Jail. Thanks. Campaign 2016 is just weeks away. A pivotal vote on pot, the cannabis race may be closer than anyone thought. It is one of the controversial measures. They approved medical marijuana years ago. Now it would tax the recreational use. U. S. Sa poll says 32 say yes and 40 say no. Joining us and phil, the routs show no slam dunk. Usually with a controversial measure like this, you want to have a 5, 7, even 10 point edge because voters tend to say know in the closing point. That edge may be going up in smoke. Reporter with the support of big names like the california medical association, the naacp and newsom, six in ten voters were ready to legalize recreational marijuana. This is about getting drug dealers off the street. But new poll of california voters show support dropping to a much narrower 52 with 40 of the voters saying no and 8 still undecided. This issue is not about whether or not marijuana should be legalized. Its how should it be legalized. Support for legalization seems to be strongest among baby boomers. It has been legalized in other states with no significant problems. And under 35. People are doing it anyway, so. Backers say the challenge would be with minorities. I have people in my families brains are not well because of marijuana. Californiaens know that our Current System with regards to marijuana is broken. One issue that both the police chief and district attorneys are raising are driving under the influence. If you look at colorado and you look at washington state, their traffic collisions and fatalities have increased significantly. The measure supports revenue, so that Law Enforcement can administer the new law and develop working standard for duis in california. Reporter as for the new poll showing a close race every poll we have seen has shown yes winning by a large margin. The other side might have money and momentum, but we have common sense. Reporter i know you always follow the money, so who is the big money behind this . Interesting, shawn parker, facebook president , 200 million and weed map, well, if it goes commercial it could show you where to buy it all the time. Interesting to note this is big money, 5, 10 million could be going into this campaign for and against. But thats not nearly as big as the cigarette tax we are going to be talking about. Thanks very much. As we mentioned the proposition to increase the tangs on cigarettes up to 2, backing prop 66 while 33 against it. And proposition 33, background checks for those wants to buy ammunition. Polls show 60 in favor and 27 the opposed. Minking with donors mingling with donors, instead she is taking some time off. The official diagnosis came friday, but her camp didnt reveal it to the public until sunday when she stumbled at a 911 event. Its a snapshot, how damaging is her pneumonia diagnosis, campaign stumble or legitimate cause for concern. Go to our website to weigh in. And we will show you the results as they come in at the bottom of our screen. Kpix 5 is here where Hillary Clinton skipped the fundraiser. Reporter it is behind me at the ma sonic center. Tickets started at 250 apiece and no one has yet asked for a refund. Still, as you might imagine, even clinton supporters were disappointed. I was hoping to meet her today. Yeah, are you disappointed. I am to some degree. I know she is going to teleconference in. Her presence will be felt here regardless. This afternoon people were lining up to get into the clinton fundraiser even though Hillary Clinton is not physically here. We are told she will appear by phone or remote video. She is recovering from pneumonia and that has been an issue. The video of clinton leaving a 911 Memorial Service monday was jarring. I hope she is getting some rest. People try to cover it up or hide it and are not forthcoming with information. It was not so much clintons health, as it was the handling of the message about her health. We understand that and have sympathy for that, but the way her campaign handled it. The story changed three times. And this is problematic with the perception they have of her campaign, you hear one thing and turns into another and you never know if she is telling the truth. And president obamas former Campaign Advisor expressed frustration. He tweeted whats the cure for unhealthy pension for privacy that creates unnecessary problems . Supporters say tonight they are hoping for reassurance and maybe a little more information from the candidate. I just want to hear that she is going to get better and she is going to get elected. Being a little bit more human and talking about, you know, acknowledging that she is having this difficulty right now, not being as secret and as ultra private as i think she is intending to be. Knowing that she is here and she is okay. Earlier today clintons Communications Director wrote the campaign could have done a better job handling this issue, liz. Thank you, we will check back in in just a little bit. Meanwhile, a vocal critic in the past, suggesting clinton lack it is stamina to be a president. But in an interview he wished her well. I hope she gets well and is back on the trail and see her at the debate. Trump had a physical last week and will release his record