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SAN DIEGO (CNS) - Restaurant chain Tapioca Express has agreed to pay more than 0,000 to settle a federal sexual harassment lawsuit involving two franchises in Chula Vista and National City, where the owner was accused of making unwanted sexual advances toward young female employees, the U.S. Equal Employment Opportunity Commission reported Monday. Tapioca Express will pay 2,500 due to the unidentified restaurant owner's conduct toward Filipina employees between the ages of 17 and 23, according to the EEOC, which reported the harassment involved "repeated and unwanted comments of a sexual nature and physical contact," which led some employees to quit their jobs. The EEOC did not specify how many employees were harassed, but alleged that a written complaint did not lead to any changes regarding the harassment. "We commend the young women for coming forward to shine a light on the harassment to which they were subjected," said Christopher Green, director of the EEOC's San Diego office. "Their strength may give courage to other young people or those in the Asian American and Pacific Islander community who may be suffering harassment or discrimination in the workplace to come forward as well."In addition to the settlement money, Tapioca Express will hire an "external monitor" to review sexual harassment policies and procedures and establish a complaint procedure for employees. Anti-sexual harassment training will also be provided to all employees. "Harassment remains a persistent problem in the workplace, which must be addressed top-down in any company," said Anna Park, regional attorney for EEOC's Los Angeles district office. "We are encouraged by the steps Tapioca Express has taken to resolve this matter and the measures it has put in place to prevent workplace harassment and discrimination." 1834

SAN DIEGO (CNS) - The father of two children who died in a Rancho Bernardo condominium fire fell asleep while drunk with a lit cigarette in his hand and then abandoned his kids to try and save himself, a prosecutor said Tuesday, while a defense attorney told jurors that a defective cell phone was a far more likely ignition source. Jurors heard final summations, then began deliberating the charges against Henry Lopez, 39, who is charged in the Oct. 28, 2017, deaths of his 7- year-old daughter Isabella and 10-year-old son Cristos. He faces up to 14 years in prison if convicted of involuntary manslaughter, child endangerment and reckless fire starting. Deputy District Attorney Kyle Sutterley alleges that Lopez got drunk following an argument with his girlfriend, fell asleep and ignited a blaze in his bed. The prosecutor alleges that Lopez, upon waking to find the condo ablaze around 3:15 a.m., went past the children's bedrooms on his way down the stairs and punched out a first-floor window to try and escape the flames. He then went back upstairs and started pounding on the walls, then passed out from the smoke at the top of the stairs, where firefighters later found him, Sutterley said. According to the prosecutor, Cristos walked into his father's burning bedroom, laid down on the floor and died of burns to more than 80 percent of his body. Isabella went into her brother's room, laid down on the bottom bunk bed and ``fortunately never woke up'' after passing out due to smoke inhalation, Sutterley said. ``A parent has a responsibility to care for their children, a responsibility to protect their children, and if need be, to sacrifice themselves for their children. And Henry Lopez, on Oct. 28, 2017, he failed his children, and as a result, one of them burned to death, and one of them went to sleep and never woke up,'' Sutterley said in his closing argument. Defense attorney Paul Neuharth Jr. alleges it was more likely that his client's iPhone 6 caused the blaze while it was charging beneath Lopez's pillow. Neither cigarette butts, nor the phone, were found in the remnants of the blaze. Sutterley said investigators located a drinking glass within the area where the fire started, which may have been used as a makeshift ashtray. Prosecutors say a similar glass full of around 75 discarded cigarette butts was located in a trash can in the home's garage. However, no cigarette butts were found inside the glass in the bedroom. Neuharth told jurors there was no proof that a lit cigarette started the fire, with the only evidence of smoking inside the home coming from the defendant's ex-wife, Nikia, who said she once witnessed him smoking marijuana in his bed. Lopez told investigators he only smoked on his outside patio and never inside the house, particularly due to his son's asthma. Wayne Whitney, an investigator with the San Diego Fire Rescue Metro Arson Strike Team, testified last week that despite the lack of cigarette butts in the burned bedroom, he was able to make a ``reasonable inference'' that cigarettes sparked the fire, by way of Lopez's alleged smoking habits. Whitney conceded that the cell phone was a possible cause of the fire, but said he didn't believe it would have ignited the condo fire if it were under Lopez's pillow, as a lack of oxygen would have smothered the blaze and kept it from spreading. Sutterley said the burns Lopez sustained on his back, arms and particularly his hand were more consistent with holding a lit cigarette, rather than a cell phone igniting beneath his pillow, which Sutterley argued should have caused burns to Lopez's head. Neuharth emphasized that Whitney came to his conclusion despite no evidence that Lopez smoked in the home that day, while on the other hand, cell phone records proved the phone was in the condo, though it's unknown whether it was in Lopez's bedroom. Wall outlets and candles in Lopez's bedroom were ruled out as potential causes of the blaze, as they were outside the area where investigators believe the fire began. Smoke detectors in Lopez's bedroom and one of the children's rooms were unplugged or removed, according to Sutterley, who said Lopez had a 0.229 blood-alcohol content when blood was drawn at a hospital less than two hours after the fire. Neuharth contested the idea that Lopez did not do whatever he could to try and save his children, telling the jury that the defendant went back upstairs and beat a hole in the wall in attempt to get to the youngsters' rooms amid thick smoke filling the condo. The attorney argued that had it not been for the timely arrival of firefighters, Lopez, too, would have died from smoke inhalation. ``What more can you ask of a parent than to give their life and if not for whatever matter of seconds it would have been or a minute before he was brought out and resuscitated, he would have been dead along with the children,'' Neuharth said. Sutterley argued Lopez's first instinct was selfishness and self- preservation, as ``he was so deep into a bottle of whiskey and a cigarette that he forgot (the children) were there or abandoned them on purpose. But either way, as a parent, your first thought is to save your children. Your first thought is to your kids. It's not to yourself. It's not to the front door. It's to save your children.'' 5315

