right now, on kpix 5 and streaming on cbsn bay area, more local news at 5:30. we begin right now with a live picture from gilroy, that city, coming together to remember lives lost and those injured in the garlic festival shooting. a special ceremony just underway, within the past 15 minutes. >> a family pleading for help, solving a mystery in a south bay. how did a men end up on fire on this highway of 101? >> despite a rise in the covid- 19 cases and death across the bay area, we discovered some gym owners in san jose are defying orders and operating in plain sight. good evening, i am veronica de la cruz. >> i am alan martin. when we started asking questions we learned there are mixed messages about shutdown violations. maria medina with an original report. >> reporter: hi, i am maria with kpix 5 i am wondering why

you guys are continuing to operate? are you the owner? from first street to the mayor's office inside city hall. >> i can't comment on that. >> reporter: and this one on baskin avenue. all three gyms caught with open doors, despite state and santa clara county orders to shut down. this fitness gym in bay area advertises on instagram. we also spotted clients indoors, which is not allowed by the state. we showed the video to county leaders. >> certainly they are violating both orders. the majority of the people were not wearing masks. were not practicing social distance. >> we see videos like that the people in the community will send us and as soon as we get one, we send it out, we sent investigators out. >> reporter: angela is a deputy district attorney in the county. she and her team have received more than 10,000 complaints

about violators, both business owners and citizens. however, only 50 citations have been handed out so far. most are headed out the first month of the shelter-in-place order. >> we shifted our focus from initial citations to a blanket education model. we wanted everyone in the community to feel like we are shouldering this burden together. >> it is confusing. >> reporter: but, this owner says he has received mixed messages. he agreed to talk to us about why he continues to do business. he believes he is following enough safety protocols, but county leaders say it is against the order because the operation is still indoors. but, he points out he had a police officer pay workout strength a visit recently after getting a tip that they were open. >> i don't think the county is sending people out but at least i can give you a heads up. >> if there is somebody that comes by that is supposed to be in the position of, you know,

enforcing the rules, and if it was not against the rules, then he probably would have told us. >> we are going to err on the side of education but we are seeing businesses and communities in particular areas of the county, where we have warned people several times. and we really cannot let some businesses continue to operate while others are suffering by shutting down. >> reporter: the deputy d.a. says at some point they will have to start enforcing the law. which can bring jail time . and it is also a violation of the unfair business practices act. >> i think the landscape could change, i think that we are going to use every tool in our toolbox to emphasize that the protection and safety of our community is our first and foremost goal. >> certainly, locally here in the county, and i think everybody realized how challenging it is,

economically, for small businesses. the reality is, if we actually obey the law and do the social distancing, we will be opening quicker than if we don't. >> reporter: we would like to talk to possibility? why are you guys open? they refused to answer questions about opening, including the classes he authorized. the owner declined an on camera interview but told kpix 5 over the phone they are struggling to make it. santa clara county gyms opened for only 48 hours before being shut down because of a rise in covid-19 hospitalizations. >> we just hope that people can understand that we need and mean nothing malicious. >> reporter: what about the businesses that are staying close to being fair? >> right, so, to the businesses that are shutting down and

complying and stuff like that, i mean, everybody has different situations. >> reporter: he says he and his wife opened the gym together, and after being shut down for more than four months, they must somehow survive. >> i think that in the hierarchy of, you know, the needs for me my family and what i need to do, you know, it is a risk that even though some may view it as probably selfish or inconsiderate, you know, it is something that i feel like i need to do as a business owner. and a small one at that. >> reporter: the county made the states monitoring list two weeks ago and remains on the watch list because of a rise in covid-19 hospitalizations. in san jose, kpix 5. as of this evening, santa clara county has more than 9300 confirmed cases of coronavirus. let's take a check of our other top stories at 5:30. first pitch, just hours away at an empty oracle park.

the giants, taking on the padres in their home opener. it comes as the miami marlins announced they are suspending games this weekend, due to a covid outbreak among the team. it took nearly half of the department and knocked down a five-alarm fire. the city of gilroy, marking one year since the garlic festival shooting. a live look right now at the ceremony, officials are honoring the vick dems and first responders. three people were killed, more than one dozen were injured.

tonight, the santa clara county offices asking for help and a family is searching for answers. deputies did not mention this altercation, but did ask anyone with information to call the investigative services division. oakland police are offering a $10,000 reward to help to solve a murder. this 25-year-old was killed with multiple stab wounds. >> one of our black men or women is killed, it should affect the community. this continues to happen in the community over and over again. black lives matter, all lives matter. jeff chambers' life mattered. >> word yet on a suspect. berkeley is working hard to impose citywide curfews. it would challenge a city

curfew if it is in direct response to protest or activities that are protected under the first amendment. alameda county imposed a curfew last month, following protest that turned into looting, like this in oakland. if approved, the city would have to present a tougher case to impose a curfew that would infringe on first amendment rights. a monumental effort to shore up the leaning tower of san francisco could begin as early as san francisco. the millennium tower has tilted 18 inches to the northwest, since its completion in 2009. the $100 million fix calls for driving 52 support piles into the sinking side.

