a san jose school keeps its promise welcomes students back to school. >> at trace elementary school, classes are resumed. the arson fire destroyed the main building july 35. tomas? >> people in this community they are not gog to let an arsonist get in the way of their children's education. a little more thanive weeks after their school burned down they are beginning school right on schele. >> what do you want to do today?

>> still, she is starting kindergarten a it's the first day of cool for the more than 1,000 children that attend school here. many parents and children didn't think the school would open on time. >> i was really impressed how the district real turned around and said we're going to rebuild here and start the school here. >> it's surprising they pulled it off. >> surprising because it was only five weeks ago that a suspected arson fire raged through trace elementary destroyed about 20 classrooms. there were no spnklers required whent was constructed they still feel the zblos it's very hard at first knowing the whole community, and materials

that were taken in the fire. community has really come together. it shows how strong of a community we. >> they were promised scho would start on time and there would be classros for the children. that promise was me by the school superintendent. today he made good on his word. >> it's taken a lot of work and commitment from the staff to make sure we ha high quality facility. >> what did you used t do in the classroom and where are you going to tak them? >> here. >> donations of more than $100,000 have come in from parents, teachers and corporatio. we building the campus will cost up to $12 million but the new building will have sprinklers andther safety equipment. >> if you nt to help trac

elementa raise some money, they are gng to hold a could be test on the facebook page, the top volunteering schools will get a donation from kohl's. >> danville police say a driver of an suv was not drk when a teenager judged the vehicle and was ultimately killed last night. 19-year-old of amamo was holding on to the outside of the suv when it was going north on glen road. he lost his grip and fell. it's not clear if he killed by the fall or the suv ran over him. police are calling this a tragic accident and it has nothing to do with side shows. >> they were driving to a nearby residence. he decided to hop on the

outside. he stayed out for short time. they were going slowly however he fell off and succumbed t his injuries. >> an autopsy will determine what kille the teen and whether he was on alcohol or drugs. no arrests have been made in the case. >> sta agencies are investigating an accident that killed 8 spectators in the desert thousand people were standing right next to the off-road race course. they issued the permit for the race but blames the organizers for lack of crowd control. >> the action was so close, spectators could practically touch the cars. saturday the desert race turne deadly. this white truck, the driver lost control. the truck launcd in the air and flew sideways and flipped

over trapping fans beneath it. >> peopl were running everywhere, bones oken and everything. >> six spectators died the scen two on the way to the hospital. at least a dozen more were injured. the driver 28-year-old brett sloppy was not hurt but the crowd turned on him throwing rocks. on his facebookage, he writes, incredibly lost and devastated. my thohts and prayers go out to the famies and friends involved authorities say he will not face charges >> the rules are routinely ignored. fans are supposed to stay away hundred feet from the track and video shows that didn't happen. race organizers say they can't afford to pay for security. no supervision and no guard rails and a party atmosphe. >> that is definity

outreous. you are can't stop them. >> saturday's tragedy is how easily things can go tragically wrong. >> supporters of proposition 8 met a legal deadline when they filed paperwork with the court to prevent same-sex couples from marrying this week. they have now filed arguments with the court. supporters of me-sex marriage want the court to allow a stay on the rulg to expire which would allow same-sex couples to get married. proposition 89 supporters wa it extended while it works its way through the court. the judge ruled that proposition 8 was unconstitutional and unless a higher court intervening, his stay will expire on wednesday. now both sides have filed paperwork, now let's call to

dean johnson. >> there are essentially two outcomes, a new stay will be granted in whic case there will be no same-sex marriages in california at least until the united states supreme court decides. the other possibility is that through the entire process which could take to us the supreme court within the next 48 hours or so, a stay will be denied in which case judge walker's ord expires and sa-sex marriage becomes the law as of 5:00 p.m. on wednesday. >> how quickly could this happ? >> this is something that not many americans, know about. emergency litigation where the courts act within hours rather than day or weeks. it will happen. one way or the other before the expiration of the order on wednesday. >> why the urgcy in this case, what the scenario? >> therere a couple of scenarios they want to avoid.

prop 89 supporters hav said that we are are concerned if the stay is lifted and same-s marriages go ahead, there may be 18,000 marriages before the supreme court hears and they would have to undue the marriages. that would be chaos. governor has sa we understand that to be chaotic for the state but we think those problems are far overweighed for people's constitution rights to get married. in other news, walnut creek police, asking for help to find two me that have been breang into parked cars. the burglars have hit several vehiclesarked in shopping malls and businesses in the ig neighbor i don't valley road -- ignacio valley road. one the suspect vehicles is a dark-colored volkswagen with a

license plate 4 rfc 406. it has the last four digits with tape. a second is gray vehicle, possibly a mazda. >> a temporary post office opened in healdsburg where the main post office burned down. that fire burnt for nearly five hours on saturday. it destroyed healdsburg's main facility on center street. federal inveigators were back at the scene today. they say the fire was accide possibly from an electric short in the atc. the building is a total loss including al the mail inside. claims for damages will be dealt with on an individual basis. temporary facility is postal annex. . >> new concern today, a en they shrimp boats are back in the gulf of mexico. >> and president obama plans

shrimrs returned to the waters since the oil disaer. louisiana tops the nation in shrimp production. shrimp harvest had in other locations will face increased inspections.

