Some of the thousands of flood evacuees in san jose are live from the cbs bay area studios this is kpix5 news. T some of the thousands of flood evacuees in san jose returning home tonight and discovering a disaster. And tonight theres a new challenge, temperatures are falling. Good evening. Im ken bastida. Im elizabeth cook. The latest headlines, 36,000 homes were evacuated at the height of the flooding. San joses mayor admits there were failures in alerting people and now evacuees are dealing with a cold snap. The evacuation zone has shrunk tonight. People who live in the light orange area are being allowed to return home. The dark red areas are still evacuated. The rock springs area, part of nagly park, brookwood terrace and several mobile homes park east of old oakland road. We have Team Coverage of the flooding emergency tonight. First kpix5 joe vazquez. Joe . Reporter liz, the floodwaters are definitely receding right now. There is still a mandatory evacuation in place for some of the hardest hit areas like this mobile home park. I say technically, though, because we havent seen anybody keeping anybody out and for that matter, i spoke with a gentleman over in the Williams Street park area who says he hasnt been notified about anything this entire time. Eric heckman is back home to an awful mess. The coyote creek floodwaters forced his family to leave yesterday. You are evacuated. Nobody ever actually told me that. So that was the weird part. They said this is an evacuation notice. I know some friends that got notices at 2 30 in the morning. Im on the santa clara alert. I never got anything for anything. Reporter the heckmans decided to canoe out instead. Fire rescue boats launched to get them, but the heckmans already left. The heckman residence has about the highest water weve seen in san jose, enough to float the hot tub. Check this out. This is the watermark. Its about 5foot high. With can he get our clothes can we get our clothes because we dont have any clothes to change into . Reporter despite the fact its marked uninhabitable people are desperate to get inside. Im tired. Reporter walking past a drowned skunk Jonathan Rascon mata surveyed the damage at his rock springs apartment. Its pretty bad. Reporter the floor is covered by a thick film of mud. Furniture and appliances ruined. We didnt get any warning, so it kind of just let the water out and, you know, this happened. If they would have gave us a warning or something, take the clothes out at least or something. We have not figured out how to get that one out. Reporter the heckmans say theyre staying with friends for now and theyll be fine and they do have Flood Insurance, but theres a catch. I didnt know my Flood Insurance didnt have content coverage. Reporter oh, really. So it turns out your standard flood policies only cover the structure of homes and businesses. If you want to cover the possessions inside, you have to get a separate policies in many cases to cover the contents. Theres always a catch. Reporting live in san jose joe vazquez, kpix5. Got some drone video to give you a birds eye view of the flooding at its peak. This is the Williams Park area that joe was talking about, one of the neighborhoods thats still evacuated tonight, and you can see cars submerged up to their hoods. Tonight many are wondering how did the water get so high so fast and why was the city caught off guard . Kpix5s mark sayre is at the Emergency Operation center tonight. Reporter at this hour the building behind me, San Jose City officials are still coordinating their response to this emergency. As to how all this happened especially withno notice . One thing they are looking at is the potential of bad data. The around some reservoir is still about 2 feet higher than its spillway level. So the water pouring out of here will continue to do so for a few more days, but officials are confident that the worst of the downstream flooding has now passed. In a series of news conferences today, Officials Say the spot where coyote creek first overflowed its banks is not at all when they were expecting. What we i think had the most difficulty establishing is how much and when and so ultimately there was going to be no stopping this volume of water once it was being released upriver. Reporter city crews were on hand at rock springs drive just south of kelly park watching yesterday morning when the creek started overflowing. Officials say the creek channel walls did not fail, but they thought it could carry more water than it did based upon available data. What we know at rock springs is that a breach of that creek happened at a flow level much below the capacity of the channel. Reporter why that data was wrong, though, is the key question. Was there some kind of unmapped obstruction or have things somehow changed since the flow capacity data was generated . In any event, city Officials Say they are better prepared for upcoming storms. I do think that well be able to provide proper notification to everyone. Reporter but none of this changes the frustration of evacuated residents who have seen flooding in the past. Certainly i wasnt expect ing that it would happen and be even expecting that it would happen and be even worse than what happened 20 years ago. Reporter the mayor is promising a full analysis to look at what went wrong and why. Mark sayre, kpix5. Two dozen horses stranded by floodwaters are still stuck tonight only now its because of the muddy mess left behind. The water has receded, but owners cant get trailers in through the thick mud to get their animals out. We did spot a pickup truck loaded with bales of hey to make sure the horses are fed. Of the half dozen schools closed by flooding two are reopening. Mckinley Elementary School and shirakawa will resume regular school hours tomorrow. Almost 240,000 has been raised. In addition, lyft is offering free rides and the earthquake soccer team is also adding a donation option on their web page. We have more info on how you can help on www. Cbssf. Com. With relief efforts. Starting tomorrow all lucky supermarkets will be collecting cash donations for the American Red Cross to help with the relief effort. Tonight chief meteorologist paul deanno shows us just how high the coyote creek peaked, paul. The highest it has ever been in recorded history. It started at the Anderson Reservoir still above 100 capacity, all the excess water, all the extra water, continuing to come down tonight. All that eventually drains into San Francisco bay, but first it has to go through morgan hill and then into san jose and obviously thats where all the problems happened. So how high did the water get yesterday at its peak . Coyote creek reached 13. 