of san jose state university. the library has received multiple awards for its unique design and is a partnership with the city of san jose and san jose state university. what is isn't receiving any awards for is the fact that the library offers a home to the homeless. the hours are so extended you can take care of things and have time to come back and finish whatever it was that you were trying to do. the homeless can come here to use computers, read books, and they even sleep on the floor, or sometimes slumped over desks. the building stays open to all until 9 o' clock most days. in eleven years, as library dean ruth kifer has come to understand how the homeless rely on the library. people who happen to be homeless aren't in the library to disrupt or to create any barriers for our students. they're just here sharing the space. and it appears to be done in a very successful way. denise white happens to be one of the homeless. she spends most of her day in the library, reading book after book. i've never seen such a selection in a library. i just had never been to a library of this size before. denise white lost h

the city of san jose farmed out of of the workers compensation program to the concord based company to contain costs and improve service to workers. the treatment approved for years suddenly stopped. >> the business model is deny first and deny again. >> is that right? >> no. and delay and delay. they hope you go away. >> requests for mris, physical therapy. epidural, all denied. >> does that make sense to you? >> it doesn't make sense to anybody. >> it didn't make sense to other injured firefighters either. they contacted the city with problems of their own. >> in the cases that came to us, many of them, the treatment was denied. >> joe angelo was the city's director of human resources. he received 74 complaints from firefighters in the past two years. his team investigated each one. >> they found that there was an opportunity to revisit the decision. >> how many of them? >> 70 out of the 74. >> the city agreed with 95% of the complaints reverse denials made by athens and improved treatment. >> there was evidence clearly that staesub staessubstantiated medical care. >> what did you

i think that the city of san jose has done a tremendous job doing that. parks and recreation, neighborhood services programs throughout the city actually have youth engaged in many different aspects of the work that, you know, happens in the parks and in the community centers. so, i think that all of those things together and the nonprofits that are helping us and helping the city through funding and whatnot, i think that they're all playing a huge role in ensuring that our kids remain safe and stay safe. damian: and we have video, and the video's gonna show the police, obviously, in action, the gang unit, but also it's gonna show some video of target, because target has stepped up and given some of these youth jobs through the mayor's programs. israel: exactly. you know, a lot of the both nonprofit--our partners in the nonprofit sector as well as the private sector, like companies like target, starbucks, chipotle, they're all also playing a role in keeping our community safe by actually providing jobs to youth. jobs that normally, you know, they wouldn't

the city of san jose is in crisis mode. there are not enough police officers patrolling the streets. >> we have 812 street ready police officers. we have budgeted 1100 police positions. >> reporter: that is far below the staffing numbers in 2009. back then the city had 1400 cops in the department. the exodus is being lanes on a 2012 voter measure. >>> this was a pension modification plan the reduced benefits for city employees including police officers. what you have now is that the police officers here, the benefits and salaries are not comparable to other police departments. >> reporter: this crisis comes at a time when san jose homicides are 8025 year high. >> we're trying to do the best we can given the situation we are in. that is why we are looking at options to remedy a significant shortage of police officers. >> -- >> reporter: on tuesday city council will vote to declare a city this state of emergency. some who are investigating crimes will be back on the street patrolling. the head of the police officers associati

police are trying to figure out what led up to his killing. 34th hom side for the year for the city of san josefour more than the total number of murders last year here within the city limits. bob redell, "today in the bay." >> thank you, bob. >>> at 6:32 this morning. really disturbing accusations against the south bay father. police say his 6-week-old daughter is clinging to life this morning after he severely beat her. >> "today in the bay's" kris sanchez is joining us live from the sclars county main jail where the suspect remains behind bars this morning. kris, today he is expected to face a judge. >> right. when that father faces that judge accused of hurting his own child it will not be the first time that he is accused of felony child abuse. that man is 32-year-old matthew zabala of san jose here at the main jail. his bail set at half a million dollars. arrested at the family home in burbank on tuesday and, again, those charges are felony child abuse and felony domestic vi violence. the baby is in critical condition. she has 14 different fractures including one in her skull that doctors

these men are number 32 and number 33 homicides for this year in the city of san jose. last year in 2015, a total of 30 people had been murdered and here we are in the of august and they've already, unfortunately, surpassed that total. >> i think every homicide is important to a city, its citizens, and the police department. i don't draw a number of conclusion from the number being higher ee eer or lower. what lead to the homicide is unknown. we may know, eventually. if we do, we can put that information out. >> and police tell us, again, they are looking for the people who shot and killed these brothers. they might be able to get some more information out later this morning in terms of a suspect description. reporting live in san jose. bob redell. today in the bay. >> thank you. >>> it's 6:03 and new this morning san francisco police looking for a man who bit off a bartender's finger. police just released this surveillance video overnight. take a look at the suspect. officers say the attempted to enter a bar on lumbar street after closing last month when the bartender t

