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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) - A man stabbed his housemate to death in Chula Vista two years ago, then stuffed the victim's body into a barrel that he and another man dumped into San Diego Bay, a prosecutor alleged Tuesday, while defense attorneys maintained that the evidence against their clients was entirely circumstantial. Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of Omar Medina, 28, and co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was located 12 days later inside the barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks. Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head. RELATED: Man whose body was found in a barrel had been stabbed 66 times; suspect pleads not guiltyDeputy District Attorney Cherie Somerville said in her opening statement that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista. In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor. Sommerville also noted that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit. Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle. RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDuring that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County. Defense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina. The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home. Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house. RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it. Surveillance footage allegedly captures the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage. She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property. Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent. Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge of assisting Cook of disposing Medina's body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4056

SAN DIEGO (CNS) - For the fifth day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people -- however, the state said it will have to review the data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people (it was 91.9 Sunday) for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Some 48 elementary schools have filed waivers with the county to return to school early.That timeline is now uncertain, as are the specifics of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials on Sunday reported 334 new COVID-19 cases and no new deaths as of Saturday, raising the county's totals to 34,678 cases, with the death toll remaining at 626.Of the 7,047 tests reported, 5% returned positive, maintaining the 14- day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.Of the total positive cases in the county, 2,856 -- or 8.2% -- have required hospitalization since the pandemic began, and 715 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported three new community outbreaks, bringing the number of outbreaks in the past week to 24. The latest outbreaks were reported in a business, a restaurant and a restaurant-bar, according to the county Health and Human Services Agency.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.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating last week at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily." 3073

SAN DIEGO (CNS) - A pedestrian was struck and killed by a Metropolitan Transit System trolley in San Ysidro, police said Friday.The crash happened shortly before 11:40 p.m. Thursday near the intersection of Beyer Boulevard and Smythe Avenue, San Diego police Sgt. Michael Stirk said. The intersection is just northeast of the Beyer Boulevard Trolley Station.The pedestrian was pronounced dead at the scene, Stirk said. No details about the victim were immediately available.Officers from the San Diego Police Department's traffic division were investigating the circumstances leading up to the crash. 608

SAN DIEGO (CNS) - Countywide sales of previously owned single-family homes and attached properties fell from July to August while median sales prices ticked up slightly, according to data released Monday by the Greater San Diego Association of Realtors. Single-family home sales fell 7.4% -- from 2,144 in July to 1,985 last month -- while sales of attached properties, such as condominiums, fell 8.6% from 1,100 in July to 1,005 in August. Sales of both property types have vacillated between increases and decreases since May. Median sales prices of both property types have risen fairly steadily for most of the year, according to the GSDAR. Single-family home prices rose 0.5% from 7,000 in July to 0,000 in August, and attached property prices increased 1.2% from 5,000 in July to 0,000 last month. ``The 30-year mortgage rates are approaching the historic lows of 2016,'' SDAR President Kevin Burke said. ``Whether that can give the housing market some relief is still dependent on an increase in our supply of homes for sale. Until then, buyers will have to be on their game.'' Year-over-year property sales also fell last month when compared to August 2018. Single-family home sales decreased 3.8% from 2,064 in August 2018 to 1,985 last month, while attached property sales fell 6.9% from 1,079 in August 2018 to 1,005 in August of this year. Property prices didn't move much last month compared to their levels one year ago. Single-family home prices decreased 0.8% from 5,000 in August 2018 to 0,000 last month, while attached property prices jumped 3.5% from 5,000 in August of last year to 0,000 last month. Real estate agents sold 55 single-family homes in eastern Rancho Bernardo last month, the most of any ZIP code in the county. Ramona and northern Oceanside followed with 52 and 51, respectively. 1847

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