For months now, the backers of barts 3. 5 billion bond have been selling it hard saying the system will fall apart unless measure rr is approved. Backers like bart director. We need the money from the voters. Reporter and former caltrans director. Breakdowns on the system could become much more frequent. Reporter while early polls show that the bond appeared to be passing in San Francisco and alameda counties, voters in Contra Costa County where the 2013 bart strike hit commuters the hardest are still up in the air. So today when opponent of the key county led by state senator steve glazer said bart cant be trusted, everyone took notice. They have negotiated five contracts, given excessive raises to managers and workers and now gun to the head you must approve rr. Reporter they also called for a law barring strikes and an end to 1,000 bonuses for every bart worker and manager if ridership exceeds expectations. It is about trust. Reporter the bart director says the board is committed, that all the money will go to repairs. So we can reduce the delays, so we can increase the capacity and make bart, you know, the reliable system that the bay area has depended on. Reporter and the 1,000 bonuses . Well, they are in the contract. So we cant go reopen the contract. Reporter what about raises for managers that are the same as for workers . Would you redo that . Again, these are things that have already been happened. Reporter and if critics like glazer succeed in sending the bond back to the drawing board, youre willing to gamble that the system doesnt break down while you refigure this plan . Im not one thats going to take the gun to the head. Reporter welcome to the rock and the hard place. Its going to be difficult so were working hard to make sure it passes. Reporter as it stands now, bart is already running at capacity. Its become an increasingly popular Commuter Service and in the years to come its going to be more crowded as it may connect with san jose and other areas. So what happens with this bond . Its going to be nip and tuck. But phil, do they need to go three for three here . What if the two counties vote yes and the third goes no . Reporter they have to get a twothirds majority in the three. So if two say yes and one says no, you better hope that the two that say yes say it really loudly. In lafayette, phil matier, kpix 5. Thank you. Campaign 2016. A lot of talk lately from the Donald Trump Campaign about the election being rigged. And our snapshot poll tonight we are asking, are you worried about Election Fraud . Yes or no . Head to cbssf. Com votenow. Thats where you can weigh in. Well show you the ruts as they update at the bottom of your screen. Kpix 5s len ramirez gives us a look at how Santa Clara County plans to keep ballots and Voting Machines safe from tampering. Reporter early voting is in full swing at the Santa Clara County registrar of voters and the ballots are piling in. We wanted to see how the Voting System is safeguarded. The entire office right now is a secure facility because we have ballots being counted. Unfortunately, i cant let you go back there without wearing a badge. Reporter i signed into a log book, got a badge and away we went. All uncounted ballots are locked up. When they are ready to be counted, workers feed them into a machine that scans them and sorts them by precinct, a high speed camera captures each signature. Every, single ballot that comes into this office is signature checked against your Voter Registration files. Reporter next, workers flatten the ballots by hand to prepare them for a smooth entry into the actual vote counting machine. We actually dont let anyone in this room unless you have special access. Reporter we were only allowed to film through the door. Two teams work at the same time but only under the watchful eye of a supervisor. Scanners count hundreds of ballots at a time. They are then boxed and marked in red ink before being stored in the secure warehouse. In the next room the tallies are stored on an ordinary desktop computer which does not have any internet connection. The registrar keeps it offline so it cant be hacked. On Election Night 8 01 we put a usb drive into the computer, sneaker net it, we walk with our sneakers on to another computer and load it on our website. Reporter about a quarter of the voters choose to use electronic Voting Machines which are locked inside these sealed cases until election day. Despite talk of fraud or a rigged system, voters we talked to dont see evidence it would happen here. I say 99 confident. Reporter in san jose, len ramirez, kpix 5. Also today, the Just Department appointed an assistant u. S. Attorney to monitor reports of voter fraud in northern california. Keep voting in our snapshot poll. Well show the results later on in the newscast. This is an Instagram Video of San Francisco filmmaker kevin epps walking out of jail a free man. His friend took the video and helped celebrate the announcement there is enough evidence to try epps for shooting a man in his home and we are just getting our first look at the victim in the shooting identified as marcus polk, a transient. Kpix 5s Jessica Flores on the shooting, the quick arrest and now kevin epps is speaking out. Reporter well, i just spoke to epps and he tells me this whole thing has been very emotional for him and for his family, although he isnt telling me anything about what actually happened inside his home. His lawyer says it was self defense. Still wearing his jail identification bracelet kevin epps speaking out for the First Time Since the murder charges against him were dropped. Did you shoot mr. Polk . My attorney has advised me to as it relates to matters of this ongoing characters i really cant speak on that. Reporter the San Francisco d. A. s office says they have insufficient evidence to charge epps in the shooting at his home that left marcus polk, sr. , dead. Polk used to be married to epps current wife. Im blessed that San Francisco, you know, Justice System can work and just can work for, you know, a black man in america, you know, and this has been very traumatic. Reporter i talked to a lot of your friends, a lot of your colleagues, all who say this isnt him, he isnt a violent man. I have to ask, what happened . Epps still not answering that question. But his lawyer says he acted in selfdefense. The circumstances were such that the victim entered the home unwantingly unauthorized and made threats. Reporter do you feel any sense of regret . Im just going through a my rad of many emotions, its been such a traumatic experience. I cant this is a inhuman experience. You know . And im just processing that and just really trying to focus on my kids and my family and continue on my life work. Reporter the San Francisco d. A. s office tells me this case is not closed. They will continue to investigate what happened. In San Francisco, im Jessica Flores, kpix 5. A couple of offduty firefighters have been arrested after getting into a brawl with police. It happened at 5 a. M. Sunday morning at the walnut creek marriott. The firefighters and two women had attended the firefighter ball the night before. Someone called police on a noise complaint. When officers got there they say the firefighters and the women were drunk and belligerent. A scuffle broke out when the firefighters and the women refused to leave. They were arrested. Charges include battery on an officer, resisting arrest and public intoxication. Today the Firefighters Union apologized for those arrests. It also said both the Fire Protection district and Walnut Creek Police are investigating. An east bay teacher suspended for protesting against a neonazi rally in sacramento is suing the district she worked for. Yvette felarca was caught on camera throwing punches when violence broke out at the rally in june. She is suing berkeley and the School District and violating her right of freedom of speech. She worked at Martin LutherKing Middle School for 10 years. New Defense Strategy is taking shape at the sierra lamar trial. You call it the runaway defense. According to the mercury news, lawyers for antolin garciatorres appear ready to suggest that sierra may have run away. They say Court Documents reveal a woman who lived with sierra told investigators the girl had been planning to leave home. That woman also says lamar even showed her a suitcase filled with clothes. Sierra disappeared on her way to a School Bus Stop near morgan hill four years ago. She has never been seen again. But prosecutors say that dna evidence links garciatorres to the crime. Googles fiber internet wont be coming to the south bay anytime soon. The company is delaying the super fast internet expansion into new markets. Santa clara, san jose, mountain view, sunnyvale and palo alto will be working with google fiber on the plans. The company got the final permits for san jose in may but now the ceo of the division says the plans are on hold. He is also stepping down. And google fiber is planning a round of layoffs. Googles Parent Company alphabet says it took an 859 million loss in the june quarter from divisions including fiber. New at 6 00 its worlds highest culinary honor. A portugese restaurant giving san jose its first michelin star. We sent kpix 5s keit do to get a taste. Reporter i had to investigate for myself what all the fuss was about. And so chef david costa made me his [ nonenglish name ] oven roasted octopus with potatoes in garlic and olive oil. More on that later. [ singing ] reporter the staff finally had a chance to celebrate after getting the call from michelin yesterday that they were the first restaurant in san jose and the second portugese restaurant in the nation to receive a michelin star. We were just, like, excited, um, overwhelmed, numb. [ laughter ] shocked. Reporter michelin says they havent lost sight of their roots infusing home cuisine with great techniques and ingredients and more than 300 wines all portugese. The carreras say they took a big risk by saying authentic. We didnt have to adapt to the california palate. This is what portugese food is. And this is what we present. Reporter daughter Jessica Carrera is the pastry chef born and raised in san joses little portugal. She and head chef david costa met in portugal and are now engaged. Jessica is proud to draw attention to this little known corner of the south bay. To compete with San Francisco and the other cities around the bay area, you know, were on it. Were ready. Ha ha reporter now, about that roasted octopus. Its not a stretch to say you probably have never had octopus this tender and amazing. [ laughter ] reporter so congratulations. Way to represent san jose and the portugese culture. As you can imagine, the phone has ringing off the hook. They are booked up friday through sunday in november. There are a few select spots in december. In east san jose, kiet do, kpix 5. Looks so good. Were looking live toward the Golden Gate Bridge. A few clouds are in the sky. But rain is headed our way. Meteorologist Brian Hackney has been tracking the timing of the storm for us. You bet, veronica. We are going to get hit with another one and this will bring widespread rain to the bay area and like the system that we had coming through on monday and tuesday, this