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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 driver says she lost control of her Honda Civic and slammed into a home in Encanto early Tuesday morning.The incident happened at around 2:45 a.m. on Otay Street, according to San Diego police.Despite the trail of destruction left behind, no one was injured.The homeowner said he heard the crash and had no idea what happened until he saw the destruction to his kitchen, with appliances pushed across the floor.Police are investigating the incident. 478

SAN DIEGO (KGTV) -- A gaping hole in an Allied Gardens hillside has many residents worried of a potential catastrophe.Outside of John and Sandy Knox’s bedroom window is a massive sinkhole that has already swallowed up their tree. The couple fears their home could be next.A broken-down drain pipe that is 50 feet deep and 60 feet wide is believed to be the cause of the hole.On Tuesday, ABC 10News spotted City of San Diego crews taking measurements and assessing the sinkhole.John Knox said he owns his mobile home, but a property management company owns the land it sits on and might be on the hook for fixing it.According to Knox, the management company has ignored his calls regarding the hole.ABC 10News learned the city is now investigating. 755

SAN DIEGO (KGTV) - With the fall school year quickly approaching, there are concerns some students will be left behind.Schools across the state worked to close the technology gap over the summer. However, the California Department of Education says more than 700,000 students still lack computing devices, and another 300,000 lack hotspots to connect to the internet.Even if all students have the right tools, will they participate?"For some people, they may find it challenging," said parent Frank Powell. "In my situation, I find it impossible."Powell is a father of three. His oldest child is 11 and has special needs. Powell said they haven't logged into a learning program at all this summer."It's good for some. For others, it's impossible, and for others, it's going to be extremely challenging," he said.Back in March, the headlines about distance learning were daunting.A Los Angeles Times article on March 30 stated, "About 15,000 Los Angeles high school students are absent online and have failed to do any schoolwork while more than 40,000 have not been in daily contact with their teachers since March 16, when the coronavirus forced campus shutdowns."A spokesperson for the Los Angeles Unified School District said the district did not take classroom attendance when schools initially closed. Instead, it made every effort to provide students with technology and get them connected to online instruction. Los Angeles Unified invested 0 million to provide devices and technology for students.A graphic provided by the district showed a dramatic increase in the number of students who are now connected.At the state's second-largest school district, a San Diego Unified spokesperson said at the end of May nearly 98 percent of students had logged in since they began measuring this at the start of April. The district said that the number is accumulative."The participation of 97.8% of our 101,000 transitional kindergarten to 12th-grade students is extremely encouraging, but it is not 100 percent. It is, however, above our average rate of attendance on any given day of the school year of approximately 96%. For comparison, our rate of chronically absent students for the last school year was 12.4%. Of the 2,204 students who have not logged in, the majority are in very young grade levels. Some 51% are in Transitional Kindergarten or kindergarten. For a point of comparison, in a typical school year, kindergarten students account for 12% of all absences," the SDUSD spokesperson said.At the Poway Unified School District, elementary, middle, and high school participation ranged between 98 and 99 percent, district officials said.The district noted, "The data indicates the percent of students that connected or participated at some level in distance learning. Participation did vary, day-to-day, however, we conducted a significant amount of outreach to students and families. PUSD teachers, counselors and site administrators all worked to contact students via email, phone calls, and home visits. We are proud of the efforts of our school teams."An initial struggle was technology. It's something districts across the state are shoring up.But even with the right tools, will kids log in and participate?"The first week back had 85 percent of my kids showing up," said teacher Jessica Davis. "The next week, it was half of that, and the week after was half of that."Davis said she experienced challenges with student motivation and accessibility in the spring but did believe virtual learning can work."I don't think it's going to ever be what we can accomplish in the classroom, but I do believe it can be effective."According to the California Department of Education, "Education Code Section 43504(f) requires each LEA to develop written procedures for tiered reengagement strategies for all pupils who are absent from distance learning for more than three schooldays or 60 percent of the instructional days in a school week. These procedures shall include, but are not limited, to verification of current contact information for each enrolled pupil, daily notification to parents or guardians of absences, a plan for outreach from the school to determine pupil needs including connection line with health and social services as necessary and, when feasible, line transitioning the pupil to full-time in-person instruction." 4359

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