later orange this week. President obama remains confident that he has the strength, regardless of her diagnosis. We will bring the final results later. We are about an hour away from the first game of the season at levy stadium. The 49er fans are filing into levis, nearly 65,000 people expected to attend. Lent outside the stadium. Eyes going to be on Colin Kaepernick at least the beginning of the game. Thats right. This is getting a lot of attention across the nation and league with a lot of other players starting to join in. Tonight we found out some fans at the stadium will be joining kaepernick on a knee. Colin kaepernick will be starting the game from the bench, but all eyes will be on him during the National Anthem as he is expected to take a knee to express Police Brutality against african americans. He is making everybody conscious of what he is talking act. These fans came up from compton to support him. They also plan on taking a knee in the stands. We go through Police Brutality, we lose people every day, you know what im saying, just by Police Brutality. The protests are gaining strength. At yesterdays Miami Seattle game, theta stood, but locked arms in solidarity while some did take a knee. Its their right and, you know, my job is to coach the football team. In kansas city a flashback to the back power salute to the 1960s a chief rose his fist and two new England Patriots rose their fists. Kaepernick jersey sales are going up just because of that. Its a distraction from the game that we are trying to play. A lot of people are saying he is right about it. A lot of people are saying hes wrong about it. Its a free country, america. As far as i know everybody has an opportunity to express their opinion. And many people are expressing their opinion as many people file into levi stadium for some taillight parties for the game against the los angeles rams. It has gotten a lot of attention. Hardly anyone noticed, it got more attention where there were mostly boos, it will be interesting to see what the home crowd does, if there will be boos from the home crowd. Len ramirez, kpix 5. And more on what we can expect during the game later in sports. A selfdriving shakeup, rumors that apple the putting the brakes on its car project. We try to find out what is really going on. A plane crash intoes a parking lot. One of the victims, a bail bondsman. And you can still have our say in your snapshot poll, how damaging is Hillary Clintons pneumonia diagnosis, a stumble or area of concern. Vote now. Results later in this forecast. A lot of clouds throughout the bay area, it is not completely dry on the radar. Up to our north toward chico, storms and around here we are looking at very chilly and breezy conditions, only 60 for high in San Francisco. Talk about 90s returning, we will talk about when coming up. ,,, pg e, this is jerris, how may i help you today . I help customers with their bills. Theres different rates to fit different needs, so listening is a huge part of my job. Because customers want to know that you hear them. They have kids, they have families, they have priorities. I definitely understand that. I have three children, i was a stay at home mom, i didnt have money to pay the bills, and so i put myself in their shoes. And im going to do all that i can to lower their bills and to help their situation. To choose the rate plan that works best for your family, visit pge. Com rates. Together, were building a better california. Project has hit the skids. Kpixs five kiet do separates the latest facts from fiction. Koo ko new at 6 00d new at 6 00, apples car layoff selection. Separating the latest fact from fiction. Reporter all was quiet this monday aftern on san gabriel avenue. This was testing lab. And even if there were turmoil, you couldnt see it from the outside. If you believe the headlines, project titan has crashed into a ditch. Apple expert says calm down and pump your blakes. It is not dead. It is probably going to be going stronger with focused amount of people. Tim says it is a small number of employees that were let go. Project titan had grown rapidly and hired more than a thousand employees from all around the world. I suspect even though they had a vision and a goal, they probably overhired as part of the process. Whats more, bob was brought out of retirement. Mansfield is an apple legend and likely the one that structured the titan team. The fact they brought in mansfield, shows it is a solid future and he is reforming the project in the sense of what really needs to be done and what kind of people he needs as part of making it happen. So is apple actually building a car or are they working on the software to drive it . Are they partnering with another company . Nobody really knows for sure, but tim says whatever it is they are working on, the timeline has not change and expect to see it in the next 3 to 5 years. In sunnyvale. We called to ask for information, but our calls were not returned. And tesla, latest Pilot Software update, they say the selfdriving technology will rely on radar, rather than cameras to help avoid collisions. It will be available in the next coming weeks. It comes after a wreck involving this driver. Three people