6 feet at edenvale. Tonight thankfully its back below flood stage. The last time the creek crested this high, 12. 8 feet back in 1922. Pelted this p got a break from the rain today for the most part, but it kind of looked like winter in the north bay. Thats hail coming down pelting this Police Patrol car in napa this afternoon. Right now door in sonoma the hail turned the street white in windsor, kind of does look like snow. I dont suggest you try this, but this kid tried to use it as a slide. Weve got some rain in the forecast. Tell you. What great news and it involves the weekend and a reduced threat of flooding. Thats coming up in about 10 minutes. Sounds very good. Thank you. At long last highway 37 in marin county is expected to fully reopen by 5 a. M. Tomorrow in time for the morning commute. The road has been closed because of flooding and then repair work. This bridge in big sur wont be reopening. Caltrans says its damaged beyond repair. They have to build a new one and that could take six months. As you can see, the storms left severe cracks in the Pfeiffer Canyon bridge. Now an update on a kpix5 investigation into red light traffic tickets in fremont. Tonight the city is promising to refund almost 1,000 drivers under one condition. Kpix5s andria borba is in fremont tonight with that. Reporter im standing at one of the two intersections here in fremont that was turning out those erroneous red light tickets. Those tickets may cost the city of fremont about half a Million Dollars in refunds. What difference. 7 of a second makes . In the case of a story at two intersections in fremont that suddenly turned out hundreds of red light tickets to drivers, the answer is hundreds of thousands of dollars. They shortened the yellow. Thats the smoking gun. Reporter we told you about the intersections of mallory and farwell and mallory and waco. The public works director of fremont told our allen martin the yellow issue was the fault of . We had student interns helping us. Reporter the city of fremont changed its story at the valentines Day City Council meeting. We are painfully aware of the situation. I appreciate you bringing the issue here along with the correspondence weve received accordingly. We admit the mistake and we are in the process of coming up with a remedy. Reporter this fremont resident said hes happy the city is finally admitting fault. For them to say that it didnt happen shows that its a rogue operation. I mean anyone should see if the number of tickets are jumping by a factor of five to 10, it should raise an alarm. There is no quality control. There is no supervision. Reporter now those refunds will have to be approved by the Alameda County court. Live tonight in fremont andria borba, kpix5. We have breaking news out of South Sacramento tonight. A chp motorcycle officer has been killed. He lost his life in a traffic accident. 30 1yearold lucas chilu was chasing a suspect when he crashed before 6 p. M. This evening and later died at the hospital. He is an eight year veteran with the california Highway Patrol. Tonight the crash is still under investigation. To carry inmates. Now Alameda County sheriffs deputy in Critical Condition tonight after being hit by a bus used to carry inmate. This is video of Deputy Mike Foley from 2006 when he worked for Concord Police. Foley just arrived for his shift at 6 00 this morning when he was walking toward the jail and was hit. It happened at the transportation yard at the santa rita jail in dublin. The fellow deputy driving was only going 15 miles an hour, but the impact left the deputy with severe head injuries. The driver simply didnt see foley in his path. The 59yearold has undergone several surgeries already. The doctors are doing everything he can. He still remains in Critical Condition at this time. The family right now is just hoping for prayers and best wishes. Foley has been with the Alameda County Sheriffs Office for 10 years. Before that he was with Concord Police for about 30 years. The Highway Patrol is investigating the crash. Ssed to the crime. A girl scout robbed at gunpoint in union city, tonight a teenager confessed to the crime. Police released this sketch of the suspect earlier this month. Investigators say he stole cash from the girls cookie stand in front of safeway. Police arrested the 17yearold suspect at James Logan High School today. In the east bay tonight 21 people homeless tonight after a small fire in their building. Only on 5 tonight Christin Ayers reports the fire wasnt the problem. Its what happened when the fire inspector showed up in east oakland. We have been homeless for 41 days and it keeps going. Reporter Adrienne Wong in fears as she addressed Oakland City Council last night. Today she showed us what used to be her home, a loft in the art ratan studios. She and other tenants were forced out last month after learning the building was never zoned a living space. Theres a couple People Living in their cars. Im crashing at my parents house in daly city with my life. Reporter they learned about the issue when a small fire