involved in a dispute between a bay area city and native americans saying they are protecting sacred land. a live report coming up. >> reporter: a slide damaged their homes. the govern declared a state of emergency. when will relief come to homeowners in the east bay. that story, coming up in a live report. >> reporter: cal train could be back on track to provide full service. i'm marla tellez. the plan that could save the commuter train, coming up.

a live look at the south bay. we are looking at a nice day weather wise. we'll get you updated today april 19th on today in the bay. good morning, everybody. thanks for joining us. 6:01 now. i'm brent cannon. >> i'm laura garcia-cannon. let's look at the forecast with christina, you mentioned the 70s. >> yes we shall. 55 in oakland. yes, i did mention the 70s and i'm sticking to it. warm, cloudy skiesover head. the extended forecast is on the way. a lot happening for the holiday weekend. i'm going to break it down for you. first, let's get you to work with mike inouye. >> stick on to the 70s because i'm going to, too.

the traffic holding steady there. that was an early start to the slowdown. it will grow in a half hour over to loveridge. from time to time, a burst at the toll plaza. right now, no metering lights. >> good to you. thank you very much. six families had their homes red tagged because of a massive landslide are in limbo. help is on the way. christy smith is live with a look at how the govern is planning to help people impacted by the landslide. good morning. >> reporter: good morning to you. six families are trying to figure out what is next for them. the governor declared a state of emergency. that should mean the relief is coming in, the question is, when. this is one of the first homes to be red tagged here on wyman

street. the sign says unsafe to occupy or ender. leon walker lives here. his home was damaged in severe rainstorms that happened in march. the city has been in a state of emergency since then. he's staying at a hotel with help from the city. exactly how much money will flow in and when is still unknown. will the underlying problems be addre addressed? >> i don't blame anybody. we need to find the cause and there is a cause. i know it probably was happening long before i got here. >> reporter: on friday, governor brown declared a state of emergency in 19 counties. only after a full assessment of the damage will funding be decided. more specifics about allocations

should be coming in sometime in the next week. that's when the city can plan on how to use the aid coming in. until then, homeowners are quite frustrated. christie smith, today in the bay. >> it's got to be upsetting to look at their homes like that. thank you. san francisco police are looking into a double stabbing. it happened at the tenderloin at 3:30 this morning. it started with a fight. a man and woman in their 20s were stabbed in their lower and upper backs. both victims ended up at the hospital. police do not have information on the suspects and there is no word on the victim's conditions this morning. san jose police have a suspect in a killing of a man sunday morning. they are looking for 22-year-old mario jesus hernandez. he is armed and dangerous. he shot and killed a man sunday morning. it is the city's 14th homicide of the year. san francisco police are on

the look out for suspects involved in separate groping incidents. it happened friday night at lincoln way near uc san francisco. a female employee says she was walking to the car when a man groped her. the latest was saturday morning a few blocks away at carl street. a woman says she was entering her apartment when a man groped her. she always fought him off. no arrested have been made. san francisco police are searching for men accused of kidnapping and assaulting a 22-year-old woman. it happened near the intersection of 18th and lexington street in the mission district. they pulled the woman into the car and drove off to the coast. they attempted to rape her before she was able to escape and call 911. she was uninjured in the

kidnapping. they are described as hispanic between 35 and 40. vague descriptions. they describe the car as a green toyota tundra truck. the giants fan attacked at dodgers stadium is showing signs of brain activity. he's in a modically induced coma for at least another week. he suffered siezures so they put him back in a coma. once he stabilizes, doctors will try to remove him from sedation. plans are on track to save cal trains commuter lines and keep all stations open for at least another year. marla tellez is live at the palo alto station this morning. good news for a lot of people. >> reporter: absolutely. this is a california avenue station in palo alto. as it stands now, this is one of

several stations slated to lose the weekend service. that might not happen anymore. you also mentioned good news for cal train riders. it comes down to money. they are facing a $30 million deficit out of the $100 million budget for the coming fiscal year. as a result, the train plans to cut ten of 86 trains, slow down the baby bullets, stop weekend service at nine stations including here at the california avenue station in palo alto and shut down three stations all together. those three stations include hayward park in san mateo, capital and the bay shore stop. as recently as last night, board members say this plan could be averted for at least a year. cal train could get the $3.5 million it needs to temporarily move forward as is. here is how.

