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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) - Power was restored Saturday afternoon for more than 2,000 utilities customers in Mid City who were without electricity for more than five hours.2,216 customers in University Heights, North Park, Normal Heights, Kensington, Talmadge and the College Area lost power just after 10 a.m., according to San Diego Gas and Electric's online outage map.The blackout resulted from a problem with underground electrical equipment that crews were working to repair, according to SDGE spokesman Joe Britton.All customers had their power back on by about 3:50 p.m., Britton said. 591

SAN DIEGO (CNS) - San Diego's utilities future remains undecided after the City Council debated terms for a franchise agreement for its electric and natural gas provider this week.The council was asked Thursday to agree on the terms it was looking for in the agreement for one of the city's most valuable assets, valued at more than .2 billion.San Diego Gas & Electric has been the sole provider of natural gas and electric utility services for San Diego since 1920. The current franchise agreement, finalized in 1970, is set to expire Jan. 17, 2021. San Diego is California's largest city to have franchise agreements with its utilities.The terms, had they been approved Thursday, would have opened the bidding process for any interested entities to bid on the franchise agreement. They were presented to the council for input and did not technically require council approval.In the coming weeks, the city will release the final terms of the bid document, which will include input received from the public and the council, and the bidding process will begin, officials with Mayor Kevin Faulconer's office told City News Service on Saturday.Once bidding is concluded and a franchise is awarded, the agreement will go to the full council, requiring two-thirds approval.Howard Golub, a consultant for JVJ Pacific Consulting, which the city hired to analyze its needs, recommended the minimum bid in the terms should be million -- low enough to encourage bids but not so low the city and its residents are suffocated by high rates and later surcharges with no money back to show for it, he said."This is the floor, not the ceiling," Golub said.Golub also recommended franchise fees of 3.5% for natural gas and 3% for electric and a 20-year term with the bidder the city chooses.SDG&E is owned by Sempra Energy, an international corporation based in San Diego. Warren Buffett-owned Berkshire Hathaway has expressed interest in the bidding process.An initial proposal by Council President Georgette Gomez was rejected 6-3. It included a provision similar to that of Chula Vista, with a 10-year deal with an automatic renewal if the franchisee had been a "good partner."An amendment by Councilwoman Monica Montgomery raised the minimum bid from the 1% of total value of million to 5%, or 0 million. It also included a climate equity fund and the provision to make the highest bidder subject to collective bargaining from employees who were working for SDG&E -- in case that company does not win the bid."We can't be working toward a just climate future if our partner undermines that," Gomez said.Councilwoman Jennifer Campbell then proposed terms to accept all of JVJ's recommendations with the option to "explore" the climate equity fund. This failed 5-4, with multiple council members switching votes during discussion as amendments were added and removed.Councilman Chris Cate asked for a provision to see and consider all bids for the franchise agreement regardless of the bid offered -- dependent on how closely each bidder met the city's terms.Councilwoman Vivian Moreno said the lack of concrete plan to establish and fund the climate equity fund -- which she said would be funded by the minimum bid and would add "green" elements to portions of the city often underserved -- was automatically unacceptable for her.The council's lack of consensus prompted some speculation about the possibility of municipalizing the city's gas and electric services."I recommend a franchise agreement first," Golub said. "And if that's not feasible, move to a publicly owned utility."High interest rates in 1970 prevented the city from seriously examining that route, but much lower interest rates now make a public-owned utility more feasible, Golub said.According to valuations by business process management company NewGen, the city could buy out SDG&E's infrastructure at a fair market rate of just over billion.According to Golub's recommendations, the city should not do what it did in 1970 -- accept a franchise agreement it wasn't happy with because SDG&E was the sole bidder.More than 80 members of the public called in to the meeting to express support for a franchise renewal of SDG&E or for municipalization.The callers were fairly evenly split, with many of the calls in support of extending the existing franchise agreement with SDG&E coming from employees with the company or those representing the International Brotherhood of Electrical Workers local representing SDG&E workers.They claimed maintaining jobs, 100 years of history with the city and "keeping it local" as reasons to renew the franchise as soon as possible for 20 years or more.Opponents to moving any franchise agreement forward claimed SDG&E's perceived lack of reliability, its high utility costs and its parent company's involvement in fracking are all reasons to avoid franchising with SDG&E.Some of them made impassioned pleas to municipalize the city's gas and electric, essentially making the city take on the burden of providing the utilities.One man urged the council to vote no and do further study on the potential of municipalization and the ramifications of not doing so."When this goes sideways, and it will, you can't say you didn't know," he said. 5295

