overtime but they say that leads to fatigue. >> no resident, no chief wants to have a lot of officers who are out there working multiple overtime shifts in a week knowing they may not be well-rested and they have to make very critical decisions. >> reporter: the chief said it impacts the lives of officers when they routinely work 12 to 14 hour shifts and overheard a family speaking to his family at a gas station by phone who didn't know the chief was within earshot. >> have a great day at school because daddy doesn't know when he will be off. i can't treat -- we have to find a way to give our officers some relief. >> reporter: the state of emergency is expected to mean more officers are available to respond to 911 calls. the declaration allows the city to suspend a state law that requires the approval of the police union. the union supports the plan. and speakers at the city council meeting believe they will benefit from more patrol officers in the neighborhoods. >> i had a neighbor threatening me for nine years and call p.d.

five times and i have relatives that wanted to come and couldn't get here. it is an emergency. >> reporter: in san jose, david louie, abc 7 news. and breaking news right now, down the street from david in san jose where people have been evacuated from an apartment building, apparently because of a bomb threat. sky 7 is live over the scene right now on fourth street just across the street from san jose state university. we have seen an officer and a bomb squad safety outfit go in but no one is giving any more information at the moment. we'll bring you more information as we get it. be sure to follow us on twitter at abc 7 news bay area for the latest news any time. two brothers are safe this evening, sky 7 was over fremont just a short time ago when police and neighbors looked for the two boys. fremont police tweeted that an officer found the missing six-year-old and a citizen located his five-year-old brother. the boys vanished in the fremont canyon heights neighborhood this afternoon but again they are both found and fine.

>> safe and sound. berkeley police are offering a $15,000 reward to solve the first murder of the year. alex goodwin was close to midnight happening just outside of his home on maybel street. he went outside after someone tried to enter the house and reports got reports of several gunshots. >> we responded and found the 22-year-old victim unresponsive and the victim was transported to the county hospital where he later died of injuries. >> berkeley police are still looking for a motive but say it is not a random shooting. he was a rapper who went by the name a.g. san francisco police are investigating another incident at the shopping center in san francisco. it is the second robbery there this month. carolyn tyler joins us live outside of the mall on market street. carolyn? >> reporter: well, police don't know if the two robberies have any connection at all but there

are a lot of security cameras both inside and outside that could help with the investigation. westfield security is working with san francisco police after two customers here were robbed and one beaten just before 8:30 last night. they were on the fourth floor working on laptops when one suspect distracted them while another grabbed a laptop and took off. >> the two victims ran after the suspect and then the other victim noticed that another suspect came up and took his laptop and cell phone that had been left on the table. >> reporter: the officer said in all, there were five muggers, teenagers and one of the victims was punched in the face. in a statement, westfield management said the recent incident is not acceptable and that significant resources continue to be devoted to security arrangements. earlier this month, a man was attacked and robbed in a restroom here by at least three men. and just two days before that, a

man's body was found in a mall stairwell in now what is being called a suspicious death. police say because this is a busy area, it is easy for criminals to target shoppers. which worry some we talked to today. >> it is awful that you have to be on guard contactually when you have something in your possession. >> reporter: robert evans said he has nothing for anyone to take. >> i think people think that i'm going to be a robber as opposed to being robbed. quite honestly, so i don't worry about it. >> reporter: if you have any information about either robbery, police want to hear from you. in san francisco, carolyn tyler, abc 7 news. a burglary victim finds himself in trouble with the law tonight after fremont police say he clubbed a suspected thief with a baseball bat. officers say the 18-year-old man drove around his neighborhood after discovering the break-in and a fight broke out after the victim spotted a teenage boy wearing some of his watches on

sunday evening. police also arrested the 14-year-old for possession of stolen property. he was injured as well. a daly city elementary school is expected to reopen tomorrow after students were sent home today because of a sewer problem. school officials say a clogged drain at westlake elementary that was supposed to have been fixed over the weekend was not repaired. the problem expanded to affect the entire campus overnight. officials say they tried bringing in port-o-potties but not able to get enough before classes were to start. with the 49ers preseason finale coming up on thursday in san diego, the team and the coach face the media this afternoon. the focus not entirely on football. but the controversy surrounding colin kaepernick's refusal to stand for the national anthem in protest. abc 7 news reporter chris nguyen is live at levi stadium with the story. chris, kaepernick is starting on thursday night, is that correct. >> reporter: that is right, blaine gabbert will get a break this week and colin kaepernick is expected to be back up when

