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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 couple who evacuated from the Woolsey Fire in Los Angeles says their Airbnb hosts kicked them out of their unit and cleaned out all their belongings, forcing them to live with relatives in San Diego.Ben and Jessica Wells said they rented out the Airbnb unit in July, paying in advance through May.The newlywed couple had been living there as they searched for a home to buy.It was a studio apartment located in West Hills, a community on the western edge of the San Fernando Valley, which backed up to where the Woolsey Fire was burning.“I could see the fire burning on the hill. I saw the smoke,” said Ben, who got an evacuation alert on his phone while at the gym.He went home to meet his wife, frantically packing up some important belongings.“We were not trying to check out of the place at all. Obviously things were a mess, clothes were everywhere. We were just trying to basically make sure we had everything we needed just in case everything burnt,” said Jessica.After they left, the Airbnb hosts contacted them to see if they could go inside the unit and turn off the lights. Ben said he agreed to let them in for that purpose.But once inside, owners Larry and Jeri Hannah said they were shocked by what they saw.“I don’t even know how they were living there,” said Larry. “We couldn’t believe the mess we saw.”In addition to the clothes scattered about, the Hannah’s say the grout on the tile floor in the bathroom had been stained black. They said the walls needed painting and some of the flooring needed to be replaced.“When It became obvious that we weren’t going to let them come back then we just decided we were going to clean it up because we didn’t want to leave it like that,” said Larry.In order to do that, they removed all of the Wells’ belongings and told them the rest of their reservation had been canceled.The Wells’ said they agreed to pay through the end of November if they could keep their stuff there. But when Ben arrived on November 17th he said he was surprised to see their belongings strewn across the property.Expensive recording equipment had been left outside, he said. Other belongings had been thrown in trash bags. Some appeared to be missing.“At that point I was in shock, just completely shaken,” said Ben.He grabbed what he could find, not knowing that more of their belongings had been stored in a shed on the property.“Their stuff is all still here,” said Larry.In a statement, a spokesperson with Airbnb wrote ““We are urgently investigating this incident to better understand what happened. There have been more than 400 million guest arrivals in Airbnb listings to date and negative incidents are extremely rare.”  2699

SAN DIEGO (KGTV) - 10News is learning more about how suspected Poway shooter John Earnest got the weapon. On Thursday, investigators revealed that they believe he got his rifle from a licensed dealer.In federal documents released on Thursday, prosecutors report, “The firearm was manufactured by Smith & Wesson in Princeton, Illinois and shipped to Springfield, Massachusetts where it was assembled. The firearm was ultimately transferred, via Fort Worth, Texas, to a Federal Firearm Licensed (FFL) Dealer in San Diego, California, which sold the firearm to Earnest. Earnest picked up the rifle on April 26, 2019.”That was the day before the shooting.In a press conference on Thursday, Southern District of California U.S. Attorney Shane Harrigan told reporters, “I can say that there is no allegation that the defendant violated federal law when he acquired the rifle that he used in the violent attack on the synagogue.”Questions still remain as to whether state law was violated. Earnest is only 19 years-old.California law requires that adults be over 21 years-old before they can buy a firearm, unless they have a hunting license, are current or former military, or are in law enforcement.Prosecutors wouldn't comment on whether Earnest had a hunting license. “That allegation isn't in the complaint but please understand that as the criminal process moves forward, more information may be available to the public,” added Harrigan.District Attorney Summer Stephan originally said that the rifle had been obtained legally, but when pressed on Wednesday by 10News, she didn't provide a clear answer. “I don't want to [comment any further] because it's a pending case,” she said.At Thursday’s press conference, a reporter asked the federal prosecution about when Earnest purchased his 60 rounds of ammunition. Harrigan replied, “We’re limited to the allegations in the complaint. I hope you understand. I think more information may be forthcoming.” 1962