SAN DIEGO (CNS) - San Diego County health officials have reported 558 new COVID-19 cases and no new deaths, raising the region's totals to 19,929 cases and the death count remaining at 422.Of the 8,505 tests reported Saturday, 7% were positive new cases. The 14-day rolling average for positive tests is 6.1%. The target is less than 8%. The 7-day daily average of tests is 7,853.Of the total positive cases, 2,036 or 10.2% have been hospitalized and 535 or 2.7% of cases have been admitted to an intensive care unit.Two new community outbreaks, one in a healthcare setting and the other in a restaurant-bar, were reported Saturday, bringing the total over the past week to 18, more than double the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and people from different households.More than 75% of the community outbreaks have been traced to restaurants and bars, and 45 community outbreaks remain active, tied to 137 cases of COVID-19 as of Wednesday's data.An additional 23 outbreaks have been traced to skilled nursing facilities and 27 to other nursing facilities.A record-high 578 cases, a 10% positive test rate and 12 deaths were reported Tuesday.A new daily high of 38 COVID-19 positive patients were hospitalized in Wednesday's data, and about 136 of every 100,000 San Diegans are testing positive for the illness, well above the state's criterion of 100 per 100,000. Total COVID-19 hospitalizations have inched up over the last several weeks, said Dr. Wilma Wooten, the county's public health officer."The pandemic is not over," Wooten reminded county residents last week. "The disease is still widespread in our community, as evidenced by the rising cases."Despite the numbers, some local leaders believe San Diego County should have the authority to open its businesses. County supervisors Kristin Gaspar and Jim Desmond and San Diego City Councilman Chris Cate sent a letter to Gov. Gavin Newsom Wednesday evening, asking the governor to rescind orders to shutter indoor business in multiple industries -- including bars, restaurants, museums, cardrooms, zoos and theaters."This statewide one-size-fits-all approach to closing entire business sectors is misguided as evidenced by the many sectors in San Diego forced to close their doors again despite not having contributed at all to the rise in our local cases. As such, we are requesting the review of our county's data to take place as soon as possible, thereby allowing San Diego businesses to reopen if appropriate," they wrote in the joint letter."It is time to give local control of this public health emergency to the elected leaders and clinical team closest to the people so that we can begin community specific healing based on local data. We are confident that San Diego County is well-positioned to serve as a model in this effort," the letter said. 2914

SAN DIEGO (CNS) - The Board of Supervisors today extended a state of emergency over a hepatitis A outbreak in San Diego County that has killed 20 people, amid a declining number of new cases.Health officials told the supervisors at a special meeting that the drop in case numbers is a sign that efforts to fight the outbreak are working.RELATED: Governor Jerry Brown declares state of emergency over Hepatitis A outbreakThey stressed the need for the county to continue vaccination, prevention and educational efforts that have been put in place since the emergency was declared in September. There were 31 confirmed cases of hepatitis A last month, compared to a peak of 94 cases in August.There have been 544 cases as of Monday in the nearly year-old outbreak, an increase of 28 cases since data was last released on Oct. 24, according to Dr. Wilma Wooten, the county's public health officer.She said some of those 28 cases include ones from as long ago as April that were newly confirmed by the U.S. Centers for Disease Control and Prevention. Due to the disease's long incubation period, there could potentially be more confirmed cases from October. Wooten said the initial decline is a good sign, but not a reason to declare victory."We could potentially have a second peak," she said. "That's why it's very important for us to continue our vaccination efforts."In San Diego, nearly two-thirds of the victims have been either homeless, users of illicit drugs or both. Much of the county's efforts have focused on those populations, but Wooten said an outbreak in Michigan that has affected men who have sex with men underscores the importance of targeting that community here.Local efforts include holding vaccination events at LGBT centers and distributing educational information to clinics that serve that community, she said. Around .5 million has been spent by the county to fight the spread of the disease, including administering over 90,000 vaccinations and spreading awareness among the public, according to county documents.Hepatitis A is usually transmitted by touching objects or eating food that someone with the virus has handled or by having sex with an infected person.The disease doesn't always cause symptoms, but for those who do, they could experience fever, fatigue, nausea, loss of appetite, yellowing of the eyes, stomach pain, vomiting, dark urine, pale stools and diarrhea, according to the HHSA.The county and city of San Diego have taken several steps to address the outbreak, including the spraying of a sanitizing formula on streets and sidewalks, the placement of portable hand-washing stations and restrooms in areas where the homeless congregate, and the stepped-up immunization campaign. 2740