. >> complete bay area news coverage starts right now. >> a major new development tonight in the legal battle over same-sex marriage in california. good evening, everyone. i'm frank somerville. >> and hello everyone i'm heather holmes in tonight for julie haener. the federal judge presiding over california's proposition 8 case says he has considered the arguments and now is ready to rule on whether same-sex marriage can immediately resume. and he plans to make his announcement by noon tomorrow. ktvu's mike mibach is live in

san francisco with the reaction. mike? >> heather, tonight, a sense of hesitation out on the streets [ inaudible ] >> at this place right here behind me san francisco city hall is prepared for the rush. because in just 14 hours it could be reopening its front doors to gay marriage. >> hopefully the judge will rule that each of the city offices will allowed to be open to prepare marriage licences and allow same sex partners to be married. >> reporter: tonight in the castro there was no celebration but there was a sense of confidence. >> will we be having marriages down at city hall? >> i think so, yeah. and if not we will eventually. sooner or later we're going to win. >> when it goes to the supreme court and it's passed, then it will become official. >> i'm sure it will go to the supreme court. and i'm sure that the supreme court will rule back in the state favor. and rule and side with judge

walker. >> reporter: last week judge vaughn walker ruled constitution 8 was unconstitutional. she warmed the city hall to get marriage licences but he placed a stay on his own ruling. tomorrow morning californians will now learn if gay marriage will resume as judge walker's case makes its way through the 9th circuit of appeals. mary mckay is hopeful about the ruling. >> i don't think it will be underestimated how important it was that governor schwarzenegger and attorney general jerry brown weighed in about letting it be lifted right away. >> reporter: a spokesman for the alliance fun which argued the gay marriage ban told me 15 minutes ago that if the stay is lifted it will automatically appeal walker's ruling to the 9th circuit. for now again, he says, it is a wait and see story. reporting live tonight here in san francisco, mike mibach, ktvu, channel 2 news. now, if judge walker gives the go ahead for same-sex marriage, cities and counties all across the state might face

a rush of requests for marriage licences and weddings. san francisco tells us that it is prepared and it has training and protocols for same sex couples. be sure to keep it right here on ktvu, channel 2 news, as well as ktvu.com for live coverage of that ruling. we will bring it to you tomorrow when it happens. >> the promoter of that teenage dance that ended with the shooting death of a german tourist apologized today. the german woman was walking down mason street with her husband a block from union square on sunday night when somebody opened fire. police say rival groups at the dance got into an argument and that's when the shots were fired. dance promoter colins blamed it on what she called a few bad apples. and said that all she was trying to do was create a safe place for young people to gather. we have new information tonight about a killing in the east bay that led to a wild and lengthy high speed chase today. and a standoff with a suicidal suspect. the homicide and the standoff

both occurred in bay point in salano avenue just a couple of blocks from willow pass road. ken wayne is live at the scene with our report. ken? >> reporter: frank, crime scene investigators are in the 1900 block there. you see behind me a van is being moved that has been parked here all day long. we don't know if this is a resident where the homicide took place. but crime scene investigators are still in the house behind the drapes in the living-room the homicide victim's body is still inside the house after a long tense afternoon that involved a high-speed chase on highway 4. about two dozen highway patrol and sheriff's vehicles pursued a yellow ford suv after the suspect's vehicle was spotted on the highway. the driver led officers from bay point to concord and back at least three times before finally taking them back to the very street where the killing occurred. (sirens). >> there were times it went into high speeds, 70, 80, 90

miles per hour. >> the suspect identified as rubio was armed with a gun and appeared to be threatening to kill himself during the pursuit and after he finally stopped. >> he stayed in the vehicle hold-up at various times he had a gunpointed to his head. and i should mention that during the pursuit he had a gunpointed to his head at various times as well. >> reporter: this man says officers used his home as a staging area to communicate with rubio. >> and am they were saying what can we do for you? you know, what can we do to talk you out of this? you know, we are here for you and here to make things better for you. we don't want this to end in a bad way. >> reporter: a reverse 911 call was sent to residents to stay in their homes. >> the police on bailey road between will owe pass road and highway 4 are advised to take shelter in the nearest place of safety. >> reporter: rubio finally surrendered and was taken away on a gurney after apparently shooting himself in the leg. some residents captured the moments on cell phone cameras.

