>> building a better bay area, moving forward, finding solutions. this is abc 7 news. >> kids, our community. kristen: he stood behind the students at west oakland high school for a decade. the former assistant principal is a tough story about why he is suing the school district. >> you're watching abc 7 news at 5:00. this is a story you will see only on seven. the once prominent assistant principal is speaking for the first time about alleged abuses and substandard conditions at the predominantly african-american high school in eighth arrow whistleblower lawsuit, cleveland mckinney says it was his efforts to expose the

problems of mcclymonds that got him demoted and eventually fired. laura anthony spoke with him today. >> mcclymonds is a, i is agent. reporter: years, former assistant principal cleveland mckinney was in many ways the face of west oakland's mcclymonds high school. perhaps its most passionate champion. >> we were on top of the world. we were graduating kids. kids were getting academic scholarships, athletic scholarships. we were winning state titles. reporter: now mckinney is a plaintiff in a lawsuit, a whistleblower claim against the oakland unified school district. mckinney claims he was retaliated against for trying to expose alleged abuses of black students, and substandard conditions. including contaminated water. >> we had teachers staff members that would bar students, we had

teachers and staff that would actually punch students. reporter: kinney alleges $50,000 in donations for student activities was redirected to administrator salaries. that a teacher was sexually harassing female muslim students. cat and was threatening assault, and another was shooting dice and gambling with students. another of his allegations during the time he worked here, that the spanish teacher here at mcclymonds admitted he didn't speak spanish. in august, 2016, he says he reported to an administrator that the water in the mcclymonds locker rooms appeared dirty and orange. despite his concerns and those of other coaches and teachers at mcclymonds, it was not until august 2017 that os usda revealed to the public that there was a lead in the kitchen tap water. >> the water piece was mind blowing. let's be clear, this was -- this

would not have happened in a wide area. this would not have happened in concord. this would not have happened in the piedmont. reporter: claims it was his efforts as a whistleblower that prompted oh usd to demote and eventually fire him. do you think it was retaliation? >> absolutely. reporter: abc 7 news reached out to a spokesman for comment and he responded os ud does not comment on pending litigation. is lawsuit seeks money damages and his reinstatement at mcclymonds. >> a means more to me than to just a job. reporter: in oakland, laura anthony, abc 7 news. ama: we move now to today's covid-19 headlines. more americans have died from the virus this year than in the first 10 months of the pandemic. johns hopkins university counts more than 353,000 deaths since january 1. there were 352,000 last year. l.a. passed one of the strictest rules in the country when it comes to showing proof of vaccination to enter indoor

businesses. the mandate includes hundreds of thousands of at-ho tests are being recalled over false positive concerns. the tests from the company a loom were sold at major retailers including cvs, target, and amazon. tomorrow, health officials are expected to announce a plan to ease the indoor mask mandate. all that solano county require residents to wear masks in public indoor settings. health officials that they will unveil a set of criteria for lifting the mandate that will include case rates, hospitalizations, and vaccination rates. santa clara county health officer told county supervisors the numbers are improving. >> our intention and our plan is to develop a set of metrics that we all share that are common across the region, as to when to lift indoor masking. and we are getting very close. reporter: dr. cody said to some

counties will likely meet the criteria sooner than others. dan: oakland teachers meantime have a set of new demands to ensure schools stay safe and mid the delta variant. these requests are being presented tonight to school board members. senior education reporter landman then does has a look at their concerns. reporter: when classes began back in august, oakland teachers had a set of guidelines to follow. >> spent a lot of times washing hands and eating slowly and spreading out. >> as the delta variant began threatening more communities, in recent weeks, teachers have been calling on the school district to put more safety measures in place. >> here grateful we are on the downward trajectory. that is amazing. but we want to get certain things in place, especially as the weather changes. reporter: those weather changes would likely force students and teachers to use more indoor spaces. right now, cafeterias like this one only have large fans to help circulate the air. >> what a school site like mine

needs industrial-strength hepa scrubbers, air scrubbers that would purify, just like we have the portable ones in our classrooms. >> hosel is to have three air scrubbers per cafeteria. they teachers union is asking the district to hire more staff to help supervise students. another big demand involves more testing. >> we would like to see at least weekly testing, mandatory, on-site at every campus. reporter: now, there are 10 testing sites with -- that stop operating at 4:00 p.m. the district says it is working to increase the number of sites at schools. >> testing is certainly one of the most important things we can do. vaccine being the first. masking being the second. testing is right up there as well as far as making sure we are on top of any situation. reporter: teachers union wants the district to come to the bargaining table to begin negotiating these domains. in oakland, leanne melendez, abc 7 news.

