for years, the landscaping in berkeley's residential traffic circles has been maintained by the people who live nearby. in may of last year, city staff recommended all of the trees in the circles be cut down because they obstructed the view of drivers. predictability, a lot of people thought that was not a good idea. >> absolutely not. in fact, i think they support rather than the track. >> reporter: the decision was the result of a $2 million lawsuit settlement when someone was injured in a crosswalk at this intersection. this tree was alleged to have contributed to the accident. when more than 1000 residents signed petitions, the mayor created a citizens task force to work with staff engineers, who then recommended that only trees up to six inches in diameter would be allowed. >> they seemed perplexed by the idea that you cannot guarantee a tree would only be six inches in diameter, the trees grow. >> reporter: the task force discovered other cities like seattle require trees in their traffic circles and that federal traffic guidelines recommend them to make circles more visible, and possibly prevent what happened in berkeley two weeks ago. this evening, after a year and half of studying the issue, the council is meeting to make a final decision. >> i hope the city council agrees with us and approves our policy recommendations. >> trees are a good thing. >> trees are a good thing. [ laughter ] >> reporter: that may be happening because he is morning emails from the city went out saying staff was no longer recommending removing any trees. rather that was from the persuasiveness of the argument, or the ire of the voters is anyone's guess. >> i think maybe they have had some people talk some common sense into them about not confronting the neighborhood. >> i would like to think we made a difference. [ laughter ] >> reporter: to paraphrase joyce kilmer, i think i should never see a legal brief as lovely as a tree. the city may have seen the wisdom in that and it has got to be driving the lawyers crazy. in berkeley, john ramis, kpix 5. >> the council is still discussing the matter right now. when they reach a decision, we will post an update for you on kpix.com. here is a look at our top stories at 5:30, dozens of san jose high school students walked out of class today to defendant daca. >> not as a supreme court heard oral arguments the president's bid to end protection on young immigrants. several bay area activists joined in the march. right now, students and activists rallying at uc berkeley plaza. let's listen in. >> people of color, someone who was not born here, no! we need to defend daca. we need to defend these humans. >> this is a part of nationwide protests to call for an action to protect daca. five of the people wounded in the gilroy garlic festival are suing. they claim negligent security measures get the gunmen easy access to the grounds last july. three people were killed, 14 injured. the gunmen, santino logan, took his own life. shawn williams comes from the san jose police department. he will face major challenges after some high profile incidents involving the department, including the deadly officer involved shooting last february. san francisco's mayor and two supervisors have reached a compromise on fixing the city's broken mental health system. the mayor and supervisors competing plans were at odds. today, they announced they are coming together with a new legislation aimed at getting quicker approval. part of the compromise is too narrow the scope of people who will qualify instead of making mental health care available to everyone. people who are homeless, with serious mental health and substance abuse issues will get the services first. >> we have to do better. this is why so many people are frustrated. not only the people who are working in our public health system, but people who are the ones that sadly are out there who need our assistance. >> both sides say they are committed to expanding mental health and substance abuse treatment beds, as well as finding money to pay mental health workers more. there is talk of banning the public from tomorrow's oakland public school board meeting to prevent more of this. this chaotic scene unfolded during last month's board meeting. things escalated when protesters rushed a barricade. groups are upset with plans to close schools amid a budget shortfall. last meeting was held in upstairs classroom and the elementary school. the public was kept downstairs, where they were able to use a microphone to comment. usd says in might do the same thing for tomorrow's meeting. 