the whole ordeal has neighbors wondering what happened to their normally peaceful street. >> now that's the question. that right there is the question. is it safe? i don't know. it doesn't seem too safe if people are getting shot like this. it doesn't seem too safe. i wouldn't recommend the neighborhood after something like this, no. >> reporter: the homicide victim has not been identified as i mentioned his body is still in the home behind me. rubio was taken to a hospital to be treated for that apparent gunshot wound. and then will be booked into the county jail on a charge of murder. live in contra costa county ken wayne ktvu, channel 2 news. the man accused in a gun battle with highway patrol officers last month on an east bay freeway pleaded not guilty today to all of the charges against him. byron williams faces four counts of attempted murder on a police officer, in addition to weapons charges. williams came to court in a wheelchair, still recovering from the injuries he suffered when an officer shot him. the gun battle started after

officers stopped williams on i- 80 in oakland back on july 17th. williams has two prior bank robbery convictions and if convicted in the shootout, could face life in prison under california's three strikes law. parents of oakland's school children took to the streets today demanding the cash strapped district prevent the closure of more than a half a dozen daycare centers. the parents say those centers are a lifeline, not just for their children, but for entire families. ktvu's janna katsuyama explains. >> reporter: at the jefferson cdc or childhood development center it isn't all play. >> get your hands up. everybody, she wanted to grow, right? or we will see what happens here. >> reporter: it is also about helping children grow. the oakland school district has 31 centers that offer after- school programs and pre-school to about 2500 children. but the days are numbered for jefferson and six other centers

that were counting on state funding. oakland school officials say under the governor's latest proposal state funding for the centers would plunge from nearly $18 million to $3 million. in his may revised budget, he proposed drastically cutting funding for early childhood education and child development centers throughout california. >> that means laying off some 76 teachers and staff and leaving many children with nowhere to go after school. >> the majority are low income families. you know, they can't afford to pay private daycare. >> daycare. >> i don't want the cdc to be closed. >> reporter: today a group of children and parents protested outside the state building in oakland. many parents say without a place to leave their children, they might have to reduce their work hours or even quit their jobs. >> one of us would not be able to work because we will have to spend full time taking care of our kids at home. which affects our income, which affects our living situation. >> reporter: the parents say

they are contacting state lawmakers and hope to block the governor's budget cuts. >> we want to remind the state that they can't keep cutting the budget on the most vulnerable members of society. [ music ] >> reporter: with time and funding running out at the end of this month, many parents are desperate. and they are even thinking of trying to continue these pre- school and after-school programs with parent volunteers for as long as possible until the state decides on a budget. reporting from oakland, janna katsuyama, ktvu, channel 2 news. fear that the nation may be headed toward a double dip recession was the talk today in stock markets all around the world. word that the u.s. trade deficit jumped in june to almost $50 billion and negative economic news from china led analysts to predict trouble ahead for u.s. goods overseas. add that to the federal reserve statement just yesterday, the economic recovery may be slowing and pessimism is abounding in markets worldwide. all of those worries added up

to a miserable day on wall street. the dow plummeted 265 points while the nasdaq lost 68. san jose based cisco systems dropped almost 2% despite increased profits. among today's other big losers, aig, caterpillar and boeing. however, the disney company and macy's are bucking the economic trend. disney reported its second quarter sales increase, 16% from a year ago. thanks to a boost from espn and the success of toy story 3. macy's net income also urge surged in the third quarter as sales rose 17.2%. they focused on exclusive brands and taylor oring brands to market. >> an all star cast was in san francisco today for the groundhe can bring of a new transbay terminal. the $2.7 million project will take six years to complete. it will include the first high-

speed rail station in the united states. officials in today's ceremony focused on the economic impact that the project will bring to the bay area. >> this transbay transit center project is quite simply a bullet train for job creation. the first phase $-- 48,000 jobs. >> when completed, the new transbay terminal is expected to provide a hub for 11 different transit systems and 45 million passengers a year. [ music ] >> soon you may see more vehicles in carpool lanes. we will explain. [ music ] >> and governor schwarzenegger returns to the big screen. we are learning why his plans for a boycott. >> and it is another foggy night right now

