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SAN DIEGO (KGTV) -- The battle between rideshare companies and drivers' unions is on the ballot in the form of Proposition 22. It's a way for companies like Uber and Lyft to push back against California's Assembly Bill 5, which classifies drivers as employees with benefits instead of independent contractors.The gig companies are fighting the state in court, so they haven't been following those rules since the law went into effect on Jan. 1. Now, the fate of drivers will be in the hands of California voters on Nov. 3.The Yes on 22 campaign is backed by Uber, Lyft, and Doordash.It would classify drivers as independent contractors.Drivers could work towards a stipend to help purchase their own health insurance.They would also get some hourly pay, but only during what's called "engaged time." Yes on 22 says engaged time starts from the moment a driver accepts a ride until they drop the passenger off. It does not include time drivers spend waiting for their next passenger."If you were to compensate for all the time the driver spent on an app, you'd have to force them to accept every ride that comes across which would eliminate their flexibility to choose when they want to work and how long they want to work," said Vetter.Driver Al Porche says that's exactly why he's voting yes."Times are great right now," said Porche. "I've been driving all this year. I switched over from transporting people to delivering food and meals or groceries."According to the New York Times, rideshare companies have spent more than 0 million promoting the campaign, making it the costliest in state history.A "No" vote on Prop 22 would continue the current ruling under AB 5, reclassifying drivers as employees with a swath of rights and protections.Tonje Ettesvoll is against Prop 22, warning it's deceptive if you don't look closely."When you look at all these ads on TV and social media, that is Uber and Lyft's voice, said Ettesvoll. "That is not the driver's voice."She's been driving full-time for four years in San Diego and says it's only gotten worse."They have cut my rate many, many times to the point where I'm driving from 40 hours a week to 60 with the same pay."Nicole Moore with Rideshare Drivers United says about 40% of the job is waiting for your next ride -- time Prop 22 wouldn't pay up for in terms of pay or benefit because it's not considered engaged time."This is work. Just because you're a cashier in a store and you don't have somebody checking out doesn't mean you're not paid," said Moore. "It is definitely helping the billionaires and the people who are running these companies but it is not helping the drivers."The Yes on 22 campaign says if the proposition doesn't pass rides will be harder to find and prices will go up. Gig companies have even threatened to leave the state entirely. 2826

SAN DIEGO (KGTV) - Students in the San Diego Unified School District have a handful of programs designed to keep them active and help ward off childhood obesity.In 2016, the district began it's Healthy Initiative. So far, they've created wellness committees in every school. They also put their IMPACT Program into 20% of the campuses, with plans to expand in the next few years."IMPACT stands for Increased Movement in Physical Activity during Class Time," explains SDUSD's Kate McDevitt. It gets the students 30 extra minutes each week outside, learning easy-to-replicate activities that they can take home."They still have time with their PE teacher, but now classroom teachers can engage their students in station based physical activity," says McDevitt. She says it helps with their focus throughout the day."You can see them light up and really engage in the classroom activities and the earning they’re doing when they have time to move," she says.In addition to the IMPACT program, many schools have local gardens where kids learn about fresh fruits and vegetables. Cafeterias have replaced traditional, high calorie options with foods that are healthier. And some schools have changed the way they do celebrations."We have healthy celebrations," says Ocean Beach Elementary Principal Marco Drapeau. "We still celebrate birthdays and holidays. We still make a big deal out of them. But we don’t hand out the sugary treats."The need for a more health-based approach to school comes at a time when kids' risk of obesity is increasing. According to the CDC, one in five kids in the US is obese. And one in three kids born since 2000 will develop Type 2 Diabetes over the course of their lives.Drapeau says schools are on the front lines in the fight."We’re at a stage right now where we’re competing with this," Drapeau says, holding his hands as if he's holding a phone and watching tv. "We want the kids to understand there’s some real viable options for them outside staring at a screen." 2005