the city of san jose farmed out half the worker's compensation program to contain costs and improve servicered workers. treatment approved for years suddenly stopped. >> the business model denied first and denied again. they hope it goes away. >> the requests for mris, physical therapy, epidural and medical consultations denied. >> does it make sense? >> it doesn't make sense to anybody. >> it doesn't make sense to other injured firefighters either. they contacted the city with problems of their. >> many of them, the treatment was denied. >> the city's director hume on resources received 74 complaints in the past two years and they investigated each one. >> they found there was an opportunity to revisit the decision. >> in how many? >> 70 out of 74. >> they approved treatment. >> there was evidence that substantiated the need for additional medical care. >> what are does it say that the city has to overturn decisions made by your company? >> that's not unusual for a decision to come down and further discussions to be had. >> heather leads the worker's compensation units. they are used in a

the fire has grown to 89 square miles, which is exactly half the size of the entire city of san jose. several evacuation orders were lifted or downgraded to warnings this afternoon. the fire is now 45% contained. >>> the coal fire in yolo county has scorch effort more than eight miles and 50eus% contained. firefighters are making progress and have been able to build and reinforce containment lines near the city of winter. she fire shut down a stretch of highway 128, which is expected to re-open today. >>> the latest poll from abc news has hillary clinton expanding her lead over donald trump and not just nationwide. reporter scott mcclain has more. >> reporter: we're nearly three months from election day and the democratic nominee is now leading nationally and in key battleground states. the a poll shows hillary clinton with an eight point lead over donald trump, doubling her lead from a month ago. and the swing state polls show clinton ahead of trump. in some places by double digits. new hampshire and pennsylvania has clinton up by more than ten points. clinton's running mate attribut

reporting live in san jose, marianne favro, nbc bay area new ne news. >>> the city of san jose is on the verge of declaring a public safety state of emergency because it doesn't have enough officers to respond quickly to 911 calls. nbc bay area's reporter broke the study on twitter. he's live at city hall where a meeting just got under way. robert, they're talking about drastic staffing changes. >> that's right. they're trying to come up with new solutions regarding the staffing shortage because they acknowledge what they've done so far is not enough. anyone involved in solving the shortage of san jose cops agree, they need more. as of september, only 413 are available. nbc bay area obtained this letter from the city sent to the poa who said the gap will have to be covered by deploying other officers from other assignments back to patrol which means tough unpopular decisions by eddie garcia. >> it's going to mean more closures of units, not investigating crimes, things of that nature. >> reporter: the city may have to declare a public safety state of emergency. >> if the chief tells

city captured him raking leaves last year. he believes it's an attempt to discredit his injuries. >> this isn't a case of fraud. i mean, a building collapsed on me. >> reporter: eight months later, the city of san jose gave him the green light for treatment. now he is pretty much pain free. but not silent. >> i'm going to shed some light on this. it's tragic what is going on. people are suffering out there. >> more than a million californians have open workers' comp cases right now. for more on this story head to our website www.nbcbayarea.com/ investigations. >>> coming up next, in santa clara county social workers are speaking out to reveal concerns about the child abuse hot line. why they say the calls aren't being answered by the right people. >>> we rarely hear from social workers on the front lines charged with protecting the most vulnerable in our community, our children. but two veteran social services employees have shared startling revelations about working conditions in the agency. they say it's having an effect on the kids they serve and they are speaking out. they called after seeing reports last october and say there is more to expose about the child abuse hot line. here is vicky nguye

not sure if the stabbing was targeted or random this the and the homicide of the here for the city of san jose. >>will tran: accused of using stolen credit card to make purchases in sonoma county these are images of the woman captured our surveillance cameras the suspects old woman's purse from a card early friday morning the suspect used one of the stolen credit cards from her purse and multiple stores in petaluma and will information about her identity as acid content the police department. >>will tran: there were still trying to prevent those the people from jumping over the golden gate bridge they teamed up with a national crisis hot line info science and over the bridge open the young people will text for help. >>gabe slate: technology has changed the world to change the way communicate since 2013 the hot line has a change of a 21 million messages with suicidal individuals if you like to help people who are suicidal use of volunteer and applied to become one. >>will tran: the wisconsin this company hopes to find another california location to build one of the family from the resort's anot

