good morning, i'm teresa garcia live in fremont. could a.c. transit riders be stranded again today? >> and more cars on the road i'll keep traffic for you. here is a live shot from 101 and 880 in san jose and we have major road work going on in hayward. >> hundreds of people in walnut creek show their support for johannes mehserle. >> in san jose a permanent anti-communist protestor is in jail today. >> sun coming up, it's 6:04 but

it will take time for the fog to burn off. >> it's about 4:31 this tuesday morning. i'm eric thomas. >> and i'm kristen sze. topping our news, commuters that take a.c. transit buses could face major delays stemming from a labor dispute. many drivers called sick in yesterday about an imposed contract. >> you know about 200 of those a.c. transit drivers didn't show up for work yesterday. it is still unclear whether they will call out sick again today. this is all in dispute over a negotiated contract that has been imposed on them. those that will suffer are going to be the passengers, for example here at the a.c. transit hub, no buses just yet but we'll find out shortly if passengers are delayed, as well. today, the atu, transit union

workers plans on getting the new contract stopped. they achieved a ruling in it's favor last friday when a judge decided to require an arbitrator to legally settle their issues. a.c. transit has imposed a cost cutting contract that would reduce costs by $16 million which they need to fix the deficit. the workers are disputing contract changes to worker rules and co-pay rules and two tier pension plan. 1600 employees are affected by the impasse and they say imposing this contract is saving the agency about $300,000 a week. their concern is if it goes in favor of the union that more service reductions could happen as well as layoffs. those affected will be the riders. when you say 200 workers didn't

show up, you have to look at the bigger picture, that is 18% of the work force. it's not a complete walkout but we'll keep you updated as the morning continues. police in walnut creek say a rally in support of johannes mehserle and a counterprotest against the former bart police officer ended peacefully. rally outside the courthouse drew up to 300 people from both sides, more than hundred police officers from around contra costa county were on hand dressed in full riot gear. mehserle was convicted of involuntary manslaughter in the shooting death of oscar grant on new year's day on 2009. it got pretty heated between the two sides. >> it was an accidental killing. that is what i believe. >> it wasn't good enough.

>> i don't think he is a murderer that people are trying say. >> one business was boarded out out of fear. >> a well known vietnamese political protestor is in jail. he disguised himself as a woman at a popular singer sprayed with pepper spray. lilian kim has more. ♪ >> in vietnam, he is a sensation, but to pane in the vietnamese community, he is nothing more than a communist agent which is why he became a target during the performance at santa clara convention center. a woman approaches him with a flower but when he accepted he attacked the sing where pepper spray. >> it's an irritant.

he was uncomfortable i'm sure for a period of time. for about 15 minute the show was delayed while he composed himself and felt comfortable him nuf to continue. >> the woman turned out to be a well known anti-communist activist. he is perhaps best remembered for going on a hunger strike two years ago in an effort to persuade san jose to name a district little saigon. >> vietnamese leashed says he doesn't condone the use of pepper spray. an attorney will be representing him in court on thursday. his client is eager to face the judge. >> he had a piece of paper and it's for political protest. it's not just an ordinary act. in san jose, lilian kim.

>> the f.b.i. continues to look into the background of the man who got into gun battle with chp officers in oakland. this is the amateur video showing police car lights during the midnight shootout. they say the suspect 45-year-old byron williams was carrying enough ammunition on him to kill 50 people. it shows williams after he was arrested after a bank robbery. he remains hospitalized in stable condition. the f.b.i. is looking closely looking at a notebook found in his truck to determine what he planned. williams could spend the rest of his life in prison under the three strikes law, he has two strikes already. >> oakland city council begins two days of meeting to consider a bill that would make oakland the first city in the nation to license wholesale pot growing operations. a council committee passed the measure last week. they are proposing new tax

revenue initiatives that could raise the tax on medical cannabis. supporters say licensing wholesale operations is necessary to help get rid of illegal indoor growing that pose a high fire danger. smaller growers say they will be put out of business. >> bart directors are set to vote on thursday on how to spend the surplus the transit agency has this fiscal year. they propose after the extra money is improving passenger service and the other half would be to lower fares. but less than a quarter of riders were in favor of a proposed 5% fare reduction for three months. san francisco examiner more than three-quarters would prefer the money be spent on cleaner train cars and longering service hours instead of lower fares. >> it's now 4:37. yesterday we saw all the fog and