14 fraternities at san diego state art suspended following a recent death at a frat event. lastly, 19-year-old dylan hernandez was found unconscious without a pulse in his dorm room. investigator's are trying to confirm if over drinking during a frat party played a role in his death. >> you can tell he over partied, more than usual. i was like just make sure he is okay. >> they have yet to reveal the name of the fraternity where hernandez attended. doctors in detroit say they performed the first ever double lung transplant due to vaping damage. michelle medina reports the patient just 17 years old. >> reporter: doctors at henry ford health system in detroit say vaping damaged a 17-year- old long so severely, he needed a double lung transplant. >> what i saw in his lungs is nothing i have ever seen before. i have been doing lung transplant for 20 years. for an doctors say the teenager is doing as well as can be expected. he is not being identified, and has asked for privacy at this time. a family statement says quote, within a very short period of time, our lives have been forever changed. he has gone from a typical life of a perfectly healthy 16-year- old athlete, to waking up incubated and with two new loans, facing a long and painful recovery process. >> within two weeks, he was off the ventilator, and starting work with our physical therapy team, started to walk again and slowly regaining his strength. >> reporter: the hospital released these images of the lungs before and after the transplant. >> there was an enormous amount of inflammation and scarring. there was also multiple spots of dead tissue. >> reporter: so far, 251 people have been diagnosed with vaping related long illnesses. 39 have died. a recent study found 11% of middle school and 28% of high school students reported using e-cigarettes. >> i believe we are just beginning to see the tip of the iceberg, and making sure that our teenagers understand the danger of vaping is of paramount importance. >> reporter: the patient's family added if you story can save just one person and prevent others from vaping, it is a step in the right direction. michelle medina, cbs news. >> last week, the cdc announced a potential breakthrough. investigators found a common tocsin of concern in the lung fluid of nearly 30 patients who suffered lung injuries. the chemical, vitamin e acetate. new complications for former president jimmy carter after brain surgery this morning. he is not recovering and will main will remain under observation at emory hospital in atlanta. the 95-year-old had a procedure to relieve pressure from bleeding on his brain. the 39th president has had several major problems in recent years, including a cancer diagnosis and recovery. michael bloomberg has not made an official announcement on a presidential run, but it is looking more likely by the day. the former new york mayor filed paperwork today to appear on arkansas' primary ballot in march. he found last week in alabama after warning the current field of democrats is not equipped to defeat president trump. bloomberg plans to skip the traditional early voting states and focus on the super tuesday contest instead. meanwhile, the mayor of south bend, indiana surging in iowa, a new monmouth diversity poll of caucus goers puts people to judge at the top of the list. he is up 14 points from the large last survey in august. joe biden and elizabeth warren have lost support at that time. the days of our lives numbered. the long running soap facing cancellation rumors after the entire cast is let go. >> he is a sizable fellow. sizable indy. not just picnic baskets, turns out there's has a taste for pinot. coming up new at 6:00, a company is offering people $10,000 and a job. the only caveat, you must move out of california. one of the most important things you can do is to make sure you call 811 before you dig. calling 811 can get your lines marked. it's free, it's easy, we come out and mark your lines. we provide you the information so you will dig safely. itreat them all as if, they are hot and energized. stay away from any downed wire, call 911 and call pg&e right after so we can both respond out and keep the public safe. and anderson valley vineyard has become a popular spot for more than just wine connoisseurs. don ford reports it is attracting an unexpected visitor with a taste for pinot. >> reporter: vineyards in sonoma county have been living alongside coyotes, foxes, and bobcats for years. now, there are bears. navarro vineyards stretches for more than 1000 acres. they serve customers from around the world. after dark, one customer keeps sneaking back in. this got. >> we know it is a big male. he is a sizable fellow. we saw a lot of eating grapes. he will plug them right off the vine. they go after the pricey grapes too. they like the pinot noir. >> reporter: megan is a wildlife ecology specializing in bears. she says he is not alone. >> what we are seeing now is the trend for black bears moving on into the greater parts of sonoma county. if you are a bear, this is where you want to be. we have grapes, orchard, organic produce, livestock, honey, compost. so, it is kind of bare mecca. >> reporter: the signs are showing up more and more. cameras are capturing the bears moving around. giant poppet have been recorded and folks are being careful. >> fortunately, they are pretty shy and they will scoot off pretty fast. >> so they are not aggressive? >> no. and we don't want them to be. we maintain a good, healthy safe distance from them. we don't want to have an encounter. >> reporter: the vineyard says the bears eat about 1% of their crops and says the winery will simply live with that as part of the price of not harming the bears. no one knows exactly how many bears are moving south into sonoma. one thing is clear, the population is growing. >> reporter: the tahoe area has