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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) - County health officials reported 253 new COVID-19 cases and three new deaths Sunday, raising the region's totals to 38,300 cases and 682 deaths, as some local businesses prepared to re-open indoor operations Monday.Three men in their 80s died. All three had underlying medical conditions.Of the 5,360 tests reported, 5% returned positive. This is one of the two criteria now being used by the state to loosen or tighten restrictions on activities.The 14-day rolling average of positive tests is 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,775.Of the total positive cases, 3,099 -- or 8.1% -- have required hospitalization since the pandemic began, and 750 -- or 2% -- were admitted to an intensive care unit.County health officials reported two new community outbreaks as of Saturday, bringing the number of outbreaks in the past week to 19. One outbreak was in a health care setting and one in a business setting.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 daysGov. Gavin Newsom released a new state system Friday that sorts counties into one of four tiers based on the extent of the area's COVID-19 outbreak,Restaurants, places of worship, movie theaters and museums will be allowed starting Monday to maintain up to 25% occupancy or 100 people -- whichever is less. Gyms may operate with 10% occupancy. Hair salons, barbershops and nail salons may operate indoors with normal capacity.Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that indicate retail businesses are to be restricted to 50% occupancy.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.Wooten said San Diego County had made it to "tier 2," the only county in Southern California to earn that designation. The county still has a "substantial" COVID-19 presence, but unlike Orange, Riverside, Los Angeles and Imperial counties it is not considered "widespread."The two metrics the state was monitoring in that tier list include an old one -- the percentage of positive tests -- and a new one -- the number of daily new cases per 100,000 people. San Diego County is at 3.8% and 5.8 per 100,000 respectively. To make it to the next tier, the county must show rates of between 2% and 4.9% positive tests and between 1 and 3.9 new daily cases per 100,000 population.Because the county currently exceeds one of those numbers, it cannot start its path to the next tier.County Supervisor Nathan Fletcher said he felt the county was moving too quickly to reopen and should take a more measured response."My concerns are with the size, scope and speed of what is being reopened on Monday," he said. "While there are some lower risk entities that could safely reopen at this point, what we are doing is very similar to what we did in June with a large segment of indoor operations all opening at the same time. This led to a large increase in cases and required new restrictions."But even though I prefer a different path, the decision has been made and I will continue to work tirelessly to help us find a way to slow the spread, support our schools, and continue to help our community through this difficult time," Fletcher said.According to Wooten, there is a 21-day mandatory wait time before any county can move between tiers, and a county must meet the metrics for the next tier for two straight weeks. Also, a county may only move one tier at a time. 3777

SAN DIEGO (CNS) - Attempted murder, kidnapping, child abuse, child abduction, criminal threats and burglary charges have been filed against a man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside, the San Diego County District Attorney's Office announced Friday.Robert Brians is being held without bail on suspicion of driving into the water last Saturday morning with his 2-year-old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.Brians, 47, is slated to be arraigned Monday afternoon via video conference at the San Diego Central Courthouse on the 13-count complaint.RELATED: Police: Man drives off Sunset Cliffs with twin daughters in truckAbout 4:30 a.m. last Saturday, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via "numerous calls and texts ... clearly stating she may not see (them) again," according to the GoFundMe.com page created Sunday.He allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.RELATED: Fundraiser to help toddlers involved in Sunset Cliffs crashMoments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening.RELATED: Officer rescues toddlers after father drives off Sunset CliffsThe GoFundMe page has raised over ,000 since its creation. 2117

SAN DIEGO (CNS) - A Tijuana man and his three adult children were indicted by a federal grand jury for allegedly smuggling hundreds of illegal immigrants across the border for profit, the U.S. Attorney's Office announced Friday.Luis Antonio Mendez-Brahan, 55, remains at large, but his children, Christopher Mendez, 28, and Wendy Monserrath Mendez, 24, both of Wasco in Kern County; and Nancy Jacqueline Suarez, 31, of Madera, were arrested at their homes on Thursday, prosecutors said.Mendez-Brahan is accused of leading the smuggling scheme for nearly a decade, which allegedly operated near the Tecate Port of Entry and "used an ever-changing cadre of spotters, guides and drivers" to move "hundreds of illegal aliens into the United States."Mendez-Brahan is accused of charging between ,000 and ,500 for each person smuggled into the U.S., while his children allegedly used family members in both countries to move the money. Border Patrol investigators tracked financial transactions between Mendez-Brahan's children in the U.S. to money service businesses in Tijuana, according to prosecutors.The four family members are each charged with conspiracy to bring in illegal aliens for financial gain, to transport illegal aliens and to conduct financial transactions with proceeds of specified unlawful activity. Mendez- Brahan is additionally charged with five counts of bringing in aliens for financial gain.His three children made their first appearances in San Diego federal court on Friday. 1509

SAN DIEGO (CNS) - A man suspected of fatally shooting the mother of his infant son along with the child's grandmother at the women's Otay Mesa home over the weekend has been found dead of an apparent self-inflicted gunshot wound in Baja California, authorities said Tuesday.Mexican authorities found the body of 31-year-old Justice Love Peace in a vehicle on Monday, according to San Diego police. His death is believed to have been a suicide.Peace, also known as Jeremiah Alfred Horton, allegedly killed 37-year-old Elizabeth Stolz and her 65-year-old mother, Debora, during a custody dispute that erupted Sunday after he arrived at their residence in the 4300 block of Ebersole Drive to pick up the baby for visitation."This appears to be a tragic case of domestic violence," San Diego Police Lt. Matt Dobbs said.Officers responding to a report of a loud disturbance and gunfire found the women mortally wounded and the child gone.Peace, who was married to another woman, dropped his son off with his wife at her Rolando-area home before fleeing to Mexico, according to police.The child has been placed in protective custody at Polinsky Children's Center, a county-run shelter in Kearny Mesa. 1202