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SAN DIEGO (KGTV) - Southcrest neighbors banned together to file a lawsuit against the City of San Diego, claiming a city park was not designed to properly drain and therefore floods the neighborhood each time it rains.Last December was the breaking point for neighbors near Southcrest Trails Park, at S. 37th Street and a dirt road behind houses situated on Beta Street. They say feet of water flooded into their homes."This actually becomes a sinkhole, this area," said Greg Montoya, who is leading the charge with his hefty binder full of decades of documentation of the problem. Montoya has pictures of his white pickup truck sunken rims-deep into his yard due to saturation.The lawsuit describes it as "a 66-acre, 1.2-mile corridor in the Southcrest neighborhood of San Diego to construct Highway 252, which would connect Interstate 805 and lnterstates 5 and 15."The project never materialized, Montoya says, because St. Jude, thinking of the school, put up a fight."So then the City of San Diego put dirt berms in to keep people from driving back here, to keep people from throwing trash back here, because it became a dump," Montoya said. The park took shape in 2003, according to the lawsuit.Montoya and other neighbors say there was not enough drainage put in, sending water running down the five-foot berm every time it rains.A storm in December 2018 left many stranded, including Ricky Vasquez, who was trying to pick up his one-year-old son."Other cars were stuck in the middle of the street because the water was so high," said Vasquez.Neighbor Pastor Nicolas Martinez said his home flooded, ultimately costing ,000.Montoya was fed up."San Diego's America's Finest City for some but not for all because I've got documentation for over 30 years for asking for help for this situation that they've created and I'm just ignored," said Montoya.He went to attorney Evan Walker, who said his team found one of the two storm drains at the park "is not connected to any sort of system despite the city's own plans to connect them to the system."Montoya hopes the lawsuit causes the city to step up.10News reached out to the City of San Diego who said they could not comment on ongoing litigation. 2211

SAN DIEGO (KGTV) -- San Diego State University said Tuesday it plans to pause a majority of in-person instruction for the fall term.The university noted that the changes will begin the week of Thanksgiving.“Faculty offering in-person courses are encouraged to shift to virtual, preferably by Friday, Nov. 20. All faculty should convert to virtual instruction no later than Wednesday, Nov. 25,” the university said.The university also said that no in-person research by freshman, sophomores, or volunteers will be allowed for the remainder of the fall semester.The changes come as San Diego County enters the state’s purple tier. Also this week, California Governor Gavin Newsom announced that a majority of the state's counties would enter the purple tier, suffocating economic activity. As of Tuesday afternoon, the county experienced more than 700 new coronavirus cases. 880

SAN DIEGO (KGTV) -- SeaWorld San Diego is being allowed to reopen, but certain parts of the park will have to remain closed, a San Diego County spokesman said.A county spokesman told ABC 10News that the park is being allowed to reopen under California’s guidance for zoos.SeaWorld San Diego will be able to open its outdoor areas of the park, but indoor areas -- such as its aquariums -- and rides will not be open to guests under the specific zoo guidance.Under the zoo guidance, the park will have to post a Safe Reopening Plan like other businesses.It remains unknown when the park will officially reopen; SeaWorld San Diego officials did not immediately respond to ABC 10News’ request for comment.The park has been closed since March due to the coronavirus pandemic. The park's website states that for season passholders, tickets will be extended as long as the closure lasted.The company’s most recent earnings report revealed troubling numbers from the second quarter and first six months of 2020, including revenue down 96 percent compared to the same time last year.Parents around San Diego said the news is a welcome sign after a summer of closures. Raquel Cusi said her four kids ask when they can go back to SeaWorld on a daily basis."For me I feel like I’ve been born and raised in San Diego, SeaWorld is a staple, and the fact that we can’t be there is sad, so I think it’ll be really awesome for San Diego families," said Cusi.Claudia Harris is a mom of three and said her kids love going to see the killer whales. In a zoom call, the kids all shared their excitement."I’m so excited to watch the killer whale show because the whales are so cool," said her son, while holding a whale toy.SeaWorld is joining the San Diego Zoo and the USS Midway in partial reopenings, but a LEGOLAND spokesperson said they have not been told when that park will reopen. LEGOLAND General Manager Kurt Stocks said, in a statement, “LEGOLAND California Resort is ready and eager to open once the state and county guidelines are given. All health and safety guidelines that have been approved for other San Diego attractions can easily be observed at our Park even if it means closing the very few indoor attractions.” 2219

