The rock. The night has never been this bad. In santa clara county, the good news, the first vaccine doses arrive in days. Plus tonight lawmakers have questions for bank of america after we expose a series of massive state unemployment hacks. How could you tell me im not going to get my money back, the money i earned to meet my kids. Reports that multiple people were shot tonight, reporting one person is dead and two others wounded. This happened just before 8 00 tonight. The paper says officers found two people shot inside a car. The other victim died at the scene. A third victim later turned up at a hospital. Good evening, im ken bastida. Elizabeth has the night off tonight. Right now almost even in the bay area is being told to stay home. Tonight, some Health Experts are questioning about if we are going about it the wrong way. Tonight, many parents made their last trip to the playground. Reporter the signs and the yellow tape around the structure. Playgrounds like this one will officially close at noon tomorrow. Upset, angry, disappointed for all these kids. Reporter the talk amongst parents tonight, how playgrounds will be off limits for the second time this year. I was devastated. I mean these kids love coming out here. Its like one of the few things they could still do right now. I really like it, its super fun. Reporter marin joins four other counties to reinstate a stayathome order before icu capacity drops below 15 . That means activities like Outdoor Dining and playgrounds will shut down for the rest of the year. People might end up playing more inside getting together with groups. And about the role outdoor playgrounds play in spreading the virus. Surfaces are not the main way. A few plan on defying the new order. We come to places like this. Now theyre going to shut that down, what are we going to do . Were going to be jumping over the fence. Guys like me will be honking the fence with their kids like me. Reporter the latest statistic on hospitalizations tonight. Capacity sits around 24 . This stayathome order is expected to last through january 4. And those parents and the playground are not alone. Tonight a lot of people are wondering if the new restrictions are too strict. Tonight joe vazquez got some answers from a top Infectious Disease expert. Reporter there is still Outdoor Dining at burlingame tonight, still allowed in San Mateo County, but no one knows for how long. Reporter many Business Owners are hurting because most of the bay area are at a new stayathome order, which doesnt take into consideration what we have all learned about the virus. For example why is no Outdoor Dining allowed . There is no empirical evidence that shows Outdoor Dining is a cause or a spreader of covid19. Reporter dr. Monica gandhi agrees. Saying we should apply all that we have learned since march. When we take a blunt instrument. Its like you either want to smash the rock or chisel at rock and you will actually get to the same place. I think we have to take the data that we know about, and the fact that people are fatigued, and the fact that people are losing their livelihoods and make decision accordingly. Reporter Health Officials should be chiseling away the stayathome order and allow certain activities like Outdoor Dining. Theres been no data worldwide that says Outdoor Dining with proper social distancing and masking spreads the virus. Same goes for kids on playgrounds. She worries government officials, they could lose the trust of the public if they dont follow the science. That appears to be the sentiment of San Mateo County Health Officer who released a long statement today, explaining why he has declined five other bay area counties into a stayathome order. What we have before us is a symbolic gesture that appears to be style over substance without any hint of enforcement. Joe vazquez kpix 5. Well, here is what we do no. Right now hospitals statewide are dealing with an unprecedented wave of covid19 patients. More than 10,000 of them. Hospitalizations, they are up 72 over the past two weeks. Icu admissions are up 69 . Tonight the Northern California region has the highest icu capacity about 28 . Followed by the bay area at about 26 . And then sacramento. But take a look at Southern California and the San Joaquin Valley just 11 and 6 . Im betty yu in san jose, where county Officials Say it is facing their greatest steepest surge yet, urging residents to stay at home and avoid anything that is not essential as they break yet another covid record. Tonight Outdoor Dining spaces, they sat empty. The streets of willow glen are quiet. Same story over at san pedro square downtown san jose. Just as the county entered its first stay of the stayathome shutdown, they also broke a new record. 