. >> the city of san jose will soon see a memorial outside police headquarters honoring fall were officers. the city council approved the project to build the end of watch memorial on west mission street near guadalupe partner. 13 officers have died on duty since the early 1900s, two in the last 18 months. 138,000 dollars has been donated or pledged. they need to raise another $41,000 with a search on for the artist. >> mothers of two victims in last year's berkeley balcony collapse are expected to testify in front of a senate committee in sacramento. a woman whose daughter was killed in the collapse will urge lawmakers to pass senate bill 465. the mother of another girl who was severely hurt, is scheduled to testify. the legislation would allow greater oversite of the construction industry. six students died and seven were hurt when the packed balcony collapsed in june of 2015. >> caltran crews will remove the final truce -- trus on the o bay bridge. the last big steel sections is lowered on to barges in the water and taken to the port to be dismantled for scrap. work begins at 6:30 and i

today the stage is set for action that could result in more police on patrol in the city of san jose. >> grant: exclusively learns as of tonight have or police chief plan has been placed on administrative leave pending a personal investigation city manager not elaborating on nature of the investigation stretta krieger in the bay area 1986 with the san jose police department. the chief on leave they're looking to speak with the chief and we will learn more as soon as we know it. we the >> pam: a better view of a project usgs is working on could help minimize the effects of earthquakes. >> steve:kron four's spencer blake has been digging up details from ground level. he joins us now with the details. spencer. >> reporter:you're gonna get a high-flying view from our drone tonightbut all the scientific action is really happening *underground. geologists realized the damage from that napa quake in 2014.was much worse than their models would have predicted. so now they're figuring out how bad things might getthe *next time an earthquake hits. in the dry grass behind napa's westwood hills pa

that's more than half the size of the city of san jose. lfire says activity remained moderate overnight with some uphill runs and interior burning. evacuation orders have been lifted for several areas. governor brown has declared a state of emergency. >>> the cooler weather over the weekend certainly must have helped the firefighters. is that going to continue? >> unfortunately, it's not. it's going to get a little bit warmer er ier in both of those. we'll get back to seasonal temperatures. it won't get extreme but it definitely won't help them. what's going on in the lower elevations, temperatures 60, winds are light. up at the higher elevations around the cold fire 74 degrees and 42% humidity. unfortunately, the winds will pick up a little bit as we head into the latter parts of the evening hours. gusting to 22 miles per hour at times. but that takes the smoke away from us. down at the soberanes fire, it's 81 degrees with 29% humidity. winds will switch and get gusty this afternoon keeping all the smoke away from us. for us, we didn't hav

it has grown to 89 square miles which is half of the size of the entire city of san jose. several evacuations orders were lifted or downgraded to warnings this afternoon, and the fire is now 45% contained. the colt fire is now being contained. the fire has burned 54 acres since it started five days ago. last night, the authorities reopened highway 528, and thompson highway remains closed. >>> a new poll from the abc news shows hillary clinton graining ground as donald trump is zeroing in on her own words this week. devin dwyer a has more from washingt washington. >> down in the polls, donald trump debuting a new line of attack. >> the people of this country don't want somebody a that's going to short circuit up here. >> reporter: the republican nominee trying to use clinton's own words against her. >> what i told the fbi which he said was truthful is consistent with what i have said publicly and so i may have short circuited it. >> reporter: and so trump pounces as she leads in a new poll, and clinton up eight points and gains among the women, and consolidating the support

look ahead to an exciting and colorful fall season in the bay area arts world but first the city of san jose could declare a public safety emergency as early as next week over a shortage of police officers. the move is necessary to ensure that patrols are staffed. many experienced cut backs since the he recession of 2008. joining me with more on the situation in san jose are are kqed south bay reporter.

look ahead to an exciting and colorful fall season in the bay area arts world but first the city of san jose could declare a public safety emergency as early as next week over a shortage of police officers. the move is necessary to ensure that patrols are staffed. many experienced cut backs since the he recession of 2008. joining me with more on the situation in san jose are are kqed south bay reporter. paul kelly president of the san jose police officers association and san jose's vice mayor. thank you for being on the program. so how severe is the officer shortage? >> we do have an officer shortage in san jose and it's getting more severe overtime but we have to take a look at how this has all happened. it's been a perfect storm. it's been a crisis that's been brewing. we had the great recession and we lost officers due to disabilities and due to retirement and due to disputes over intention and that's contributed to this. and now the police chief is asking us to make decisions to allow him to make the flexibility to staff patrol. i've been making sure. >> how many do you have on street pa

