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SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) — An off-duty sheriff's deputy shot in Los Angeles County has died, authorities announced at a Wednesday evening news conference. Deputy Joseph Gilbert Solano, 50, was on life support after being shot in the head in an apparently random attack while waiting at the counter of a Jack in the Box in Alhambra. Rhett Nelson, 30, of St. George, Utah, was arrested Tuesday in 393

SAN DIEGO (CNS) - Again citing rising coronavirus hospitalizations and deaths over the past month, Gov. Gavin Newsom Thursday announced plans for a "regional stay-at-home order" that will be implemented in areas running low on intensive-care unit beds and force the closures of some businesses.The order would be triggered when ICU bed availability in a select region falls below 15%. Although no region met that criteria as of Thursday, Newsom said the Southern California region could meet it in a matter of days.Unlike the state's four-tiered coronavirus monitoring system, which grades every county individually, the new stay-at-home order will apply more broadly to five "regions" in the state: Southern California, the Bay Area, the greater Sacramento area, Northern California and the San Joaquin Valley."The five regions that we have highlighted, most of these, four out of the five, we anticipate as early as the next day or two ... that the greater Sacramento, Northern California regions, as well as San Joaquin Valley and Southern California region will have reached that 15% or less ICU capacity," Newsom said. "The Bay Area may have a few extra days -- our current projections suggest mid-, maybe late-December."The Southern California region includes Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.Newsom stressed that ICU admissions due to COVID-19 have spiked by 67% statewide in recent weeks, in conjunction with a surge in cases that has also seen a disturbing rise in fatalities. He said the state reported just 14 deaths on Nov. 2, but now has had back-to-back days of 113 deaths, with nearly 1,000 fatalities in last four days."The bottom line is, if we don't act now, our hospital system will be overwhelmed," he said. "If we don't act now, we'll continue to see the death rate climb, more lives lost."When triggered, the stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Under the order, the following businesses/recreational facilities will be forced to close:indoor and outdoor playgrounds;indoor recreational facilities;hair salons and barbershops;personal care services;museums, zoos, and aquariums;movie theaters;wineries;bars, breweries, and distilleries;family entertainment centers;cardrooms and satellite wagering;limited services;live audience sports; andamusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor-only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.Newsom said the order is "fundamentally predicated on the need to stop gathering with people outside of your household, to do what you can to keep most of your activities outside and, of course, always ... wear face coverings, wear a mask."Newsom also noted that the state still has a travel advisory in place recommending against non-essential travel and urging people to quarantine when they return to the state. When the regional stay-at-home order is triggered, it will strongly urge residents to cancel any non-essential travel.Dr. Mark Ghaly, the state's Health and Human Services secretary, acknowledged there is no real mechanism for enforcing such a travel restriction, but the state will rely on public cooperation."We believe that really emphasizing this is what we hope our citizens will do because their communities are at particularly high risk, their hospitals are having difficulty keeping available ICU beds open, that people will restrict their travel statewide," he said.Newsom again said the state has 11 medical "surge" facilities on standby to open and provide hospital bed space. One of them, the ARCO/Sleep Train Arena in Sacramento, will open Dec. 9, and another is set to open in Imperial County.Included among the other nine surge centers that could be opened are the Fairview Development Center in Orange County, the Riverside County Fairgrounds, the vacant Sears building in Riverside and Palomar Medical Center in San Diego, Newsom said.The governor stressed that the pandemic emergency won't last forever."There is light at the end of the tunnel," he said. "We are a few months away from truly seeing real progress with the vaccine. ... We do not anticipate having to do this once again. But we all really need to step up. We need to meet this moment head on and we need to do everything we can to stem the tide, bend the curve and give us the time necessary by bending that curve to get those vaccines in the hands of all Californians all across the state."The governor's announcement was met with derision from some Republican lawmakers"Governor Newsom clearly doesn't understand that Californians are tired of being locked in their homes," Sen. Melissa Melendez, R-Lake Elsinore, said. "He has ignored the calls from parents with children falling behind socially and academically while his own children attend in-person private school. He is ignoring the cries from small business owners struggling to keep their dreams alive, desperately trying to avoid the over 19,000 businesses that have permanently closed."Senate Republican Leader Shannon Grove, R-Bakersfield, demanded that the governor provide scientific evidence supporting the stay-at-home order."Governor Newsom continues to disrupt life as we know it without releasing the full data behind his decisions or showing the impact his actions are having on our lives," Grove said. "With all the changing guidelines over the last nine months, evidence-based decision-making has to become the standard and not this hodgepodge approach advanced by the governor."But Sen. Dianne Feinstein, D-California, threw her support behind Newsom, saying skyrocketing case numbers make the action necessary."The last eight months have been difficult for everyone," she said. "The toll of this pandemic on families across the country has been devastating, and the mental, economic and social wellbeing of many Americans is suffering. But we must stay strong and do all we can to save lives. Together we will see it through." 6499

