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SAN DIEGO (KGTV) -  Despite protest from residents against a storage facility for homeless individuals in Logan Heights, city leaders have approved the facility.The facility, proposed at 116 South 20th street, would supply up to 1,000 storage bins for people living on San Diego's streets. The facility would be similar to one currently located on 16th Street."This storage facility must deliver for both the clients it will serve and the neighborhood that 489

SAN DIEGO (KGTV) -- A group of California lawmakers is asking for an emergency audit of the state's Employment Development Department (EDD).In a letter sent to the Joint Legislative Audit Committee, legislators claimed that EDD had failed Californians when it's needed most.The letter said, "EDD reported that it has processed 9.3 million unemployment insurance claims and distributed about billion in benefits. Yet some 1 to 1.2 million potentially eligible applicants, including those that filed in March, are still waiting on payments. EDD's actions or lack thereof have real consequences: people are depleting their life savings, going into debt, and are unable to pay rent and feed their families."For months, Californians have complained to lawmakers and news outlets saying EDD was struggling to get them money. Many described calling the department hundreds of times a day trying to speak with someone about a filed claim."I'm not going to be able to pay rent, and I'm not going to be able to pay my insurance," said San Diego County resident Jaedra Miller.Miller says she was receiving money from EDD, but after a few payments, something changed."They just flagged my account, and I've been trying to figure out why," she said. "I've been calling, and I completed the paperwork they sent me."Miller said there's an issue with the effective date on her claim. She told reporter Adam Racusin she believes the dispute caused the money to stop."It's just so incredibly frustrating," Miller said. "I've tried so many avenues, and I just, I really feel helpless."In the past six months, the Employment Development Department has taken a verbal beating from Californians and their lawmakers.During a May hearing, lawmakers told the head of EDD they're hearing from constituents who are struggling in the application process, being denied with no explanation, and having difficulty getting in touch with anyone at the department."We've never heard the type of suffering that people are experiencing right now, not just in regard to the pandemic, but when they call your bureaucracy," Assemblymember David Chiu said at the time. "The feedback we're getting is atrocious."Later that month, EDD said in a press release, "The Employment Development Department (EDD) will hire approximately 1,800 new temporary full-time and hourly staff over the next several weeks from throughout California to bolster the delivery of critical Unemployment Insurance (UI) services to workers impacted by the COVID-19 pandemic. The workers will be trained in skills including call center operations, processing UI claims, and analyzing documents from claimants and employers to make wage determinations for benefits."EDD says that since March, the agency has redirected more than 600 staff from other units and 700 staff from other departments to assist the UI branch. The agency adds that it has been given approval to hire 5,500 new temporary employees, and that more than 5,200 employees have been approved for hire and more than 3,600 are in various stages of onboarding, training, and deployment.The state agency said it could not comment specifically on Miller's claim."Due to the legal confidentiality of Unemployment Insurance (UI) claimant information, we cannot discuss any details related to an individual’s case. Media Services does not have access to specific claimant information, nor the authority to share an individual’s claims details. As individual claims issues are often unique to each claimant, they are best mitigated by the UI analysts who are working the individual cases. We have added Ms. Miller to a claimant referral list that has been sent to our Unemployment Insurance branch, which handles benefits claims processing," a spokesperson said.In a press release on Aug. 27, the agency did say it has disbursed more than billion in benefit payments since March.The release stated, "EDD has processed over a total of 11.0 million claims for Unemployment Insurance (UI), Pandemic Unemployment Assistance (PUA), and benefit claims extensions over that timeframe. The average amount of benefits paid daily by EDD over last week (4 million) was 967 percent higher than the daily average paid over the same week at the height of the Great Recession ( million) in 2010."The group of lawmakers calling for an audit ask that EDD, "Assess the reasons for backlogged unemployment insurance claims (claims) and the effectiveness of EDD's efforts and timeframes for eliminating the backlog. Evaluate the effectiveness of EDD's actions to improve call center performance and response time. This includes EDD's hiring, onboarding, and training efforts to increase call center staffing levels. Determine the magnitude of EDD's claims workload, including the number and percentage of claims that were approved, denied, pending, and backlogged since the beginning of the pandemic. Assess EDD's call center capacity and determine trends in the volume of call received, the time it takes EDD to respond to callers, the percentage of callers connected to a representative, and the number of calls during which the caller was disconnected from the call." 5161

