Abc 7 News Reporter chris winn has this story. Reporter this video shows the aftermath of what San Jose Police are calling a tragic accident no which a 69yearold man plowed into a crowd of diners who were gathered for dim sum at grand century Shopping Mall on sunday afternoon. Right now all indications talking to witnesses and collecting evidence is he thought he was using his brake. But accelerated. Reporter the driver crashed into this Outdoor Dining space operated by the dynasty chinese seafood restaurant. Eight people were taken to the hospital. Two remain in critical condition. At last check, police say its still unclear if the driver was suffering from a medical emergency. The driver stayed there. Hes cooperating with the investigation. Obviously we still have some things we need to put together. Reporter this afternoon abc 7 news learned that the restaurant had not applied for a permit under the new san josal fresco program, which provides city support and approval for proper setup. There is no guarantee that a prior review would have prevented this incident from happening, but city officials are urging Restaurant Owners to play by the rules. The registration process is very, very easy, and then well work with you directly, work with the businesses directly to make sure those activations are as safe as possible. Reporter just hours after the Outdoor Dining crash at the mall, another driver hit a food cart and killed a man at a nearby shopping center. Police are asking the public to treat these highpedestrian parking lots as they would when driving through an active school zone. Still need to be cognisant of the number one thing should be safety. Reporter in san jose, chris winn, abc 7 news. Oakland is celebrating a colorful new phase of its slow Streets Program in which roadways are closed to car traffic. Neighborhood residents and mayor libby schaaf joined artist and Community Activist jonathan b m brumfield for the unveiling of the new planter boxes and art walls he designed. On plymouth street closed to through traffic to allow residents to safely walk and play. All the artwork is inspired by local youth. We actually did zoom meetings and asked them what they wanted to see and put that on each board. We brought the planter boxes kept in mind were trying to cleanse our systems as we cleanse our souls. Made sure we put kale, put greens and also made sure we did all organic soil. Mayor schaaf says this is the beginning of what she called phase ii of the slow Streets Program which to date includes more than 21 miles of roads. Some businesses in San Francisco what permanent outdoor spaces. In a recent survey of 1,600 Small Business owners, 90 said that outdoor space is what has kept them from closing permanently. Abc 7 News ReporterLeeann Melendez has more on the help these businesses are getting. Reporter far east cafe in San Franciscos chinatown has been fitted from the temporary bushside dining structure that they are allowed to put up only on weekends. Now they are asking the city for a grant to build a more permanent one so they can operate outside seven days a week. Recently the weather and everything, it bring up a lot of business, come back to chinatown now. Reporter the city is putting up 1. 6 million in grant funds to help businesses like his build those outdoor shared spaces. Local nonprofits are helping Small Businesses apply for these grants. With the shared spaces opportunity and now that the citys offering us a grant, which allows a lot of the restaurants here, hey, we can expand our business outside. Reporter the grants ranges from 2,000 to 5,000. Lily lo is a local community advocate. Any amount has helped because any amount helping the Small Business because, you know, all the Small Business are struggle. Reporter far east cafe has been in chinatown for 100 years. They want to remain open. Besides chinatown, the city will focus on other neighborhoods in need such as central market. The mission. The engine sel strict guidelines for both curbside and sidewalk structure. Its visibility and designing your installations so that people can see in and out. Depending on the situation, we use we also specify Traffic Control devices. Other kinds of standard signage to help especially those who are driving. Reporter the grants are expected to help 340 establishments. The program is called sf shines for reopening and Small Businesses can apply for the grant online at sf. Gov sfshines. In San Francisco, Leeann Melendez, abc 7 news. Were working to build a better bay area during the pandemic, which means taking care of our health. California now has more than 850,000 total diagnosed coronavirus cases. But the number of new cases reported each day has plateaued. More than 16,500 people have died, although that rate is recreasing. The test Positivity Rate averaged over 14 days continues to drop and is down to 2. 