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SAN DIEGO (KGTV) — This November, Californians will consider whether or not to repeal a recently enacted gasoline tax meant to drum up funds for road repairs around the state.Proposition 6 aims to repeal Senate Bill 1, which was enacted in 2017. The bill raised California's gas tax by 12.5 cents per gallon and increased diesel prices by 20 cents to fund road construction and infrastructure improvements across California.In this case, a "yes" vote means ditching the gas tax while a "no" vote means keeping the tax.Team 10 investigator Adam Racusin and political analyst Ruben Barrales sort through the pros and cons surrounding Prop 6.YOUR VOICE YOUR VOTE ELECTION COVERAGE 685

SAN DIEGO (KGTV) -- There are more concerns about vacation rentals in the Bankers Hill area, following action taken by the City Attorney’s office to shut down what they called a COVID party Airbnb on 2nd Avenue.The civil enforcement action cited concerns over gatherings during coronavirus-related restrictions and numerous other violations, from lack of permits to not obtaining proper tax licenses. According to the complaint the homeowner David Contreras Curiel, did not pay required taxes or fees to operate a vacation rental. It also alleges Curiel illegally made numerous renovations to the home.“From packing a party house during a pandemic to illegally renovating an entire property, the conduct of the defendants in this case is egregious and unacceptable,” City Attorney Mara Elliott said in a news release Friday.On Monday, ABC 10News spoke to a neighbor who lives next to another Airbnb rental on 3rd Avenue. Records show the rental is also owned by David Curiel. The home is listed as The Alfred Mansion on Airbnb’s website.“It’s disruptive every weekend,” one neighbor told ABC 10News. He did not want to be identified, but he said the parties picked up at The Alfred Mansion a few months ago.“Two weekends ago, there was a wedding there with at least 40 people. Nobody had a mask on,” the neighbor said. He added that he has made several complaints to police and the City of San Diego, but nothing had been done. He also had not heard anything from Airbnb regarding his concerns.Curiel did not return requests for comment. Early Monday afternoon, ABC 10News contacted Alex Mendez, the person who helps manage the property and deal with guests.On Monday evening, Mendez called the allegations against the Airbnb properties “unwarranted.”Regarding the city action taken against The Ashley, Mendez said that he and the owner were willing to work with the city. When he asked to reschedule a meeting with code enforcement a couple months ago due to Curiel’s travels, Mendez said the city was not willing to be flexible.Instead of a code enforcement officer calling him back, someone from the City Attorney’s office contacted him, Mendez said.He and Curiel were both caught off guard by the city’s allegations.“We, by no means, have a party house. The house rules are very strict,” Mendez said.Mendez said he has been willing to work with any neighbors who have had issues with the Airbnb properties. “We’re very responsible,” he said, adding that it is also not fair for “neighbors to complain any time there’s any little noise and mischaracterize it.”A spokesperson for the City Attorney’s office could not say whether or not the property on 3rd Avenue was being investigated, but told ABC 10News that the case against The Ashley could affect the other rentals owned by Curiel.“If granted, our injunctive relief would apply to any properties within the county owned by Mr. Curiel that have one or more of the same-type violations that are listed in our complaint,” a spokesperson said.Airbnb has not responded to this latest allegation, but previously told ABC 10News that hosts are not allowed to authorize parties where current public health orders prohibit gatherings, like in San Diego County. 3217