. changes could be coming to carpool lanes throughout california. a new bill that has passed the assembly and the state senate could mean thousands of additional cars using hov lanes, even if they are only carrying one person. ktvu's amber lee is live in berkeley tonight with our report. amber? >> reporter: frank, if the governor signs the bill into law, motorists could soon see more vehicles in carpool lanes. the push to get people to buy more energy efficient vehicles and to carpool say soon get

help from sb535 a bill offered by lee. it will allow people who buy alternative fuel vehicles such as hybrids to use the carpool lanes during rush hours. >> we really want to incentive people to purchase these kind of cars do clean up our environment. >> reporter: currently some energy efficient vehicles are allowed to travel in the carpool lane or hov during rush hours. that would expand at the end of this year. lee's bill would extend that for the next couple of minutes. and after that they can apply for a sticker that would allow them to use the hov through 2018. the dmv will issue 30,000 stickers. some say the program is unfair. >> the only people who should get a break are the people who are actually carpooling. those are the only people who should get a break. >> i get the reasoning behind it to make it environmentally friendly. but for me because i don't have

one of those. >> reporter: but the bay area air district says encouraging people to buy energy efficient vehicles by offering the use of carpool lanes will hopefully get the owners of those vehicles to carpool after the program expires. things that slowly edge them there so that they actually start changing the behavior, that's what we need. >> reporter: state senator lee says the bill will hart to jump start sales in the sluggish automobile industry. owners of the new alternative fuel vehicles would pay a one- time of $25 to $30 for the hov stickers. reporting live here in berkeley, amber lee, ktvu, channel 2 news. and some other changes to carpool lanes may be coming into the bay area similar to ones in la. transportation officials plan to have fixed entry and exit points. designated merging areas. and toll lanes will have carpool hours in effect most or all of the day. so non-carpoolers can't use them in non-commute hours. these changes, though, are

several years away. >> clothes made from animal fur soon may need special labels if they are for sale here in california. the state senate passed a measure today that would require the identification. currently only garments that have more than $150 worth of animal fur have to be label. supporters say consumers have a right to know what they are buying. but opponents say the labels would burden retailers. the bill now heads to the governor. he hasn't said if he will sign it. >> the state corrections department is borrowing almost $65 million to begin building a new death row at san quentin state prison. the money is coming from california's cash strapped general fund. officials say borrowing the money now will save cash in the long run by reducing interest payments. but opponents say it's foolish to take money from the general fund while california has a $19 billion budget deficit. construction of the new death row is set to start in november. >> today was the deadline for candidates to file their paperwork to run for mayor of

oakland in the november 2nd election. >> great. [ applause ] >> as expected, council woman jean january signed up as did don perata as some considered the front runner. it includes kaplan and real estate larry line he will joe jr. and the current mayor ron dillhams is currently seeking a new term. >> the new action movie featuring arnold schwarzenegger in a new cameo is getting a lot of attention but not the kind of attention they are hoping for. why state workers are planning a boycott. >> reporter: the expendables features top action stars though some of the states 210,000 public employees will stay home rather than watch governor arnold schwarzenegger's return to the

screen. >> give the gun to my friend here he loves playing in the jungle. >> he has a 30-second role and it was a role nonetheless and he shouldn't be doing that with the condition he has put the state of california in. record at issue are recent attempts to impose a new set of furloughs and cut paycheques to minimum wage levels. >> he does that to our members once they just got some type of relief as far as getting a full paycheck for the month of july and then looking to get furloughed again for three more days a month. >> we don't want to do the furloughs. we want a budget. the furloughs are a direct result of the legislature's failure to produce a budget. as soon as we have a budget the furloughs go away. >> a newspaper anonymous e-mail began circulating today complete with a parody of the movie. it is something arnold schwarzenegger did for his friend. >> it only cost him a couple of hours on a saturday so certainly didn't get in his way

