breaking news, two homicide suspects released without bail in san jose. now at 11:00. how does that happen? tonight, the mayor and the

police weigh? i am surprised. i thought we were coming out of the drought. >> the drought continues and that brown smudge continues as well. the controversial crime- fighting vote in one bay area city tonight after a string of retail heists. we were sitting there thinking, it is the end game. the alarm comes on. >> the scientist race to answer three questions about the variant we discovered something interesting is happening with covid-19 cases in santa clara county. good evening i'm alan martin. >> i'm elizabeth cook. breaking news, tonight we are learning two homicide suspects in san jose have been released without bail. the police say they were charged in the death of a man on halloween and have now been released ahead of trial.

the mayor released this statement about an hour ago saying quote i appreciate the purpose of bail reform but releasing a homicide suspect without bail is outrageous. our neighborhoods endure the most crime that suffer as a result. this from san jose police quote our community deserves better. the victim's family deserves better. and taking someone's life is the ultimate crime. the system has failed. a lot of questions here. we are going to stay on top of this and bring you all of the latest beginning tomorrow morning at 4:30. our other top story tonight. in less than an hour, tough new water restrictions take effect. residents using sprinklers and other watering systems could be fine. we spoke with some resident who's say it caught them off guard. >> reporter: after the rain this area received in late october those that i talked to admit they relaxed on

their water use. some were unaware they were still in a drought. >> i am surprised. i thought we were coming out of the drought. >> reporter: starting tomorrow, customers of marim municipal water district will no longer be able to do outdoor irrigation and if their water use goes over 740 gallons a month they will have to pay more. >> we will have to pay a $25 penalty based on last year, whatever, first of all, we are not going to be use as much last year because they told us not to irrigate and $25 is not going to break the bank. >> reporter: we check inside on the lake after the storms and it was 97% full. a huge difference compared to this drone footage captured before the rain. but, according to their website the storage in all of the reservoirs is 58% capacity. it is 8% less than the average for this date. some wonder, though, if the restriction should be eased just a bit.

>> that feels a little extreme since we did have the big rains. i thought that the reservoirs were filled again. >> their goal is to conserve 40% district wide. residents say they don't mind doing their part to cutback on water but some want to know how severe the drought really is. >> the main thing is i don't know. is the drought over? not over? >> reporter: i reached out and the board president, we did not hear back tonight. tomorrow, hazy conditions across the bay area today. >> our chief meteorologist joining us now with what to expect. >> the same weather pattern, just stuck in place. it has been here for the past several days. it will be reluctant to go anywhere for the next several days. what we are talking about is high pressure in the atmosphere. literally more atmosphere on top of us, pressing down on us.

helping our temperatures warm up. above average. it traps everything underneath if it is urban pollution or the smoke from wood-burning fireplaces and fire pits, all of that together is the brown smudge. the good news is the air quality has not been dreadful. we stay out of the unhealthy categories, moderate air quality across the board. for the past seven or eight days and for the next four days we will stay in the moderate category for the entire bay area. what we need is rain to wash it out of the atmosphere. we will take a look if any of that in the forecast coming up. health leaders in a race to fight the new covid-19 variant. a lot is still unknown about omicron. right now delta remains the dominant variant here in the u.s. kpix5 is in palo alto where santa clara county's numbers plateaued but not in a good way. >> reporter: here in santa clara county our seven-day rolling average hit

nearly single digits several months ago and then the delta variant caused a surge. today, despite our vaccinations rates we are in the hundreds. >> the first thought, here we go again with a big question mark. >> reporter: for many americans it is like deja vu. international travel restrictions and now talk about the new variant if it is highly transmissible and more deadly than other variants. >> we are sitting here thinking, you know, it is the end game. then along comes omicron. >> we are looking for the variant. >> reporter: the cdc is stepping up surveillance of the variant. sequencing one in every seven positive cases. that is more than any other country. >> we don't know everything we need to know yet about it. >> it is a formable pathogen.

it needs to spread to survive. >> reporter: there are three questions scientists are racing to answer before the omicron variant arrives in the u.s. how transmissible is it? vaccine or natural immunity resistant? how sick can it get us? they say it is too soon to tell and panic. >> i don't think we will see an explosion here in the united states in the next week or two. that said, people need to pay attention to delta. it is not gone away. >> reporter: the omicron variant discovered in south africa where the vaccination rate is lower than ours here in the u.s. and where the delta variant hardly exists for it to compete with. >> for help finding covid-19 vaccine and booster resources, head to our

website, kpix.com. also in the south bay, late night vote, san jose city council approving using covid-19 relief money to lease more license plate readers and software. the police have been pushing for it after all of the recent organized heists. the city will spend $250,000 in funding. the mayor says the license plate readers could make it easier to spot criminals. the one tech expert says he does not think it will stop the mob-style crime. >> the license plate readers are good capturing information on innocent people and maybe not so good capturing information on people who are willing to break the law. >> 1.6 million plates were scanned and stored last year. of those only 1500 successfully matched known criminals. happening tomorrow, walnut creek will plan to add more police patrols downtown after dozens of thieves ransacked nordstrom. the city can use $2 million