died after their bay area plane crashed in reno. One of the passengers is ed from san jose, a woman ronnie fernandez. It for unanimous dez. It was bound for san carlos. Live in san jose where she spoke to a pastor who knew one of the victims, jessica . Reporter liz, the plane was set to return here to the bay area just before 8 p. M. And we are learning more about one of those victims, ed, who was a bail bondsman. The plane crashed shortly after takeoff at renos airport, killing the three people on board. Investigators on the ground trying to determine what went wrong. The medical examiner hasnt identified the victims, but loved ones identified one of the victims as ed mumbert. He has been going to his San Jose Church for years. Im in shock. Like im never going to see ed again . Ed believed in god. I trust he is with the lord, but just to not be with him and to laugh and to do the things that we did doesnt seem real. Reporter he says mumbert ran a Bail Bonds Company and would frequently head out of town for work. He told him he was going to reno on a case. He says im on my way to reno to arrest a runner rearrest a runner. If i get back in time, we will see. Thats the last i heard. Along with the pilot and one other person were on board heading to the bay area, at san carlos airport, a single four person plane plummeted into the Airport Parking lot. No one on the ground was hurt. Ed has been through a lot in his life. For him to make it through all those things and to die in this way is its very vexing, very troubling. Reporter the nsa and ntsb are investigatg. Lynne, at the center of a police exploitation scandal has been offered a plea deal in florida. Celeste gawk, the initial charge was felony, but they have offered a plea deal. A revised charge is misdemeanor battery, it is not clear if or when she will return to the bay area. A parking spot as a bold new plan. Back in october we showed you this grassy patchy land the owner dug up without a permit, the problem is it could cause the hillside to collapse and would be bad for the homeowners and anybody walking by. The man plans to do more excavating and build an underground two car parking garage and no, apparently thats not exactly the leader. Parking in San Francisco is tough. Some extremes. Done it all. Driving around the block . You know, temperatures went down. Chilly, like fall. 15 degrees cooler than average in parts of the bay area today and not going to warm up for the next couple days, but wait until the weekend. Todays highs very, very chilly. Only 76, napa, you just barely got above 70, San Francisco, only 60 for high and downtown oakland where we are looking at this view, kind of gloomy. Cloudy and chilly, 55 degrees, definitely a jacket kind of evening at at t park. The big story tonight and tomorrow morning when roberta gives you the forecast, down to montere bay, be a cloudy night with drizzle. And look at the north bay, seeing 40s up there. Up toward santa rosa, 49 and san jose 55. When you factor in the breeze its going to be a briz k night for us in thes bringing area in the bay. Watch the deviation, talking about temperatures running 10 to 15 degrees cooler than average, San Francisco 5 degrees cooler. Tomorrow 73, 13 degrees below normal. If you like it warmer, be patient. Highs for your tuesday, Mountain View only 72, concord 73, not hitting 70, oakland, San Francisco pa sift ka, cloudy and breezy, fairfield warm spot at 76 and santa rosa only 70 degrees tomorrow. The weekend, not the 60s and 70s inland, but the 80s and 90s by the way, comfortably with the 70s and rather chilly at the coast. Things are changing. Cool now. For the weekend forget the jacket. We will need spf 30. Crimes going unsolved as the bare Area Police Department moves into emergency mode, the units hit hardest by the staff shuffle and what it means for public safety. And can we all just roll along . The make over to keep the peace among bikes and cars on mount deablo. ,,,,,,,,,, its part of an effort to put more officers on street. The san jose Police Department is operating under a state of emergency. Part of an effect to put more officers on the streets, on the changes rippling through the department. Reporter thats a reality we are not going to be able to look at every case like we did at one time. Its the stark reality of an overworked and understood staffed Police Department. Cases are unsolved and Sexual Assault and vice and Violent Crime units, as well as many others are put back on patrol. We have a city of a Million People and we have a Police Department thats understaffed. We have to make do with what we have. Reporter starting this week the department was forced to reassign 47 officers from more than two dozen different units. The hardest hit, the canine unit, next the metro unit with six officers and the Sexual Assault unit lost 4. We have to look for long term and short term problems. The short term is being honest and candid that we need help. Like property crimes and Sexual Assault will make the Police Department less effective and undermine the publics trust. He would like to ask for help from either chp. Allowing them to help would be wise rather than saying sorry i cant respond or im going to