Months the police chief in the bay areas biggest city announces hes leaving his post. Plus new information on a threealarm fire in Santa Clara County tonight. Good evening. Im elizabeth cook. Im ken bastida. San francisco sued for discrimination after two City Employees allege they were ordered not to talk to their co workers. Tonight be with kpix5s joe vazquez speaks to the employees about the heavy emotional toll. I was ordered tonight talk to minimum in our office. Reporter the two long time employees of the San Francisco departments warrants division are now suing their employer. I was handed a piece of paper and goal to obey those rules. Reporter what were the rules on the paper . That i could not speak to anyone and that covers all city and county employees. Reporter that cease and desist order according to the lawsuit said they could not communicate with fellow employees. They were told not to speak in the workplace . Exactly and for the last almost entire year they have not spoken to any of their colleagues in the workplace for fear of being terminated. So i just didnt talk to nobody. I sometimes would cry at my desk because i want to talk to my friends. Those people were my friends. I speak my mind. So for them to tell me that i could no longer speak, it bothered me a lot. It tore me down on the inside. It affected my home life. I didnt know how to explain it to my children. I didnt know how to explain it to my husband. It broke me down. It made me a shell of a person. Reporter both women allege the trouble started after each of them separately complained about Racial Disparities in the workplace. Each of them say they were told by a supervisor not to bring them that monkey junk. After months of back and forth and in danielles case multiple reassigments, both say they were ordered to just be quiet. A San FranciscoCity Attorney spokesperson says, we have not been served with this lawsuit. And address it in court. Meanwhile both women say they still go to work every day to a miserable experience. So i go to my desk and when i know that the lieutenant or something is coming in the morning, i hide at my desk with my hood on my head. I do that every single day. I bought a coat with a hood on it. So in the morning i can hide until its time for me to leave. With a hood on my head. Joe, being ordered not to talk at all in the workplace seems just unbelievable and you can hear how emotional they both are about it. Eyrpretty ok up ing th never seen anything like that. Their attorney, angela alioto, the former San Francisco supervisor, said she wants that rule changed immediately. They are suing for harassment and retaliation and they want damages. Any idea how much theyre asking for in terms of damages . Reporter no. Its not specified in the lawsuit. Its usually millions is what they ask for and it goes from there with the negotiation with the city. Thank you. Well, in less than one week students in oakland head back to class. At least theyre supposed to, but the district and teachers still havent agreed on a reopening plan. Kpix5 port Andrea Nakano is in oakland with the results of todays talks. Reporter both sides were at the table today, but as of tonight there is still no agreement,week away. What we are all demanding is the same healthy, equitable reopening of our schools. Reporter seems like a simple demand, but its masked with layers of complicated hurdles. The district and teachers are at odds about the number of minutes in a workday to the number of minutes devoted to live and taped sessions with students during distance learning. Ousd is set to open in seven days. Theres no plans for how our schools are going to reopen. Our families have not been notified what to do for the first day of school and our leadership has had four months to plan. This is a failure of leadership. Reporter the Oakland Unified School district has been waiting until its reached an agreement with the teachers to released a detailed plan to reopen schools. The district spokesman is hopeful an agreement will come soon. This is one of those situations where again theres some disagreement and, you know, both sides want what they want and well see e we can meet in the middle. Reporter some teachers say finding middle ground doesnt matter unless all the students have the tools they need for remote learning. They dont even have the computers yet for the kids and the computers and programs theyre getting are english only and theyre certain abled only. Theyre not appropriate for lots and lots of students. Reporter i talked with one of the teachers tonight. She says if there is no agreement, she will continue to teach next monday just under her union Strong Start Program which means shell devote about an hour a day to a group lesson and the rest of the time will be spent to get to know her students and their individual family circumstances. In oakland, Andrea Nakano, kpix5. For the latest updates from your district you can head to www. Kpix. Com backtoschool. Crews are still watching for flareups at the scene of a three fire p. Grassfire ned 11th street. The flames spread to nearby