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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 (CNS) - Two new supervisors along with four other county officials, including the district attorney, were sworn in Monday.With family members looking on, Supervisors Jim Desmond and Nathan Fletcher, Assessor/Recorder/County Clerk Ernest Dronenburg, Sheriff Bill Gore, Treasurer/Tax Collector Dan McAllister and District Attorney Summer Stephan took an oath to both the U.S. and state constitutions.Fletcher, who succeeds Ron Roberts, is the second Democrat to serve on the technically nonpartisan Board of Supervisors in roughly three decades.He defeated Republican Bonnie Dumanis in the Nov. 6 election to represent the Fourth District, which includes parts of central and northern San Diego proper from downtown to La Jolla.Desmond, former Republican mayor of San Marcos, defeated Democrat Michelle Gomez, a legislative analyst. He succeeds Bill Horn in representing north San Diego County, including Carlsbad, Oceanside, Fallbrook and Borrego Springs.Gore, Stephan, Dronenburg and Dan McAllister all won outright in the June primary, with more than 50 percent of the vote collected by all four incumbents.After being sworn in, each official gave a short speech. Fletcher said it's a tremendous honor to be able to serve the public, and he takes that obligation very seriously. He said change can be difficult and ``push us outside of our comfort zone,'' but can also mean new insight, benefiting policy and governance.Whatever differences board members have, ``we must always strive to find agreement,'' Fletcher said. While principled dissent is OK, Fletcher said he'll work tirelessly to advance the principles of the county motto: ``the noblest motive is the public good.''``I believe in government as an institution of good, where opportunity is open to all,'' Fletcher said. ``Today, let's get to work.''Desmond said he was ``honored and overwhelmed'' to join the board and thousands of county employees.``I feel today like I've been given a great gift: the opportunity to make positive changes that will affect the county's 3 million voters,'' Desmond said.He said he'll focus on ensuring his district gets the roads, parks and services that resides need, while also concentrating on homelessness, public safety, water access and other infrastructure issues.Desmond said he will support workforce, affordable and veterans' housing, but the county must address traffic congestion issues by improving highways.``Trolleys and (public) transit won't fix all of our needs in San Diego County,'' he said.Gore said his department has worked to make the county one of the safest in the nation, but joked that he didn't sound like former President George W. Bush when he declared ``mission accomplished'' on the Iraq war.``There is still more work to do, Gore said, adding that the county has lowered the recidivism rate to 33 percent, doubled the number of mental health clinicians in its jails, increased beds, and added psychological training and programs to help inmates once they get out.He also said the Sheriff's Department hopes to have a fully accredited mental health care program by 2020 and is planning to build a tunnel connecting the downtown central jail to new courthouse over the next two years.Gore praised colleagues such as Undersheriff Michael Barnett and Chief Administrative Officer Helen Robbins-Meyer for their efforts. He also credited the San Diego Police Department and other law enforcement agencies for their collaboration on serious public safety issues.Stephan said she is grateful for her team and community ``for the mission we're putting forth, the mission of respect and equal treatment for everybody.''Stephan mentioned how her life was shaped by her grandmother, who lived through the Armenian genocide early in the 20th century and traveled to America to find a home.Stephan said her office is going to ``push back the (against) bullies'' and stand up for the vulnerable, including seniors and school children.To avoid a ``one size fits all'' justice system, she and her colleagues created a special position for criminal justice and mental health reform, while also protecting community safety.Stephan said her office is close to launching program within the coming year that will help young people be better informed about substance abuse and deceptive social media practices.Dronenburg said his office has re-opened two offices in the county, improved mass-appraisal techniques and shortened the backlog for appraisals, saving the county million.He said the department has improved both customer and online service, and hired a taxpayers' rights advocate.Dronenburg credited his colleagues for the positive changes.``We are no longer faceless bureaucrats,'' Dronenburg said, adding the department has received national and state recognition for the use of technology.``I've been on the ballot 18 times and won 18 elections,'' he added. ``I want thank the voters -- they're the ones who put me here.''McAllister said the county expects to collect .5 billion in taxes from residents this year. He noted that the county now collects 60 percent of taxes electronically, saving residents an estimated 0,000 in postage.``We currently assist 210 public agencies in San Diego County, and last fiscal year, we reached a record high of .6 billion in our AAA-rated investment pool, making it the second largest pool in the state for the third investment pool, making it the second largest pool in the state for the third year in a row,'' McAllister said.He said the county hopes to have a 75 percent electronic collection rate by 2023.McAllister cited other accomplishments, including an email reminder program for taxpayers, high annual collection rates and education symposiums that have won national acclaim. 5771

