vivid new accounts tonight of the crew and conditions on the ill faded yacht that crashed costing five people their lives. good evening i'm julie haener. >> and i'm frank somerville. we're learning new details tonight about the bay area's deadliest boating accident in years and the police investigation that's now underway. five of the crew members that were on the boat never made it back home from a race. losing their lives to the unpredictable pacific. we know the sea was rough that day but was it too rough even

for experienced sailors? patti lee is live where she's been talking to friends of the crew and tells us the sailors all understood the risks involved. >> reporter: the family is fighting back to word that the crew may have made errors that led to their death. >> to think that things might have turned out differently. if i were there we all could have come back alive or i could have been number nine or dead number six. >> reporter: mcafee did not race saturday but can't stop thinking about his friend's last moment. >> i can almost visualize it. and just having been there so many times myself, on that boat. >> reporter: the low speed chase is the only boat that did not make it back from the race but at least one dozen boats did drop out. >> we basically turned around because we were afraid that we

were going to damage the sail. >> reporter: tom warren says it's up to the skippers to make that call and says it's pointless to second guess them. >> the only people that really know what happened were the people on the boat and the skipper of the boat. >> reporter: the skipper of the low speed chase cayhill paid to drive the boat on saturday is one of the four missing. but friends of survivor nick moss says he shared details of the crew's ordeal today. >> just imagine being in a barrel in a surf, the boat turned into one of those in a way. >> reporter: ron young and adam mcafee are respected sailors who say their friends understood the risks involved but they embraced them. they say they plan to honor the lives of those lost by racing along the faralong's next year. >> one of the surviving crew members released a statement. long was swept over board but managed to climb on to the island's rocky shore and was

rescued. he says he's devastated by the loss of his crew mates and will quote spend years looking back looking for answers that may never be answered. >> it turns out the sfpd has jurisdiction over the island. even though they're 27 miles off the coast the islands are considered part of the city and county of san francisco. the police department tells ktvu officers have interviewed two of the three survivors from the fatal yacht crash and they plan to speak to the captain next. >> our role is to find out if it was mechanical, if it was nature weather related or if it was human error that caused this tragedy. >> we are told the police investigation is expected to take at least a couple of weeks. we're hearing more tonight from family and friends of victims of the boating accident. cayhill of tiburon was a

professional sailor paid to pilot the yacht. today a friend remembered the husband and father of two. >> he was charming, he was funny. the fact he was irish made everything he said sound like poetry. >> today his mother said he was a tremendous help to her and his friend. our coverage continues on ktvu.com, there you will find a slide show and the latest on the investigation. police say a man was shot during a police investigation. three men jumped out of an suv and tried to rob a man standing on 31st avenue and galindo street. the man resisted and was shot on the leg. he was rushed to highland hospital. police say the robbers took off in a white ford expedition. contra costa sheriff's

investigation are looking for a gunman in north richmond. the shooting happened just after 1:00 this afternoon on the corner of market and fifth. these pictures from news chopper 2, show a number of markers all covering bullet casings. a spokesperson for near by verde university says the school was locked down for a time. he also says that one of the victims may be a parent of a student there. in napa there was intense debate tonight over a monument that would honor local soldiers. a high school student came up with the idea and ktvu's amber lee is live in napa tonight and tell us why that monument was the subject of a meeting this evening that lasted for several hours. amber-- >> reporter: frank the meeting here at napa city hall is taking place right now beyond those double glass doors. it has been emotional, many people spoke out against the city's suggestions on where the veterans memorial should be placed.

this is napa's veteran's memorial park at the intersection of third and main. right now there's a fish sculpture at the busy corner. a high school student came up with the idea to honor those lost in afghanistan and iraq. she spoke at tonight's student council meeting. she says she raised enough money to pay for a monument. the monument will look like this one. >> a community has come out and helped support us, as of today we're close to raising $12,000, i think we're at 11,900. >> reporter: the city has suggested placing the veteran's monument elsewhere in the park. but dozens of veterans at tonight's meeting say the busy corner of third and main is the ideal spot for the tribute. >> this is an opportunity for

