would legalize recreational marijuana use. the city council adopted an emergency measure to send a message to budding entrepreneurs that it is still illegal to grow, distribute or sell marijuana in san jose commercially. >> this is an effort to hit the pause button. we know that the state will come out with regulations if the measure passes. the problem is, they are not in place on november 9. it's going to take months. >> reporter: while prop 64 does allow local governments to decide where marijuana stores can open some feel like cities are trying to thwart the will of voters. >> the voters should get what they want. if it becomes legal, it's good for just not the people, it's good for the state, too,. >> reporter: a spokesman for prop 64 says overregulation could have unintended consequences. >> to have a complete ban on marijuana sales and commercial availability you know does increase the likelihood that a black market will still

maintain and thrive. >> reporter: now, we asked mayor sam liccardo if he was trying to pull an end run around the will of the voters. he said no. he said under prop 64 you could cultivate as many as 6 plans indoors in your home and you could smoke as much as you want. but he says the city is trying to regulate the commercial sale of marijuana. >> devin, other bay area cities already have marijuana restrictions. >> yeah. they already have some in place. others are trying to put them in place like san jose to send a message to people who may want to try and get into the emerging industry after the likely passage of prop 64. in san jose, devin fehely, kpix 5. >> thank you. we sent "kpix 5 morning news" anchor michelle griego to denver to see the impact of legalized pot. coming up at 6:00, why critics there say there was a false promise. with a week to go before the election the race for president is coming down to the wire. allen martin says the polls are even, the candidates are

hitting each other where it hurts. hillary clinton's emails and donald trump's treatment of women. allen. >> reporter: ken, one week ago hillary clinton looked like she was locked in to win. she was trending up, trump down. well, now new national polling shows the opposite. the outcome is not certain. >> change is coming. the choice is yours! i do believe we are stronger together. >> the guiding rule of the political class in washington, dc is that they are looking out only for themselves. >> reporter: donald trump is aigning in democrat leading pennsylvania and wisconsin buoyed by news the fbi at the 11th hour will examine another batch of emails related to hillary clinton's use of a private email server when secretary of state. the clinton campaign says it's a double standard at the bureau. >> we just want fairness. >> reporter: gary johnson the libertarian is piling on to the controversy saying clinton risks impeachment if elected. >> unquestionably, this is

going to be the nation's agenda for the entire time she is in office and it may well end up in impeachment. >> reporter: the cnn poll of polls shows clinton with a slight lead. but the latest abc news "washington post" tracking poll shows trump leading. in response, clinton is hitting trump. >> when i come home and dinner isn't ready i go through the roof. >> reporter: the clinton campaign is rolling out this new ad. while clinton herself is campaigning with a former miss universe trump allegedly called miss piggy trying to change the subject from her emails to trump's alleged treatment of women. >> it's really painful for me. he was cruel for years afterwards i was fighting back eating disorder. >> officials say the fbi review of emails won't be completed before election day. while the clinton campaign reels from those new email

investigations, the trump campaign is dealing with barage of negative press. the "washington post" reports the trump campaign is refusing to pay nearly $767,000 to a veteran gop pollster. trump has been accused of stiffing several workers at his real estate empire over the years. the "new york times" is reporting that the billionaire used a quote legally dubious method to avoid paying taxes. according to nbc news, the fbi is looking into trump's former campaign manager paul manafort's foreign business connections. and mother jones is reporting a veteran spy gave the fbi details alleging a russian operation to build ties to donald trump. the san francisco district attorney's office is teaming up with the department of elections to prevent fraud at the polls. this includes setting up a multilingual election fraud hotline and having investigators available to follow up on complaints.

>> we don't have any indication that there are any problems whatsoever during the election cycle. we want to be sure we let everyone know that we are vigilant and that we are available. we'll have a team in a will be here in the hall of justice and will be prepared to respond. >> another issue raising concerns this election, ballot selfies. you have seen them online like this post from justin timberlake. they are illegal in more than a dozen states including california. at least until january of next year, the aclu argues snapping a picture of your ballot and sharing is political speech protected by the first amendment. >> we absolutely believe that people should have the right to vote in secret but for people who want to "share" their marked ballot with others to show how they voted they also have a right to do that. it's the voter's choice, north the government's choice to tell what we can do.