a real bear problem. >> yeah, we don't want to be like tahoe. we want to be proactive and reactive in this project. the bears are safe and humanistic, property is safe. we are really living in coexistence. >> reporter: in sonoma county, don ford kpix 5. >> navarro vineyards estimates last year the bears ate about $2000 worth of grapes. dana foods owns berkeley farms, haywood based barry brand. dean foods says it has answer talks with the dairy farmers of america cooperative that could result in the sale of all of its assets. berkeley farms will remain in operational as the parent company goes to the chapter 11 process. measuring force conviction does not start for another week, but street closures are already in effect. it started this morning on howard street. they shut down between third and fourth streets. that is in effect until november 24th. all of the activity centers around the center, organizes recommend you take public transit and detours will be in place. disney's brand-new streaming service may be a victim of its own success. a lot of people got an error message when trying to connect to disney+ today. the problem started a few hours after the midnight launch. more than 8000 reports, including problems with video streaming and logging in. disney says consumer demand exceeded its expectations and is working to resolve the issue. they have not said what caused the problem. the glitch did not rattle investors. disney stock closed at more than 1% in a rare location on wall street. today, the dow closed perfectly unchanged. the last time that happened it was april 2014. the nasdaq also hit a new closing high. a bit of drama cut right from the pages of a soap opera. >> like sand through the hourglass, so are the days of our lives. >> because it is a soap opera. those stands currently running out for the cast of the longtime soap. all of the actors told they are being released from their contract. days of our lives will go on hiatus at the end of the month. reportedly, they have enough episodes shot to finish the season. there is industry speculation that after more than 50 years at 13,000 episodes, days of our lives may not come back. people magazine cites a source saying the show is expected to continue. coming up, a soccer star honored for her fight for equal pay. why she is thinking colin kaepernick. it takes a village to raise a child. to build a bridge. to throw a baseball... to throw yourself into the unknown. to lose fear, to create hope. we believe that it takes a village of over 200-thousand dedicated, passionate, driven medical and non-medical professionals to deliver on our belief in total health for all. we are kaiser permanente. thrive. colin kaepernick is trending on social media this evening. >> on our facebook page, we are asking if you think the former 49er quarterback can make an nfl comeback after being out of the league for years. >> on twitter, james goodman says good luck cap, hope you get the opportunity you deserve. another called it a pity mood. >> kaepernick tweeted this a short time ago, i am just getting word from my reps and it is the league is asking about a workout on saturday. i have been in shape and ready for this for three years. can't wait to see the head coach is angie m on saturday. we will see what happens. meanwhile, soccer star megan rapinoe says carpet kaepernick deserves praise and recognition for his contributions as she does for hers. >> after accepting glamour's one of the year award, she drew from kaepernick's backlash from kneeling during the national anthem. in her expense acceptance speech, she said in part, it would be a slap in the face to colin kaepernick and so many other people to dismantle that system that benefits, some over others and quite literally is tearing us apart in this country. meanwhile, darren peck trying to put a little hail mary with the moisture in the forecast. >> maybe a sprinkle? >> on thursday, are we on? >> we are, but it is not going to be a lot. i don't want to over advertise. it might be just a sprinkle on thursday. it has been a well. i pointed out at the top of the newscast, so i opened this can of worms. it will not be a lot. before we get to that, let me show you two celestial objects in the sky. the first, that is a full moon. that is what it looks like right now from our camera on top of the sales force tower. you cannot miss that one if you are out and about. that is looking east. let me show you the other one that is about to set and might not be as easy to spot. you are probably looking at this and going what is he talking about. right there, that is a dot. hopefully, you have got better eyesight than i do. venus. if you look west, you probably want to do it now because it is about to set and the clouds will block the view. let's talk about daytime highs, near 80 today for santa rosa. 77 in concorde, 75 in san jose. these numbers are all going to come down just a little tomorrow and then a lot on thursday. in fact, they will come down so much on thursday, we will actually cool all the way back down to average. it will be noticeable, but certainly bearable. to go along with that cold out, here is the section we were talking about. this is thursday morning at 6:00 