SAN DIEGO (KGTV) — The man suspected of opening fire on U.S. Customs and Border Protection agents at the border Monday has been named.San Diego Police say 23-year-old Travis James Eckstein, a U.S. citizen, was shot and killed during a shootout with CBP officers Monday at the San Ysidro Port of Entry. Eckstein was driving from Mexico into the U.S. and refused to stop for officers. Officers say Eckstein tried to drive through an inspection area, before a vehicle blocked his exit.He then began to fire on officers before he exited his vehicle continued shooting. Officers returned fire and struck Eckstein.RELATED: Suspected gunman killed in shootout at San Ysidro Port of Entry identified as US citizen10News spoke exclusively with a man who witnessed and recorded the gun battle on his cell phone. He said he was driving back home to Chula Vista from Mexico on Monday evening. Moments after he cleared customs, he said he saw a white truck blaze past him. He immediately saw CBP agents throw out spike strips on the ground and the driver of the truck crash into another vehicle. Seconds after two separate shootouts, our viewer saw agents dragging Eckstein onto the sidewalk. Meanwhile, other officers were pointing their guns at the bullet-ridden truck, addressing the passengers. Two male Chinese nationals, ages 18 and 27, were found in the rear of Eckstein's truck and were interviewed and released to CBP officials.First responders attempted life-saving measures on Eckstein, but he did not survive his injuries.Seven CBP officers were involved in the shooting but, miraculously, none were injured.“The CBP officers risked their own lives to protect the public from this gunman,” Pete Flores, Director of Field Operations, said in a release. “Human smuggling is always dangerous. This unfortunate incident demonstrates the total disregard smuggling organizations have for what they consider to be cargo.”RELATED: Man killed in shootout with CBP officers at Port of EntryA motive for the shooting was still under investigation Wednesday.10News found a Facebook post written by Eckstein's mother, Donna Kniss. A portion of the post talks about her son's recent medical condition. “We are all All Shocked, Devastated & Heartbroken! Travis has struggled for many Years with depression and was recently diagnosed as bipolar. He also had many concussions, his Brain didn’t Think like a Normal Person.”Kniss concluded the post with sorrow.“We weren’t okay with the choices Travis had made. We refused to enable and fuel his bad behavior, but he is still my son, allow us to grieve.” The post has since been deleted from Facebook.Anyone with information on the shooting is urged to contact the SDPD Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 2777

SAN DIEGO (KGTV) -- The city of San Diego has turned to two community leaders to assist with gang prevention and improve communication between police and the community.Mayor Kevin Faulconer on Tuesday announced the hiring of Rev. Gerald Brown to oversee police-community relations, and Pastor Jesus Sandoval to lead its commission on gang prevention."At age 16 I had been shot and stabbed, didn't think I would make it to 18," said Sandoval, once in a gang himself. "Since then I've been dedicating my life to helping other people."Brown will take over the Citizens Advisory Board on Police-Community relations, which meets monthly at various locations in the city. He said he is already working on arranging for clergy to spend 10 hours a month with police.Brown also wants to make himself accessible to the community and says he will bring concerns directly to the chief of police. "Really focus on how do we bring communities together? How do we bridge that gap, especially when working with African American community and law enforcement, find ways we can seek peace," he said. But some say the city needs to do more. Kate Yavenditti is a member of Women Occupy San Diego, which is seeking more police oversight. She said she has been attending the police-community relations meetings for about two years and hasn't seen many results.She said she would like the groups to be more than just advisory."So they can send recommendations up to the mayor and the mayor doesn't have to make any changes, and that's pretty much what's been happening," she said.The police-community relations board next meets 6 p.m. Monday at the Taylor Branch Library in Pacific Beach.    1706

SAN DIEGO (KGTV) -- The National Weather Service warned of minor coastal flooding ahead of a King Tide set to hit the San Diego County coastline Monday and Tuesday.The event forced the agency to issue a beach hazards statement from Sunday night through Tuesday evening.Surf will begin to build late Sunday, peaking Monday and Tuesday. By Tuesday night, the surf is expected to diminish, the agency said.High tides Monday will be 6.9 feet at 8 a.m. High tide on Tuesday will be 6.8 feet at 8:40 a.m.The agency warned that the King Tides will create water run-up into some beach parking lots and other low-lying areas.Beaches most prone to flooding include Sunset, Seal, Newport, Oceanside, Cardiff, La Jolla Shores and Imperial Beach.Elevated surf will also create strong rip currents and dangerous swimming conditions, the National Weather Service says. 861

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