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SAN DIEGO (CNS) - The caregiver for a 74-year-old man who died in her care and another senior who were both involuntarily locked away at her various San Diego residences was sentenced Friday to 13 years in state prison.Shirley Montano, 53, pleaded guilty earlier this year to charges of voluntary manslaughter, false imprisonment of a dependent adult and perjury.A murder charge stemming from the death of Robert Chagas was dropped under the plea agreement.RELATED: Woman to stand trial for senior's death, abuse of elderly womanProsecutors alleged the defendant withheld food from Chagas and Josefina Kellogg, 61, causing their health to deteriorate over the course of several years, during which she moved often and relocated them, as well.Chagas died Oct. 7, 2016, at Sharp Memorial Hospital of pneumonia, which prosecutors argued was exacerbated by severe malnutrition he suffered under Montano's care.While the victims lived with Montano, she used their social security checks and other government benefits to buy herself a truck, among other personal purchases, and gambled away their money at local casinos, according to prosecutors.Testimony from Montano's 2019 preliminary hearing indicated Chagas and Kellogg were kept isolated from others and were confined to their respective bedrooms. Montano's niece, who stayed with her for about a year, testified that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.RELATED: La Jolla man arrested for assaulting elderly woman in Morro Bay, police sayOthers who resided at Montano's apartment or visited were offered various explanations for the presence of the victims, according to testimony.Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Chagas was "emaciated" when he was brought into the hospital, where he died five days later, prosecutors said.RELATED: Woman sentenced for defrauding 86-year-old auntAt the hospital, Montano posed as Chagas' niece and told medical personnel that he did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified.Montano's attorney, Shannon Sebeckis, argued at the preliminary hearing there was no evidence that Chagas' malnutrition was caused by her client, and instead was the natural result of aging.Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said.While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said that was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances.Chagas' family members testified that an accident that occurred at childbirth had left him "slow," as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.The defense attorney also said it was "pure speculation and conjecture" that Montano didn't use the seniors' funds to pay for their basic needs. 4151

SAN DIEGO (CNS) - San Diego's utilities future remains undecided after the City Council debated terms for a franchise agreement for its electric and natural gas provider this week.The council was asked Thursday to agree on the terms it was looking for in the agreement for one of the city's most valuable assets, valued at more than .2 billion.San Diego Gas & Electric has been the sole provider of natural gas and electric utility services for San Diego since 1920. The current franchise agreement, finalized in 1970, is set to expire Jan. 17, 2021. San Diego is California's largest city to have franchise agreements with its utilities.The terms, had they been approved Thursday, would have opened the bidding process for any interested entities to bid on the franchise agreement. They were presented to the council for input and did not technically require council approval.In the coming weeks, the city will release the final terms of the bid document, which will include input received from the public and the council, and the bidding process will begin, officials with Mayor Kevin Faulconer's office told City News Service on Saturday.Once bidding is concluded and a franchise is awarded, the agreement will go to the full council, requiring two-thirds approval.Howard Golub, a consultant for JVJ Pacific Consulting, which the city hired to analyze its needs, recommended the minimum bid in the terms should be million -- low enough to encourage bids but not so low the city and its residents are suffocated by high rates and later surcharges with no money back to show for it, he said."This is the floor, not the ceiling," Golub said.Golub also recommended franchise fees of 3.5% for natural gas and 3% for electric and a 20-year term with the bidder the city chooses.SDG&E is owned by Sempra Energy, an international corporation based in San Diego. Warren Buffett-owned Berkshire Hathaway has expressed interest in the bidding process.An initial proposal by Council President Georgette Gomez was rejected 6-3. It included a provision similar to that of Chula Vista, with a 10-year deal with an automatic renewal if the franchisee had been a "good partner."An amendment by Councilwoman Monica Montgomery raised the minimum bid from the 1% of total value of million to 5%, or 0 million. It also included a climate equity fund and the provision to make the highest bidder subject to collective bargaining from employees who were working for SDG&E -- in case that company does not win the bid."We can't be working toward a just climate future if our partner undermines that," Gomez said.Councilwoman Jennifer Campbell then proposed terms to accept all of JVJ's recommendations with the option to "explore" the climate equity fund. This failed 5-4, with multiple council members switching votes during discussion as amendments were added and removed.Councilman Chris Cate asked for a provision to see and consider all bids for the franchise agreement regardless of the bid offered -- dependent on how closely each bidder met the city's terms.Councilwoman Vivian Moreno said the lack of concrete plan to establish and fund the climate equity fund -- which she said would be funded by the minimum bid and would add "green" elements to portions of the city often underserved -- was automatically unacceptable for her.The council's lack of consensus prompted some speculation about the possibility of municipalizing the city's gas and electric services."I recommend a franchise agreement first," Golub said. "And if that's not feasible, move to a publicly owned utility."High interest rates in 1970 prevented the city from seriously examining that route, but much lower interest rates now make a public-owned utility more feasible, Golub said.According to valuations by business process management company NewGen, the city could buy out SDG&E's infrastructure at a fair market rate of just over billion.According to Golub's recommendations, the city should not do what it did in 1970 -- accept a franchise agreement it wasn't happy with because SDG&E was the sole bidder.More than 80 members of the public called in to the meeting to express support for a franchise renewal of SDG&E or for municipalization.The callers were fairly evenly split, with many of the calls in support of extending the existing franchise agreement with SDG&E coming from employees with the company or those representing the International Brotherhood of Electrical Workers local representing SDG&E workers.They claimed maintaining jobs, 100 years of history with the city and "keeping it local" as reasons to renew the franchise as soon as possible for 20 years or more.Opponents to moving any franchise agreement forward claimed SDG&E's perceived lack of reliability, its high utility costs and its parent company's involvement in fracking are all reasons to avoid franchising with SDG&E.Some of them made impassioned pleas to municipalize the city's gas and electric, essentially making the city take on the burden of providing the utilities.One man urged the council to vote no and do further study on the potential of municipalization and the ramifications of not doing so."When this goes sideways, and it will, you can't say you didn't know," he said. 5295

