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SAN DIEGO (CNS) - San Diego County will remain in the "red" tier of the state's COVID-19 reopening plan, state officials said Tuesday, citing data on the two metrics California uses to adjust counties.The county is reporting 6.9 new daily cases per 100,000 population, just .1 away from the dreaded "purple" tier, the state's most restrictive. San Diego County is also posting a 3.8% positive testing rate for the novel coronavirus -- well within the lower "orange" guideline of the state's four- tier reopening system.This news comes as somewhat of a surprise after increasing COVID-19 numbers appeared to set the county on a path toward slipping into that most restrictive tier -- which would shutter indoor operations for restaurants, movie theaters, houses of worship and gyms, limit retail businesses to just 25% capacity and have major impacts on indoor business for most other industries until the county can improve its numbers.The county Board of Supervisors met multiple times in the last few days to discuss taking potential action should that happen, including legal action. Gov. Gavin Newsom rejected a county effort Wednesday to discount the more than 800 positive tests recorded by San Diego State University since the semester began.The data released Tuesday did factor in SDSU cases. The push to exclude them was an unlikely gambit in the first place, as SDSU is located in a highly residential neighborhood in the heart of the city."We included the San Diego State University numbers we received in all of our calculations," state Health Secretary Dr. Mark Ghaly said. "We've worked closely with San Diego County over the past, not just last week, but really intensely over the last week to make sure we all understood the data and that we understood where the county landed in the framework. There were no concessions made based on their data. And we looked closely at San Diego State, the same way we do all of the other counties across the state."Despite the good news about remaining in the red tier, Ghaly noted that the county is hovering on the brink of being downgraded. The state rules currently state that a county has to be above one of the two metrics -- daily case rate by population and positive test rate -- for two consecutive weeks before it can be moved. To move down to less restrictive tiers, both of those metrics must be below state guidelines for two consecutive weeks. Should the county be placed in the purple tier, it would have to wait a minimum of three weeks before moving back to less restrictive tiers.Ghaly said San Diego County would stay in red for this week, but he could not make any promises for the week after if case numbers rise again."We certainly see a county that is hovering around that threshold between red and purple, but we continue to have conversations about how we at the state can support San Diego, as well as understanding more and more what San Diego is doing around places like San Diego State University to curtail or limit transmission," he said.To facilitate expanded COVID-19 testing at San Diego State University, the county testing site at Mar Vista High School in Imperial Beach will be temporarily closed through Friday. Testing there will resume Sept. 28.Testing capacity at the SDSU Alumni Center at 5250 55th St. is being expanded from 500 to 1,000 tests a day and will be open to the public, students and university staff. The no-appointment site will offer testing from 8:30 a.m. to 4 p.m. through Friday.As of Monday night, SDSU had reported 880 confirmed or probable cases, including two reports of faculty or staff who have tested positive.The San Diego County Board of Supervisors passed a motion Tuesday to show their support for County Public Health Officer Dr. Wilma Wooten in her efforts to work with the state.The board voted to support Dr. Wooten's effort for "the adjudication and revised reopening criteria to accurately reflect the dynamics of the pandemic in San Diego County."Many of the supervisors felt aside from daily cases of COVID-19, other factors like hospitalization rates, the case rate adjustment factor and special circumstances should be considered before rolling back any progress in reopening.It began with Board Vice Chair Jim Desmond making a motion to write another letter to the governor asking for local control in reopening. After discussion, he changed his motion for the board to back Dr. Wooten to work with the state in revising the criteria.The vote passed 4 to 1 with Supervisor Nathan Fletcher dissenting.Though the vote board showed their support for Wooten and her efforts in working with the state, it's unclear if it will lead to any change.County public health officials reported 348 new COVID-19 infections and no new deaths Monday, raising the region's total cases to 44,925 with the death toll remaining at 760.Of the 6,374 tests reported Monday, 5% returned positive, bringing the 14-day rolling average of positive tests to 3.7%.The seven-day daily average of tests is 8,440.Of the total positive cases reported as of Sunday, 3,418 -- or 7.6% -- required hospitalization and 801 -- or 1.8% -- had to be admitted to an intensive care unit.One new community outbreak in a restaurant was confirmed Monday. From Sept. 14-20, 22 community outbreaks were confirmed.The number of community outbreaks remains above 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 in people of different households over the past 14 days. 5544

SAN DIEGO (CNS) - The San Diego City Council unanimously voted, 9-0, Tuesday to invest more than million in homelessness services and programs designed to curb the city's homeless population.The .1 million allocation of state funding comes from the Homeless Emergency Aid Program, a 0 million block grant designed to help address homelessness throughout California. San Diego Mayor Kevin Faulconer and the mayors of the other so-called Big 11 cities secured a total of 0 million in state funding to address homelessness issues in the state's biggest cities.The city will allocate .8 million for homeless services like housing navigation, .2 million for rental assistance and subsidies, .6 million for the continuation of city services and facilities like San Diego's three bridge shelters and 5,000 each for youth programs and administration costs."Thanks to the advocacy by California's largest cities, we can now implement these critical programs to improve our outreach, expand the range and depth of homeless services including prevention and diversion strategies, and bring creative solutions online to move hundreds of homeless San Diegans off the streets and into housing," said District 3 City Councilman Chris Ward.The funds will be used to expand some existing programs while creating new ones, such as a flexible subsidy pool that offers housing assistance to residents who may not qualify for federal housing vouchers. San Diego's Regional Task Force on the Homeless will also receive a separate .8 million HEAP grant as one of the state's Continuum of Care programs."Homelessness is the issue across our state and cities are bearing much of the burden," Faulconer said. "Our state legislators have recognized that all levels of government need to work together to help our most vulnerable residents. This funding gives us the ability to expand programs that are already working and create new programs that will help people begin to turn their lives around." 2004