take that person off the child pornography unit. But until then, the plan as a band date where a department hemorrhaging officers. In san jose, kpix 5. Our lead story involves a bay area woman arrested this past weekend for a dui crash that killed a 3yearold boy. From pleasanton also was arrested last month. She was booked for a dui related crash. Court records have only a dui arrest with child endangerment, no mention of a crash. And kpix 5 exposed tainted water in a california town. We are learning how far reaching the problem is statewide and why cleaning the water is no easy fix. Monday night football here at levi stadium, im dennis anies, coming up back to the future. The 49ers against the los angeles rams. Thats the way it should be straight ahead. And reminder our snapshot poll, how damaging is clintons pneumonia diagnosis. Go vote now. Results after the break. Drinking water with illegal levels of a cancer causing chemical. And theres no easy 5 news you are watching kpix 5 news. Communities Drinking Water with illegal levels of cancer causing chemicals and no easy way to get rid of. Reporter kpix 5 revealed dangerous levelf arsenic in fast food restaurants in the central valley. Our reports have a new study that shows how extensive arsenic contamination is statewide. Its a story only on 5. You can lead a horse to water, but it doesnt always mean the water is safe to drink. However, in this case and sady drinks filtered water as well. Reporter when they moved into their new home, they were told that the water coming from this Community Well just down the hill was contaminated with arsenic. When you moved in, how big a concern was the water. It was our biggest concern about living here. They bought a filter system that supplies both the house and the water trough. They arent alone. This just released report by the Environmental Integrity project shows statewide 95 public Water Systems serving 55,000 people provide Drinking Water with illegal levels of arsenic. Among the Water Systems with the highest levels in california two are in montere county including this one in prune dale. Representatives from each system declined to be interviewed, but the county said it is very expensive for these small Water Systems to get rid of the arsenic. You dont want to throw it back on the ground. Cheryl is with the montere county health department. Its often the homeowners themselves to buy Filtration Systems and then legally dispose of the arsenic. You have to deal with the arsenic waste and the cost of hauling the arsenic waste and if you concentrate it enough, it can be considered a hazardous material. While the legal level is 10 parts per billion. It was almost nine times that and kern county had eight times the legal limit. Tom pelton offered the report. Small Rural Communities dont have the tax base to build Water Filtration plants. Arsenic is learned to cause cancer. Its a lot like smoking. When you smoke a cigarette you are not going to drop dead, but the longer you smoke, the bigger your cancer risk. It is just not right in the richest country in the world we should have people drinking contaminated water. They realize any long Term Solution is going to cost them all. I have no idea how much it will cost to i mean, what are they going to do . Drill until they find just the right spot . Reporter and even then, there is no guarantee the water will be safe to drink. The report also takes issue with the warning sent to homeowners dealing with tainted water. They say it is still safe to drink. They want to say to stop drinking or cooking with that water altogether. A bill signed into law by governor jerry brown. Its being phased in starting in 2019. It will match orr industry that pay worker time and a half for more than eight hours during a day or 40 hours a week. A report from uc davis say it would cover 800,000 farm workers every year. And holding up High School Students at gunpoint and then leading police on a chase from fairfield to vallejo. The High School Students said they were on their way to school when they were robbed. Police tracked down the suspects in the car. The suspects got out and split up on foot, but the police were able to take them down. The fear spread and the students reached out to parents while the school was on lock down. She was scared. She said it wasnt a drill. They were on lockdown and a whole bunch of sirens. So i held off bringing my son to school until i found out what was going on. Reporter they are getting charges of roby and evading charges. Our instant snapshot poll which you can see at the bottom of your screen, we are asking you how will Hillary Clintons health scare affect her chances for the race to the white house. Go to vote now final results still ahead. Lets check back in with kpix 5 live at knob hill where a fundraiser is just wrapping up. Reporter thats right, the people are trg out of the ma sonic center here. There are a number of children we are seeing which is something you wouldnt expect. Hillary clintonw spoke at the end with a recorded audio message. We actually spoke with one of the women who was inside after the event. Hillary came on with her voice. I think it was a prerecorded talk and encouraged us to