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SAN DIEGO (CNS) - San Diego County will remain in the red tier of the state's four-tier COVID-19 reopening plan for at least another week, the California Department of Public Health confirmed Tuesday.The county's state-calculated, adjusted case rate is 6.8 daily infections per 100,000 residents, up from 6.7 the previous week. The unadjusted case rate was 7.2, up from 7 last Tuesday. The adjusted rate is due to San Diego County's high volume of tests, but still leaves the county on the precipice of the state's most restrictive tier -- purple.The testing positivity percentage is 3%, considerably less than last week, and that number would qualify for the third -- or orange -- tier.To remain in the red tier, the county must continue to have an adjusted case rate of less than 7.0 per 100,000 residents and a testing positivity percentage of less than 5%.A new metric the state released Tuesday is the health equity metric, which finds the positivity rate of the county's least healthy quartile. San Diego County's health equity is 5.7%, almost double the county's average positive testing percentage.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by U.S. Census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City.According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier. Wooten said that complicated metric will be explained this week when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.The metric will be used to determine how quickly a county may advance through the reopening plan, San Diego County Public Health Officer Dr. Wilma Wooten said last Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.To advance to the orange tier, the county would need to report a metric of less than 5.3%.The California Department of Public Health will update the county's data next Tuesday, Oct. 20.County public health officials reported 195 new COVID-19 infections on Monday, raising the total to 50,746 cases. The number of deaths in the region from the illness remains at 826.Of the 7,573 tests reported Monday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,424.Of the total number of cases in the county, 3,692 -- or 7.3% -- have required hospitalization and 854 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.One new community outbreak was reported Monday in a restaurant/bar setting. In the past seven days, 46 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. 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.Over the weekend, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom. Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state. 3892

SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego Gas & Electric is requesting that the California Public Utilities Commission waive a state-mandated high usage fee that affected some 105,000 SDG&E customers during the summer months, the utility announced Tuesday.According to SDG&E, the fee causes electricity bills to spike during months when energy use is higher than normal. Customers who used more than 400 percent of their baseline allowance were charged for their high usage and could have saved roughly per month if they had not been charged. The utility have saved roughly per month if they had not been charged.``It was a challenging summer for our customers, particularly for people who experienced dramatic increases in their bills due, in part, to the high usage charge,'' said Scott Crider, SDG&E's vice president of customer services. ``We're committed to doing everything we can to develop proposals that provide some relief to high bills, and we're starting with requesting to eliminate this charge.''RELATED: San Diego Gas & Electric address high power billsSDG&E is also considering eliminating seasonal pricing, paying out the California Climate Credit as a lump sum in August to offset high energy use during summer and conducting a revised baseline allowance study. Those three changes in accordance with the elimination of the high usage fee would deliver significant cost savings to utility customers, according to the company.SDG&E doesn't know when the commission may rule on the request, but the company hopes to get rid of the high usage charge before summer 2019.Residents can also avoid high usage charges by enrolling in one of the utility's time-of-use pricing plans at sdge.com/whenmatters. 1741

SAN DIEGO (CNS) - Police sought public help Tuesday to identify a pair of suspects who robbed two San Diego State University Students at gunpoint just blocks from campus.The students were walking about 1:35 a.m. Monday at Campanile Drive and Dorothy Drive when two men approached and demanded their belongings, according to the SDSU Police Department. One of the suspects was armed with a handgun.The victims complied with the demands and were not injured, according to police, who said the suspects fled in a white, four-door car heading north on Campanile Drive toward Montezuma Road.Both suspects were described as roughly 170-pound black men, one about 5- foot-7 and the other about 5-foot-10. They both wore dark hooded sweatshirts, saggy pants and sneakers.The San Diego Police Department is investigating the robbery, but university police released information as part of a community safety notification.Anyone with information about the crime was asked to call the SDPD at (619) 531-2000. Tipsters who wish to remain anonymous can call San Diego County Crime Stoppers at (888) 580-8477, or online at sdcrimestoppers.org. 1136

SAN DIEGO (CNS) - The San Diego City Council voted unanimously Monday to expand city-imposed curfews on five local parks in North Park, City Heights and near Balboa Park. The vote will establish a midnight-to-6 a.m. curfew at Cedar Ridge Mini Park, Montclair Neighborhood Park, North Park Community Park and North Park Mini Park and a 9 p.m. to 5 a.m. curfew at City Heights Square Mini Park. The council added curfews to the five parks after residents expressed concerns about people breaking the law after-hours on park grounds. The city does not currently have a blanket park curfew, which would make it illegal to be in a park after a certain time, but many of the city's parks generally close at or some time after sunset. Multiple City Council members expressed concern that the curfews could unfairly target homeless residents. North Park, City Heights and areas adjacent to Balboa Park currently have a significant portion of the city's homeless population. "This is about trying to address legitimate public safety concerns," said City Councilman Chris Ward, who represents the district encompassing all five parks. "A huge focus of mine is to make sure that this is not inappropriately used to criminalize homelessness." With the vote, the five parks will join Children's Park, Gaslamp Square Park, Pantoja Park, the Children's Museum Park, Fault Line Park, Cortez Hill Park and the Spruce Street Pedestrian Bridge as public spaces with overnight curfews. 1473