now at 11, breaking news, a brush fire breaking out within the last half hour and shutting down multiple aims lanes of

880. tonight, business owners breathing a big sigh of relief. the impact as san francisco advances to the final tier of reopening. a red flag warning in effect in parts of the bay area tonight ahead of possible power shut off since six bay area counties. drastic orders in san quentin prison after deliberate indifference. getting our first of a close look at an attraction in north hoke. the fire broke out in just the past 30 minutes or so, emergency crews h only one lane is open as they work to put out the brush fire. drivers are being asked to avoid that area. we will stay

on top of this and bring any new updates. a live look outside san francisco, the first bay area county to enter the least restrictive tier of california's reopening plan. beginning monday indoor dining, places of worship and theaters can all operate at half capacity, 50%. while offices can operate a 25% capacity. more than 50 schools also have the green light to reopen. kpix 5 reported joe vasquez breaks down the new rules. >> reporter: moving into the yellow tier for san francisco means that restaurants and bars will soon be able to expand capacity.>> yellow means the possibility of opening up inside at 25% capacity. it didn't make any sense to open up inside. my understanding is there's lower restrictions on music and television inside, which for our business model is not the

best, but i'm happy to see everything moving forward. >> san francisco is the only county in the bay area and one of only a handful in the state that advance to level, yellow, which is the highest level of reopening. >> i'm cautiously optimistic, i think we can do it. the only worry i have, whatever happens in other parts of the country can also happen here, particularly with trouble and people moving back and forth to the bay area for holidays. >> san francisco health officials are being more cautious and that opening is much as they could by state standard. they say the current health plan is not necessarily permanent. >> if cases start to go up in a way that is alarming we will not hesitate to put a pause or even reverse some of the reopening's. >> at the core of today's decision there is optimism.

fitness centers like f 45 training will be able to move the parking garage to indoors a 25% capacity. not everyone will be comfortable about that so they will also keep doing classes online. baby steps, an exercise in patients. >> it's been very tough, we are not out of the woods yet but there is a light at the end of the tunnel.>> now napa county has moved into the orange tier of reopening. the county will now be able to expand indoor services. for more information on your county you could had to train one. let's take a live look at levi's stadium which is on the other side of the reopening divide tonight. just hours after the state clear the venue to welcome back a limited number of 49er fans, santa clara county through a block. >> we want to make it clear that super spreader events will not be allowed within the county of santa clara. putting an audience in a stadium in large groups is just

asking for trouble. it's like a petri dish. >> next door to levis, great america won't be reopening anytime soon either, neither will any of california's big theme parks. the county has to reach the least restrictive yellow tier first. santa clara is an orange and solano county is still in red. tomorrow thousands of pg&e customers across six bay area counties can lose their power as the utility warns of another round of possible shutoffs. we are seeing cooler temperatures but concerns are of the wind, that has prompted a second red flag warning. chief meteorologist paul heggen is tracking the conditions for us tonight. >> we don't have too many spots with red flag conditions right now, on the fire weather tracker, exactly one. there are 364 different stations on this map in the bay area and down the coast, and

mount st. helena is the only one reporting red flag conditions. not seeing any of the deist winds in the vicinity of the fire on 880. conditions will be very water line in terms of the greatest threat, but close enough that the red flag warning will continue through 8:00 tomorrow morning. the threat will be more widespread as we head into tomorrow night and early thursday, and again thursday night into early friday. so the red flag warning includes more of the bay area and eventually solano county will be included in this area we are talking about winds that will be as strong or a little stronger at peeks, so the high fire danger looks like it will continue even into early next week is temperatures go down. but that is the good news. we will take a look at that coming up in a few minutes. vandals targeting a community in the south bay and the question tonight, was it a hate crime.

the graffiti was discovered on the cultural center in los gatos this morning, staff at the center say they believe the building was a target of growing conflict. we have reached out to police and have not heard back yet. half the inmates at san quentin prison are getting out. some will be transferred, others released altogether. betty yu reports, it is all because of how the prison handled the pandemic.>> reporter: the state appeals court in san francisco says that those in charge of san quentin prisoners acted with deliberate indifference to their health and now they must reduce the population by 50%. the court's ruling comes from a lawsuit brought on by a 64-year- old inmate with along with his cellmate tested positive for covid-19 in july. today there had been more than

