Happy happy home daycare. Its a home daycare on fleetwood drive. And that is where we find kron fours rob nesbitt, who has been talking to people around the neighborhood all day, rob. Must be just blown away. The whole neighborhood here grand is shaking up a monthly would drive in the southern part of san jose. Thats where happy happy daycare is located behind and thats where 2 kids drown this morning actually spoke with ryan, one resident who told me she called the daycare last week to check on an opening but was told the daycare was at capacity with 6 kids. Medics and Police Arrived here to fleetwood drive in san jose around 09 00am monday. For a welfare check at happy, happy day care after a group of kids fell into a pool to be on sima lives across the street and heard the morning sirens. The fire engines come and ambulances you know, like will happen. And then just more and more kept coming. And he hoped for the best. But as a father himself was heartbroken to find out that 2 of the kids died at the hospital. A 3rd child is expected to survive. Once i found out 3 kids were impacted at. Ive been shook up well, the area of fleetwood drive was closed off most of the day monday as police investigated the daycare conducting interviews and going to neighbors for Surveillance Video. Many of them finding out about the drowning from police shows. I just just read you know, this kid. We used to get you on the day cares website, the owner and a nina says she has 2 decades of experience with a bachelors degree in child development. Offering a, quote, safe, nurturing indoor and outdoor environment. Residents in the area spoke with, say a Home Day Care with a pool would be out of the question when it comes to picking their own childcare coming gatherings. Id always be the watching the just because, this is i worry about the polls. Per protocol with the death of a child. The San Jose Police departments homicide unit is investigating the drowning in conjunction with the Santa Clara County das office reporting live in san jose. Im rob nesbitt. Kron. 4 news. Thank you, rob. A developing now. Funeral plans are in place for senator Dianne Feinstein. Her body was flown back to San Francisco from washington, d. C. , over the weekend. She was escorted from sfo to sinai memorial chapel. The sfpd says that a special route through the city was planned for her arrival. They say people along the route stops to applaud and cheer her name. Senator feinstein lie in state at San Francisco city hall on wednesday from 09 00am to 07 00pm. The public is invited to come and pay their respects and sign a condolence book during that time. But this just in the senators funeral has been moved to the front steps of San Francisco city hall. It will be open to the public has an outdoor service. There will be standing room available in the civic center that will start at 01 00pm following the service. The senator will be buried at a private ceremony with family only. Governor gavin newsom says that hes made a great choice to fill the seat of the late Sen Dianne Feinstein fulfilling his pledge to appoint a black woman. Newsom has selected la but are there the current president of emilys list . And while she has no formal experience as an elected government official. The governor says her years working in the labor movement. On political campaigns and 4 emilys list maker perfectly suited for the job. Kron fours. Dan kerman reports. California governor gavin newsom met with reporters monday at franciscos fairmont hotel. To talk about the funds a butler, the woman hes appointed to complete senator Dianne Feinsteins term in the u. S. Senate. Shes deep understanding legislative process, deep understanding executive process, deep national experience, not just a local experience. She understands organizes bottom up, not top down. She understands moral authority, as i said, not just for more authority next level qualify. Butler currently serves as president of emilys list, an organization charged with electing democratic prochoice women. To Political Office newsom says that makes her an ideal candidate for this position. What the right is doing to roll back rights. But the right is doing to try to bring america back to pre 1960s world. That assault on the lgbt community. The assault. On the Africanamerican Community criminalizing speech books and travel, this cultural perch thats going on in this country. All of those things matter and all that reinforces why. Again, i just think the butler is uniquely position simply the best person that i could find for this moment in this job. The 44 yearold butler will befthe only black woman serving in the u. S. Senate. She has a wife and a daughter and will be the first member of the Lgbtq Community to represent california in the senate prior to or work at emilys list. She was a Senior Adviser to Vice PresidentKamala Harriss president ial campaign. And for more than a decade, she was president of the nations largest home care workers union, seiu, local 2015 newsom says they first crossed passed during his run for governor when she educated him on the issues of seniors. This is a special person. Newsom says despite earlier comments about making this only interim appointment, he is placed no restrictions on butler. Should she choose to run for the seat in next years election . He also believes this fulfills his promise to appoint a black woman should feinsteins seat open early. Felt was the right thing to do everybody else said, well, as paying himself in the court found that a little offensive. I didnt put myself in the quarter. Quite the contrast. Think we just provided that ample evidence. One of the most extraordinary, Outstanding Young leaders butlers set to be sworn into office on tuesday in washington, d. C. By Vice PresidentKamala Harris in San Francisco. Dan kerman kron. 4 news. And butler has reacted on twitter today saying shes honored to accept the