homes leaving one destroyed and another damaged. At least one person has been displaced. Also tonight san joses top cop announced that hes retiring after nearly 30 years on the force. His decision comes as calls for Police Reform echo throughout the nation. Kpix5s maria medina is in san jose with city leaders who say this was a long time coming. Reporter tonight city leaders including the mayor say chief eddie garcia talked about his retirement plans years ago and while mayor sam liccardo says he is not surprised, he is disappointed to see him go. Had they not tried to tram officers cars, we would not be here today. Reporter the San Jose Police chief known to speak his mind and heart to his officers announced today hes stepping down in december after 28 years with San Jose Police. Hes given his heart and soul to this community. Theres nobody more passionate. He came in at a time when we had a department that was really suffering. Reporter garcia became chief in 2016 and helped rebuild morale over the years and its departments force after officers left in droves years before because of pay cuts and pension cuts, but more recently chief garcias dealt with calls for reform and the firings of several officers including those accused of racist social media posts. Liccardo and City Council Member johnny camas says thats not why hes stepping away. I was trying to convince him to delay because i think these times call for strong leadership. He has a lot of pain in his shoulder. Not a lot of people know about. That. Reporter he has surgeries coming up. A lot of people trusted him to do the right thing and, you know, hes done a lot. I think hell be a really hard chief to replace. Reporter the city manager will begin to search for the chiefs replacement nationwide as well as within sjpd. In san jose, are fighting to stay in business. That struggle has been especially hard for independently owned establishments. Kpix5s betty yu joins us with the new push to rescue the industry. A powerful new ad says restaurants are facing extinction. They need help from congress to pass a relief bill that would help owners pay workers, rent, utilities and supplies and ultimately protect 16 Million People in the food service industry. Neighborhood restaurants are the life blood of our communities. In a new ad voiced by morgan freeman, the independent Restaurant Coalition is calling on congress to pass the restaurants act to save the industry. The covid19 crisis threatento permanently close 85 of independent restaurants. If the owner of provaca and the sister restaurant didnt make the decision to close temporarily in midjuly, he would have run out of money from his ppp loan. He says having limited outdoor seating in the financial district and Takeout Service was not enough to ride out the wave of uncertainty. Thats why we stopped and so we can keep the money that we have and be able to then attack the challenges that we have at that time. Reporter he hopes to restrategize and reopen after labor day. Right now the independent Restaurant Coalition is fighting to establish a 120 billion fund to help restaurants. 16Million People are at risk of losing their jobs. The owner this much restaurant is on the Advisory Board of the independent Restaurant Coalition. When you look at the airline industry, cruise lines, banks, car manufacturers, none of those businesses employ nearly a fraction of what independent restaurants do. If you look at an independent restaurant that, money will go directly to the local community. He says the restaurants act has bipartisan support, but hes urging people to call lawmakers to make its passage a priority. urestaurant workers have alread lost their jobs. Incredible numbers. Thank you. Still to come tonight our original series project home. A bay area family in jeopardy of losing their home of three decades despite a statewide Eviction Moratorium. You lose all trust and belief in humanity. Tonight california has released a new now our original series project home and tonight were introducing you to a bay area family literally living on the edge. Despite a statewide Eviction Moratorium, theyre at risk of losing their rent controlled home of 30 years. The family of five tells Susie Steimle if they dont find help soon, they might be sleeping on the street. Reporter for the past 30 years jim walker and his wife have lived in this modest home in san jose. Back in may in the midst of this pandemic they received notice that their landlord wanted this family of five toi it was like you lose all trust and belief in humanity. Reporter theyre renting this threebedroom two bathroom townhouse for 2,000 a month. Its whats often referred to as naturally occurring Affordable Housing in the bay area. Citing the need for major renovations, the owner notified jim he has to leave august 20th. Jim worries this move will render his family homeless. And ive lived out of my car. So i know whats thats like. Its very dangerrst thg i thoug my children, of course, and how are we going to live being thrown out on the street . Reporter his wife is a teacher. Jim is a retired Law