the regular season starts. now as for the rest of the team, it was business as usual but mood inside of the locker room was light this afternoon. most of the players were all smiles after today's practice, saying that if you want to believe what they are saying, they say that football is their focus. today at the 49ers practice facility, coach chip kelly expressed support for one of his quarterbacks. >> it is his right as a citizen. >> in recent days a conversation on race relations in the united states all centered on colin kaepernick's decision to sit during the national anthem, the quarterback sharing his frustration over what he said is the oppression of black people and people of color. despite the extra attention coach kelly had nothing but praise for the work that kaepernick is doing on the field. >> when he is here, he is all about ball and he's been great with that. so, that is what i deal with and that is how we act. and he's been great. >> reporter: some teammates are coming to kaepernick's defense.

>> it is not easy doing the unpopular thing and i respect him that much more for doing that. >> saying that his actions are misunderstood. >> i know there are controversy about disrespecting the national anthem and the military and that is not what he is doing. he didn't ask for this. he just sat. >> reporter: as the team looks ahead to the final preseason game on thursday in san diego, a city with a sizable military population, say they are just trying to block out any distraction. >> a long 17 weeks and then hopefully the playoffs after that. and we just work hard and just control -- just continue to get better. >> reporter: kaepernick will start as quarterback against the chargers. in santa clara, chris nguyen, abc 7 news. now we sent out a push alert during the news conference by chip kelly when he said ka kaepernick was not a distraction to the team. to more download the app and enable push alerts. if he is on the side line for the season opener he will see plenty of attention to see whether he sits or stands during the anthem.

the 49ers host the rams after they newly moved to l.a. our sister network espn will carry the match-up as the second game in a doubleheader. although the anthem will not be shown live, espn plans to cover it as a news event. you could catch the niners and rams game here on abc 7 and coverage starts at 7:00. a bill that was introduced after the stanford sexual assault case is on the governor's desk under the current law whether or not force was used to rape or sexually assault someone dictates the sentence handed down to the perpetrator. now under this bill, rape becomes rape, whether or not force was used. or if the victim was awake. it wouldn't matter. the bill also ensures anyone convicted of rape or sexual assault could not be sentenced to probation. >> we are seeing a problem on college campuses and we need to say if you are going to do the crime, you are going to do the time. >> they passed bill in response

to the lenient sentence -- the sentence given to brock turner. he is due to be released on friday after serving half of a six month sentence. well if you have to work on thanksgiving, your company could soon be required to pay you more. the california senate is pushing through legislation that would require large companies to pay employees double-time for working on turkey day. the proposal approved this week comes as stores have begun opening earlier and earlier to accommodate shoe accommodate shoppers on black friday. and still ahead, it pays to have a conscious. one man is millions richer for coming forward to authorities. plus -- >> pretty scary. >> i can't come up with the right adjective to describe it. >> a quiet east bay neighborhood on edge tonight after two elderly men were beaten and robbed inside their home. and the editor in chief, next president obama begins to think about life after his presidency. i'm abc 7 news meteorologist

sandhya patel. i'm tracking the tropics and i'll have the latest on the storms plus a look at your local weather coming up. and if you are headed to hawaii or anywhere else, seven on your side michael finney will tell you your rights if you have to cancel a every day, the oil companies pollute our air. putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message. tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids.

a home invasion in the oakland hills left an elderly homeowner beaten and robbed. it happened overnight on sequoia road and it wasn't the first time. wayne freedman is live with what happened an the two people now under arrest. wayne? >> reporter: we know the two people under arrest are juveniles. we also know that there may be a third person they are looking for, and no, it wasn't the first time this home was invaded but it is the first time it was invaded when the residents were inside. the arrests began oddly enough in connection with a carjacking.