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, according to testimony. Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not the natural result of aging. Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but he could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said. While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said this was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances. Chagas' family members testified that an accident that occurred at childbirth had left him ``slow,'' as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters in the past, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as plenty of her past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

SAN DIEGO (CNS) - Just one bid was received for San Diego's next utility franchise agreement -- a minimum million offer from San Diego Gas & Electric to provide the city's gas and electric utilities for the next 20 years, it was revealed Thursday at a special meeting of the City Council.After months of public comment, debate and concern over the franchise agreements, the lone bid -- actually split into a million bid for natural gas and million for electric -- was a surprise for many who believed multiple energy companies had expressed interest.The utility franchise agreement bid was unsealed and presented as an informational item. The council must take action at its next meeting on Jan. 12; the existing franchise agreement with SDG&E expires Jan. 17. It was originally signed as a 50-year agreement starting in 1970.SDG&E, whose parent company is San Diego-based Sempra Energy, has been the sole electric and gas utility for San Diego since 1920.Mayor Todd Gloria and five of the nine city council members were sworn in this month, leaving them just four weeks to decide whether to approve SDG&E's minimum bid for 20 years, ask for an extension to allow new elected officials to get up to speed, cancel the process altogether and start over or pursue municipalization -- purchasing and putting the city's utilities under public control.Many of the callers who weighed in Thursday urged the council to ask Gloria and SDG&E for a one-year extension rather than forcing a bad decision during an economic crisis. That route would be accessible with two-thirds council approval and would continue the service under the previously signed franchise agreement, City Attorney Mara Elliott said.Councilman Chris Cate, one of the four incumbent members, expressed frustration at the delay."This is a process which has been undertaken for well over two years," he said. "We knew the deadlines years ago."He said an extension wouldn't be a good use of the city's time or resources, and shot down the municipalization idea as a costly endeavor already looked at by analysts, which the city could ill afford as it grapples with budgetary fallout from the COVID-19 pandemic."It would not be coming from a fiscally prudent or service prudent standpoint as a city," he said.However, the majority of the council seemed to tilt toward taking more time and asking for an extension."We cannot commit to a bad deal because we are in an economic downturn at the moment," said Councilman Sean Elo-Rivera. "This will affect us for years after the crisis has passed."Councilman Stephen Whitburn agreed."We must have the opportunity to do our due diligence," he said. "We need to make sure that out city's full menu of options have been thoroughly vetted."Councilwoman Marni von Wilpert said she didn't see, in her experience as an attorney, how the current council would be able to make an informed decision in such a short time on a contract which will be worth billions to whichever company or institution takes it over. Councilman Raul Campillo said he was "in no rush" to sign a deal which wasn't best for San Diego.Gloria, who called for the special council meeting this week, seemed to agree."I am committed to a deliberate and thorough review of this complex issue that will affect every San Diego household and business in the city for the years to come," Gloria said on Tuesday. "The public deserves to know what bids have been submitted. We must ensure that we do not squander this once-in-a-generation opportunity to help meet the city's climate goals and protect ratepayers."The lone bid, for the minimum million that former Mayor Kevin Faulconer set when he opened the bidding period Sept. 23, came as somewhat of a surprise. Berkshire Hathaway and Indian Energy had both expressed interest previously but failed to submit bids.Callers, many of whom represented environmental and progressive organizations, urged the council and Gloria to make sure any agreement was in compliance with the city's Climate Action Plan and included a Climate Equity Fund, two-year audits, a right-to-purchase clause if the franchise holder failed to meet standards, and an evaluation of public power.Councilwoman Monica Montgomery Steppe said she had major issues with the bid standards as they stood, but would not approve a plan which did not offer protections for union workers. 4402