the volunteer district that’s inside.” He added: “the County will also do some landscaping to keep it looking good.” Last Tuesday CALFire was observed at the Cuyamaca Station 57 with weed whips clearing and cleaning up the property. The County Fire Authority and CALFire will continue to provide all emergency services for the JCFPD service area from Stations 50 and 51. The questions now being asked by many in the community is “How are the volunteers paying for all of this? What happened to the district money that was transferred to their attorney’s trust account? When will the voters finally get their wish - for this to be over? And, can we get a rebate on the service fee we pay, since the JCFPD is no longer an active district?”
Hoskings Ranch Hearing At The California Court Of Appeal
Class President Haley Simonds giving the opening remarks at the Jr High advancement ceremonies.
Students were all smiles as diplomas are handed out
Seeking to prevent the development of the Hoskings Ranch ranch land property in Julian, The Cleveland National Forest Foundation attorneys will be presenting oral argument before a three judge panel of the California Court of Appeals on June 13, 2019 at 9 am. The purpose of this hearing is to determine whether the real estate developer will be allowed to create 24 luxury homesites on the 1416 acre Hoskings Ranch property currently restricted by a Williamson Act contract located at the south west corner of State Hwy. 78/79 and Pine Hills Road in Julian, CA. Among the issues to be addressed is the determination whether private property, held under a Williamson Act Contract, can be developed for private residential development. The Hoskings Ranch currently is held under a Williamson Act Contract with the state of California, limiting the use of such land to agricultural use or open space. In return for preserving the naturally beautiful property for agriculture or open space, the property owner receives a substantial reduction in California state property taxes. In weighing the legal arguments, the Court of Appeal will consider the Williamson Act statute that prohibits residential development on agricultural land or open space, other than structures incidental to agricultural purposes. The developer is seeking to build 24 luxury homesites that are not incidental to agricultural purposes, as argued by the attorneys for the Cleveland National Forest Foundation. A February 2016 letter from the California Department of Conservation continued on page 5
Julian Backcountry Dance & BBQ — June 15th. Get Tickets at Town Hall ($20). www.Juliandance.org