sparked on the complex doorstep january 12th , one day after mayor libby schaaf signed an executive order meant to protect People Living in immaterial Living Spaces after in improper Living Spaces. Sprinklers were found positioned too closely to walls to work properly, but thats just the beginning. Theres exposed electrical wiring hanging loose in her unit, a water heater not secured to a wall. This is supposedly the strap. I dontment. Its been like that i dont know. Its been like that since we moved in. Reporter as for the bedroom where her boy friends son is supposed to sleep . The Fire Department said it was too dangerous because theres no second exit. Reporter the Building Owner did not return our call. The mayor says the executive order has done little to press his hand. City Council Members could not answer the questions last night, though they are working to get tenants relocation funds, but that will take time and until then we were kind of just in lembo right now wondering whats limbo right now wondering whats going to happen next. Things got heated in a town hall meeting tonight with one of californias republican congressman. People started showing up hours before representative Tom Mcclintock took the podium . Sonora. More than podium in sonora. More than 500 people were there. The congressman had to step in and calm the crowd several times. The crowd was pretty split on their political point of views. I have a right to express my point of view. Were just regular people with a lot of concerns. There was a heavy police presence, but there were no problems. To not President Trump is weighing in on a civil rights tonight President Trump is weighing in on a civil rights issue having to do with transgender students. President trump is doing away with the obama guidelines in public schools. Last year president obama ordered students to use bathrooms matching their gender identity and not whats on their birth certificate, but this afternoon the orders were scrapped because the Trump Administration believes each individual state should be in control. The president made it clear that hes a Firm Believer in states rights and that certain issues like this are not best dealt with at the federal level. House Minority Leader Nancy Pelosi called the move a cruel blow to an already Vulnerable Group of young people. Kamala harris is blasted President Trumps executive order on immigration. A dramatic increase in deportations is expected once its signed. Senator harris called the policies too extreme. Theres one interpretation that suggests if someone is suspected of committing a crime, then there is a basis for i. C. E. To act. Thats outrageous. Thats ridiculous. Thats crazy. As far as the travel ban, President Trump has said he would issue a revised executive order this week, but to the the white house said but tonight the white house said it would be delayed until next week. Veronica de la cruz, kpix5. Tonight Palo Alto Police want you to take a good look at this guy. He wore a star wars hoodie. He and another suspect tried to break into a home on Roosevelt Circle but could not get in. A little later they broke into another home nearby and stole jewelry and other items. We told you what happened when one mans storage locker was broken into last night. We exposed how even with insurance you may be out of luck. Tonight former insiders reveal why they pressured people to buy that insurance and who got paid as a result. Julie watts is back with a story youll only see on kpix5. All of our customers are required to have some form of insurance. Reporter if youve ever rented Public Storage, youve probably heard that line. They force their employees to learn the script. Reporter these two spent a decade managing Public Storage properties anded they were pressured to sell insurance. You needed to be at least 90 on the insurance. Otherwise youre going to be retaliated against and that could mean losing your job. Reporter and in undercover visits to several Public Storage locations you use the orange door insurance program. Reporter we found employees offered insurance without fail. While you arent required to buy the insurance sold here, employees are required to make it look very attractive. We found they rarely let you know you can use your own insurance unless you ask and when you do, they give you this q and a that makes their insurance look much better, but tenants we spoke with say the policy was worthless with them. Despite a ransacked unit, francisco evidence and a Police Report citing burglary, john cernocs insurance was denied because he did not have the locks cut off. Our investigation found there were no signs of Forcible Entry into your unit. Reporter Debra Andrews was also denied, her missing lock replaced with one only the storage unit could get in. They say it was not enough to prove theft and we found scores of similar complaints. In a statement Public Storage said Insurance Coverage for stolen items is 100 proof voluntary. Though the companys own website states insurance for your stored items is required, according to this script we obtained employees must say all of our customers are required to have some form of insurance and in repeated undercover visits so all of our customers are required to have insurance. Reporter dating back to 2010. Insurance is required. Reporter thats what we heard from every employee. We require that they have insurance. Reporter the company also says there are no quotas or any other financial incentives for Property Managers offering the insurance project. These two say as profit managers they didnt profit from purchasing insurance. Their regional managers did. Their bonuses were out of this world. Reporter we obtained internal emails that seemed to about determine the managers made money themselves. The real money was made in Tenant Insurance and bonus plans for regional managers include