as the governor of california. >> this isn't a political theater where you have people boycotting a film called the extendabling. >> that is forcing the governor for the negotiation time is making the case you will boycott his future movie career. >> reporter: employees are split between the boycott. >> we received e-mails not to go to support him in his movie. i don't think it's a great idea especially given the fact that he is trying to furlough us again. >> that is completely state government politics. the movie is entertainment. >> state public employees say they will picket outside bay area movie theaters showing the movie and plan to distribute these flyers about the furlough fight. david stevenson, ktvu, channel 2 news. a wild horse round-up got started today in the county despite protests and lawsuits from wildlife advocates and environmentalists. almost 130 wild horses were captured today and herded into corrals. some of the horses reacted

violently. a number of them will go out for adoption. others shipped to pastures in the midwest. federal law forbids their slaughter. the round-up is set to go on for six weeks until some 2,000 horses are captured. [ music ] well, the fog has certainly been the story around here. we had drizzle most of the day along the coast. right now we're tracking the fog as it moves into most bay area neighborhoods. it's cool along the coast, ocean beach has fog. san francisco and san raphael. on the oakland hills now fog but not just at the hills. as you go over the hills, we have fog into walnut creek, concord, temperatures in the 50s. fog is not into the delta yet. but i'm telling you, tonight we will see fog as in land as oakly. temperatures in this area should be in the upper 60s, low 70s. right now 61 degrees out in the deepest valley parts of the bay area out towards the big valley. temperatures right now in the 50s. they should be in the 60s and

70s. back in less than 10 minutes with tomorrow's forecast. see you then. >> former democratic chicago congressman dan rosstenkowski died at the age of 86 years. he was a powerful and influential politician heading up the house ways and means committee. a former republican house leader and friend said they were political opens but never enemies. his career ended in disgrace in 1994 when he was convicted in a corruption scandal. president clinton pardoned him six years later. it hasn't happened since world war i: coming up, a new everybody measure of just how much the latest recession has affected californians. >> plans to build a power at

our real national pastime? saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online.

. >> thousands of workers left jobless when the nummi plant closed in fremont had a chance today to look for employment at a special job fair. about 3,000 former nummi employees, and vendors turned out at the alameda county fair grounds in pleasant ton. organizers waited until today to give the former nummi workers time to write resumes and interview for other jobs. they hope to set up another fair in objecting. government economists say that for the first time since 1940 per capita income in california dropped during 2009 compared to 2008. figures from the federal bureau of economic analysis showed the average annual income in california dropped from almost $44,000 in 2008 to $42,325 last year a lot of 2.5%. losing almost 900,000 non-farm payroll jobs, economists say

the decline in income can create a decline in purchasing. >> that can create a self- fulfilling prophecy if people are worried about the future they don't spend. that means even more jobs lost and an even greater reduction in personal income. >> he wept on to say that could lead to a second recession or downward trend but those are not inevitable. >> drivers on highway 1 in marin county will want to know about road work over the next few weeks. the construction will be subject to one-way traffic. crews plan to repair the pavement between 8 p.m. and 6 a.m. the work is expected to take about three weeks. >> a judge today reaffirmed his order, calling for binding arbitration to settle the labor dispute between ac transit and its drivers. the decision came despite a request from ac transit attorneys that the judge reconsider. transit lawyers also insisted the arbitration order depends on drivers stopping a sick-out

but the judge ruled there is nothing to prove that union leaders have directed bus drivers to call in sick and that the high rate of absenteeism may be a coincidence. a south bay woman is suing the sports organization u.s. swimming claiming the group knew but did nothing about complaints of swimming coach was molesting her years ago. january c thompson accuses her former switch coach norm haverktvu abusing her when she was a 15-year-old member. she has left the area. top son is now 28-year-old. >> i believe that usa swimming is a major reason why more victims don't come forward. usa swimming does everything it can to protect its image, its coaches and ignores the swimmers who eventually turn into victims. >> usa swimming is facing similar legal action involving andrew king, a former coach convicted of molesting young swimmers in the south and east bay. usa swimming has so far