it may get money used for maintenance. the chairman says the plan involv involves borrowing money. it would stop the cuts from happening. that would make the 42,000 people who rely on it happier. but, the thing is, riders still may have to pay more. the plan to increase one-way fares by 25 cents and parking by $1 a day would likely take effect in july. if you would like to give your feedback, they hold town hall meetings. the next one is tomorrow night in redwood city at 6:00 at the redwood city city hall there. this, again, bottom line would temporarily save the full service but none the less, the cal train board will vote on thursday. i spoke to a couple passengers who happened to get off the 5:55

train here. when i asked them how they feel about it, what did they tell me? they are happy about it. it's going to save them money, help the environment and save patience. >> buy some time. thank you. president obama is about to visit the bay area. when he gets here, he will see protesters. they plan to gather in front of palo alto city hall. the protesters are trying to save funding for low income programs. they will have a giant facebook page. let's see what kind of weather is going to greet the president. today is going to be nice. >> today is going to be nice. tomorrow a little bit of rain. nothing heavy. not a complete wash out. thursday, more sunshine. for today, one of the best days of the week, 70 degree weather.

lots of sunshine. high pressure firmly in control for now. the clouds arcing up and around the big strong ridge of high pressure. it's going to warm up this afternoon into the 70s. fog out there. watch out for that as you head out for work this morning. visibility is reduced in santa rosa. you are down to 1.75 visibility. take it easy if you are crossing one of the many bridges. 71 degrees in oakland. 68 in redwood city. 71 degrees in los gatos. i have the seven day moments away. stay tuned for that. big holiday weekend. make the outdoor plans. let's check the drive now with mike inouye. >> good morning, christine. we are looking over at cal train where marla gave us the update on the budget. no delays up or down the

peninsula. it's a nice alternate for you. cal train is a nice way to go. oakland, 880, the volume increases past the coliseum. there should be a game tonight. watch the post work traffic. the volume is holding steady with the speed limit roughly 60 miles per hour. the maze, overall, no problems with the speeds getting through oakland. 18 minutes off the carquinez bridge. slower through antioch. we have another issue, in addition to the delay for the altamont commuter there's a 20-minute delay there. a 17-minute drive. a new accident, i'm looking at the chp report. the latest update at livermore airport. maybe two lanes are blocked by

debris and an accident there. i'll bring that update to you. >> thanks. >> 6:11 now. still to come on today in the bay, a program to help you find precious parking spots in san francisco. it goes live this week. >> reporter: they are allowed to stay. native americans camping out at a sacred burial ground. i'm bob redell. what's next in the fight to keep it from development. that report coming up from vallejo. >> a live look outside the south bay. a lot of great coverage to start the da cloudy gray day. we'll get into nice

welcome back, everyone. a live look outside this

morning. the commute is picking up a bit. we are going to check it across the bay area with mike inouye in a bit. in a bit. >> in a bit, all right. native americans protesting the development of a burial ground in vallejo do not have a leave for the time being. bob redell is live at the waterfront park with a look at their disagreement. bob. >> reporter: good morning to you. at this early hour, several people are out here. they posted signs at the waterfront park. one says you are on indian land. several native american men and women started camping out to protest the city's plans to develop this historic sight with a parking lot, restrooms and trails. the city threatened to arrest them for violating park hours. that was until a federal mediator stepped in yesterday around 6:00 last night. both sides came to an agreement,

the city agreeing to let them stay without a rest. the next step, they would like to begin negotiating with the city to eventually halt the proposed project. they argue this is sacred ground, their church, if you will. starting 3,500 years ago, several california tribes used this sight as a village and burial sight. many remains still here. the protesters are confident they can convince the city to change their minds since they feel they have the backing of the people who live around here. >> the local residents here have watched us for days now as we have been out here praying. they understand we are not out here camping. they have seen us painting over the graffiti. they have seen us cleaning up the beaches for days. they have seen how important this land is to us. as they have seen that, they have come to understand this isn't a trivial issue to us.

