Solve it, but other than that fans might have to toughen up to live up to the emergency kerr 49er faithful moniker 49er faithful. If green bay fans can brave a10 degree day, why cant 49ers fans brave a 90degree day . Theres absolutely no reason why not. Kpix5s emily turner at so he snow kpix5s emily turner at sonoma shows us how the heat is affecting the wine harvest. Reporter winemakers say they have not seen a season like this ever in the decades upon decades theyve been working here. So while they may have fewer grapes this go round, they say after the year theyve had theyll certainly have an interesting wine at the end of it. Its been a wild ride weatherwise for the bay area this year and no one feels the effects of that more than the people who rely on Mother Nature for their bounty. In Sonoma County the winemakers there have had their hands full and their harvests a little less so. I have never seen a year like this year. It is the whackiest year without exception. Reporter this already harvested chardonnay came in much smaller clusters than in years past yielding about 10 less and some of it sunburned. Theres some things you can do within the winery to remove those kind of characteristics, but overall youre tasting the fruit and going it just doesnt have the intensity you want. Reporter to protect their crop quality theyre busy dropping fruit which will mean about 20 less of that variety. A valley over dry creeks harvest was picked in 12 days where it usually takes a month and a half thanks to labor days heatwave. Its down 15 to 20 . And zinfandel may be down even more. You can see on some of these bunches here, these arent really looking like raisins, but theyre kind of soft and poochie. Theyre skins are wrinkled a little bit. Reporter their quality will remain the same, wine making maneuvers they say promising to create a vintage as complex as the year that produced it. This is a season that really demands your experience and knowledge and what youre doing in the vineyard and what youre doing in the winery. Reporter just like the diversity that is existing in wine, we had a variety of answers when it came to asking all the winemakers and Grape Growers about this season. Some say they didnt have any issues at all. Others didnt want to talk about it, but mostly we saw anywhere from 10 to 50 of folks crops affected by this weather. Now how it will affect the vintage remains to be seen as well as prices. Reporting live in Sonoma County, emily turn earn, kpix5. New turner, kpix5. New video from the damage from last nights Lightning Storm in the bay area. More lightning took out this tree across the street. That cypress tree took a direct hit in half moon bay. The strike splintered the tree into hundreds of pieces. Thisshards of wood tore shards of wood tore up the house. The next two or three hours the chances of lightning strikes are zero, 1,200 yesterday, not one out there now which is Pretty Amazing considering the source of the thunderstorms, the area of low pressure, hasnt moved. We are seeing new lightning strikes north and west of toe pals lake. Heres the difference. Yesterday topaz lake. Heres the difference. Yesterday we did not have the fog and low cloud cover spilling into the San Francisco bay. Tonight we do. Thats stabilizing. The next several hours will be thunderstorm free but not the entire night. The best chance of additional thunderstorms and more rainfall is from midnight tonight till 8 a. M. Tomorrow morning, the most likely locations the east bay, south bay hills and san jose. Were dry now but likely not the entire night. More on your sevenday forecast coming up in a few minutes. Thanks, paul. Last nights Lightning Storm may what about sparked this fire in woodside. Firefighters are attacking from the air and ground and you can see the flames tearing through the underbrush. Fire is burning in the hills near skyline boulevard and bear gulch road. Heavy smoke and ash is reported in the area. It is one of three fires burning that started last night. About 60 acres have burned so far. Firefighters will stay on the scene for the next couple of days. New at 6 00 ups getting hit with a wrongful death lawsuit, families of those killed in a shooting rampage are blaming the shipping company. Cbs5s jackie ward is live in San Francisco with details on this lawsuit. Jackie . Reporter the lawyer representing the victims of that deadly shooting says that this tragedy could have been prevented. Attorney Kevin Morrison of Jones Clifford law firm is representing two families whose husbands were killed, two men who were shot but survived and 28 people who morrison said are suffering from severe ptsd after running for their lives at their work place. The victims allege ups allowed an unsafe work premises and knew aboutwomens coming into the building before the about weapons coming into the building before the shooting happened. Why go to the extent of paying a lot of money to hire a company to install metal detectors, man them with security guards thats very expensive and then not do the simple thing of checking. They just literally fell down on their jobs here and as a result of that, three men are dead and dozens are struggling. Reporter morrison said his clients arent pursuing a dollar amount. They want both the Security Company and ups held accountable so the victims and their families can begin the healing process and get the resources necessary to rebuild their lives. We reached out to ups to comment on this and have yet to hear back. In San Francisco jackie ward, ones cbs5. Ward, kpix5. Contra costa county just replaced the county attorney. Diana becton will be sworn in later this month. She will be the first African American and first woman to hold office at the county. Becton