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SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

SAN DIEGO (CNS) - For the fifth day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people -- however, the state said it will have to review the data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people (it was 91.9 Sunday) for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Some 48 elementary schools have filed waivers with the county to return to school early.That timeline is now uncertain, as are the specifics of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials on Sunday reported 334 new COVID-19 cases and no new deaths as of Saturday, raising the county's totals to 34,678 cases, with the death toll remaining at 626.Of the 7,047 tests reported, 5% returned positive, maintaining the 14- day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.Of the total positive cases in the county, 2,856 -- or 8.2% -- have required hospitalization since the pandemic began, and 715 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported three new community outbreaks, bringing the number of outbreaks in the past week to 24. The latest outbreaks were reported in a business, a restaurant and a restaurant-bar, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating last week at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily." 3073

SAN DIEGO (CNS) - County Supervisor Nathan Fletcher and the University of San Diego launched a small business accelerator program Monday for the communities of Chollas, City Heights, Encanto, Linda Vista, Rolando and Redwood Village.The Innovate-Up program will leverage roughly .5 million in resources from the county and USD to support and invest in local businesses.The program is funded in part by a 0,000 grant from the county to USD's Brink Small Business Development Center.Starting later this month, Innovate-Up will begin hosting free weekly workshops to offer one-on-one consulting and small group meetings between small business owners and industry leaders, county staff and USD faculty.RELATED: City of San Diego's 10 steps to launching a small business or startupAt each meeting, business owners will learn about how to bid on local government or university contracts, branding and marketing, how to attract seed money and how to certify a business as veteran-owned, women-owned or minority-owned.``Innovative products and new technologies don't just come from people living in Silicon Valley; I believe we have that same caliber of an entrepreneur living in Encanto, Chollas, City Heights, Rolando, Redwood and Linda Vista,'' Fletcher said. ``Innovate-Up will cultivate our homegrown talent, and help them to make a lasting impact on their community.''The first Innovate-Up workshop is scheduled for Aug. 22 at the Malcolm X Library. Small business owners can find a full list of Innovate-Up workshops and sign up for them at innovate-up.com/events. Program organizers can also be contacted at 619-260-4547 or info@innovate-up.com. 1658

SAN DIEGO (CNS) - Alaska Airlines launched its first flight to Cancun from San Diego International Airport Friday and will start flights to Fort Lauderdale Saturday.The winter seasonal service to Cancun marks the first time SAN has offered nonstop service to the Mexico resort destination in more than a decade. It's the first time Alaska Airlines will offer nonstop service from San Diego to Fort Lauderdale."Nonstop service to Cancun is something our region has wanted for some time and flights to Fort Lauderdale are appreciated by those seeking additional access to leisure and business opportunities in South Florida," said Kimberly Becker, the San Diego County Regional Airport Authority's president and CEO. "We are happy to add these routes to our list of nonstop destinations and would like to thank Alaska Airlines for their investment in SAN during this dynamic time."Flights to Cancun International Airport will operate four times weekly until April 12. Flights to Fort Lauderdale/Hollywood International Airport will operate three times weekly. 1065

SAN DIEGO (CNS) - A man accused of fatally stabbing a 65-year-old clerk inside an adult bookstore in the Midway District pleaded not guilty Friday to felony murder charges that could lead to the death penalty if he's convicted.Shaun Ward, 39, was non-responsive and kept his head down during his arraignment. He was ordered held without bail in the death of 65-year-old Diane Spagnuolo.Ward refused to answer questions from Judge Maureen Hallahan about his true name or date of birth.The judge read Ward his constitutional rights and his attorney entered the not guilty plea for him.Ward was charged with murder and special circumstance allegations that the murder was committed during a robbery and that the murder involved the infliction of torture.District Attorney Summer Stephan will decide later if Ward will face life in prison without the possibility of parole or capital punishment if he's found guilty.The victim was found dead inside the X Spot Adult Store on Midway Drive on Monday afternoon, according to San Diego police. Ward was arrested late that night at a residence in San Diego.A surveillance camera in the adult shop captured images of Ward prior to the slaying, reported about 12:45 p.m., police said.Ward will be back in court Nov. 14 for a status conference. 1290