driving up 101, i saw all the fog. >> i stepped out of the car it was breezy and chilly. >> the steady onshore winds allowing the cooling to make it into the inland valleys. we cooled down significantly. we in the 90s yesterday and we'll see more 80s. 55 in livermore. 57 in oakland and 53 in san francisco. everybody else has the fog. cooler today, especially inland and chilly at the coast with temperatures coming way down. we will look for the afternoon marine layer to stay firmly entrenched at about 1500 feet deep. those westerly winds keeping the numbers in check? fact coming down as much as 8 degrees. highs cooler than average but we will be looking at the clouds hanging around the shoreline. 60 in san francisco. 60s and the in near east bay

communities and much cooler today with temperatures only in the lower 80s inland. frances has a look at the morning commute. >> a.c. transit drivers are calling in sick and fewer drivers and there could be potential delays there. as an alternate you may want to consider bart. they are reporting no delays and other mass transit systems are reporting no delays and it could mean more cars on the road through the east bay. a major connection ramp closed in hayward. right now you've got the 92 connector to southbound 880 and westbound 92 closed until 5:00 this morning. 4:39. >> a new poll on same-sex marriage. what it reveals about california voters' shifting attitudes zbha

plan to transform the oakland army base into a community faces a big test today. what community et cetera activists are demanding. >> and an effort to [ fema announcer ] this is a strawberry pop tart. but this is warm, fresh-baked strawberry toaster strudel. [ music ] see the difference? pillsbury toaster strudel, the one kids want to eat. ♪ whoa! do you know what our favorite part of shooting hoops is? 3...2...1... overtime! ♪ ♪ we're the kids in america ♪ oh, oh, oh why go one more round ? you don't need a rematch, but a rethink. with lunesta. lunesta is thought to interact with gaba receptors associated with sleep. lunesta helps you get the restful sleep you need.

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can help lower cholesterol. i, i want to be doing roller derby until i break a hip. and then i'll do it for a little bit longer. hahaha. [ male announcer ] it's simple, love your heart so you can do what you love. what do you love? see how cheerios can help you do it. good morning. it's 4:42. a live look at san francisco international airport. didn't i say i the fog and it will be a lot cooler for us. check in with frances to see how the traffic is. >> fog and cloud cover. >> it is 4:42, a small majority of californians are in favor of same-sex marriage. a field poll shows 51% of california voters support gay

marriage. the numbers are almost identical to a field poll taken in 2008 when 51% of the voters backed the idea but went back to the polls and approved a ballot proposition that banned same-sex marriage. a federal judge in san francisco is expected to rule this month on whether that ban is unconstitutional. >> the oakland port commission is due to vote today to extend an exclusive agreement with the developer for the former army base. it's an exclusive step for an expansion project that could create 8,000 new jobs. a rally is planned for this afternoon, a collection of labor and leaders are requiring a contract for the developer to commit to hiring local workers for the new jobs. >> a private foundation is offering to match donations to help rebuild a san jose elementary school that was gutted by fire. trace elementary suffered $10 million in damage which

investigators say was arson. they have fire insurance but 100,000 deductible a donation fund has been set up to meet the deductible. there has been an out pouring support from the community. they announced yesterday a train family fund will match donations up to $50,000. wells fargo has pledged $25,000. how would you like to live near san francisco's busiest fire station? the innovative swap that is annoying some residents. >> and elena kagan moves closer to a seat in the supreme court. >> senate goes to work on unemployment benefits. find out what is different this time around coming up. can i eat heart healthy without giving up taste? a man can only try... and try...and try.

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have extensive cloud cover. you want to keep up to date our own forecast, stay tuned. ohio valley to the western plains they could see delays in chicago. northeast looks fine for now. to get more information, check flight tracker. it's 4:47. senate judiciary committee votes on the nomination of elena kagan. democrats hold an edge in the committee and they are uniting. republicans are unanimous in opposing her. lindsay graham may vote for her. if confirmed she would consider reducing herself from matters involving health care overhaul on a case by case basis. >> oil from the blown out well is seeping into gulf of mexico but this time more slowly.

scientists don't think the cap that stopped the flow is making things worse. this is a live look near the sea floor, the fifth day has stopped gushing. thad allen the leak is not a major concern. they are intent content to leaving the cap on now. mill yontsz of americans who have been out of work for an extended period are expected to get help from capitol hill. unemployment benefits could flow later. >> marilyn green is a missouri lawyer that lost her job and now she is losing her unemployment benefits. $3420 she has received each week. >> you can't even get a job in a retail store.

