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SAN DIEGO (CNS) - The aircraft carrier USS Theodore Roosevelt will change its home port from San Diego to Bremerton, Washington, ahead of scheduled maintenance slated for next summer, the Navy announced Wednesday.The ship, which is currently deployed in the Western Pacific, will enter Puget Sound Naval Shipyard for scheduled maintenance known as docking planned incremental availability, or DPIA.Lt. Travis Callaghan said the maintenance required to maintain the Nimitz-class carrier's service life is more involved than what can be done pier- side in San Diego. DPIA involves putting the ship in drydock and will require facilities, equipment and personnel available in Bremerton, Callaghan said.The carrier recently resumed its scheduled deployment in the Indo- Pacific after spending months docked in Guam due to the widespread COVID-19 outbreak aboard the ship.The ship originally departed San Diego on Jan. 17 for a deployment, but was diverted to Guam on March 27 when the outbreak took hold, ultimately infecting more than 1,100 sailors, and killing one, Chief Aviation Ordnanceman Charles Thacker, 41.Navy officials said the carrier now operates with a new COVID-19 standard operating procedure, which modifies how crew members move through the ship, expands meal hours and establishes new social distancing procedures. 1337

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) - The San Diego Padres allowed an unearned run in the first inning of a 1-0 loss to the Los Angeles Angels Monday evening in their first exhibition game at Petco Park in 2020.Like most sporting events around the world, fans were barred from attending under public health directives prohibiting public events and gatherings.Angels reliever Keynan Middleton took a knee and clenched his right fist above his head during the playing of the national anthem.David Fletcher scored the lone run from second base when pitcher Garrett Richards fielded a ground ball by Tommy La Stella and threw to second base in an attempt to start a double play and the ball went into center field.Fletcher singled on a 1-2 slider leading off the inning and moved to second on Mike Trout's walk.The Padres were 0-for-6 with runners in scoring position and did not have a runner reach third base.The Padres were outhit, 7-6. Edward Olivares, the No. 9 hitter in their lineup, had the Padres only extra-base hit, a one-out double in the third, but was unable to advance as Fernando Tatis flew out and Trent Grisham grounded out.The Padres also had runners reach second in the sixth and seventh innings.Tatis singled leading off the sixth. Pinch-runner Jake Croneworth moved to second on Grisham's ground out, but Manny Machado and Tommy Pham struck out to end the inning.Eric Hosmer singled leading off the seventh. Pinch-runner Josh Naylor went to second one out later on Hansel Robles' wild pitch.Jurickson Profar walked to give the Padres runners on first and second but Austin Hedges and Olivares struck out to end the inning.Richards (0-1) allowed five hits in 4 2/3 innings, striking out five and walking one in his third appearance in an exhibition game in 2020.Richards was limited to three September games in 2019 -- his first season with the Padres after spending the first eight seasons of his major league career with the Angels -- as he recovered from Tommy John surgery performed in 2018 to repair a damaged ulnar collateral ligament.Angels starter Griffin Canning (1-0) allowed three hits in six innings, striking out five and walking two.Ty Buttrey, the Angels fourth pitcher, allowed a single to the second batter he faced in the ninth, pinch-hitter Webster Rivas, but got Greg Garcia to fly out and pinch-hitter Owen Miller to ground out for his first save in exhibition play in 2020.The Padres will play one more exhibition game -- Wednesday, also against the Angels, at Angel Stadium, then begin the regular season Friday against the Arizona Diamondbacks at Petco Park. 2587