faced criticism after she admitted to plagiarizing parts of her application. The former District AttorneyMark Peterson resigned in june charged with 12 counts of fern rei and one count of grand theft. Perjury and one count of grand theft. He admitted to spending 66,000 of Campaign Contributions on meals, movies and other personal use. Its a hot top Nick Berkeley this evening, should police have topic in berkeley this evening, should police have the power to pepper spray protesters . According to our poll, 77 say yes if Peaceful Demonstrations turn violent and four in 10 think Berkeley Police have not been forceful enough in responding to recent protests. Cbs5s Juliette Goodrich live in berkeley where the City Council Just gave Police Pepper spray powers. Reporter hi, allen. Heres their outcome. The City Council Voting in the last hour 63 in favor of Berkeley Police using pepper spray on a protester should he or she get violent, this coming down in the last 30 minutes. Some people in the crowd werent too happy. This came after a lengthy amount of public comment. A long line of supporters and opponents voicing their opinions before the City Council Late this afternoon. What happens in berkeley is setting a precedent for the whole country. Feller spray is a Police Crowd Control pepper spray is a Police Crowd Control technique which was disallowed by other City Councils for various reasons. Its a time of torture. Reporter Berkeley Police already carry if her spray but are banned from using the spray pepper spray but are banned from using the spray for crowd control in 1997. This afternoon berkeleys police chief was asking the Current City Council to overturn the 20yearold ban allowing his officers to deploy pepper spray on violent protesters. As it stands now, our officers do not have the tools they need. The major gap in their tools has been brought into sharp view during this years demonstrations. Reporter the chief argues pepper spray protects peaceful demonstrators. He said tear gas, for example, hurts everyone in the crowd. They can use pepper spray to target violent individuals. It is completely unacceptable for berkeley to be calling out the police and using pepper spray on protesters. Reporter berkeleys mayor supports the Berkeley Police departments request to use pepper spray as a tool to deter violence against police and other individuals, but also supports not using it as a form of crowd control. Pepper spray should not be used on persons engaged in legal speech or other expression as protected by the first amendment, nor upon those committing a lawful act by nonviolent or passive resist. Means. Reporter resist ant means. Reporter berkeleys mayor is in favor of using pepper spray. That vote came down 63. This comes before ben shapiro is expected to speak at berkeley and weve also learned steve bannon accepted an invitation to speak the end of this month. A bay area dad takes a stand for his daughter. He said she was shamed at school for wearing shorts, his fight to change the dress code. Apple unveils its 10th anniversary iphone and its not just the price people are talking about, a closer look at the phone that you not lock with your face. And this former mountain top military base could be the new must visit landmark in the bay area. Sky drone 5 checks out the view from the summit. All because of a dad. Who for his daughte new at 6 00 a Los Gatos Middle School may change its dress code all because of a dad who stood up for his daughter. She was told her clothes are distracting the boys, but her father said theres something bigger at stake. Kpix5s maria medina is live at fisher middle school. Reporter last night the principal met with parents to review that dress code, but she allegedly told them she couldnt promise any change. Today its 90 degrees outside and shes wearing leggings because she doesnt want to be dress coded for wearing shorts and its not okay. It needs to change. Reporter demetra allercon may only be 13, but the 8th grader may be the reason theres change at her middle school. Fisher has a dress policy which is clothing specific. Most of the clothing mentioned are Womens Clothing like halter tops, spaghetti straps. Reporter her dad tony wants fisher to rewrite its dress code after a teacher pulled his daughter out of class for wearing this romper a couple week ago saying it was too short. I brought her a change of clothing which included a tank top with spaghetti straps and shorts. Reporter but he said School Leaders werent happy with that outfit either because the shorts didnt have a 4inch inseam. For tony enough was enough. We have to have dress codes that are fair and reasonable and that dont cause them emotional issues, cause them to question their bodies or feel like theyre sex symbols at 13 years old because theyre not. Theyre just kids. Reporter ever since tony asked for input from neighbors on nextdoor. Com, hes received dozens of messages for support. One woman wrote, your post reminded me of some fairly serious body image issues of my own that have stemmed from our cultural shaming and sexualizing of girls bodies. Shes in her 40s and working through it still. Reporter thats not what he wants for his daughter or any other young girl to go through. You have to stand up for whats right and thats what im doing. Reporter your daughter pretty proud of you . Yes. Reporter the superintendent didnt want to go on camera but released a statement saying in part, students are expected to wear clothes suitable for the School Activities in which they participate. Parents should learn the results of last nights meeting sometime in the future. Maria medina, kpix5. 