the fire has grown to 89 square miles, which is exactly half the size of the entire city of san jose. several evacuation orders were lifted or downgraded to warnings this afternoon. the fire is now 45% contained. >>> the coal fire in yolo county has scorch effort more than eight miles and 50eus% contained. firefighters are making progress and have been able to build and reinforce containment lines near the city of winter. she fire shut down a stretch of highway 128, which is expected to re-open today. >>> the latest poll from abc news has hillary clinton expanding her lead over donald trump and not just nationwide. reporter scott mcclain has more. >> reporter: we're nearly three months from election day and the democratic nominee is now leading nationally and in key battleground states. the a poll shows hillary clinton with an eight point lead over donald trump, doubling her lead from a month ago. and the swing state polls show clinton ahead of trump. in some places by double digits. new hampshire and pennsylvania has clinton up by more than ten points. clinton's running mate attribut

and nowhere is that more apparent than in the city of san jose. take a look at a video of a building collapsing on top of a fire captain. the weight of the wall crushed his legs, his back, and his pelvis in 1999. the city awarded him lifetime medical benefits to treat the long-lasting effects of his injuries. two years ago, he needed a series of procedures, but the company that handled the workers comp claims for the city decided the treatments were not necessary, so they were denied. >> the business model is deny first. and deny again. >> is that right? >> no, and then delay, delay. hope that you go away. >> tonight, after the olympics, our investigative units sit down with the company that denied treatment for the fire captain and dozens of other firefighters. you'll hear why the company says it's simply following the state's play book. >> still ahead, coming together to help the clinton campaign. a plan of action that volunteers in the east bay to help hillary get to the white house. >> and donald trump supporters also gathering in the bay area

san jose best, o como se llama ahora? israel cangura: the mayor's gang prevention task force, city of san jose. damian: well, you and i were talking off camera about how we haven't seen as much violence this year, compared to maybe last year, years before, out in the streets of san jose. israel: well, i think that in terms of, like, violence,

as you mentioned, this is the 34th homicide of the year for the city of san jose. that unfortunately is four more than the total number of murders for all of last year. reporting live in san jose police headquarter shs bob rebel, "today in the bay." >> thank you very much. >>> staying in the south bay, some very disturbing accusations this morning. infant is fighting for her life after suffering 14 different fractures throughout her body. her own father is expected to be charge with her beating. investigators say that 32-year-old matthew violently beat the 6-week-old girl. he's expected to face formal charges today. in the meantime his daughter remains in critical condition at valley medical center. family members brought her there on sunday after the baby suffered cardiac arrest. zabala has prior convictions for child abuse and serving time in prison for those crimes. >>> the santa clara judge who presided over the stanford sexual assault trial will no longer hear criminal cases. he volunteered for reassignment following his controversial six-month sentence of broc

that's exactly half the size of the city of san jose. you can see new images posted by cal fire. uation orders have been lifted for several areas. governor brown has declared a state of emergency. >>> barring a last-minute settlement you can expect limited services again this week at courthouses across santa clara county. on friday court employees were on the picket line for the third straight day. they're union is trying to bargain for a new contract. court officials say they can't afford the raises that workers like clerks and mediators are asking for. >>> more problems and delays for b.a.r.t. new cars. there's now an issue with the high voltage switch in the car's power supposed polite unit. it could shut down when it gets too hot. around 300 degrees fahrenheit. problems with the same system in b.a.r.t.'s original fleet didn't come up until the cars had been in service for a number of years. b.a.r.t. was supposed to get its first new cars in december. that's now been pushed back to at least may of next year. >>> let's see how warmly you're going to have to dress this morning. n

chris wynn has the story now from san jose. >> reporter: slated for the six acre city owned plot in san jose, a first of its kind project. not everyone is thrilled about it. >> working class poor people in that neighborhood already. and they evoked concern. >> reporter: concern over a plan to convert this area into homes for the homeless. portable homes, in fact, that will house nearly 100 people. the councilman whose district includes the proposed site said he wanted permanent housing to accommodate 1,000 people. his plan was turned down because the project couldn't have been done for four years. >> it would provide a better sense of community, building community versus having a segregated concentratedincome a. >> reporter: instead, this area will be converted by next spring. a quick short term solution praised by a neighbor next door. >> i've been in the solution. i feel like the valley needs more opening houses for the people that don't have help. i definitely agree with that. >> reporter: some homeless advocates say it's an encouraging sign. >> a program like this is necessary. anything that's meeti

. >> conservation measures in the '90s when recycled water became available in the city of san jose and started with the conversion of the campus central plant cooling tower. >> the campus fountains have been brought into the water conservation effort as well. >> you'll notice on campus that we have turned off all of our fountains so the public displays of water usage. >> some of the ways everyday people can make a difference is by turning off the water when brushing your teeth and getting low flow shower heads. every drop saved for a rainy day especially if that rainy day doesn't come. >> when we come back, we'll sit down with environmental professors and water conservation specialists looking at ways we can be involved with recycled water. stay with us. [ music ] welcome back to this edition of equal time. today our focus is on water conservation. let's get an update on what's being done. let's meet our guests. >> my name's pat ferraro. i'm a lecturer in the environmental studies department, a graduate of san jose state from 1970, and i was also on the santa clara valley water distric