>> reporter: construction is supposed to start soon and be finished by the end of summer. the law does require the city to protect the native american history at the sight. the people holding vigil here this morning don't see how that would be possible. reporting live here in vallejo, bob redell, today in the bay. >> thank you, bob. 6:17 now. local universities celebrating earth week. san jose students demonstrate alternative modes of transportation using them in a relay race. they will go around on big wheels, roller skates to spread a clean air message. it starts at 11:00 a.m. a bay area college student is trying to help people in her native country. she was born premature in nigeria. her father had to carry her more

than ten miles to find a hospital with an incubator. she and her classmates created an incubator that uses a solar collector that keep the baby warm. it's cheaper than standard ones. they will demonstrate to medical companies may 5th. san francisco state's main campus this morning. afternoon and night classes were canceled yesterday because of a power outage. it's been restored. downtown was not affected. if you are wondering if you have class, you do. >> take it outside. it may be distracting. spring fever already. >> depends on where you are waking up this morning. yes, high pollen levels once again. because it's warming up, think about pest control for your pets. flea and tick season is back. we have cloudy conditions out there now.

the clouds clear out by the second half of the day. a lot of sunshine, then the rain heads in for tomorrow. not a complete and total wash out. enough to make for gray day and overcast conditions. high pressure is in control for today. the high clouds are arcing up around the ridge. it's going to amplify. it brings the temperatures above average in some places. we are talking mid-70s. because of the high pressure, it's compressing the moisture and we have reduced visibility along the bridges. take it easy out there. watch for patchy, dense fog. 55 right now in oakland turning over to a comfortable 71 degrees. 70 in san jose. 70 degrees in gilroy. as we head through tomorrow, i think the showers won't arrive until you are leaving work. 67 degrees. clearing by thursday. of course the easter bunny comes

to town. we are talking fleas and ticks. what do you call an easter bunny with ticks, laura? >> i don't know. >> bugs bunny. >> back to you. >> thank you, christina. keep your day job. it's 6:20 now. coming up on today in the bay, you could use your phone to find parking in san francisco this week. >> everybody wants to copy the ipad. can you copy it too closely? >> you can. you can follow too closely. don't do that. we have a smooth drive. getting more busy here. we have backll you yhere we hae ups and a look at the toll plaza, coming up.

good morning, everybody. time is 6:23. a look outside the east bay commute. lots of cars out there. i was noticing no green motorcycles in that shot. >> that is true. i see them for you. >> i get it now. >> the driver was also green. we are looking at green chicklets here. that's sweet. or minty. the slowing northbound 101 between 680 and 880. it's a traditional spot for it to increase. we are watching the south bay as the volumes increasing and slowdown is started for a

tuesday here. a slowdown is reported. no injuries. they should get it cleared quickly. a big-rig is involved. they might have to have a big-rig tow truck. there could be additional chp active think as well. the bay bridge toll plaza, a little slowing in the cash lanes. that indicates the metering lights have been turned on. i'll refresh, yes. they were turned on. that will get worse over the next 20 minutes. >> literally right before our eyes. 6:24 now. san francisco is trying to make it easier for commuters to locate and pay for parking spaces. they are launching a new program where drivers use their cell phones to find open spaces. the sf park program shows realtime information on available spots.

