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SAN DIEGO (CNS) - A San Diego judge's ruling today clears the way for the proposed Plaza de Panama project in Balboa Park to proceed.San Diego Superior Court Judge Gregory W. Pollack ruled both the project's proposed bond funding mechanism and an agreement of cooperation with the Plaza de Panama Committee to be legal, allowing the city to proceed with the plan to reduce traffic congestion in the park, according to the city attorney's office.San Diegans for Open Government argued that the city should have allowed voters to decide whether the city should rely on million in bonds to help fund the project.The City Council approved the project by a 7-1 vote in 2012, but six years of challenges and litigation stalled its implementation.The project will limit vehicle access and improve parking in order to restore the Plaza de California and Plaza de Panama as dedicated pedestrian areas."Balboa Park truly is the jewel of San Diego, and I am excited that the city can finally move forward with its plans to revitalize the Park for the enjoyment of San Diegans and tourists alike," City Attorney Mara W. Elliott said after the ruling.The Plaza de Panama project will also include improvements to more than six acres of park space and improved park access. The city will select contractors through a competitive bidding process and plans to break ground on the project as soon as next spring. 1407

SAN DIEGO (CNS) - Authorities reached out to the public Friday for help in identifying the perpetrator of a felony battery that left a 24-year-old woman seriously injured last weekend in Carmel Valley.The victim was walking to her car with friends in a parking lot in the 12600 block of Torrey Bluff Drive about 9:45 p.m. Sunday when someone threw an unknown type of object at her, possibly from a inside dark-colored SUV, according to San Diego police.The projectile hit the woman in the eye, leaving her with major trauma, including permanent orbital-bone damage.Investigators, who have no description of the assailant, have been checking the area for surveillance footage of the seemingly unprovoked attack but have yet to find any, police said.Anyone who might be able to help detectives track down the perpetrator was asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters may remain anonymous and could be eligible for a reward of up to ,000. 1027

SAN DIEGO (CNS) - A man convicted of sex crimes against children in Northern California who was recommended for conditional release to a Pauma Valley home will no longer be considered for placement in San Diego County, prosecutors said Friday.Joshua Cooley, 40, is classified as a Sexually Violent Predator, a designation for those convicted of sexually violent offenses and diagnosed with a mental disorder that makes them likely to re-offend.According to the San Diego County District Attorney's Office, Cooley was convicted in Humboldt County of sex crimes against underage girls.The Department of State Hospitals recently recommended placing Cooley at 15077 Adams Drive after attempts to find a suitable Humboldt County location were unsuccessful, according to the DA's Office.The address is the same location where another Sexually Violent Predator, Joseph Bocklett, was recently recommended for release. San Diego County Superior Court Judge Howard Shore ultimately decided against the placement, ruling that it would bring the 76-year-old Bocklett too close to areas frequented by families.San Diego County District Attorney Summer Stephan lodged a strong objection to Cooley's proposed placement, citing Shore's ruling and the potential risks to the public."Ignoring and overlooking Judge Shore's thorough, thoughtful and well- reasoned conclusions and continuing to consider this location for placement of an SVP is reckless and irresponsible," Stephan wrote in a letter to Liberty Healthcare and the California Department of State Hospitals, which are tasked with locating suitable post-release housing for sexual predators.Stephan wrote that if the placement was considered inappropriate for Bocklett, a senior citizen, the much younger Cooley represented an even greater risk.According to the DA's Office, Liberty Healthcare has stated that the recommendation was made in error, and the Department of State Hospitals no longer feels the Pauma Valley address is a suitable location for Cooley. An Oct. 9 virtual court hearing was scheduled in Humboldt County Superior Court to discuss the proposed placement, but that hearing has since been vacated."This placement would have put children and families at risk, so we went to battle alongside our community, and we prevailed," Stephan said. "I want to acknowledge that the system worked in that the State Department of Hospitals gave serious consideration to our concerns and spared us from an extended legal battle in court. They showed that they care about our community. I also want to acknowledge the SAFE Task Force, led by the sheriff's department, for all their work giving notification and gathering input from the community. As always, the DA Sex Crimes and Human Trafficking Division demonstrated their commitment to keeping our children safe and the community stood firmly with us in stopping this placement." 2888

