ben's a re/max agent, and he's a big part of this community. there are lots of reasons why re/max agents average more sales than other agents. experience, certainly. but maybe it's also because they care about the markets they serve and the neighbors who rely on them. nobody sells more real estate than re/max. visit remax.com today.

good morning. thanks for joining us. i'm carolyn tyler. plans the are getting under way to get a man that shot a police officer back to the bay area to face charges. andrew barrientos was arrested a few feet from the mexican border. he was captured about 15 feet from the border crossing. amy hollyfield has the latest from the oakland police department. >> 20-year-old andrew barrientos and an accomplice was at a parking lot at the last u.s. exit when a san diego police spotted the car. >> they identified himself as being the suspect in the shooting of the officer in oakland. he was armed. he had a pistol that was loaded in his waistband. both the driver and suspect

surrendered peaceably. >> police all over the state were looking for the known gang member. >> we had the border patrol and san diego police department shot the border down because we shot that he was headed in that direction. >> several police agencies gathered the information after serving several search warrants in union city. police arrested a female friend during the search. >> as a result of the warrants, one person was arrested for aiding and abetting. >> they also arrested the man that was driving toward the border. it allowed the team to take a break from the case and check in on fremont police officer todd young who is still in the hospital. one officer brought in coffee. >> we have been working around the clock to find the suspect that did this. now he is in custody so we had a

first chance to let our hair down. >> the officer was shot twice by andrew barrientos while trying to serve a search warrant. >> the family has been dealing with this. he has young children. his parents are there, brother. it's been very difficult for them him. >> the officer's wife has been by his side and keeping a positive attitude about her husband's health. he has had surgery once and probably have to go through it a couple more times. a doctor at high land hospital says the officer has lost a significant amount of blood and has extreme injuries and it's really touch and go. you can help by donating blood. there are five red crosss that is accepting donations. san francisco police are

looking for three or four suspects who shot it out last night with two plain clothes ors. no one was injured at the shooting at a hunters point housing project. they say the suspects had earlier exchanged gunfire with another group of people and they shot again at police. no one was hurt. three people were detained and questioned but no arrests have been made. investigators are asking witnesses to come forward. san francisco fire investigators are looking into the cause of a massive fire that injured two people this morning in the tenderloin. dispatchers say the fire was contained to one unit inside trinity towers apartment. the fire broke out on the seventh floor just before 5:30 this morning, one person was taken to a local hospital with injuries. a second person injured but no further details have been released. that fire was contained in about 20 minutes.

the area has in our been cordoned off for investigation. water conditions look favorably this morning for firefighters balloting fast-moving fire in the sierra. the flames have burned 850 or rather 900 acres in the tahoe national forest in yuba county where this morning's forecast calls for a slight chance of rain with light winds. yesterday governor swarzenegger declared a state of emergency in the area. about 40 homes are threatened. almost 900 firefighters are on the lines working that rugged terrain trying to keep the fire from advancing. they are clearing brush, shrubs and setting back fires. >> you smother it and remove the oxygen what we did is take the fuel away. >> the fire is 20% contained.

the governor's state of emergency clears wait for equipment all over the state to be sent to yuba county. >> fairfax the first city to allow medical marijuana shop is now considering a six-month moratorium on new pot dispensaries. since the opening, medical marijuana in 1997, potted clubs have proliferated all over the state. according to this morning's marin independent journal, they want to wait to see what voters say in november before allowing any new ones to open. that is when voters will decide proposition 19 which will wlour the recreational use of pot statewide. president obama is wrapping up his vacation on martha's inyard heading to new orleans where he'll help observe the fifth anniversary of hurricane katrina.

now a new perspective. >> in st. bernard parish, residents say goodbye to hurricane katrina and good riddens to grieve. >> i'm ready to move on. >> nearly everyone here felt the sting of katrina. they staged a mock funeral to let the community let go. >> today was the first time when the casket was closed that there wasn't applause. >> sharon williams of new orleans is ready to move on, too. >> now -- >> she moved into her new home this weekend, exactly half a decade after she fled the city. ♪ >> out on the street, there was a block party, first one in five years. >> the party goes on.