along sequoia road in oakland hills, an unsettled sight, police searching for clues after a home invasion. >> it happens everywhere. >> in this case to two elderly men in the 70s and 80s under their own roof. >> i can't come up with the right adjective to describe it. chaos and the turmoil, mayhem. >> reporter: oakland police say it happened at 2:30 this morning. two or three suspects entered and assaulted the men and stole property and a cadillac from the carport. when we asked to speak with one of the victims, he would not even open his door. >> are you okay? >> at a press conference this afternoon, oakland police told of an arrest of two juveniles less than two hours after the entry. >> while it was the vehicle that alerted patrol officers that this vehicle was listed as a vehicle in a carjacking. >> reporter: in oakland, home invasions remain a tender subject. >> it is sad to see that people can't be safe in their homes in oakland. >> reporter: this morning oakland mayor libby schaaf

released a statement that reads in part, while i know it is little comfort to those already hurt by crime, we are making making pros res. last year we reduced home invasion robberies by 55% and this year they are down by another 9%. it is small consolation on sequoia road. >> i think i might get a video camera or two. >> reporter: wayne freedman, abc 7 news. apple is going to appeal an order to pay a record $14.5 billion in back taxes to ireland. the ceo tim cook said the company followed the law since it opened the factory in cork, ireland, years ago. they filed a three year investigation into the apple tax deal with the irish government. the agreement allowed apple to pay a sliding scale in taxes from 1% of the european profits in 2003 to .005% in 2014. the securities and exchange commission awarded a whistleblower $22 million to

help put an end to a well-hidden securities fraud. the s.e.c. did not disclose the name of the person, the company or the nature of the fraud, to protect the tipster's identity. but the commission did say it would have been extremely difficult for law enforcement to discover this crime on its own. the president faces a unique task in the coming weeks. the president will serve as the guest at a wired magazine november issue and focusing on the next hurdles humanity needs to move forward. they claim he is the first sitting president to ever serve as a guest editor of any magazine. wires previous guest editors have included bill gates, movie director j.j. abrams and tennis star serena williams. tomorrow the president will be in tahoe for the 20th annual lake tahoe summit. laura anthony will be there and she'll bring us live reports right here on abc 7. in oakland, the raiders are expecting big things on the field from their quarterback

derek carr. the third year player shows off skills yesterday in practice toszing this 30 yard behind-the-back pass to connor cook, one of the back-up quarterbacks. they sent this out, it is a perfect spiral. don't see a lot of that in games. the warriors released the preseason schedule today. >> three of the games are in the bay area, two at oracle and one at sap center in san jose. that one is on october 6th. fan as tending that game will receive this bobblehead of klay thompson in a injury. >> and other bobbleheads will be handed out on october 4th and the 21st. and people in hawaii's big island are bracing for at rival of hurricane madeline. could you see madeline on the left in this image taken from space. the category three storm is expected to come closest to hawaii tomorrow. another storm, hurricane lester, is due on saturday. abc 7 news was at sfo where so

far airlines have not canceled any flights. travelers tell us they plan to stick with their plans. >> hopefully -- just pray and i could at least enjoy my honeymoon to see hawaii for the first time. >> just praying for everyone in hawaii, that everyone stays safe. >> if you are traveling to hawaii over the next few days, the airlines urge you to go online or call them to check on your flight's status. now if you have travel plans to hawaii today or tomorrow, you may be windowing about a flight and hotels. it is a big deal. >> well we have your answer. michael finney is here with more. >> i was just checking out to make sure we had the latest information and our latest check show those flights to hawaii are canceled. at least not yet. just like they told you. major airlines are letting you postpone your trip without penalty however. this is video i'm showing you here from hurricanize el and

tomorrow's hurricane is expect to hit the big island and maui to a lesser extent. if you are staying on either island check with your hotel. many hotels we talked to say they will cancel your stay without penalty. but they want you to give keep your reservations and they are open. airlines are waiving fees but here is what we found. delta, united and american will left you postpone flights scheduled tomorrow and thursday. you will pay the same fare for the same cabin but you must rebook by september 6th. check for other conditions as well. this kind of thing changes as you guys know minute by minute. it is like, okay, cancel -- so keep track if you are going. >> speaking of keeping track. sandhya patel is tracking both hurricanes turning toward hawaii right now. >> what is the timetable as best you could tell. >> the first one, madeline will impact the hawaiian islands in

