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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) - This fall could bring dangerous wildfire conditions to San Diego and surrounding areas of the county, according to a report scheduled to be delivered Monday to the City Council's Public Safety and Livable Neighborhoods Committee.In his presentation, San Diego Fire-Rescue Department Chief Brian Fennessy notes that winter rains promoted more grass growth than usual throughout the city. That grass has since dried out, he said.RELATED: Cal Fire uses new technology to help with upcoming wildfire seasonThe chief also said the long-range weather forecast calls for little to no rainfall."With the dry vegetation, high temperatures, low humidity and high easterly winds, the next three months could be very busy for all fire stations within the city and throughout the entire county," Fennessy wrote. "If the fires occurring in the north and central part of the state (are) any indicator of what is to come for San Diego, we could be in for an extremely active and potentially dangerous three months."Through Sept. 10, Cal Fire has responded to more than 5,100 fires throughout the state this year, which have scorched over 229,000 acres. The five-year average for the same time period is almost 3,900 blazes and 156,000 acres, according to data from Cal Fire, which provides fire protection outside major cities.RELATED: Largest fires in San Diego County historyWhile the conditions for wildfires could be risky, the department is adequately staffed and equipped to respond to blazes that break out, Fennessy said. He said the SDFRD has a dozen brush engines, two water-dropping helicopters and access to the San Diego Gas & Electric heli-tanker.City crews have also been inspecting properties along canyon rims for overgrown brush, he said.RELATED: Teen suspected of starting massive Oregon wildfire, state police say 1862

SAN DIEGO (KGTV) - A California lawmaker is planning to move forward on a housing bill that would eliminate hyper low-density zoning near transit and job centers.Senate Bill 50 aims to clear the way for apartment buildings and affordable housing in those locations so more people can live near transit and near where they work, proponents say.California State Senator Scott Wiener of San Francisco tells 10News, in January SB 50 will come back before the Senate, and he intends to move it forward.RELATED: Making it in San Diego: Zoning rules partially responsible for low housing supply, report says"California has a massive housing shortage – which threatens our economy, environment, and diversity – and state action is essential to solve this major problem," Wiener said in a statement.While they wait for action at the state level, some San Diego community groups are pushing for local lawmakers to move forward with their version, dubbed SD 50."We are still working in these neighborhoods to try and change those communities," said Ricardo Flores, executive director of the Local Initiatives Support Corporation (LISC) San Diego.Flores said the City of San Diego needs to end its single-family home zoning regulations. He said housing segregation in San Diego can be tied to the city's zoning policies.RELATED: City Council approves plan to ease San Diego parking regulations for more affordable housing"History shows us that it was created to discriminate against families in San Diego," Flores said. "That's really the crux of this story is that these laws were created to keep people apart, to divide black and white families so they did not live together in the same communities and they've been wildly successful."Flores and other local groups, including NAACP San Diego, Chicano Federation, Urban League of San Diego, and California YIMBY are asking city leaders to craft and pass a local version of Senate Bill 50.In October, the coalition took their initial pitch to members of the city's Land Use and Housing Committee, asking the city to ditch single-family zoning."The immediate benefit is we can see that people who have needs can move into communities where there are more opportunities, and we then reduce the concentration of poverty in communities that have been segregated," Flores said.RELATED: Making It in San Diego: County streamlines process to build granny flatsBut not everyone's sold on the idea coming out of Sacramento.10News spoke with San Diego City Council President Pro Tem Barbara Bry who is against Senate Bill 50. Bry represents District 1, which includes the communities of La Jolla, University City, and Carmel Valley."I'm against SB 50 because I'm against state efforts to control local land use planning," Bry said. "I believe San Diegans should be in control of what happens in our neighborhoods. Furthermore, SB 50 did nothing to guarantee that we would get one more unit of affordable housing."Bry said she's concerned about costs and meeting climate action plans goals, neither of which she found addressed in SB 50.RELATED: Making It In San Diego: Neighbors protest high density housing planBry told 10News she supports single-family zoning and believes if the city is going to bring down the cost of housing, it needs to build more housing in transit corridors."One of the major costs of housing is the fees," Bry said. "Fees are what pay for the infrastructure because of Prop 13. The state can pick up that cost of infrastructure. There was nothing in SB 50 to mandate that."If San Diego updated its zoning policies, it wouldn't be alone.City leaders in Minneapolis passed "Minneapolis 2040" which aims to increase affordable housing and racial disparities in housing.Ricardo Flores said he believes it's time for politicians to make San Diego more inclusive."If you own a single-family home on your lot and you want to keep that you should be allowed to keep it, but if you like me and are interested in building a couple extra units for mom and dad to move into or to rent it out to help pay for a mortgage you should be allowed to do that," Flores said.In a statement to 10News, San Diego City Council member and Land Use and Housing Committee member Scott Sherman wrote, "A recent study noted that 47 percent of housing costs are due to government red tape and regulation. Since taking office, I have worked to reform land use codes and streamline the permitting process to make homebuilding less expensive. I appreciate the efforts of SD50 and look forward to diving into the details of their proposal." 4568