6 . During his briefing today, Governor Newsom said hes sending a team to florida to see how theme parks like Walt Disney World were able to reopen amid the covid19 pandemic. Well be visiting with some of the larger theme parks, continuing those conversations back and forth. We continue in good faith to try to work to get where i know everybody wants to go. Thats to get people back to work and also create more entertainment options. Disneyland and other california theme parks remain closed because of the pandemic while they await longpromised reopening guidelines from the state. Disney is the Parent Company of abc 7. Tonight the abc 7 news iteam is digging into the covid19 Vaccine Distribution plan. From Nursing Homes and longterm care facilities. California is one of four states tasked by the Trump Administration to develop a thorough plan. But as abc 7 news iteam reporter stephanie sierra explains, there are a few problems with it. Reporter scott lost his father to covid19. A painful experience as he didnt even get to say goodbye. Now hes scared for his mom. My family is is hyperconcerned about about what could happen to my mom. Reporter he died while admitted at gateway care and Rehabilitation Center in hayward. Now his mom lives in a longterm care facility. From my perspective, i think my mom should be one of the people at the top of the list when there is a vaccine. Reporter according to federal guidelines, nursing home residents are part of the first phase of distribution. We cant afford to get this wrong. Reporter Mike Wasserman is the former president of the California Association of longterm care medicine. He is advising the state on their plan. At the federal level, it appears that the administration is looking at major pharmacy chains for distribution. And one of the problems with major pharmacy chains is they dont have a clue as to how Nursing Homes operate. Reporter instead, wasserman is recommending the state Health Department work with consultant pharmacists and longterm Care Pharmacies who understand how the facilities function. We understand the state has had six weeks to develop this plan. What has been the main problem . They dont know exactly what to prepare for. Because the federal government has not been fully transparent. Reporter lack of transparency paired with concerns over vaccine storage. We know that the vaccine thats going to be out there is going to require something called cold chain storage, which Nursing Homes dont have at their disposal. Reporter abc 7s Data Analysis shows more than 4,500 nursing home residents and 152 Health Care Workers have died from covid19 in california. And while new data shows both cases and deaths are declining we are still seeing upwards of 50 and 60 deaths in Nursing Homes throughout the state every week. Reporter achery is planning he wont have to live through that pain again. I know im going to lose her one day. But i definitely dont want to lose her like this the way i lost my father. Reporter once a vaccine is approved, distribution into Nursing Homes could start within 24 hours. And wasserman says counties with the higher Positivity Rate of the virus will likely get priority. For the iteam, stephanie sierra, abc 7 news. Now, the iteam has looked into the number of coronavirus cases and deaths at local Nursing Homes during the pandemic. You can see those stories by heading to new at 6 00, Oakland Police are looking for a man they say attacked a 70yearold woman outside her home on prospect avenue around 8 00 a. M. Last friday. The victim says the man approached and offered her a 100 billion. Police say the suspect grabbed her from behind and forced her to the ground. She screamed and fought off the attacker who took off running. A 7500 award is being offered to those with information that lead to an arrest. Police identified the man who was killed at 21yearold cesar vargas of fairfield. She was shot and killed saturday night after leading police on a chase through the city. Investigators say he crashed his vehicle at basket and goff streets and took off running. Shot by one officer a short distance away and died at the scene. Californias Republican Party has acknowledged owning unofficial ballot dropoff boxes. That state Election Officials say are illegal. California Election Officials received reports about the boxes in fresno, los angeles and orange counties this past weekend. The secretary of state is telling county registrars that ballots must be mailed or brought in to official voting locations. Unauthorized, unofficial ballot drop boxes are not permitted by state law in the state of california. And to misrepresent unofficial boxes as official further misleads voters and erodes the public trust. State gop spokesperson hector baraha said today that the Republican Party owns the boxes. He said the states law governing socalled ballot harvesting allows an organization to collect and return ballots. Well, coming up, every california voter is getting a ballot in the mail for next months election because of the pandemic. So whats the difference between voting by mail and voting by absentee ballot . And is there one . Well explain tonight. Im Laura Anthony at Castlemont High School in oakland, joe morgans high school. Coming up, well take a look back at his life and times here in the bay area. Im spencer christian. Get ready for a hot and dry gusty weather and increased fire garage door opening it is my fathers love. It is his passion it is his fault he didnt lock the garage. Dont even think about it been there, done that. With liftmaster® powered by myq®, know whats happening in your garage from anywhere. Woman 1 get your woman 2 you can stay healthy and fill it out from the safety of home. Surfer or you can fill it out anywhere. Man 1 its easy to mail it back. You dont even need a stamp. Man 2 or you can use an official drop box. Woman 3 you can even drop it off at the polls. Man 3 then, track it to confirm your county got it. See . They got it woman 4 mail ballots are the simple, safe, and secure way to ensure that your vote is counted. The pain is always around the corner. O when you