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SAN DIEGO (CNS) - State data has landed San Diego County in the most restrictive tier of the state's COVID-19 reopening plan, meaning nonessential businesses have two days to prepare for the regression.Dr. Wilma Wooten, the county's public health officer, said the restrictions associated with the purple tier will go into place just after midnight Friday."These are the results of our individual actions and behaviors that assign us to a tier," she said.Many nonessential businesses will be 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. Amusement parks, and live audience sporting events are closed. Bars, breweries and distilleries will be able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers will be able to remain open with 25% of the building's capacity. No food courts will be permitted.Schools will be able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work only.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities. #SanDiego officially back in state’s most restrictive, purple #COVID tier. The following restrictions will take place this Saturday, at midnight. @10News pic.twitter.com/qu1WIr6rT1— Vanessa Paz (@10NewsPaz) November 10, 2020 San Diego County is far from the only jurisdiction sliding backward. San Diego County Supervisor Nathan Fletcher said Tuesday that 11 counties in California were preparing to move to more restrictive tiers. He said it was likely cases would continue to increase for weeks, even after the purple tier restrictions."Slowing the spread of COVID is like turning an aircraft carrier, it's not a jet ski," he said.Fletcher also announced the county would give 40,000 masks to law enforcement officers and encouraged law enforcement agencies throughout the county to step up enforcement.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents. In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.Dr. Mark Ghaly, the state Health and Human Services secretary, gave credit to San Diego County for its efforts."With every county ... we're always in close dialogue. I myself talk to many counties every day, whether it's their public health leaders, their elected leaders -- answer questions, hearing perspectives, hearing viewpoints and trying to relate and express our level of concern," Ghaly said Tuesday."But it also always comes with a hand of support, a hand of interest in trying to figure out what is the next thing we can do, what is the current state of affairs, and that goes for San Diego as well," he said. "I commend the leadership there, up and down from their board to the number of people in their public health department and throughout the county who are really going to tremendous effort to not just keep things open but first and foremost to pay attention to transmission, to recognize that this is a serious and, you know, deadly situation for many and we want to do what we can to reduce transmission."According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases continues to climb, the testing positivity rate for the region continues a decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case numbers to determine where counties stand.San Diego County health officials reported 483 new COVID-19 infections and seven deaths Tuesday, raising the region's total to 61,053 cases and 915 deaths.Of the tests reported Tuesday, 5% returned positive, raising the 14- day rolling average of positive tests to 3.5%.Of the total number of cases in the county, 4,084 -- or 6.7% -- have required hospitalization and 944 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.Five new community outbreaks were reported Tuesday, one each in a restaurant/bar, grocery setting, retail setting, TK-12 school and a business setting. Over the previous seven days, 39 community outbreaks were confirmed. 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. 5538

O (CNS) - On Monday the City Council will discuss and possibly approve spending .8 million so the San Diego Humane Society can take over the city's animal service needs in the upcoming fiscal year.   RELATED: Future of animal services in San Diego up in the airSan Diego County has provided animal services to the city since 1971, but the Board of Supervisors notified the city in May that it will explore outsourcing county Department of Animal Services duties in the fiscal year that begins July 1. As such, San Diego officials are rushing to figure out how to 626

SAN DIEGO (CNS) - The California Supreme Court on Monday upheld the conviction of a death row inmate found guilty of hiring another man to shoot and kill his fiancee in Alpine 20 years ago.Michael William Flinner applied for a life insurance policy for 18-year-old Tamra Keck, then arranged for his former employee, Haron Ontiveros, to kill her on June 11, 2000, according to the ruling.The killing occurred shortly after Flinner met Keck and began dating her.According to the ruling, Flinner named himself as the beneficiary in the insurance policy, and falsely alleged Keck was an employee at his landscaping business whose death would cause him to suffer financially. Prosecutors alleged Flinner arranged for Ontiveros to meet with Keck at a gas station, then direct her to his car in a nearby cul-de-sac under the guise of having engine trouble. Once there, he shot Keck in the back of the head.Separate juries convicted Flinner and Ontiveros of murder and conspiracy and found true special circumstance allegations of killing for financial gain and lying in wait. Jurors recommended capital punishment for Flinner and life imprisonment without the possibility of parole for Ontiveros.In the appeal, Flinner's counsel alleged his case was adversely affected by issues that included limited access to defense counsel, which was allegedly restricted by Flinner's relocation from the downtown San Diego jail to the jail in Vista. Flinner's defense attorney at the time claimed the distance to Vista and other limits on telephone communication would hurt the defense's preparation for trial. According to the ruling, the relocation was implemented because Flinner obtained the home addresses of the prosecutor and trial judge through another inmate.The state Supreme Court found the claims had no merit, as the trial court permitted increased communication between Flinner and the defense team at the defense's request.Another claim alleged juror misconduct by one panelist who sought to write a book about the trial. Flinner's counsel alleged her objectivity may have been compromised as a result. The state Supreme Court disagreed, though it noted the juror had made misconduct claims about other panelists, which the high court also ultimately ruled were unfounded. 2276