SAN DIEGO (KGTV) -- There are concerns about whether the difference between federal and state mental procedures is creating a danger in the community.A gun violence restraining order petition filed by the San Diego County Sheriff's Department suggests Department of Defense requirements don't translate into California's strict mental health evaluation and treatment laws.Local Court CaseStanding in front of a San Diego County judge, a Navy Sailor explained why he believes his guns seized by the San Diego County Sheriff's Department should be returned to him.10News is not naming the sailor because he was never accused of a crime.The Hospital Corpsman 2nd Class told the judge the Sheriff's Department got it wrong; he's not a danger to himself or others.In May, deputies confiscated his firearms after they responded to a call of a suicidal male at what's described as his residence.According to a petition for a gun violence restraining order, the sailor was in a bathroom with a gun in his hand threatening to kill himself.The petition states once deputies got him outside of the home, he told them he's in the military and felt alone. According to the document he "had been thinking of his best friend who had died, he is having relationship problems with his wife and his family does not speak with him. He had lost all hope today and wanted to kill himself. He drank (2) Four Loco's and laid in his bathtub full of water. He thought he would pass out and drowned [sic]. He did not pass out, so since he could not shoot himself, he was going to have law enforcement shoot him when they arrived."According to the deputies' written narrative, they believed he met the criteria for being a danger to himself because he was suicidal, and they placed him on a 72-hour hold pursuant to Welfare and Institutions Code 51-50."If an active duty military member lives within the Sheriff's jurisdiction, outside of a base, then they are responsible to obey the laws of the state of California," said a Sheriff's Deputy who spoke to 10News on a condition of anonymity.10News is not naming the member of the San Diego County Sheriff's Department because they work undercover. One of their jobs is to handle gun violence restraining orders, or GVROs for short.These civil restraining orders prohibit someone from having a gun or ammunition. Law enforcement or close family members can request it if they're afraid someone will hurt themselves or others. A temporary order is issued until a court hearing for a permanent one takes place."If we have the ability to demonstrate that this person is a danger to themselves or others, we could use GVROs to proactively prevent him from being in possession of firearms," the Sheriff's Department source said.The Sheriff's Department filed a petition for a gun violence restraining order against the U.S. Navy sailor after releasing him to staff at Balboa Naval Hospital in San Diego.According to the GVRO, "Active-duty military members placed on involuntary mental health holds at federal military treatment facilities are governed by the requirements of the Department of Defense (DoD) and implement military service instructions. The current governing instruction of DoD Instruction 6490.04. The DoD standards do not translate into California's "5150- 5152," "5250" (and related statutory) requirements, so it is not currently possible to use California's electronic Mental Health Reporting System for an active-duty member placed on a hold under DoD standards. Therefore, he would not be subject to a firearm prohibition without the issuance of a Gun Violence Restraining Order."In California, if you're taken in on a code 5150 and admitted to a mental health facility, state law makes it unlawful to possess firearms for a period of time. Experts tell 10News the patient receives a formal notification of the firearms prohibition report and the required information about the process for appeal to a judge, if they wish to appeal it.According to the California Department of Justice, a firearm prohibiting category is: "Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15."Experts 10News spoke with say things can work differently if an active duty member of the military is taken to a DOD facility."The reporting system on the federal side is a lot different than we have in our law enforcement on the state level," said San Diego attorney Vik Monder.Monder has no connection to the case but represents clients in civilian and military courts.Monder said just because someone is placed on a 72-hour hold and taken to a DoD facility doesn't mean federal authorities can permanently remove their firearms. There needs to be due process."Under the federal regulation, title 18 United States Code section 922, in order to take away someone's federal rights to a firearm that person must have been adjudicated where they've committed a crime or found guilty of committing some sort of act that warrants that individual to have their gun rights being taken away," Monder said.The sailor was released after being taken to Balboa Naval Hospital. In court he told the judge he was never admitted.In his case the judge ruled he can keep his guns.10News tried to speak with him outside of court, but he said he had no comment and told Team 10 investigator Adam Racusin he needed to check with his command staff if he could speak with 10News.The sailor never got back in touch and no one answered the door at his listed address.The San Diego City Attorney's Office said they're aware of four gun violence restraining orders involving active duty military members in the City of San Diego.A spokesperson for the City Attorney says California's GVRO does not extend to military personnel when they are on federal land or installations. 6076

SAN DIEGO (KGTV) -- Three San Diego County schools have been recognized as 2019 National Blue Ribbon Schools. The award honors public and private elementary, middle and high schools. Aviara Oaks Elementary School in Carlsbad, Del Mar Hills Academy in Del Mar and Torrey Pines Elementary School in San Diego were all honored with the award. “Congratulations to these schools that have tremendous programs dedicated to, and invested in, creating state-of-the-art learning and teaching environments,” State Superintendent of Public Instruction Tony Thurmond said. “This recognition is well-deserved, and special thanks go to the educators and the school communities that meet students’ unique needs in order for all of their students to reach their full potential.”Schools are recognized based on school-wide student scores, subgroup student scores and graduation rates. According to Thurmond, all three of the schools are among the state’s highest performing. For a full list of schools that made the list, click here. 1026

SAN DIEGO (KGTV) - The South Park neighborhood has a new ornament for the holiday season, which residents hope will become a permanent addition.The South Park Business Group recently installed a new sign of the community's name on top of a building at the end of Fern Street."It gives people a little more of a talking point," says Tanya McAnear, who owns Bad Madge and Company nearby. "Having a branded neighborhood helps when you're on social media."The sign is part of this year's Holiday Walkabout Luminaria event on December 7. But people in the neighborhood hope the business group keeps it up as a permanent addition."I'd like to see it stay for a long time," says Wayne Prunkard, who has lived in South Park for 20 years. "It gives an atmosphere to the neighborhood, and I really like it."People in South Park have been clamoring for a sign like this for years, one that can help identify the area in the same way signs in University Heights, Normal Park, North Park, Hillcrest, Kensington, Barrio Logan, and Gaslamp do.The South Park Business Group paid for the sign. Organizers say they're looking into a way to make it permanent."It makes you stand out. It makes you unique," says Grace Gerber, the manager of Native Poppy. "It draws people's eyes in, and that would be huge for us."The lights on the sign will turn on for the first time at 5:30 pm on Saturday, December 7. 1392

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