Enforcement officer. Their collective salaries put them in the low income category earning less than 121,000 a year. San jose does have safety nets for people who are low income, just not enough of them. The section 8 wait list for Housing Assistance is closed and the average wait for a housing voucher is eight to ten years. There really are significant protections that are available if people avail themselves to it. Reporter jimin chang is a senior attorney with legal aid and cautions tenants from leaving their homes too soon. They could choose to stay. The courts wont hear any eviction cases until at least the end of august. Our call volumes have really gone way up since the pandemic. Reporter jims landlord is offering his family free rent for june, july and august saving them 5,330 to put toward relocation costs. If he and his family were living in a similarly sized apartment, they would be entitled to 12,414 in relocation costs. Theyd also be entitled to the option to move back in after those renovations were complete, but because this is a duplex those protections do not apply. Id be willing to compromise and do anything to not be thrown out onto the street, yeah. Reporter and then theres audrey, jims 13yearold daughter. She wasnt supposed to survive birth. She was born without eyes making her severely disabled. He worries about the health risks for her while they search for a new home. For my daughter especially being blind its very, very dangerous. Its dangerous for us to just cross the street with her. Reporter mostly hes worried theyre rapidly running out of time. He says the fear of being homeless and the fear of catching covid are compounding during this uncertain time. Theyre scared every time we have to go out and, you know, go look at a property that we might want to rent or talk to somebody. The exposure, danger, is always there. Reporter we did, of course, reach out to jims landlord to see if they wanted to comment for this story and we have not heard back. But the anxiety for this poor family going through this, yeah, compounded with covid is just overwhelming. So how does the statewide Eviction Moratorium apply to a family in this particular situation . Reporter so as we mentioned, the courts are not hearing unlawful detainer cases right now, but all of this is so unprecedented. In many cases it really depends who you might ask. For jims family they could take this to corporate, but again theyll have to wait for that. Many people would argue this Eviction Moratorium is only meant for families who are directly impacted by covid19 and the landlord should be able to get this property back, but others would say nobody should be put out on the street during this health crisis. Right. Reporter so its really up to jims family if they want to take this to court which again means waiting. Right. Could be expensive as well. Thank you. We invite you to keep see s rertg on our we s on of school sports, youth sports can return, but competition is still on hold. The state released new guidelines tonight allowing training, conditioning and physical education as long as distancing can be maintained. The order bans sporting events, assemblies, tournaments and other types of group competition. Foorts that require close contact, athletes will be limited to conditioning and individual skills work. Tomorrow San Mateo County could become the latest in the bay area to issue fines for violating Health Orders including not wearing a mask in public. Citations could start at 100 bucks for individuals and 250 for businesses. Contra costa, marin and napa counties have enacted similar fines. Turning to weather, hurricane isais is churning into North Carolina after regaining hurricane strength earlier today. Heres a live look at a very dark North Myrtle Beach in South Carolina down the coach from where the storm made landfall about three hours ago and a look at the storm surge earlier tonight in myrtle beach, heavy flooding in places like garden city, South Carolina, heavy rain farther inland into North Carolina and reports of about a 6foot storm surge along the coast as well. If we turn to the satellite he stoe looking at a big swirl of clouds, 75mile an hour sustained winds, barely holding onto hurricane strength. It will weaken as it tracks up the coast but still bring a threat of inland flooding and the possibility of tornadoes as well. Thats always one of the concerns with a landfalling hurricane. Its going to race to the northeast and bring gusty winds to washington, d. C. , philadelphia, new york, very heavy rainfall as well and by the middle of the week in 48 hours this thing will be up in quebec racing to thnorth and northeast. Around here just the usual fog spreading back in. We can still see most of the buildings downtown, 57 degrees the temperature in the city, low to mid60s, 60 degrees on the nose in livermore. The fog will continue to spread into some of the inland valleys by early tomorrow morning, the potential for a little drizzle along the coast, but we arent seeing any green on futurecast for tuesday morning. The fog will back up to around the golden