SAN DIEGO (CNS) - The San Diego City Council unanimously voted, 9-0, Tuesday to invest more than million in homelessness services and programs designed to curb the city's homeless population.The .1 million allocation of state funding comes from the Homeless Emergency Aid Program, a 0 million block grant designed to help address homelessness throughout California. San Diego Mayor Kevin Faulconer and the mayors of the other so-called Big 11 cities secured a total of 0 million in state funding to address homelessness issues in the state's biggest cities.The city will allocate .8 million for homeless services like housing navigation, .2 million for rental assistance and subsidies, .6 million for the continuation of city services and facilities like San Diego's three bridge shelters and 5,000 each for youth programs and administration costs."Thanks to the advocacy by California's largest cities, we can now implement these critical programs to improve our outreach, expand the range and depth of homeless services including prevention and diversion strategies, and bring creative solutions online to move hundreds of homeless San Diegans off the streets and into housing," said District 3 City Councilman Chris Ward.The funds will be used to expand some existing programs while creating new ones, such as a flexible subsidy pool that offers housing assistance to residents who may not qualify for federal housing vouchers. San Diego's Regional Task Force on the Homeless will also receive a separate .8 million HEAP grant as one of the state's Continuum of Care programs."Homelessness is the issue across our state and cities are bearing much of the burden," Faulconer said. "Our state legislators have recognized that all levels of government need to work together to help our most vulnerable residents. This funding gives us the ability to expand programs that are already working and create new programs that will help people begin to turn their lives around." 2004

SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 3,493 COVID-19 infections as of Saturday and no new deaths, bringing the county's total to 126,465 cases and the death toll remaining at 1,280.Prior to Sunday's report, a record 3,611 COVID-19 infections were reported Friday. The cases surpassed the previous record set one week ago -- 2,867 last Friday -- by 744 new cases.Saturday's total marks the second time the number of daily infections has surpassed 3,000 as well as the 19th consecutive day with more than 1,000 cases and the 12th day overall with more than 2,000 new cases.The top four-highest daily cases have all occurred in the past week, with Wednesday's 2,807 cases, Thursday's 2,604, Friday's 3,611, and Saturday's 3,493.The county on Sunday reported 1,264 hospitalizations of COVID-19 patients and an additional 320 COVID-19 patients in ICUs.There were seven new outbreaks reported, which brings the total number of outbreaks within the last seven days to 40.On Friday, an appeals court stayed a judge's decision to halt enforcement of COVID-19 restrictions against San Diego County restaurants, meaning eateries must again abide by the state's regional stay-at-home order, at least for now.Lawyers for the state filed the emergency challenge to San Diego Superior Court Judge Joel R. Wohlfeil's preliminary injunction, which was issued Wednesday in a lawsuit filed by two San Diego strip clubs Wohlfeil ultimately ruled could remain open.Wohlfeil's ruling also encompassed all restaurants in the county and all businesses that provide "restaurant service."Three justices from the Fourth District Court of Appeals, District One, read and considered the order and stayed the injunction "pending further order of this court." The court ordered any oppositions to the state's filing to be submitted by noon Wednesday, according to an appeals court docket.Lawyers from the state argued that Wohlfeil overreached in his ruling, as no restaurants were parties in the suit initially filed in October by Cheetahs Gentleman's Club and Pacers Showgirls International.County supervisors met in closed session Friday to appeal the ruling made by Wohlfeil Wednesday."The board voted to appeal the order," said County Supervisor Greg Cox. "But the board directed county counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining.""We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there," Cox said.Supervisor Nathan Fletcher concurred."I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume, and I support appealing the entirety of the recent court ruling," he said. "It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining."In the San Joaquin Valley, ICU beds are said to also be full. In Greater Sacramento, the estimate is 14.5% of ICU beds available; in the Bay Area, it's 12.8%.Only Northern California remains outside the Gov. Gavin Newsom-directed stay-at-home order with 21% of ICU beds available. That order applies to regions with fewer than 15% ICU beds remaining.The U.S. Food and Drug Administration has now approved a vaccine developed by Moderna to join the 28,275 Pfizer vaccines already in the region available for civilian acute health care workers.San Diego County is home to 82,623 health care workers toiling in hospital or psychiatric facilities, 39,755 of whom are considered "highest risk" and will first receive vaccines.The 28,000-plus vaccines will cover about 72% of those slated to be inoculated until more vaccines arrive in California. 3820

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

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