the next 12 to 24 hours. take a look at the storms, you said madeline and lester and now to the graphics here and we take a closer look at hurricane lester. look at eye on this powerful storm and incredible image and as we look at both storms in the tropics in the pacific you see where they are heading. madeline is a category two. we are looking at hurricane lester and that is a category three. tracking both of those storms, madeline is the immediate threat, they are expecting some heavy rain, associated with it along with high surf. so wednesday we are expecting evening, 105 mile-per-hour winds and it is a category two as it gets close to the big island. watches an warnings are already up. it is going to slide south of the big island. weakening to a category one. but flash flooding and mudslides are the biggest threat. there is lester, passing north of the hawaiian island chain this upcoming weekend but as michael mentioned, great advice and keep tabs on the storms as

they may change course and it could impact travel plans. sunday it is still moving north away from the hawaiian island chains and we are tracking two systems in the atlantic. you notice it is tropical depression nine in the gulf of mexico and tropical depression eight. eight is not the concern. that is going to veer out, even though this will bring some rain and wind to the carolina coastline. nine is the one that we're watching. both expected to strengthen to tropical storms. tropical depression nine expected to dump heavy rain across florida and this could lead to some flight delays as we are watching the potential for some problems there. here in the bay area, nothing like that. quiet weather. everyone is enjoying clear excise and here is a look at the sunshine from the south beach camera. look at this. you can't ask for a better day across the bay. 66 in san francisco. oakland 72. 79 in san jose. 64 in half moon bay. highs so far, mid-60s to the low 90s so it was warmer today. and our santa cruz camera, well it is looking loney. not too many people out on the beach. school is back in section. 85 in santa rosa. 78 in napa.

87 in concord and hazy and mild with a few clouds and below average temperatures through the weekend and a warmer pattern to begin on labor day. tomorrow morning, starting out mild. not as many cloud as we saw this morning and temperatures start ow in the low 50s to low 60s and patchy low and high level clouds so here is the hour-by-hour forecast. those are the high clouds passing through tonight and tomorrow morning it is low cloudiness along the coast. most areas are starting out clear away from the coastline and then in the afternoon we'll go with the low clouds at the beaches, inland and bayside communities enjoying the sun. here is highs for the wednesday. 86 in antioch. 85 in livermore. 80 in san jose. 84 in concord. 82 napa. 78 in san rafael. 66 san francisco. 66 half moon bay. 72 in san mateo. 73 in santa cruz. the temperature of 80 degrees in san jose, actually below the average high of 82 degrees. those numbers will continue to

slide. you will notice staying below normal right on through sunday and even monday before we start to see those temperatures bouncing back. accuweather seven-day forecast, a little bit cooler tomorrow. low 60 toss mid-80s. below average as we head into the middle and latter part of the workweek but as we look toward the holiday weekend, even though it starts off below normal, we will come back up on labor day and it is warmer. low 60s to upper 80s. and tuesday we'll have the summer warmth with the low 90s inland and mid 60 as long the coast. this keeps the fire danger down and keeps kids comfortable at school during recess especially. >> yeah. just one great beach day. >> they sure will. >> do we get to go to the beach too. >> you sure do. >> we also want to thank ow viewers for sending terrific photos. look at this one of the sunset. >> that is beautiful. >> we received pictures from across the bay area. it could be another one to remember tonight. and you could share your pictures with us on social

media. >> please just use the #abc 7 news and you may see it on our newscast or online at abc7news.com. but keep them coming. pollution and night sky, next an incredible look across our state at the best and the worst spots to take in our universe. then at 5:30 on world news -- >> breaking news, a new hurricane watch just issued on the east coast. plus back to back major hurricanes now targeting hawaii. also one of the most terrorists killed tonight in the fiery crash on the highway and the chain reaction pile-up and the heroic rescue. and the strength of muscles. new at 6:00, what cal scientists hope to learn from the sea creatures to possibly save an unborn baby's life. unborn baby's life. i have that story at 6:00 narrator: it wasn't that long ago. years of devastating cutbacks to our schools. 30,000 teachers laid off. class sizes increased. art and music programs cut.

