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SAN DIEGO (KGTV) -- California’s new gig economy law was meant to help rideshare drivers and other freelance workers get better benefits, but some critics say it’s threatening the spirit of Christmas itself.Those critics are mall Santas, who have traditionally been hired as independent contractors through third-party bookers or employment agencies.Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego), those workers must be reclassified as employees with insurance and other benefits.“Lorena Gonzalez, she might kill all the Santas. She might kill the Easter Bunnies,” said Steve Schafer, the president of the San Diego chapter of the Fraternal Order of Real Bearded Santas.Some Santas warn that bookers may go to great lengths to avoid paying employee benefits. “I don't know how someone can justify this,” said Jerry Tamburino, a Santa who has worked for more than a decade at a large commercial store.Tamburino said his agent notified him Tuesday that she would replace him and other Santas at a chain of California retail stores with out-of-state St. Nicks.“That's what [the booker is] being forced to do to address -- or evade -- or stay in business with this stupid law,” he said.Bringing in out-of-state workers to skirt AB-5 would violate California law, since labor laws apply to anyone performing work in the state, said Gonzalez’ office. But Tamburino said it would be hard for regulators to enforce.Malls and stores could hire Santas directly as independent contractors, Gonzalez’ office noted, since that kind of relationship passes AB-5’s three-pronged test.To do so, Tamburino said he would have to form his own LLC and said he doesn’t have the experience to run his own business.Tamburino said he would begin reaching out to other Santa-booking agencies in hopes they will hire him as an employee, but there’s a lot at stake: he receives about half of his annual income from Santa jobs. 1938

SAN DIEGO (KGTV) -- Chief Border Patrol Agent Douglas Harrison apologized Wednesday after a binational garden at the border was bulldozed. Harrison said on Twitter he met with Friends of Friendship Park and apologized for the “unintentional destruction of the garden.”“The original intent was to have the garden trimmed. We take full responsibility, are investigating the event, & look forward to working with FoFP on the path forward,” Harrison continued. RELATED: Woman tries to smuggle meth with 7-year-old in car, Border Patrol saysEarlier in the month, Harrison said the binational garden was being used to cover for illegal activities happening at the border. “Measures had to be taken to eliminate the vulnerability.”More specifically, Harrison said the border fence adjacent to the garden was compromised, modified and the garden was being used as a cover to hide smuggling activities. RELATED: Border Patrol arrests 5, including convicted child predator, in East County“The Imperial Beach Station took measures to eliminate that vulnerability,” a statement posted by Harrison on Twitter read. 1114

SAN DIEGO (KGTV) - Crews battled flames from two house fires that sprang up overnight in San Diego.The first fire was reported in City Heights at about 3 a.m. Crews responded to a home in the 4000 block of 42nd Street engulfed in flames.One person made it out of the home safely and surrounding neighbors were temporarily evacuated as a precaution. Neighbors say the homeowner was not inside when the fire broke out. It took about 30 minutes to knock the fire down and no injuries were reported.San Diego Fire Department said Metro Arson Strike Team determined the fire was intentionally set. The blaze caused an estimated 0,000 in total damages.No arrests have been made.Fire crews also doused a fire in Encanto at an abandoned home near 66th St. and Madera St. The home's doors and windows were boarded up and transients frequented the property, according to fire crews.No injuries were reported in that fire as well. 955

SAN DIEGO (KGTV) -- Authorities eradicated a massive illegal marijuana grow operation discovered near a popular trail in the Rancho Pe?asquitos area.According to Drug Enforcement Administration officials, San Diego police officers were called out to an area of the Del Mar Mesa Preserve on Tuesday regarding a homeless encampment. That’s when they discovered more than 2,000 marijuana plants.The plants were 5- to 7-feet tall and were ready to be harvested. The street value of the crop is estimated to cost as much as .5 million, the DEA said.The plants were hidden below the canopy of the natural vegetation.“The way that it was set up, it was obvious people were living on that property, would lead us to believe, if we had to make a guess, it was most likely cartel-related,” DEA officials said.They called it a sophisticated operation, adding it was rare to see an illegal grow of its size growing in a city so close to homes.“In this case, we think it's more likely they found a fire hydrant or some sort of a city water source that they were able to tap into,” DEA officials said. “We couldn’t find that in this case, but we think that’s the most likely scenario.”Authorities said there was also an extreme fire danger associated with the grow. They found trash in the vicinity, as well as two propane tanks and open flame burners for cooking in an area with tall, dry vegetation.Authorities have not found anyone connected to the illegal operation. They are asking the community with any information to come forward. 1534

SAN DIEGO (KGTV) -- Authorities are searching for a felony traffic violator in Mission Valley who drove onto trolley tracks while fleeing from police during a chase Sunday morning. Police say officers tried to pull over a vehicle on Hotel Circle shortly before 9 a.m. because the vehicle didn’t have a front license plate.During the chase, the suspect failed to stop and ran several lights at high speeds. Police also say the driver drove the wrong way during the pursuit. RELATED: Fatal shooting leads to standoff between police, suspect in North ParkPolice used spike strips, prompting the driver to stop and flee the scene on Fenton Parkway and Friars Road near Costco.The suspect is believed to be hiding out in the Del Rio Apartments.  768