1,450 new cases of covid, double the singleday record set just last week. This latest surge is stretching hospital staff dangerously thin. And as of today, we would have 50 empty icu bedrooms remaining in our county. Thats 50 bed for a county of two Million People to carry not just for covid, but to care for everyone. Reporter and dr. Ahmaud kamal is asking the community to redouble their efforts. We need to wash our hands. We need to distance, we need to wear masks. This is the only way that were going to get through this. Reporter the county set limited doses of the Pfizer Vaccine that may arrive by next tuesday. Once approved, healthcare workers, residents, and Long Term Care facilities will be the first in line to get that vaccine. As we start to get vaccinations, that does not mean that we should not be as diligent and vigilant about our prevention measure. Reporter the rollout of thevaccines will be gradual taking until next spring or summer to complete. In san Jose Betty Yu Kpix 5. And the state plans to launch an app this week that will notify you if you have been exposed. Its called ca notify. This app alerts people if they have spent time with someone who tests positive. People will be able to activate the notification tool from the settings menu on their phone. The app rolls out to the public on thursday. A reminder kpix 5 has a new app. It gives you 24 7 access to cbsn bay area and realtime news updates. You could also sign up for breaking news alerts. And still ahead tonight, lawmakers pushing for accountability after we exposed a series of massive state unemployment hacks. This is just absolutely unacceptable, that we have a bank thats not responding, that they are not responding to you or me and not responding to the people who they are serving. Reporter and plus remembering the man known as americas greatest pilot who made history. Over the california desert. And the face new developments tonight in a series of massive state unemployment hacks that we first exposed. Now attention is shifting from the state to bank of america, which distributes most of that money. At last count 105 billion through debit cards. We discovered are vulnerable to hackers. Kpix 5 kenny choi has received more than a hundred emails from victims and reports that lawmakers are now taking notice. Reporter from a criminals perspective, its the perfect scenario. Atms give out dollar bills and cash is king in the under world. This show fraudsters are now stealing pandemic jobless funds. Its a sophisticated scam we uncovered after hearing from more than a hundred victims. Now lawmakers are paying attention. Its just unacceptable that we have a bank thats not responding to you, not responding to me, not responding to the people who they are serving. Reporter that was Assembly Member phil tings first reaction after watching reports about hack attacks issued by bank of america. Ebts exclusive card providers. 1,000. Two transactions for 1,000 each. My mother lost 4,806. Reporter we heard from hundreds of californians who lost thousands of dollars. As we have previously reported the debit cards do not have chips, making them more vulnerable to fraud. But despite all the obvious red flags. How did i make two transactions in san diego and arizona within minutes of each other . Reporter victims tell bank of america routinely denying their claims, leaving them holding the bag. I was really mad. How can you tell me im not going to get my money back . The money that i earned, thats rightfully mine. Reporter the single mom found out her card was hacked while on a road trip to pismal beach with her kids. Im thinking whoa, im not there, im all the way down south. How did that happen . And of course i panicked because ive never had anything happen like this to me before. Reporter like everyone else she spent days trying to get through to bank of americas Fraud Department to appeal the denial of her claim. As soon as you tell them its a fraud claim, and as soon as you give them your claim number, they hang up on you. Reporter she is still out a thousand dollars, money she desperately needs. I need to feed my kids, thats the most important thing. I need to be able to provide some kind of reassurance to my kids that hey, you know, i got you guys. Things will be okay. We really need to know, what is the problem and how do we solve it . Were going into the Holiday Season, where people need money to maybe buy a few gifts for their kids, to make sure that they will have a nice Holiday Season with food and so they cannot get access to money, then i dont know how they do that. Reporter ting is leading the bipartisan answer to demand answers from the bank. The lawmakers are calling for them to explain why it is not unfreezing an unknown number of debit card accounts that ebt has now confirmed are legitimate. As we have been reporting, they throw 350,000 accounts months ago. We have so many people who do not know why they cannot access their funds. Reporter now ting wants answers from the bank about the hacks on active accounts that we would expose. What is the next step to help the victims . Its been several months. It really looks like there is no solution right now. Reporter right, well, look, for all of us, we can continue