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SAN DIEGO (CNS) - The state Supreme Court Thursday ruled that a San Diego citizens' initiative that cut back city employee pensions was illegally placed on the ballot, and ordered an appeal court to consider a remedy.Proposition B, initially approved by voters in 2012, eliminated guaranteed pensions for new city employees, except police officers, and replaced those benefits with 401(k)-style retirement plans.In 2015, one of the city's largest public sector unions challenged the benefit system, alleging former Mayor Jerry Sanders and other officials illegally placed the measure on the ballot without conferring with labor groups. The Public Employees Relations Board ruled with the union, but the Fourth District Court of Appeal reversed the decision in April 2017.Now, the appeal court's decision is overturned."We reverse the Court of Appeal's judgment and remand for further proceedings to resolve issues beyond the scope of this opinion," wrote Associate Justice Carol A. Corrigan in Thursday's decision, in agreement with the other five justices.A city spokesperson couldn't be reached for comment.The court ruled that although it was a citizens' initiative, Sanders' support of Prob B as policy warranted engagement with the unions under the Meyers-Milias-Brown Act, which gave city and county employees the right to collective bargaining in 1968.Governing bodies "or other representatives as may be properly designated" need to engage with unions "prior to arriving at a determination of policy or course of action," according to the act.Sanders had said he supported the measure as a private citizen, not a public employee. The Supreme Court ruled that Sanders did use the power of his office to push the initiative, however."He consistently invoked his position as mayor and used city resources and employees to draft, promote and support the Initiative. The city's assertion that his support was merely that of a private citizen does not withstand objective scrutiny," Corrigan wrote.In overturning the Public Employees Relations Board ruling in 2017, the appeal court took an "unduly constricted view of the duty to meet and confer," according to the Supreme Court ruling.The Supreme Court ruled that the appeal court address an "appropriate judicial remedy" for the illegal placement of the initiative on the ballot.The Public Employees Relations Board had previously ruled the city must pay employees "for all lost compensation" related to lost pension benefits, which would cost millions of dollars.The 401(k)-style system was originally intended to save taxpayers money by reducing future pension liabilities. Approved by 65 percent of voters, the system was the first of its kind among California municipalities. 2742
SAN DIEGO (KGTV) -- A developer is proposing to build 1,200 housing units over the now-shuttered Carmel Mountain Ranch Country Club golf course.New Urban West is planning what's called "The Trails at Carmel Mountain Ranch." The plans, submitted to the city, call for 1,200 multifamily homes - a mix of for sale, and for rent - plus 111-acres of open space, including six miles of trails. The 164-acre project would make 10 percent of its rental units available for low-income households at 65 percent of the median income. "The plan features affordable and market rate housing for young families, working professionals, and seniors in very close proximity to thousands of jobs and a major transit center," said a statement from Jonathan Frankel, a vice president at New Urban West.Carmel Mountain Ranch golf course closed in 2018, amid a series of golf courses shutting down due to skyrocketing water rates. The course has since been fenced off, and is dominated by weeds and overgrowth. Now, a group of residents called Carmel Mountain United is raising concerns over the development in the golf-centric neighborhood. The neighborhood has several golf-cart crossing warning signs and its streets are named after famous courses.Troy Daum, who heads the group, says many people bought in the neighborhood because of the golf course. Now, his group is raising concerns that the development could increase traffic and make it more difficult to evacuate quickly in the event of a wildfire. Daum said New Urban West has ignored those calls and should instead focus on redeveloping area retail centers into mixed-use housing. "I don't think there's compromise with 1,200 homes," Daum said. "There's just not room in the community to handle that."Frankel says the project comes after neighborhood workshops and online surveys. A release from New Urban West notes upwards of 1,600 units could have been built on the property. The project is currently undergoing environmental review and will go through public hearings once that is complete. 2042
SAN DIEGO (KGTV) - A former Camp Pendleton Marine was sentenced Monday to more than 17 years in prison for owning and distributing child pornography.William Walsh IV, 55, was arrested in May 2017. Escondido Police officers searched his home and seized hundreds of files Walsh had downloaded through peer-to-peer file sharing software.A jury found Walsh guilty of all charges. U.S. District Judge Anthony J. Battaglia said Walsh’s conduct was “on the extreme end of the cases I have seen.”“Today a man who committed terrible crimes against children was sentenced to many years in prison,” said U.S. Attorney Adam Braverman. “These horrible experiences will echo in the hearts and minds of young victims for a lifetime, and I am deeply distressed and deeply committed to pursuing cases that will protect our vulnerable youth from people like Walsh.”“Today’s sentence confirms that this predator can no longer victimize innocent children because he is off the streets and he is offline,” said FBI Special Agent in Charge John Brown. “This investigation showcases the success of collaborative federal and local investigations working toward a common goal.”Walsh will serve his sentence in federal prison. 1208
SAN DIEGO (KGTV) - A cold-case murder shrouded in mystery for decades just led investigators across the country, straight to a San Diego man. In June of 1984, 15-year-old Reesa Trexler was found naked, raped and stabbed to death in her grandparents' home in Salisbury, outside Charlotte, N.C. For more than 35 years there were few answers. Last year, Trexler's younger sister, Jodie Laird, appeared on the Dr. Phil show to quash long-held speculation that she was the killer. On the show, she took and passed a polygraph test.RELATED: 40-year-old San Diego cold case solved with help of genealogical databaseThis week, an emotional scene unfolded for her and other family as Salisbury police announced the case was solved. The big break was DNA evidence uploaded to a public genealogy website, which pointed to a suspect. According to search warrants obtained by WBTV, the suspect was Curtis Edward Blair, who was still living in San Diego when he died of heart failure in 2004. His body was exhumed from his grave in North Carolina for DNA samples, before police closed the case. Police say he was working at a Frito Lay plant near the home and had no connection to the family.RELATED: Suspect in 1986 Escondido cold case homicide arrested“Thirty-five years is a long time and we’re just as happy as we could possibly be," Laird said. “I know that we’ll never get all of the answers that we want, but at least we have the answers that we need.”10news uncovered some answers about his criminal resume during his time in San Diego. Records show he moved to the area two years after the murder. The 43-year-old was arrested and charged in 1986, accused of robbing two men, one at knife point. According to court documents, he pleaded guilty and received a 3-year sentence. 1779
SAN DIEGO (KGTV and ABC) - Fishermen had a close encounter with killer whales off the San Diego coast that was caught on camera. The group was on a 21-foot boat looking for yellowtail when they came across the orcas. "Out of nowhere, one of them popped up right next to the boat 3 or 4 feet away from me…landed, splashed me, and splashed the whole side of the boat. I screamed,” witness Nathan Benge told Good Morning America. One of the killer whales had a playful interaction, performing a belly roll beneath the surface of the boat’s wake, GMA reported. RELATED: Drone video captures massive group leopard sharks off La Jolla “Oh, it was incredible,” said Benge. “I've never been that close to a creature. Just huge. I mean, I could have reached out and touched it.” The orca swam near Benge’s boat for 10 minutes before it left. 840