SAN DIEGO (CNS) - Two men conspired with five other people in a series of home-invasion robberies in northern San Diego in which sleeping residents were roused at gunpoint and tied up, and one woman was sexually assaulted, a prosecutor said Wednesday.Deputy District Attorney Jalyn Wang told a jury that Thomas James Smith and Aaron Rico III were part of robbery crew dubbed the "Open Door Bandits," so named because in most of the 10 break-ins, the robbers gained access to homes through an unlocked door.Wang alleged that Smith, 26, and Rico, 22, were two of the major players in the robbery crew.A third major player, Stephen Ramon Gomez, pleaded guilty in the case.MAP: Track crime happening in your neighborhoodFour other defendants, Aaron Rico V, Victor Harvey, Robin Shawver and Jordan Wilson, also pleaded guilty.Wang alleged the home-invasion series began the night of Jan. 23, 2016, when Smith, Gomez and Shawver used garage door openers they found in cars to get into two residences in Mira Mesa, where they stole items including an X- box gaming system.On Jan. 26, 2016, at about 1:20 a.m., a man returned to his residence in Carmel Mountain Ranch after taking a friend home and saw that his house was being ransacked, the prosecutor said. The man chased one of the robbers, but could not catch him, Wang said.The DNA of Smith and Gomez was found on items left at the scene, according to the prosecutor.Three nights later, on Jan. 29, 2016, the bandits gained access to a home in Scripps Ranch through an unlocked door and robbed a family at gunpoint, yelling, "Where's the money? Where's the jewelry? Where's the gold?" Wang said in her opening statement.Smith, Gomez, Rico III and Harvey were charged in that break-in, Wang said.On Jan. 31, 2016, a woman was awakened at gunpoint in her Sorrento Valley home, tied up and sexually assaulted by one or two of the defendants, according to the prosecutor. The perpetrators allegedly took jewelry off the woman's body and threatened to shoot her.Wang said Gomez pawned the woman's wedding ring and his DNA was found on a pillow case on her bed.On Feb. 5, 2016, Smith and Rico III broke into a home in Rancho Bernardo through an unlocked door and held a couple at gunpoint while ransacking the residence, Wang told the jury.The night of Feb. 11, 2016, four homes in  Carmel Mountain Ranch and Sabre Springs were broken in to, including three in the same neighborhood, the prosecutor said.In one robbery, a barking dog alerted a sleeping couple to intruders, and the wife's 911 call forced the suspects to flee, Wang said.In another break-in, the robbers tied up a family -- including a 2- year-old who had his wrists taped together -- and spent an hour ransacking the home before leaving, the prosecutor said.Smith's attorney, Deputy Public Defender Damian Lowe, said that once police determined the crimes were connected, they started to follow a number of suspects, not including his client.Lowe said "significant" mistakes were made in the investigation of the robbery series.He told the jury the case would come down to "what evidence is going to prove beyond a reasonable doubt as to who did what?"Smith and Rico III face life in prison if convicted of conspiracy to commit burglary, robbery, burglary and sexual assault. 3302

SAN DIEGO (KGTV) - A Clairemont woman received a big shock when she looked at her doorbell camera video and found out who vandalized her truck.Every time Kris Larrabee looks at the scratch across the hood of her truck, she gets more upset."Deeply angry and deeply hurt," said Larrabee. The damage appeared Thursday morning after her husband parked the truck in the driveway the night before, blocking part of the sidewalk. "He came back from a long road trip, exhausted. He parked it there so he could unload it the next day," said Larrabee.Just before 6 a.m. on Caywood Street, their Ring video shows an older woman walking a dog, before she pauses to look at the truck. Immediately, she walks across the driveway and runs her hand along the hood, leaving behind a new scratch. Larrabee says repairs will total several thousand dollars."I couldn't believe it. I was shocked," said Larrabee.The identity of the culprit made her heart sink."She's a mature woman. At her age, she should have known better," said Larrabee.Larrabe was even more taken aback, because her other car has been keyed eight times in the driveway in the past year. She had suspected teenagers. In all, neighbors have reported dozens of similar incidents in the past year. A block away, the owner of a van and another vehicle tells 10News he has also been keyed eight times. In all those incidents, the sidewalk was partially blocked. The neighborhood is an older one with shorter driveways. "This is not the solution. She could have left a note. She could have come to us. There's no justification for the anger taken out on a neighborhood," said Larrabee.A detective has been assigned to the case and sources tell 10News police do know who the woman is. 1739

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