>> the block -- a photographer has captured the recovery, capturing the determination and since of community that has led to the revival. the neighbors returned to new orleans together two years after the storm and linda on each other for support. >> i wouldn't have been here without the community. >> katrina five years ago today. that was bob woodruff reporting. up next, glenn beck makes his controversial appearance in washington urging his followers to take action. a counter demonstration is held not far away. >> also, the concerns over whooping cough in crowded classrooms. a school's petition "know the species, know the stain." lanolin-free coat, i know it's an alpaca. walks in here, looks says "hey look, it's a llama!" cleaning the stain like he would a llama stain. time he's wasting. ♪ call 1-800-steemer b!kckkkkkkú

the controversy continues this morning over yesterday's washington rally by conservative talk show host glenn beck. they dubbed it restore traditional american values and it did bring it on thousands of supporters but it's drawing criticism from civil rights leaders because the event was held on lincoln memorial 47 years to the day that martin luther king delivered his i have

a dream speech. dan noyes has move. >> we as individuals must can good for america so america can be great. >> this event is billed as non-political as a way to honor american troops but many conservatives believe it shows a clear signal because many voters feel washington is out of touch with everyday americans. >> this may be the change point. look around you. you are not alone. you are americans. >> many civil rights leaders thousands of the crowd hijacked the legacy of martin luther king when holding the rally when and where they did. >> reverend al sharpton led a counter demonstration at a nearby high school. >> later they told me that others are going to be at the mall.

they're going to be standing where dr. king stood. well, they may have the mall, but we have the message. >> over these grounds where we are so honored to stand today, we feel the spirits of dr. martin luther king, jr. >> others felt the call to prayer and renewal of faith. ♪ >> it remains unclear how many people attended beck's rally. organizers requested a permit for 300,000 people but the national park service has stopped estimating crowds after being accused of under counting the million man march back 1995. >> mexico's largest airline is grounded, it ran out of cash. it hopes to return to business

by restructuring. yesterday at u.s. airports were scram scrambling trying to catch flights. >> the airline is not putting up for hotels or food so it's been a long day. >> mexicana says it was badly hit by the swine flu last year and they also point to the soaring cost of jet fuel. if you still have a ticket you are being directed to mexicana's website. come here, we have beautiful weather in store. >> the sun is out downtown and across in oakland, that weak disturbance, we head outside from the roof camera, you see clouds out over the bay but we're going to see a sunny and warmer day today. >> also ahead, alex smith

battles a game. >> and mike shumann has all your highlights coming up in sports. @ we're headed up to oregon to visit my parents. the riveras are taking their first family vacation. [ dad ] hey, do you guys want to see the largest artichoke ever grown? [ kids ] artichoke! artichoke! they needed some tools to help them keep track of their spending along the way.

wells fargo checking with mobile banking lets them check their balance wherever they happen to be. the widest one or the tallest one? the closest. the closest. well, if you got the 4-wheel drive, you could go down this road here. [ mom ] i think we're lost. [ dad ] it's ok. we'll find some other big vegetable. [ male announcer ] wells fargo. with you when life is mobile. ♪

>> closed captioning brought to you by mancini sleepworld.

today santa clara county health officials are holding a free whooping cough clinic. with kids going back to school they are responding to an explosion of cases. there have been more than 3,000 this year. that is up from fewer than 500 cases in 2009. why schools are so concerned and why more parents should be. >> when julie heard about california's whooping cough epidemic, she immediately thought about her four-year-old daughter ashley and other two children in elementary school. >> so i called my pediatrician and made sure all my kids were covered because i didn't want anyone of them coming home and getting something. >> school districts are on alert on strains of a highly contagious strain of whooping cough. notices from the public health department went out to all

school employees and will be available to parents in three languages, english, spanish and vietnamese. children that show signs will be asked to go to the doctor. >> if confirmed we're going to a set of antibiotics. they will not be allowed back in school until the antibiotics are finished. >> as of last week. the california department of public health had recorded more than 3,000 confirmed or suspected cases of whooping cough. that is more than 7 times the number of cases from all of last year. there have been 8 deaths including seven infants. a doctor is add good samaritan hospital who had his booster shot two months ago. he thinks unscientific fears linking vaccines to autism is to blame. >> if you have a large number of people vaccinated then you have