. >>> and the city of san jose is looking for 400 drivers to participate in a test program involving the six month program revolves around a new app that tells drivers when a red light will change. it tells you how long in seconds the red light is and beeps at five seconds to get you focused again on driving. organizers believe the app will translate into safer driving and less stress and more fuel savings. >>> scientists have unraveled the mystery of how sunflowers follow the sun. circumstance aidy an with adult plants that only face east morning, noon and night. >>> and look at this massive waterfall in china. it is fed by the yellow river. and it reaches the maximum flow during the flood season. normally about 100 feet wide, it could swell up to 160 feet. it drops down almost 100 feet. and by the way, hooka means mouth of a teapot. >> looks like a dragon. that almost looks fake. we're here to talk about the weekend forecast. >> sandhya patel is here with the latest. >> that was just spectacular. i have an equally spectacular view behind me. nothing but bright skies right now. mild

day festival in san jose has just been postponed and organizers are blaming lack of police protection. matt keller has the details. >> reporter: there's a beef full of bacon in the cityse. originally scheduled for labor day weekend has been postponed along with the breakfast on the holiday monday. >> we got a letter about 2 1/2 weeks before our event saying there wasn't enough resources to put it together. we looked into it and found out it was a police issue. >> reporter: ryan sebastian is on thor of movable feast and said they were forced move it to mid-october after a person with the city he did not want to identify, told him the police department did not have enough resources to provide officers over the holiday weekend. that would make sense since san jose police are facing a major officer shortage and thinking of moving dozens of detectives back to patrol. they said it was not true and the plans were sent in 20 days late and the denial was due to time constraints not officer shortage, however he shows this application sent to an event coordinator july 8th and his application form signed june 25th. he said it's obvious why the bacon festival was postponed. >> yo

essentially would allow the police chief to work around some of the terms of the contract between the san jose pl police officers union and the cityf san jose. take a look at why this is necessary. the sjpd has 176 fewer police officers than it did just five years ago. these numbers from the city manager. because of that san jose police officers are already working mandatory over time. the average is about extra five hours. some officers have taken to sleeping in rvs on city property because they say the turn around isn't long enough for them to get back home. look at the message sent to sjpd officers on saturday. swing shift is shorten officers. by the way, the day shift was 11 officers and four sergeants short as well. so this state of emergency would allow the chief to shift 47 officers to patrol, all together without asking for volunteers. it would bypass bidding to ask them to choose other than patrol. the department would still be understaffed. >> we're going to do everything we can to move regulatory obstacles or any other obstacle to enable him to do what he needs to do to keep the community safe. but we all know this is j

of. on the canvas and in life. don recently got a degree in art from san jose city college. his exhibition will run through september. garvin thomas, nbc bay area news. >> as always, if you know of someone doing something nice for others, garvin would love to hear from you. please go to our website, nbcbayarea.com, and search bay area proud. >>> it is 7:26 right now. we have much more ahead on "today in the bay." coming up, saving lives. we'll tell you about the new device that could prevent drunk drivers from getting behind a wheel. plus -- >> when the phone rings, my heart drops, because there's only a few reasons that i get that call. >> why san jose's police chief says he has a hard time sleeping at night. our exclusive interview about the serious problems plaguing the department. take a live look outside...... (adlib) >>> welcome back. it 50e7s:29 on your saturday morning. a live look outside san jose from communications hill. meteorologist anthony slaughter says it will be another cool day. we saw a little cooldown yesterday, andist will continue today. >>> thanks for j

highlight a major staffing problem that forced to work overtime sometimes up to 17 hours for the city of san jose're not and of his office patrol in the streets we have a hundred 123 ready police officers and we have budgeted about 1100 police positions thus far below the staffing numbers in 2009 when you have now is that the police officers here the benefits solid that they have not come parable to other police departments in california it comes at a time when sam was a homicide at a 25 year high on tuesday san jose's city council will vote on whether to declare a state of emergency that allow the police chiefs to change of the assignment some more investigating crimes to be back on the streets patrolling the city has academies and a total of 90 officers are supposed to graduate each year that give you a sense of how major the staffing problem really is. >>marty gonzales: 0 we are visiting the blood center in san francisco and we have that story. >>dan kerman: most blood centers prospective donors that acts and they are the sexual partner have traveled to a high-risk area like latin america and