continue to be active in this campaign, encouraged us to go out to states like arizona and nevada and work for the benefit of the clinton campaign. Reporter did she address her health issus at all . Did she say she was feeling better. She said she wished she was here. Reporter did she sound strong . She sounded fabulous. Ms. Stone also told us gavin newsom was well receive and she is eager to get out and do more work for the campaign. Lets take a look now from the snapshot poll, how damaging is the diagnosis. Getting a lot of response, 67 campaign stumble, 33 say it is cause for concern. We are going to be asking your feedback throughout this campaign season. A showdown between cars and bikes, the new solution to stop the angry confrontations on crowded mount diablo. Of life keep on the sunny side always on the sunny side keep on the sunny side of life tensions between drivers and cyclists on mount diablo. Kpix 5 reporter john ramos with the makeover designed to keep the peace. Mt. Diablo is one of the highest new changes aimed and smoothing exchanges between cars and bikes. A make overdesigned to keep the peace. Youtube is full of cycling videos of the thrilling ride down from the top. But there are also videos like this of the accidents that happen there. You assume a risk on the there is a joke among bicyclists that bicycles dont have fender benders. It comes from these slow moving uphill cyclists. Cars move over putting danger of the cyclists. They are reminding not to pass on blind curves, but they added new striping that even park managers have doubts about. We have to use state law cal standards. Most of the park became double yellow no passing. Cyclists were asking for a doubleyellow lines on blind curves because of cal transgender standards all but one of the 17 miles of roadway on mount deablow are a no passing zone, which means technically drivers will have to wait behind cyclists as they trudge up the mountain averaging less than 5 miles per hour. I say technically because no one thinks they will do that. Many driver will make a decision to cross the where he will yellow line where they feel it is safe so it takes away where it is on the corners. It defeats the purpose. Brandon says he too understands the drivers will want to pass, but he is hoping they will show patience for the safety of the bike riders. If there is a bunch of cars behind them, they should pull over and let the cars go as well. Unfortunately there is no room. So they are hope egg it that have more paefing on the shoulder. But with no money for that, the drive just got more leisurely. Kpix 5. Please dont ride without a helmet. Changes have made things safer. They normally average 25 to 30 accidents a year. So far only six this year. Coming up at wells fargo and damage control of millions of fake customer accounts. Why is the woman in charge of that division walking away with a huge payday . Did you forget your jacket in concord today . There was sunshine on highway 4, but barely got out of the 60s and cloudy from oakland all the way south to san jose up to San Francisco, but find out when 94 degree readings return to the bay. Thats coming up. Live on facebook and live of kpix, its double exmroes plosive. ,,,,,,,,,, center of a massive fraud case. Carrie tolstedt is retiring 125million dollars a big payday for a wells fargo executive at the center of a massish fraud case. Kerry is retiring with 125 million in stock and options. She was in charge of the Division Investigators found they fraudulently opened 2 million unauthorized accounts. They agree to pay 185 million fine. More than 5,000 employees were fired. Cold outside, paul. Chilly, barely in the 70s away from the water in San Francisco. About 5 minutes it got above 60 degrees today and radar isnt completely clear. Zoom into northern california, close to ring, we have a few showers, there were thunderstorms about 2 hours ago, but as it moves southwest, it fizzles out. But the radar is not completely clear, we are rain free here, but over san mateo county, it is cloudy. One spot that it is not, but also not warm is the south bay. Santa rosa 61, kind of a chill for the 49ers game. And concord and liver moor, 62 degrees, so it is breezy and chilly. The coldest day of the summer, last time you only had a high of 68 was may 22nd. Livermore, coldest day since june 14th and san jose, more than a month since this chilly. It was chilly top to bottom. And monday night football in a matter of minutes. Dennis is live. He has his coat on. You may need one too by the end of the game. Kickoff temperature partly cloudy and cool. Santa rosa breezy 49 degrees, and days are getting shorter by about 2 1 2 minutes every day. You think its chilly here, and it is, chilly in western montana. Southwest of billings, its snowing right now. This is a cold area of low pressure exerting its influence opt bay area. On the bay area, only hang out a couple days. Watch futurecast on friday. Not a big l, its a big h centered across oregon giving off a northeast, we will see 90s by friday. Chilly to start the week, but absolutely not by the end of this week. Tomorrow san jose, only 72. You will be 13 degrees below average in concord. Instead the low 70s. Palo