declined to comment on the haverktvu case. >> a pleasanthill caretaker pleaded not guilty to killing the woman she works for. diane warrick is accused of murder with an enhancement of using a knife. prosecutors say warrick stabbed to death 70-year-old mary jane scanlin at her home in june. the two had an argument about where warrick was parking her car. about ten years ago warrick was found not guilty by reason of insanity for allegedly trying to kill four police officers. >> we don't think that the tower even is architecturally compatible with the existing building. >> passion and debate tonight over building a minaret over a [ man i was deciding what to do

with my citi thankyou points when it happened... [ glass breaks ...again. ♪ [ child run! [ man first it was the mailbox. then my squirrel. and now, this. so i used my points to make a donation to get the park down the street built. when it finally opened, i also used my points for... car repair. [ male announcer use your citi thankyou points for almost anything, even local charities. what's your story? citi can help you write it.

[ music ] >> as i mentioned drizzle at the coast pretty much all day today. there is going to be more fog tonight. it is moving inland. a little drizzle tomorrow at the coast. here is the upshot a warming trend headed your way as we move towards the bay area weekend. forecast highs tomorrow are still cool. but tomorrow begins the warming. some temperatures will be a little bit warmer tomorrow but not a heck of a lot. the fog forecast in the morning hours. here we are thursday morning at 7:00 a.m. you've seen that before. drizzle along the coast. here is what you want to watch. look at the quick burnoff right here. boom back to the coast by lunch time. 1:00 for most of us. that means a warmer day tomorrow inland. back here at 10:45 and have your five day forecast. see you then. >> a plan to build a large minaret sparked passionate

debate tonight on more than just anesthetics. it would rise 64 feet at the muslim community center on scott boulevard in santa clara. ktvu's lloyd lacuesta is in santa clair with a tonight with our report and the planning commission's decision. lloyd? >> reporter: frank, a meeting of the santa clara planning commission tonight was supposed to decide a request from a local mosque to find a 64-foot high minaret tower but the discussions talked about 9//11 and the islamic dominance cropped up. >> i want to say that we strongly believe that adding a minaret to the architectural in santa clara is a wonderful thing. >> reporter: the mosque has been a place of worship for 14 years. it is located in a light industrial area. an architectural committee has already approved the building of a minaret tower that would have no loudspeakers but would symbolize that this non-script building is a mosque.

>> it used to be a call for prayer. but with digital watches and everything else it becomes an architectural element. >> okay. >> so it becomes an architectural identity associated with a mosque. >> but a neighbor across the street objects and filed an appeal with the planning commission. >> we don't think that the tower even is architecturally compatible with the existing building, much less with the buildings in the surrounding area. it. >> reporter: the minaret tower would be twice as high as a 32- foot high statue of the virgin mary at a nearby catholic church. the mosque views it as similar to a steam on a church steeple on a church. there were community supporters tonight. >> the minare. it has additional importance because it will reflect the religious diversity of this area and the value we all place on religious freedom and tolerance. >> reporter: but a group of opponents tonight say the

minaret tower is a political statement for islam. >> does it need to even be there? if you wantto remove the political dominance of islam, why not a ten foot minaret? i mean, basically that won't offend anybody and they have no practical purposes anyway. >> in the end, the planning commission unanimously denied the appeal and gave the green light to go ahead and build the minare temperature tower. opponents are not saying what they will do next. live in santa clara, lloyd lacuesta, ktvu, channel 2 news. >> crews in san francisco are putting the finishing touches on a scale down outside lands music and arts festival set for this weekend in golden gate park. the two day festival representing the parks department kicks off on saturday. it is one day shorter this year than in past years. but organizers say it still will offer pleasantat this of great music and food. >> all of the food here is really top-notch. and really great variety of