napa to step forward and stand tall. behind a young high school senior, or step back and look very small. >> reporter: tonight family and friends tell us they want the monument to replace the fish sculpture and get the attention it deserves. >> i'm proud of him, i'm sorry that he died. but he was over there protecting all of us. >> reporter: just a few minutes ago i checked in on the meeting, the city council has not yet taken a vote on the matter. reporting live in napa, amber lee, ktvu channel 2 news. now to hayward where nurses took to the streets this afternoon to protest the upcoming closure of the inpatient pediatric facility. the entire facility is

scheduled to close in 2013 and a replacement facility will be opened. patient. >> derek: have to drive to santa clara or oakland for services. they say those families will suffer. >> i think it's absolutely terrible for them. i think that we have many patients who have repeated missions, they know the staff. >> within the oakland medical center, will be a state of the art children's hospital. we will consolidate inpatient pediatrics to that hospital because it allows for all of the specialists. >> kaiser officials also say the san leandro department will offer pediatric care. this year's tax deadline is just hours away. but thanks to e filing, mailing

off the tax is almost all but done. >> reporter: taxpayers did not even have to get out of their car to drop off their forms. he says waiting to the last minute wasn't about holding off to the money. >> it's the fact that i didn't have the money. it got to the last minute to get the money to pay because she owed $2,100. >> tax preparer alysson einbinder says there was no rush today. >> because emancipation day is celebrated in washington, d.c. it's a holiday so they just allowed one extra day. >> reporter: jesse weller from the irs says even if taxpayers are filing for an extension they still need to estimate and pay what they owe. >> it is an extension of

getting the return filed late without a penalty but it is not an extension of time to pay. >> there were a number of taxpayer protests today. this one protesting the use of tax dollars to pay for war and this one in front of the oakland main postoffice where postal workers spoke out about cuts. >> the postmaster general had decided to close over 3,700 postoffices nationwide which will affect 2,000 plus employees. >> this branch of the postoffice closed. but the san francisco airport station is opened until midnight. in oakland, christien kafton, ktvu channel 2 news. as some people rushed to file their taxes some in san francisco are actually demanding to pay more in taxes. coming up in 22 minutes, the unusual rally that was held today. lawmakers in sacramento defeated a bill aimed at preventing teachers from dating students even if the student is

18. the law would have forbidden any teacher from having a relationship with students. teachers that broke the law would have lost their pension even if the student was 18 years old. council members who defeated the bill said the bill needed more work. meanwhile powers says she is back tomorrow with her former high school teacher. the relationship with james hooker prompted a modesto lawmaker to introduce that bill. hooker is now out on bail after he was arrested recently on charges of having sex with a 17- year-old student back in 1998. the subject of where you can buy a gun was a hot topic at an east bay city council meeting tonight. we'll tell you what the city council decided in a live report. divers again take to the water in the search for sierra lamar. the area they concentrated on

today and what

new at 10:00, man who wants to sell guns out of his home in contra costa county sparked a debate over first amendment rights. the city council has a special request for those attending tonight's meeting, ken. >> reporter: julie, you start talking about guns and people

start to get a little passionate. so tonight city officials put these signs on the outside doors of the city council chambers tonight reminding people that firearms are not allowed in the building. the pinol city council listened to arguments for and against allowing gun dealers to be able to sell out of their homes. standing firmly against the idea, pinol's police chief who said his stance has nothing to do with the second amendment. >> i believe that it is counter productive to us trying to maintain a safe community in pinol if we allow firearm sales to occur in neighborhoods. >> reporter: pinol is considering allowing -- pinol also wants to keep gun sales at least 200 yards from school. >> i have my range finder, it is 233 yards from where the proposed site would be to a grammar school field, where i

actually have two grandsons going to school there now. >> we have stood here week after week and listened to the priorities of this community, public safety is number one. by allowing residential gun sales you are -- >> it's not the guns, the guns have never been a problem. it's the insane and crazy people and the people that are going to hurt people no matter if it's with a gun, a knife, a club. >> reporter: about 45 minutes ago the pinol city council voted to ban gun sales at residential neighborhoods. you can still buy a gun in the city of pinol but you can only do that in a commercial area such as a place where there's a big five. live in pinol, ken wayne, ktvu channel 2 news.