the sale of the medical center has been approved to a hmc healthcare. comes after they declared bankruptcy back in 2018, the previous deal to sell it to the apc group fell through. under the conditions they would have to keep the hospital open for at least 5.5 years after the sale. in recent weeks the hospital has received inmates from san quentin state prison. some combinations of coronavirus symptoms are worse than others. scientists have learned much, and how it could help doctors treat patients. at any of these designs become san jose's next landmark? designers compete to create an icon for silicon valley.

a new study on the timeliness of covid-19 symptoms may reveal the severity in the virus later on. researchers at king's college looked at six clusters of symptoms, which could help doctors identify patients who require more care. >> this data in aggregate is helpful. patiarget serious complications. >> reporter: a massive study which focused on which symptoms will indicate someone will have

a severe case. researchers grouped nearly 3000 covid-19 patients in six clusters based on symptoms. flu-like with no fever, flu-like with fever, gastrointestinal, and three other severe levels. >> if you have the confusion, shortness of breath, severe abdominal pain, those are absolutely reasons you should be in touch with a doctor and just be on high alert. >> reporter: this doctor directs the family center, he says those symptoms particularly confusion which is a sign that the body is overwhelmed by an infection, extreme fatigue, shortness of breath, extreme fatigue -- >> any other symptoms that would cause you to get attention, the

rules still apply. >> reporter: but a fever alone should not be cause for panic. >> of fever is an indication that your body is sick and fighting hard. it is also a healthy, normal immune response. it is less about the number but how you feel otherwise. if you are feeling very dehydrated, if you're feeling confused, severe headache, not able to work, severe fatigue unlike what you would typically experience with a cold or flu, that is the reason to call the doctor and get more attention . >> reporter: the findings can help doctors determine which patients to follow up with more frequently. >> studies like this give us the insights that we can know which patient to target those resources to, those patients that we are really worried about that we want to make sure we follow up and check on and don't lose sight of >> reporter: health experts say if you do test positive it is important to remain vigilant,

regardless of your symptoms a more severe cluster. the space tour is showing off the interior of spaceship 2 which has been in development for more than 15 years. it could be within months of flying. the spacecraft can hold up to six passengers in addition to the two pilots. the cabin has 16 cameras, which will record your ride. tickets, are not cheap. customers will have to pay $200,000 or more for a ticket but in all that trip is going to last about 90 minutes from takeoff to landing. coming up, a sports car not on the list of approved ways to spend your ppp loan.

from a waterfall bridge to a twisting tower, a new icon will still show that you found the way to san jose. the nonprofit san jose light tower corporation narrowed nearly 1000 submissions from around the world down to 47. the ideas for the site on arena green range from sightseeing skyscrapers to the rising rings or infinity loops. there is also a sky park, a green belt running up the side of the building, and the playfully named quadaloop.

the top design will be selected next year. >> the manner florida is facing charges for allegedly spending his protection loan on a lamborghini. police say he used the nearly $4 million meant to pay employees to instead purchase luxury items for himself. those items included hotel stays, jewelry, clothing, and a $318,000 sports car. he was interviewed just last week after he was given a fine for not wearing a mask, and during the interview he mentioned ppp loans. >> every single business has gone out of business. the government, the treasury, they get $2 trillion for ppp loans for small businesses, 85% went to major corporations. >> he is not charged with bank fraud and other offenses. let's go ahead and switch gears, now, switch gears, get it? [ laughter ] something you probably don't want to be doing, with a look at the

forecast? >> we will start with baseball forecast for this evening. game time is at 6:45, temperatures will dip down into the upper 50s. on the east side of the bay, the rockies are in town to take on the a's. a little bit warmer, mid 60s at 6:40, a 5 degrees difference between the game times tonight. temperatures made it up to 91 degrees in concord, the warm

spot across the region. 79 degrees, san jose. just a few degrees below average. 75, fremont, upper 60s, oakland. short of 70. only 62 degrees in san francisco. that was as warm as the city got . right now the temperature has dropped another couple of degrees. it is still 66, but there is always that difference. temperatures in the 70s for the north bay, 70s for the santa clara valley, upper 80s concord, livermore, 89 degrees in fairfield, upper 50s in half moon bay. the falk will spread out as we head through this evening at tonight, like last night and early this morning, spreading pretty far into the valleys, the inland valleys of the bay area but then just as quickly it will spread back towards the coast. not white off the coast, futurecast kind of stalling that trend right along the coast, that gray is tough to shake along the shores, gray skies overhead on wednesday, a little more sunshine for coastal areas on thursday, i think more and more as we head towards friday and saturday. to purchase tonight dropping down to the mid to upper 50s, not a lot of variation, the cool spot along the coast and valleys of the north bay. how much we warm-up tomorrow

depend on that onshore breeze. san francisco, maybe a couple degrees warmer than today. 63, 64 for the official high temperature. onshore breeze should slack off a bit. it is windy out there this evening, we take a look at this current wind speeds coming up in 6:00. san jose will warm up into the low 80s, low 80s across the santa clara valley, wind not quite as noticeable. for concord, you heat up not as much today, mid 80s for the high temperatures instead of those highs in the low 90s. a bit of early-morning cloud cover helping to block the first few rays of sunlight before the sun breaks through and warms things n wh is alth year. back into upper 70s for santa rosa, bigger warm-up for the north bay later this week. once the wind shifts to the west instead of the southwest, just that little change in direction makes a big difference in terms of how much the north bay warms up. low to mid-bay itself, barely above 60 near the coast, otherwise temperatures pretty typical looking map for late july. more of a warm-up is in store as we head into the weekend.