SAN DIEGO (CNS) - San Diego City Councilman Chris Cate urged prosecutors Friday to take a zero-tolerance stance on predatory scams involving fraudulent checks, particularly amid the COVID-19 pandemic when people may be especially susceptible to fraud.In a letter sent Friday to California Attorney General Xavier Becerra, the councilman suggested removing the possibility of prosecuting Penal Code 476 -- which makes creating or passing a fake check a crime -- as a misdemeanor, increasing the fine amount and maximum jail sentence for those found guilty, and assigning additional Department of Justice resources to investigate check fraud complaints.The councilman wrote that scams in the form of fake check deposits "are becoming widespread in Southern California and are causing our most vulnerable to lost thousands of dollars they cannot afford."Cate said one such fraudulent check was recently received by one of his staff members, which appeared authentic and bore the name of a "legitimate financial institution."He said he worried that with high unemployment rates amid the pandemic, people would be more likely to fall prey to scams of this sort."Taken as a whole, these measures will send a clear message to those who would attempt to prey on the most vulnerable and susceptible in our society that California stands with consumers and will not tolerate this fraudulent conduct," Cate wrote.A copy of Cate's letter, which features examples of a fraudulent check and typical accompanying letter from a supposedly legitimate company, can be viewed at https://www.sandiego.gov/sites/default/files/predatory_check_scam_enforcement.pdf. 1650

SAN DIEGO (CNS) - The San Diego City Council voted Monday to place two ballot measures on the March 2020 ballot, including a hotel tax hike that would fund a convention center expansion, homeless services and infrastructure improvements.The tax increase proposed by San Diego Mayor Kevin Faulconer would raise the city's transient occupancy tax from 10.5% to as high as 15.75% in certain areas of the city, which supporters argue would reap an estimated billion over 42 years.The funding would allow the city to purchase a parcel of land adjacent to the convention center that is currently owned by Fifth Avenue Landing. Once it purchases the land, the city would expand the convention center by roughly 400,000 square feet, from roughly 800,000 square feet to about 1.2 million square feet.RELATED: Hotel tax increase proposed for San DiegoThe land cost is expected to be roughly million, part of an estimated allocation of .5 billion for the purchase and convention center upkeep and marketing. Roughly .8 billion of the initiative's remaining revenue would fund the city's homeless services and shelters, while 1 million would be allocated for repairs to the city's network of roads."This is a measure that is being supported by the lodging industry and is willing to tax its own customers to ... help support homelessness in our community and to help with our infrastructure," San Diego Tourism Authority COO Kerri Kapich said.Voter rights groups and several council members urged that the measure be placed on the November ballot in lieu of the March primary ballot, when turnout is expected to be lower. The council ended up voting 5-4 in favor of placing the measure on the March ballot to ensure it goes in front of voters as soon as possible.RELATED: San Diego city council approves .9 billion homelessness planThe council also unanimously voted to place a measure authored by City Councilman Scott Sherman on the March ballot that would shift the responsibility for the city auditor appointment process from the mayor's office to the council's Audit Committee. Currently, the mayor appoints a city auditor candidate to serve a 10-year term."The city auditor is vital to holding city administration accountable and ensuring taxpayer dollars are spent properly," Sherman said in a statement. "The administration shouldn't be in charge of choosing who is overseeing the administration. This ballot measure will help ensure this important position is truly independent."Under the proposed measure, the Audit Committee would recruit and choose three candidates for the city auditor position. The council would then choose one of the three candidates to serve as the city auditor for a pair of five-year terms.Since the position was established in 2009, the city has only had one official city auditor, Eduardo Luna, who served nearly all of his term before leaving for a similar position with the city of Beverley Hills in October 2018.Sherman, the Audit Committee chair, proposed the measure after Faulconer appointed DeeDee Alari, a deputy director in the city treasurer's office, to the position in July. Alari has yet to be confirmed. 3167