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SAN DIEGO (KGTV)- Business owners across San Diego County were bracing for the possibility of shifting back into the most restrictive purple tier Tuesday.The county barely avoided the move and can stay in the red tier for now.“The up and down is very difficult to run any business without having any known information about what the future brings,” said Scott Lutwak, CEO of Fit Athletic Club, which has five locations in the county. “It’s been just a rollercoaster of open and close again.”If the county had to move back into the purple tier, gyms and fitness centers would have to go back to outdoor operations only.“It’s not easy to just move all the equipment that you had inside and move it into your parking lot and create a gym,” he said.Under the red tier, they can operate inside at 10 percent capacity. Lutwak said that’s still just not enough.“This number has been a very difficult number for our industry to digest because we simply cannot operate at 10 percent of our capacity.”Restaurants were also set to move back outside if we hit the purple tier. Under the red, they can offer indoor dining at 25 percent capacity.“There’s no clear path to 100 percent, there’s no plan to get us back open, and that’s really shocking to us,” said Angie Weber, co-owner of Cowboy Star Restaurant and Butcher Shop.She said her East Village business would not survive another shutdown.Weber said California’s color-coded tier system makes things more difficult for already struggling business owners, as they’re constantly worrying about what could happen next.“We need to fix this, we’re just going to be on this seesaw,” she said.While San Diego County teeters between the red and purple tiers with no orange or yellow in sight yet, both Lutwak and Weber hope county leaders and health officials can take back local control.“If we use the governor’s formula, our businesses are basically never going to be able to reopen,” said Lutwak. 1943

SAN DIEGO, Calif. (KGTV) -- An appeals court today overturned a ruling that would have allowed the conditional release of the “Bolder Than Most” rapist, Alvin Quarles. The ruling was issued by the 4th District Court of Appeals Monday. The court said, in part that “Quarles is a serial rapist whose crimes were shockingly brutal and destructive. If he fails after he is conditionally released, considering his past, we shudder to contemplate the consequences of such a failure.”After news broke of the reversal, Dianne Jacob, who serves on the San Diego County Board of Supervisors and has been adamantly against the release, spoke out on Twitter. RELATED: Public weighs in on release of 'Bolder than Most' rapist Alvin Quarles into East County“The court decision is a victory for the region and public safety, but we can't let down our guard. We must continue to fight the placement of sexually violent predators into our communities,” Jacob said in part. The ruling comes after San Diego County Superior Court Judge David M. Gill's decision to release Quarles to a home somewhere in San Diego County. After his release, he would have undergone treatment through a conditional release program.Gill's ruling followed a series of closed-door hearings that involved testimony from psychiatrists and other experts. Quarles was dubbed the "Bolder Than Most" rapist due to the way he attacked his victims at knifepoint, sometimes forcing the women's husbands or boyfriends to watch. In 1989, he pleaded guilty to committing over a dozen sexual assaults in the mid-to-late 1980s. He was sentenced to 50 years in prison. RELATED: Judge approves conditional release of 'Bolder than Most' rapistIn 2014, Quarles was committed to a state hospital as a Sexually Violent Predator, a designation for people convicted of sexually violent crimes diagnosed with a mental disorder that makes them dangerous to the public. City News Service contributed to this report. 1958

