closed captioning by closed captioning services,inc massive cleanup underway at city hall oakland after police took protesters out of their tents. hello i'm cheryl jennings. and i'm kristen sze oakland officials set to reopen the plaza shortly but it may be short-lived. occupy protesters vow they are coming back in huge numbers tonight. >> wayne freedman has developments in san francisco amy talk odd to an injured protester in oakland. --

>> reporter: the city of oakland says it going to reopen frank ogawa plaza by noon giving them 5 minutes to get barricades down. when they come down, protesters say they are going back in. the city says, if they do at 10:00 tonight when the park closes the police will remove them in the interest of health and safety. occupy oakland says health and safety, they are not buying that. last night's demonstrations saw hundreds of police confronting perhaps 1,000 demonstrators. max was not one of the demonstrators. he was in jail after being arrested yesterday morning at the plaza. >> a police officer grabbed my neck and said you need to move right now or you're going to be arrested. i shook my head i would move, stepped back, he put down the barricade and i said what's your name and pointed at me and said you're under arrest. >> reporter: an arrest he says

included a baton beating. he says he will be back tonight in honor of his family, his parents and their parents who all lost their homes to foreclosure something he blames on the greed of the wealthiest 1% of americans. rocks, bottles and paint thrown and tear gas and bean bags ed by . perhaps t frightening -- bags thrown by police. perhaps the most frightening this. crews say a bullet shattered a window at 14th and broadway. police say they weren't using live ammunition and no one was injured. bullet hole through a second floor window. >> [ inaudible ] >> reporter: there was plenty to fix at the plaza, urine, feces, graffiti, needles, trash all had to be removed. all reasons why they say the occupies had to end yesterday.

one hopes tonight's demonstration is peaceful. >> don't throw stuff. every time you throw stuff and there's a large amount of people they are going to gas us that drives people away. if we could go without getting gassed we take up two to three blocks. >> reporter: mayor quan is expected to talk to the media today. laura anthony is tracking that. nick smith is here ing on the demonstrations. next demonstration is scheduled for 6:00 tonight. -- terry mcsweeney, abc7 news. amy hollyfield joins us. you have been trying to find out about the use of force and possibly a response from the oakland mayor, any luck? >> reporter: no luck. we have heard the mayor is back in town. she was in washington, d.c.. she got back late last night. she did not return our calls all morning and hasn't made herself available.

raised questions about police force. we have been trying to ask questions about that as welch here's the bruise on one protester today. she and others were convinced that rubber bullets were fired last night. with we showed this picture of her injury to a police officer. he tells us it is not from a rubber bullet but what he calls a flexible baton round, the upgraded version of the bean bag ammunition. he says the bean bag didn't fly right and cut people open. he says they now use these, not rubber bullets. the chief says they had to shoot at protesters and fire five rounds last -- five rounds of tear gas last night self-defense. protesters say what they saw horrified them. >> disgusting. she is seen as this progressive mayor and you know the level of police brutality that happened last night and when the -- when occupy plaza was evicted.

i've seen hundreds of police before it with was over 900 police evicting the plaza of i don't know how many protesters, essentially peaceful. >> we in a position where we had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks and other chemical agents thrown at our officers. >> reporter: she will be back out there tonight. she says she feels it is important to fight back against city officials who are keeping them from camping out. last night protests started peacefully, 400 marched from the library to the plaza. police had to declare an unlawful assembly when people started throwing things. protesters were upset by the police respond. they saw and heard flash bang grenades, they were concerned rubber bullets were flying. we were hoping to ask the

mayor what she is going to order going forward. she going to do a press briefing later today. we were not able to track her down this morning. amy hollyfield, abc7 news. >> things heating up at the occupy camp at justin herman plaza where police warned protesters to leave. wayne freedman is there./> reporter: this is the difference a few miles and a few hours can make. it is a quiet morning. the question is, how long will it remain quiet after what happened in oakland last night. early this morning residents received two letters including one from san francisco police saying they are subject to arrest for health and human safety violations. the letter cited parks and recollections, issues from human waste to open fire the city is saying cleanup or bear the consequences. a stance not going over well. here is a spokesman for the