one looks wetter. Most of the rain right now up in the north coast, that will change over the next 24 hours. Well wake up to a cloudy day tomorrow, rain begins in the north bay. And everybody gets rain this time from one to three inches in the north bay, up to an inch in the south bay, san jose had nothing earlier this week. Thats going to change. Two to three inches in the Santa Cruz Mountains. But the timing is another matter. Were not all going to get wet at the same time. Well lay out exactly when and how much when we have the forecast in a few minutes. But as allen expects, tomorrow and friday and, in fact, into the weekend to be wet. Thank you. A bay area landlord accused of a plot to force tenants out. He is caught on camera damaging cars. We are in court as he faces a judge for the first time. And brock turner the face of campus sex assaults how he is being used to send a message. Set sail under the Golden Gate Bridge with a world record in sight. The search for a top sailor now missing at sea. ,,,,,,,, of p some bay area tenants are calling it a case of pure greed. Today a landlord accused of purposely damaging their cars went to court. Kpix 5s devin fehely says that landlord is not backing down. Sorry the vehicles have been damaged. Reporter Nemat Maleksalehi was in court. He would admit guilt and pay back the tenants. It could be up to three years in prison depending on that but what we really wanted was the plea to the one felony count as well as the restitution. That was our goal. Reporter maleksalehi is facing three counts of criminal destruction of property. Police and prosecutors say he used a bb gun to shoot out the car windows of low income tenants in an effort to force them out of their rent controlled apartments. While maleksalehi refused to answer questions, many in the court of Public Opinion have already reached a conclusion about the case. Theres a sensitivity that its just greed. I was very upset that a landlord would go to such lengths, right, to force a tenant out. Reporter the crime was captured on the apartment complexs security cameras. District attorney Steve Wagstaffe says maleksalehi damaged not only cars but the sense of community that binds us together. To make a few bucks, the willingness to cause people to try to get them to be thrown out on the streets, um, thats why the conduct is far more egregious and warranted felony treatment rather than a misdemeanor. Reporter in redwood city, devin fehely, kpix 5. Walnut creek police have just identified a pair of pickpockets caught on camera back in august. They are now on the hunt for 32 yearold crystal pratt and 47 yearold eva coleman. Both have arrest warrants out for burglary, Identity Theft and credit card fraud. Two months ago we showed you Surveillance Video showing the women stealing a wallet from the table next to them. Police believe the two have hit several restaurants in downtown walnut creek. And during a probation search of pratts home in oakland earlier this month, police say they found additional stolen credit cards that they say will likely result in future criminal charges. El cerrito police want to you look at these two men, one in a gray hoodie, one in a black hoodie. They go into a Subway Restaurant sunday night. As the cashier rings them up, the man in black sucker punches the woman before jumping the partition. This is a different angle. They stole an undisclosed amount of cash. A California College has a strong message for its students. It is a sign in the hallways of calpoly that reads dont be that person. But look closely in the background a picture of a smiling brock turner. He is the stanford swimmer convicted of sexual assaulting an unconscious woman outside a frat party. At first it was creepy but you go thats brock turner and thats gets dark fast. A group created the poster to spark conversation about campus sexual assault. Turner served three months of a six months jail sentence. He is now a registered sex offender and lives in ohio with his parents. The coast guard is searching for a chinese sailor who lost radio contact after he left San Francisco. 50yearold [ nonenglish name ] was trying to break the world record for a solo trip across the pacific. He left San Francisco october 18 and was supposed to arrive in shanghai, china, 18 days later. But no one has heard from him since monday. A coast guard search plane spotted the mans boat yesterday but didnt see any sign of him on board. That vessel now about 600 miles northwest of oahu and the coast guard trying to figure out what kind of a boat to send in for assistance. The Marine Mammal center trying to figure out what killed this whale that washed up onshore today. This is at thornton state beach in daly city. This is a male blue whale. A necropsy will be performed to determine the cause of death. So i woke up today to plenty of sunshine. It was gorgeous outside. Its going to change. It will be different tomorrow and friday. We are going to get cloudy and weather. But tis the season. It is. We do get rain and we are going to get some. First lets head out and show you how things look at this hour on the Golden Gate Bridge. Scattered showers, not bad, traffic flowing smoothly across the Golden Gate Bridge and today, look how warm we got in san jose what veronica was talking about. 80 in san jose. 77 at fremont. Concord 75. In San Francisco, 70 degrees. Well be changing though as low pressure thats just offshore is going to begin to drive some rain up from, first of all the remnants of a hurricane thats spinning well off mexico gets caught up in the sharp trough offshore. And as that gets closer to th