kpix 5's devin fehely reports. >> where are they going to go? >> reporter: eviction without a conviction, opponents blasted a proposal being considered by the san jose city council that would allow landlords to evict any tenant who has been arrested but not convicted of a crime. >> if anybody is completely related to your house whether it's like a guest or somebody in your house, um, even gets arrested, they don't have to get convicted, then you're evicted. >> reporter: his plan would allow police to notify landlords when a attend has been arrested for a serious crime like assault or selling drugs. the councilman believes the program will cut crime and make communities safer. >> the fact of the matter is, in most of the cities that are using this program, crime has gone down more than 30%. we're empowering the community to report crime. >> reporter: but opponents fear the program if passed could lead to a tidal wave of evictions and up ends one of the cornerstones of the justice system that someone is innocent until proven guilty. >> there's a l

as kpix 5's devin fehely reports, some of those patients are in intensive care. >> reporter: that's exactly right. now, the health department has shut down the restaurant ever since they discovered an outbreak of the shigella bacteria. there have been 40 confirmed cases so far just under a dozen severe enough that they had to be treated in the emergency icu. the health department says that they are working now to try and figure out how these people caught this disease but they say the most likely culprit is that someone on the restaurant staff was sick with the bacteria and didn't adequately wash their hands after using the restroom. >> shigella is a bacteria that causes diarrhea. so someone ill with shigella and diarrhea can spread the infection if after using the restaurant don't wash their hands and then prepare food or care for someone. that's how the bacteria is spread. >> reporter: health department officials say that this bacteria is highly infectious. right now they are trying to limit the spread to other people that may have come in contact with the people who were sickened here at

in san jose, devin fehely, kpix 5. >>> golden state warriors returned to the court tonight. this is the first game since winning the title in june against the cleveland cavaliers. a preseason game will be played at the sap center in san jose. they are taking on the toronto raptors tonight. the regular season will start in three weeks. >>> heavy rains leading to flash flooding oppressive salad -- southern california. this afternoon streets turn into streams in la county that the water covering entire neighborhoods. back east, president obama is declaring parts of southern -- south carolina, rather a disaster area after some of the worst flooding in state history. 20 people have died in the carolinas but there is concern the number will rise. several people have had to be rescued from submerged cars and flooded homes. now i dam has been breached threatening more homes. 1300 national guard's group have been activated to help respond to this historic storm. >>> a cargo ship carrying 30 people including 28 americans likely sank in the bermuda triangle during hurricane joaquin. wo

kpix 5's devin fehely tells us about the federal lawsuit. devin. >> reporter: yeah. the federal investigators say that the three women who they filed this lawsuit on behalf of had two things in common. they were all better qualified than the woman who ultimately got the job and significantly older. the lawsuit alleges there is reasonable cause to believe that the city passed over older better qualified candidates because of their ages. >> our contention is that she was not as qualified as the three older women who were well into the protected age group. >> reporter: the lawsuit stems from the 2012 hiring of an executive secretary for milpitas city manager john williams. federal investigators say an independent three-person panel interviewed and evaluated potential candidates for the $95,000 a year job. but without explanation, williams hired a 39-year-old woman passing over 55, 57 and 58-year-old candidates who performed better in the interview process. >> he is going to undoubtedly contend she was better qualified. we believe that's a pretext for discrimination and

kpix5's devin fehely shows us their harvest is pot. >> reporter: last year was a bust for this medical marijuana literally. he said armed commandos dropped from the sky and chopped down his garden even though he was growing 20 25 plants even though the he was in the mend seen owe. >> no -- mendocino. >> no indication of law enforcement at all. >> reporter: dozens of other growers same the exact same thing happened to them. >> there was no paperwork, no copies of any warrants. >> reporter: rumors were running rampant. was it guns for hire or a private security company? after all, with no official documents how could it be without the police or sheriff's department. >> there's a doctrine known as the open field doctrine. >> reporter: the mendocino county sheriff said the law allows you privacy in your home and immediate surroundings, but beyond that if it's not clearly associated to a house or a cbs, then they have the legal authority -- residence, then they have the legal authority to eradicate it. >> when you have judicial oversight, you have to file those with the court rather than in

