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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) - 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) - At least one person was seriously injured this morning in a crash that may have involved an alcohol-impaired driver, the California Highway Patrol said.A car reportedly rolled over and caught fire about 3:44 a.m. on southbound state Route 15 near state Route 94, according to a California Highway Patrol incident log. Moments later, dispatchers were told the car appeared to have exploded.The fire-damaged car was then struck by another car, according to the incident log. A third vehicle was also involved in the crash, though details were scant.At least one person was left with serious injuries. The CHP described the incident as related to drunk driving, but it wasn't clear if anyone was taken into custody. 744
SAN DIEGO (CNS) - A local realtor who molested two underage girls apologized to his victims during a court hearing Friday, while those speaking on behalf of the victims said they could take solace in the fact that he will likely spend the rest of his life behind bars.Donald Edward Hickey, 62, pleaded guilty last month to five felonies, including lewd and lascivious acts with a child and possession of child pornography for material investigators found on three separate devices.Hickey was initially set to be sentenced to a 25-years-to-life term on Friday, but the hearing was postponed until Sept. 6 so that an interview can be conducted for his probation report, which could affect his future in-custody housing considerations.Prosecutors did not disclose how Hickey knew the victims, but according to Deputy District Attorney Stephen Marquardt, the molestations occurred sometime between 2009 and 2012 in San Diego County. Hickey was arrested last year following a cyber tip sent to the National Center for Missing and Exploited Children.The former Clairemont resident, who worked as a real estate agent out of La Jolla, was found to have ``thousands'' of videos and images of child pornography in his possession, some of which depicted Hickey abusing children.``This defendant not only preyed on these children, but he also memorialized what he did so that he could retain a copy of the real-time abuse of those children,'' Marquardt said.Hickey's attorney, Danielle Iredale, said Hickey was molested by a local man in his neighborhood when Hickey was between the ages of 10 and 12.Hickey told those in attendance, ``I'm sorry for everything that's happened. I take responsibility for it and I hope they do heal from it.'' Despite the postponed sentencing, victims were allowed to speak Friday in case they could not attend Hickey's sentencing next month.One of the girls, identified in court only as Jane Doe 2, said she was working to put the experience behind her, and was working on forgiving Hickey, though ``I am conflicted,'' she said. ``Because I don't know how you came to be the way you are and feel sympathy for your sickness. She said she was nervous about speaking at the hearing, but would regret it if she didn't.``No teenager should be in a situation where they sit down and think about what they're going to say to a pedophile,'' Jane Doe 2 said. ``No parent should have to decide whether or not to tell their child that they have been assaulted. I hate that you put my family in that position.''Jane Doe 1 did not attend the hearing. Her older sister told Hickey that she wanted to attend, but ``was absolutely terrified to see your face.'' The mother of Jane Doe 1 said she ``screamed and cried in absolute agony and devastation'' when she discovered what had happened to her daughter, who she said still suffers from nightmares and trauma, according to her mother.``To find out the ugliness and deception of what you had been doing with my child is almost more than I can bear,'' she said.Hickey will remain in custody without bail until his sentencing hearing. 3096
SAN DIEGO (CNS) - Initial results are expected in the next few days on previously untested rape evidence kits that will help identify offenders who may potentially be linked to other sexual assaults, San Diego County District Attorney Summer Stephan announced Tuesday.Earlier this year, the District Attorney's Office, working with the San Diego County Sheriff's Department, contracted with a private lab, Bode Cellmark Forensics in Lorton, Virginia, to test about 1,000 untested sexual assault kits. So far, 350 rape kits have been sent to the lab for testing, Stephan said.The county's top prosecutor said reducing the backlog of untested sexual assault kits has been a top priority of hers since she took office last July. With the support of San Diego County's chief administrative officer, officials identified about million to go toward the effort of expedited 877