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SAN DIEGO (CNS) - The San Diego County Department of Environmental Health posted a beach closure notice today at the Tijuana Slough National Wildlife Refuge and Border Field State Park due to water contamination.County officials said sewage-contaminated water flowing from the Tijuana River into U.S. waters represents a health hazard. Closure signs will remain posted in the affected areas until testing shows it's safe to go back into the water from Seacoast Drive to the U.S. Mexico Border. Access to Friendship Park at Border Field should also be avoided, officials say, as the park may also be affected by contaminated runoff.Residents seeking more information on beach and water contact closures can visit the county's website, sdbeachinfo.com, or call the county's 24-hour hotline at (619) 338-2073. 814

SAN DIEGO (CNS) - The Miramar National Cemetery Support Foundation launched a project Thursday to build an Armed Forces Memorial Amphitheater with permanent seating in the cemetery's assembly area.The foundation, which sponsors the Avenue of Flags as well as the Veterans Tribute Tower & Carillon and the annual veterans' services at the cemetery, is working with cemetery leadership and the VA's National Cemetery Administration on the design of the amphitheater.The VA-required construction of the amphitheater and maintenance endowment are expected to cost between 0,000 and 0,000 -- the largest project the Support Foundation has yet undertaken at Miramar National Cemetery. No federal funds will be expended for the project."We're dedicating our fifth Annual "Virtual Gala" fund-raiser to the Armed Forces Memorial Amphitheater, said Charlie Inot, Support Foundation president and CEO. "We're asking corporations, members of veterans' organizations and civic groups, as well as the public, to help make this vision for Miramar a reality through their generous contributions."The plan for the amphitheater includes long concrete benches arranged in a semi-circle within the existing flag assembly area. The benches would be fronted with stone, matching that used throughout the cemetery. Landscaping plans include artificial turf areas between the seating and around the amphitheater perimeter. The seating area is designed to comply with Americans with Disabilities Act requirements by providing handicapped access and wheelchair spaces."To accommodate guests at our veterans services in the past, we've had to set up folding chairs in the flag assembly area," said Sallay Kim, Support Foundation vice president and chair of the Virtual Gala. "That's not really satisfactory or comfortable for our guests, especially if the ground is too soft to properly support the chairs. Permanent seating would remedy that situation."Renderings of the amphitheater and information on contributing to the project can be found at www.gala.miramarcemetery.org."The successful addition of amphitheater seating at Miramar National Cemetery will benefit tens of thousand of veterans, their families, friends and the general public in future years. Hopefully, in gratitude for the service of all veterans, we will receive strong public support," said Denny Schoville, Support Foundation chairman.The fund drive will continue through the end of 2020. 2453

SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - San Diego city leaders said Tuesday that more than 1,100 people will secure permanent or longer-term housing by the end of the year through Operation Shelter to Home -- the city's COVID-19 homeless shelter at the San Diego Convention Center.The shelter opened its doors in April as a measure to halt the spread of COVID-19 among San Diego's homeless population, and currently houses around 900 people per day, and housed a peak of 1,300 people daily, according to San Diego Mayor Kevin Faulconer.Faulconer called the project "a public health success story" at a Tuesday morning news conference, saying only 27 residents and staff tested positive for COVID-19 out of more than 9,300 tests administered since the shelter opened.Officials said that to date, more than 840 individuals and 45 families sheltered at the convention center have obtained housing, while around 400 others will soon be moved into housing units the city secured through the purchase of two hotels in Mission Valley and Kearny Mesa. That purchase will convert the hotels into 332 furnished apartment units and residents will receive on-site supportive services, officials said.In addition to those moved into housing, others will be matched to housing resources like vouchers or other rental subsidies, the city said."This pandemic brought our region together like never before to work toward our shared goals of protecting our most vulnerable residents and removing barriers to housing -- and now over 1,100 people will have a permanent place of their own to call home," Faulconer said.San Diego Mayor-elect Todd Gloria said the collaborative efforts to bring Operation Shelter to Home together was "a bright spot" amid the pandemic."This is a testament to what we can do if we choose to do it," said Gloria, who said efforts like Operation Shelter to Home must be continued even after the pandemic ends."It shouldn't take a pandemic to care about our unsheltered population," he said. 1983

SAN DIEGO (CNS) - Testimony wrapped up Friday in the trial of a North Carolina man accused of raping and murdering a 79-year-old woman in her Normal Heights home more than three decades ago.Kevin Thomas Ford, 63, is charged with murder and a special- circumstance allegation of murder during a rape in connection with the May 20, 1987, death of Grace Hayden.Ford is accused of strangling the victim. Last year, investigators with the District Attorney's Office's identified Ford as a suspect through DNA evidence, prosecutors say, as well as a single fingerprint he allegedly left on Hayden's stovetop.RELATED: April trial date set for man accused in 1987 rape, murder of San Diego womanTrial testimony indicated that Ford's fingerprint did not yield results on a San Diego County database, but when submitted to a national database, a match was found in connection with Ford's 2015 arrest in North Carolina for making criminal threats.He was subsequently arrested in the summer of 2018.His murder trial began earlier this week at the downtown San Diego courthouse. Closing arguments are slated to be delivered Tuesday morning. He remains held in custody without bail. 1176