take a it all begins to unravel. Ann ravels no reformer, shes backed by big corporations whove poured hundreds of thousands into her campaign. And she opposes ballot measures to make the economy more fair for working people. Only dave cortese is endorsed by the California Democratic party. Hes helping us battle the pandemic with a sciencebased approach. And expanding Health Services and child care to those in need. For state senate, Democrat Dave cortese. You can take a day off fromy worrying about your packages. Ohhh yeahhh just connect your myq® app to key. Ohhh yeahhh get free ingarage delivery with myq® and key by amazon. The lakers are back in los angeles one day after winning their first nba title in ten years last night, beating the miami heat four games to two. This is the first time the back home since early july, n after spending some three months in the nbas bubble in orlando. Because of covid19. Meanwhile, Business Owners in downtown l. A. , check this out, they spent the day cleaning up the mess created by people who broke windows, knocked things over and painted graffiti after the win. A crowd of more than 1,000 gathered outside Staples Center after the game. And look at that. Not good. We should note that could be the only celebration in the city. At this point, there are no plans to hold a parade to celebrate the victory because of the pandemic. Tributes are pouring in for hall of fame baseball player and east bay resident joe morgan. He died at his danville home last night at the age of 77. Morgan is best known for his time with the cincinnati reds, but he also played for both the as and the giants. Abc 7 News ReporterLaura Anthony takes a look back at morgans career and his early years here in the bay area. People are always telling you youre too small, you cant do this, you cant do that. Reporter those who knew bay area baseball legend joe morgan say he was the embodiment of beating the odds. Just 57, morgan made his way on to baseballs biggest stage. He didnt just make it to the show, he left his indelible hall of fame stamp on it. Oaklands nate oliver knew morgan well and played against him in the 1960s and 70s. Me was a very exciting individual. He had all these skills, he could run, he could field, he could hit, he could throw, he could hit with power. He was a lot like willie mays in that they were just a half a step ahead of everybody else. Reporter morgans best remembered for his time with the cincinnati reds, but he also played for both the giants and the as who named a street near the coliseum in his honor. The giants posted this video on facebook of morgan hitting a crucial home run against the dodgers in 1982. Morgan taenlded Castlemont High School here in oakland where he excelled in three sports, including baseball, but he was not highly recruited. Coaches and managers dont want to take a chance. Reporter longtime bay area Sports Writer art spanneder says morgan overcame his short stature with his incredible skill set and his commitment to maximize every play every day. I remember he once told me one of the things after he hit the ball where guys will stand and watch where the ball went, i just run. If im going to first base, ill be there. Reporter and while morgan went on to a successful broadcast career, his greatest legacy will always be what he did on the field. In oakland, Laura Anthony, abc 7 news. What an incredible life, dion. Yeah, and spencer, you know, youre a baseball fan. Do you have your own memories . Oh, my gosh. Joe morgan is truly dan oliver described it perfectly, wasnt of the greatest allaround players ive ever seen. He could hit for average, hit for power, he could run, he had gold glove defensive skills. He was just amazing, like a compact version of willie mays. So probably not ever see anyone else like joe morgan on the baseball field or maybe even in life. Lets take a look at our weather, shall we . Heres whats going on. We are in the beginning of a major warming trend. Look how much warmer it is than this time yesterday. About 4 to 7 degrees warmer in most locations and its going to get hotter and dryer and gustier as the week goes on. Heres the view looking out over San Francisco where it is 70 degrees right now. 76 in oakland. Low 80s at this hour in san jose. The view of the setting sun from emeryville, gorgeous sight there. Its in the low 80s, low to mid80s right now in santa rosa, novato and napa, 90 degrees. Still at fairfield and mid80s in concord and livermore. And looking down on to ocean beach from mount tam, these are our forecast features. It will be much warmer tomorrow through friday. Gusty winds will develop in the hills beginning wednesday and those factors, the dry gusty winds and the warmup, of course, will increase the risk of fire later this week. In fact, this is our fire weather watch, which will be in effect for all the hills and mountains in the bay area from 5 00 a. M. Wednesday until 11 00 a. M. Friday. Winds will generally be out of the northnortheast at about 15 to 30 miles per hour, but gusts could reach speed office 50 miles per hour. Of course those gusts will be dry, there will be dry fuels. Very low humidity and, of course, those are the ingredients for fire weather. Overnight, though, well have clear skies. Not much of a marine layer. Just a little patch of fog may form near the coast and get blown away. So lots of clear skies overnight and certainly sunny again tomorrow. We have pretty good air quality for today and tomorrow. We had a spare the a