compromised immunity and now the disease can spread. >> and they are holding a whooping cough clinic sunday. for the times and location go to our website and click see it on tv. so kids are going back to school having to get all kinds of shots. as far as the weather is concerned, you always say when school starts, the temperatures rise. >> some schools last week, they have opened up and more schools are starting this next week. it all works out. it will be short-lived. as we head outside. we're getting some sunshine in oakland. really the clouds got thinner this morning because the layer not really well-defined upon an exiting trough that broad winds

and few sprinkles. we do have warmer air working its way and responding to the sun. antioch, 60. 61 in oakland. santa rosa and fremont, mid-50s but sunny morning for you in san jose and sunnyvale, temperatures coming up 3-4 degrees. couple storms in the atlantic, this is hurricane danielle, it's category one. it moved off to the northeast at 26 miles an hour into cooler water. this is earl, became a hurricane. winds at 75 miles an hour and it's moving into warmer water, westward at 17. and it will be along the atlantic coast, hire waves to the eastern seaboard. a little warmer today but the big warmup or more significant starts tomorrow with an offshore

flow. today in between systems, warmer days for most of next week. here the visible picture of the clouds. it's thinning out but north bay you have stubborn clouds and clouds around the shoreline. if you are heading to the beaches, it's not quite a beach day yet but a warming in the east bay valleys, santa clara valley. by the time we get to tomorrow, more winds will take over and we'll see a bigger warmup. 60s and 70s and go out to the sacramento to get some 80s. another day with temperatures below the average. reason why area of low pressure that deep trough that brought all the wind is right now over the sierra, nevada. few areas of light sprinkles. they could see snow at 89500 feet and temperatures there are

only 55 degrees. fresno, we have cooled down significantly all around the state. 72 in santa clara. look for 71 in cupertino. still breezy winds on the peninsula, 66 in as many. san francisco coming up about 4 degrees, 64. petaluma and wine country, still cool, 72 degrees. oakland at 68 and inland valleys mid to upper 70s and sunshine in the monterey bay. >> as the system exits steadily warming temperatures. warmest looks likes thursday and then after that we will cool down again for next weekend. >> and the winds will remain a factor? >> it's kind the way it has been. definitely by the coast and some of those exposed areas, it

should be breezy. >> let's go to sports. niners have finally signed nose tackle franklin to a one year $7 million deal. they exercised the franchise tag on him. he will suit up on thursday and final pre-season game is against san diego. niners and raiders met in oakland for the pre-season version of the battle of the bay. slu has the highlights in this morning's sports. >> good morning. 49ers and raiders faced off at the coliseum. it gives you that regular season feel as a result of this cross town rivalry. raiders opening drive, first down, 46 yards. finally starred to look like a first rounder. michael brooks from one yard out 89-yard drive and 7-0 raiders.

frank gore had two rushes, one of them was right here. rushing deep and still struggling but they not with convert. second quarter, philip adams, back to field the punt. seventh round pick, she gone. an 83-yard return and 10-7. raiders on the ensuing possession, travis beats henderson around the left edge and nearly takes campbell's head off. he would leave the game with a stinger. alex smith scrambles, finds josh morgan, 1 they are up 19-7. a dart to lewis murphy, 74 yards to pay dirt. niners prevail in this one, 28-24. >> in the heat of the battle,

thank god. i don't think it's going to be really serious but it's something we have to take care of before the season starts. >> we're very fortunate to come out with a win. our guys know that. i thought we played hard. we did not play very smart. >> if you are a contender you can't lose two out of three to the second to the worst team in the league. giants did that with arizona. here is a backhand. that is how you do it but this is not how you do it. jose, flat out drop. a lazy fly ball, two runs score. zito takes the loss falling to 8-10. mark reynolds with a three-run bomb. zito gave up nine runs and giants fall a game and a half

back on the wildcard with a loss. >> 1-0 oakland and a shot to right and second homer. seventh of the year, 3-0 a's. then in the seventh, he rips than route gap. barton will score. it's 5-0 and that was more than enough for dallas. he goes the distance. his second career shutout and a's are five in back with a victory. we'll see you tonight at 5:00. have a great day. >> and up next at 9:30. >> once again the obama administration says no to california. the state needs money for education. >> and why u.s. education secretary says poor testing in the country's school systems could be a path to