SAN DIEGO (CNS) - The U.S.-Mexico-Canada Agreement trade deal includes 0 million in funding to address cross-border pollution in the Tijuana River Valley, San Diego's congressional delegation announced Wednesday. The funding would be dispersed in four annual installments of million in the form of U.S. Environmental Protection Agency grants under its Border Water Infrastructure Program. In June, the fiscal year 2020 federal budget for the BWIP was only million, according to the office of Rep. Scott Peters, D-San Diego. ``The USMCA delivers a massive funding investment that can fix the Tijuana River's sewage spills once and for all,'' Peters said. ``This funding can stop the environmental crisis that has plagued our community for decades and will improve public health.'' The bulk of the funding would be used to expand and upgrade the South Bay International Wastewater Treatment Plant, operated by the International Boundary and Water Commission. The funding would be used to fortify the plant's water treatment capabilities, allowing it to stanch flows of polluted storm and wastewater into the river. ``Cross border pollution is a nightmare for our community and for the individuals that work and recreate near the border,'' Imperial Beach Mayor Serge Dedina said. ``This funding is a critical step towards cleaning up the contamination in the Tijuana River Valley and making our beach safe for surfers and others who enjoy our coast.'' Transborder pollution from the Tijuana River has contaminated U.S. waters and coastlines for decades, forcing San Diego County environmental health officials to regularly close beach access near the border. During that time, local and state officials and environmental activists have called for federal assistance to protect the health of the environment and residents near the border. In April, Sens. Kamala Harris and Dianne Feinstein, D-California, submitted a jointly written letter to multiple federal agencies requesting they address sewage runoff in the river. In July, Peters and Reps. Juan Vargas, D-San Diego, and Mike Levin, D- Oceanside, introduced legislation to increase funding for Tijuana River cleanup efforts and prevention of future pollution. And in September, the San Diego Regional Chamber of Commerce's annual delegation of local officials and business leaders discussed the issue with cabinet officials and members of Congress. ``This environmental issue has plagued our region for generations and this funding will take major strides in helping us address health and ecological challenges we face,'' Levin said. ``Along with my colleagues, I made it clear to the Trump administration and House Democratic leadership that it is long past time that we make robust investments in cleaning up polluted water that flows over the border.'' The San Diego chapter of the Surfrider Foundation and the city of San Diego have also filed lawsuits against the IBWC, arguing that it has neglected pollution in the river and its effect on the environment. The city jointly filed its lawsuit with California Attorney General Xavier Becerra. The pending funding is a result of Tuesday's deal between congressional Democrats and the White House to support a revised USMCA. Rep. Nancy Pelosi, D-San Francisco, said the modified trade agreement includes more strenuous labor and environmental standards for the three countries. House Democrats are now expected to vote for the deal's ratification and send it to the Republican-controlled Senate. The USMCA would replace the North American Free Trade Agreement, which went into effect in 1994 and is blamed by some politicians on both sides of the aisle for hastening outsourcing and the decline of the country's manufacturing industries. President Donald Trump, who campaigned on retooling NAFTA, has faced pushback from members of Congress for much of the year for elements of the original deal like tariffs on steel and aluminum and its enforcement provisions. Local business leaders and elected officials have sung the deal's praises for months, arguing that inter-border commerce is too vital to the San Diego region to sever trade relations between the U.S. and Mexico. The current U.S. legislature and Canadian parliament must still approve the deal for it to go into effect. The Mexican legislature ratified it earlier this year. ``We've been pushing for this modernized trade agreement and now it's here, in a way that sets up San Diego to win big,'' San Diego Mayor Kevin Faulconer said. ``More free trade and less pollution at the border -- it's what San Diego needs and it looks like it's what San Diego is going to get.'' 4656

SAN DIEGO (CNS) - Two men were shot Saturday evening while standing on a sidewalk in the Mountain View area of San Diego.It happened about 6 p.m. in the 1000 block of South 45th Street, said San Diego police Officer Robert Heims.The two victims were standing on the sidewalk with others, Heims said. "A vehicle was eastbound on Newton Avenue when it stopped in the intersection and someone inside fired multiple rounds at the group."A 44-year-old man was shot in the head and paramedics took him to a hospital, the officer said. "At this time, his injuries are non-life-threatening."A 29-year-old man was shot in the right arm and driven to a hospital by an unknown person, Heims said. His wound was not believed life-threatening.The car involved in the shooting was described as an early model small, light-colored sedan. 830

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