ama: a juror was excused from labels that homes trial today. she expressed concerns about how her buddhist faith may affect her decision. the juror told the judge she has been thinking about her possible punishment every day, despite jurors being told they are only to decide the facts of the case. a juror took her place. the trial started with five alternates. now it is down to three. a date is set for the convicted killer of scott peters and in life in prison without parole. the judge in the case announced the hearing will take place on december 8. last year, the california supreme court throughout his death sentence after determining jurors who personally disagreed with the death penalty but were willing to impose it were improperly dismissed. peterson has spent the last 15 years on death row for killing his wife and their unborn son. dan: new tonight, for the first time, we are seeing video of the moments prior to an fbi agent shooting and killing an oakland man. melanie woodrow has the story.o.

reporter: -- >> jonathan was a great individual. . he made everybody laugh. reporter: jackie says she's known jonathan cortez since childhood. they had been dating on and off for the past year. on september 13, she said the neighborhood boys called her. >> she said, -- they said, come home right away, jonathan was shot. reporter: he was inside a small store below jackie's apartment. the fbi says an agent deputized as a u.s. marshal was attempting to serve our rest worn it -- warrants. the eye team and obtained the surveillance video from outside the store which shows the agent pull up to the store and a run around his vehicle with his weapon drawn. the vehicle -- the video does not show what happened inside the store. special agent in discharge says cortez pulled a gun. >> in the agent went to the threshold, he gave lawful commands identifying himself with markings. cortez tried to run out of the store, bumping into the agent.

the agent pushed him back. cortez took multiple steps back, at which point he withdrew a handgun. agent fired one single round, striking mr. cortez in the torso. reporter:'s girlfriend says that is not what doctors told her about how he died. >> doctors told us he was shot through his right arm and into his heart. >> that detail that makes her question what direction cortez was facing at the time. >> it could be so easy to nip this situation in the bed by releasing that footage. reporter: the surveillance video outside the store shows other agents are revving seconds later. it is the video from inside the store that could explain more. >> just want to see the video. reporter: the fbi says the police department, investigating the fatal shooting, took possession of the two surveillance videos from inside the store. a spokesperson says this is an ongoing and active investigation. there is no timeline for releasing the video. cortez's girlfriend says she does not know what is true.

she just keeps thinking about what the store employee later told her. >> he will never forget the amount of money jonathan spent that day, because he spent seven dollars for his life. reporter: the fbi is not releasing the status of the agent who shot and killed cortez. melanie woodrow, abc 7 news. ama: avenue newsom signed seven bills to help make college more affordable for californians. more than a dozen lawmakers and state officials flying -- thanked the governor as he signed the bills at cal state northridge. the legislation runs the gamut from opening more slots for in-state students at california universities, to increase funding for financial aid and housing to a zero cost textbook program. dan: -- >> there is no equation to address the issue of income and wealth disparity, unless we provide opportunities and create pathways to close those gaps. ama: the latest bills, on the heels of massive investment on higher education in california. in july, the so-called

california comeback plan included a $47 billion for the uc, csu, and community college systems. dan: helping students stay out of the juvenile justice system. that is the topic of a new study from stanford university and oakland unified school district. researchers found reducing discipline problems with middle and high schoolers could be as easy as a one hour intervention. and a personalized one page letter. difference in the lives of many of the students. race and cultural reporter julian glover is taking a deep dive into this new study, and what it could mean for students coming up at 6:00. coming up in a few m environmentalists are calling for an end to offshore drilling in the wake of the massive oil spill in orange county. ama: and their postseason fate may be undecided, but giants fans can get their hands on tickets for the and l championsh your heart is at the heart of everything you do. and if you have heart failure, there's entresto.