2200 confirmed cases among inmates and 28 inmate deaths. nearly 300 staff members have also been infected resulting in one death. the court called that outbreak the worst epidemiological disaster in california correctional history. >> this is a day of victory in terms of trying to fight this disease and helping people that don't really have a voice in the way things are done. >> a law professor filed arguments supporting the inmates. >> san quentin is an integral tainted and dilapidated facility that has no ventilation and was still overcrowded by 108%. >> california's oldest person has extraordinarily close living quarters and inadequate sanitation. and for inmates that have served at least 25 years of their sentence and are eligible for parole be considered to be

released or transferred through the california department of corrections and rehabilitation says it disagrees with the ruling. it told bloomberg in a statement "we have implemented response and mitigation efforts across the system. as of today the cdc covid-19 cases are the lowest they've been since may." they went on to say that there's been only one new reported case in nearly a month and will have 15 days to file an appeal before this case becomes file final.>> if you like to read the full appeals court order we posted a link to it on kpix.com. onto camping 2020, a mad dash to the finish line for the presidential candidates ahead of election day. reporter deborah l varona explains talks over a new stimulus bill have now become entangled with a last-minute push for votes.>> reporter: with two weeks left until election day president trump

return to pennsylvania at the erie international airport.>> don't you remember the great victory we had. >> president trump won a narrow victory in 2016 but recent polls show him trailing democratic nominee joe biden. the former vice president has spent much of this week at his home state of delaware preparing for the final debate on thursday night. here on capitol hill talks continue wanted to trillion dollar coronavirus relief bill. house speaker nancy pelosi said tuesday was the deadline to get it done before election day if the white house and democrats strike a deal geordie leader mitch mcconnell said the senate will vote on it. >> if the presidentially supported bill clears the house, at some point we will bring it to the floor. >> according to a cbs news source mcconnell told republicans that they should not agree to a stimulus bill had of the election. on wednesday the senate is set to vote on a relief package worth less than $1 trillion.>>

since the pandemic started the small business has processed close to $7 billion in loans. we learned that some of those dollars may be going to criminals offshore accounts. >> i applied for a small business loan to open up my own deli in texas. i can barely make peanut butter sandwiches let alone open a deli.>> the fallout for id theft victims here in the bay area, that's tomorrow night at 11. still ahead, new details on a massive apartment fire in the south bay as new video shows the moments the flames erupted. within the last two hours the city council has approved a new plan to keep people working from home despite objections from the mayor. >> if you can do your job from home, why not continue.

>> the big observation

new video shows a raging apartment fire in san jose. the flames ripping through several units in this building on boynton avenue. firefighters are investigating what caused that cryer. crews were on scene for several hours and it's unclear how many families have been displaced

tonight. a proposal to temporarily change the admissions process for san francisco's lowell high school has been approved. san francisco unified school board pass the measure tonight and will conduct admissions through a lottery system rather than admitting students based on grades and standardized test scores. the changes will apply to incoming ninth grade students for the 2021/2022 school year. several board members have already expressed interest in making the change permanent. the board also passed a black studies curriculum for all grades. it's meant to honor black lives and educate students about their contributions to society. nursing homes have been hit hard i the pandemic but one of san francisco's largest skilled nursing homes has been virtually outbreak free and they are welcoming seniors to its recently opened frank residences at the san francisco

campus for jewish living, the brand-new assisted-living facility is only allowing one move per day to keep the community safe, all residents must be tested before moving into the apartments. >> i think people still don't realize, a lot of the sinews stay at home and shelter in place, and that gets very difficult. >> the rooms are clean, people come in, they all wear a mask and don't take any chances. not even in the dining room. >> over the next couple of months they expect to have 100 residents move in. tonight san jose is moving ahead to cut the commute of thousands of city workers there at the city council unanimously approved the proposal just a couple of hours ago. lynn marie are lend marie harris explains what all this means.

>> reporter: if you can do your job from home, why not continue.>> that's the question the bay area air quality management district is asking the communities with the new cut the commute idea. they asked companies to voluntarily allow employees to work from home at least 25% of the time, even after the pandemic. >> we are specifically focusing on single occupancy vehicle. >> they say the evidence is clear in the months immediately following the lockdown, air quality improved dramatically with far fewer cars on the road. >> if we can do that and reduce the number of cars on the road, that will help us in the air pollution and greenhouse arena. >> i support a voluntary approach. stomach mayor sam accardo says a similar idea in the metropolitan is present condition to have employees work from home after the pandemic could have negative consequences for silicon

valley. >> no longer having people working together in the same building is a real obstacle. >> workers talk to said they would like some options. >> i'd like to continue to work from home and go into the office periodically. after sitting empty for several months one of san francisco's biggest attractions will open to the public. >> the sky star observation wheel will hoist riders 100 feet up starting tomorrow. the will was supposed to open back in april to mark the 150th anniversary of the park but that did not happen because of the pandemic. we were there for the ribbon cutting ceremony today, each gondola carries six passengers for a 12 minute ride, tickets are on sale now.>> john mclaren would be proud. >> pretty good visibility up there tonight, it's a five free evening, and of course we are