SAN FRANCISCO (AP) — California Gov. Gavin Newsom’s opposition to Pacific Gas & Electric’s restructuring plan just a week after it struck a .5 billion settlement with fire victims is forcing the nation’s largest utility to go back to the negotiating table and come up with a solution fairly quickly.The San Francisco-based company needs to pull a deal off to meet a June 30 deadline to emerge from bankruptcy protection and regain its financial footing.Missing the deadline would prevent PG&E from being able to draw from a special fund created by the Democratic governor and state lawmakers to help insulate California utilities from future fires that many people believe are bound to erupt as a changing climate continues to create hazardous conditions. Utilities are at risk because their aging electric transmission lines are expected to take years to upgrade.On Thursday, PG&E filed an amended reorganization plan with the U.S. Bankruptcy Court after reaching a settlement on Dec. 6 with thousands of people who lost homes, businesses and family members in a series of devastating fires.In his letter on Friday, Newsom said the plan does not comply with state law and does not achieve the goal of addressing what he considers its most important elements: providing safe and reliable power to PG&E customers.“In my judgment, the amended plan and the restructuring transactions do not result in a reorganized company positioned to provide safe, reliable, and affordable service,” he said.The governor said PG&E’s plan did not go far enough in improving safety, corporate governance and the company’s financial position. The company has until Tuesday to appease Newsom and get him to sign off on the plan.“We’ve welcomed feedback from all stakeholders throughout these proceedings and will continue to work diligently in the coming days to resolve any issues that may arise,” PG&E said in a statement.Without the added protection of the California wildfire fund, PG&E would likely find it more difficult to borrow money to pay for the necessary upgrades and perhaps even fund its ongoing operations if it remains mired in bankruptcy proceedings beyond June 30.If PG&E can’t get a revised deal with the fire victims approved, it also will face the specter of navigating through two other legal gauntlets early next year that would be used as an alternative way to estimate how much the company owes for the catastrophic wildfires in 2017 and 2018 that killed nearly 130 people and destroyed about 28,000 structures in its sprawling service territory.One, a California state trial to be held in January, will determine whether PG&E is liable for a 2017 fire in Sonoma County that the company hasn’t accepted full responsibility for. The trial would also award damages to the victims if PG&E is blamed. A subsequent proceeding, known as an estimation hearing, is scheduled in February before a federal judge to determine PG&E’s total bill for all the fires that could have been covered in the settlement that had been worked out with the victims.Attorneys for the fire victims so far have collectively lodged claims of about billion against PG&E, according to court documents. But that figure could rise even higher after the state trial and estimation hearing, and it if does would likely leave PG&E unable to meet its financial obligations — a development that could lead U.S. Bankruptcy Judge Dennis Montali to declare the company insolvent.If that were to happen, it would automatically void a separate billion settlement deal PG&E has reached with insurers who say they are owed billion for the fire insurance claims they expect to pay their policyholders in the wildfires blamed on the utility. The insurance settlement, though, is also being opposed by Newsom, and is still awaiting Montali’s approval.The governor “may have upset a rather delicate bankruptcy process,” said Jared Ellias, a bankruptcy expert at University of California, Hastings College of the Law.“We’re going to see how resilient the deal that comes out of this process is going to be and whether it can adjust to meet his approval,” he said. 4197

SAN DIEGO, Calif. (KGTV) - One day after the death of Supreme Court Justice Ruth Bader Ginsburg, and locals in San Diego came together to honor the Notorious RBG.Related: Supreme Court Justice Ruth Bader Ginsburg has diedA couple hundred people came together on the steps of Superior Court of San Diego on Union Street on Saturday night.While a few people shared remarks, mourners gathered with candles and flowers. Many people also wore collars, like RBG. A memorial on the steps of the Superior Court grew, filled with signs, flowers and candles.“It’s shaken some folks and we just want to come together and share our strength because ultimately we believe there is strength in unity,” said Lesa Thode, secretary for Women’s March San Diego.Thode said they wanted to give people a place to grieve and remember RBG together. She added that there will be more memorials in the near future that will be more accommodating for the Jewish community, who are in the middle of Rosh Hashanah. One attendee of the vigil was Felicia Rawlins, co-founder of the group Encinitas for Equality.“Came down here to grieve our loss of RGB and take a moment to really feel the feels before we start taking action,” said Rawlins.Many other attendees echoed the need to process, then use the legacy of Ruth Bader Ginsburg to continue forward with the change she started. 1359

SAN DIEGO (KGTV)- The National Weather Service (NWS) issued a heat advisory through Thursday for the coastal areas and Friday for the inland valleys in San Diego County.The hot weather and dry fuels create dangerous fire weather conditions, keeping fire crews across the county on high alert.“At nine, it already felt significantly warmer than the last couple of days,” said Elizabeth Conniff as she ended her hike at Iron Mountain Trailhead. “It was pretty hot, hotter than I expected, and very dry.”Poway reached nearly 100 degrees before noon Tuesday, nearing record-breaking temperatures for this time of year.Conniff, an experienced hiker, said that she would not recommend hiking during this time.Hotter temperatures are forecasted for Wednesday and Thursday.“If it’s going to be 100 or over, stay home, and that is from somebody who hikes three or four days a week,” she said.The NWS warns the hot weather could cause heat-related illnesses and recommends that people stay hydrated and out of the sun.Firefighting agencies ask everyone to remain vigilant and be extra cautious about doing anything that could spark a wildfire. 1141

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