but now kpix 5's devin fehely says even people who didn't eat there are getting sick. devin. >> reporter: doctors say that shigella is highly infectious and what that means is that on a microscopic level, it really only takes a few of the bacteria to make someone sick. so if you ate here friday or saturday night, got sick a day later, didn't realize what you had or how serious it was, and you made a meal for someone else, you will likely expose them to the disease. >> it's fever after fever. it's throwing up, diarrhea. >> reporter: miss hernandez and her son and husband got sick a day after eating at marisco's in san jose saturday night. they are one of nearly 100 people, 93 to be exact, sickened by a stomach bug known as shigella. >> we are now at the point in the outbreak where we're starting to see some secondary infection but we don't have an exact number at this time. >> reporter: the health department is busy trying to identify the so-called patient zero likely an infected employee of the restaurant who didn't adequately wash his hands after using the bathroom and

but right now, kpix 5's devin fehely is going to show us today's action in the sky. devin. >> reporter: yeah. that's exactly right. now, the crowds really have thinned out quite a bit since this afternoon's performances ended but earlier today, people were lined up thick along the marina. the big draw obviously was the blue angels. but if you missed them today, don't worry, you still have several more chances. it's one of the bay area's most beloved traditions. and on a picture-perfect day, thousands flocked to the marina to enjoy the high-flying acrobatics for which fleet week is known. >> i think it's suggest don't see every day. -- i think it's something you don't see every day. and to have it this close over the bay it's a memory-filled afternoon. >> reporter: lee cooper and family arrived early to secure a prime spot to watch everyone's fan favorite. >> the blue angels. >> i love the blue angels. >> that's the highlight for sure. >> reporter: the angels didn't disappoint. >> i saw this plane up in the sky. >> is he going really fast? what was it doing? >> it was

devin fehely, kpix 5. >> homeland security gave a grant for this seminar. there will be another meeting this month. >>> we looked at the fire power on the streets of oakland. fbi agents and police raided this home in west oakland. inside, they found three semi- automatic rifles, a 100 round ammunition drum and more than a pound of marijuana. they arrested five suspected gang members. a neighbor says the neighborhood is usually pretty mellow. >> it's never been any break- ins or trouble. and so it's a community. so if people are -- people know you, you don't get into trouble. >> raids were carried out in antioch, vallejo and sacramento today part of "operation cease- fire." >>> tonight for the first time we are hearing from people know the 16-year-old benicia boy arrested for killing his family at their cabin in the sierra foothills. da lin is near the crime scene with el dorado county. >> reporter: the fbi and sheriff's department locked the gate to stop people from going to the cabin down the road. prosecutors will charge the 16- year-old suspect as an adu

kpix 5 devin fehely on how san jose's mayor is looking to help the businesses in the construction zone. devon? >> reporter: imagine have a construction zone on the doorstep of your business for over one year and as you mentioned, to learn that the original contractor had been fired and the work that could drag on for months, if not more than one year. this is what the project is supposed to look like by now. a special express lane for buses only connecting east san jose to downtown. but this, a maze of orange cones and idle equipment. it's a grim reality of a project that seriously is over budget and behind schedule. caught in the middle of it all, business owners. >> people do not want to stop by our drive into the parking lot or deal with the mess works business owner says he was prepared for the inconvenience of struck -- construction until several months ago the work came to a standstill. >> it was a mess. there were pipes, equipment, rocks. >> reporter: valley transportation authority says they shut down the project at the contractor ruptured a gaslight. they says fire the contrac