from the recovery fund to pay for security officers new cameras and a drone. new details tonight about the michigan teenager who opened fire at his high school killing three students. investigators say the gun that he used was purchased by his father just four days ago. tonight, the oxford community gathered to mourn the death of 16-year-old boy and two girls who were 17 and 14. the shooting began before 1:00 this afternoon. dispatchers did receive more than 100 911 calls. within minutes sheriff deputies swarmed the campus and arrested the 15- year-old suspect. >> he is not talking to us, his parents hired an attorney. >> eight others were injured including a teach ir. still ahead, a powerful scene at san francisco's aids memorial grove. tonight, 40 years after the

deadly disease first emerged. >> it gives us a chance to remember the lives lost and commit ourselves to the mission it will not happen again. coyotes targeting petting in a northern california neighborhood. why they believe the animals are getting more aggressive. students hoping to attend dozens of california universities find

i'm 53, but in my mind i'm still 35. that's why i take oste bi-flex to keep me moving the way i was made to, it nourishes and strengthens my joints for the long term. osteo bi-flex, plus vitamin d for immune support.

in just a few hours the supreme court will hear a case that could allow states to ban abortion entirely. the dispute centers around a mississippi law banning abortion after 15 weeks. the high court has previously ruled that states can not ban abortion before a fetus is medically viable. usually around 24 weeks. justices are reluctant of overturning previous decisions, experts say it may not be the cases when it comes to abortion. >> we have seen the confirmation hearings of several justices and then the known records of a couple others such as thomas and that tells us there is a pretty hefty majority that is interested in taking another look at that. >> if roe v wade is overturned it will be left up to individual

states. new at 11:00. a moving scene in san francisco's aids memorial grove. tomorrow marks world aids day commemorating the lives lost and the ongoing fight to find the cure. kenny chio reports to the grove in golden gate park. >> they want this light display to honor people living with hiv and the hundreds of lives lost in this country to aids. >> it is important to remember that a memorial is about so much more than the names that are engraved in stone or the panels that are lovingly stitched together to create the quilt. >> one of the young lives lost, jason neil fulton that contracted hiv because of contaminated blood. >> it gives us a chance to remember those lives lost and recommit ourselves to the mission it will not happen again. >> it has been 40 years since the first

reported case of aids. >> they did not care that gay people were dying. they did not care that drug users were dying, they did not care that immigrants were dying,ing it did not care because they did not look like mainstream america. >> reporter: doctors told jason at the age of 17 he was hiv positive he died at 24. >> if we don't keep talking about it and educating and reeducating the younger populations it will not go away. >> being together with community, sharing hope, sharing stories. our commitment to continue the fight to find a day without hiv and aids. >> reporter: the display will open to the general public starting tomorrow and only for one night. back to you. >> according to the national aids memorial organization, about 1.2 million people in the u.s. are living with hiv.

new at 11:00. a sacramento neighborhood is on high alert after coyote sightings, the animals are attacking pets in the area. the police say they received a number of reports of coyote attacks. wildlife experts say wildfires and the drought are pushing the animals to search for food and water. pet owners say their animals are lucky to be alive. >> my dog was bit by a coyote. >> the prey looks at, oftentimes, rodents and birds, but, that also includes domestic pets. >> a reprieve tonight for a number of students hoping to attend uc and csu schools next fall. the deadline to submit applications was midnight tonight. both systems have been experiencing widespread computer issues today. the uc system extended the deadline to midnight tomorrow. the new deadline for applicants

at san jose state is now december 15th. we have just about 45 minutes or so left on this giving tuesday. >> and it means you still have time to donate to a great cause and have your contribution matched dollar for dollar. >> right now bay area food banks are facing challenges including increased demand, higher food prices and supply chain issues. a generous donor stepped up and offered to match donations made to any bay area food bank until midnight tonight. >> so, for more information how to donate to your food bank of choice head to our website. click how to donate or volunteer link. >> a lot of generous people out there. you got to meet some of them this evening at whole foods? >> yes. i was at the mark net oakland, one of our partners here at kpix for over 10 years. i was there for a large check presentation from kaiser to the food bank. happy to be there just for all

of that? inspiring to see people making a difference. talking weather and dense fog. not much major change in the forecast as we round the corner from november to december. breezy in the higher elevations tonight. dropping below 15,000 feet in elevation, the dry weather will continue. if you see dry, breezy conditions, that would lead to elevated fire threat. we still have enough moisture left over for the rain in october and early november. eventually though things will dry back out. it is not in the forecast any time soon. some late cooling, even when we cool off the temperatures are still going to be running above normal. let's talk about the rain chances or lack there of. there is an outside chance of a couple showers, sunday night, monday, monday night. you can see on the chart here we are towards the bottom of the scale. 10-20% rain chances, nothing to get excite about and not enough to put rain icons in the

