From is the big question now. Help us convince caltrans and mtc to put some additional funds, its not a lot to get this started in marin. Its being done all over the bay area. Its our turn. Reporter its not as simple as saying, okay, we have the money for one, lets turn the switch for that one on because these have to be done in groups. You turn just one on, apparently drivers will reroute to another onramp and just create traffic there. So this is a much bigger broader reaching project. Reporting live in marin, emily turner, kpix 5. Well, the Transportation Agency is also hoping state funds can help that project now that the governors road repair bill is passed. The Santa Clara County d. A. s office investigated san jose state to see if administrators lied about a Sexual Harassment investigation. Despite repeated requests, san jose state has want to talk on camera about this. But kpix 5s maria medina is back with new information. She says the d. A. s office has some serious questions. Reporter hours after our story aired uncovering the santa clara District Attorneys investigation into two sjsu administrators last year, the university wanted its side to be heard releasing this statement its important to note that the investigation initiated by the deputies District Attorney did not result in any criminal charges. The crime was even identified and the investigation was formally closed in september 2016. And the university is right. There is no evidence dean alain chin and associate dean mary mcvay lied. In a letter to a whistleblower obtained by kpix 5 the deputy District Attorney says their investigation was hampered because the sjsu lawyer objected to witness interviews being recorded and also because of this. Chin and mcvay told an investigator before a 2015 Sexual Harassment complaint against a professor he had no other formal or informal complaints against him but turns out there was. Air 2014 anonymous complaint. The attorney went on to say in his letter although there is reason to be skeptical of this definition of formal or informal complaint, it became obvious during our investigation that we would never be able to prove otherwise. Reporter thats where the investigation ended. Now, a spokesman for the University Said they never agreed to recording those witness interviews with the d. A. s office. As far as the d. A. s office they refused an oncamera interview about our story, as well. Live at sjsu, maria medina, kpix 5. New at 6 00, the San Jose City councilman is apologizing for comments he made about the vietnam war. Kpix 5s kiet do shows us the angry response after he called the war pointless. Reporter the incident happened here at county headquarters on sunday april 30th, the 42nd anniversary of the fall of saigon. For many vietnamese americans, it is a very painful day. And then San Jose Council member lanza yeah took the poad yeah and made an impromptu speech. He said in vietnamese they were gathered here quote to mourn civilians, soldiers and refugees lost as a result of a pointless war. This video posted to youtube shows what happened next. A woman starts shouting from the crowd. And then a man wearing a khaki colored military uniform storms out from back stage screaming. Listen carefully and you can hear him apologizing in vietnamese. Reporter but the man in the uniform isnt done. They try to held him back but he breaks free and makes it back to the podium to confront him face to face. At this point, even the emcee is apologizing and he walks away. So youre saying youre sorry . I am very sorry, you know. It was completely wrong of me to, um, misspeak like that to use that especially in the context of events commemorating the 42nd anniversary of the fall of saigon. Reporter the vietnam war dead including 58,000 american soldiers a quarter million south vietnamese soldiers and nearly 2 million civilians. Lan diep who is 33 and was born in houston says he is thankful. The sacrifice that is my parents generation went through paved the way for vietnameseamericans of our generations to have the opportunities that we do in america and enjoy the liberties that we do and for that im very grateful. Reporter when you call the vietnam war pointless, why is that hurtsful. Reporter a fellow Council Member tam nguyen says he plans to talk with lan diep soon. Do you think he will be able to recover from this . He has a long way ahead of him. This may be a small step but i think from there on, it may be [ indiscernible ] to get closure together. Reporter in san jose, kiet do, kpix 5. A notorious San Francisco landlord has been ordered to pay a 2. 4 million penalty for harassing dozens of tenants out of their rent controlled homes. The person owns at least 10 buildings around town. The city sued her back in 2015 saying she terrorized her tenants through bullying, intimidation and retaliation so she could get them out and raise the rent. I think this judgment is a complete vindication for these tenants and a vindication for lawabiding Property Owners who are no longer going to be forced to unfairly compete with a cheater. The ruling nullifies all of the pending evictions. She is also now banned from having direct contact with tenants and will be required to use a Third Party Property manager for the next five years. A fight over a sandwich led to the first Deadly Police shooting of the year in San Francisco. Kpix 5s phil matier is outside the subway store on Market Street with a stabbing incident and a swift police