stuff. so that's something that i think most festivals nationally don't really have. and we are really glad that we have it here p. >> this year's lineup includes kings of leon, phoenix and further featuring fill and bill. 80,000 people are expected to attend. >> in sacramento an agreement are meant to make baseball diamonds safer for players. he wanted to ban metal baseball bats in high school after 16- year-old guner was struck in the head by a line-drive this spring. he joined guner in sacramento to promote baseball safety. the group overseeing high school safety agreed to new safety standards requiring that metal bats be tested to ensure that they limit the speed of the balls they hit. the bats also may include a tamper-proof decal that would indicate if the bat has been modified to improve performance. >> this agreement is the best

possible outcome because it is done by them voluntarily and we have accelerated that action to take place immediately in the coming school year. schools will also be encouraged to provide protective head gear for players and required to use the new bats in january if they are available by then. >> bay area doctors and nurses are heading back to haiti tomorrow to help earthquake victims still struggling to survive in the wake of jan's devastating earthquake. as health and science editor john fowler shows us, this time they are bringing along a very special high tech gift. >> reporter: seven months after haiti's big quake more than one million people remain homeless. doctors say disease is rampant. injuries overwhelm clinics. people continue to die. >> it is still a fairly dire situation. it is just that it's fallen from the public's attention. >> sutter health east bay chief medical officer lockhart and the surgical nurse kinser are among a team of 13 bay area

health professionals leaving tomorrow paying their own way for their third trip to haiti where the heat index is 115 degrees. to the st. nicholas hospital which has no running water, no glass in the windows, rats in the or and primitive medical care. >> we made a commitment to them on our first trip that we would return to teach them. so our main mission this time is to not only take equipment with us, but teach them how to use it. >> reporter: the team plans to return to the bay area in a week. buildup importantly they will be leaving a robot like this at the haitian hospital so doctors here can take part in surgeries there. >> we will be able to actually, if you will, beam into the operating room and be able to consult on cases. we will be able to look at x- rays. we can tell like john madden does on monday night football and coach the surgeons on what they should be doing.

>> the manufacturer donated the 16,000 telepresence software and the laptop. >> be in san francisco with his colleagues and still triage patients back in haiti. >> reporter: they also donated an operating room x-ray and this is an ongoing commitment thanks to sutter health, the non-profit helpers in health and corporate donors. >> that will end a able us to do what we are able to do is take care of people no matter where they may be in the world. >> reporter: the team plans to return to haiti at least once a year. this is john fowler, ktvu, channel 2 news. >> disturbing charges against a former priest living in the bay area. up next, what we're learning about the accusations he is facing in another country. plus a jellyfish on the attack. what may be behind hundreds of people getting stung overseas. >> and a warning for parents about those inflatable bounce houses so popular with children.

. >> federal authorities are taking steps to extradite a former catholic priest from the bay area to ireland to face sexual abuse charges. neighbors of 74-year-old patrick joseph mckay expressed shock today when told he is wanted for sexually abusing boys in his native ireland in the 1970s. mckay came to the united states in 1982 and worked at churches here. the irish authorities say he committed in don't assault on six boys ranging in age from 11- 16. >> that surprises me. he doesn't seem to be that kind of a person. he seems to be very much to himself. he has a lady friend. >> mckay is being held at santa

rita jail. his attorney hopes to go to court on friday to try to get him released from jail because of chronic health problems. >> san jose police said today they have arrested a registered sex offender on charges of an attempted assault at a hospital. police say 21-year-old stephen ray coolly exposed himself to a female janitor at regional medical center and then tried to sexually assault her. investigators say surveillance photos helped them track down cooley. jail records indicate he is on probation for indecent exposure. a class action lawsuit claims at&t over charged customers for wireless roaming in foreign countries. the suit accuses the communications giant of charging "exorbitant fees for international roaming calls that no one answered." it also claims at&t structured its bills so the customers were not aware of the charges. the lawsuit was filed last week in federal district court in oakland. at&t said in a statement that the allegations have no merit. in news of the world