>> 2.35 million americans will lose their check unless congress extends payment. >> time to hold them hostage to washington politics. >> he blames the republicans for blocking it three times. >> each time a partisan minority has used moors to block a vote denying millions of people out of work much needed relief. >> republicans say they have a $34 billion plan funded by two other programs. >> how is it paid for? >> with stimulus money. >> i object. >> this afternoon, president is likely to get his wish when a new senator is sworn in. it takes 60 votes to pass the bill and gives marilyn greenpeace of mind while she continues to look for work. >> please congress and the president do something. i don't want to be in a situation where i can't pay my

bills and rent and wondering where i'm going to live. >> under the bill, people that have lost their benefits over the last few months will be able to rereceive them retroactively. a trip to the gas station is a little less painful. gas prices are down nationwide. a gallon averages 2.72. california drivers are paying the most, 3.13 a gallon. gulf coast has the lowest prices at 2.55. gas and in is usually high in the summer driving season but americans are right now holding on to their cash in this tough economy. >> vacation, what is weather going to be like, lisa? >> one guess -- for june and july, no big warmup in sight.

high definition emeryville, lots of clouds making their way into the east bay and a lake burnoff will allow for temperatures to stay cool. in fact below average. right now we're looking at 53 in san francisco. 59 in mountain view and 55 in livermore. and low 50s in the north bay. highlights, low clouds this morning with cooler temperatures today. especially inland and we'll look for chilly numbers at the coast with no clearing at all. this is the fog, bat 2,000 feet deep, it will take till noon or 1:00 to burn off. gray start in the east bay and temperatures are coming down across the state. 95 in sacramento. low 80s in los angeles. look for temperatures still to be on the toasty side in yosemite. 98 there. return for more 70s in the south bay. elsewhere, low 70s from

milpitas. 72 in sunnyvale. peninsula very cool here, only 56. half moon bay, pacifica, just about 70 there. san francisco a cool day, only off with partial afternoon clearing. near east bay a cool day with afternoon sea breeze, 62 in berkeley with 72 as you head down to fremont and out over the hills. low 80s in danville and nice pleasant afternoon in brentwood. so down by the monterey bay, don't think you're going to clear in santa cruz, 63 there. cool weather with us. slightly warmer at the end of the week. you definitely want to dress in layers for cool days and you might be waiting longer for a.c. transit buses.

look out for alternates, bart is reporting no delays. we'll check out what it looks like right now, delay free heading into san francisco. let's head over to 680 in walnut creek, traffic is still light this tuesday morning as you make your way southbound. it's a little breezy. so far accident free down to san ramon valley. and down to the interchange where traffic is flowing very well and headlights northbound 280. get the latest traffic conditions any time by going to our website at www.abc7.com. it's under the bay area traffic link. >> san francisco lawmakers are a step closer to approving a swap. to give the city a brand-new fire station and allows a museum to expand. carolyn tyler has more. >> in a unique arrangement

between the city and the museum of modern arts they plan to acquire the neighbor, fire station number one. that will triple gallery space, an expansion that will house the fischer art collection. >> we begin to look at the adjacent state and finally we settled on the firehouse. >> that firehouse was built in the early 9000s. >> now city officials agree they will take over the land on howard street and in exchange build a new state of the art firehouse on folsom about four and a half blocks away at no cost to taxpayers. mayor calls eight win-win. >> great idea, it really is. >> proposed location is in a mixed use area with businesses like a carwash and a hardware store, but there are also

homeowners in the growing neighborhood. station number one responded to 13,000 calls last year. >> it's a big issue for a lot of people. >> plans are for the new firehouse to open in fall of 2012 and museum expansion in 2015 at the earliest. california health officials say the state is in the midst of a whooping cough epidemic and they are urging children and people that work close with them to get vaccinated. there have been 1500 confirmed cases the most since the 1950s and five of them has been fatal. two months, six months and a booster at about three and a half years of age. >> they'll cough, cough and keep

coughing, so they basically suffocate. they turn blue and sometimes they stop breathing. >> whooping coughing cases peak in november. clinic will take place 4:00 to 9:00 at market event at the plaza. >> researchers are reporting a major breakthrough in the fight against aids. they create a jell that cuts risk of infection by half. the vaginal jell blocks the virus that causes aids. >> identifying some kind of a compound that would do that job to completely transform hiv prevention around the world. >> the results still need to be

confirmed in another study. foster based company has licensed the rights to produce the jell. >> just ahead, warning going out to hikers and joggers along a popular trail. >> live in oakland, a city that may be going to pot, i don't mean it that way, this way. i'll explain in a couple minutes. >> and a vote today that could have another bay area community saying no to pg&e's smart meters. [ wind howling ] [ male announcer ] it balances you... [ water crashing ] [ male announcer ] ...it fills you with energy... and it gives you what you're looking for to live a more natural life, in a convenient two bar pack. this is nature valley... delicious granola bars made with 100% natural ingredients. nature valley. 100% natural, 100% delicious.

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