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ama: now to the latest on the oil spill. the days long cleanup is underway. official say they found a 13 inch gash in the pipeline, resulting in 144,000 guile -- gallons of crude oil spewing off the coast of huntington beach. dan: wake of this environmentalists are urging the governor to do more to end california's on offshore drilling. the climate is a focus as we work to build a better bay area. here is liz kreutz with more on calls for change. reporter: a sad scene remains at the oil spill in orange county. gallons of black oil cover the usually pristine beaches, animals are struggling to survive. the images have given fuel, no pun intended, to environmentalist groups who say it is time to do more to end california's offshore drilling. >> need to rapidly transition to 100% renewable energy. you don't have these problems, we don't have solar spells or

wins bills. reporter: he is a senior advisor at food and water watch, an advocacy organization. >> stop fossil fuel expansion. reporter: members of the group showed up at the side of the oil spill, calling on the governor to stop the n -- stop the states reliance on fossil fuels. the governor visited the spell. >> it is time once and for all to disabuse ourselves that this has to be part of our future. >> he absolutely right that we need to move away from offshore drilling. and that moving away concert with him. under his administration, there have been 133 oil permits issued. reporter: that sentiment is shared by many environmental activists who believe the governor has not acted urgently enough to stop new drilling and current drilling. >> any new drilling is not obligated. the deeper question is how to -- how do you transition out and respect the workforce? >> -- offshore wind allows us to do both. reporter: david hsu recently authored a new bill, signed by

newsom that will encourage offshore wind production and a set planning goals for 2045. >> we know offshore wind power can help us meet our clean energy goals, combat climate change, and create thousands of good paying jobs in the meantime. reporter: activists support offshore wind, but save the change needs to happen sooner. >>?>> and have until 2045 to address this issue. we are experiencing the impacts now. reporter: liz kreutz, abc 7 news . dan: western states petroleum association which represents oil companies sent us a statement responding to these calls to and offshore drilling. they say more bands on state oil production would eliminate jobs, increased energy cost, and make californians more dependent on foreign words. a large area is under quarantine after the discovery of half a dozen oriental fruit flies. residents are being advised not to take home grown fruits or vegetables from their property. guy seven was over the quarantine zone which includes

the area from the santa clara county are gorth talhbesodndcous male fruit flies. the fruit fly is known to cause millions of dollars in agricultural damage. ama: san jose mayor sam liccardo announced he is set to propose significant measures to step up water conservation efforts in his city. >> this very serious drought, there is a very significant risk that next year is going to be even worse. and we have got to take measures now. ama: the mayor says he is offering a memorandum he will send to the city council that would restrict outside watering to two days a week, bringing the city in line with the san jose water company. . he wants to revise the city's landscape ordinance to ban lawns in new developments. dan: today is clean air day, and a local agency is celebrating by bringing back a popular program aimed at reducing air pollution.

the bay area air quality management district relaunched its clean cars for all program. andreac them wi a new o used clean air vehicle or transit voucher. >> the clean air cars program makes clean air vehicles and affordable option -- an affordable option for low income residents living in neighborhoods with high levels of pollution. this is critical if we are going to address this issue that we have to be able to include low income communities. dan: people living in 74 separate bay area zip codes are available for this program. the amount of grant varies by income and the number of residents in a household as well as the type of vehicle purchased. google flights is showing passengers how much pollution their flight will produce on upcoming trips. with a new feature, passengers have the option to book flights that are the most eco-friendly.

things passengers can consider before booking their trip, flying on newer planes which typically produce less printed -- less pollution than older ones. also first class seats take up more space and account for a larger portion of the aircraft's pollution. ama: cold temperatures on the possibility of rain in parts of the bay area.