SAN DIEGO (KGTV) — San Diego Police say the man shot in an officer-involved shooting downtown last weekend has died from his injuries.Leonardo Hurtado Ibarra, 25, died of his injuries at the hospital on Monday just before 10:30 p.m., SDPD said Tuesday.On Saturday, two officers in the area of 1200 6th Avenue saw Ibarra leaving a building and recognized him from a recent wanted flier regarding a robbery, according to SDPD. Police say the officers attempted to stop and talk with Ibarra but he began to walk away.RELATED: SDPD release surveillance video, body cam footage from officer-involved shooting in Downtown San DiegoPolice say Ibarra dropped the items he was carrying and "reached into his waistband." He drew an object and pointed it at an officer, prompting both officers to fire their service weapons, police added."He produced a handgun and then pointed it at the officers," said SDPD Capt. Rich Freedman over the weekend. "For fear that they were going to be shot, the officers return fire."Ibarra was hit at least once. He was taken to a nearby hospital where he underwent surgery and was placed in the ICU with life-threatening injuries.A loaded revolver wrapped in a bandana was recovered at the scene, but police have not determined if Ibarra fired the weapon at officers.The two officers involved, identified as Jonathon Lucas and Tevar Zaki, were not injured. Both officers have been with SDPD for about four years, according to the department. They have been placed on administrative leave during the investigation.RELATED: Calls for San Diego Police reform following downtown shootingBodycam footage was released in Sunday showing the incident from the perspective of the two officers. Footage from a smart street light overhead and a nearby security camera were also released to the public.After SDPD's homicide unit completes its investigation, the case will be reviewed by the county District Attorney's Office to determine if the officers are subject to any criminal liability, according to police.If any policy violations are discovered, the Internal Affairs Unit will conduct an investigation.SDPD says the Shooting Review Board will evaluate the tactics used by the officers. The Community Review Board on Police Practices will also review the incident and give any recommendations.The Federal Bureau of Investigations and U.S. Attorney's Office will monitor the investigations, police added.San Diego Police could not comment further while the investigation is ongoing. 2507

SAN DIEGO (KGTV) - Some local leaders believe a significant number of homes that could help ease the housing shortage are actually vacant, and it may be time to consider a 'vacancy tax.'On any given night, amid the bright lights of the downtown skyline, are the not-so-bright, 41-story towers of the Harbor Club condominiums. Aaron Howe lives two blocks away."Just kind of empty and lonely. You see a few lights, but it's mostly dark," said Howe.Sources tells 10News, at various times in the past decade, as many as half the units have been vacant, meaning they are not a primary residence. It is sights like those dark units prevalent across the downtown area that have drawn the scrutiny of County Board Supervisor Nathan Fletcher.RELATED: Making It in San Diego: Here's how much space you can rent for the median income in San Diego"I'm concerned that you have foreign wealth funds buying floors that are never occupied. I'm concerned you have people making investments in their fourth, fifth and sixth homes. To tackle the housing crisis, you can't just build something you call housing. It has to be something that actually houses people," said Fletcher. But just how many local homes stand empty? According to the the real estate tracker CoStar, San Diego's vacancy rate is about 4.5 percent. A healthy market is around 7 or 8 percent, but those numbers generally account for apartments, not single family homes and condos. Months ago, the San Diego Housing Commission directed staff to look into more accurate vacancy numbers, a first step that could lead to the proposal of a vacancy tax, similar to one enacted in Vancouver, British Columbia in 2017. "Housing prices were going up far faster than local incomes were. There was fear a lot of homes were bought as investments and they were being left empty," said Dan Fumano, a reporter with the Vancouver Sun who has covered the issue extensively.RELATED: Facing It Together: San Diego college students cope with homelessnessVancouver assessed a 1 percent levy on a home's assessed value for homes occupied less than half the year. While some homeowners cried foul, the city pressed on, including audits on homes to confirm they were inhabited. So far, city leaders have called the results of the tax encouraging. In the first year, it generated million in revenues for affordable housing projects.In the same time period, the number of declared vacant units dropped by 15 percent, welcome news in a tight rental market."There have been all these stories of college students living in mansions in expensive neighborhoods ... owners renting out to a group of five students for quite cheap just so the owner can avoid paying the tax," said Fumano.A similar tax has since been enacted for the entire province of British Columbia. RELATED: For rent: San Diego backyard shed listed for ,050 per monthThe San Diego Housing Commission could hire a research group to begin a vacant home study by the end of the year. If city leaders determine a vacancy tax should be proposed, it would go before the voters.A representative with management company of the Harbor Club declined to comment on the current vacancy numbers. 3188

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