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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 big rig blew a tire and veered across all lanes of southbound Interstate 15 at Carmel Mountain Road Thursday afternoon, leading to a Sig Alert on the freeway. The flatbed truck lost its front left tire about 2:20 p.m., the California Highway Patrol reported. The driver lost control and hit two cars before crashing into the center divider. One of the cars hit an SUV, and was knocked over the freeway rail into the HOV lanes.The CHP reported debris on the freeway from the crash, including fuel leaking from the truck. One injured person was taken to Palomar Medical Center, City of San Diego officials reported. Another driver had minor injuries.Check 10News traffic conditions The far left lane of I-15 and the right lane of the HOV section reopened at 5:45 p.m., according to the CHP. Both north and southbound traffic slowed in both directions. 10News is monitoring breaking developments. 923

SAN DIEGO (KGTV) – A bobcat severely injured in a Southern California wildfire is on the road to recovery thanks to the San Diego Humane Society’s Project Wildlife team.The female bobcat, believed to be 6-8 months old, was brought to the Humane Society’s Ramona Wildlife Center on Oct. 13 after suffering severe burns in the El Dorado Fire in Yucaipa, San Bernardino County.An area resident out with her dogs saw the injured bobcat and notified authorities.According to the Humane Society, the cat’s ears and whiskers “were singed, consistent with fire exposure, and later confirmed that she was a victim of the El Dorado Fire.”Christine Barton, director of Operations & Wildlife Rehabilitation at the Ramona Wildlife Center, said, “Typically, encounters with dogs do not end well, but in this case, it probably saved her life. You could see that she was emaciated and clearly had singed whiskers and ears, but her full exam revealed the true extent of her injuries, which included burns to all four of her paws. We collaborate with CADFW (California Department of Fish and Wildlife) and a burn specialist with UC Davis on burn cases, and we all agreed that this little girl is a fighter and has a good chance of making a full recovery.”The Humane Society said the cat is healing well and could be returned to the wild next month. 1342
SAN DIEGO (KGTV) -- A federal judge ordered that the Trump administration reinstate the Deferred Action for Childhood Arrival program, also known as DACA. The DACA program - which protects nearly 800,000 undocumented immigrants brought to the United States as children from being deported. While the decision has been made, it won't be an easy road for the people involved. The restart is delayed until August 23, to allow the government time to appeal Judge John Bates' decision. For Dreamers like Ali Torabi, Friday's win is just the latest in the political tug of war.RELATED: San Diego Dreamers heading to the Capitol“I was preparing for, in the next four days, the complete opposite," Torabi said. He believed he might be deported. "I was actually working on my med school applications, and I was like, ‘I need to get my things together now.’”Torabi is a DACA student from Iran and a 22-year resident of San Diego. He said Judge Bates' decision is huge for the undocumented immigrants protected by the program. But being in constant limbo can be emotionally draining. "Having this back and forth, where one day we don’t know if we’ll have any protection and were up to be potentially deported or detained, to telling us, well yea we’ll keep the protections...it’s difficult," he said. "I’m not going to lie to you, it’s emotionally difficult.”It isn't over yet. Judge Bates ruling could conflict with another decision on the program - expected to be ruled on by a federal judge in Texas by as early as next week.The Texas Attorney General calls the program unconstitutional because it came from an executive order.“It invites future presidents to ignore the law, ignore the will of the people, and set their own policies on the second amendment, privacy rights, drug laws, or any other important issues debated in Congress," said Texas Attorney General Ken Paxton. Torabi said he has hope. But getting to the finish line, "It’s exhausting, it really takes a toll on your mental health, on your emotional health, and we’re just getting tired of it.” 2132
SAN DIEGO (KGTV) - A Hillcrest man in search of his stolen bikes made a startling discovery when he stepped into an abandoned church.Early Wednesday morning, surveillance video shows two men stealing three pricey bikes after cutting a metal lock for a garage, as Wilbur Kookmyer slept inside his condo on Georgia Street."Felt angry, felt violated," said Kookmyer.A day later, Kookmyer went in search of his bikes and he didn't go far. Next door - inside an abandoned church at Park Boulevard and Meade Avenue - a security guard agreed to let him have a look.Room after room, he found belongings left behind: clothes, food, and even a drone. In one room is a makeshift bed. There is a bike in another, but it's not his."It's a homeless hotel. They come and go as they please. Free of charge," said Kookmyer.But mostly, what Kookmyer sees is filth."Smells like urine and feces. Needles and trash. It's just disgusting. Looks like a landfill and a health hazard," said Kookmyer.The church was sold last year to a developer. LMC North Park Holdings is still awaiting permits to demolish the site. In the meantime, it's become a campground for transients."Constantly coming and going. Get everything boarded up, but breaking back in every time," said Kookmyer.While Kookmyer was recording, they ran into several people, who were escorted off the property. Kookmeyer says since the church was sold, he's seen a spike in crime - from vandalism to home and car break-ins."My next-door neighbor caught someone breaking in and using his shower," said Kookmyer.Wilbur says it's time for the demolition to happen and for security to be stepped up. "There's no excuse for it being this filthy and creating that much trouble for people around the church," said Kookmyer.A spokesperson for LMC North Park Holdings issued this statement:“We share the concerns of the neighbors and are working diligently to better secure the site until we are able to obtain the permits necessary to begin demolition. The security team, which is contracted to be on site 24/7, is having some difficulty, so we are in the process of obtaining additional resources to better control access. We have also scheduled contractors to repair damage to the fence and given the police the authority to make arrests.” 2284
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