our devin fehely is live from san jose to tell us how so many got sick. devin. >> reporter: the size and the scope of this outbreak has risen sharply throughout the day doubling from 40 to 80 confirmed cases. the health department so far has not been able to pinpoint exactly how the food became contaminated. however, all of the cases involve people who ate at morris ceo's restaurant outside downtown san jose friday or saturday night. the customers doctors say were sickened by the shigella bacteria likely spreading from an infected employee to food and then customers. doctors say this bacteria is highly infectious. it causes intense stomach upset. once a customer says the three days since she ate at the restaurant with her family have been horrible. >> horrible. we can't sleep. it's fever after fever. fever, upset, diarrhea. we can't throw it out. it's too much. >> reporter: this outbreak is extremely serious. so far, at least a dozen people have been treated in the icu with severe symptoms and the message from the health department, if you ate at this rest

kpix 5's devin fehely reports. >> reporter: it's a costume or uniform you really need to pay attention to. if you are planning on celebrating halloween in santa cruz this year. >> we have all hands on deck this weekend. we'll have well over 150 officers present in the city. we want everybody to have a happy safe halloween. >> reporter: the real police officers will be handing out fines for anyone who gets out of line during the celebration. >> fines are expensive and we use them as a deterrent to model good behavior for our santa cruz visitors. >> reporter: the santa cruz police department released a public service announcement to help get the word out encouraging revelers to celebrate the holiday but responsibly and those 150 officers will be out writhing triple fine tickets where the amounts you pay are three times the normal rate. littering will be $288. having an open container of alcohol nearly $500. graffiti, urinating in public and trespassing will cost $576. santa cruz resident olga says the fines should keep people in line. >> i don't know how many people know but if you're aw

devin fehely found out who could end up paying for it when it's all over. devin. >> reporter: well, imagine how much it might cost if you had to spend several days in the icu and you missed work to boot all because you ate contaminated food. the size, scope and potential cost of this outbreak continues to rise and in the end, many think it will likely end with lawsuits. >> i can't go to work. my son can't go to school. and it's just taken a toll in our life. >> reporter: missed work and mounting medical bills is part of the aftermath of the shigella outbreak that sickened dozens like yazmin hernandez who ate at san jose's marisco's san juan restaurant saturday night. >> we can't sleep with fever. it's throwing up. >> reporter: the health department says it was likely an infected employee who didn't properly wash his hands before preparing food who is responsible for causing the outbreak. kpix 5 legal analyst judge ladoris cordell says that scenario would leave the restaurant's other than on the hook for medical bills, missed work and more. >> a restaurant ow

their lawyer tells our devin fehely: they claim they were passed over.. in r of a younger woman. it was a plum position... pg 95-thousand- dollars a year. but milpitas city manager ts williams' decision to hire a younger.... and arguably le qualified candidate for his executive secretary... has him the target of a federal discrimination lawsuit. @ t lawsuit alleges there is "reasonable cause to believ ... the city passed over ol better qualified candidates "because of their age." investigators say in 2012..e city formed a three- person panel to interview and eval potential candidates... but didn't hire the three women. all in their mid to late 50 who'd scored highest in the interview. @ the equal employment opportunity commission is seeking back y and lost wages as the case s to federal court. devin feh kpix5. the e-e-o-c says it first t to negotiate a settlement wh the city -- but failed. the city -- but failed. another bay area library is closed because of bed bugs. menlo park's library closeds doors yesterday after the parasites were found in the building. the pests were crawl

first up kpix 5's devin fehely with the crowds that turned out to watch the blue angels' final practicedevin. >> reporter: yeah. the people that lined the marina this afternoon had a front row seat to a pretty spectacular show. most of them came out to see the blue angels as you might imagine. if you missed them today, today's perform was largely a warmup for this weekend. ask anyone along the marina for fleet week hot undisputed fan favorite -- who the undisputed fan favorite is and you're likely to hear. >> blue angels. >> blue angels. >> reporter: so they came to the waterfront looking for the blue angels and the power and precision that made them world famous. >> watch them flying back and forth in front of to you hear the power of the jets, it really makes your heart proud. >> it's their talent, what they're able to accomplish. it's -- a little bit of it is our military might. >> reporter: fans came from across the bay area for fleet week. victor mendoza drove up from san jose with his family to see the blue angels for the first time in person. >> it's spectacular acrobats they do.