SAN DIEGO (CNS) - Taking swift action after Thursday's San Diego City Council meeting in which a lone franchise utility bid was revealed, Mayor Todd Gloria Friday announced he was rejecting San Diego Gas & Electric's bid for the city's gas and electric utilities.The lone bid revealed Thursday was for million -- the minimum amount set by former Mayor Kevin Faulconer in September for the 20 year contracts -- and many callers into the meeting asked for the council to ask for a one-year extension for the new mayor and councilmembers get up to speed.The Thursday meeting was informational only, but the information was enough for Gloria."After reviewing the bid submitted by SDG&E and consulting with the City Attorney's office, we have determined their bid is unresponsive to the city's invitation to bid. Therefore, I am rejecting the bid and canceling the current ITB process," Gloria said. "I will be pursuing an extension of the existing agreement between the city and SDG&E to allow enough time for the new City Council to get up to speed and more opportunities for public engagement to occur."The council must take action at its next meeting on Jan. 12; the existing franchise agreement with SDG&E expires Jan. 17. It was originally signed as a 50-year agreement starting in 1970.SDG&E, whose parent company is San Diego-based Sempra Energy, has been the sole electric and gas utility for San Diego since 1920.Gloria and five of the nine city council members were sworn in this month, leaving them just four weeks to decide whether to approve SDG&E's minimum bid for 20 years, ask for an extension to allow newly elected officials to get up to speed, cancel the process altogether and start over or pursue municipalization -- purchasing and putting the city's utilities under public control.Councilman Chris Cate, one of the four incumbent members, expressed frustration at the delay on Thursday."This is a process which has been undertaken for well over two years," he said. "We knew the deadlines years ago."He said an extension wouldn't be a good use of the city's time or resources, and shot down the municipalization idea as a costly endeavor already looked at by analysts, which the city could ill-afford as it grapples with budgetary fallout from the COVID-19 pandemic."It would not be coming from a fiscally prudent or service prudent standpoint as a city," he said.Other councilmembers urged patience."We cannot commit to a bad deal because we are in an economic downturn at the moment," said Councilman Sean Elo-Rivera. "This will affect us for years after the crisis has passed."The lone bid came as somewhat of a surprise. Berkshire Hathaway and Indian Energy had both expressed interest previously but failed to submit bids.Gloria said he would look at all the options ahead of the city."At the end of the day, my objective will be to make sure an agreement meets the needs of residents, makes financial sense for the city, is fair to ratepayers, is consistent with the goals of our Climate Action Plan and includes equitable access to environmental benefits for all our communities," Gloria said. "I will be working with the City Attorney and City Council to fully evaluate all options and next steps to achieve this goal." 3281

SAN DIEGO (CNS) - The Port of San Diego's Board of Port Commissioners announced its approval Thursday of a 15-year extension for the San Diego Symphony Association's lease at Embarcadero Marina Park South. The lease, approved Wednesday, includes three 10-year options and one five-year option, allowing the association to lease the park for up to 50 years. The association currently uses the park land for its Bayside Summer Nights concert series, which it started in 2004. The concert series is held on a temporary stage that is assembled and disassembled each year. Later this year, the association hopes to break ground on the Bayside Performance Park project that would include construction of an open-air performance venue with seating for 10,000 as well as various improvements to park features like benches and basketball courts. The new venue also would serve as the permanent location for Bayside Summer Nights. ``The San Diego Symphony is investing a minimum of million in improvements, including many public amenities and better performance facilities, creating a new, year-round attraction on the San Diego Bay waterfront,'' Board Chairman Garry Bonelli said. ``We're confident concert-goers will love the improved access and state-of-the art stage and sound system, and bayfront visitors will love the new and improved part.'' The stage will be designed by London-based company Soundforms, according to the association. The stage will be feature an acoustically engineered shell made of tensile white fabric and will complement the look of the nearby San Diego Convention Center. The venue will remain open to the public year-round as part of Marina Park South. ``I want to recognize the incredible partnership that has existed over the past four-and-a-half years between the Port of San Diego, the California Coastal Commission and the San Diego Symphony Orchestra,'' San Diego Symphony CEO Martha Gilmer said. ``The work we have accomplished together to create and activate a public performance park will be transformative and have lasting impact to San Diego residents and visitors.'' The lease extension is the last major step in the project's approval process, according to symphony officials. With the extension complete, ground-breaking on the project may happen by September. 2308

SAN DIEGO (CNS) - The body of a 14-year-old boy was found near railroad tracks by a maintenance crew in the Bay Ho neighborhood, sheriff's officials said.At about 2:50 a.m. Saturday, the crew discovered someone who appeared to be struck by a train in the area of 6000 Santa Fe St., according to Lt. Thomas Seiver of the San Diego County Sheriff's Department homicide unit.After an investigation at the scene by the sheriff's Railroad Enforcement Team, the homicide unit took over the case, Seiver said.The boy has been identified and his next of kin notified, but his name is being withheld because it may jeopardize the investigation, the lieutenant said.The county Medical Examiner's Office will perform an autopsy to determine the cause and manner of the boy's death, Seiver said.Anyone with information about the incident is asked to call the sheriff's homicide unit at 858-285-6330 or Crime Stoppers at 888-580-8477. 929