alto 70, chilly at the beach, but only 10 degrees cooler than the rest of the bay area. Breezy, pittsburgh 72. Petaluma and san rosa 77 and saint hell lean, cool side of average. Warn up and sunnier wednesday and less breezy. Friday warmer, we will continue the warming on sunday and the week is starting on a chilly note. It will end much differently. How will the 49ers season start, dennis live from the stadium next. , welcome everybody to levi stadium, the 49ers wrapping up their final warmup to head into the locker room as we get ready for monday night football. The season, it begins where it ended last year where the 49ers beat the rams 1916 in overtime on this very field. The difference this time around, the 49ers are playing not the st. Louis rams, the los angeles rams. The rams are moving back to la, so finally another thing for the people of los angeles to pretend to care about. Reporter its been more than 20 years since the rams played in los angeles, even longer since the 49ers and rams show cased the nfls best rivalry along the west coast. From 1950s to candle stick in the 70s it was a california civil war pitting novrt versus south north versus south. The unrelenting brutal force of deacon jones and gabriel. And a genuine and mutual hatred. The football version of the giants and dodgers. Both fan bases understand the rich tradition and the history. Reporter of course the names have changed. Few players can recall the past, but make no mistake the beat la chant will echo just as it did in candle stick. We will rekindle it from the fan standpoint, but until we get to that point, which we both hope or we hope personally that its very soon, you know, we got some work to do. Cal product will be in street clothes, beaten out by undrafted veteran. Its exciting, division opponent first time for it to be my show, starting out and not just taking over like oh, crap. Thats great stuff. Now, he may be the future quarterback, but todd gurley, named the f fl rookie of the year 2015. Im not a comparison guy, so im not okay. Then why did you ask the question . You know what Teddy Roosevelt said, comparison is the thief of joy. President ial knowledge now, jimmy carter once said go out on a limb. That is where the fruit is. Well, jack dell reno, the head coach listened to that advice in new orleans when the raiders had one minute and he elected to go for two, rather than kick the extra point and play for overtime. Michael crab tree came down as the raiders beat the saints 3534. It was redeposition for crab tree who was a 49er at the end of super bowl 47 in the same building. I can promise you he wasnt thinking about it. He will tell you what he was thinking about, but it wasnt that. Were you thinking about the super bowl and all that, man. I have memories. I couldnt sleep last night. I went to sleep about 3 00. This is big for me. Reporter the patriots did not miss a beat without tom brady. Jimmy led, it made for a nice story,ville check wasnt in the mood to hear the hot take from the media. There is really nothing higher on my list than the story line tomorrow. Reporter so he probably didnt read the tb times, tom brady who is an i ware posted his own headlines to facebook, pats anger birds. Signs from fans in the background, well, one last saturday to cash in known as sam, his sign said hi, mom, send beer money. He put his handle on there for his online payment. It turns out over 3,000 people donated money to this guys website, all drinks on sam. Thats it for levi stadium, monday night football tonight, alan and elizabeth. In the words of the great jim ryan, i am jacked out of my mind. So is the guy who got all the beer money. Should be a good game. For news throughout the evening, as always cbs. Com. music plays from one way or another im gonna find y im gonna Getcha Getcha Getcha Getcha one way or another im gonna win ya im gonna Getcha Getcha Getcha Getcha one way or another im gonna see ya inhales cigarette announcer its time to play family feud give it up for steve harvey [captioning made possible by fremantle media] steve how yall doing . How yall doing today . I appreciate yall. Thank yall. Yeah, i do. Well, welcome to family feud, everybody. Im your man steve harvey. We got a good one for you today. Right there. [cheering and applause] hey, folks, returning for their third day with a total of 20,715 bucks, from bloomington, minnesota, its the hayes family [cheering and applause] and from warsaw, virginia, its the jones family [cheering and applause] everybodys here trying to win theirself a lot of cash and a chance to drive out of here in a brandnew car. Lets play feud, everybody give me angela give me rick lets go. [family feud theme playing] all right, guys, here we go. We got top 6 answers on the board. We asked 100 single menname something you pretend to give up for the woman you love. Angela friends. Steve friends. Avrian good answer good answer steve rick . Huh . Rick sex. Steve sex. Sex. Hayes family play play play rick were gonna play, steve. We got this. We got this. Steve see, we asked 100 single menname something you pretend to give up for the woman you love. Sexnotnot with her. Angela yeah, yeah, ok. I went steve its a lot of [indistinct]