drivers have to create an account. you can receive a text message before it expires. it's tested in select neighborhoods for the next two years. everybody wants to copy the ipad. can you copy it too closely? scott mcgrew joins us now with exhibits a and b. apple is suing samsung. is samsung is on the left and the ipad on the right. apple says not only do the icons on the screen look similar, the whole thing looks too similar. people will have a difficult time telling the two things apart. this is awkward for samsung. it is a competitor of apple and one of the biggest suppliers. there's a lot of samsung news. they sold their hard drive unit to c-gate for one and a third

billion dollars. to be honest with you, hard drives with all their moving parts are probably on their way out. as we were talking earlier, there's a san jose connection to the hard drive. they were invented on cottle road at the ibm research park. >> otherwise known as lowe's now. >> it's in south san jose. >> president obama comes to the bay area tomorrow. we'll look at his agenda. what killed a dog minutes after going to a dog park. one taste, and you'll understand. delicious dunkin' donuts coffee. pick some up where you buy groceries. mm! america runs on dunkin'.

up next on today in the bay, president obama lands in the bay area tomorrow and we'll find out how to take part in an online town hall meeting.

>> reporter: it's the news cal train riders have been hoping to hear. good morning, i'm marla tellez. if you are a rider, what you should know, coming up. >> reporter: the governor declared a state of emergency. some homeowners are confused. their homes are red or yellow-tagged. i'm christie smith. that story coming up. we'll check the commute on tuesday, april 19th. this is today in the bay. good morning everybody, 6:29. i'm present brent. >> i'm laura garcia-cannon. a hazy start to the day. let's check in with christina. >> things are going to clear up nicely. we are in the 50s to start you out. we are in the 70s.

a full forecast is on the way. 6:29. it's heating up on the roadways. how is it looking out there? >> we have a trouble spot in livermore. i'll show it to you. i want to show you the approach to the bay bridge. the back up after the metering lights turned on ten minutes ago building to the 880. it's tuesday because of the heavier volume. oakland and the northbound commute looking nice. the southbound side you might see headlights because of reports and debris. there may be a traffic break out of oakland over the coliseum. i'll let you know if i can. they warn you a couple minutes before that. back to you guys. >> the effort to save cal train, the commuter rail is due to cut services and trains. it may not happen. marla tellez is live at a palo alto station that could benefit from the change. marla.

>> reporter: just in the nick of time, good morning, brent. we have northbound cal train sitting, just parked. it's just parked here, i should say. we are at the california avenue station in palo alto. talking with a few passengers here this morning about the plan to stop drastic cuts from happening. of course they are happy about that. now, this station is one of nine that as of now is slated to lose the weekend service. the overall plan is to cut ten of the 86 trains, slow down baby bullets and shut down the hayward park station in san mateo, capital station and bay shore stop for the san francisco line. it's all because of a $30 million deficit for the coming fiscal year. just last night, board members say this plan could be averted for the next year because value train could get the $3.5 million it needs to move forward as is. i hope you could just hear me.

it may get money that's used for transit maintenance and construction projects. the train may have to borrow capital money. one of the trains daily commuters tells me the commute gets more expensive if he had to spend it on the road. >> yeah, it would save me money. my company supports the costs to ride cal train. i don't have my car on the road. it's better for everybody. >> reporter: riders may have to pay more. the plan to increase one-way fares by 25 cents and parking by $1 a day would take effect in july. now, if you would like to give your feedback, a town hall meeting is scheduled for tomorrow night in redwood city at city hall. it's going to happen at 6:00 tomorrow night. the cal train board, brent, is going to vote on the overall plan on thursday. it's only a matter of time until we find out if they are going to save the circus here.

