covid cases on the rise in the south bay but it's not the only virus pushing the limit in the state of california.

it certainly feels like tka jaw view. deja vu. are we in another spike. the numbers are rising and officials are saying we need to act right now to avoid another break out this holiday season. >> reporter: that's right sarah. we spoke to mike brewer tonight. he tested positive for covid fortune a week, and says he's not surprised covid cases are on the rise. mike brewer thought he was one of the lucky ones escaping covid through the entire pandemic. but right after thanksgiving, he got it. >> i went with three years and i was thinking, man i'm never going to get this covid. if i'm going to have it, i would have had it by now. and after

thanksgiving, i was feeling really tee id. the i was wore out. saturday i lay in bed, slept the whole time. >> reporter: mike quarantined but says his covid symptoms within the as bad he thought it would have been. >> all my kid have got covid. and they all called and asked, do your lungs hurt. >> reporter: county officials are urging you to protect yourself. they're asking you to get vaccinated and to stay up

to date on boosters. >> we just finished one mayor holiday gathering. we're about to head into one more. i unfortunate hi have to tell you that this winter is shaping to be no different different. >> reporter: we found plenty of holiday shoppers bundled up and staying plenty of masks to stay safe. wearing masks out in public is always a good idea especially indoors and crowded the ÷r spaces. for mike, he said the cold he had before catching covid was actually worse. reporting live in san

jose, mary lee, kpix5. before we let you go we do want to ask what are the hospitals reporting in terms of the number of positive covid cases they're seeing? >> sarah, from last month to this month. are reporting cases going up. it isn't just covid that's the problem right now. the phru is hitting incredibly hard: this is a map from the cdc of states that are seeing very high flu activity. s that catching a chain reaction at the drugstore. it's working

with the manufacturers to increase productions. after two incredibly rough winters. bay area businesss are hoping for a holiday come back at least this time around. >> reporter: the irony was did not not escape u.s. >> i think every winter it comes through the restaurant and it tkp ets a lot of people. >> reporter: before thanksgiving the flu went thereupon his which i his

kitchen. he knows his business and many others are not out of the woods yet by a long shot. >> we would rather have people be preat the present timetively safe than have to mistime for work. >> reporter: thobg maas the owner of two restaurants says she's offering her employee as financial ensievety to get boosted. >> we wanted to proactivity share somebody, if you can prove u.s. vaccine hire the testify in the next pay paord rerp nick's exh kwraoes are ÷urpbl counselorring but is not you have to date. he seas the rent rant industry as a hole has little appetite. thus the way to prevent ills is to get

the sot. >> during the pandemic. at its heights i was really paorpbt that everybody stay sr-bg e sate , it is really important that everybody stay up to date on vaccinations. rodriguez is being charged on suspicion of homicide and drug trafficking. the debate over whether snpd robots have to kill. initially the board approveed the policy but was met with

public backlash. now the heart goes back to the rules committee before the full board votes on it again. >> an hours long debate, a total dead lock and a political power tprug -l. south like inpen ao ao÷ft of san the first phao÷e petting last -t -t -f new members want to fill a vacant seat first. but the current saying it's tame to lead. >> i think we passed the definition of insanity a cup -pl of hours ago. >> after hours of back and forth, the council oplted to continue the meeting on wepbs. >> still ahead as in few the

ration is a place tp÷r winners to tie. the latest round of rainfall finally came to an end the afternoon. -t rof reupbl with more rain and the first alert forecast. and tpaopb with

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choose wisely. choose wendy's new italian mozzarella chicken sandwich. four weeks after the election there's finally winners. warnock will keep his seat. warnock's set gives democrats a wider margin. that means they will be able to approve legislations faster and gives them the power to issue subpoenas in several investigations. san jose will not have a special election to fill two open city council seats. the san jose city council voted 7-4 to appointment new members instead. an extra election would have lost the city voters but the mayor had been pushing

for one. >> the idea that so new council members, as few as six who don't even live in these instructions could make a better decision than tens of thousands of voters engaging in an open and competitive election process is just really misguided. council member sergio jimenz volted for appointment instead. saying the money could be better. >> in my mind saying we have 7 million. yet sometimes i get money what the voted. weiner was the victim of a threat. it turned out to be a false alarm but the openly gay

legislator has had to face threats before. weiner blames social immediate wa companies in part. there is some new and different trouble for twitter tonight. san francisco's department of building inspection controls to kpix5 it's looking into a report that the company has turned several officers, mid-market hotel workers into midterm. it's now planning to conduct a site inspection to check it out. this is a look at how freezing cold it got near san jose this morning. the lake observatory on lake hamilton showed off those pictures showing a dusting of know. the recent soggy weather has kept them from opening the doors to examine our sky. >> kind of hard to tell on this side of the country. how cold

it is. when you're talking about snow in buffalo it's a little nor srous. even the sierra. >> right, a dusting of snow fear the observatory compared to several feet of snow in the sierras. >> just a little be bit different but we had nice days. you could do some absorbing between systems. that dry break is going to continue ÷r continue tomorrow. another wave of rain into the pwaeup area by laid thursday. let's check ta hook at future track and though what's going to happen out there. temperatures are going to warm up within two or three degrees of what is above normal this year. the rain still going to remain open on thursday. why does it always seem to happen

