spouting up out of the ground, one of the tallest is sinking down into it. >> there is cracks in the walls in the parking garage and settling on the club level floor. >> in this high priced tower, one noticed window and a dishwasher harder to open. last month the homeowner's association brought in an engineer. >> why the building is sinking and tilting and it is clear after listening to him and doing research, which my husband and i have done, that the partners did not build to bedrock and that is the cause of the problem. >> engineers say the millennium tower is built differently from others, instead of steel anchors on bedrock, it is concrete sitting on a slab with piling 80 feet into the soil and that foundation is inadequate with the weight of the tower. the partners poor design decision is the cause of the tilt and the excessive vertical

settlement of the millennium tower. they are blaming the transit center with the problems saying all bitles over time. 301 mission had settled more than originally anticipated because it was affected by subsequent construction by others and they say the digging next door is why it is sinking and leaning two inches into the tree. as for the homeowners, they are considering legal actions. they want the designers to fix it. >> they would lose in any court, if i understand it right. >> jonathan bloom, abc 7 news. right now hundreds of janitors are marching through san francisco and demanding better pay and benefits. a live look from sky 7 hd as local members of the sciu push for a new contract as they block traffic as they march. as we zoom in you could see the big mass of people there. the old contract expired at midnight. the maintenance group negotiating with them issued a statement this afternoon that said they've had 12 bargaining sessions in the past six days

and san francisco janitors are the second highest paid in the country behind new york plus they get nine paid holidays and four weeks vacation a year. the janitors say they can't afford to live and work in the area any more. let's take some video from just a few minutes ago showing traffic and how it was backed up on first street. since the prerts have been -- protesters have been marching on market street, traffic is choked downtown on this busy monday. in calistoga, a gravel truck ran off and overturned. it just picked up gravel from a nearby quarry. the driver lost control and hit a power pole and ended like this. the truck landed in the ditch along porter creek in calistoga and good samaritans helped it injured truck driver. >> passersby stopped and helped her out. the truck -- the engine did initially catch on fire. an off duty parole agent got her

fire extinguisher and put out the fire. >> the driver was taken to the hospital with a minor foot injury. that is it apparently. porter creek road is expected to be closed through the evening commute. a white suv crashing into a supercuts near first street in livermore this afternoon. the suv went through the shop side windows and came to a stop near the entrance. no one was seriously hurt, fortunately. police are investigating why that car ended up in the building. overnight, another shooting on an east bay freeway. this one happened eastbound on interstate 80 at the powell street off-ramp. leslie brinkley is live in emeryville with more on what happened. leslie? >> reporter: that is right, dan. the man was riding alone, driving alone on interstate 880 and exiting by the powell street off-ramp when he got one shot, one bullet to his head. he's barely survived. this is adjacent to a very busy shopping center and an extremely busy freeway corridor here.

and the shooter or shooters are still at large. 2:26 in the morning on witnesses and call 911 saying a man at the off-ramp was shot while driving his silver nissan altima. the man, a resident of oakland, was struck in the head. chp recovered evidence from the scene and interviewed those who saw the shooting. there have been 36 such shootings along east bay freeways since last november. chp said the vast majority are gang related where the victims had been specifically targeted but that doesn't give much peace of mind to other drivers. >> i feel like everybody has the right to feel safe while driving. again, that could be anybody. could be your mom, your grandmother or your sister. >> driving on the freeway and walking, it could happen anywhere. honestly, it is oakland. >> i'm not surprised. the more guns we have, the more

shooting we'll have. >> reporter: the man who was shot in the head overnight remains in critical condition. in emeryville, i'm leslie brinkley, abc 7 news. a man from the north bay disappeared during a hike in the oregon wilderness. the 21-year-old was last seen wednesday when he left for the jefferson wilderness. he is a graduate of anna lee high school and now lived in portland. the county sheriff's office released this photo of the search. his patients live in the -- parents live in the north bay and are now in oregon to try to help find him. seven different agencies are assisting in the search for a missi missing san mateo county woman. she was report the missing from a campground in the national forest. deputies say she has no known medical issues, but may have some memory issues. the search so far has covered about 100 square miles. the lone suspect in the presumed murder of morgan hill

teenager sierra lamar is finally going to trial. four years after sierra's disappearance on her way to school, i should say. garcia torres sat in court in san jose today with back to the members of the lamar family. david louie was there too and he is live at the hall of justice with the story. david? >> reporter: well, dan, after several delays, a court judge has decided jury selection will begin in six weeks, on september 19th. defense attorneys wanted more time to go over evidence and to go over some new data taken from sierra's cell phone. the 22-year-old gorcyca torres has entered a plea of not guilty for the presumed murder of sierra lamar. her body has never been found. but prosecutors are expected to use dna evidence to link him to the 15-year-old's disappearance. that was four years ago. and the family came to court today asking the judge to start the trial as soon as possible.