SAN DIEGO (KGTV) – A catholic priest overseeing a mission in San Diego has been granted temporary relief from the state's COVID-19 restrictions on in-person worship.On Friday, ABC 10News spoke to the attorney representing Father Trevor Burfitt in his legal fight to reopen his Southern California parishes, including St. John Bosco Mission inside the Four Points Sheraton hotel off the 163 and Aero Drive.On Thursday, a Kern County judge issued a preliminary injunction protecting Father Burfitt's churches from COVID-19 restrictions but the ruling does not apply to all churches in the state.“Under the existing blueprint for a safer economy, all of [his] churches are subject or were subject to a total worship ban until the court's ruling yesterday,” said attorney Christopher Ferrara. He added, “That ruling has overturned those restrictions and the churches are now free to operate.”On Friday, San Diego County Supervisor Jim Desmond said that he supported the ruling and added in part, “I think and I always have thought that churches are essential, particularly in these times of high anxiety with having to deal with COVID.”The new ruling stems from a recent lawsuit that Father Burfitt filed against Governor Gavin Newsom and other state and local officials over lockdown measures.The judge ruled in part, "The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the first amendment's guarantee of religious liberty. Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure." The ruling goes on to read in part, "The free exercise of religion clause in the California constitution prohibits defendants from treating religious activities worse than comparable secular activities. California's current COVID-related restrictions do exactly that."“Right now, I would say that this decision provides guidance to the public authorities throughout the state and they should follow it,” added Ferrara.Father Burfitt is seeking a permanent injunction. The next hearing is scheduled for March.ABC 10News reached out to Gov. Newsom’s office for comment. We are waiting for a reply. 2216

SAN DIEGO (KGTV) -- A controversial Target store opened its doors Tuesday night in North Park, on University Avenue at the corner of Ray Street. Not everyone was on board when plans for the two-story Target were announced. North Park residents worried about the impact the retailer would have on local businesses and on parking in an already crowded neighborhood. There was also frustration when Target painted over a popular mural that had been on the side of the building for years. San Diego State University professor Dana Kuhn said economically, Target could have a positive impact on the community by creating jobs and boosting businesses nearby. Kuhn said people spending money at Target would inevitably mean they spend money in surrounding businesses. Kuhn also explained that Target will provided goods and services the community needs and that the money spent will stay in North Park. Target says the new store created 60 jobs and many of the employees do live nearby. Target is officially open as of Tuesday night but a grand opening for the community is scheduled for Sunday, March 17. 1106