SAN DIEGO (CNS) - Starting today, the Port of San Diego is conducting an over-water lighting field test as part of the San Diego-Coronado Bay Bridge Lighting Project -- the next step in a process to artistically illuminate a portion of the 2.1-mile bridge span from the Coronado shoreline to Harbor Drive in San Diego.The testing is scheduled to occur between 6:15 p.m. and midnight from Sunday to Saturday, Nov. 14. To allow the testing, 170 computer-programmable color LED luminaires and controllers are being temporarily installed on three of the tallest columns near the center of the bridge span.Each night during the live technical testing, lighting in different colors, combinations, sequencing and arrangements will be intermittently visible on the three columns. Occasional periods of darkness will occur as other aspects of the installation are tested.``This bridge lighting test provides San Diego a unique opportunity to see what's possible and how the infusion of technology and art can make people feel connected to, and inspired by, our beautiful waterfront,'' said Marshall Merrifield, port commissioner. ``Our goal is to ignite the imaginations of every person in the San Diego region, and after years of dedicated time to the project, bring forward a viable, beautiful addition to the nighttime skyline.''The week of technical testing is intended to evaluate the lighting design that has been developed to date, its technical functionality and its ability to effectively display the range of artistic color lighting as originally envisioned.During the testing, the project team and design consultants will take measurements, collect data, and identify adjustments that may be necessary as the project's design development continues. The testing will also help in better understanding the project's feasibility and capabilities, answer questions related to engineering, design, sustainability, and be used to create an adequate project description for environmental review.This is the second test of the project. The first took place in April 2019 and tested lighting on two columns over land on the San Diego side of the bridge. After the first test was complete, the Port received a Coastal Development Permit in October 2019 for the overwater testing allowing the Port to move forward with this upcoming test.Following a worldwide competition, an international design team consisting of lead artist Peter Fink of Studio Fink LTD, architectural lighting specialists Speirs+Major Associates and Buro Happold Consulting Engineers, was selected to design the artistic lighting concept for the project.As a follow-up to the lighting tests, the Port plans to invite community members to share their input and have conversations with the design group to ensure communication and collaboration and to further develop a signature, bay-spanning illuminated artwork for the region.In addition to public input, and once the upcoming lighting test is complete, the Port will initiate plans to proceed with environmental review as the next step of the project. 3074