her father, steve lamar. >> we've exercised so much patience after four years of waiting for this and we're anxious for the court to get this going. >> reporter: lamar was joined by other relatives filling a row of the sixth floor courtroom where cameras were not allowed. >> a lot of my brothers and sisters are here, her aunts and uncles and her mom and myself and we're all here to show that this involves people -- family and how precious she is. >> reporter: in the ensuing six weeks, prosecutors and defense attorneys are expected to iron out a myriad after issues, including the exclusion of some evidence and a possible change of venue however the last change of venue granted in santa clara county was 36 years ago. research coordinator hopes the trial will provide details to what happened to sierra.

>> i'm looking forward to the trial starting and for justice for sierra lamar and the return -- the optimal would be the return of sierra to her loving family. >> reporter: in san jose, david louie, abc 7 news. a federal civil rights lawsuit has been filed on behalf of the man beaten by sheriff's deputies last year. it names eight deputies. and it was filed by the beaten man. last friday the sheriff fired deputy sean osborne. he is accused of take a gold chain and bribing a witness who saw the beating. coming up at 6:00, melanie woodrow has details of what his lawyers accused deputies of doing after the beating. a san francisco man is one of three people who died at a music festival in southern california over the weekend. the hard summer festival in san bernardino count is a rave that drew 147,000 people this year. investigators say 22-year-old

derek lee of san francisco was one of the victims. they didn't say how he died. the temperature was in the 90s. last year two people died at the festival and both of the deaths were drug-related. first day of august and the new threat from the zika virus prompting an almost unprecedented move. if you are pregnant or thinking about getting pregnant, talk to your ob/gyn. >> the new travel warning for women and what you need to know. >> plus, the sky is the limit. the big okay for tourists who want to go to space. plus, how uber's big sale could wind up being a big win for apple. >> and josh radic gives a shoutout to his fans after

florida has confirmed ten more home-grown cases of zika. that is prompting the government to warn pregnant women to avoid downtown miami where the virus is spreading. abc 7 news reporter alyssa harrington is live with more. >> reporter: this is the first time the cdc has issued a travel warning to a u.s. state because of zika virus. urging anyone who has been there in the past two weeks to watch for symptoms and for pregnant women to avoid the area of northern miami altogether. >> i'm worried, it is in florida now and it is spreading and it worries me. >> marcela feels like she got home just in the nick of time. she was in orlando at a conference and touched down in san francisco this afternoon. today health officials announced the zika outbreak in florida has spread. >> well, i heard about this in the morning at the hotel when i was leaving, coming here. and i was like, oh, my god, thank god i'm leaving.

>> reporter: the new cases bring the total to 14. these are locally-transmitted patients meaning patients got zika from mosquito bites in florida. a neighbor has been identified north of miami where the insects are spreading the virus. this woman is from a town near west palm beach. >> people are concerned but we do have a spraying every year, every year we have spraying done for mosquitos. >> dr. richard besser, the chief health and medical editor said travelers who come from zika areas do pose a risk. it is up to them to prevent the mosquito bites when they come home, too. >> anyone traveling to an area where zika is transmitting, when you come home use repellent for three weeks so you won't be the person that infected someone and infected a pregnant woman with it. >> and cdc urges pregnant women

to ainvolve travel to northern millimeter. at sfo, alyssa harrington, abc 7 news. oakland's fans are saying good-bye to a favorite player. oakland traded popular out field josh reddick and pitcher rich hill to the los angeles dodgers and they will receive three minor league prospects. he was in his fifth season with the a's and his pre and post-game rhetoric drew fans and he said, quote, to all of my people in the right field bleachers, never change. as for the giants. they were very aggressive before the 1:00 trade deadline. they bolstered tbull pen by acquiring a catcher and minor league pitcher and traded starting pitcher matt moore from tampa bay in exchange for third