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.

welcome back. the destination's education secretary says today's crisis in america's classrooms will lead to economic crisis to the country in the future. he said on this week, he fears america k through 12 students are so far behind their counters parts in other countries, they won't be able to compete in the

global economy. obama administration plan calls for schools to use student achievement scores to evaluate teachers, something strongly opposed by the unions. >> in this country we have a 25% dropout rate, that is 1.2 million students leaving to the streets every year. that is economically unsustainable. we have to get it to zero and we need to increase education rates and make sure that every single is student that graduates from high school is college ready. >> teachers want students need. they want the person next door to do a good job but they know we need more. >> should teachers be paid based on the quality of their work. 72% of public school parents say yes while 28% should be paid on a standard scale. >> california has lost out on another round of education

dollars in the race to the top competition. it would have brought in millions and millions of grant money for school reform. finger point is underway. now the story from sacramento. >> california second round application for the controversial race to the top school reform grant received more than 3443 points, ranking 16th out of 19. that is 17 points below ohio the lowest scoring state. education leaders say the $700 million that california was eligible for could have paid for major changes. things like tying evaluations to the test scores. firing staff at low performing schools and allowing failing campuses to convert to charter schools. >> it means the reforms that are contained in the application, it will be more difficult and slower to obtain. >> some partly blame the

teachers union for california falling short. while more than 300 school districts promising to implement the reforms, evaluators noted that neither of the state's two major teachers unions have done so. >> i think had there been a greater support from teachers union, the leadership and rank and file of the teachers, we would have passed that line. >> the teachers union don't dispute that california could have gotten a higher score if they had thrown in their support but they say they were not consulted in the changes. >> we didn't get asked to participate in the direction that california was going. >> the secretary of education has asked for more than a billion dollars in next year's federal budget.

>> this morning, contra costa county sheriff's office has been searching for an 84-year-old man that has been missing since yesterday afternoon. he suffers from alzheimer's disease. after a search yesterday the sheriff's department was unable to find him. he was wearing a black leather jacket over a blue and white striped shirts, brown loafers. if you have seen him, you are urged to contact the contra costa county sheriff's department. >> trash collect it's say they have finished picking up all that garbage during a two-day strike. 300 trash collectors, they walked off the jock on wednesday and thursday in support of a walkout by a dozen landfill workers. little or no garbage was collected at thousands of homes

and businesses. it came just as we were getting all that hot weather. can you imagine? >> no, i can't, but we are looking at slightly warmer weather. right now, if you head outside, you can see that the clouds thinning out over the east bay. we have 60s around the bay and even warmer weather. that is to come. >> also ahead the cleanup of one >> also ahead the cleanup of one of most polluted places on >> also ahead the cleanup of one of most polluted places on 2 coffees for my brother and me please. thanks. got it. ["dueling banjos" up and under] hold this. getting cash back on your debit card changes everything. got it. introducing the chase realcash debit card. got it. up to 3% cash back on things you buy every day, automatically. got it! [cell phone rings] excuse me. got it. the new chase realcash debit card.

this isn't over. chase what matters.

body rested. stress gone. mind sharp. because unisom gave you deep restful sleep all night. morning early birds. unisom. good night. good morning. welcome back. thanks for spending part of your sunday with us. we enjoy the company.

this is looking at tahoe. isn't that a lovely postcard picture there? there is a chance of showers, slight chance. 55 degrees. weather is on the cool side, wouldn't you say, lisa? >> and a little too soon to think about snow. it's been that kind of season, spring and not fall yet, but we do have a cool day on tap today. outside we are looking at nice shot are mount temperature where temperatures have climbed into the 60s and wind is much less today. right now than they were yesterday but although they are going to pick up again in the afternoon. a lot of sunshine in the north bay. temperatures are very comfortable with not too cool conditions. we're in the upper 50s, menlo park, 58 in concord and looking a lot of sunshine around the bay. 62 sunnyvale. we will have low clouds and

information again today. in the tropics, the atlantic, two hurricanes, one is weakening, that is danielle and moving to the northeast quickly at 26 miles an hour. it moves into cooler water and probably be absorbed into the westerlies here but hurricane earl became a hurricane earlier. it's moving from the west at 17. warmer waters and slows down a bit. partly cloudy overall this morning, a degree or two warmer today. more significant warmup comes our way at some time tuesday and wednesday. warmest day will be thursday. we will be looking at a cooldown by next week. clearing around mount tam and palo alto and mountain saw and san jose and east bay. so the fog once again will be stacked up along the shoreline.