devin fehely, kpix 5. >> the eeoc says it first tied to negotiate a settlement with the city but failed>>> blue angels are going to be practicing today around noontime. the skies are going to be bright and blue. right? >> they are going to be maneuvering around the bay between 2 and 4:00. what happens at noon? there's a kissing booth? >> just kidding. >> we were -- >> making plans. [ laughter ] >> all right. >> there is no sailor kissing booth on any of the piers. >> killjoy. >> i'm sorry. >> good morning, everybody. >> not a bad idea. >> heading outside. we have blue skies for the blue angels already. we are beginning to see sunrise as we peer out towards the bay waters. we actually have touring of the ships today beginning at 10 a.m. temperature-wise in the 50s and 60s. if you want a complete fleet week schedule you can visit us online at cbssf.com/fleetweek. 50s and 60s out the door this morning. later today warmer than yesterday up to 70 in pacifica. cool spot will be half moon bay in the mid-60s. 70s, 80s peninsula. 86 degrees morgan hill. low 90s tri-valley. meanwhile for the bay

in milpitas, devin fehely, kpix 5. >>> the equal employment opportunity commission tried to negotiate settlement with the city but could not do so. >>> we have new information tonight about the ongoing investigation into the guards at the santa clara county jail. as kpix 5's len ramirez has been reporting, this started with the arrest of three guards accuse of beating an inmate to death back in august. >> reporter: the fbi confirmed that it is investigating the two most recent inmate death cases here at the santa clara county main jail and kpix 5 has learned that the investigators are also looking into at least one other case of inmate abuse in which the inmate survived. the fbi said it got involved in the michael tyree murder case after receiving a complaint from the mother of an inmate who claimed to have witnessed the incident on august 27 in which tyree was allegedly beaten to death by three correctional deputies. the fbi is working alongside sheriff's investigators but its federal investigations are independent and separate. len ramirez, kpix 5, san jose. >>> dozens of kids in co

san jose devin fehely, cbs5. >> officials say the drones are not only pestering airports, they also got in the way of air crews battling the wildfires this summer. >>> san francisco police chief hearing about the officer involved shooting, the 207-year- old man was killed thursday. -- 27-year-old man was killed thursdays. witnesses say he had been throwing bottles and when officers told him to stop, there was a struggle. the chief said benitez went for the gun and the officer fired. his friend said that's not the man she knew. >> my heartbreaks for you. my heartbreaks for hubert. i knew him personally and his mom. the hubert that you're describing is not the hubert i knew when i would see him tuesday nights in bible study. >> she coal the crowd the officers involved -- told the crowd the officers involve have decades of experience. there is investigation continuing into what happened. >>> a rally kicked off the start of a union vote. talks have stalled over a salary increase. the faculty wants 5%. the administration is offering 2. >>> the number of electric cars on the road growing ever

in san jose, devin fehely, kpix 5. >>> new details in just the last hour about possible suspects that might be connected to a hiker found killed on a popular marin county trail. our joe vazquez is in fairfax with some videos just released by the sheriff. joe. >> - >> reporter: veronica, behind me you can see search-and- rescue crews are wrapping up here as the sun is setting. this is a tight-knit community not very common to have murders in the least. so what the sheriff's department says is people called in and said folks were suspicious. three individuals who were caught on camera. >> the marin county just released this surveillance video from a nearby convenience store. it shows two men who detectives describe as persons of interest. people they want to talk to who might know something about the homicide. one other person may have been with them but is not pictured in the video. steve carter was hiking on the trail according to the sheriff's department when someone shot him last evening. then shot his dog. then stole his car. >> sadly, what they found is that dog was still held by

