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SAN DIEGO — The city of San Diego never waived permit repair fees for sidewalks, despite a January announcement from the mayor's office saying it would do so throughout 2020.A homeowner pays the fees, which total to just over ,000, when he or she elects to repair the sidewalk in front of their home. A spokeswoman for the mayor says, however, that the city had to delay the fee waiver program once the coronavirus outbreak hit. The city instead was forced to cut upwards of million from the general fund budget. "The City continues to prioritize sidewalk repair amid the uncertainty and budgetary impacts that COVID 19 has brought," city spokesman Anthony Santacroce said in a statement. "While COVID-related holds slowed repair down for a few months, we estimate another 10,000 locations will be repaired with concrete slicing this (fiscal year 2021) and we are off to a great start."The news release announcing the fee waiver, however, is still on the city's website.Marie St. George, a Mission Hills resident, saw that announcement and contacted the city. She wanted to spend upwards of ,500 to repair the crumbling sidewalk in front of her home. That sidewalk, laid down in 1922, is likely one of upwards of 81,000 backlogged locations the city has marked for repair."I actually am afraid now," St. George said. "People could trip. It's become sort of a hazard."The city has a program to split the construction cost with residents, as both the city and homeowners can be liable for the condition of the sidewalk. St. George, however, was willing to pay all of the cost because she wanted it done faster. However, when she called to get the permits, the city representative said she couldn't waive the fees. "I thought based on the mayor's announcement that it would be waived, so it was pretty shocking," she said. Councilman Mark Kersey, who heads the Active Transportation and Infrastructure Committee, which was moving the fee waiver program forward, said in a statement that he hopes this will be prioritized as money comes available. “Repairs on sidewalks are even more important in the pandemic since so many people depend on them every day," he said. "Programs like the fee waiver can keep residents moving safely and save valuable City dollars by preventing trip-and-fall lawsuits."The city says it also repaired or replaced more than 7,500 sidewalk locations last fiscal year. The mayor's spokeswoman says the hope is to get the fee waiver program to the full council by the end of the year. 2522
SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO (AP) -- Joc Pederson's second home run of the game sailed an estimated 435 feet through two palm trees just beyond the center field fence at Petco Park, and the Los Angeles Dodgers beat the San Diego Padres 7-6 to take two of three in an early series between NL West rivals.Pederson drove in five runs on the two homers for the seven-time defending division champion Dodgers, who won seven of nine on a three-city trip.Pederson hit a two-run homer off Garrett Richards in the second inning and then welcomed rookie Luis Pati?o to the big leagues with his monster three-run shot in the sixth.Down 7-2 in the bottom of the sixth, Fernando Tatis Jr. blasted a deep two-run homer to trim the LA lead to 7-4.In the eighth, San Diego added another run on Wil Myers’ fourth home run of the year.The Padres picked up a run off Dodgers closer Kenley Jansen in the bottom of the ninth to close the gap to 7-6, and with runners at the corners and one out, Manny Machado had a chance to tie or win the game.The third baseman hit a fly ball to left that was caught by Chris Taylor for the second out, and the left fielder’s throw to the plate was perfect to nail a tagging Trent Grisham for the final out of the game. 1222
SAN CLEMENTE ISLAND, Calif. (KGTV) -- The two soldiers killed in an aircraft accident on San Clemente Island have been identified, the U.S. Army Special Operations Command said Saturday.According to the news release, 33-year-old Staff Sgt. Vincent P. Marketta of New Jersey and 22-year-old Sgt. Taylor M. Shelton of San Bernardino died on August 27 during an aviation training mishap.Marketta enlisted in the Army in 2011 as a 15T UH-60 Black Hawk Repairer and was assigned to the 160th Special Operations Regiment. While assigned to the unit, Marketta deployed to Afghanistan in support of Operation Enduring Freedom. He also deployed multiple times to Iraq for Operation Inherent Resolve, according to the Army.Shelton enlisted in the Army in 2016 also as a 15T UH-60 Black Hawk Repairer and was assigned to the same unit as Marketta. During his service, Shelton deployed to Afghanistan in support of Operation Enduring Freedom.“The loss of Staff Sgt. Marketta and Sgt. Shelton has left a scar in this Regiment that will never completely heal,” said Col. Andrew R. Graham, commander of the 160th Special Operations Aviation Regiment (Airborne).“Their level of dedication to the 160th SOAR (A) and their exemplary service in the Army is the embodiment of what it means to be a Night Stalker and a Soldier. Our priority now is to ensure the Families of our fallen warriors receive our complete support as we work through this tragedy together. We ask that you keep Staff Sgt. Marketta, Sgt. Shelton, their Families and fellow Night Stalkers in your thoughts and prayers.”The incident comes just weeks after nine servicemembers, eight Marines and one sailor, were killed in an amphibious assault vehicle training accident off the coast of San Clemente Island. 1766
SACRAMENTO, Calif. (KGTV) -- California organizations and prominent businesses leaders are rallying support to repeal part of Proposition 13, a landmark vote that limited property taxes statewide.The portion organizations have taken aim at would leave property tax protections in place for homes and residential properties, but would substantially increase taxes on commercial property, creating a so-called “split roll,” according to the Sacramento Bee.A group that supports the initiative to change Prop 13, Schools and Communities First, has gathered 860,000 in an effort to get the measure on the November 2020 ballot.RELATED: San Diego ranked third for hidden costs of owning a homeThe state’s Legislative Analyst, Mac Taylor, concluded that the changes most years would result in an additional revenue of to billion.Proposition 13 was passed by California voters in June of 1978 and limits property tax. Prior to the passage of Prop 13, each local government throughout the state could set its property tax annually.This meant the average rate throughout California was nearly three percent. Under the proposition, a property’s overall tax rate statewide is limited to one percent.RELATED: Gas tax repeal qualifies for November ballotTaxes on property are already one of California’s largest sources of government revenue, raising billion in the 2014 to 2015 budget year, according to the Legislative Analyst’s Office.The chart below paints a picture of what happened to tax revenue following the passage of Prop 13 as well as revenue in recent years. One of the reform’s biggest proponents, The San Francisco Foundation, says the revenue could be used for schools, health clinics, infrastructure and other community services.“This is a watershed moment for California,” said Fred Blackwell, CEO of The San Francisco Foundation. “Closing these tax loopholes will restore over billion every year in desperately needed resources for our schools, clinics, and other critical services. It is an investment in a brighter future—expanding access to opportunity and bringing greater racial and economic inclusion to the Bay Area and across the state.”RELATED: San Diego tax increase proposal moves forwardGroups like the California Chamber of Commerce, however, oppose the plan split roll plan. The chamber says higher commercial taxes would be passed on to consumers. The CalChamber board added that, if changes to Prop 13 pass, they fear local governments would move toward approving commercial retail development instead of badly-needed housing developments. 2624
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