>> the aclu is challenging the ban on ballot selfies. a hearing is set tomorrow in san francisco. one week from today join ken, allen, veronica and myself for election night team coverage beginning at 3 p.m. we'll have insights from political experts including phil matier, melissa caen and reporters covering races all over the bay area. much more on campaign 2016 coming up at 5:30 on the "cbs evening news with scott pelley." new at 5:00, some east bay m.u.d. customers are complaining about funny tasting water running through their taps. the water district serves about 1.4 million people. its customers are west of the oakland hills who are tasting something a little different these days. kpix 5's juliette goodrich is live in orinda to explain. >> reporter: hi, ken. yes, they are tasting water but they say it's a little different. they use all kinds of adjectives, some saying it taste musty, some said it was

sour. so why the change? that's because the orinda water treatment facility is shut down temporarily for upgrades so 800,000 customers are getting their water from different water sources. meet the claudio family from el sobrante. we just met them today too and they were nice enough to let us in their home and take a taste test for us of their water. >> it tastes kind of like sour treats something. >> reporter: why a taste test? the orinda treatment plan is getting ready for a $22 million upgrade requiring it to be closed for the first time since it opened in 1935. >> as our bodies age [chuckling] so does a living water infrastructure age. >> reporter: andria is with east bay m.u.d. >> we're also putting in some new filtration and we're putting in most importantly a new valve that will allow us to effectively split that plant in two so that in future years,

when we need to do maintenance, we can shut half the plant off, do maintenance, and keep the other half running. >> reporter: so how does this tap water taste? >> i would say i will leave it up to our tasters to let us know what they're tasting. >> one is from the tap and one is bottled water. >> reporter: back to the claudio family for the test. >> this one tasted like bottled water and one tastes like tap water. >> reporter: you noticed a distinct difference. >> i did. >> reporter: point to the water you like the best. >> just tastes different like sour like -- >> reporter: while east bay m.u.d. says the water may taste a little different than before, the water quality is the same. and so we used bottled water for this taste test because we didn't have the original water source but you get the idea the water tastes difference. others didn't notice it. so how long will this water be different? well, this will be shut down

for the next six months. it will re-open in april of 2017 hopefully. in orinda, juliette goodrich, kpix 5. veteran officer with the oakland police department has filed a claim in federal court against the department and the city. sergeant james gantt says his bosses removed from a case involving the suspected suicide of the wife of fellow officer brendan o'brien because he believed officer o'brien murdered his wife. because of that, gantt claims he was harassed with racial text messages and endured a hostile work environment. >> i'm just tired of being made out to be the scapegoat. as you see before you, i am one of the most highly decorated officers at the oakland police department. >> a spokesman for oakland mayor libby schaaf released a statement today saying, quote, we are legally prohibited from disclosing personnel information about any police officer and we do not comment on pending litigation. o'brien also later committed

suicide. that suicide exposed the scandal involving law enforcement officers sex with celeste guap who is now known as jasmine abuslin. san francisco city attorney dennis herrera says the bail system is unconstitutional and won't defend it in a federal class action lawsuit. >> you can pay the amount on the schedule you get out of jail. if you can't, you don't. that approach doesn't take into account risk to the community, just whether you can pay for your freedom or not. that creates a two tiered system one for those with money and another for those without. >> san francisco public defender jeff adachi supports herrera's decision not to defend the bail system. in a statement he said, in part, quote, the practice of jailing the poor and people of color simply because they cannot afford bail is indefensible and violates the presumption of innocence. ♪[ music ] a woman sexually assaulted

by an ex-stanford university swimmer receiving new attention from a fashion magazine. >> coming up, why glamour has just named brock turner's victim one of its women of the year. >> plus, two too good to be true? caffeinated shape wear to get rid of cellulite. the company behind it now forced to pay up. >> and halloween is only hours behind us but for amazon, today marks the official start of the holiday season. some of the best black friday deals you can get right now. ,,,,,,,,,,,,,,

it happened in the southbound lanes just north of interstate an overturned bigry snarled traffic on highway 101 for hours this morning in the southbound lanes just north of interstate 880 in san jose. crews worked for two hours to up right it and tow it away. chopper 5 caught the backup the crash. nono injured reported. a train struck and killed a woman on the tracks in richmond on cutting boulevard this morning. this morning a deadly pedestrian accident in emeryville a woman in a crosswalk was hit by a semi