with this intact you know it's not going to be that warm today. we're going in the right direction, especially in our east bay valleys, in the south bay, you mere notice the warmup. so the westerly winds getting going again today, keeping the temperatures cool at our coast and in the city. >> in tahoe we talked about the possibility of a few showers, mainly around nevada and western portion of nevada but still remain partly cloudy there. look at the temperatures, 55 in tahoe, it's cool, feeling like fall there with 65 in monterey. cool in southbound california, only 71. low 70s here for campbell and los gatos. three degrees warmer than yesterday. 72 in palo alto. 57 and cool and windy at the coast. san francisco coming in at 64. lots of sunshine in the north bay. sonoma at 73. 75 calistoga.

60s here. 69 castro valley and san leandro. breezy around livermore at 76. 73 in walnut creek. monterey, highs in the mid-60s there. steady warmup, still windy and upper 70s and still below normal. tomorrow and tuesday, gaining three or four degrees all around the bay. warmest day will be thursday. >> i can see that probably just in time for labor day, cold. >> it looks that way. >> this morning, you're going to hear about one of the most toxic places on the planet and it's here. the water that runs from the iron mountain mine is as acidic as your car battery. for years it ran directly in the

sacramento river, the sawyers of drinking water for millions of people. dan ashley takes you inside aaron mountain for the very first time. >> iron mountain mine has been called the beast. a place where the water is so toxic, scientists had to come up with new methods to measure it. this mine was one of the largest copper mine in california. it closed in 1966 and has been off-limits ever since. rich is project manager for iron mountain, for the environmental protection agency. >> it was up until late 1963, the mine changed what it produced but it produced acid for refining industry. >> iron, zinc, copper and cadmium, all occur naturally there. it's exposed to 100 inches that fall each year. undisturbed it won't pose a

problem. >> overflows from a dam built in 1960s to can taken contaminated water jeopardized wildlife below. they have been monitoring the toxic runoff since 1986. >> larges amounts of copper and zinc can kill fish because they actually have to breathe it. >> it discharges a ton of iron and zinc each day. >> so for years i would have to go out every four hours in the rain, midnight, going out, lowering bottles down and taking samples off the bridges. >> they estimate the mine will continue to shed the toxic mess for at least 3,000 years. epa took over operation of the mine in early '80s declaring one of the first toxic superfund

sites. since then they have made strides in cleaning up the messes, including the construction of a treatment facility built in the early '90s. >> we've been able to take 98% of the contaminants that was going into the river. >> it's piped down to a treatment plant and then into a largest storage shed in the nation. here the toxic goo is sent to ponds to dry. at the end of the summer it will be trucked back up in the mountain and contained in a massive area. it is lined to keep the waste from making it back down the mountain. >> we have diverted clean water around the mine. so a lot of water that would have becomes contaminated by the mine doesn't get contaminated anymore. >> in june the epa was able to dredge and remove sediments that had built up downstream from the

mine minimizing the impact. the project was slated four years to cleanup. thanks to funding, they were able to move much faster. >> we were able to condense that down to about 13 months. >> cleanup effort has cost the epa about $100 million. former mine owners have chipped in $150 million for clean up. >> it's loaded with copper, gold and sill skrer and many other elements. >> 89-year-old ted armand bait the meichb. he said he has been battling with the government for years to resume mining operations and make money off his investment. from converting the toxic sludge into fertilizer to place ago 230-foot tall statue of jesus on top of the mountain. >> take iron mountain mine 3,000 acres and making eight garden of

eden. >> they ordered him to pay $57 million for interest for the ongoing cleanup. but regional director says collecting the money seems unlikely. >> he doesn't have the financial wherewithal to meet those obligations. so we have to determine what the outcome will be. don't go away. 7 on your side is next. >> a new law says you are covered on your parents health

navigating today's real estate market is complicated. you've seen the signs. that's why having the right real estate agent is more important than ever. at remax.com, you can find experts in short sales or bank-owned properties or commercial real estate, agents who can help speed up the process, no matter how intricate. and that's good news, whether you're trying to sell or hoping to buy. because the only sign you really want to see is "sold." nobody sells more real estate than re/max. visit remax.com today.