we are learning more tonight about a stand off that ended in gunfire. the stand off started when ferrario shot and killed a sheriff deputy and lock smith who had arrived to evict him. ferrario was armed with 500 rounds of ammunition and a police scanner. he was also wearing a gas mask and bullet-proof vest. jessica young left san helena hospital around two o -- 2:00 this afternoon. she may be acting inappropriately and may appear to be delusional. she is 5'9", 120 pounds, red

hair and blue eyes. the morgan hill teenager disappeared on her way to school on march 16th. invest investigators believe she was kidnapped. many residents who live near an rv park say they are concerned. >> praying that they don't find anybody here on the property. i know the family wants closure, but we want closure that she's alive some where. >> investigators say they've received results from sierra's cell phone and clothing found. an alert tonight from the mount diablo school district after a man reportedly tried to lure a seventh grade student into a van as she was walking to el dorado middle school. the incident happened yesterday

morning near wilson lane several blocks from the school. the man pursued the girl. the girl refuseed the ride and went to a safe spot where she called a parent to pick her up. the school district describes the man as bald, heavy set with a black mustache or gold tea. this is - - goatee. the school says this is the second incident. teachers rallied before classes began this morning and did not walk off their job. last month teachers rejected school district's contract offer even if it included a 1- 1/2% pay raise. university of california campuses will see a big

increase in out of state students this fall. about 23% of the freshman class come from other states or abroad. the out of staters pay substantially higher tuition about three times more than california residents. a uc admission official says that's because it's not getting enough money from the state. for a second day a house committee grilled members at the general's service add administrators over the spending of tax dollars. >> reporter: videos and still pictures of a gsa western region conference in las vegas have ignited a fire storm on capitol hill. >> there are criminal issues at hand here. >> sir i must tell you that i think you played a major role and i'm sure we will get to the bottom of it. >> reporter: the conference in 2010 cost more than $800,000 all taxpayer money. during today's testimony, nine other trips to vegas were outlined before the trip that

sparked the outrage. jeff neely who pleaded his fifth amendment right did not show for today's conference. >> the only way we will get to see him is on a video in a hot tub. >> reporter: neely is on leave with at least five others. the organization head and five others were fired. >> how can you blame all of this on mr. neely when you were the one that approved all this. >> reporter: blame could be key, the scandal republicans argue is a glaring view at greed. >> the president believes very strongly that we need to be careful stewarts of taxpayer dollars. >> reporter: there was another trip to the south pacific for seven days. many of the attendees included

family and friends. craig boswell. a little bit of coastal fog this afternoon. these were the recorded highs for today for your tuesday. you can see it up there 73 in antioch. a little cooler in some places a tad warmer in others. as we head into your wednesday, the coastal fog kind of hangs around. but these temperatures are going to come up. there's going to be less high clouds in the afternoon. so warmer day tomorrow. patchy fog to start off especially in san rafael and south of the golden gate bridge. as you go into the afternoon mostly sunny. everyone at the beach i think we will see some clearing. temperatures tomorrow are going to make it easily into the 70s. warmer still on your friday. ceremonies marked the completion of improvements at crystal springs. it's all part of a $4.6 million

seismic upgrade to hopefully guarantee t fresh water in san francisco and san mateo county after the next big earthquake. the entire project is expected to be completed in 2016 and eventually the average water bill for users is expected to triple. the advertisement by this adult club is causing major controversy. we also found out it's breaking the law. and

laces? really? slip-on's the way to go. more people do that, security would be like -- there's no charge for the bag. thanks. i know a quiet little place where we can get some work done. there's a three-prong plug. i have club passes. [ male announcer ] get the mileage card with special perks on united, like a free checked bag, united club passes, and priority boarding. thanks. ♪ okay. what's your secret? [ male announcer ] the united mileageplus explorer card. get it and you're in.

a drama played off for hours today in san diego county as rescuers tried to free that grey whale entangled in a fishing line. we showed you live coverage during our 5:00 and 6:00 newscast.