kpix 5's devin fehely on the county that saw a sudden slowdown in job growth. >> reporter: after five years when it seemed like nothing could slow down the bay's booming economy, santa clara county arguably the heart of silicon valley experienced an unexpected bump in the road, job losses. >> september was a really bad month. the region lost some jobs mainly in santa clara county and i would treat it as a total aberration. >> reporter: according to california's employment development department, santa clara county lost roughly 4100 jobs in september. overall, the bay area added jobs, just under 3,000 last month. >> i have a feeling that it's more of an anomaly than it is a trend. >> reporter: silicon valley leadership group ceo karl guardino says at last no reason to be alarmed by the job losses. the economy and technology in particular he says remains remarkably strong. >> i really look at september after 60 straight months of booming tech growth and how that's risen most nontech jobs as more of an anomaly. >> reporter: despite the job losses, unemployment in santa clara county was j

devin fehely, kpix5 news. >> the eeoc says it first tried to negotiate a settlement with the city but failed. >>> this will make your skin crawl. tonight another bay area library is closed because of bedbugs. menlo park closed its doors after the parasites were found in the building. those pests were crawling all over a chair. this is third week in a row that bedbugs have been found in a public library on the peninsula. the previous two times they turned up in palo alto. >> i'm wondering why. imthought it was an isolated incident, but every day it seems that there's another library that has them. >> the library spent the day getting rid of the bugs and will reopen in the morning. >>> tomorrow volkswagen's top executive is supposed to testify on capitol hill in the smog scandal. the company recalled millions of cars because of software that cheats emissions tests. vw plans to start fixing the cars in january. the automaker estimates it could take a year. some vehicles will get new software. others will need new parts. >>> get ready to see a lot more solar panels and wind farms after go

kpix5's devin fehely says that's what police on the central coast are trying to figure out. the 10-foot tall statue of saint junipero serra overlooking monterey harbor has lost its head. >> i was greatly saddened. >> dennis copeland, a historian for the city of monterey, says the sculpture has been in the lower presidio of the park since 1861. >> it depicts the father serra arriving and this statue depicts a history of monterey and early california. >> but yesterday morning the statue was found decapitated and this isn't the first time that serra has been targeted. last month at the carmel mission a statue of father serra was torn down and splattered with green paint just days after pope francis made him a saint. serra has been targeted by some native american groups who criticize his treatment of their ancestors. still historians say the statue is an important piece of public art and hope that it can be fixed. >> what we have to do is go on, repair the somewhat stew and tell the story of it and have people -- statue and tell the story of it and have people enjoy this wonder

in san jose, devin fehely, kpix 5. >>> we are just getting word an american airlines flight that originated in san jose had to be diverted because of an unruly passenger. flight 2232 was headed from san jose mineta to dallas/fort worth when it had to land in phoenix. phoenix police say the crew reported a 26-year-old passenger who appeared to be drunk. this is a photo from someone on the plane. that passenger became disruptive and was restrained. police in phoenix removed the man from the plane but the airline apparently did not want to press charges. no word on his name or origin. the flight continued to dallas. >>> earthquakes keep rattling san ramon today. they have had hundreds since last week. kpix 5's maria medina is in san ramon where the swarm of quakes is the talk of the town. maria. >> reporter: and veronica, add another one to the list. more than an hour ago, 1.5 magnitude quake hit san ramon. people have been stopping us all day asking if we are covering the earthquakes of the it's definitely what people are talking about. >> fairly an atmosphere thing but maybe it's something t

in san jose, devin fehely, kpix 5. >> the cdc says symptoms can take a week to appear. there are three marisco's san juan locations in san jose. officials only closed down the restaurant on 4th street. >>> a los gatos restaurant has not just risen from the ashes. it's soared. >> it has. manresa restaurant caught fire in july of 2014. its kitchen completely destroyed. it reopened this summer. yesterday it was awarded a coveted third star from the michelin guide. that honor put manresa among the world's top 100 restaurants. a michelin executive says the tragedy of that fire [ indiscernible ] put more passion into its food and it paid off with three star results. >>> there's now a temporary barrier in place on the 23rd avenue overpass in oakland. the 500-foot section of fence that was there fell into interstate 880 monday night. the chp is trying to find out how it happened. the section that fell was so long it blocked traffic in both directions for an hour. crews eventually removed it but not before it caused a 10-car pile-up. a cadillac involved in the crash burst into f