to pressure ebt to push their vendor to do what theyre job is. And i think thats what were going continue to do. We can make sure at the next hearing bank of america will show up. That bank of America Needs to respond. If theyre under contract to service these individuals, and they cannot perform, they should give it up. Give us the answers or give it up, we should find someone else to do this job. We have good news to report. Liza got her 1,000 back after submitting her name to bank of america. She is now one of 15 victims who got help after we highlighted their cases to the bank, but there are still countless others who are waiting. Exactly how many . We dont know because bank of america hasnt revealed thosenumbers. Kenny choi kpix 5. Bank of america finally did respond to assemblyman tings letter today. The bank says they review every claim and restores money promptly to legitimate recipients. The bank says it has increased Call Staffing to more than 6,000 of its personnel, and that most of the 345,000 accounts that ebt asked to freeze are fraudulent. The losses so far, just on those frozen accounts at least 2 billion in taxpayer dollars. We have posted the letters on kpix. Com along with instructions on how to automatically transfer benefits out of your debit card account, and into your personal account as soon as that money comes in. That might be the safest option at this point. In other news tonight, president elect joe biden is set to tap retired general lloyd austin as his defense secretary. If he is confirmed by the senate, austin would become the first black pentagon chief. He retired from the army in 2016. Requiring a congressional waiver to take the job. Sources say biden reached out to austin over the weekend to offer him the position, which he accepted. New at 11 00, a former u. S. Air force officer who became the first pilot to break the sound barrier has died. Chuck yaeger made the historic flight in a bell ss1 rocket plane. It happened in 1947. His story later portrayed in the movie, the right stuff. Chuck yeager just joined the military, stationed in mountain view. On this day 79 years ago when japanese planes bombed pearl harbor. Special ceremony at mount diablo to mark pearl harbor day. Three local world war ii veterans shared their story during a Virtual Event before the beacon was lit. The beacon used to guide planes coming into the bay area since 1964. It has only been lit once a year on december 7. Check in with paul hagan right now. Boy, you can see the light tonight, pretty clear outside. Yes, not nearly as windy on top of mount diablo as the conditions were last night. Very cool condition that they needed to light up once a year for a very good night for it. Now last night, they would get blustery out there. Lets take a look at the peak wind gusts that we had last night. 70 miles an hour winds on top of mount saint helena, on top of the mountain last night. We would have 30 to 50 miles an hour winds elsewhere across the bay area. We do have wind gusts that are called down significantly since then, talking about 10 to 12 miles an hour wind gusts right now. Higher in the highest elevations, thatll be the case through the rest of tonight. But by tomorrow morning, the winds will be close to call, but youre always breezier along the coast. Now the winds will still be offshore tomorrow. Not nearly as strong. And so the offshore direction means we will still be above average, especially along the coast. But the lighter winds means the fire danger will be much lower than what it was. We really need some rain around here, more on that in a second. Hey, okay, we lost all of our temperature data except for oakland and san francisco. 54 degrees in oakland. 60 in san francisco. And everybody else was there. Sitting in the 40s right now in santa rosa. I remember that on my map. This is all sorts of fun this evening. Temperatures right now by tomorrow morning, they will dip down into the 40s across most of the bay area. Right around 50 degrees or right around the bay and along the coast. A little bit warmer than the conditions that we saw last week, for instance. The temperatures, theyre going to warm up as we would head through the day on tuesday, which is good news for the nuggets. They live in sunnyvale, thank you for sharing that picture, perhaps his. I think i asked specifically, but thats awfully cute. Temperatures will warm up to around 70 degrees during the afternoon. Were going to see substantially above average temperatures, just across the board. 