the rescuers got some of the line untangled before it was too dark to continue. this is the third time in a month that a gray whale in that area has gotten tied up in a fishing line. a truck is becoming all kind of controversy because of what's pictured on it and where it's often parked. >> reporter: san francisco supervisor eric marr says he's had enough. >> me and my constituents are tired of this and we just want it out. >> in the neighborhood where there's school kids, you know five, 10 you know kids. it's really wrong. >> it has pictures of women and

a stripper pole in it. >> it's not like the kids are going to be like, that's a good idea. let's go to the hustler club. >> reporter: his problem with the truck is its lack of safety for the dancers. the vehicle is always outside the adult club where he works on the weekend. he goes on to say the club should have expected this kind of controversy. >> what kind of idiot do you have to be to park the thing in the first place. >> reporter: he's working with police to make sure it doesn't happen again. >> there's already a law that prevents commercial advertising on vehicles kind of in driving down the street or parked kind of in a street or in a neighborhood. >> reporter: supervisor marr says police have already cited the truck and is looking for other infractions. as for people here at the hustler club, they do not care

to comment. a bill to approve medical marijuana was approved. the bill by tom amiato looks to clear up confusion for medical marijuana patients. the bill goes next to the appropriations committee. turning now to the presidential campaign. house speaker john boehner threw his support toward mitt romney. >> i think mitt romney can put americans back to work and frankly, contrast sharply with the failed economic policies of president obama. >> boehner did not endorse any of the candidates earlier.

new at 10:00, facebook has moved into its new menlo park office whether neighbors like it or not. robert handa is here to tell us what facebook will give its neighbors to make the deal more appealing. >> reporter: facebook is already here at itself new headquarters. 3,000 people work in this campus, but menlo park have yet to adopt and come to an agreement. the major says the agreement is good. >> the over all benefit is that

we have an amazing company in menlo park that most cities would love to have in their town. >> reporter: among the laundry list of terms, facebook will make annual payments to menlo park in lieu of sales tax the company doesn't generate. from $800,000 to $1 million annually. facebook will make a one time payment of $1.1 million for capital improvement projects. facebook will create a local community fund with half a million dollars contribution. the company will cap a number of vehicle trips to its campus to 15,000 a day. and will build a $1 million pedestrian bridge. >> i think they are more than fair. they're giving us millions for every year i don't know for how many years but i know it's something like 14.6 million. >> the issue is more about cars, the vehicle trip caps that they placed on the campus instead of the people cap on

the campus i think is a good way to go. >> reporter: the closest to the campus is bell haven. >> i think they shouldn't have passed the agreement, i think they should have gotten more opinions from bell haven. >> reporter: there's a few more meetings before the city council takes final action in june. facebook has to have 7,000 workers here in menlo park. lloyd lacuesta, ktvu channel 2 news. we have a new development now on a story we brought you earlier in this newscast just moments ago the napa city council voted 3-two to allow a statute honoring local war veterans to be placed at the corner of third and main at napa's veteran's park. a teenage girl came up with the idea and raised the money for the project. the new statute will replace a

large fish sculpture that is currently in that position. >> reporter: apple stock closed at a record high of $636 a share on april 9th. yesterday it was off $56 from that high finishing at $580. today it shot back up almost $30 to close at $609.70. the broader markets saw their biggest gains in a month. the dow finished the day up 194 points closing at 13,115. nasdaq was up 54 points closing at 3,402. new calls from lawmakers and watchdog groups for congressional hears and a new investigation into whether google broke laws when it collected personal information from unprotected wireless networks. google concede that it collected possible information

as pass words and personal e- mails. however google says the data collection was inadvertent. last friday the fcc said it would fine google $25,000 for obstructing its investigation but it could not find enough evidence to prove that the company had actually broken any laws. it's not often you hear anyone asking to pay more taxes, so when they do it's news. members of the so called tax excess group are business professionals. they say they are the 5 percenters and that taxes should be progressive as they were during the clinton administration. >> we have been fortunate and i think it's time to give something back. i think it's time to let the temporary bush tax lapse. >> reporter: they insist the country's deficit will never be solved by cuts alone that revenue needs to be increased. and they say if they have to pay more taxes they are fine