>> that would be great news for a lot of people. thanks, marla. 6:32 now. president obama touches down for a two-day visit tomorrow. he be speak at the knob hill masonic center. his trip is packed with campaigning stops. >> i wanted to take a minute to invite you to a town hall meeting about the economy i'm holding at facebook headquarters. if you are his friend, he invited 19 million facebook friends to join him for a town hall about the economy. >> it will air live. you can rsvp at facebook.com/whi facebook.com/whitehouse. the president will head to facebook in palo alto. then back to the peninsula for a fund racer. following that dinner in pacific

heights. the tickets cost $35,000. beware of the areas. it could cause commute trouble. before the president leaves on thursday, he will stop by a fund raising breakfast in san francisco. the trip is expected to raise millions for the re-election campaign. we hope to have a better idea of what killed the dog shortly after it went to a popular south bay dog park. the park is closed today. the owner of the dog says her pet became violently ill at the park. she tried to take h him topupupv but the dog died on the way. we are awaiting toxicology results. experts are trying to figure out if something at the park contributed to the death or if it was unrelated to the park. 6:34 now. a va la hoe counselor is facing child molestation charges this morning. peter small is accused of

molesting a child who attended the corner stone program. small was arrested at him home in albany after a month long investigation. police are asking anyone with information about the case or others to come forward. >> help is on the way for people in the san pablo neighborhood whose homes are too dangerous to live in. many of them are red-tagged because of a massive landslide. christie smith is live in san pablo with the plans to bring in thousands of federal and state dollars to help these people. christie. >> reporter: good morning to you. this is one of the first homes to be red-tagged. the sign out front says unsafe to enter or occupy. lots of problems there. the rear foundation is compromised. the floors are uneven. we spoke with the homeowner. he's heard relief is on the way. he's confused about what to do next. his is one of six in the san

pablo area that is yellow tagged days after the severe storm that happened in march. his backyard is now a pile of rubble. the family is staying at a local hotel with help from the city. >> i don't know what's going to happen after april 30th. i don't know, that was on the -- as far as me also paying some type of rent to another place where we are going to need to be and also paying my mortgage. >> reporter: friday, governor brown declared a state of emergency in 19 counties including contra costa. that should free up state and federal dollars to help the homeowners. the damage still needs to be done. the best estimate is the ball could get rolling in a week or so. homeowners are saying no firm date is frustrating especially when you have a bright red tag on your front door. christie smith, today in the bay.

>> tough situation. thanks. let's check the forecast for today. that ought to put you in a good mood when this clears up. >> yeah. we are going to have to deal with the low cloud cover for the first part of the day. i believe everywhere across the area, we see mostly sunny conditions. the places that get the most fog, that is what we are noticing in particular this morning. that is the place where it's going to take the longest for the sun to breakthrough. count on that. it will breakthrough. the temperatures climb into the 70s. we are close to 60 in many cities already this morning. high pressure is in control. it's going to make for a warm afternoon. making for dense fog out there. watch out in the north bay for a mile and three quarters. we have dense patches drifting around out there. take it easy. take a look at where the temperatures are. 58 degrees now in san jose turning to 70. 70 in livermore, fairfield and 72 degrees today in santa rosa.

we have the extended forecast coming up. some really impressive video out of china and kite flying competition. thousands of kites in the air. it's cool. back to you, mike. >> all right. i'm looking at the update. we are looking at an incident. stand by for that. we have an incident that is affecting your trivalley commute in livermore. the big rig was stuck in the second lane. it's just moved to the shoulder. westbound 580 at the airport. you have a distraction there. a 23 minute drive there. jamming up before folks have a chance to escape getting to north livermore and isabel heading through livermore. it will cause additional slowing and will not clear up for a couple hours until the commute dies down. the southbound commute. 87 coming up. we have an issue southbound 101

at story road. they are going to need to move a crane. i don't have a time for that. we'll see. they may schedule it for later. i'll let you know if it's going to happen in a half hour or so. the 880 is building to the grand avenue and maze. off the 880 crossing itself. look at the stream of cars crossing. back to you. >> thank you very much. 6:39 now. tim lincecum throws another jam. how close he came to a no-hitter across the rockies. >> air traffic controller problem this time. a guy watching the movie on this job. we'll look and see how the latest incident affected traffic. it was better watched than the landing of a plane. how are politics playing a role in steep gas prices? a live report from washington, next. a live look outside. the sun is coming up across the bay area. a little bit of a gray novl,ere overall,e ericmpesteur faticor theor