truck. it happened at the powell and christie avenue. witnesses say the truck was making a left turn. this is the second pedestrian fatality this year in emeryville. >> you have known this for years now. we don't need to tell you. the bay area has some of the worst roads in the country. the transportation research group tripp placed the san francisco-oakland area at number one on its list. according to the group, 71% of the region's roads are in poor condition and cost drivers $1,000 a year in car repairs. san jose ranked number 3 on the list. 5 the% of its roads were in poor condition. the annual cost to drivers as we say nearly $900. it seemed too good to be true. shape wear infused with caffeine to help people lose weight. the maker of the ipant growed

to pay $350,000 in civil penalties after a state task force filed a complaint in napa county superior court t alleges that they had no scientific evidence that its ipant would promote fat destruction. celebrities, athletes and business leaders usually make glamour magazines women of the year list. >> but this year, the magazine is honoring the woman who was sexually assaulted by ex- stanford swimmer brock turner. >> kpix 5's susie steimle on her impact on students and sexual assault cases. susie. >> reporter: well, emily doe says when she first heard that her assailant brock turner was only meant to serve six months in prison for the crime, she was devastated. she even wrote, why did i even try? but this glamour magazine article is meant to remind her that she has done a lot of good even fostering international conversations about sexual assault. >> unlike the rest of glamour magazine's women of the year you won't see her face in this

article or learn her real name. you will hear more of the powerful words that landed her on the elite list. emily doe was sexually assaulted by stanford freshman brock turner in january 2015 behind a dumpster at a frat party. her victim impact statement still resonates on campus today. >> it really allowed me personally and other women to confront their own battles and issues with sexual assault. >> reporter: her words were read on the floor of congress. >> you don't know me but you have been inside me and that's why we're here today. >> reporter: brock turner meanwhile received 6 months in prison and served three months for three felony charges. that prompted california to close a loophole allowing lighter sentences in cases where the victim is unconscious or severely intoxicated. the san francisco d.a.'s office says the article is well deserved recognition but the work being done to combat sexual assault is far from

over. less than 5% of victims report cases. based on that alone i'm happy that glamour magazine is honoring the victim in this case because so few people actually come forward and she is very brave for doing so. >> reporter: as emily dough puts it, victims are survives and survivors are going to be a lot more than surviving. emily doe joins jim the founders of the "black lives matter" movement on this list just to name a few. the magazine hits news stance on november 8. susie steimle, kpix 5. >> one name on the list surprised out. bono was among the women of the year. he is the first man to make the list. the magazine cited his work as an activist for females. we are barely done with halloween but already retailers are turning to christmas.

>> the first black friday sales are happening as we speak. veronica de la cruz on why you might not want to jump in right away. >> reporter: retailers are trying to get out in front of holidays. >> they are setting the stage for what shoppers should expect. >> reporter: amazon and dell aric canning offer the season more than 3 full weeks before the real black friday. today amazon lost its black friday store promising new deals as often as every five minutes. but not everything is a great deal. this hoover vacuum at $75 is $69 at walmart. >> it's not enough to about what you see and assume amazon has a good deal. you have to do the homework. >> reporter: amazon is also featuring hand made gifts sold by artists. the season of looking fairly bright for retailers. the national retail federation

expects the average american will spend $935 during the holiday shopping season. which is a 3.5% increase over last year. though shopping experts say waiting a few more weeks to start could also be a good strategy. >> so unless you find something on sale that's exactly what you were looking for, you might want to wait and see what else amazon and other retailers have coming up. >> reporter: brick and mortar stores are also trying to lure in shoppers. retail analysts say their strategy offers better service and more excitement in their stores. weather is up next. we'll be right back.

the mae gave her top executive managed aa huge pay raiseet, and a lavish car allowance, run up a deficit, then cut jos for local teenagers, and cut after-school program. no wonder tchronicle called mae torlakson "flat-out unprepared" for the assembly. they endorse tim grayson. as mayor of concord, grayson balanced the budget every yer while doing more for kids. tim grayson for assembly. he's the drug company big shot who raised the price of a lifesaving pill by five thousand percent. said he wished he'd raised it more. prop sixty-one targets drug company price-gouging to save lives. the drug price relief act will save californians nearly a billion dollars a year. join the california nurses association and aarp and vote yes on sixty-one. the drug giants won't like it.