response. Phil. Reporter thats right, veronica. Were learning just a minute ago that the victims of the stabbing at least thats nonlifethreatening wounds. So he should be able to testify about what happened. Because what happened at this subway on Market Street really is the story of the day down here. Here it is. Some guy, um, had a little brawl inside the little restaurant up over there. And it is the subway. And, um, next thing you know, police was coming from everywhere. Reporter it was the first Fatal Shooting by a Police Officer in San Francisco this year. And it happened when two beat cops came across a knife wielding man at this subway store right in the heart of the citys shopping district. We observed a white male stabbing another person. The officers intervened during that, at least one officer discharged a firearm. Reporter it all happened fast. I said here comes out like the gun the person who was stabbed was transported for treatment and died. Reporter Police Shootings are sensitive in San Francisco. The Police Shooting of mario woods caught here on video went viral. Stop firing reporter the later shooting of Jessica Williams at the end of a stolencar chase led to the resignation of the last police chief greg suhr. Today was the first Police Shooting under the new chiefs watch. We try to avoid em as much as we can. We do have an obligation to protect the public. Nobody wants to see anybodys life taken ever. Reporter especially in the heart of the downtown where at any minute hundreds of tourists and shoppers are passing by. And where Lester Harris has a shoe stand. This is the biggest situation i done seen since i been here. Reporter now, under the new rules of San Francisco, the District Attorney has a special unit thats going to be involved in investigating this incident, as well. So it could take some time until we sort out the details but as the information comes up, well keep you posted. Back to you guys. Phil matier, kpix 5 in downtown San Francisco. Phil, thank you. We are also learning more about an officerinvolved shooting out of san jose. Police say two officers were responding to a family disturbance call on Mount Frazier drive last night. When they arrived, they say a man with two knives charged at one of the officers. Police say he was able to step back and fire his gun. The 28yearold suspect died from his injuries this morning. The officer who shot the suspect is on paid administrative leave. A San Francisco neighborhood is seeing a spike in car breakins. Elizabeth cook in the newsroom with how police and neighbors are taking action. Liz. Reporter allen, this is happening in the sunset district. Taraval police say there were 157 car breakins reported in the month of march alone. Now residents are putting up signs to warn others asking them to remove all valuables from their cars. But police warn the thieves arent necessarily after everything inside your car. Just one thing in particular. Were also seeing suspects breaking into the cars simply for the garage door opener. And then once they have the garage door opener they make access into the residential garage and they are stealing bikes and tools. Reporter police are asking residents to remove those Garage Door Openers from their cars no matter where they are parked because thieves can use the registration to find your address. If you want one of those warning signs, they are available at the Taraval Police station. Back to you. Thank you. A san leandro family desperate to get their dog back after their car was stolen with the dog inside. This is koda, 14 years old and needs daily medication. He was inside this green honda accord at the Marina SquareShopping Center on april 22. His owner left for 45 minutes returned to find the car gone. Police say Surveillance Video shows a suspect arrived in this white acura integra. The owner issued 500 for a safe return. A School Community in shock after a deadly train accident. A teen hit and killed riding his bike to school. New information on what may have distracted him. Oaklands mayor does an aboutface on money from the soda tax. The change of plans after complaints of a baitandswitch on voters. Bay area schools in a spin over this newest toy craze. Are they a classroom distraction or a valuable tool . [ music ] what do San Francisco, san jose and concord all have in common . They set new daily record high temperatures today as warm as 94 degrees but man, is that going to be a distant memory and soon. Were live in walnut creek with your changing forecast coming up. , everything we stock at Grocery Outlet has crazy low prices. Do you know how we do it . How . Bargainomics say, if california has a bumper crop and produces too many oranges. Or a winemaker in sonoma suddenly has 1000 bottles too many. Weve got namebrand, topquality groceries priced 4070 off every day. Bargainomics. Thats our Business Model. And our Business Model is. Delicious. Grocery outlet bargain market richmond refinery. This photo shows flaring thats been happening at the plant this afternoon. Chevron saying its being done to relieve pressure. The company says a there is no cause for concern at chevrons richmond refinery. Flaring has been happening at the plant this afternoon. Chevron says its being done to relieve pressure. The company says air quality is not affected and the refinery continues to operate. An east bay school is grieving after an honor roll student was killed this morning. He was struck by a freight train. It happened as