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SAN DIEGO (CNS) - The San Diego City Council rejected an emergency ordinance Tuesday that would have banned motorized scooters on boardwalks in Mission Beach, Pacific Beach, Mission Bay and La Jolla.  State law already bans motorized scooters from sidewalks but doesn't mention boardwalks.   The vehicles have become increasingly common in San Diego since they were introduced in February by scooter-sharing companies Bird and LimeBike. Improper usage and excessive speeding has led to injuries, especially where scooters are in close proximity to pedestrians, prompting Councilwoman Lorie 622

SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego County schools are allowed to reopen for in-person teaching starting Tuesday, a day after a flurry of businesses throughout the county resumed indoor operations.Tuesday marks two weeks since San Diego County was removed from the state's COVID-19 watch list and nearly three weeks that the county's case rate has remained under 100 cases per 100,000 people.Remaining below that metric has paved the way for K-12 schools to reopen for in-person teaching, but many districts are expected to take a cautious approach to reopening.Schools that choose to reopen must follow state guidance, including mandatory face covering usage for students in third grade through high school, increased cleaning and disinfecting practices and implementing a six-foot distance requirement, where possible, in classrooms and non-classroom spaces.On Monday, San Diego County businesses including movie theaters, gyms, museums and hair and nail salons resumed indoor operations, with modifications, under newly issued state guidance. Restaurants, places of worship and movie theaters are only allowed up to 25% occupancy or 100 people -- whichever is less. Museums, zoos and aquariums are also required not to exceed 25% occupancy.Monday night, the county implemented a new policy that restaurant patrons sitting indoors must wear masks at all times, except when eating or drinking. Outdoor patrons may still remove masks while not consuming food or beverages.Gyms, dance studios, yoga studios and fitness centers may operate with 10% occupancy. Hair salons, barbershops, tattoo parlors, piercing shops, skin care and cosmetology services and nail salons may operate indoors with normal capacity, but a new policy states they must keep an appointment book with names and contact information for customers to track potential future outbreaks.San Diego County Supervisor Greg Cox thanked San Diegans for working hard to bring the case rate down but offered a word of caution on Monday."This is not a green light, this is a yellow light," he said. "We can't gun the engine of the economy full throttle yet."Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that retail businesses are to be restricted to 50% occupancy. Wooten said she was seeking clarification on grocery stores for the same restriction.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.County public health officials reported 304 new COVID-19 cases on Monday, raising the county's cumulative cases to 38,604. No new deaths were reported, keeping the county's deaths tied to the illness at 682.Of 5,731 tests reported Monday, 5% returned positive, raising the county's 14-day rolling positive testing rate to 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,543. 2960

SAN DIEGO (CNS) - The San Diego City Council declined to report details of its closed-door discussion Tuesday on a draft appraisal of price and payment terms for the city's potential sale of the SDCCU Stadium site to San Diego State University.The council met in closed session to discuss the undisclosed terms of the appraisal with its negotiating team, composed of officials in various city departments and the city attorney's office. Both the city and SDSU have expressed an intent to exchange the property for "fair market value," but what that entails remains opaque.D.F. Davis Real Estate estimated the fair market value of the site sits at .2 million, according to documents.The city is currently in the process of selling a 132-acre parcel of land to SDSU as the university intends to redevelop the parcel, which includes SDCCU Stadium, into a 35,000-seat stadium to be primarily used by the university's football team, a satellite campus, a park along the San Diego River and commercial and residential space.After the closed session, City Councilwoman Barbara Bry called for the draft appraisal to be released to the public and for all future discussions of the sale to take place in an open session."It is now time for SDSU to make an offer which honors the terms of Measure G and the promises that were made during the campaign," Bry said in a statement. "This offer should include a commitment to building the river park and designing a transit-dependent development."City officials have also noted their concern over certain elements of the project's draft environmental impact report, such as the university's analysis of how the project will affect traffic patterns in Mission Valley. The council must approve a final version of the report prior to completing the sale.On Monday, the Friends of SDSU, a group of university alumni and community members, called on the city to accept the appraisal without changes, arguing that the project would be transformative for the city and SDSU will be a good steward in overseeing the land."Introduction of extraneous considerations that are inconsistent with the provisions of voter-approved Measure G or are outside the mutually agreed-to guidelines for the appraisal could substantially delay or threaten altogether the successful transfer of this property," Friends of SDSU wrote in a letter to Mayor Kevin Faulconer and the council.San Diego voters approved the plan, then known as SDSU West and now dubbed SDSU Mission Valley, last November. Since then, the university has selected two firms to oversee the planning and construction of the future stadium and campus while negotiating the sale with the city.On the project's current timeline, university officials expect the California State University Board of Trustees to consider approving a draft environmental impact report on the SDSU West plan early next year. The university expects to break ground on the project in early 2020 and complete the redevelopment in its entirety by the mid-2030s. 3022

SAN DIEGO (CNS) - The entire passenger and freight rail line between Oceanside and San Diego will be closed at midnight and remain shut down all weekend for improvements, according to the San Diego Association of Governments.Crews will shut down the lines just after midnight Saturday through 5 a.m. Monday, according to SANDAG, which will make several improvements, including work on the Mid-Coast Trolley project, extending the UC San Diego blue line trolley from the Santa Fe Depot in Downtown San Diego north toward UC San Diego.Four rail services use the San Diego segment of the Los Angeles-San Diego-San Luis Obispo coastal rail corridor: North County Transit District, Metrolink, Amtrak and the BNSF freight line.Passengers using the Coaster train line are advised to use the BREEZE Route 101 or local buses. Amtrak will offer bus connections from Oceanside to San Diego for passengers with reservations.Crews working on the Mid-Coast Trolley project will remove temporary support structures, build retaining walls, protect slopes and install fencing and cable railing, as well as sewer, water, and drainage pipes.The entire project is expected to be completed late next year.Near the San Diego River Bridge, crews will add nearly a mile of double track across the river to create a continuous 7-mile stretch of double track in the southernmost portion of the coastal rail corridor.During construction, nearby residents and businesses can expect intermittent noise and lights.Passenger rail service is scheduled to resume for the Monday morning commute. 1569