and he'll hate it. little kpix 5 viewer matthew weatherman! he even made a kpix 5 microphone. matthew dressed up as a tv weatherman. he even made a kpix 5 microphone. that is fantastic. [ laughter ] >> kid has the right stand. >> my new best friend. >> yeah. >> what a great costume. >> i love that. >> i had the umbrella. it rained yesterday. good job, dude. he would be talking about sunglasses today. the sunshine has returned. temperatures have responded. we'll get to the temperatures in a second. first want to just confirm not only are we done with the rain around here but we're done with any sierra snow fall up to half foot fell overnight and all the rainfall we had in october nearly 4 times the average rainfall in the north bay. santa rosa 373% of average. more than double your average

rainfall in san francisco. nearly there in san jose. and 354% of average in livermore so this guarantees a wet start to november, right? absolutely not. we are drying out. we are going to be dry until sunday morning. mid-60s outside. 66 in concord. oakland and santa rosa. livermore 65. san francisco clear and 61. the one thing you will notice over the next couple nights aside from the sunshine nights are getting chilly and longer. clear skies, that blanket of cloud cover will not be over the bay area. concord down to 46, livermore 45. napa 44. santa rosa 43. ukiah may drop to 38 or 39. even oakland dropping to 50 degrees overnight tonight. the nights will be chilly but the afternoons will be quite mild because of this. a building ridge of high pressure, see that rise in the jet stream right there? there's the trough. they got us yesterday with the front and that low pressure area now over northern nevada. this ridge will hang out for four days from now through saturday night mainly dry. our only chance of rain for the next seven days will happen

late saturday night into early sunday morning and it's not going to be a washout like the past several have been. average highs for tomorrow 60s to low 70s. highs tomorrow 60s and 70s. same for san francisco. concord 4 degrees below normal oakland 2 degrees above average. vallejo 69 degrees with sunshine. mountain view 69. pacifica 63. and san rafael 68 degrees. should be a beautiful fall afternoon throughout the bay area tomorrow. like a little bit warmer thursday and friday. we are looking at mid-70s inland. upper 60s, low 70s near the bay. we'll stay dry on saturday. it's early sunday morning our only chance of rainfall and the sunshine returns monday and tuesday so. after a wet promising start to the rainy season, all of a sudden we're nothing going dry. mainly dry for the next week. we'll be right back with more news. ,,,,,,,,,,,,,,,,,,

after 70 years in business, "mel cotton's sporting goods" is going out of business. a san jose staple is closing for good. after 70 years in business, mel cotton's sporting goods is going out of business. liquid days sales are under way at the location at san carlos and ray street. liquidation sales are under

way. it needed renovations, the cost was too much to handle. they sold the land. the store will close before the end of the year. since the announcement many long-time shoppers have taken to facebook to share favorite memories. that's it for kpix 5 news at 5:00. the "cbs evening news with scott pelley" from cleveland is next. >> allen and veronica will see you right back here at 6:00. remember the latest news and weather, always on cbssf.com. ,,,, when legalizing safe, responsible adult use of marijuana, the most important question is how? by voting yes on prop 64: adults 21 and over could only purchase marijuana at licensed marijuana businesses. and prop 64 bans advertising directed at kids... requires strict product labeling... child-proof packaging... and bans edibles that appeal to children. smart provisions to safeguard our families.

learn more about the safeguards at yeson64.org.

po ♪ captioning sponsored by cbs >> pelley: down the home stretch. with a week to go, the race tightens, and the candidates start their closing arguments. >> are we going forward together, or are we going to be pulled backwards? e> we must win on november 8. we must win. ( cheers and applause ) >> pelley: also tonight, the battle here in ohio, fought by an army of door knockers, robocallers, and relentless tv ads. >> reporter: if you get up at 7:00 a.m., by what time have you heard your first ad? >> probably, like 7:03. >> reporter: 7:03? >> yeah, yeah. >> pelley: police video captures the deadly end to a manhunt in oklahoma. and, the birth place of rock is on a roll. >> yay! >> go, indians!