the city of san jose is in crisis mode.there are not enough police officers patrolling the streets. >> we have hundred 12 street ready police officers and we have budgeted about 1100 is -- police positions. >> reporter: that is far below the staffing numbers in 2009. back then they had 1400 cops. the exodus is being blamed on a 2012 voter approved measure. >> it was a pension modification plan that reduced benefits for city employees including police officers. what you have now is the police officers, the benefits and salaries are not comparable to other police departments in california. when san jose homicides are at a 25 year high. >> we're trying to do the best we can given the situation we are in. that is why we are looking at options to remedy this significant shortage of police officers. >> reporter: on tuesday san jose city council will vote on whether to declare a state of emergency. that would allow the police chief to change of officers assignments, some who are investigating crimes would be back on the street pat

but with 4,000 homeless people living in the city of san jose, the mayor and other city council members voted to go forward with building a community for the homeless full of manufactured homes. it will be built on a six acre plot of city owned land. the homes would have bedrooms, shared bathrooms and kitchens. there will be a dog park and community garden there. homeless advocates praise the project, but people who live in the neighborhood have been fighting against it for months saying it's going to make things worse. >> they say they will screen everybody that comes in. how can you truly screen everybody that comes in through their facility? and it's just gonna cause chaos on this street. >> homeless people are people. in an environment where there is dignity, rules, common support where people support each other, homeless people, like the rest of us, thrive. >> reporter: adobe services the non-profit agency that will manage the community. they will provide 24-hour security and on-site case management for the homeless. the location was chosen because it's near transportation and serv

we certainly had our own issues here within the city of san jose. lement measure that i think will put a lot of our own labor challenges behind us. >> let's talk about your city. today is monday, august 8th. so far, according to the last numbers we checked, you had 29 homicide in your city compared to 30 last year. have you sat down with the chief of police? have you talked about this? is this a concern with you? is this not a concern with you? what's your state of the city when it comes to homicide? >> that's absolutely a concern. you know, one homicide is one homicide too many. although just about any another major city would be envious that san jose has low numbers of homicides, we know that's a high number for us. and that's why we're laser focused on additional patrol cars, particularly in gang impacted neighborhoods. we are seeing how we can get to the kids before the gangs do. we are really laser focused on trying to get more police officers out on the streets. that's going to be a critical issue as we turn towards november with this pension r

in san francisco, tara moriarty, ktvu fox news.>>> city of san jose has taken city of santa clara tocourt over 6 1/2 billion dollars project in santa clara. it's meant arrival --'s it is claimed that the projects housing impacts have not been examined. >>> allegations of excessive force against the bay area sheriff's department. the lawsuit filed over how deputies subdued a suspect. >>> rosemary orozco is tracking a cooling trend. she will have the full forecast right after this. >>> the man beaten by alameda county deputies have filed a lawsuit claiming excessive force. two deputies have been charged with assault on petrov after video beating it -- beating him at the end of a car chase. the third deputy was fired last friday after video caught him holding what appears to be a gold chain that belonged to petrov. a homeless couple told ktvu they were given that gold chain as hush money because they witnessed the beating. he is currently in custody.'s attorney says that drugs history does not excuse what happened.>> this could not have happened without a really corrupt culture in that

unfortunate thing to say but it is the truth. >> reporter: 33 people have been murdered in the city of san jose this year so far. that's three more than the total of last year. reporting live here outside san jose police headquarters, bob redell, nbc bay area news. >> the roof of the ferry building caught fire. can you barely see the white smoke here in the picture, above the building. the fire started in the vent above the bakery. roads around the building were closed. no one was hurt. >> all right. i get that it wasn't serious. sfpd is releasing new surveillance video of the suspect accused of biting a bartend ear finger off np is outside of a bar that already closed. the suspect is still not in custody and police are kuling on public health to find it. >> joining us live from sfpd and just spoke with police. this is the one that i have to say we have not heard of before. what are police saying about it? >> good morning. they are calling it a pretty brazen attack by the suspects and while that surveillance video they just released doesn't show the actual attack, it gives us a good visual of t

gunman sped off in a candy apple red suv with gold rims. >>> people in san jose will have a chance to get off the streets because the city ofan jose approved a project to build a community of modular homes for them. ktvu's janine de la vega live this morning in san jose to tell us about this controversial project. janine. >> reporter: mike, we have seen a lot of children walking to school this morning, and parents are worried about their safety, and that is because this new community for the homeless is going to be built here on the field that you're looking at. it's a six acre plot of land on evans lane near willow glen. here is what one woman told us this morning. >> i support homeless people and i care about their well being, but to put something over here, especially so close to apartments where there is small kids and little kids and you just don't know what we're getting. so unsafe. >> reporter: it was a packed meeting last night in the city council chambers. people from the neighborhood asking city leaders not to allow this project to go forward, but the council voted to approve this proposal, which would allow for m