baseman matt duffy. they lead the national league west by two games over the dodgers. faa has given virgin atlantic approval, but there is more work before space travel could become a reality. it has to be tested and hasn't had the maiden flight. the original spaceship crashed during a test flight in the mojave desert in 2014 killing a pilot. the day of high price acquisitions are not over. sales force bought quip that lets you have chats so there is no need to e-mail. the two companies will focus on mobile and social software. the deal will close in october. sales force stock dropped on the news. the sale of uber's china operations to the rival dd shoe

shing could be a big win for apple because apple owns a stake in it and it means it owns a teeny bit of uber. uber announced it is urging with the main competitor. uber was losing a lot of money in china. and tesla made it official today and announced it is buying solar city. in a deal worth more than $2.5 billion. tesla said this will create a one-stop shop for cleaner energy. the founder elon musk owns 40% of solar city. and on the subject of solar, michael finney is here with some consumer news about it. what do you have. >> are you thinking about getting a solar system for your home. you get a huge tax break from the federal government and for those living in san francisco there is a rebate that could run into the thousands of dollars there. still bay area consumers checkbook said you need to have time on your side. here is executive editor kevin

brazler. >> for a roof and start ard size system it is probably going to take ten years or more here in the bay area to pay you back, unless you live in the city of san francisco, the time period there is much shorter. >> bay area consumers checkbook has a survey and advice about solar in the new edition. i have a link on our website so you could check it out for yourself. you get two weeks free. that is a good deal. just for watching abc 7 news. now back-to-school shopping is underway and it is a big deal for retailers. they ask parents how much they expect to spend this year and just shy of 40% said $250 to $500.20% said $500 to $1,000. and clothing and school supplies are the two biggest expenses making up two quarters of the sending. and teens say they feel forced to buy school items they never use so they asked the teens where that money was being

wasted. a third said money spent on rulers, protectors and text book covers was not money well spent so parents, you may want to skip those purchases. the strike by air france has caused flights to be canceled and 150 passengers to be affected and the strike runs through tomorrow. but there is good news for passengers. the airline said 100 of the long haul flight lds operate tomorrow and the vast majority of the medium and short flights will run without issue as well. two airline unions called for the week-long strike as cabin personnel seek better pay, an extension of the current labor contract. back to you, two. >> thank you, michael. now attention back to work and the heat perhaps. we'll see. >> meteorologist sandhya patel is here with our weather. >> hi, there. we're going to take a little bit of a break from the extreme heat we saw last week. right now it is bright and breezy behind me and today temperatures in our warmest inland valleys manage to get up

into the 90s. and let's look at live doppler 7 hd and the fog is right now in san francisco, the marin and sonoma coastline and eventually filled in all areas. take a look at the image of the soberanes smoke and some is moving northeast towards part of the south bay and the east bay and we've been seeing some of that smoke from our live pictures. this is one from our east bay hills camera toward mt. diablo with a thin layer down below. now the air district is saying they measure the air quality near the surface, not up above. so even though it is hazy again tomorrow, they are expecting good air quality for most areas. santa clara valley moderate and good air quality for wednesday as well. so this is all thanks to the on shore breeze, the sea breeze keeping things stirred up enough. from the san jose camera, the hazy skies right now and the teams in the mid to upper 60s. san francisco and oakland, 73 in mt. view and 77 in san jose and 61 in half moon bay.

you see the fog way back in the distance from our emeryville, that is coming back into play for the morning commute. mid-70s in santa rosa, napa and a live look at the marine layer, from the mt. tam camera and we do expect foggy conditions at the coast and bay tomorrow morning with patchy drizzle. and hazy inland with a cooler pattern late this week. today a few areas dropped a couple of degrees as far as temperatures go but you notice it is cooler later on this week. tomorrow morning there will be fog around. widespread and with temperature in the 50s and there may be some drizzle for your morning commute. at 7:00 a.m., see where the fog footprint is. bay and along the coastline down the peninsula and into parts of the south bay and into the east bay and the north bay. so as we head into 9:00 a.m., most of the fog starts to pull away from the bay. it lingers right near the coast in the evening hours and you will see the sun inland with the hazy conditions in the east and the south bay due to the smoke from that fire.