SAN DIEGO (CNS) - With regional intensive-care unit capacity still officially considered to be zero, Gov. Gavin Newsom said Monday the regional stay-at-home order imposed by the state for the entirety of Southern California will almost assuredly be extended beyond next week's expiration date."We are likely, I think it's pretty self-evident, going to need to extend those regional dates," Newsom said. "... Based upon all the data and based upon all these trend lines, it is very likely based on those current trends that we'll need to extend that stay at home order, (which) you recall was a three-week order when we announced it."The regional stay-at-home order for the 11-county Southern California region took effect at 11:59 p.m. Dec. 6, and was originally set to end on Dec. 28. Newsom did not give an indication of exactly when a decision on extending the order will be made, or much long the order will remain in place.The Southern California region covers Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. Most broadly, the order bars gatherings of people from different households.Under the order, the following businesses/recreational facilities were forced to close:-- indoor recreational facilities-- hair salons and barbershops-- personal care services-- museums, zoos, and aquariums-- movie theaters-- wineries-- bars, breweries and distilleries-- family entertainment centers-- cardrooms and satellite wagering-- limited services-- live audience sports-- amusement parksSchools with waivers can remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants are restricted to takeout and delivery service only. Hotels are allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Four of the five regions carved out by the state are under stay-at-home orders, covering 98% of the state's population. Only far northern California is not under a stay-at-home order.The order was triggered in each area when the region's ICU bed availability dropped below 15%. As of Monday, the Southern California and San Joaquin Valley regions both had an official ICU bed availability of 0%. That percentage does not mean that there aren't any ICU beds available, since the state adjusts the number based on the ratio of COVID-19 patients being housed in the units. 2594

SAN DIEGO (KGTV) — A five-week-old sea otter found stranded by strong currents in Alaska is now being cared for by SeaWorld San Diego.SeaWorld announced the sea otter pup, Cinder, was found orphaned near Homer, Alaska, on Aug. 18 before being brought to their care last Saturday. Cinder was underweight and dehydrated when she was taken to the Alaska SeaLife Center in Seaward, Alaska.But the young otter pup learned quickly to feed from a bottle and stabilized before making the trip to San Diego.Since the U.S. Fish and Wildlife Service has deemed her non-releasable, SeaWorld's Animal Rescue Team and veterinarians have provided constant care in the park's sea otter nursery.SeaWorld says Cinder's condition is good and she's adjusting well to her new home. Staff are also acting as a sort of surrogate mother, helping Cinder learn to swim and groom herself.For the time being, the sea otter will remain in the park's nursery. But soon, she'll be introduced to the park's four other female sea otters — which are also rescued orphaned pups.The park hopes to be able to introduce Cinder to park visitors in the near future. 1133

SAN DIEGO (KGTV) -- A 25-year-old was arrested Wednesday following an officer-involved shooting sparked by a chase late Saturday night. According to police, Alfonso Flores, 25, was arrested and charged with two counts of assault with a deadly weapon on a police officer, one count of evading and one count of possession of a stolen vehicle. Officers tried to pull over a Ford F-150 that was reported stolen around 10:30 p.m. Saturday on the 1900 block of Dairy Mart Road.Police say the driver didn’t stop, instead driving into a cul-de-sac, making a u-turn and driving toward officers.RELATED: Chase leads to officer-involved shooting in Imperial Beach“Believing his partner was going to be run over, one officer fired his service weapon to defend the other officer,” police said in a news release.At some point during the pursuit, police say Flores threw a handgun out of the truck.RELATED: One shot, killed at Linda Vista recreation centerThe suspect eventually stopped on the 1200 block of Holly Avenue in Imperial Beach and ran away from the scene with a female passenger.Police say the officer who fired at the suspect is a three-year veteran of the department. No officers were injured. 1200

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