occupy san francisco movement. >> i think that it is the police department trying to escalate the issue. i think personally, the city seems to be fairly supportive of us being here. but the police department wants us gone and they are trying to use other city departments to do their dirty work. the >> reporter: the mayor met with police to try to work out a schedule to get the people here in justin herman plaza to leave. we don't have details yet. this morning there was no 'tis able cleaning up going on here. -- noticeable cleaning up going on here. theretmyeñ were many brooms. john avallos came out in support there's talk myrrh going to move to the tropt of city hall november 5th. wayne freedman, abc7 news. taking to you atlanta, police there moved into a downtown park after midnight and arrested 50 occupy protesters. officers had warped them to

vacate or risk arrest -- warned them to vacate or risk arrest. some left willingly, others ended up in handcuffs. they had been living in the park two weeks. for it latest go to abc7news.com under see it on tv. new home sales nationwide increased last month after four straight monthly declines. commerce department says sales rose nearly 6% in september. the report says that is due to builders cutting prices median price fell to $204,000, the lowest since october 2010. analysts say it suggests the housing market is years from a turn around. tough times for college students. president obama this morning unveiled a plan to help them pay back their loans. he was at the university of colorado in denver he is speeding up the implementation of an income based loan

repayment measure reduces the maximum payment from 15 to 10% of a graduate's annual income. i was supposed to take effect in 2014 -- mr. obama wants it to start next year. >> the president: because of this change, 1.6 million americans could see payments go down by hundreds a month. that includes some of the students who are here today. >> president says by lowering college loan payments people will feel more confident buying homes and other things and that will boost the economy. here's what some viewers are saying about the repayment plan on our facebook page: making it worse cause he's taking money from the people who really need it the elderly and disabled. >> he hasn't done anything since he's opinion in office but increase the national debt with all his stimulus that haven't worked. >> if it will help repay my

loan, i'm all for it. money problems at two school districts could close up to seven schools. in oakland five elementary schools are in danger of closing. officials say the closures would save two million dollars a year. the meeting is at 5:00 at oakland technical school. two schools in jeopardy shannon and lake elementary that meeting about gets underway at 6:00 tonight. concord police are investigating high speed pursuit of a stolen truck that ended with a crash and the death of an innocent driver. police say the truck driver took off yesterday when police officers tried to pull the vehicle over when they spotted the driver talking on a cell phone. the pick-up crashed into a bmw killing the driver. the suspect in the stolen truck suffered major injuries. police recovered a gun from inside that pick-up. there's a settlement in a

class action discrimination lawsuit filed against the antioch police department in 2008. five plaintiffs accused the department's community action team of illegal searches and actively trying to get them disqualified from their low income housing subsidy. the attorney claims police were doing their jobs and responding to complaints. the plaintiffs agree to drop their suit in exchange for $180,000. the city attorney called the settlement a vindication, claiming it was far less than what the plaintiffs originally sought. more incredible rescues in turkey. police are -- people are still being pulled out of the rubble alive. new study raises questions m?<

a business pioneer who helped engineer the purchase of abc has passed at 82 in complications of diabetes. he worked with tom murphy they built cap cities and orchestrated a mergener 1986. it w was a move that stunned the business world because it was the first time one of the three major broadcast networks changed ownership. at the time the biggest acquisition outside the oil industry. in turkey moreries of

survivors. three days after a devastating 7.2 quake, two teachers and a university student were rescued alive from buildings. the searchers are afraid they don't have much hope finding anybody else alive. sunday's quake killed 461, injured more than 1300. the prime minister says shoddy construction contributed to the high death toll. he says some officials and builders ignored safety standards. debating over whether you should the flu shot? university of minnesota researchers say flu shots prevent flu in 59% of adults. more effective in kids. 83% of children 7 and under. dr. besser says it is difficult to determine the strain of flu each year. >> flu vaccine makers have to guess before the season what they think that with will be. some years it works well other

