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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 second 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, indicating things may be improving locally with regard to the pandemic.If the case rate -- which was 96.5 per 100,000 people on Thursday -- stays below 100 on Friday, the county will officially be off the state's monitoring list. After an additional 14 consecutive days below that number, some schools with students in grades 7-12 could potentially reopen for in- person teaching, depending on individual school district metrics. Theoretically, if current trends continue, students could be in school by Aug. 28.Additionally, 48 elementary schools have filed waivers with the county to return to school early.While signs look positive for the region, County Supervisor Nathan Fletcher warned county residents against getting complacent."We are seeing progress, but we are in the middle of a marathon, not a sprint to the finish line right in front of us," he said Thursday. "Our goal is not just to have the rate of cases fall below 100 per 100,000, but to keep it there."State mandates on which businesses are allowed to have indoor operations would not change, Fletcher said, until the county gets more information from Gov. Gavin Newsom's office. No other businesses can reopen after the 17 days unless the state provides further guidance.San Diego County public health officials reported 266 new COVID-19 cases and seven deaths Thursday, raising the county's totals to 33,659 cases and 615 deaths.Of the deaths reported thus far during the pandemic, 96% had some underlying medical condition. According to Dr. Wilma Wooten, the county's public health officer, the leading underlying causes which helped contribute to death were hypertension, diabetes, heart disease, dementia/Alzheimers and chronic kidney disease.Of the 8,020 tests reported Thursday, 3% returned positive, lowering the 14-day positive testing rate to 4.6%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,972 daily and the county has reported 698,881 tests since the pandemic began.Of the total positive cases in the county, 2,809 -- or 8.3% -- have required hospitalization since the pandemic began, and 699 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported two community outbreaks Thursday, bringing the number of outbreaks in the past week to 22.The latest outbreaks were reported in a food processing facility and a business, 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. An outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.There are 59 active community outbreaks in the county tied to 1,389 cases and 11 deaths.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 Wednesday at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it, saying its hours would expand Thursday.The free testing site will now 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."Fletcher said Tuesday that the county's partnerships with its 18 incorporated communities were allowing law enforcement to step up efforts to punish egregious violators of public health orders.A visit from county staff is the first action used, followed by a cease-and-desist order and then an order to close. If an entity refuses to close after that order, it will be cited and fined ,000 -- as University Heights gym Boulevard Fitness was on Tuesday, Fletcher said."The selfish defiance of the public health orders only hurts those acting in good faith," he said. "This is not out of a desire to be punitive." 4673

SAN DIEGO (CNS) - A woman who had more than three times the legal blood-alcohol limit when she crashed her SUV head-on into another vehicle while driving her three young daughters through Rancho Bernardo pleaded guilty Friday to felony child abuse and drunk driving charges. Mayra Alejandra Troncoso, 30, had a .29 percent blood-alcohol content when she drove on the wrong side of Camino del Norte on Nov. 12, 2018. Her SUV crashed head-on into an oncoming 2011 Jeep Liberty, causing severe injuries -- including a skull fracture and a brain bleed -- to her 9-month-old daughter, who was riding unrestrained. The defendant's 2-year-old daughter suffered facial injuries and her 8-year-old child broke a bone. The 57-year-old driver of the other car suffered broken bones, authorities said. RELATED: Mother and children injured in wrong way DUI crash in Rancho BernardoTroncoso was arrested the day after the collision at Palomar Medical Center. Prosecutors say that at the time of the crash, she was on probation and driving on a suspended license due to a 2017 North County DUI, in which she also crashed with at least one of her children in the vehicle. Troncoso is slated to be sentenced on Sept. 23. 1211

SAN DIEGO (CNS) - A stabbing at a College Area bus stop left a man badly injured Friday, authorities reported.The 50-year-old victim was waiting for a bus in the 6900 block of El Cajon Boulevard when the assailant approached and began arguing with him shortly before 11:30 a.m., according to San Diego police.The quarrel ended when the stranger pulled a knife and stabbed the other man in the arm, then fled on foot, Officer Tony Martinez said.Patrol personnel applied a tourniquet to the victim's bleeding arm and performed CPR on him prior to the arrival of paramedics, who took him to a hospital for treatment of serious but apparently non-life-threatening trauma.Witnesses reported that the assailant -- described as a heavyset, heavily tattooed man in his 20s or 30s, wearing a red shirt and black bandana- style mask -- left the area eastbound and appeared to enter a nearby motel, police said. He remained at large in the early afternoon.It was unclear what sparked the argument between the two men. 1014

SAN DIEGO (CNS) - A San Diego City Council committee signed off Thursday on the proposed sale of a vacant city-owned property on Cortez Hill to a nonprofit agency for less than ,000 to create more than 100 units of affordable housing.The .4-acre property at 1449 Ninth Ave. was most recently the site of the now-vacant Cortez Hill Family Center, which housed homeless families.The City Council's Land Use and Housing Committee unanimously approved the proposal to sell the property for ,593 to Community Housing Works, which develops, rehabilitates, preserves and operates affordable apartment communities in San Diego and throughout the state.The sale will now move to the full City Council for consideration.According to a staff report, the low price is justified because "the property sale furthers the public purpose of providing low-income rental housing for 55 years, the number of affordable housing units will be increased, and the city will be relieved of administrative costs and liabilities associated with managing and maintaining the property."Councilman Chris Ward, the committee's chairman, said the building has served an important role, and he's grateful to Community Housing Works for proposing to create a net affordable housing gain."We are eager to get started and to keep working," said Mary Jane Jagodzinski, Community Housing Works' vice president of housing and real estate development.The proposal calls for Community Housing Works to demolish the existing three-story structure and its 48 units and build anywhere between 75 and 110 units, at least 44 of which would be for people or families making 30% or less of the Area Median Income. The other units would be available to people making between 30 and 80% of the region's AMI. The property would also have up to three manager units.The city acquired the property -- formerly a Days Inn hotel -- in 2001 for transitional housing for homeless families. The San Diego Housing Commission administered homeless services at the facility from 2010 until last year, when nonprofit homelessness services provider Alpha Project took over.The building was vacated by families in April after the city opened Operation Shelter to Home at the San Diego Convention Center for those experiencing homelessness during the COVID-19 pandemic. The rest of the people at the city's transitional homeless shelters -- such as Cortez Hill -- were shuffled to central locations to allow for easier tracking of the virus and to prevent spread of the illness.Alpha Project vacated the building on May 8 and the city officially declared the property "surplus" on May 19.The city's sale is contingent on the development of affordable housing on the property. According to city documents, it will be exclusively restricted to low-income rental housing. The San Diego Housing Commission will monitor the property's affordable restrictions. 2902