SAN DIEGO (CNS) - San Diego County public health officials reported 490 new COVID-19 cases and 12 deaths related to the illness, raising the region's totals to 26,098 cases and 524 deaths.Four women and eight men died between June 15 and July 22, and their ages ranged from 44 to 88. All had underlying medical conditions.The county reported 6,974 tests Friday, 7% of which returned positive. The 14-day rolling average of positive tests is 6.1%. The target set by California is less than 8%.DATA: San Diego County coronavirus case trackerAfter three days with a downward trend in cases, the 587 cases and 18 deaths reported Wednesday marked a swing in the other direction. Wednesday was the deadliest day due to COVID-19 yet reported in the pandemic.Cal State San Marcos sent an advisory to students and staff Thursday evening notifying them that two employees who were working on campus have tested positive for COVID-19."One individual was last on campus on July 16 and the other individual on July 17," the advisory said. "Both are in self-isolation following public health protocols, as are people with whom they have had close personal contact."As a result of numbers that continue to rise, Supervisor Greg Cox announced Wednesday that San Diego County was starting a Safe Reopening Compliance Team that will provide assistance to businesses and residents not in compliance with public health orders. The team's exact powers were not immediately clear."This is a carrot approach, not a stick," Cox said Wednesday. "But we still have the stick and other tools to ensure compliance."Supervisor Nathan Fletcher said the team would enable the county to step up enforcement on "egregious violations" -- but the details on that enforcement were also unclear. Officials were reaching out to the various cities and communities in the county to collaborate on solutions."This is out of an effort to keep our businesses open, not to close them," Fletcher said.Three new community outbreak was identified Friday, bringing the total in the past seven days to 13. The number of community outbreaks -- defined as three or more COVID-19 cases in a setting and in people of different households -- remains higher than the state threshold of seven or more in seven days.The new outbreaks were reported in a restaurant/bar, a gym and a church.Of the total positive cases, 2,330 -- or 8.9% -- have been hospitalized and 602 -- or 2.3% -- have been admitted to an intensive care unit. As of Wednesday, 485 people with COVID-19 were hospitalized, 166 of them in intensive care units.From July 13 to July 19, the county also reported its most hospitalizations, 163, and the most deaths, 56, in any one-week span since COVID-19 began spreading in the United States in March."We implore you to not wait for someone you care about to lose the fight against COVID-19 before you take action," Dr. Wilma Wooten, the county's public health officer, said Monday. She said the recent spike in cases began to occur after bars, hotels and gyms reopened June 12.According to Wooten, 95% of the county's COVID-19 deaths have had underlying medical conditions.The percentage of San Diegans testing positive rose to 158.5 per 100,000 residents as of Thursday's data, well above the state's criterion of 100 per 100,000.The last metric the county has failed to maintain is the percentage of cases that have been handled by a contact investigator within 24 hours of being reported. There are more than 500 investigators employed by the county, and although 98% of all cases had been investigated in that time frame as recently as June 25, that rate had dropped to 9% as of Wednesday.Wooten said that in response, the county is attempting to hire more contact investigators, with 97 set to come on board Friday and another 212 are in the hiring process. 3827

SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 373 new cases of COVID-19 and no new deaths, bringing the county's totals to 52,355 and the death toll remaining at 853.Officials are imploring San Diegans to maintain vigilance as positive case rates for the coronavirus continue to increase in the region."We are now concerned about the trends and we are concerned about the likelihood we could tip back to purple, Supervisor Nathan Fletcher said on Twitter today. The county is now in the red tier and the limit for the next tier is seven cases per 100,000 residents.Fletcher pointed to positive unadjusted case rates over six days (Oct. 11-16): 6.9 out of 100,000 residents, to 7.2 to 7.3 to 7.4 to 7.7 and 7.8.The county will be in the red, or "substantial," tier for at least another two weeks.But Fletcher and Public Health Officer Dr. Wilma Wooten held an emergency meeting Friday to "sound the alarm" as the future case rate appears to cross into the purple tier of the state's four-tier reopening system.With the state's monitoring system having a seven-day lag, the adjusted case rate of positive COVID-19 tests is 6.8 per 100,000 residents, up from 6.5 in the previous assessment.Nearly all non-essential indoor businesses would close under the purple tier."We are still in the red tier, but it is too close for comfort," Wooten said.The California Department of Public Health will update the county's data Tuesday.One new community outbreak was confirmed Saturday in a business. In the past seven days, 32 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.A total of 12,233 tests were reported to the county Saturday and the percentage of new laboratory-confirmed cases was 3%.The 14-day rolling average percentage of positive cases is 2.7%. The target is less than 8%.The seven-day daily average of tests is 10,573.Of 3,763 positive cases -- or 7.2% -- have required hospitalization through Saturday.Of 870 -- or 1.7% -- of all cases had to be admitted to an intensive care unit. 2504

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