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SAN DIEGO (CNS) - The San Diego City Council voted 5-4 today to extend the rent repayment period for commercial and residential renters to Dec. 30, giving renters who have lost income due to the COVID-19 pandemic a few extra months to repay back rent.Council President Georgette Gomez's initial motion Tuesday would have extended the repayment period for the eviction moratorium to March 31, 2021. Councilwoman Jennifer Campbell amended the motion to the December date as a compromise.On March 25, the council voted unanimously to begin an emergency eviction moratorium for renters. The moratorium requires renters to demonstrate through documentation that the pandemic has caused ``substantial loss of income,'' according to city staff. Renters are also required to follow rules in leases, but landlords cannot evict a tenant for nonpayment due to COVID-19.The moratorium expires Sept. 30. If tenants are in good standing with landlords, they can work out a repayment plan for back rent through Dec. 30, but otherwise things could get dicey for tenants.``We are all in it together,'' Gomez said before discussion of the motion. ``The economy is not fully restored. This is not an ideal policy, but it's a necessity for what we are dealing with.''Gomez represents District 9, which encompasses Southcrest, City Heights, Rolando and the College area. It has also been one of the most impacted areas during the pandemic.According to a member of Gomez' staff -- which gave the presentation on the topic -- the city had started 15,659 rental relief applications using federal Coronavirus Aid, Relief, and Economic Security Act funds. Disbursements from that pool of relief money are scheduled to be handed out in late August or early September. Those funds will go directly to landlords, however, and not renters.Council President Pro Tem Barbara Bry voted no on the motion Tuesday, not because she didn't agree that people needed help paying rent, but because the arbitrary nature of the rental relief program could leave the city open for lawsuits, she said. She added that not enough renters know the impact of not paying rent.``It's a cruel hoax,'' she said. Bry said that by not paying rent on time, tenants could be destroying their credit and leaving themselves with mountains of debt and no place to turn once the moratorium ends.In a public comment period, several dozen San Diegans called in, many urging the council to extend the moratorium -- which was not the motion in front of council -- and many to forgive rent and mortgages outright. About an equal number of landlords called in to urge the council to allow for evictions again, as many said they were paying two mortgages and not receiving income.The repayment plan extension to December will pass a critical few months, including local, state and national elections. On Nov. 3, San Diego voters will select a new mayor and five new members of its City Council -- something that could cause significant shakeup in how the city is run.``I think in three more months we will be able to tell better what the future holds,'' Campbell said. Councilmembers Chris Cate and Scott Sherman were opposed to the extension on legal grounds, as the gap between when the moratorium was passed to the date proposed in Tuesday's initial motion would have been more than a year. They claimed this could cause trouble for landlords trying to evict delinquent tenants or to collect back rent.Because the repayment extension passed with just five votes, it is susceptible to a possible veto by Mayor Kevin Faulconer. A six-councilmember vote would have made it ironclad. 3622
SAN DIEGO (CNS) - Police arrested two people and seized various merchandise from an illegal marijuana dispensary, an officer said today.Narcotics investigators served a search warrant at the dispensary, called Miramar Private Club, around 10 a.m. Thursday, San Diego Police Lt. Matt Novak said in a statement. The dispensary was operating in a building near the intersection of Spectrum Lane and Camino Santa Fe.Police arrested and issued citations to two employees for possession of marijuana for sale and operating a business without a permit.Officers seized six pounds of "high-grade" marijuana, more than 800 pounds of marijuana concentrates and edibles and ,300 in cash, Novak said.They also found information that led to the search of an apartment in Mission Valley, off Reflection Drive north of Friars Road, believed to be associated with the dispensary.There, officers seized an additional three pounds of marijuana, more concentrates and edibles and ,500 in cash.Narcotics detectives will continue to investigate illegally operating dispensaries in San Diego, Novak said."All owners and employees found operating these illegal businesses will be arrested and prosecuted," Novak said in the statement. 1222
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 city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686
