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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) - With one of the largest holidays of the year just a day away, getting around and conducting business before and on the holiday can be tricky to navigate with what is closed and open.The North County Transit District will have a normal service schedule for Christmas Eve. However, the Amtrak R2R partnership with NCTD -- which allows Coaster customers to travel on Amtrak trains in the San Diego area -- will be blacked out through Monday. During this time, all Amtrak Pacific Surfliner customers will be required to show a valid Amtrak fare and no COASTER passes will be accepted.NCTD schedules will be reduced to a Sunday service schedule on Christmas.The San Diego Metropolitan Transit System will run a similar schedule, with normal weekday hours Christmas Eve on all Trolley lines and MTS local, urban, Express, Rapid and Rapid Express bus routes.Christmas is more complicated. All Trolley lines except the Silver Line will operate on a half-hour frequency on Christmas Day. Rapid, urban, and local bus routes will operate on a Sunday schedule.No service will be provided on Rapid Express routes 280 or 290, Rapid routes 204, 237 and Express routes 50, 60, 110, 150, Sorrento Valley Coaster Connection and most express bus routes. MTS Access subscriptions are cancelled. Subscription passengers who still want service must call ahead of time to arrange their transportation.Finally, several rural routes have been rescheduled. There will be no service on rural route 892 on Friday. Rural route 888 will operate Thursday instead of Friday, while rural route 891 will be pushed back to Monday instead of its normal Friday schedule.MTS Information and Trip Planning, the Transit Store, Compass Service Center and customer service offices will close at 5 p.m on Thursday and be closed Dec. 25. Customers who need MTS information on Christmas Day, Dec. 25, can visit the MTS website or download the mobile app OneBusAway for real-time information.On Saturday and Sunday, MTS allows up to two children 12 and under to ride free with a fare-paying adult on all MTS routes. On Christmas Day, MTS allows a friend to ride free with a fare-paying customer on all MTS routes.All county COVID-19 testing sites will remain open Christmas Eve, but they will close at 4 p.m. On Christmas, three sites -- University of San Diego, San Marcos and Southeastern San Diego -- will be open from 10:30 a.m. to 2:30 p.m.Walk-in testing sites do not require appointments. However, as of Dec. 20, nearly all drive-up COVID-19 testing sites have become appointment-only locations. This change is in response to safety concerns caused by traffic backups. Appointments are accepted up to three days in advance with new appointments becoming available each day about noon.The exception to the appointment-only drive-up testing will be sites operated by the San Diego County Fire Protection District. While appointments are highly recommended, and those with them are given preference, people without appointments will be tested as capacity permits."With vaccine distribution in its very earliest stage, COVID-19 testing remains extremely important to protect the public's health," said Dr. Wilma Wooten, San Diego County's public health officer. "People experiencing any symptoms, or who feel they have been exposed, are encouraged to get promptly tested. Those with symptoms should isolate until getting results, while others should adhere to the best practices of wearing a mask, social distance, and good hygiene."The San Diego Food Bank will be closed for the upcoming holidays on Dec. 24-25 and Dec. 31-Jan. 1.For details on testing locations or in need of food assistance, visit 211sandiego.org or call 2-1-1.All San Diego administrative offices will be closed on Christmas holiday.Curbside trash, recyclables and yard waste will not be collected on Friday for customers served by the Environmental Services Department. The normally scheduled collection for those Fridays will occur on Saturday. Residents in other cities should check with their waste hauler for holiday service schedules.San Diego's Miramar Landfill will be closed on Friday.Torrey Pines, Mission Bay and Balboa Park golf courses will be open until 3 p.m. Holiday rates will apply. All city skate parks will be open.All public buildings in Balboa Park will be closed, including the Balboa Park Activity Center, Botanical Building, Casa del Prado, Municipal Gym and War Memorial Building.All city reservoirs will be closed. Chollas Lake will also be closed.Parking meters, time restrictions for parking on streets and yellow zones within the City of San Diego will not be enforced. Red, white and blue zones are still enforced every day. Parking rules on Port of San Diego property and in different cities may vary, please read posted signage.Also closed in San Diego are all libraries and book pickup service, city pools, the city's refuse/recyclables container sales office on Miramar Place, Open Space and Maintenance Assessment District offices, the Testing, Employment Information Center and Background/Fingerprinting offices within the Personnel Department and The Family Justice Center.Individuals needing help related to domestic violence should call 9-1- 1 and/or the Domestic Violence Hotline at 1-888-385-4657. 5293

SAN DIEGO (KGTV) - A beloved beauty salon in Allied Gardens is closing its doors after 64 years.Linda Hobbs has owned Salon of Beauty for over 40 years and says it's finally time to retire. Clients who've gotten their hair done for decades at the salon are devastated by the news, but excited for Hobbs' next adventure.The salon's last day is Friday, April 27. 368