with that. one of the world's most richest men billionaire warren buffet released he has been diagnosed with early state prostate cancer. he notified shareholders about his diagnosis and says his condition is not threatening. the 89-year-old buffet is undergoing radiation treatment. shares dropped slightly after word of his cancer. in san francisco, munni is enbanking on a new plan to make public transit free of charge for low income use ages 5 to 15. david stevenson reports, the agency stopped short of giving all people a free ride. >> reporter: san francisco's municipal transportation board voted to give low income kids a muni pass. >> you're going to fill out a form saying i'm low income, i

want to qualify for a free munni past pass for this 21 month period and that's the extend of it. >> reporter: nummi may use the school lunch plan. making nummi free to all kids would require $6.6 million of cuts including maintenance. >> great idea, i appreciate you guys putting the time for this issue. but to take the money from maintenance is unacceptable. >> reporter: the program comes as the nta tries to close a projected two year, $53 million budget gap. they've cut 40 routs a day to avoid bringing drivers in on over time. they've added meter parking on sundays. >> it's just a slap in the face. now on sunday when our people are in service trying to worship god that they have to

rush out and go feed the marking meters. >> reporter: the mta board says it'll look at ways to implement free nummi for all kids in the future. david stevenson. >> lgbt seniors are less likely to have adult children to help care for them. lgbt seniors are more likely to be aging with hiv. >> senior leaders are hearing about discrimination that makes lgbt people feel they need to go back in the closet. that number is expected to double over the next 18 years. well a farewell tour like none other. how and where the space shuttle discovery made its final flight. and back here in just 10

minutes, a lot of coastal fog right now, we'll show you where it's going to be in the morning and how long it'll stick around. also we take when i grow up, i want to be a psychologist

or a therapist. i want to be a pediatrician. i was hoping to become a chef someday. i want to study law. i don't want to become a lawyer, i want to become a cia agent. young people i think, do need a mentor because you know, we don't know everything and you know all

the people they've experienced stuff that we haven't. i would like to be a baseball player. as long as there's somebody behind you, pushing you, and supporting you, then you feel that you always have the strength to keep going. each of our children has hopes and dreams for their future. help them get there. become a mentor. riding on top of a 747, the space shuttle discovery took its final flight today and it was a dramatic journey. the 747 flew to washington, d.c. where discovery will be housed at the smitsonian museum. everyone in washington got a chance to see the shuttle as it made three low and slow passes over the nation's capital. nasa retired the shuttle fleet last summer after 30 years of

service. president obama wants to beef up reglations to penalize people and regulate manipulation. the president wants to increase penalties of regulation. republicans argue that there's already agency that is do that and they don't need more. first solar of arizona says it will cut 2,000 jobs and close plants in germany and malasia. the company is facing tough

competition. first solar chairman says the market has changed and the company must adjust. an anchor held his ground an earthquake hit. a 72-year-old man died of a heart attack. >> reporter: assange said he expects criticism for having guests considered radicals. in mexico, officials increased alerts for people who

live near a volcano. a red alert could force evacuations. an artist could be lending her talents to a film about oscar grant. octavia spencer may be playing oscar grant's mother. the film will cover grant's final hours before a b.a.r.t. police officer shot and killed him at the fruit vale bart station back in 2009. there's word that filming cobegin in july. i'm glad they're gone, i'm glad they're gone. an update to a story that's only on two. what happened to

only on 2, an update to a story we first brought you last friday. a neighborhood outraged by squatters occupying a foreclosed home in antioch. tonight those squatters are gone but the mess they left behind is startling. ken pritchett was allowed inside the home to get a look. >> reporter: piles of trash outside a home, once had been inside in this home that neighbors say had been occupied by squatters for a year. >> i'm glad they're gone. >> reporter: neighbors called police but had no luck. >> these people are animals, they steal for a living. they steal a house to live in for free, they steal utilities. they steal from around the neighborhood. >> reporter: pierson says it was only after ktvu reported this story on friday when our news crew was confronted by a pit bull and a man in a hockey mask that the squatters packed up and left. that was yesterday. >> this is what they've left blind.