>> what happens if you find a little bit of oil had the shrimp in are catch? >> you have to throw them away. >> the whole thing? >> yeah, that's what the say. >> they plan to visit louisiana and have lunch wit shrimpers and talk about the hardships they face. meantime, the obama administration will no longer allow new deep water drilli projects to move forward without environmental reviews. that happen with bp deep water horizon. they reported that bp received environmtal exemptions on decades old data. >> they say politics wasn't a factor in present obama's remark about building a mosque at the site of the september 11th attacks in new york city. president obama was in milwaukee discussing the economy and green energy. he tour add battery company. he is facing new criticism from

republicans, it comes after mr. obama said that religious freedom gives the right for muslims to build the mock. >> in this country we treat everybody equally in accordanc with the law, regardless of race and regardss of religion. i wanot commenting and i will not comment on the wisdom of making a decision to put a mosque there. >> to me it demonstrate that washington, white hoe and the administrati the present himself seems to be disconnected from the mainstream of america. >> the proposed $100 million facility ha provoked strong opposition from certain groups. >> they say robert gates is expected to retire sometime next year. a senior administration official says gates promised president obamthat he would not leave the cabinet this year in order to maintain stability. gates told foreign policy

magazine tha leaving in 2011 would give him time to oversee the offensive in afghanistan. it on would allow him to bow out before the presidential elections. he a republican and was confirmed ring the bush administration. retired general stanley mcchrystal will teach a gruam near at yale university on leadership. he was fired in july because of disparaging comments he and his aides made about their bosses. >> looks like san francisco may be below average again? >> even with the sunshine out there and probably be the warmest day, we'll be a littl shy of average. look at sfo whe the sky is starti to clear and l the flight arrival delays are ov. we'll talk about how warm it will be and how much we're going to drop. >> and a critical repair astronauts finished today on the international space station. >> and zsa-zsa gabor's health is getting wors

we all know hti was hit by a devastating earthquake. tens of thousands of haitians have died, and that number isising. we don't have time to sit around and talk about what we can do to help. you can help by dating today.und to astronauts installed a new pump today finishing some urgent cooli system repairs. it was the third spacewalk in

ten days. they hooked up power cables. the lab has been operating on half of it's cooling capabilities after ins the pump failed. if everything goes well nasa hopes to have it back in action by this coming thursday. >> and nasa cooling system is working overtime. >> it's been running a long time and it may stop a little bit today. let's take a look outside and as we look from south beach at some of the clouds are starting to break. as we look down to the airport and we saw that you can see some of the clouds breaking. another perspective we lik to show and there is some of the fog and noce how compressed the mane layer is and it's going to be easier for the sunshine to get rid of it. let's take a loo at how we have changed over the last 24 hours. our temperatures are running three degrees warmer in santa rosa, six in fairfield and 11 in

los gatos. inland areas, hills seeing that warmer weather taking over. farce our temperatures, overlay cloud cover, it's still filling the bay. mid to upper 50 around half moon bay, sanrancisco, oakland san rafael, napa and much warmer toward fairfield and antioch. monterey bay, you see sunsne developing around watsonville. upper 50s there. and sunny 72 in gilroy. we're going to have warmest afternoon and going to have sunny spots along the coast. we'll have cloud tonight everywhere, drizzle around the coast and mist around the golden gate bridge and cooling returns as quickly as tomorrow and hangs around through the weekend or the end of the accweather seven-day forecast. here is high pressure breaking us the warming trend. temperatures in the low to mid 90s in portland and seatt.

mid-week cooling thanks to this low and then weekend cooling thanks to this low. marine layer will bring cooler air along with more cloud cover. milpitas at 75. san jose about 79. on the peninsula, low to mid-70s in most neighborhds. as you head into the south bay, mountain view around 80. half moon bay, 61. downtown south safrancisco, mid to upper 60s. beaches in the north bay, upper 50s but we have near 80 in santa rosa. i had 50s around richmond and berkeley, low to mid-s and antioch and brentwood, 90 and 92. same thing for morgan hill and gilroy and hollister and low to mid 50s around carmel and monterey.

94 in sacramento. a's ar back in town have a game with blue jays, first pitch, 66 dropping to 60 with increasing clouds and clouds will be a little mild but will drop us about two degrees and mixture of clou on thursday. that will be coolest with low to mid-80s inland and low to mid-70s aroundhe bay and mid 50s arnd the coast. >> all rht. mike, thank you. >> a publicist for zsa-zsa gabor says she has in serious condition and has received her last rites. she had two blood clots removed. she was hospitalized because she was bleeding and in a lot of pain. she broke her hip in july and had hip replacement rgery and just retued home from the hospital on wednesday. >> california reached an important milestone when it comes to saving lives.

7 million people have signed up to be organ donors. the families marked the occasion at dmv office. one woman described how her son's death gave life to others ten years ago. >> we ew the kind of person that he was, he was out to help someone. so we donated his organs, he was able to help five people. >> the state donor registry, anyone can save a life by checking a box on your license application. >> if you are an only child you are no less capable of developing social skills. they found students popularity in school was not impacted by whether they have siblings, suggesting only children are no

less social than their peers, brothe and sisters. without siblings, can develo social skills in the school yard. >> we'll be back in just a moment.

today at 4:0 a rare look inside a con convenient and then at 5:00, grades are in and find out how california schools

scored. and with so many different multielevate mince, knowing which one is right for you can be confusing. the results of a major test safety and price. those stories later at 5:00. >> mike is here to sort it out. >> it's been a cloudy smer and going to continue to be, if you like the heat enjoy it while the last, if you call it heat. >> thanks for joining us. i spend three hours on my homework -- or at least that's what my mom thinks. with high speed internet from at&t, i get my hework done fast, aving me time to download movies and music and at with my friends. [ mom ] how's your studyin it's coming along! [ female announcer ] work faster, play more with the fastest iernet for the price. call to get high speed for $195 a month with select servic and a one-year priceuarantee.

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