good morning, everybody. a live look across the san mateo bridge, traffic is moving nicely. again, the gray skies to start the day. we'll check the forecast and your commute coming up in a few minutes. >> 6:42 now. stocks plunged yesterday. it could be another rough day. investors are concerned about

the borrowing power, and the sky high gas prices. tracie potts joins us live from washington with a look at democrats and republicans and how they are all reacting. good morning. >> reporter: good morning. let's start with the concerning news. the credit rating agency says they have downgraded the outlook on america's long-term debt from stable to negative. if we don't get things under control, we could lose our aaa credit rating within two years. that could have devastating e ve veefects on the economy, higher interest rates, taxes and fewer jobs. this is a valuable reminder we need agreement on the financial issues here in washington. it's one of the reasons president obama is headed out this week, starting a series of town hall meetings pitching his deficit reduction plan while at the same time getting congress

to reduce the debt limits. when it comes to gas prices, where a lot of americans are feeling the economic crunch, we are finding they continue to rise despite a dip in the past day or so in oil prices. ray lahood says we need relief from the middle east. opec says this is not an issue of supply. they say there's too much oil out there and they are cutting production. they say the gas prices are rising as a result of politics. reporting live from washington, i'm tracie potts. >> it's certainly hurting all of us. thank you. aviation officers say another air traffic controller has been suspended this time for watching a movie. a controller in cleveland was watching a dvd early sunday morning when he was supposed to be monitoring the landing of an incoming plane.

the incident follows at least five other cases of controllers falling asleep on duty this month. the movie he was watching was the 2000 film -- 2007 film "the cleaner." he cleans up crime scenes then covers it up. there's a 17% rating on roton tomatoes. apparently it beats watching planes land. a girl that wasn't allowed to join a boy's basketball team. the city parks and recreation will discuss plans to allow up to two girls on any of the boys youth basketball teams. the shift comes after the parents said the policy violated the title ix federal law. by the way, she ended up playing

in her school's basketball team. the world's famous mavericks surf contest might be wiped out for good. the contests sponsor has pulled out. campbell based company says they want to do other projects. the surf group formed to run the contest announced disbanning. the nuggets are taking on the rockies. nate hits one a long way after tim lincecum did some pitching. he was sensational. seven innings before he got a hit. he struck out ten batters. this one went 467 feet into the upper deck. the giants go on to win it, 8-1. could be an interesting series for the as. they host the boston red sox.

they were the popular preseason hit. they have stumbled to a 5-10 start. they are looking for their first road win of the season. however, the as have a few injuries to overcome. we have to see what happens. the game starts at 7:05. sharks are in los angeles getting ready for a playoff series. it's tied at one game each right now. the sharks are looking to bounce back at the hp pavilion. you can see it on comcast sports net in california tonight. oh, mammoth is still looking fantastic for skiing and snowboarding. they have plans of staying open through independence day, july 4th. amazing. we have a moisture rich atmosphere over head and high pressure building and compressing the moisture. we have dense fog. watch out for that this morning. down in san jose, reporting 2.5

miles of visibility. elsewhere is looking good. the temps are down right pleasant. comfortable conditions. 57 in hayward. 56 in livermore. as we head throughout the afternoon, the temperatures make it up to the 70s. we are starting out warm and expecting a good deal of sunshine for the second half of the day. 68 in fremont. 71 degrees for you in los gatos. a nice beach day if you have the luxury in santa cruz today. we have enough wind for good size ed waves later on. we are going to warm up in time for the holiday weekend. as promised, amazing video out of china to show you. thousands, thousands of kites up in the air. an international kite competition. okay, i guess -- there we go. there we go. no one was saying anything in my ear. as usual i they don't like to

talk to me. over 1,000 people flocked to the area. the spring wind makes it perfect. all kind of kites are able to get up simultaneously. the kite flying capital of the world. cool stuff there. today is a good day to fly a kite around here. a good breeze. >> i just bought one yesterday for the kids. >> barbie, i hope? >> toy story. i was looking for elmo. >> i would get tangled in somebody's line. that's cool. >> very cool. 6:49 now. still to come, a lawsuit that asks what's in the tacos, taco bell? it gets dropped. details coming up. >> reporter: a small victory for native americans protecting this land for development. we'll have an explanation, coming up. a live look from san jose. you can see the gray, murkybili. stay tuned. re talki ability.

stay tuned.