nomination and honored by the trust placed in her to serve the people of california, adding that she will do her best to honor the legacy and leadership of the late Dianne Feinstein and saying she is ready to serve. Representative barbara lee is one of 3 top candidates still running to fill the seat left by Dianne Feinstein when the next election rolls around. Lee issuing a statement about the governors appointment saying, quote, i wish well and look forward to working closely with her to deliver for the people of the golden state. But adding that she is still focused on winning her campaign for senate saying california deserves an experienced senator who will deliver on progressive priorities. That grass fire weve been reporting on that had been threatening homes in the eastman hills neighborhood of oakland tonight has been contained. The Oakland Fire Department sending out these photos within the past hour now saying about 10 homes were at risk. One point that fire moved into the attic of one of the homes in the area. You see firefighters there up on the roof. This is on outlook avenue near parker avenue. Crews are still checking the home for hot spots. But again, the fire has been contains the call for the fire. The first one came in just before 4 oclock this afternoon. Heres video from a viewer that they shared with Oakland Fire Department 50 firefighters from 6 engines work to knock this one down. A lot of smoke there. No word of any injuries so far or how exactly the fire started. New at 6, a san jose mayor matt mahan officially declaring a homelessness crisis in the city. San jose leaders now pushing measures that if passed will allow the city to suspend local land use and zoning requirements and bypass other steps that would slow down the ability to provide interim housing and safe sleeping site. The shelter crisis memo which is made the cut red tape surrounding the creation of low barrier. Homeless solutions will go before the rules and Government Committee on wednesday. Water search for a missing swimmer has been suspended according to officials, the swimmer whose name has not been released was in the water north of Stinson Beach with a group of friends when suddenly for someone missing, friends say they saw a shark in the area and blood in the water where their friend was last seen. The attack has not been confirmed, but certainly a presumed shark attack. The ground search is ongoing. Right now to our 4 zone forecast. As we give you a live picture now from our sutro those clouds really moving in on chief meteorologist Lawrence Karnow is here with a look at the forecast for the week. Yeah. What a week it is going to be weather wise. Yeah. Weve got some patchy fog out there right now. But the offshore winds are about to change at High Pressure, getting ready to build in here. Were going to get one of those beautiful fall weeks that we love it. This time of year, the offshore winds. Going to start kicking in as early as tuesday. That will start to clear out your skies and well, i think as we head into thursday, friday, saturday boy were in that sweet spot with these temperatures in the valleys, 80s and 90s. I think even inside the bay, you could see some numbers creeping up on the warm side. So, yeah, this is that time of year where some of these temperatures likely to soar tomorrow will warm things up a bit. How about some upper 80s in the valleys, even inside the bay. Numerous 80s popping up in downtown San Francisco. Youre talking about 71 degrees. Yeah, that is warmer. But then as we get to wednesday, things really Start Cooking 90 in hayward, 90 in redwood city. 94 getting hot in san jose. 96 in livermore and check out San Francisco. 83 degrees in San Francisco. That is a taste of things to come as we round out the week. Of course, weve got fleet week, lots of sunshine and temperatures going to be running very warm as we head in toward the weekend. Its that time of year again. Fleet week is back in San Francisco and with a threat of a Government Shutdown no longer looming. Thank goodness, all of hits set to go on as scheduled. Our kron 4 Charles Clifford gives us a closer look. Well, here in San Francisco fleet week has returned of the fleet portion of that is here. That is the uss John P Murtha behind me. There are also on monday morning we saw the Navy Blue Angels flying around San Francisco bay. For what is the beginning of a very busy week. Monday morning, the navys blue angels arrived in the bay area to kick off San Francisco fleet week. Each year fleet week attracts hundreds of thousands of people to the city throughout the week. Visitors can tour ships docked along San Franciscos waterfront. Theres also a High School Band competition, a concert to honor the fallen on thursday evening. Art exhibits and free concerts around the city. But fleet weeks biggest attractions start on friday morning at 11 with the parade of ships arriving through the golden gate, the air show which features Navy Air Force and civilian planes will take to the skies throughout the day on friday, saturday and sunday. The Navy Blue Angels always the Main Attraction will be the last to fly each afternoon. Fleet week is a big event for the city of San Francisco in the navy. Weve been planning for months and months for this fleet and were so excited that were able to pull and pull in on weve got a full lineup of events for october 2nd through the 9th and were really looking forward to anyone planning to visit San Francisco for fleet week should keep in mind that parking can be very limited, especially on friday, saturday and sunday. Organizers are asking people to take Public Transit if they cant. Now anyone who needs more information about the dock ships or the air show or fleet week events can go to kron 4 dot com. We have links and information there. But for now in San Francisco, Charles Clifford kron, 4 news. Horrific story as the east bay, store clerk now