worried about the fire danger. and i want to show you our fire danger index for the next couple of days. these numbers are generally where we want to see them, that recent red flag criteria, not until we get halfway up the scale to 5. and then there is that red flag advisory for the northbay mountains, not because we will see red flag conditions in the communities of the northbay, but just a few spots are going to at least briefly see that combination of very low humidity and gusty wind, especially on the mountain tops and ridge tops. tomorrow we get a little break, the red flag warning expires at 8 am and the next one goes into effect at 10:00 tomorrow evening. tomorrow night into thursday evening, that's where we will see numbers on a more widespread basis. in some higher numbers outside of the most densely populated parts of the northbay, with similar conditions in the east bay as well and another round of dangerous fire weather conditions by thursday night into early friday morning.

so it will be like this until we get some rain, and that will not happen anytime soon. temperatures have dipped down into the 50s in the city, elsewhere we are in the low to mid 60s but skies are clear, so if you want to look to the southeast and get a glimpse at the meteor shower, that's the direction you have to look. anywhere from 10 to maybe 20 shooting stars per hour as we passed through the debris trail left by ailey's, back in the 1980s. temperatures will eventually dip down into the 50s, so if you want to get up early you might want to throw on a light jacket, but we will heat up, one more very warm day in store for us tomorrow, 10 degrees above average around the band 10 to 15 above average further inland. on the coast, only in the mid

60s, with a little bit of sunshine peeking through, low 80s are in the south bay and mid to upper 80s for the santa clara valley, to around 90 degrees for the tri-valley with low to mid 90s e. of the diablo range. temperatures in the 70s around the central bay, 78 in oakland with mostly low to mid 80s for the northbay and even farther north lake mendocino county. we will see a drop in temperatures thursday and friday, a more noticeable drop by saturday and sunday, looks like a pretty nice weekend. and we will keep an eye on the storms that may be coming in over the weekend for you. we all know the patriots head coach is a man of few words unless we are talking about a certain 49er, and have

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sure the dodgers lost to the world series in 2017 and 2018, but you know what, they didn't have mookie betts, and he

spells big trouble for the rays in this one. arlington texas, hosting their first ever neutral site world series, even tommy made the trip. eight strikeouts for kershaw, and tampa only had two extra base hits. lookee, now you see him, now you don't, stills second base in a flash and then he steals third, who was this guy, rickey henderson. but he's just a groundout to get him comes, 3-1 dodgers in the fifth inning. just to prove he's not willie mays hayes, he goes the other way. 7-1 dodgers, they won a ministry and are feeling pretty good about the 365 male they gave just a couple of months ago. >> moki is pretty special, he

does things on the baseball field and not many people can do. >> not really how you want to start up the first game but we will be just fine. >> a 2 is tomorrow night. now tiger woods may have gone to college here in the bay area but he wasn't crying tears with the lunatic fringe last night. >> as far as the dodgers tonight, i mean, here we go. >> tiger backs it up, spotted in dodgers stadium from time to time and is playing a tournament this weekend in southern california. here's a question, in the nfl, who was the greatest height and to ever play football? according to the patriots head courts, george kittle is on the path. of course belichick basesand the 49ers this week. but the patriots head coach praised get on back to back had

conferences placing him among players like john mackey.>> it is definitely too early to talk about kittle in that range, but based on what he's done in his career up into this point, i think he is good as anybody i've seen.>> the patriots and 49ers 125 on channel 5 this sunday. a bay area bank customer comes across a pair of masked intruders but

a couple of masked bandits broke into a chase bank in redwood city. >> early this morning and atm customer spotted the two raccoons inside, apparently they climbed a tree, got into an air duct and fell through the ceiling. the target of their heist was a large box of almond cookies, they couldn't resist. when an animal officer arrived, a foot pursuit in suit. >> our officer had to chase them around the bank for about 10 minutes because they were just not ready to go away. after about 10 minutes he was able to safely shoo them out. >> my director just told me it should have been called a paul pursuit. >> there you go. we will let that go, and we

will be right back.>> how cute are they?>> we are two weeks away from the electi

>> it is a beautiful bridge. the late show with stephen colbert is next. >> thanks for watching. the news (triumphant music) hi, everyone. (phones ringing) and welcome to the legal help center. today, we have legal professionals standing by to answer your questions and give you a free consultation. so if you've been injured in an accident