SAN DIEGO (CNS) - San Diego County public health officials reported a record-high 1,091 new COVID-19 infections and eight deaths Friday, raising the region's totals to 69,231 cases and 960 deaths.Four women and four men died between Nov. 1 and Nov. 19. Their ages ranged from early 50s to early 90s. All had underlying medical conditions.Friday was the 10th consecutive day more than 600 new coronavirus cases were reported by the county, and the most reported in a single day. On Sunday, 1,087 cases were recorded, 922 were reported Wednesday and 899."The virus is widespread and every element of our community is impacted," said Dr. Wilma Wooten, the county's public health officer. "Now more than ever it is vital that San Diegans avoid gatherings and crowds, wear a face covering when they are out in public and stay home if they are sick."The last seven days have marked the highest daily case counts in San Diego County since the start of the pandemic, with 736 cases reported on Saturday, 833 on Monday and 718 on Tuesday.On Nov. 11, a then-record 661 cases were reported -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Nov. 12.A total of 34,021 tests -- a new record -- were reported Friday and 3% of those came back positive, dropping the 14-day rolling average of positive tests to 4.7%The number of COVID-19 cases in the hospital continues to rise, with 440 currently hospitalized in the county and 127 in intensive care -- nearly double the numbers a month ago.Wooten said Anyone hosting a gathering should keep it small, short and safe.Small meaning gatherings should be limited to a maximum of three stable households. Short meaning the gathering should last two hours or less. Safe meaning that people should stay outdoors as much as possible and wear a face covering when they are not eating or drinking.Of the total number of cases in the county Wednesday, 4,329 -- or 6.3% -- have required hospitalization and 981 patients -- or 1.4% of all cases -- had to be admitted to an intensive care unit.Eleven new community outbreaks were confirmed Friday, three in business settings, three in faith-based settings, two in childcare settings, one in a TK-12 school setting, one in a restaurant/bar setting and one in a gym setting. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.County officials announced Thursday law enforcement will step up COVID- 19 compliance protocols, including education and citations, amid spiking coronavirus cases.Sheriff Bill Gore said Thursday four two-deputy teams will begin making "a full-time commitment" to the county's 18 cities and unincorporated areas, ensuring compliance with public health orders. Several cities have already confirmed they will send officers to assist deputies in their duties, Gore said.The county has issued 52 cease-and-desist orders since Monday, including five Thursday to Alliance MMA and Functional Republic, both in Chula Vista, Crunch Fitness in Serra Mesa, The Element Dance Center in La Mesa and IB Fitness in Imperial Beach. Residents can report egregious violations of the health order on the county complaint line at 858-694-2900 or email SafeReopeningComplianceTeam@sdcounty.ca.gov.Gore said deputies would not be going door-to-door but, rather, follow up on complaints. Education about public health orders will be the first method used, Gore said. Citations could follow."The bottom line is wear those damn masks out there and social- distance," he said.The announcement about increased enforcement measures came on the day Gov. Gavin Newsom announced California counties in the state's "purple" tier will be subject to a curfew prohibiting all "nonessential" activities and gatherings between 10 p.m. and 5 a.m.The "limited Stay At Home Order" applies to all counties in the most restrictive tier of the state's coronavirus monitoring system, purple, which includes Los Angeles, Orange and San Diego counties. The order will take effect at 10 p.m. Saturday and remain in effect until 5 a.m. Dec. 21.California updated its four-tier COVID-19 reopening statistics Monday, with San Diego County among those sinking further into the purple tier of the state's four-tier economic reopening roadmap.The county had a rate of 12.1 new daily coronavirus cases per 100,000 residents, an increase of 2.1 compared to last week. The state-adjusted daily case rate increased to 10.7 per 100,000 population from 8.7 last week.The region has an adjusted rate due to a significant effort to increase the volume of testing. The county officially entered the purple tier and its associated restrictions just after midnight Saturday.San Diego County's rate of positive tests increased from 2.6% last week to 4.3% Tuesday. The health equity metric, which looks at the testing positivity for areas with the least healthy conditions, remained steady at 6.5%.In response to rising cases statewide, Newsom on Monday pushed the vast majority of California counties into the purple tier.With purple-tier restrictions in place, many nonessential businesses were required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums, and cardrooms. 5340