tonight, in pakistan the u.n. appealed for $460 million to help provide relief for victims of the worst flooding in memory. the situation seems to keep getting worse. it's estimated 14 million pakistanis or almost 1/10th of the population has been affected. the number of people, especially children falling ill from waterborne disease keeps increasing. in russia, at least six wildfires were burning today in areas contaminated by radiation from the chernoble nuclear disaster. the official monitoring radiation levels says there has been no increase. a top nuclear scientists says even if there is radiation, it would be very low. but environmentalists say they are not convinced there is no danger. some 600 wildfires triggered by record summer heat are burning all across that country. >> and in northern spain, hundreds of beach goers have been stung by jellyfish or portuguese men of war who look

like jelly fish and extinction can be excruciating. fishermen has checked 300 of the yet you'res. eliminate where in spain jellyfish have attacked 700 swimmers since sunday. marine biologists say the increase may be due to climate change. when is there somebody cleaning this up? >> they are now officially some of the most polluted waterways in the state. coming up why the south bay suddenly has more than a half a dozen fouled

sweet n' sour filled twizzlers. the twist you can't resist.

. >> some of those bounce houses or jumpies for children may not be good for them. the center for environmental health says most of those bounce houses that they tested had dangerously large levels of led.

at a berkeley school today one bounce house that tested for high led levels was actually off limits. the center says children should wash their hands and if possible change their clothes after playing in them. >> because what happens is when the kids touch the bounce house or, you know, fall on the floor and their clothes touch it, they are getting led on their hands and on their clothes. >> the center says there is no safe level of led. the center and attorney general jerry brown are suing eight bounce house manufacturers and distributors to get the led out. >> state water officials have designated more than a half dozen creeks in the south bay as polluted because they are filled with trash. but voters approved money eight years ago to clean them up. so why are they so polluted now? ktvu's maureen naylor reports. >> reporter: in the guadalupe river in downtown san jose water flows, wild like frolics and trash threats. >> it's an issue. i was just looking down at the

creek right by the water works, the old water works. and i go, why isn't there just somebody cleaning this up? >> reporter: last week, the state water resources board named the guadalupe river and 25 other bay rivers, creeks and parts of san francisco bay to its list of polluted waterways. >> it's not a surprise. it's not a surprise that they are on there. >> reporter: carol frederick son with the santa clara valley water district says trash is a big problem in some county water ways despite a ballot measure they passed in 2000 to designate more money to cleanup and restoration. >> we are doing the best we can. the voters have funded the trash cleanups that we are doing. they do appreciate it when we go out there and do it. and we will continue to do it. >> reporter: the other santa clara waterways are all creeks. the water district says the most common issues are food wrappers and plastic bottles.

>> we find that areas where there is high schools, fast food restaurants, there is usually more trash in the area. >> well, it can be fixed. but, you know, do we have a bottomless pit of money to throw at it? i mean, it's a tremendous problem. >> reporter: reid of the creeks coalition is the big problem is the increasing homeless population downtown. >> a lot more homeless living on the creek than we have had in the past. each year it gets bigger. as it gets bigger more and more you find that there is trash building up in the creeks. >> reporter: he says the county's trash task force has a new cleanup effort in the works. water officials say people who see trashed waterways should give them a call. this is maureen naylor, ktvu, channel 2 news. >> and for a complete list of the polluted bay area waterways go to our website ktvu.com and click on web links. the first mosquitoes and birds tested positive for west

nile have been found another oakley. the bird was found another west cypress road and o' hara avenue. it is unusual to have the first detection of the virus this late in the year. but scientists say this summer's cooler temperatures may have prevented the transmission of west nile virus. [ music ] >> and cooler it has been. go to live stormtracker 2. this is the current temperature footprint. can you see the 50s really working their way all the way up into sacramento where it is just 61 degrees right now. sacramento normally this time of year easily in the mid-70s at this time of night. even in the 80s. forecast more clouds coming your way. a warming trends as i mentioned into the weekend. this low pressure center will budge finally. as it does we will see more sun. tomorrow is a repeat of today basically. with a little bit more sunshine. actually, a lot more sunshine, especially inland.