some couches, just odds and end junk. >> reporter: able says they've been trying to evict the squatters and the media attention sped up the process. shards of glass used as decoration, the garage door was smashed. what they didn't want they left behind. we've seen the junk throughout the house and the huge pile of junk outside here next to the driveway. but there's more to this pile than midst the eyes. believe it or not buried under here some where is a toyota. we're told five people lived here including children. there's a report card on the fridge. >> this is one of the worse ones that i've come across so far. >> reporter: and the now relieved neighbors would agree. in antioch, ken pritchett. several silican valley tech giants are under fire to creating a cloud of pollution.

green peace says in a race to deliver cloud commuting which allowing users to save files wirelessly, some companies are polluting. and welcome back, we've got a little bit of fog along the coast. a very spring like weather pattern. let's go out toward the delta 53 in concord right now. the winds are blowing something like this right here in that direction sort of west- southwesterly. these are the highs from today, highs tomorrow are going to come up a few more degrees. so we're going to see a nice little pattern. ending in the mid-80s as we get

down the road later into the week. overnight lows tonight will be in the 40s, mid-40s and upper 40s. less cloud cover tonight so it'll be a little bit more chilly as we head out to work and school this morning. this morning was mild, a little cooler tomorrow morning. mostly sunny for your wednesday. weather system heading north. that's because the days are getting longer and the jet stream gets pushed to the north. just pushes the stream. temperatures begin to increase, thursday, friday and saturday. we could see more 90s. some of the warmest spots of the bay down toward monterey and san benito county. the clouds clear out, that's tomorrow morning, wednesday morning not bad. there will be a little patchy fog, i think the model is missing out on that. but less cloud cover tomorrow than we had today and plenty of

sunshine tomorrow afternoon. that gets you highs that will go into the mid-70s in some places. so forecast high in fairfield, 74, 76 in brentwood. into the mid-80s and close to that and easily mid-80s. we'll watch it for you with your bay area weekend in view. no rain to talk about just plenty of sunshine and temperatures i guess what you would expect, maybe a little above average for this time of year. >> those 80s are going to feel great. >> it's going to be a good week. it wasn't the biggest solar fair but it was pretty spectacular. nasa released pictures of a solar flare that happened yesterday. it was directed away from the earth it's not expected to interfere with the earth eke magnetic field as other flares have in the past. san francisco's outside lands music festival announced

this year's line up today. as you can see from this promotional video, the three day concert will feature stevie wonder, metallica and neil young. tickets go on sale this thursday. also included in the line up, jack white,

the rapper dr. dre is disputing reports he plans to go on tour with a hologram of the late tupac shakur. people attending the coachilla concert were amazed when the artist appeared on stage. tupac was shot to death in 1996. >> that's just remarkable. looks like he's right there. last night we were talking about how all the local teams lost, tonight pretty much the opposite. >> we need a little turn around. a big 180. we will start with the giants,

the biggest long term investment looking good, that would be baumgartner and casilla nailing it tonight. just good enough to get the win. and cabrera down into the right field corner. by the time they come up with that thing it's a triple and an rbi as angel pegan comes in to score. 2-1 san francisco, 4-3 giants in the ninth. casilla in the new closer gets help by crawford at first. beautiful play to end it and the giants everyone up the series at a game a piece with the phillies just in case you're looking for a convincing reasons to continue watching

the a's. you already know about cespedes. how about the other offseason acquisition? quietly doing it all tonight. that would be reddick. watch him gun down albert pujols from right field on a beautiful throw at third. four runs for the a's. a bullet to right, that's a ground rule double knocks in the go ahead run. redick at the plate. three hits tonight. and the rally capped by cespedes with a shot to left. two runs are going to score on that and the a's would need them as it turns out a 5-3 final. fuentes the victory. and common sense would tell you the sharks may have met their match with the blues of st. louis after all they have lost six of seven this year for various reasons. but most glaring, terrible penalty killing on the part of the sharks and their top line

completely shut down. thornton, marleu,pavelski where are you? you have to light it up. >> win a few face offs. >> pat had a couple of cracks at it. they'll score here. >> all right meantime it is of course a thursday night for the sharks. and here's a dollar sign of the times, all five starters for the national championship college basketball team announced today they are going to go pro. that would be three freshmen and two sophomores. >> the entire team. >> yeah, and that's not everyone a junior or senior