forecast. looking outside, beautiful view of downtown san francisco. no fog just yet. the temperatures are dropping down into the middle 40s in santa rosa where you have fog reported ats -- at the top of the hour. lower 50s, holding on close to 60 degrees in downtown san francisco. eventually the temperatures will drop off to around 50 degrees around the bay and along the coast. mostly middle 40s farther inland and lower 40s for the cool spots in towards fairfield. high temperatures for the first day of december will feel more like the middle of october. 10-15 degrees above average. this time of the year everybody across the bay area, regardless around the bay or inland should be 60 degrees for an afternoon high. instead, lower to middle 70s. if not into the 70s for half- moon bay. lower 70s and the south end of the bay. middle 70s in the valley. 75 degrees in san jose and 76

for morgan hill. a little bit of fog slowing down the warm up slightly. you are still going to end up a dozen degrees above average. just above 70 for oakland and the east bay. low 70s for the north bay until you hit farther north, middle 70s for santa rosa and clover dale, heading farther north they will reach up into the upper half of the 70s. tomorrow is the warmest day in the forecast. even as we cool down, we are still going to be mild heading through the weekend and next week. we will put more clouds in the forecast on monday with the 10-20% chance of rain showers, it looks like we will remain dry. just can not rule out the possibility of moisture, we will cross our fingers and hope for that while we get to enjoy pleasant temperatures with the haze kind of still stuck in place as well. vern? >> straight ahead in sports, the warriors did not have it tonight. the suns, get this. had a perfect november. as a result, the warriors are

not the only team w18 win and tonight, san jose is all decked out for the holidays, this display lighting up the shops in santana row. we want to see your holiday lights as we celebrate the season. e-mail your pictures and videos to bay area bright spots at kpix.com or tag us on social media using hash tag kpix bright spot

hi honey! hi mommy! oh i missed you! you just want to video call the kids. ok. hush little baby...don't say a word... but if slow upload speeds turns your goodnight call into an accidental horror movie... can you hear me? shut it down. just remember. you're not a bad mom. you just need better internet. at&t fiber delivers faster upload speeds for more reliable video calls. get at&t fiber, plans starting at $35 a month for a year. limited availability in select areas. call 1.877.only.att.

nba up top. something kittle said, he said sometimes you get got. big build up to the run with chris and the suns. 16 straight wins against curry's 18-2 warriors. two leagues best, tied at 22 in the 1st. turning it over. jordan pool made them pay. scoring 16 points in the opening quarter. warriors up 4. by the 3rd quarter. suns were up 6. bridges, poked it away, dunked it. warriors committed it.

late 3rd, left handed rip. warriors run tied the game at 75. final period, size mattered. suns big man. hit and scored a team high, 24 points. suns up 4. 3-point game. under 4 minutes. jay, a clutch 3. 97-91 suns. steph curry was off tonight, worst game of his career when he takes just 20 shots. the suns held it. franchise tying 17 straight win. warriors held under 100 points for the first time this season. both teams now 18-3. you know what? suns have to come to chase center friday night. >> we, of all of the mistakes that we did have, how terrible i shot the ball it was a close

game. >> nhl, give me some knuckles at the game in new jersey. late 1st period. got loose and denied by the goalie. he made 14 saves in the opening period. 2-0 san jose, 2nd period, the puck loose, out front. ripping one by, he scored twice tonight, san jose won it 5-2. the sharks have won four of the last five. golf, from his own tournament in the bahama, tiger woods held the first press conference since his february car crash there. he admitted father time is knocking on the door of his golf career. >> i don't for see this leg ever being what it used to be. hence i will never have the back that it used to be and the clock is ticking. i am getting older, not younger, all of that combined a full schedule and full practice schedule and the recover that

it would take to do that, no. i don't have any desire to do that. >> something a little more relatable. remember when we were all in our 20s and we thought a, we were invincible and b, we would be in our 20s forever. 30, so far down the line. any way, we all, yeah, we all have to realize our own limitations. >> accept reality? >> yes. >> father time is undefeated. >> yes. [ laughter ] >> always will be. >> all right. vern, thanks. in just a few hours a new exhibit

princess diana exhibit makes its world debut when it opens up in santa monica. >> it offers intimate look into royal family. they wanted to shine a different light on the princess and her family. >> seeing the images is like walking through important moments of history. >> that is the beauty. i think a lot of people engage with these photos because they feel authentic and she was, again, like we said, her relationship was so great, they were able to exchange these really sweet moments. >> wow. looks fascinating. >> a lot of people can not get enough of princess diana. >> she is having a moment right now with

the movie and

with type 2 dias are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck,

severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today.

i love seeing that. >> somebody left their heart in san francisco. >> absolutely. who hasn't. the late show is next. >> thanks for watching. the news continuing streaming on cbsnbay area. have a good night. we will see you tomorrow - [woman] the following is a paid presentation for neuroq, a total brain support system, designed to boost focus, reduce anxiety and stress. brought to you by lifeseasons. - [man] are you forgetting basic things or experiencing more of those so-called senior moments? what about low energy, stress or anxiety?