hazy in the south bay, as i mentioned. 81 in san jose. 85 in gilroy. 87 morgan hill. 79 in sunnyvale. on the peninsula, mid-70s. redwood city and mt. view. 60 in pacifica. we hang on to the fog. 59 in daly city. 64 downtown san francisco. north bay, really mild day. 80 napa. 83 santa rosa. 77 in san rafael. 79 castro valley. hazy and warm inland. 89 concord. 90 in livermore. 91 in antioch. so our cooling trend will be on hold temporarily but you will notice as you look at the accuweather seven-day forecast, we go from the low 60s to low 90s on tuesday and wednesday and then the drop in the temperatures down to the mid-80s and low 60s coast side and holding you close to that level for your friday and saturday. the sea breeze will keep it nice and cool. always a good way to look at it, in the middle of fire season, nice to have cooler weather. ama and dan. >> thank you.

well we want to thank abc # news viewer bernie for video of what appears to be a california condor. he took pictures of the bird as it flew from one tree branch to another. this was in santa rosa this weekend. post your pictures and video on social media using the hashtag abc 7 and you could see it on air or online. thanks, bernie. still ahead, the flag-waving moment that changed the lives of dozens of people today. that is next. and then at 5:30 on world news with david muir -- >> new poll numbers just out tonight, clinton and trump, a dramatic change. who is ahead. and the human chain in the middle of the flood. amid new flood warnings and tornado warnings, you'll see the video. and the cdc warning not to travel to a certain part of florida. several new cases of zika tonight right here after abc 7 news. and a two for one deal from seven on your side michael finney. where you could now get your credit report and fico score free. that is not all either. michael will explain a

california's freeways could become sources of energy for the

state if a new pilot program is successful. the state energy commission will test the tule technology -- technology. the system involves sensors in pavem and when cars and trucks drive it transforms the vibration into electric pulses. lawmakers pushing the technology claim it could help power a small city. so the energy output is stounding. they tell us one mile and a half stretch of a two-lane highway can power a thousand homes. >> that is amazing. sensors will be installed in newly paved roads or dooring repaving projects starting next year. iphone owners, your text messages are about to get a new look. one of the most notable is that apple is replacing the pistol with a green water gun. the next version of ios will have the diverse set of emojis and include new female athletes.

it will include a single mother and single father emoji and a rainbow flag. and today in oakland it was not your typical festivity. that is voice actor michael pritchard who performed in star wars and other movies. he entertained 20 kids who became u.s. citizens. they range in age from 3 to 9. most have lived in the u.s. almost all of their lived but the event was still thrilling. >> excited. >> why? >> because the united states is very fun. >> the ceremony took place at children's fairy land and after the ceremony the new citizens and their families got to spend the rest of the day visiting the park attractions. >> congratulations. >> who didn't let the dogs out. >> still ahead, what happened when a couple of dogs just had to get going. stay with us.

when it happens where you live -- >> a raging wildfire in monterey county has forced more people from their homes. >> the abc 7 news team covers your neighborhood. >> in richmond. >> live in san francisco -- >> the mayor said we wouldn't be homeless. >> i want to know where the money is at. >> choose the team that works for you.

coming up tonight on abc 7 news at 6:00, serious accusations in the civil rights lawsuit and tonight claims of theft and bribes and high fives made by lawyers for the victim of a beating caught on camera. and also the percentage of californians still without internet access in their homes

and they might find the figure surprising. >> plus -- >> you can't always play video games. >> kids getting a chance to experience the great outdoors connected only to their imaginations. >> coming up on abc 7 news at 6:00. >> and you know dogs could be loyal and great companions but the next story proves they are horrible drivers. >> two owners took their owner's car for a drive. she left them in the car in the air-conditioning while she went in the door. >> people noticed a car heading toward them and they must have knocked it into park. >> next they will be shopping. >> the car and building had only very minor damage. and the dogs were just fine, despite not wearing their seat belts. >> they were probably heading to the pet store to get treats. >> exactly. world news tonight with david

muir is next. >> for all of us, we appreciate your time. we'll see you again in half an hour. breaking news tonight, as we come on the air. the new polls just out. hillary clinton, donald trump, a dramatic shift. and tonight, donald trump doubling down against the parents of an army captain who died protecting his fellow soldiers. trump now calling the father's words a vicious attack. and trump telling george stephanopoulos, he has sacrificed, too. also breaking, the cdc tonight with an unprecedented warning. telling americans not to travel to a certain part of florida amid several new cases of zika contracted here. bracing for new flash floods and storms tonight, after a human chain saves a woman. more than 100 rescued. major new developments in the hot air balloon tragedy. what authorities have now revealed about the pilot. and the family poisoned on vacation by