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introducing the all-new nissan frontier. dan: tickets for a national championship series are going on sale tomorrow. the west champion giants don't even know who the face and the divisional series on friday. they await the winner of tonight's game between the dodgers and cardinals. tickets will go on sale at 2:00 p.m. on the team's website. the championship series is scheduled to begin on october 16. ready exciting to have that here. ama: very exciting. i find this weather very exciting. its to feel like fall. sandhya: yeah, it finally does feel like late fall, that is for

sure. i want to show you live doppler 7. it is starting to look a little bit more like what it should look like, which is a little bit of green on the screen. granted, cold front coming through is not producing a lot. near our radar site, we are seeing a few sprinkles right now. tick canyon road, cobb mountain, middletown, a good sign of what is to come. let's take a look at the wider perspective. you see the cold front dropping a lot of clouds over the bay area. that is why we have been dealing with cooler than average conditions. our warmest thoughts today, only in the mid-70's inland. right now 72 in brentwood, 59, half moon bay. really does breezy outside. temperatures dropped another few to 10 degrees in places like livermore compared to 24 hours ago. stronger sea breeze taking -- having a role. air quality, that fresh wind coming off the ocean is definitely helping to keep our air clean, so it is going across

the entire region. santa cruz camera showing you the cloud stack up. . good air quality coming your way the next four days. you get a chance to get out and enjoy it. exploratory and cara mia -- exploratory and camera showing you those temperatures. there is a nice chance of sprinkles or an isolated shower on body. warmer weather coming your way this weekend. for fleet week festivities, tomorrow the weather looks much like today, mostly cloudy skies. on friday, cool and cloudy. look at saturday and sunday. temperatures coming up to the mid and upper 60's. it will be terrific flying weather for the blue angels. hourly forecast for friday showing a system bringing in moisture around 9:00 a.m. the best possibility south and parts of the east bay at 11:00 a.m. can't rule out a shower or two. it is not a game changer for your friday plans. i would just have an umbrella handy in case. where it is going to make a big impact is in the sierra nevada.

showers going into tomorrow. and then it turns over to rain -snow makes us we going to friday. if you have travel plans, that could impact you. expect freezing cold nights this weekend. a hard freeze with snow down to the valley floors early next week when the next system comes through. that is the one we are watching. once that passes through, we are going to start to see the winds veering off shore which will raise our fire danger. drizzle along the coast tomorrow morning. mid-40's to the mid-50's. cool and cloudy. as you look at the afternoon highs, remaining well below where we should be. for this time of year. . low 70's inland. in is going to be another breezy thursday. if you like this whether, you have two more days to enjoy this. sprinkles or slight chance of showers on friday. temperatures spotting and being out in the low 70's. the numbers start to rise. it is warmer for your weekend as we head into early next week, watching for the potential for fire danger. no watches or warnings now. gusty winds will be problematic.

that is something that we will keep an eye on for you. until then, enjoy this fall feel. dan: it's nice. sandhya: working at recology is more than a job for jesus. it's a family tradition. jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. ♪ ♪

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dan: fleet week in san francisco is in full swing. ama: a total of five military destroyers and dock landing ships will be docked appears 3032 and p 35. to show off their wide array of weapon capabilities. >> the destroyer is the big bad ship of the navy. getting to be next to it is something special. dan: onlookers will be able to see a day in the life of a u.s. sailor and walked through the indoor corridors and the flight deck. parts of the ship's interior will be closed to the public during the ongoing pandemic. what a fun opportunity. ama: absolutely. it is nice to have the festivities while keeping people safe. dan: ground is tonight with david mere is next. i'm dan ashley. ama: i am on a date. for all of us here, thank you for joining us tonight. we will see you again at 6:00.

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tonight, the high school shooting in texas. a 25-year-old english teacher among those shot. teenagers sheltering in classrooms. teachers blocking the doors. authorities identifying the alleged gunman, an 18-year-old student. the hunt for the suspect for hours. tonight now in custody. and what we've just learned. marcus moore from texa also, the major news tonight about the oil spill emergency off the coast of california. if oil was spotted the night before and the coast guard was called, when did they officially shut down the pipeline? authorities before the cameras a short time ago on this and matt gutman on the scene again tonight. news tonight on the pandemic. l.a. imposing strict new mandates requiring you to show proof of full vaccination to go out to eat, to go to the movies and other activities. what new york citys