SAN DIEGO (KGTV) — A former San Diego Sheriff's Department Captain accused of operating an illegal firearms trafficking business was arrested Friday.Former SDSO Capt. Marco Garmo is accused of operating the illegal firearms trafficking business, at times from his office at Rancho San Diego Station, authorities say. The indictment also accuses a fellow Sheriff's deputy, Lt. Fred Magana, prominent San Diego jeweler Leo Hamel, firearms dealer Giovanni Tilotta, and El Cajon resident Waiel Anton with aiding the Captain's business.Officials say Garmo was operating the illegal business during his entire tenure as Captain at the Rancho San Diego Station. The 27-year veteran of the department, who retired in September, is accused of beginning the business for profit and to gain future donors for an anticipated campaign for San Diego County Sheriff.RELATED: San Diego Sheriff's captain on leave during criminal investigationFriday morning, Magana and Hamel both plead guilty to charges including engaging in the business of dealing in firearms without a license, false statement in acquisition of a firearm, and conducting firearms transaction in violation of state law.Both admitted to aiding Garmo's business by making "straw purchases" of firearms, or purchases of firearms on behalf of someone else. The pair also admitted to creating false records to conceal those purchases, and offering to promote Garmo's weapons. As part of his plea, Hamel admitted to buying a variety of handguns from Garmo and making purchases in which Garmo would falsely report that he had acquired the guns for himself, not Hamel. The local jeweler also admitted to acquiring several firearms from Garmo without proper documentation and planning a false paper trail.Hamel must forfeit more than 200 firearms and 100,000 rounds of ammunition seized during a February 2019 raid.RELATED: FBI, ATF raid home, businesses of prominent San Diego jeweler Leo HamelMagana admitted to straw purchasing a pair of "off-roster" firearms, which are guns made available for law enforcement but not the public, for Hamel at Garmo's direction and advertising Garmo's firearms to potential customers.Officials say Anton helped buyers apply for concealed carry permits as part of his "consulting" business and received money to give buyers early appointments and avoid the backlog of other applicants. Anton is charged with also giving "kickbacks" to Garmo for referrals.Investigators accuse Tilotta, the owner of Honey Badger Firearms, with organizing Garmo's straw purchases and submitting false firearms records. Friday's indictment also accused Tilotta of selling and transferring guns inside Garmo's Rancho San Diego office.RELATED: Drug cartels recruiting children as young as 11 for smuggling, officials warnMany of Garmo's gun transactions included buying and reselling off roster handguns. While law enforcement officers are allowed to resell off roster guns in certain instances, Garmo was reportedly warned by the ATF that excessive resales for profit could violate federal law. Officials say Garmo acquired about 146 firearms between March 2013 and February 2019 and sold or transferred 104 of them.Investigators also accused Garmo of lying about tipping off a cousin, who was a partner in an illegal marijuana dispensary called Campo Greens, of an impending warrant search he had received for the business. The tip off allowed the business to clear any products or cash before authorities arrived.Sheriff Bill Gore said in a statement Friday that Garmo's actions do not represent the department:"In the spring of 2017, the San Diego County Sheriff's Department learned an employee was possibly involved in misconduct. Upon confirming the information and determining the misconduct potentially involved criminal activity, the Sheriff's Department requested an investigation by the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The FBI and ATF conducted a thorough investigation and the United States Attorney's Office, Southern District of California, issued indictments on one current Sheriff's employee and one former employee. I want to thank our federal law enforcement partners for their diligence on this case, and I have the utmost confidence in the criminal justice system.Acts such as these are a violation of public trust and tarnish the reputation of law enforcement. I am disappointed by the actions of these two individuals, as they do not reflect the values of this department and its thousands of trustworthy, hard-working employees. The Sheriff's Department will not tolerate criminal behavior amongst its ranks and will hold its employees accountable for their actions."Magana and Hamel are out on bail and scheduled to be sentenced on Feb. 21, 2020.Anton and Garmo are set to be arraigned Friday. Tilotta is still at large, authorities say. 4901

SAN DIEGO (KGTV) - A father and son heading to see the border wall became stuck in a flooded stretch of the Tijuana River Valley Thursday.Two men from Idaho and North Dakota told 10News, they were on a father-son vacation in San Diego. They said they came down to the Tijuana River Valley to see the border wall with their own eyes. But the out-of-towners did not know about the notorious dip in Saturn Boulevard.According to San Diego Fire-Rescue, the men ignored road closure signs in the flooded area, and drove through the water.Their truck made it halfway across before it got stuck in five feet of water.After the water reached the truck’s window, the 75-year-old father — who was the driver — climbed out and waited on his roof for help to arrive. The 49-year-old son was able to swim to safety.RELATED: How to check if your neighborhood is at risk of flooding Lifeguards used a boat to paddle out to the man, who got on board and returned to dry land. No injuries were reported. Rescuers were required to go through a multi-step decontamination process after wading into the potentially polluted water.The truck will remain in the water until the flooding has receded, officials told 10News. 1207

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