welcome back everyone. it is august 29 and it's 9:49. thank you for spending part of the sunday morning with us. this is a live look from tam cam showing you -- is that fog or clouds? fog which will burn off a little later on today. lisa will be ahead and having the full forecast coming up. >> you know if you are recent college grad the economy may be holding you back from starting a career. there is another than, health care insurance. it allows parents to cover their children on their plans until 26 but there is some hitches with that. here is michael finney. >> it was a joyful day when

renee graduated from u.c. santa cruz but that joy was replaced by worry. >> absolutely terrifying. it's hard to find a job and not have insurance. >> retnee and millions face a double whammy. there is scarce jobs and family is no longer covered under their parents' health insurance. >> graduating and trying to find a full-time job but you are not covered on the insurance. >> but it won't be an either or proposition. health care reform bill mandates health plans offering dependents to continue covering children until they reach 26 years of age. that is big relief to her dad. >> it was like we hit the lottery. >> i was so excited. my dad called me and said, i

happy birthday you have insurance until you are 26. >> however, the euphoria didn't last. here is what happened. antonio received a letter from the insurance carrier, blue shield, it said good nice because of new law, she would be covered for three more years. however, two weeks later, he received a second letter saying it was all a big mistake. >> oh, just kidding, you are not covered anymore. >> they made a mistake, she did not have coverage. >> two conflicting letters and he couldn't get answers. what about the new law. renee is only 23. >> i called michael finney and top of stuff. >> we checked it out and it comes with new complications. provision on older child coverage doesn't take effect in until september 23rd and even

then sthoorers don't have to cover the older children until the next time the health plan renews. however, there is another twist. to avoid gaps in coverage, major health insurers agreed to start covering adult children right away. that is why renee got the first letter with good news. so-so, why was she dumped? >> we're looking at internal belt tightening and this is one area we're going to follow federal requirements. >> the employer is golden gate transit which is self-insured. blu shield only manages the claim. they won't cover adult children until the next renewal period, that is in july 2011. >> blue shield, it comes back to a bills decision. >> they say covering adult children now would mean renegotiating union contracts and coming up with a quarter

million dollars extra for costs. so renee will canvass for coverage under late but there is a gap to fill between now and then. >> just give meet answer so other people can understand what is going on. you guys are fantastic. >> many insurers are offering coverage right now but there are a lot of conditions. for example, blue shield will only cover children that were on the plan as of june 1st. i posted a link that has a lot of information on all of this. go to our website at www.abc7.com. it is complicated. >> coming up next. a volcano that has been dormant for hundreds of years

presenting the cadillac "summer's best" sales event. a fantastic opportunity to get a great offer on an all new cadillac srx luxury collection crossover... ..with a bose premium sound system. and an ultra-view sunroof designed to let more summer time in. summer brings out the @ñ so now's the perfect time to get behind the wheel of a new cadillac. hurry in for great lease or purchase offers on an all new srx during cadillac's summer's best sales event

going on now at your cadillac dealer.

a volcano that hasn't erupted in 400 years is spilling ash and sand in the sky in northern jakarta. this morning it shot ash about a mile high. up to 10,000 people have been evacuated from the volcano's slopes. so far no major damage as lava has reached the volcano's crater. no one has seen it erupt since 1600. >> let's get a final check of the accu-weather forecast for

folks coming out the streets and say what is going on. >> we've been in this trend for such a long time, pretty much people get the idea. a warmup and cool down and we're on the other side of the warmup. temperatures in the 60s and 70s today. we will warm up just a couple of degrees in the south bay and east bay valleys. winds will be kicking up. here is the interesting part. not only do we warm a couple of degrees each day, warmest days should be wednesday and thursday and warmer, 80s and 90s around the bay and then cooldown for the weekend. >> that is going to do it for us. i'm carolyn tyler. thanks for joining us.