SAN DIEGO (CNS) - Hours after Gov. Gavin Newsom released a new system for the state that sorts counties into one of four tiers based on the extent of the area's COVID-19 outbreak, San Diego County officials announced some local businesses would be able to operate indoors in a limited capacity starting Monday.On Monday, restaurants, places of worship, movie theaters and museums will be allowed to maintain up to 25% occupancy or 100 people -- whichever is less. Gyms may operate with 10% occupancy. Hair salons, barbershops and nail salons may operate indoors with normal capacity. Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that indicate retail businesses are to be restricted to 50% occupancy.All indoor businesses must still abide by social distancing- and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.On Saturday, the county reported 263 new COVID-19 cases and three new deaths, raising the region's totals to 38,047 cases and 679 deaths.Two women in their mid-80s and one man in his early 80s died. All three had underlying medical conditions.Of the 6,796 tests reported, 4% returned positive. The 14-day rolling average of positive tests is 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,978.Of the total positive cases in the county, 3,083 -- or 8.1% -- have required hospitalization since the pandemic began, and 749 -- or 2% -- were admitted to an intensive care unit.County health officials reported six new community outbreaks Friday, bringing the number of outbreaks in the past week to 20. The outbreaks were in a food processing setting and five in business settings.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Wooten said San Diego County had made it to "tier 2," the only county in Southern California to earn that designation. The county still has a "substantial" COVID-19 presence, but unlike Orange, Riverside, Los Angeles and Imperial counties it is not considered "widespread."The two metrics the state was monitoring in that tier list include an old one -- the percentage of positive tests -- and a new one -- the number of daily new cases per 100,000 people. San Diego County is at 3.8% and 5.8 per 100,000 respectively. To make it to the next tier, the county must show rates of between 2% and 4.9% positive tests and between 1 and 3.9 new daily cases per 100,000 population.Because the county currently exceeds one of those numbers, it cannot start its path to the next tier.County Supervisor Nathan Fletcher said he felt the county was moving too quickly to reopen and should take a more measured response."My concerns are with the size, scope and speed of what is being reopened on Monday," he said. "While there are some lower risk entities that could safely reopen at this point, what we are doing is very similar to what we did in June with a large segment of indoor operations all opening at the same time. This led to a large increase in cases and required new restrictions."But even though I prefer a different path, the decision has been made and I will continue to work tirelessly to help us find a way to slow the spread, support our schools, and continue to help our community through this difficult time," Fletcher said.According to Wooten, there is a 21-day mandatory wait time before any county can move between tiers, and a county must meet the metrics for the next tier for two straight weeks. Also, a county may only move one tier at a time.These moves all appear to be in the interest of moving counties down the tier list toward full reopening. There does not appear to be any provision for a large, quickly spreading outbreak moving a county more rapidly back up the list.The timeline for schools being able to open for in-person instruction on Sept. 1 is not affected by this new system of tiers, Wooten said. The state will monitor the data weekly, with results announced Tuesdays.County officials announced last Wednesday that they would expand free testing for school staff throughout the region.According to Fletcher, testing for school staff -- teachers, paraprofessionals and others -- will be made available for free at all of the county's 20 testing sites. Additionally, Fletcher said more will open by the end of September to increase testing accessibility.The county still does not advise that asymptomatic children get tested, but Fletcher said parents can seek guidance through primary care physicians or seek testing through Rady Children's Hospital, Tri-Care or Kaiser Permanente -- depending on what health insurance, if any, a family has.San Diego State University announced Friday that three more students tested positive for COVID-19, after reporting two positive tests among students for two consecutive days.University officials said the two new cases were unrelated to the previous cases and all seven students had only been to the campus for testing at Student Health Services.Eighteen SDSU students have contracted COVID-19 since March. 5299

SAN DIEGO (CNS) - A pedestrian was fatally struck by a vehicle this morning on state Route 163 in the Kearny Mesa area.The crash was reported around 3 a.m. near the Balboa Avenue off-ramp from northbound SR-163, according to a California Highway Patrol incident log.The pedestrian was pronounced dead at the scene, the CHP reported.No details about the victim, the vehicle or its driver were immediately available.CHP officers were investigating the circumstances leading up to the crash. 496