10 to 15 degrees above normal again on tuesday. And wednesdays temperatures will be cooler because we will get that onshore breeze to kick in. We will be above normal. Now tomorrow along the coast, upper 60s and the low 70s around the bay and mostly low 70s inland. The warmest spots are reaching into the mid70s. There is a chance, an outside chance, but a chance, nonetheless, that maybe well see some rain headed our way as we would head into the weekend. Now a chance for showers. The computers, theyre trying this new thing, where they are getting very specific with the rain chances. You could call it a 20 chance on saturday. And 30 chance on sunday. Thats for san francisco. Now for santa rosa, it will be slightly better chance for the north bay, for the santa clara valley, where you really need that rain. It will be a lower chance of rain overall, something that we will keep you updated on as we get closer to the weekend. It will be breezy on thursday, otherwise just a slow return to closer than average temperatures as we will get into the end of the workweek and the weekend. Right now its time to check out another bay area bright spot. We are sharing this with you to light up the darkest time of the year and also to just light up 2020 in general. This particular one, this evening will come to us from pacifica. This is the engelhart family on mckinley avenue. A bunch of inflatables up, the penguin there, even the minions getting into the holiday spirit. My nieces would love that one. We want to see your holiday lights and decorations too. You can email your pictures, videos, to bay area bright spots at kpix. Com or you can tag us on social media with hashtag kpix. Com bright spots. Dennis . Hey paul, can the 49ers make a playoff run in the desert in arizona . The question is does mick mullins have what it takes to keep up with the near 100 beef and hearty chili. Try my 5. 99 chili cheeseburger combo. Its pretty delicious. But today theres a combination of two immunotherapies you can take first. One that could mean. A chance to live longer. Opdivo plus yervoy is for adults newly diagnosed with nonsmall cell lung cancer that has spread and that tests positive for pdl1 and does not have an abnormal egfr or alk gene. Its the first and only approved chemofree combination of two immunotherapies that works together in different ways to harness the power of the immune system. Opdivo plus yervoy equals a chance for more days. More nights. More beautiful weekends. More ugly sweaters. More big hugs. More small outings. Opdivo and yervoy can cause your immune system to attack normal organs and tissues in your body and affect how they work. This may happen during or after treatment has ended and can become serious and lead to death. Some of these problems may happen more often when opdivo is used with yervoy. See your doctor right away if you have a new or worse cough; chest pain; shortness of breath; diarrhea; severe stomach pain; nausea or vomiting; dizziness; fainting; extreme tiredness; weight changes; constipation; excessive thirst; changes in urine or eyesight; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; fever; or tingling in hands and feet. These are not all the possible side effects. Tell your doctor about all your medical conditions including immune system problems, or if youve had an organ transplant or lung, breathing, or liver problems. Heres to a chance for more together time. A chance to live longer. Ask your doctor about opdivo plus yervoy. Thank you to all involved in our clinical trials. 100 beef and hearty chili. Try my 5. 99 chili cheeseburger combo. Its pretty delicious. Dennis is here with sports, its everything, youve got them going great, we get to go to the desert playing football. And they are going oh darn, we need to go to the desert to play football. You know, ken, i think the 49ers felt the move, the desert might rally the football theme. But tonight that playoff dream is looking more like a mirage. Hoping to have a chance at playing there. The 49ers, second quarter, the bills quarterback, josh allen to cole beasley, game time, and the created celebration. But make no mistake, the bills are grown men and they play like it. Allen threw for 375 yards and four touchdowns. This one to Isaiah Mckenzie gave buffalo the 2410 lead. And still a game, but this could not happen. Deflecting nick mullins mass. And the ricochet will always be a bad sign. Led to the touchdown, 2717 bills. Three touchdowns, but two interceptions. He was completely outdualed by allen. Bring up the touchdown to gabriel davis. He is wide open. Completes those passes. Dropping the 49ers to 57 on the season. That is probably the worst part that we know exactly what they were running from head to tow. Do you think that it had anything to do with the way that it went tonight . Absolutely zero, we feel like we could be a better football team, so we are all frustrated. We know this loss is not going to break us. And so the 49ers next phase, alex smith and the washington football team. Smith bloodied, but strong. Gets the steelers. Fourth quarter smith was wide open. Logan thomas, tied up the game at 17. They outscored pittsburgh by 17 in the second half and hand the steelers their first loss of the season. And so that means the 1972 miami dolphins, theyre still the last undefeated football team. Of that team, he toasted tonight. Tonight, im a washington fan. , yeah. 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