san jose. the transportation agency has awarded $20 million to the city of san jose and it will complete the veryxpensive six mile extension from the future berryessa bart station to santa clara and more money could flow in to pay for the $4.7 billion extension. in november, the voters will decide whether for approve half cent sales tax increase. >> the son of drug lord joaquin "el chapo" guzman is missing, and why he could be the victim of a kidnapping. >> a hunter defending herself this morning after photos of her hobby went viral prompting outrage and death threats. >> a look at southern california this morning, what an incredible shot from our sister station in los angeles, a lot of the ron we are seeing this bright orange is because of the massive fire that continues to burn in san bernardino county, so far, more than 82,000 people have eva waited because of the spreading fire that is zero percent fire that is zero percent contai there are a lot of ways to pack your breakfast with protein. but the most delicious way is to just add milk. nature valley cereals. at least 10 grams of protein wit

our investigative unit found nowhere is that more apparent than in the city of san jose. uilding falling on part of a fire captain. the weight of the wall crushed his legs back and pelvis. this is back in 1999. the city awarded him lifetime medical benefits to treat the long lasting effects of his injuries. two years ago he needed a series of procedures but the company that handles workers compensation claims for the city decided the treatments weren't necessary and denied them. >> the business model is denied first. and deny again. >> is that right? >> no, delay and delay. in hopes that it will go away. >> tonight after the olympics our investigative unit silts down with the company that denied treatment for the fire captain and dozens of other fire injuries. >>> now, to controversial tech executive garbash. he plans to fight a jail sentence handed down yesterday. san francisco judge ruled chahal violated his probation. surveillance video in that case captured him punching and kicking his girlfriend but that evidence was thrown out when the judge ruled the footage was ill

jordan says the plan carries pluses and minuses. >> that can be seen as nationwide the entire city of san josein turmoil and things are very chaotic. i am not sure that is the right message you want to send to the nation. i completely understand why they are doing it. as i mention it gives the chief more resources to put onto the streets. >> this comes as measure f is appearing on the measure ballot. it would remove rules that would have to be approved by san jose voters in 2012. >>> a popular landmark is under threat from a wildfire. hearst castle has been closed as firefighters work to keep the flames away. kpix 5 reporter devin feeley has been live all-day. >> pursed castle is on the hilltop behind me, behind that is another hillside where they fire is actively burning. all of the efforts are focusing on a singular goal to make sure the fire and flames never reach hearst castle. >> the plan to protect hearst castle is to fight fire with fire. >> they put fire on the ground against a containment line in front of the main body of fire. >> all day long helicopter after helicopter has dropped f

more details about the cuts are expected to be announced in the next few weeks. >>> the city of san jose and some neighbors are at odds overdue wells plans to house the homeless -- over dueling plans to house the homeless. one would be trailers on a vacant lot near 87. the other a high-rise apartment with affordable housing that would take years to build. both have neighbors concerned about a spike in break-ins. advocates saying giving the homeless shelters and providing them with services is humane and will reduce crime. >> people are living outdoors as it is. so if you can build something quickly you can take people off the street, off the creeks, off the freeways and put them into housing. >> it's estimated that more than 4,000 men and women already live on the streets of san jose. >>> a big victory for the medical marijuana industry. a federal appeals court in san francisco is giving growers and users new protections. the court has banned the justice department from prosecuting medical marijuana cases if no state laws were broken. that includes those who grow it, supply it or use it.

. >>> the city of san jose is on the verge of declaring a public safety state of emergency because it does not have enough officers to respond to 911 calls. nbc bay area's robert handa broke the story on twitter hall. he is live at city hall. robert. >> reporter: well, that's right. the police department, the police union and the city officials have just met. in fact, they were with meeting for about two hours, and that meeting just ended. some of the representatives came out and expressed optimism. it was by most accounts a productive meeting at city hall, tempered by the vast staffing problems ahead. >> the chief's office, the city manager and us will work collaboratively through the next couple of days in order to restore staffing as fast as we can. >> reporter: everyone involve in trying to solve san jose shortage of cops agree at least 500 full-duty officers are needed to staff the patrol division. as the department heads into its september rotation shift of officers, only 413 are available. nbc bay area penned this letter from the city sent to the poa which says the gap will hav