10 years after introducing the first iphone Apple Unveils the iphone 10, just one of many new Apple Gadgets unveiled at apples new spaceship campus in cupertino. Kiet do is there with details. Reporter the first thing you notice about the new campus is that it doesnt look much like a tech campus at all, 175 acres with 9,000 trees and lots and lots of glass. The airy space is meant to be seamless with nature. Steve jobs said he wanted the new campus to inspire talented people to do their best. [ applause ] reporter at the grand opening of the new steve jobs theater it was a solemn moment for ceo tim cook. We dedicate the theater to steve because we loved him and because he loved days like this. Reporter todays big announcement . The iphone 10. It features an improved display that extends all the way to the edge. The home button is now gone replaced with a simple upward swipe. Apple has added features to Portrait Mode which allow you to mimic the lighting of professional photographers. The faster processor means the phone can handle augmented reality, so expect a host of new games and apps. Your iphone now recognizes you. Reporter but perhaps the biggest feature is face id. Apple has packed an array of devices along the top edge including infrared cameras and dot projectors. Combined with Artificial Intelligence and machine learning, it means you can now use your face to unlock your phone. The technology is smart enough so that it knows its you even when you change up your look. If you want to see how fast it works, check this out. It works pretty much as soon as you bring the phone up to your face. The technology is military grade. Snowfall has gone through great pain apple has gone through great pains to make sure that this is not copyable, that a picture of you cant work, a mask of you cant work. Believe me, if anyone is going to get facial recognition right for secure, it will be apple. Reporter face id also allows fun features like animated emojis. The other big announcement is the apple watch series 3 which now has stand alone cellular connectivity which means you can make calls, text and stream live music without the need for a phone. Last but not least, the iphones now have a glass back which means Wireless Charging is here. And the iphone 10 is not cheap. It is 1,000, but it you dont want to do that, you can always go with the iphone 8 which was also announced today, 800 for the top of the line model. Its got a better camera, better processor, but really today the big news is the iphone 10. In cupertino kiet do, kpix5. Apple started todays announcements with a swift video of its new spaceship campus, our first real view from the ground and the first time weve seen from inside some of these buildings including the steve jobs theater where todays event was held. Ed cost is estimate the cost is estimated to be around 12 billion. All this technology, its all right here in the bay area, so concentrated right in the spot where we live. Right now we have some concentrated thunderstorms not here. They are in the sierra. Let me show you kpix5 hidef doppler. For now nothing. Boy, was it stormy 24 hours ago, but currently we have nothing on the radar. That may change by midnight tonight. Thank you, fog, for helping out with the more stable air this afternoon. San francisco hit a high of 79 before the fog rolled in, san bruno 85, gilroy and hayward 88, santa rosa 89, concord 92, still warm, just not as hot and sticky as 24 hours ago. 24 hours ago this area of low pressure was pretty much in the same spot it is now. We didnt have the fog and person that influence. Thats why the lid has been put it on our thunderstorm chance temporarily, but were watching whats developing over here and seeing as this low departs if it will move east to west dragging some of that rainfall and or thunderstorms through the bay area over next 24 hours, basically from midnight tonight until 8 a. M. Tomorrow, an eight hour window for rain or thunderstorms. Then the atmosphere will calm down tomorrow afternoon. Then well have below average daytime highs heading into the upcoming weekend. Highs tomorrow 70s, fremont 75, maybe a few overnight showers, vallejo 77, san rafael, 74, napa 75 degrees, san jose a high of 80 and livermore 81 degrees for a high, San Francisco 68. Here is your extended forecast looking for calm weather from tomorrow afternoon through the weekend into next week, really nice pleasant weather, 60s and 70s near the bay, 70s and 80s inland. Watch out for a chance of thunderstorms tonight. Keep an eye out for superheros and flying cars, the latest action movie taking over bay area streets. How a nun took matters into her own hands after Hurricane Irma. Raise your hands if you actually stayed up in the two ee hours of the morning in the wee hours of the morning to watch the giants. It doesnt count even if you were sleeping at the ballpark. Were up next. This College Professor is living in her car. With what i make at san jose state i cant make 2,000 a month rent. Reporter we found ellen is the changing face of bay area homelessness. As she pails off massive student loans, she pays off massive student loans, she keeps a reminder of better times. Expect original reporting from kpix5 news. Expect more. Closed captioning for this newscast is sponsored by living spaces. At at t, we believe in access. The opportunity for everyone to explore a digital world. Connecting with the things that matter most. And because nothing keeps us more connected than the internet, weve created access from at t. California households with at least one resident who receives snap or ssi benefits may qualify for Home Internet at a discounted rate of 10 a month. No commitment, deposit, or installation fee. Visit att. Com accessnow to learn more. The time kenny choi is arriving ning news. Last nights giants game lasted six hours 56 minutes and finished