the teen was headed to school along some Railroad Tracks in san lorenzo. Kpix 5s Juliette Goodrich on how he is being remembered. Our student was a beloved member of our 11th grade class and our entire School Community. [ voice breaking ] he had a big heart and he was able to build close friendships and earn the support and loyalty of everyone around him. [ crying ] reporter a heartbreaking reminder of what happened this morning. A 16yearolds bike left on the train tracks after he was struck. He was on his way to kipp king collegial High School Just a few blocks away. He will be incredibly missed. We are all incredibly heartbroken. [ crying ] reporter many parents today showed up at the high school and nearby middle school after hearing what happened, not sure who it happened to. An 11th grader 16yearold. Its really sad. Reporter saint Regis Ray Kelly urges everyone Sergeant Ray Kelly urges everyone to stay off the tracks no matter what. Parents, talk to your kids. Keep them off the tracks. One reason is the train. Reporter grief counselors were at school to help students. Many students left today with heads down, visibly shaken by what happened to one of their classmates. Its not known if he was walking his bike across the bridge or riding his bike. However, we have learned he was wearing earbuds at the time and likely just didnt hear the train until the very last second. He was an honor roll student. He was on the School Debate team. The school says it is a tremendous loss. In san lorenzo, Juliette Goodrich, kpix 5. Google and uber clashing at center court today over self driving cars. Googles company waymo is suing uber. In todays Court Hearing in San Francisco, waymos lawyers claimed uber orchestrated a plan to steal their self driving car technology. Waymo claims its former employee Anthony Lewandowski was hired by uber to help the company steal the trade secrets secrets. If the judge rules in his favor, uber may have to take its selfdriving cars off the road. Oakland mayor libby schaaf had proposed to use the soda tax to close the citys budget deficit. But after major pushback from city Council Members and the public, she is backing away from that idea. Voters were originally promised the funds would be spent to help fight Childhood Obesity and soda consumption. The city council will meet later this month to discuss other ways to close the citys deficit. It was a good day for a cold drink. Beach weather across the bay area today comfortable at the coast. But away from the water there are recordbreaking temperatures. It is hot out there for sure. Paul deanno live in walnut creek today. Hey, paul. Reporter we are one of the hot spots out here. Were way from the water and we did make the 90s for a third day in a row. Up the road in concord a record high 94 degrees. Some changes are coming tomorrow. So its hot out here in downtown walnut creek. We have a festival going on behind me and a general nice day to be outside. Well be in the 80s until about 8 or 9 00 tonight. Wait until you see how chilly it is going to be in places like walnut creek. As soon as this friday. This heat wave is done, guys on friday. 94 in livermore. 92 san rafael. 92 napa. 91 san jose. 87 sfo. 82 downtown San Francisco. All six of those either tied or broke the daily record high. So today was a warm day. Most of those records were set four years ago back in 2013. Now, look at tomorrow compared to today. San francisco will likely be 19 degrees cooler tomorrow with a high of only 63 degrees. Thats more like it right . 29 down to 75. 17 degrees cooler in san jose. And temperatures dropping anywhere from 11 to 19 degrees all throughout the bay area tomorrow. Specifically walnut creek. It will arguably be more comfortable tomorrow with a high of 79. Thats about 15 degrees cooler. And friday mostly sunny, walnut creek not hitting 70 degrees. From the mid90s to the upper 60s, in less than 48 hours. Big ridge of High Pressure is moving away. Thats why the wind direction will change and as soon as we grab that ocean influence, you lived here for a while, you know what happens, we get cloudy. We get chilly. A much stronger ocean breeze tomorrow near the bay. Youre in the 60s. Some of that cooling will make it inland tomorrow but more significant cooling coming up on friday. Lets talk about your thursday highs. Livermore 83. But pacifica only 62. San francisco as i said 63 degrees. And redwood city 80. Santa rosa 75. Extended forecast, friday barely into the low 70s inland. And only the upper 50s along the coastline. Saturday and sunday even a chance of a couple of showers as an upper level area of low pressure swings by to the south and west so scattered showers possible over the weekend and temperatures only rebounding a little early next week. So, you know, the heat can bring out a lot of opinions. I love the heat. Sorry to tell you its over. Or i really like it cooler. Thats why i live in the bay area. You will be very happy to know that things will be cooler as soon as tomorrow. Back to you in the studio. Where its always 72 degrees so you guys dont have to worry about it. Youre just hanging out and working. Perfect indoors. Seriously. Coming up a daring defense for the suspect accused of killing sierra lamar. How his lawyer took a page from a latenight comedian to connect with the jury. Okay what can Charles Barkley possibly find wrong with the warriors now . Hear his latest critique. And curry had the highlight reel number with this but it was another