friday already in the temperatures more likely than not to crack 90 degrees. into the low to mid 90 saturday and sunday, some of the warmest spot, especially are the east of the diablo range likely to get up to triple digit territory around we can pick a slow cooling trend as we head into the first week of august. coming up in 6:00 with check out the hour by hour dog walking forecast. thank you, also knew it 6:00, they may not be able to attend the giants home opener, but that is not stopping super fans from celebrating how the pandemic has changed the spectator sport. plus -- i am juliette goodrich. richmond has a new top cop. coming up, my one-on-one interview with the police chief and the challenges her department faces admits calls to defend the police. they may not be classrooms, but there is still a place for students to gather. how these so-called learning hubs are different. up next -- rodeo. and let me tell you something, i wouldn't be here if i thought reverse mortgages took advantage of any american senior, or worse, that it was some way to take your home.

it's just a loan designed for older homeowners, and, it's helped over a million americans. a reverse mortgage loan isn't some kind of trick to take your home. it's a loan, like any other. big difference is how you pay it back. find out how reverse mortgages really work with aag's free, no-obligation reverse mortgage guide. eliminate monthly mortgage payments, pay bills, medical costs, and more. call now and get your free info kit. other mortgages are paid each month, but with a reverse mortgage, you can pay whatever you can, when it works for you, or, you can wait, and pay it off in one lump sum when you leave your home. discover the option that's best for you. call today and find out more in aag's free, no-obligation reverse mortgage loan guide. access tax-free cash and stay in the home you love.

you've probably been investing in your home for years... making monthly mortgage payments... doing the right thing... and it's become your family's heart and soul... well, that investment can give you tax-free cash just when you need it. learn how homeowners are strategically using a reverse mortgage loan to cover expenses, pay for healthcare, preserve your portfolio, and so much more. look, reverse mortgages aren't for everyone but i think i've been 'round long enough to know what's what. i'm proud to be a part of aag, i trust 'em, i think you can too. trust aag for the best reverse mortgage solutions. so you can... retire better.

after 171 years, san

francisco's oldest continy running restaurant is closing. at least until indoor dining resumes. the last day for takeout at tadich grill is friday , so, diners should hurry and order their famous crab cakes and bread pudding before it is too late. another establishment is calling it quits, but unfortunately for good. >> the 75-year-old fairfax bar is shutting its doors. don ford, on last call. >> reporter: it is practically an institution in fairfax, it survived prohibition, world wars, and vietnam. the final straw, may have been the mandated covid-19 shut down. >> we may not be able to keep this bar alive. >> reporter: all across the bay area, bars and restaurants struggle to survive. the make it, some don't. >> covidiot, and covid just snuffed out any possibility of

perry's being survived. >> reporter: it has been a family business for nearly 75 years, started by his grandfather during prohibition, he says the friendly relationship with local police helped the business grow. his father inherited the business, bringing in live music and michael grew up here. >> this place was booming. this place, until 2:00 in the morning was rocking out. and you could come into town, and looked down the street of fairfax and there would be nothing on but the lights at 19th and perry's. >> reporter: the stages silent, yet this original bar might remember gallons of spilled whiskey, high hill dancing boots, the stories could fill a lifetime. and they have. >> there are about four people's ashes buried here, they had no place else to go. on this was their home. >> reporter: do you know the bartender? >> he is buried at the base of the tree. >> they're not haunting it,

they are just hanging around. that is okay. >> reporter: years ago the bar ran into trouble with the law, it seems some folks were smoking marijuana outback. not much an issue these days but the signs are still up. the doors, however, are closing. in fairfax, don ford, kpix 5. >> quite a party to say goodbye. that is it for the news at 5:00. the kpix 5 news at 6:00 begins right now with ken bastida and elizabeth cook an exclusive interview with richmond's new police chief who is taking barriers down. >> i just don't have any more wiggle room intermof what a ive fire in san francisco is a double blow to one business owner. how to trying to survive the pandemic led to a fateful decision that has now come back to bite her. first, our top story tonight. kpix 5 is streaming cbsn bay area, the giants home opener, well, much different

this year. how nearby businesses are still hoping to cash in. good evening to all of you i am ken bastida. >> i am elizabeth cook. emily turner joins us from outside oracle park with the economic hit to surrounding businesses. emily? >> reporter: yes, covid has not been great to a lot of businesses but when you are the kind of business that really depends on large crowds, exactly the kind of thing we should not have right now, well, that makes these times even tougher. enjoying america's pastime sport is a thing of the past. a ic it is ants ho opener, d bemore dierent for fans. >> it is crazy. it is really different. >> i can't go in and not eat a crab sandwich. >> reporter: instead of a crowd, the gian