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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) - An ex-con accused of abducting and sexually assaulting a woman in two separate locations before letting her out of his truck in Logan Heights pleaded not guilty today to felony charges, including rape and sexual penetration by force.Phillip Terrel McLeod, 47, who has a criminal record that includes a similar kidnapping case from 2002, faces 160 years to life in prison if convicted, said Deputy District Attorney Patrick Espinoza, McLeod was ordered held on million bail.The prosecutor said the 27-year-old alleged victim in the current case was initially attacked on Delta Street near Balboa Elementary School about 11:30 p.m. on Dec. 20.Espinoza alleged that McLeod pulled up and threatened to use a Taser on the woman, then forced her into his white pickup truck and drove her to an area near 39th Street and Broadway in Mount Hope, where she was sexually assaulted.The prosecutor said the victim fought back and McLeod drove her to Logan Heights, where he allegedly tried to rape her again. The victim pleaded with McLeod to let her go, and he did so near 32nd Street and National Avenue, Espinoza said.McLeod -- who is also charged with kidnapping for rape, attempted rape, assault with intent to commit rape, assault by means likely to produce great bodily injury and a misdemeanor count of resisting an officer -- was arrested Dec. 29.He will be back in court Jan. 15 for a readiness conference and the following day for a preliminary hearing. 1481

SAN DIEGO (CNS) - More than 15,000 runners are expected in Balboa Park on Sunday for the 21st annual Susan G. Komen San Diego Race for the Cure.The event will raise funds for Komen's breast cancer programs, including mammography, financial assistance to patients and meal delivery.An opening ceremony is scheduled for 7:30 a.m., and the 5K run and 1K walk/run begin at 8 a.m. at Sixth Avenue and Palm Street on the west side of Balboa Park.According to Komen, six women a day are diagnosed with breast cancer in San Diego and one dies daily from the disease.However, the survival rate is nearly 99 percent if the most common form of breast cancer is detected early, Komen officials said. Many of the organization's programs, such as free mammograms for low-income women, are aimed at finding the disease as soon as possible.A closing awards ceremony will take place after the run.Online registration is closed. In-person registration is available Saturday from 10 a.m. to 2 p.m. at the race site, and Sunday beginning at 6:30 p.m. 1038

SAN DIEGO (CNS) - As the San Diego region prepares for possible cases of novel coronavirus, the Health and Human Services Agency reported Wednesday that even with six influenza-related deaths recorded last week, the flu season appears to be winding down.A total of 86 San Diego County residents have died from the flu so far this season, and of the half dozen deaths recorded last week, only one actually happened last week. All of the people who died had underlying medical conditions.That total is more than last flu season's entire toll.As of this time last year, the county had recorded 46 flu deaths. Last season's deaths totaled 77."Influenza appears to be declining, but people should continue getting vaccinated as the flu could last until April or May," said said Dr. Wilma Wooten, the county's public health officer. "The vaccine is safe and effective and the best tool we have to prevent influenza."Last week, Chairman Greg Cox, County Board of Supervisors, recommended everyone get a flu vaccine to protect themselves and their family, and reduce the potential strain on the healthcare system, which may be impacted by novel coronovirus concerns.There have been a handful of novel coronavirus cases in San Diego County and as of yet no deaths."It's important for everyone to educate themselves and their family and be prepared ...," Cox said. "It's also important for people not to panic as the risk for this new virus and the disease that it causes continues to be low."All but three of the people who have died from influenza this season had underlying medical conditions, according to the HHSA, which reported that the total number of reported cases decreased again last week to 637 -- 135 fewer cases than the previous week. To date, San Diego County has had 19,317 cases.Last flu season saw 6,675 cases by this time and 9,655 in total.County health officials are encouraging people who are sick to first contact their healthcare provider by telephone or arrange an urgent appointment, but to go to an emergency department if they have any of the following symptoms:-- difficulty breathing or shortness of breath;-- chest pain or abdominal pain;-- sudden dizziness;-- confusion;-- severe or persistent vomiting; or-- flu-like symptoms that appear to get better, but then return with a fever and worse cough.County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people with chronic medical conditions like asthma, diabetes and lung disease, and people age 65 or older.Residents can take precautions against contracting the virus by frequent hand-washing, cleaning commonly touched surfaces, avoiding contact with sick people and avoiding touching one's eyes, nose and mouth.The flu vaccine is available at local doctors' offices, retail pharmacies and the county's public health centers. A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 3168

reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120