compensation for insurance penetration. Thats right around the time it got to these two. They say when they stopped pushing the product, their insurance sales dropped and the Company Fired don claiming he stole from the till, a claim he denies. Jim quit soon after. Im embarrassed i had to force people to do something they didnt want. Reporter Public Storage said those former employees are not credible and have no knowledge underlying the claims that they have made. Julie watts, kpix5. Kpix5 hidef doppler is almost completely dry. Woodside, Los Altos Hills may get a shower between now and midnight. Crazy weather in the mountains the past couple days. Up 8,000 feet in elevation theres a location called ward mountain. They had a certified wind gust on monday 199 miles per hour. How about boreal mountain, 46 feet of snow, 557 inches of snow so far this winter. Getting chilly tonight with clear skies, santa rosa almost in the 30s, livermore 41, concord 46. We start off around freezing tomorrow, santa rosa 43, fairfield 45, a cold night in the santa clara valley, down to 37 degrees overnight tonight. We had some showers, even a thunderstorm in the north bay this afternoon, all that wrapping around an area of low pressure that is thankfully moving out and a ridge of High Pressure moving in, drier weather. With the winds from the north, well stay on the cool side of average the next couple days, but its not going to rain, so who cares about the temperature really . Gear looking at afternoon sunshine tomorrow and also friday. Now the weekend weve talked about a rain chance. Lets downgrade that. Its now just a shower chance, just some light showers mainly on saturday. Theres the chance that sunday will be completely dry. So flooding rainfall . I dont see any for at least the next week, likely longer. Were cold away from the water the next couple nights raising the threats of isolated black ice. The weekend forecast is trending drier. There will be a few showers, but certainly no washout and no additional flooding this weekend. Concord 55 tomorrow, chilly, sunny, napa 53, redwood city 55 degrees. So just those showers mainly saturday. Well keep it in there for sunday and next week were going dry monday, tuesday, wednesday, back into the 60s. This may be, albeit temporarily, an end to the flooding rainfall for the foreseeable future. Lets hope so. At least the next two weeks. Absolutely. Its going to feel great. Thanks, paul. Well, seven new discoveries in outer space, the question tonight, are we alone . ,,,,, closed captioning for this newscast is sponsored by Living Spaces. Nasa is confirming a discovery in a galaxy far, far away. They spotted seven planets the size of earth orbiting a star in the constellation aquarius. Thats about 40 light years away. Thats really far. Whats intriguing about the planets is that scientists believe three of them may have water which means they could support life. Now with that information astronomers now say finding a second earth is not a matter of if, but when. And it may be right inside our own galaxy. Why steve kerr thinks the 2nd half of the nba season is going to be insane. And march is right around the corner and its the buzzer beater time of ,,,,,, the nissan sports report coming up next on kpix5. The cal bears are no lock to make the ncaa tournament, butt a within at tomorrow tonight a win tonight at tomorrow against sixth ranked oregon would certainly help their cause. The bears look like theyre shooting. Cal up 15, less than 10 minutes to go. Same, set, match, right . But then the ducks on a 132 run. Game tied, final seconds. Brook with a hand in his face hits the go ahead shot with. 2 left. Oregon wins 6865. The bears are 16 against ranked teams, not going to look good in many were. Stanford the winner tonight. Football news 49ers john lynch said he and head coach Kyle Shanahan met with Colin Kaepernick in santa clara. The kapper is set to become a free agent but couldnt return to the 49ers. The warriors are back on the home floor the first time in a week when they get the clippers tomorrow at oracle. After tomorrows game gets a little rough from february 25th to march 11th. Theyll play nine games with only two at homes. Three times theyll play back to back nights and travel roughly 11,000 miles before ending it all in san antone. Steve kerr not a fan. We have the most insane schedule ive seen in all my years. It will be the eighth game in 12 days with 10,000 miles. Its insane. Ice fishing in the canadian province of quebec, this guys name david and look at what david found. Oh, looky there. Oh, that is a 32pound pike out [music] wed do anything for kids. Yet 1 in 6 children in the us struggle with hunger. Help end childhood hunger near you. Learn how at feedingamerica. Org. With Stephen Colbert is next. Our next newscast is tomorrow morning at 430. Michelle griego and kenny choi will have all the news you need. To start your day. Good night. The late show with Stephen Colbert is next, our next newscast is tomorrow morning at 4 30. Announcer the following is a paid advertisement for Armando Montelongo live events. You are about to meet a man that can change your future now. He is americas top realestate investing expert, he has been featured on the numberone realestate hit reality show flip this house, and is a bestselling author. He is the most soughtout realestate expert in the world and has changed thousands of peoples financial futures. You now have the opportunity to spend time learning armandos moneymaking realestate strategies at his live event coming to your area. After attending one of armandos seminars, i started making offers, got into a property, made 35,000 net profit. After learning from armandos techniques and teachings, we went ahead and bought our first property, and we made over a little bit over 40,000. 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