gate and the fog spreads back inland. Now we see a few glimmers of green indicating mist and drizzle, enough to potentially add up to a few hundredths of an inch of total rainfall into early wednesday morning. Thats going to be about it. Thats a lot for the month of august and all that cloud cover means cooler temperatures for the middle of the week as well. Mid to upper 50s to start tomorrow. It will be a breezy pattern the next couple days. Looking at our hourbyhour winds, the dots indicate wind direction, purely an onshore wind. Its going to pick up, 20 to 30 mile an hour sustained winds in the city om noonthe enin at meur thats breezy even by bay area standards. Inland. Ures will warm up tomorrows dog walking forecast, temperatures will warm up once the low cloud cover dissipates and backs away up to around 80 degrees during the afternoon. Other temperatures across the board slightly below average for this time of year. Low 60s along the coast, low to mid70s around the south end of the bay and upper half of the 70s in a few spots in the low 80s in the santa clara valley. The very warmest spots will be east of the diablo range in the mid to upper 80s, low 80s for the trivalley and around the bay a degree or 2 below average, mid to upper 60s with upper 70s and low 80s in the north bay. Temperatures back off further with the cloud cover wednesday and mist and drizzle possible and then we start to clear things out and warm things up right as the pga tournament starts thursday and the weekend brings us back to near normal temperatures. Straight ahead tonight we say goodbye to an old friend. A tiger, though, was prowling around San Francisco. And the bay area big leaguers made some noise tonight, as and giants collectively scoring 17 runs. You would thin lily everyone in the house is online and i cant get enough bandwidth to video chat with my book club. Try 1 gig internet with at t fiber. You get more bandwidth and hbo max included. So, everyone stays entertained. So i can just watch the show instead of reading the book . You know, if you turn on your subtitles. Thats almost reading. Get 1 gig internet with at t fiber for 49. 99a month for a year. And now get hbo max included. Limited availability in select areas. Call 1. 877. Only. Att in sports talk radio in the bay area, when Ralph Barbieri opened his mouth, you knew exactly who it was. He had a presence in the 1990s to 2,000. The San Francisco homegrown fixture today passed away from complications caused by parkinsons disease at age 74. With this distinctive razor voice and he did sound like joe pesci, he asked guests the tough questions. When he teamed up with former warriors tom tolbert in the late 1990s, his show dominated drive time for 15 1 2 years. He appeared on gameday with Dennis Odonnell and told this memorable story from the giants 2010 world series parade. Some people estimated 1 Million People are everywhere you go, down in the intersection you can see them 20 roads back and there was one little guy sitting on the curb by himself with a little homemade sign that said ralph sucks. Remember ralphs traditional signoff . Angels fly because they take themselves lightly. He can survived by his sister annette and son tate. Ralph would love this. The giants with social distancing, brandon crawford, Nolan Arenado at the rockies, top five, up 31. Onearm swing, thats the man. Giants led 41, but the wheels came off in the sixth tied at 4 4. David dahl got through, but watch the relay throw from dickerson. On the road to nowhere. That cost the giants two runs and they just couldnt rally enough. They lost in downtown denver 7 6, giants record 56. As trail 10 in the fifth and then steven biscotti and 13 other batters that inning went to the plate. Oakland scored eight runs all with two outs and put it away. It all came together with khris davis in the seventh. He had been 1 for 21 and the as have won three straight. They won it 111 and lead the division with a record of 64. Caught by ron kroycheck of the San Francisco chronicle, this is tiger woods today at harding park during a practice round. Not only is ron a terrific golf writer, hes got an eye for the camera. Pairings for the pga championship come out tomorrow. We wil birds chirping woman chattering [narrator] ordering dinner for the family . family gasps rewarded with a side of quiet. baby murmuring grubhub rewards you, scooter horn honking get a free delivery perk when you order. doorbell rings [group] grubhub. Large gatherings banned in los angeles during the pandemic. Yeah, but that didnt prevent a rager tonight in beverly hills. The lapd could be seen stationed outside of a gated mansion, when you humble yourself under the mighty hand of god, in due time he will exalt you. Hi, im joel osteen. Im excited about being with you every week. I hope youll tune in. Youll be inspired, youll be encouraged. Im looking forward to seeing you right here. You are fully loaded and completely equipped for the race thats been designed for you. mellow music the bay area is a golden destination and healthy living. But are you missing out on lifes simple joys,