SAN DIEGO (KGTV) - A former San Diego agent with Naval Criminal Investigative Service (NCIS) is blowing the whistle on what some people say is a potentially deadly firearm loophole involving active-duty members of the military. For more than a year, Team 10 investigative reporter Jennifer Kastner has pressed local military officials for answers about its mentally ill patients.The expressed concern is that this alleged loophole could contribute to suicides or even mass shootings. Naval Medical Center San Diego (Balboa Hospital) is San Diego's biggest military medical facility. Balboa Hospital spokespersons tell 10News that the hospital is following federal law. However, state law is different and some people believe that the difference could have fatal consequences."I hope people see this. I hope people are upset. I hope people are worried," says Joel Mullen, the newly retired NCIS agent. Mullen is finally going on-camera with 10News, now that he's no longer working for federal law enforcement. 10News first met Mullen last year, when he wanted to open up about what he calls a major loophole in the military mental health system that some people believe could put weapons in the hands of suicidal or homicidal people."What would have happened to you [if you] had you come to talk to us while you were still working for NCIS?" 10News asks Mullen. "The F.B.I. got a hint that I was talking to you and [my] supervisor basically threatened to kick me off the [Joint Terrorism Task Force]," he replies.Loopholes and lapses in background checks have played a role in America's mass shootings.Take the case of 2017 Sutherland Springs church massacre where 26 people died. The former airman's history of domestic violence had banned him from legally buying a gun, but he did so anyway because the Air Force reportedly failed to have his criminal history submitted to the federal database for background checks.Mullen says that people need to be looking at a different loophole that involves mental health, which will be explained in this story. To date, it has not contributed to any shootings that 10News is aware of. Mullen believes it's only a matter of time."I hope to God it gets fixed before somebody dies," he says.If you're a civilian in California and you've been admitted to a hospital on an involuntary mental health hold (commonly known as a "5150"), California law generally bans you from owning firearms for five years, although you can later petition state court to restore your access. According to California law, the hospital has to report your information to the California Department of Justice using a portal called the Mental Health Reporting System. The California Department of Justice is then required to give your information to the F.B.I.'s National Instant Criminal Background Check System, known as NICS. That's the federal database that gun sellers can access to verify whether potential buyers are eligible to purchase guns.If you're banned from owning a gun, NICS will warn the seller. If you're an active duty service member admitted to Balboa Hospital on an involuntary mental health hold, the hospital notifies your commanding officer and a treatment plan is made. If there's fear that you may harm others, law enforcement may contact you. However, Balboa Hospital does not send your information to the California Department of Justice. Subsequently, the California Department of Justice does not submit your information to NICS. It means that once you're discharged from Balboa Hospital, there's no record of you in NICS. So, a gun seller who is accessing NICS has no way of knowing about your mental health history if you go to buy a gun. "Every day that this loophole exists, we run the risk of someone getting killed or a mass shooting happening," says Mullen.He explains that it's no single agency's fault. The problem is that state law and federal law don't sync up.Balboa Hospital referred 10News to the U.S. Department of Defense (DoD) which sets the policy for all U.S. military medical facilities. The DoD responded to 10News with a statement reading in part, "With regard to NICS, the DoD is following federal law as it pertains to mental illness." The federal law requires due process to restrict access to firearms, but the DoD says that an involuntary inpatient admission to a military facility "is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.""You have to have due process. That is what the federal side is lacking," Mullen adds."There are [Balboa hospital] mental health providers who have come and said, 'I want to put this person on a weapons prohibition. How do I do it?' [but] there was no way for them to do it," he tells 10News.10News was given a copy of an email from a senior Balboa Hospital official, which reveals that even three years ago, the matter was investigated. The 2016 email reads in part, "The Navy (Bureau of Medicine and Surgery) is exploring whether a military treatment facility or a military mental health provider can report directly to NICS, the F.B.I.'s National Instant Criminal Background Check System. To date, approval for such direct reporting has not been given by higher authority."In part of a statement to 10News, the Navy Bureau of Medicine says the health of its members is a top priority, and those on involuntary holds are only discharged when they're no longer deemed dangerous. Part of a statement to 10News reads, "Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return-to-duty including possible limitations to duty and signs of possible new or recurring distress..."The DoD did not answer 10News' question about any plans to make policy changes."The military trains people very well but if there's some sort of mental illness where they might be prone to more violence, they have more training than the average person and that makes them more dangerous than the average person," says Mullen.He tells 10News that systemic change can only happen if the DoD updates its federal policy, but it will first require a member of Congress to bring the issue to the nation's capitol.If you need mental health resources for current or former service members or their families, San Diego County has free resources. Visit Courage to Call for information: https://www.courage2call.org/The full statements provided to 10News by the Navy Bureau of Medicine and the DoD are below.DoD statement:Department of Defense Instruction 6490.04 "Mental Health Evaluations of Members of the Military Services" allows the Secretaries of the Military Departments to develop internal policy on active duty service member involuntary psychiatric hospitalization procedures. The instruction allows a Commander initiated referral for a service member to have a mental health evaluation. This instruction states "An involuntary inpatient admission to an M.T.F. is appropriate only when a psychiatrist, or, when a psychiatrist is not available, a physician or another M.H.P. with admitting privileges, makes an evaluation that the Service member has, or likely has, a severe mental disorder or poses imminent or potential danger to self or others".With regard to NICS, the DoD is following federal law as it pertains to mental illness. An involuntary inpatient admission to a military facility does not meet the requirements of 18 U.S.C. 922(g)(4) because the admission is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.18 U.S.C. 922(g)(4) states, "Any person who has been "adjudicated as a mental defective" or "committed to any mental institution" is prohibited under Federal Law from shipping, transporting, receiving, or possessing any firearm or ammunition". According to federal regulations, a person has been "adjudicated as a mental defective" if a court, board, commission, or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease meets one of the following criteria:? Is a danger to himself, herself, or others.? Lacks the mental capacity to contract or manage his or her own affairs.? The term "adjudicated as a mental defective" is defined to explicitly include a finding of not guilty by reason of insanity or incompetence to stand trial.Federal regulations define a person as "committed to a mental institution" if a court, board, commission, or other lawful authority has formally committed him or her to a mental institution. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation.Navy Bureau of Medicine statement:"Overall, the health and well-being of sailors, Marines, reservists, their families, and retirees is our top priority. Well-targeted mental health treatment and prevention programs are essential elements in resilience and recovery, and form the cornerstone of Navy Medicine's approach to care. In involuntary military hold situations, discharge plans are made only when evaluations determine that the member is no longer deemed a danger to self or others. The treatment team works closely with the command during hospitalization and provides guidance and a plan for after leaving inpatient treatment. Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return to duty including possible limitations to duty and signs of possible new or recurring distress such as lack of social support, changes in life circumstances, legal problems, financial problems, and problems in relationships. The command and the member's mental health provider continue discussions to follow and evaluate the plan to monitor and help the sailor." 9956

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