. >>> the san jose city council expected to approve a state of emergency declaration that could help with the city's police staffing shortage. if approved, it will allow the city to suspend some parts of the union contract and allow them to move 50 detectives all caps off of specialized -- of specialized positions at the gang task force and assign them to patrol the streets. staffing minimum this 500 and right now there are only 420 officers. assignments will chance -- change september 11 if the -- if the declaration passes. >>> a judge is in the center of a recall effort over his ruling on the book -- brough turner sexual assault case, he has launched its own website to fight the recall, he asked for support and rights -- writes in part quote i believe strongly in judicial independence i took -- i took an old oath to uphold the fashion i -- to appease politician. he has a reputation for being here to both sides and he asked to be removed from the criminal faces after the controversy surrounding his decision to sentence brough turner to -- sentence brough turner to six months. he wil

it might not look like much but this vacant lot, owned by the city of san jose, is a battleground. e that will test the city leader's commitment to finding solutions for homelessness. >> the homelessness crisis in this city is urgent and it demands we act immediately. we can certainly talk about what we want to build five or six years from now but that's not going to do anything about the fact that there is 1000 people in our parks and streets and creeks. >> reporter: the city has dueling plans, one involves building trailers for the homeless in the next year. the other is a high density apartment complex with some affordable housing. that could take five or more years to build. neighbors say they are concerned about the impact of either project. >> how is it going to affect the crimes that have been going on? constantly having to look over your shoulder to see if someone is trying to break into your car. >> reporter: but homeless advocates say more than 4000 men and women already live on the streets is -- of san jose. providing services for them is not only humane but might reduce

. >>> back here at home, the city of san jose and its police department is scrambling to get more police officers out patrolling the streets. and, just to reassign detectives on police patrols. janine is at the headquarters tell us more about this. >> reporter: well, they are in desperate need for officers as you can see, they what the signs as they are now hiring. just to give you a little bit of a perspective the number i am hearing is that you would need to hire about 170 officers every year for the next six years just to get to 1400 officers. that's what we need -- that's what we had in 2008. that number is taking into account officers leaving and retirements each year. now, the reason for all of this is that this is where officers are needed the most in patrol, they need a minimum of 500 for that duty but when it came time for officers to bid for ships only 400 when it came time for officers to bid for ships only 413 officers are available. there are now considering moving around officers to patrol. that means that there will be more focused on the streets, less detectives investiga

in 2013 the city of san jose farmed out half its workers compensation program to the company to contain costs and improve service to injured workers. for him, treatment approved for years suddenly stopped. >> the business model is deny first. deny again. >> reporter: is that right? >> no. delay. delay. they hope you go away. >> reporter: requested for mris, physical therapy and epidurals and medical consultations, all denied. does that make sense? >> it doesn't. it doesn't make sense to anybody. >> reporter: it didn't make sense to other injured firefighters either. they contacted the city with problems of their own. >> in the cases that came to us, many of them, the treatment was denied. >> reporter: joe is the city's director of human resources. he has received 74 complaints from firefighters in the past two years. his team investigated each one. >> they found that there was an opportunity to re-visit the decision. >> reporter: in how many? >> 70 0 out of 74. >> reporter: the city agreed with 95% of the complaints. reversed denials and approved treatment. >> there was evidence clearly

that is exactly half the size of the city of san jose. can see the new images posted by cal fire. evacuation orders lifted for several areas. governor brown has declared a state of emergency. >>> a former san mateo police officer accuse of sexually assaulting several women while on duty. scheduled to be of in court today. noah winchester pleaded not guilty on charges of rape, kidnapping and sexual battery vl having five vick i'm the, including one that was only 17 years old. today winchester's attorney is trying to get his bail reduced from $3.1 million. we'll also expect to find out the day for his preliminary hearing. >>> union representatives tell abc 7 news that court employees in santa clara county will be striking today for the fourth straight day. that means you can expect limited servic again at courthouses across the county. the union is trying to bargain for a new contract after eight years of no raises. court officials though say they just can't afford the raises that workers like clerks and mediators are asking for. >>> before

are moving from the original dates because there are not enough police officers here in the city of san jose. check out the website for the festival. the 4th annual event is supposed to take place labor day weekend but in when you buy tickets are the dates are mid-october because san jose police told the organizers they do not have the available resources to help during the holiday weekend. another festival by manufacture -- by movable feast has been postponed. the lived has a major officer short am and is considering moving dozens of detectives back to patrol. the police union wants the city to declare a "state of emergency." the festival organizers are offering refunds for those who bought the labor day weekend dates and cannot attend in mid- october. >> san jose police are looking for six suchs who are still on the run after a major crackdown this week on vietnamese street gangs. the sweep results in two dozen arrests including a member of the police department, officer derrick antonio is on leave for providing confidential law enforcement information to the members of a san jose criminal