recovering after being set on fire during a robbery. We have the latest on his condition. Plus, the Biggest Health care strike in u. S. History continues to loom. Now is. Tens of thousands of kaiser workers are preparing to hit the picket lines. How patients might be affected if this happens. And Police Warning folks locally to keep close eye on their belongings while filling up after gas station has several steps within just has several steps within just a few months. You know, people always ask me, kevin, what does being the ceo of cashbacking mean to you . It means cashbacking every opportunity. Did you cashback on this . Like i wouldnt cashback . Cashbacking by the basket, i see you. Ugh. I dreamt you didnt cashback this flight. Oh good. If youre buying it, flying it, or wining n dining it, then you gotta be cashbacking it. Come on now. Cashback on everything you buy with chase freedom unlimited with no annual fee. How do you cashback . Chase. Make more of whats yours. In the east bay, a vigil held at the toyota dealership in albany over the weekend. The same place. Were 24 yearold mom along a gallon was killed in what police are calling a targeted shooting most 2 weeks ago. Authorities say that is a Domestic Violence case, but her family because its senseless. The support i was shocked and hold each and every would she was just all giggles and she left her came love. King they was like this but maybe i got to stay strong him. Gallens mother has set up a gofundme to try to help grandson came through this crisis. A gas station in hercules is seen several thefts and at least one robbery in recent months. And now police are warning folks to really be on the lookout for suspicious activity at the pumps forcefully to call as the video showing how the steves are committing their crimes. The Hercules Police department is sharing Surveillance Video from gas stations and other communities using the footage as a visual example of what officers in town have investigated at least 3 times in the past 5 months. This its all happening in in the daylight hours. Usually with other people around reserve detective con event. Putin says all 3 incidents happened at the safeway gas station on sycamore avenue. In one case, a person pumping gas was robbed at gunpoint. The second case turned into a robbery when a woman struggled with the suspect who stole her purse from the passenger seat of her unlocked car. And the 3rd incident resulted in the suspect reaching into and stealing items from the victims car. Crime can happen anywhere anytime then. But he says there has been a spike in gas station thats in surrounding cities to precautions. You know, make sure you know, you lock your car. Definitely on. Think about it now. And i usually dont leave my car. Usually stay at the pump out be more cautious now. You think everything is hunky dory, you could get hurt out here. The Police Department says arrests have been made in 2 of the 3 investigations in hercules Philippe Djegal all kron. 4 news. New tonight at 6 florida congressman matt gaetz has filed a resolution to try to oust california congressman Kevin Mccarthy as speaker of the house. A showdown vote is now likely in the days ahead for months, gates has threatened to use the motion to vacate to try to strip mccarthy of his speaker position. Those threats escalated over the weekend when mccarthy relied on House Democrats to get the necessary votes to fund the government and prevent a shutdown. Now house leaders would have to schedule a vote on the resolution in the coming days. New developments now we are about 2 days away from seeing the Biggest Health care strike potentially in u. S. History kaiser is already sent out emails to its patients and members saying that theyre still bargaining in good faith, but theyre warning that thousands of employees are planning to walk off the job if they cant reach a deal. The threeday strike would include almost 60,000 workers here in california, 20,000 of them coming out of the bay area that in addition to workers in washington, colorado and oregon workers contracts expired over the weekend with Union Officials saying that there have been good discussions on a number of issues. But on major issues like pay, the 2 parties remain far apart. Kaiser told its members if a strike does happen, it will affect peoples medical plans saying, quote. In the case of a strike, we may need to reschedule some nonurgent appointments and procedures will contact you in advance if your appointment needs to be rescheduled. Its possible that you could experience longer wait and hold times during a strike. We apologize for any inconvenience and appreciate your patients and quote. Meanwhile, Governor Newsom has vetoed a bill that would have given workers on strike unemployment benefits. The governor says he supports and respects workers who fight for the rights, but he says expanding Unemployment Insurance would create cost overruns in the billions of dollars. New york and new jersey are the only 2 states that allow striking workers to collect unemployment benefits. Well, take a look at this. The fall season is here, but it looks like a different story happening up in the Sierra Nevada mountains. This is video from. Early saturday morning showing some snow flurries. As you can see, theyre coming down at the uc berkeley central sierra snow lab. But due to the lack of snow accumulation, a brief shower was not considered the first snowfall of the season. Lawrence, what would constitute real snowfall . Theyre looking are probably looking for a Real Community accumulation that they can measure some of the higher peaks above 8,000 feet were forecast to get between 3 and 6 inches of snow. That was above 8,000 or so. So, yeah, it looks like weve got a long way to go this wintry weather season right now. It is back almost summer weather here in the bay area. Beautiful out there over the bay. Youve got some fog out along the coastline beginning to spill into the bay just a little bit now you see it in the golden gate bridge. But were going to see less of that in the days ahead as High Pressure takes over, we see those beautiful offshore winds. We really start to crank up those temperatures this that time of year we can do it. 65 today, though, for a high and temperatures go. 72 in oakland, 7 82 degrees in san jose. 79 in livermore, 81 for a high in concord. 