but more sunshine increasing temperatures. but not a lot. 3-5 degrees is what we saw today. further warming as we move through time. tomorrow as we move through the microclimates throw 70s out towards the berkeley area. low 80s in walnut creek. and you head out to the delta and get real close to 90. because that's the big heat over in stockton and tracey where temperatures will be in the 90s. spot forecast and downtown with good air quality 78 degrees for a day-time high. not talking about fires or spirit of the air days or heat advisories. that is really we haven't had one of them the entire summerment the forecast for the fog in the morning at 7 a.m. it's in your neighborhood. and then by lunchtime, it's gone right back to the coast. and so we are going to see more sunshine and highs will get up into the upper 70s and low 80s and the warmest spots. 79 in fairfield. 83 in apt often. 82 in livermore. a warmer day. a little bit nicer. because i have to say, we have

all gone through this the last few months together watching the fog come in. a lot of drizzle coastside. but today was one of those days i got an e-mail out at half moon bay he said it drizzled all day. windshield wipers on all day. it's august. this weather. >> that was an annoying tone, wasn't it? >> they are over it. today as it was foggy all day in alamo. and this doesn't happen. it will change. it will change. the woman: did you bring the camera phone? man: i did. do you wanna go first? i've been waiting for this all day. ok, this is from... aunt stacey. introducing chase quickdeposit. just photograph the front and back of your check using the chase mobile app on your iphone, and hit send. it went through. this is so cool. this is so cool. you wanna try it? yea. ok. all right. who's next? make a deposit from anywhere, anytime--

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. >> the historic richmond plunge is scheduled to re-open to the public this saturday after being closed for nine years.

it was the first large in door pool of its kind in the bay area when it opened back in 1926. the pool was actually scheduled to be demolished in 2001 but community members joined forces to raise $7.5 million to save and renovate the pool. >> boy, how about that. many, is here now with sports. this is a good pennant race with the giants here. >> yes. you kind of get the feeling it is going to go right down to the end of september s st. patrick's day you might call it in august as in matt burrel doing it again for the giants. mask, last three games they have won the giants' left fielder has driven in the game winning running. arizona his new teammates mike batino and they give up an infielder for him. he provides two runs in the very first inning with a clean base hit to left field. giants' present barry zito with a 3-0 lead he would not hold. off night for barry zito.

but another example of burrel doing it all in left field this time. watch him hit the relay man juan uribe perfectly. big arms for the giant shortstop perfectly done to posey. a key play right there because it is 4-4 in the bottom of the 8th. burrel with the bat this time, tickets to ride, homerun, solo shot. his 10th of the year. what a pick-up there 5-4 win over the cubs. but no bulging the padres at the top of the west as they head to a weekend collision with the giants up here. it's two and a half game lead for san francisco hairy jr. they build a 7-0 lead over pittsburgh and hold on to win it 8-5. kevin carea the winner in this one. >> the as doing double time up in seattle where the big left arm of dallas brayden does the rest. oakland manages to salvage 1-3

up in the great northwest. here is a look at his career best for him with three doubles in one game. down the left field line into the corner it goes. two runs. in the 5th inning and the as build themselves a 4-0 lead despite the fact ellice got himself in a little pickle between third and second. he is out but it didn't ruin his day because dallas brayden made it stand up. the leftie with a complete i game four hitter struck out six along the way. 478 record. 5-1 record. little worry for the 49ers and their camp. some issues creeping in. awol with an un excused absence. this is the time for optimism and justin smith to led the season in sacks last season has truly made his presence felt and is ready he feels for the next step. >> i just want to win now. once the playoffs and were in there for four hours.

like to get back and definitely go on a lot longer road than that. i just want to win. you know, a superbowl would be nice. so that's our goal. all right. 9ers with the first pre-season game this weekend. >> good luck to you. >> op