SAN DIEGO (CNS) - The San Diego City Council voted unanimously today to support Mayor Kevin Faulconer's plan to expand outdoor dining and retail options during the COVID-19 pandemic.The vote follows Faulconer's July 7 executive order that waived requirements for the temporary use of sidewalks and private parking lots as outdoor dining and retail venues to increase space for physical distancing.Tuesday's vote allows businesses to use adjacent on-street parking to operate while also waiving a majority of permitting fees.``Our local restaurant and retail owners have shown incredible resolve and resilience throughout this pandemic. Many of those small businesses have been among the hardest hit and San Diegans are ready to support them safely and responsibly,'' Faulconer said. ``The response we've seen to outdoor dining has been overwhelmingly positive, and this ordinance opens up so many more options for our small businesses as they work hard to rebound and recover.''The plan is expected to impact up to 4,000 restaurants in San Diego that employ more than 55,000 individuals.Previously, securing an outdoor sidewalk cafe permit could cost businesses more than ,000 and take several months to process. This ordinance will help reduce applicant costs and the review process.``Small businesses account for 98% of San Diego companies. Needless to say, the impact COVID-19 is having on our small, independent, and family-owned businesses is monumental,'' City Councilman Chris Cate said. ``Outdoor dining gives businesses a fighting chance to make it another day, and I applaud Mayor Faulconer for his innovative efforts.''The ordinance also allocates 0,000 in further assistance by absorbing permitting costs for the first 500 businesses that apply with remaining applicants paying significantly reduced fees. Part of the funding is specifically for outreach and education on the program for small and disadvantaged businesses.The city will enter into an agreement with the Strategic Alliance of San Diego Ethnic Chambers of Commerce -- comprised of the Asian BusinessAssociation of San Diego, the Central San Diego Black Chamber of Commerce, and the San Diego County Hispanic Chamber of Commerce -- to provide informational materials in multiple languages and target hard-to-reach communities and disadvantaged businesses.``Working together to support communities of color that have been disproportionately impacted by COVID-19 will help restaurants in these communities recover and continue to contribute to this vibrant economic and cultural landscape in San Diego,'' said Donna DeBerry, spokeswoman for the Strategic Alliance of Ethnic Chambers of Commerce.Upon implementation, the mayor's ordinance will:-- allow outdoor business operations for dining and retail in parking lots, on-street parking spaces, and sidewalks as well as neighboring business frontage with written permission of neighboring business owners;-- waive special event permit fees to allow nonprofit applicants to close streets and conduct business outdoors faster and cheaper;-- broaden allowances and reduce required permits for temporary signs;-- allow for expanded wholesale distribution of food, beverages, and groceries directly to consumers while allowing for social distancing;-- preserve mobility, safety and emergency access for pedestrians, and preserve requirements that ADA access and path of travel be maintained at all times;-- require full compliance with all state and county health orders and guidance. 3516

SAN DIEGO (CNS) - The San Diego City Council declined to report details of its closed-door discussion Tuesday on a draft appraisal of price and payment terms for the city's potential sale of the SDCCU Stadium site to San Diego State University.The council met in closed session to discuss the undisclosed terms of the appraisal with its negotiating team, composed of officials in various city departments and the city attorney's office. Both the city and SDSU have expressed an intent to exchange the property for "fair market value," but what that entails remains opaque.D.F. Davis Real Estate estimated the fair market value of the site sits at .2 million, according to documents.The city is currently in the process of selling a 132-acre parcel of land to SDSU as the university intends to redevelop the parcel, which includes SDCCU Stadium, into a 35,000-seat stadium to be primarily used by the university's football team, a satellite campus, a park along the San Diego River and commercial and residential space.After the closed session, City Councilwoman Barbara Bry called for the draft appraisal to be released to the public and for all future discussions of the sale to take place in an open session."It is now time for SDSU to make an offer which honors the terms of Measure G and the promises that were made during the campaign," Bry said in a statement. "This offer should include a commitment to building the river park and designing a transit-dependent development."City officials have also noted their concern over certain elements of the project's draft environmental impact report, such as the university's analysis of how the project will affect traffic patterns in Mission Valley. The council must approve a final version of the report prior to completing the sale.On Monday, the Friends of SDSU, a group of university alumni and community members, called on the city to accept the appraisal without changes, arguing that the project would be transformative for the city and SDSU will be a good steward in overseeing the land."Introduction of extraneous considerations that are inconsistent with the provisions of voter-approved Measure G or are outside the mutually agreed-to guidelines for the appraisal could substantially delay or threaten altogether the successful transfer of this property," Friends of SDSU wrote in a letter to Mayor Kevin Faulconer and the council.San Diego voters approved the plan, then known as SDSU West and now dubbed SDSU Mission Valley, last November. Since then, the university has selected two firms to oversee the planning and construction of the future stadium and campus while negotiating the sale with the city.On the project's current timeline, university officials expect the California State University Board of Trustees to consider approving a draft environmental impact report on the SDSU West plan early next year. The university expects to break ground on the project in early 2020 and complete the redevelopment in its entirety by the mid-2030s. 3022

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