we can't ever go back. ryan ruelas: so vote yes on proposition 55. reagan duncan: prop 55 prevents 4 billion in new cuts to our schools. letty muñoz-gonzalez: simply by maintaining the current tax rate on the wealthiest californians. ryan ruelas: no new education cuts, and no new taxes. reagan duncan: vote yes on 55. sarah morgan: to help our children thrive. ally a hug.can: vote yes on 55. this toy is a reminder that someone cares. these are a chance to be part of a team. and this is the chance to succeed.

female announcer: with your support, everyone at sleep train proudly dedicates their time, hearts, and resources to giving local foster children one important thing: - hope... - hope... hope... not everyone can be a foster parent... ...but anyone can help a foster child. ♪ sleep train ♪ your ticket to a better night's sleep ♪ developing news out of los

angeles. police have just arrested a singer chris brown on suspicion of assault with a deadly weapon. earlier today lapd swarmed his mansion after a woman called 911 asking for help. the caller said brown pulled a gun on her. he posted several videos to his instagram page addressing the incident and demanding to see a warrant. at one point telling police he was going to barricade himself in his home to keep them from finding him. let's move on. we have an incredible look at the effect of pollution on the night sky in california. a sunnyvale photographer went across the state trying to find the best and the worst places to soak in the cosmos. we'll start in san jose. the light pollution there is such that you barely can see any stars at all, as you could see. it kind of gets washed out. moving to mountain view, as you could see, not much better. a few more stars maybe in the sky but again all of the ground light having an effect. down near pass cad arrow at

the -- pescadero, you could notice all of the stars and the galaxy much more dramatic. and surreal the way it looks north of us. look at that. almost like in an observatory. and at eureka do you knows in death valley, a stunning look at our universe. and as we talked about the other day with speculation this week about a mysterious radar blip out there, easy to get your imagination going about what is out there. you could find the link to the full time lapse on our website at abc7news.com and really incredible. ch check it out when you can. still ahead, this is not something you want to try at home, even if you know how to unicycle. next see the death

honey it's not swiping. come on i need it to swipe. i know i need to swipe something. get high speed internet from at&t. keep calm, your internet's on. the oil companies pollute our air. putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message.

tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids. sweetie, what are you doing? oh, i have no idea what games are streaming right now. so i thought i would just root for everyone. get high speed internet from at&t. keep calm, your internet's on. i'm date, coming up on abc 7 news at 6:00, pay day lender. they've been called unfair and predatory. isn't seven on your side

examines the reforms being considered and it is an issue michael finney has been following for years. and a northern california company is now on the ground in quake ravaged italy. what it hopes to learn there to help protect us here. all of that plus much more is coming up in just half an hour on abc 7 news at 6:00. back to you kristen and dan. >> see you then. hold your breath. finally tonight, video of a thrill-seeking cyclist atop a chimney 840 feet high as it captivated people all over the world. >> the train professional said do not attempt what he is doing. the daredevil has been riding unicycles the last 12 years and working to narrower and taller things. it requires mental visualization and direct focus and a healthy dose of crazy. >> relaxation. maybe for him. and looking at this, i'm not convinces. world news tonight is coming up next. i'm kristen zse.

>> and i'm dan ashley. for all of us here, we appreciate your time and we'll see you again in half an hour. >> bye-bye. breaking news. tonight, we start with a new hurricane watch, just issued. two systems. one growing in the atlantic. the other, in the gulf. plus, back-to-back major hurricanes now targeting hawaii. terror takedown. one of the most wanted terrorists killed tonight. the number-two man for isis. a $5 million bounty on his head, as new details come in about an american woman held hostage. in the race for president, donald trump facing a pivotal moment. will he flip-flop on immigration? tonight, his son coming to his defense. fiery crash. the chain reaction pileup. all caught on video. and the heroic rescue by a group of other drivers. and, an out of this world sound. the radio signal discovered from 94 light years away. is it a sign of alien life?