♪ you might see a little of this on your way home from work today. flash mob will perform for janet jackson. it's miss jackson if you're nasty. she has a show tonight and tomorrow night. if you are going, keep an eye out for the flash mob outside the auditorium. you better have your moves down if you are going to participate. >> is it flash mob when you have it prescheduled and announce it to everybody in advance? i don't know. >> they are fun to watch.

>> i believe the term jumped the shark. it is fun to watch. the traffic in five, four, three, two, one. janet jackson. 580 is very slow. 26 minutes for the drive. it's jamming up from the earlier accident. the earlier start. it is not clear for the earlier commute. things are slow all the way to north livermore then clear by the dublin interchange. 580 is holding nicely. slowing from san leandro to the san mateo bridge. you can see another issue, including the higher value yum of traffic. we have fog. keep that in mind. the roadways are drying out. mist around the bay area. watch that for the time being. oakland, where we had the earlier traffic break schedule. a tire on the southbound side. we saw a blip in the traffic flow. things are calming down a bit at the toll plaza as well.

we saw a different flow in the last several weeks. folks are hitting the roads early on then let up around 8:00. we'll see if that's the case as well. >> thank you, mike. native americans protesting the development of sacred burial ground do not have to leave. bob redell is live at the glen cove waterfront park with what is new today. >> good morning. the vallejo park threatened to arrest the people sitting on the land of what they hope to be a park. yesterday, a federal mediator came in and got between both sides and got the city to agree not to arrest these people. they didn't have permits to be there, that sort of thing. the stitt wants to put a parking lot in here, a couple restrooms, trails and turn it into a more developed park. they argue this is sacred ground

and should not be touched. there's a 3500 year history here. over those years, several california tribes used this sight along the carquinez straight as a village and burial sight. remains still remain here and that is the concern for the native americans. they don't want the area disturbed. the law states the city would have to protect the native american history here, if they were to build. >> it's city owned land. is there any way the city could develop this in a way that would be respectful to you and still allow the city to have rights to the land? >> well, the city, you know, does technically own the land, but you know, this is sacred land. i don't understand why it would need to be developed to still be enjoyed by everybody. we are not asking, you know,

that the residents of vallejo be allowed to use the land. we are more than happy to see everyone coming here and enjoying this beautiful place. you know, the enjoyment of this place by everybody doesn't require toilets to be built on top of our ancestors graves. >> reporter: construction of the glen cove waterfront sight as it's known right now, to turn it into more of a developed park is supposed to begin soon with the construction done by late summer. it's assuming these people here aren't able to stop that. they hope to begin negotiations with the greater vallejo recreation department in the next few days to convince them to halt the project. bob redell, today in the bay. >> 6:56 now. a lawsuit against taco bell that asks where's the beef is no more. an alabama based law firm filed

the suit in january. yesterday, it withdrew it. taco bell says the firm did it von untearily. it says it should set the record straight about the high quality of beef. the suit claimed taco bell served a meat mixture that doesn't meet federal requirements to be labeled beef. now, we want to check in with scott mcgrew saying worries over america's credit ratings. >> biggest loss in months on wall street yesterday. we have been able to turn the corner a little bit in the trading. this morning, dow industrial is up 20 points. nasdaq is up two. this continues to be a problem that dogs washington. i want to show you this, time lapse photography. it's just beautiful, isn't it? i won't try to pronounce the man's name who put this together. i have posted this to facebook as well so you can watch the

whole thing. a fellow out of norway. pretty stuff. there you go. it's on facebook nbc morning page. >> beautiful. thank you very much. thank you for joining us.