a.m. . he looks good on futurecast. i think this is overdone for what we will actually get. this is certainly not the kind of rain that will impact the commute or your drive to work at all. if we look at rainfall totals on here, we are seeing some accumulations, just not enough hitting the gauges we can call this measurable range. let's talk about temperatures, because while tomorrow does cool down a little, it is still above average. i will show you the trend in a second. here is tomorrow, concord 73.67 would be your average. let's get the whole south bay in here. morgan hill is going to hit 75 tomorrow. these numbers are all about two or three degrees warmer today. if you look to the east bay, there is concord at 73, livermore 74, walnut creek, 71. moran, i've got you going in 70s in most spots. low 70s during much of sonoma county until you start to get far enough north, then you are looking at upper 70s. let's do the comparison. if thursday is the day we get out to average, let's show you what average is. concord, you are my example. 66 would-be average right now, we get down to 63 on thursday. we do not stay long. we will warm back up over the weekend. now i will show you oakland. for oakland, average is only 64. we are not really swinging far from that number. in other words, we did not have as much of a warm-up for the past few days from oakland, we probably don't notice this cooldown as much. that is your example for most locations in and around the immediate bay. let's do another comparison, now we will go to alameda county. livermore, i will use you. 66 is the average. 78 today. we get you all the way down to 68 on thursday. if we come in and lend it from there, let's go to san jose, where the average is 69 this time of year. san jose has the highest normal daytime high for this time of year. still, 70 would be normal. we are not really noticing much out of the ordinary here either. as we look through the next seven days, thursday stands out, only because we have been so warm for so long. there is your small chance of drizzled in the morning. the clouds increase, we did not even put rain in the forecast for thursday. it is not last long. once that weak little system clears out of here, we warm back up. it will be 80 degrees this coming weekend. we will stay there until we get toward the middle of next weekend. you can see there is another cooldown for tuesday and wednesday of next week. keep your fingers crossed, we can start talking about a little more rain and we could actually use it by now. i will see you more but later guys, back to you. coming up and looks at the clock, a pregnant mother of three gunned down in what friends and family say is a senseless act of gun violence. how a pta president gets mixed up in the shooting. and a sandwich started a snowball effect for trouble at bart. tonight, bart says the gm may have apologized, but they were not. the shakes that caffeine may give you. someone just launched a genderless coffee company. one of the country's best chefs may have abandoned the bay area, but it is does not mean you can't get a place at his table. joshua was the mastermind between engler in san francisco. in april, he abruptly walked away. now, we know he is trying something dramatically new, serving eight invitational only holiday dinners at his home. to attend, you have to submit a request on his website, pay $800 per person, but all the proceeds go toward ending childhood hunger, as well as supporting the victims of the california wildfires. and for you serious starbucks lovers, you can still visit the world's largest in chicago. it opens friday in the city's downtown. the four-story, 43,000 square- foot coffeehouse will feature a new menu of coffees and fresh baked goods on sites. the starbucks location, the fifth of its kind. that is it for the news at 5:00, kpix 5 news at 6:00 begins right now. now at 6:00, mixed messages from bart on that now infamous sandwich confrontation. an apology from bart's director. bart cops are saying sorry, not sorry. >> i felt like that was just one more misstep in the handling of the whole situation. they lost their mommy over something dumb. >> a pregnant mother of three killed outside of her home. why her death has devastated a school community. how much would it take for you to consider leaving california? how about a $10,000 bonus to pack up and move out. tonight, mixed signals when it comes to following the rules on bart is what we begin with. good evening, i am veronica de la cruz. bart police are not happy with their boss who apologized to a passenger who was called eating a sandwich on a bart platform. kpix 5's juliette goodrich joins us from the dublin bart station. bart police are saying they have nothing to be sorry for. >> >> reporter: you have got the bart general manager saying sorry, we should not have done this, apologizing to the passengers, employees, and the person that was cited. then, you have bart police saying wait a second, we were just doing our job and following the rules. then, you have bart's board of directors divided on the whole matter. >> you are detained and you are not free to go. >> reporter: by now, you have

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