78 degrees in santa rosa. Temperatures out the door right now. Youre looking at some beautiful weather. Still very comfortable in saint rose at 72. 71 in napa, 74 live. More in 72 degrees in san jose. All right. There are storm clouds, they are staying well to the north right now. High pressure trying to build in the pacific northwest, getting some rain and well, even far Northern California seeing some showers move into parts of northern parts of the state. But that is about it and High Pressure going to be building in. Thats going to send the rain line well to the north right now. Weve got a sea breeze blowing in. Weve got some patchy fog out there. But weve got that big dome of High Pressure thats getting ready to build in that ridge. Going to settle in nicely for the week ahead. See how those winds are moving from the north of the south. Thats that northerly wind, that offshore flow that is go ng to make for some very nice weather around the bay area. In fact, these temperatures going to be the 80s around much of the bay. Probably some 70s along the coastline. So enjoy it. This may be the nicest weather we see until next march. Thank you, lawrence. Still to come, the only living person involved in the shooting death of rapper tupac is now facing charges. A closer look at his charges. A closer look at his alleged role in where things my dry eyes made me a burning, stinging, 5timesaday,. Makeup smearing drops user. I want another option thats not another drop. Tyrvaya. Its not another drop. Its the first and only nasal spray for dry eye. Tyrvaya treats the signs and symptoms of dry eye disease fast by helping your body produce its own real tears. Common side effects include sneezing, cough, and throat and nose irritation. Relying only on drops . Not me. My own real tears are my relief. Ask your eye doctor about tyrvaya. We made it bmo has arrived. Hello . You said it. Hello to more ways to save money, grow your wealth, grow your business. Just what we needed, another big bank. Not so fast. How many banks do you know that reward you for saving every month . Hes got a good point. Did i mention bmo has more feefree atms than the two largest us banks combined . Uh, bmo . Just beemo, actually. Quick question, will all this stuff fit in your car . should i get rid of the mug . Bmo nearly 30 years after the death of rapper tupac shakur. A grand jury is finally indicted. A man who has long been connected to his murder. David charns has details now about the brand new charges. This photo from Las Vegas Metro police shows 60 yearold dwayne davis in custody in the death of Tupac Shakoor and ultimately our persistence in this investigation has paid off. Its an investigation that began with this video, a fight involving shakoor record execs should night and members of a rival gang hours later, davis, the kingpin of that other group allegedly ordered the shooting specifically duane davis, his own emissions to his involvement in Homicide Investigation that he provided to numerous different Media Outlets over the past several years, davis has made public statements about his involvement in the rap stars murder in his book published in 2021. Davis says he was in the car that pulled up side by side to to box after that fight near the las vegas strip. He says he handed a gun to a passenger who then shot shakoor and night. In july, metro police raided this home. Its registered in daviss wifes name. Police seized documents and personal items which they say helped them corroborate daviss own comments about the case. Thomas moskal is a former prosecutor. Theyre going to prove that he was but they have his own statement saying that he was there. Theyre so if this point hes going to have to make the argument that either i wasnt there and i live the whole time. Why didnt know what was going on . I live the whole time. It was david charns reporting for us tonight. Still ahead, former niners player russ francis tragically among those killed in a plane crash over the weekend with the latest when the investigation there. Plus a friendly reminder that Emergency Alert test will be heard. On all phones. Tvs and radios across the country this week. Well tell you when to expect it. So you will be caught off guard there and then gas prices continue to be a pain in the neck. Going up up up with some of the bay area locations. More than 6, 7, a gallon for regular. Why one expert is pointing the fingers at Governor Newsoms new Governor Newsoms new regulations says you ever try cashbacking . Its earning 3 at drugstores with chase freedom unlimited. So i can save on Something Special for a first date . Wait thats all for a first date . Whoa. Alright, cmon. Earn big with chase freedom unlimited with no annual fee. How do you cashback . Our top story this hour and east bay store clerk is still in the hospital tonight. Weeks after a man allegedly set him on fire during a robbery in el sobrante. Yeah, hard to believe, but his alleged assailant is now facing half a dozen felony charges. Scott force or isis stasio reports prosecutors say they will seek justice for the victims. Family. We were tremendously side and this was an awful event. Our heart goes out to the victim and his family members. Aaron di ferrari is the Senior DeputyDistrict Attorney with Contra Costa County in court documents. Das office has charged kendall burden with 6 felonies, including assault with caustic chemicals, aggravated mayhem and robbery. Sabina park. Julie posted this picture of