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SAN DIEGO (CNS) - San Diego is the fourth-best large city in the country in which to live, according to a ranked list released Tuesday by the personal finance website WalletHub.WalletHub ranked cities with a population above 300,000 by evaluating their affordability, economic strength, education and health quality, quality of life and safety. A total of 62 cities were sampled for the list, with Virginia Beach, Virginia, taking the top spot.San Diego ranked 51st in affordability but ranked among the top-10 cities in education and health, quality of life and safety, and 12th in economic strength. According to WalletHub data, San Diego had the second-lowest crime rate behind Virginia Beach and was tied for first for coffee shops per capita.Joining San Diego and Virginia Beach among the top five were Austin, Seattle and Las Vegas in second, third and fifth, respectively. Rounding out the top 10 were San Francisco, New York, San Jose, Honolulu and Portland, Oregon.Detroit, Michigan, ranked last among large cities due to its dead-last ranks for economic strength and health and education quality. Memphis, Cleveland, Baltimore and St. Louis also sat in the bottom five. All five cities at the bottom of the list were in the bottom half for public safety, economic integrity and health and education quality.San Diego ranked fifth on last year's list and fourth on WalletHub's 2017 big cities list. 1415

SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - San Diego's utilities future remains undecided after the City Council debated terms for a franchise agreement for its electric and natural gas provider this week.The council was asked Thursday to agree on the terms it was looking for in the agreement for one of the city's most valuable assets, valued at more than .2 billion.San Diego Gas & Electric has been the sole provider of natural gas and electric utility services for San Diego since 1920. The current franchise agreement, finalized in 1970, is set to expire Jan. 17, 2021. San Diego is California's largest city to have franchise agreements with its utilities.The terms, had they been approved Thursday, would have opened the bidding process for any interested entities to bid on the franchise agreement. They were presented to the council for input and did not technically require council approval.In the coming weeks, the city will release the final terms of the bid document, which will include input received from the public and the council, and the bidding process will begin, officials with Mayor Kevin Faulconer's office told City News Service on Saturday.Once bidding is concluded and a franchise is awarded, the agreement will go to the full council, requiring two-thirds approval.Howard Golub, a consultant for JVJ Pacific Consulting, which the city hired to analyze its needs, recommended the minimum bid in the terms should be million -- low enough to encourage bids but not so low the city and its residents are suffocated by high rates and later surcharges with no money back to show for it, he said."This is the floor, not the ceiling," Golub said.Golub also recommended franchise fees of 3.5% for natural gas and 3% for electric and a 20-year term with the bidder the city chooses.SDG&E is owned by Sempra Energy, an international corporation based in San Diego. Warren Buffett-owned Berkshire Hathaway has expressed interest in the bidding process.An initial proposal by Council President Georgette Gomez was rejected 6-3. It included a provision similar to that of Chula Vista, with a 10-year deal with an automatic renewal if the franchisee had been a "good partner."An amendment by Councilwoman Monica Montgomery raised the minimum bid from the 1% of total value of million to 5%, or 0 million. It also included a climate equity fund and the provision to make the highest bidder subject to collective bargaining from employees who were working for SDG&E -- in case that company does not win the bid."We can't be working toward a just climate future if our partner undermines that," Gomez said.Councilwoman Jennifer Campbell then proposed terms to accept all of JVJ's recommendations with the option to "explore" the climate equity fund. This failed 5-4, with multiple council members switching votes during discussion as amendments were added and removed.Councilman Chris Cate asked for a provision to see and consider all bids for the franchise agreement regardless of the bid offered -- dependent on how closely each bidder met the city's terms.Councilwoman Vivian Moreno said the lack of concrete plan to establish and fund the climate equity fund -- which she said would be funded by the minimum bid and would add "green" elements to portions of the city often underserved -- was automatically unacceptable for her.The council's lack of consensus prompted some speculation about the possibility of municipalizing the city's gas and electric services."I recommend a franchise agreement first," Golub said. "And if that's not feasible, move to a publicly owned utility."High interest rates in 1970 prevented the city from seriously examining that route, but much lower interest rates now make a public-owned utility more feasible, Golub said.According to valuations by business process management company NewGen, the city could buy out SDG&E's infrastructure at a fair market rate of just over billion.According to Golub's recommendations, the city should not do what it did in 1970 -- accept a franchise agreement it wasn't happy with because SDG&E was the sole bidder.More than 80 members of the public called in to the meeting to express support for a franchise renewal of SDG&E or for municipalization.The callers were fairly evenly split, with many of the calls in support of extending the existing franchise agreement with SDG&E coming from employees with the company or those representing the International Brotherhood of Electrical Workers local representing SDG&E workers.They claimed maintaining jobs, 100 years of history with the city and "keeping it local" as reasons to renew the franchise as soon as possible for 20 years or more.Opponents to moving any franchise agreement forward claimed SDG&E's perceived lack of reliability, its high utility costs and its parent company's involvement in fracking are all reasons to avoid franchising with SDG&E.Some of them made impassioned pleas to municipalize the city's gas and electric, essentially making the city take on the burden of providing the utilities.One man urged the council to vote no and do further study on the potential of municipalization and the ramifications of not doing so."When this goes sideways, and it will, you can't say you didn't know," he said. 5295

SAN DIEGO (CNS) - San Diego County supervisors voted Tuesday for Dianne Jacob to serve as board chairwoman, and approved Greg Cox as vice chairman.By a 5-0 vote, the board also voted in Jim Desmond as the chair pro tem. Desmond, who succeeds Bill Horn as District 5 representative, made a motion for the leadership change based on the board rotation policy.The vote came after outgoing board Chairwoman Kristin Gaspar made a short speech on her time in the leadership role.She cited numerous board accomplishments, including the formation of working groups on the regional homeless problem and county road policies."This year has been incredible," Gaspar said. "It's sad to pass along the gavel, but at the same time, I'm happy." 737

SAN DIEGO (CNS) - Testimony wrapped up Friday in the trial of a North Carolina man accused of raping and murdering a 79-year-old woman in her Normal Heights home more than three decades ago.Kevin Thomas Ford, 63, is charged with murder and a special- circumstance allegation of murder during a rape in connection with the May 20, 1987, death of Grace Hayden.Ford is accused of strangling the victim. Last year, investigators with the District Attorney's Office's identified Ford as a suspect through DNA evidence, prosecutors say, as well as a single fingerprint he allegedly left on Hayden's stovetop.RELATED: April trial date set for man accused in 1987 rape, murder of San Diego womanTrial testimony indicated that Ford's fingerprint did not yield results on a San Diego County database, but when submitted to a national database, a match was found in connection with Ford's 2015 arrest in North Carolina for making criminal threats.He was subsequently arrested in the summer of 2018.His murder trial began earlier this week at the downtown San Diego courthouse. Closing arguments are slated to be delivered Tuesday morning. He remains held in custody without bail. 1176

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