around rush hour. morning or evening. it does look like the most high spread and heaviest rain will be surging around the area. right during the time when mom was going to feel. the hra÷rpblest rain is going to largely be dry as we starbd the day on friday. we should even froth and kraud are going to be or ÷ebs pw÷ebgs baker. ing the area. some heavier rain. this system is going to be an inch or two on a widespread basis across the bay area. back to thursday's system. we track the wind as we go through the day thursday. which right-hand turn going but they aren't going to be so strong. the whole system gets squeezed by the system. the strongest gusts are going

to fill with the heaviest snowfall. the downpours won't be as heavy but it's still going to be enough to impact the thursday evening commute. plan on allowing extra time for that. right now it's fine out there. clear skies. temperatures kinding out pretty quickly. temp skhurs are temperatures are going to be on the chilly side. there's a freeze warning tkpwebgs on tomorrow. through to my 40s along the coach. temp temperatures are going to warm up a degreen or two tomorrow. rain chances go up and down. you see the rain moving in thursday. should largely be dry on friday but that next round of rain will move in saturday night. with the rain continuing

to fall on saturday. lingering showers possibly on monday, and even spwaol sar sra. vern sth-z straight ahead in sports, a shooker for the 49ers defensive captain. and the giants were busy today. they si

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>> okay so the aaron judge rumor mill has been going for a while. maybe today was its peaks. one of the peaks. certainly wasn't a valley. >> you just hear so much. we were joking ofmera. one ral man we just love the way you toss to those ckes -frpl we're going to give you nine years, 360 million. can you imagine. >> we don't even have that kind of money. >> whoa, baseball up top. is it judge mint day. no not so much. giants fans, they wa÷pbt want to see this imagine comes through in aaron judge: at least they did sign another

local guy. hanniger hit 349 34939 home runs but was limited to 50 games last season because of injury. this does not take the 49ers out of judge. he posted this picture of judge with the message come on aaron. join the stkwad. in squad. there's now a chance that we haven't seen the last of jimmy pwrap low. according to sources garoppolo's broken foot will not require surgery as the team originally thought. he could return in seven to eight week which where the 49ers are still alive. spain and morocco. stopped

three of spains attempts. a sharp, haquimi did not miss. morocco moves on to the next tier. all the way from salt lake city utah is your brother troy to present this award to you.

surprises, where do you rank that? >> that's an 11, 11 or 12 for sure. yeah, that means a lot. >> i talk to him sarah every thursday about football. but tonight you saw it. family was much bigger than that. he had no idea his brother was coming. >> you could tell he was so happy. that's great. no world cup soccer for a couple of days. not so great. i'm going to have nothing to do. let's hang out. >> unless aaron judge signs on the dotted line tomorrow. >> then we will be busy. >> all right vern thank you so much. when we come back an unusual way to decide a winner in one county. and the way one guy won that questions if people were even heard.

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well after a hard fought race on both side the closest political contest of 2022 came down to the luck of the draw. as kpix5's john ramos reports from richmond the two candidates vying for one city council seat became the unlikely stars of an unusual civics lesson. >> the two candidates that's andrew butt on the left and cesar cepeta cepeda on the right, were asked to write their name on a card. the last time there was a tie in contra costa was in 2018 when two candidate tp-rs had to roll a dice to decide a winner. the

council insanctioning the election included a tie breaking system using the envelopes. >> i don't think in a million years anyone who wrote that ordnance this past election cycle thought, we're going to do this. >> ironically the final vote cast in approving the tie breaking system came from mayor tom butt the father of candidate andrew butt. the first draw didn't go quite as planned. as city clerk christian accidentally pulled both envelopes out of the bag. candidate butte suggested she throw them across the room. after more serious shaking a candidate was drawn. >> the winner for district two is, cesar cepeda. >> but had the voters really spoken at all? andrew had his

doubts. >> like i said, i'm having some mixed emotions. i think i'm just letting it settle in right now. it's a bizarre way to end many many months of you know a lot of effort. and certainly the voters didn't decide. >> i would like to say well that's democracy in action. i'm not sure that really applies to the luck of the draw. >> and if that just sound like sour grapes it should be noted that cepeda agreed with him. >> i think we should better think about this. i think a run off would have been better. to be able to empower every single vote. because it wasn't until the end that we realized there was a couple of precincts that had zero voters. a run off would allow us to go knock on those doors and say you need to come out because we need your

vote. >> here's another note. the winning candidate cesar cepeda says the final vote arrived as a last minute ballot from a service

you know guys there's usually one golden rule around tv stations you know what it is. don't promote somebody elses tv show. when you're doing yours. >> unless it's on this fine network. >> yes, right. that and don't drink the water. okay but everybody loves the nba coverage with shaq, charles barkley and ernie johnson, hilarious. they're always messing around. >> best show going. >> but tonight they had another classic moment. >> don't you, don't you. no. >> that was bad. >> the tree has legs. okay. kenney stiff armed shaq right into the christmas tree on the set. they like to race to the big video board in the back of the show so kenney can diagram

the plays but kenney was pretty determined instead of breaking down the game film they just did the instant replay of the wipe out. quick thinking from the producer. shaq fell before. >> this has happened on holiday shows. shaq has taken runner score and leapt into the tree itself. >> the shaq falling is a meme which that is hopefully not going to happen here. >> i don't volunteer for that. >> you're already a meme. >> yeah. thanks. >> look it up, it's funny. >> thank you so much for watching. have a good one. - [announcer] the following is a paid commercial program for ideal prostate plus sponsored by trusted thera botanics. (gentle music) are you spending too much time in the bathroom? suffer from urgency and frequency you can't control? do you get up more than once a night? can you even sit through a movie?

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