years not so well. beyond that most vaccines are more effective. measles 95% effect. they need a better approach for the flu vaccine and they are working on that. >> researchers still say the current vaccine is the best way to protect yourself forgetting sick that was just more information. >> to help you decide. >> yes >> numbers may help you decide whether to turn on the heater tonight. dropping overnight and i'll update you on the high fire dangers that continues for parts of the bay area. sure couples want their wedding to blow their guests away, right? certainly not like this. the wedding story you have to see, next. plus, happy ending for this san jose feline who disappeared more than two months ago at jfk airport in

watch what happens when a sandstorm blows through a wedding in arizona. this happened last month. they tried to exchange their vows things went a little crazy. the storm wouldn't stop but they persevered. they just started doing a ceremony where they pour two bottles of sands into one they

kept their cool and kept their clothes on except for the veil and wrapped up quickly. >> if they can weather that storm, they are good. folks in the yucatan of mexico are looking at a different storm. >> still hurricane season that's why it is so cheap to go to that area this tim. it is going to move off quickly. another extreme, how about snow in denver. high temperature monday was 80°. right now it is 29 with snow falling. they are going to get around six inches to possibly a foot, a couple feet in the mountains to the west. one of the more known ski areas nice layer of early season snow. here we are opposite only weather worries we have are the fire danger. other than that smooth sailing. but cool the next couple of nights all that dry air taking away includes that would keep us from dropping into the 30s

-- away clouds that would keep us from dropping into the 30s. you can see the offshore wind and the fact that it is taking all the clouds and keeping winds up. we had a 53 mile per hour wind gust on mount diablo one of reasons why we have the high fire danger. 70° in napa. so dry outside temperatures are going to jump neary 35 to 40° from our lows to highs the next cup of nights. -- the next couple of nights. sunny, dry and warm this afternoon. breezy in the hills, fire threat continues, clear and cool nights followed by sunny and mild days through this month into next month. everybody going up concord one degree warmer, san jose three, san francisco 7, santa rosa 10 warmer compared to yesterday

afternoon. high to our north, low to our south tightly packed together airflows from high to low pressure because they are so close accelerates that's the face winds we are dealing with. from now until 6:00 tomorrow morning still have the high fire danger. winds bring in this type of weather, low to mid 70s, low humidity from coasts to the inland valleys. same type of weather around the monterey bay, monterey 70 inland warm spot gilroy at 76. cooler across the state. tahoe sun and 48, mid 70s through most of the central valley. palm springs cooler 82°. 70 and sun in l.a. today. tonight check out these temperatures we'll be in the 30s livermore, fairfield, napa, cloverdale, everybody else in the 40s. you that i is impressive watch this forecast.

-- seven days of 40s at night, sunny afternoons near 70 at the coast, mid 70s around the bay. biggest change from yesterday, probably halloween warmer, less cloud cover. november 1st, looks like the end of october. nice smooth sailing in your forecast. feline feel good story. a cat lost at the airport in new york will be coming home in august jack the cat, escaped from his kennel when it fell at busy kennedy airport. the owner of san jose got a call from american airlines saying jack disappeared from baggage services. now seven weeks later, airport employees have found him in the customs room. jack has been checked out by a veterinarian. he's doing fine and should be flying home in the next day or two. >> i wonder how he go there. probably has friends. >> very smart i bet.

coming up at 4:00, where are the worst bacteria and viruses heading. the filthiest everyday objects we touch regularly. >> putting lung cancer screening to the test. one test works best at preventing death. those stories at 4:00 and 5:00. >> let's look at graphics

areas highlighted in red diablo range, east bay hills, north bay mountains above 1,000 feet where the highest fire danger will be from now through 6:00 tomorrow morning. once we get past that, no worries. you could still get sun burn this time of the year heading to the beaches, near 70 there. mid to upper 70s for the rest of us. thanks for joining us today. ho wants to be a millionaire next. >> keep track of the latest breaking news on twitter and

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