weaving youruld own shoes...by out of flax. or, simply adjust your thermostat. do your thing with energy upgrade california. live from the cbs bay area studios this is kpix 5 news. a gun scare on a freeway, driver reported seeing a man with a firearm. thank you for joining us. let's get back to jackie ward

who is live in and oakland. >> reporter: chp says they edr onto the f nortnd 880, d ama standing on top of his band waving a gun around, erratically. he told chp it was because his van broke down. we did see exactly where this happened on northbound 880 near 66th avenue. the van was cleared from the scene. traffic was slowed down tremendously at one point because of this and chp had to intermittently close down the freeway while they got this under control. when officers got here they held the suspect at gunpoint and were able to de-escalate the situation fairly quickly without incident. what turned out to be a bb gun, not a handgun was tucked into the man's waistband. >> he made some statements that he was fearful that he was going to get hit by traffic, so

his bb gun.>> reporter: this ce confiscated as you can see, it is very hard to tell that is not a handgun. officer said the resemblance to a real firearm is remarkable. some people who called into chp said gunshots were fired but they confirmed that no shots were ever fired and the situation was resolved peacefully. right now the suspect is going into a local hospital for a 72 hour psych evaluation. other top stories this afternoon, a red flag warning right now there are high fired ages in the bay area. let's check in with mary who has the latest on the conditions. i just checked, the mass wind gusts and impressive strong winds out there, 62 mile- per-hour winds at mount saint helena, 53 mile wind gusts at mount diablo. we continue to see it is strong wind headed through the rest of

the afternoon tonight into tomorrow morning. red warning in effect now until tomorrow morning for the north bay and east bay hills. sustained wind at 20 to 30 miles per hour and lower humidity values, and we will continue to watch the relative humidity values drop as we go through the day. wind right now is 12 miles per hour in half moon bay. 14 for san rafael. as we had through tonight, we will see the wind picked up. we are not done yet with the very strong wind, dry, gusty offshore wind. low relative humidity values so extreme fire danger. we will talk about when we will see the wind ease and when the high fire danger not as bad as what we are seeing now. we'll also talk about the rest of the work week ahead, coming up. as of right now,

pg&e says it will not shut off electricity to customers in high risk areas at up fermented of measure. -- at a preventative measure. this just in, notorious bostobbowakilled this morning at a person in the jail.s r 16 years. he was given two life sentences was five years for his crimes which included 11 murders. he was 89 years old. president donald trump is promising a controversial immigration order that would change the constitution. reporter angelica brings up the plan. >> reporter: in an interview president donald trump said he believes he has the executive power to end birthright citizenship. president donald trump is preparing to challenge a 150 year old constitutional standard that anyone born in america, he comes an american citizen. the president the orto remove the right to

citizenship for babies of noncitizens and unauthorized immigrants born on united states soil. >> we are the only country in the world, where a person comes in, has a baby and the baby is united states for 85 years with those benefits. it's ridiculous. >> reporter: the 14th amendment passed after the civil war specifically states all persons, born or naturalized in the united states, are citizens. the president did not offer any timetable and when he would sign the order which would almost certainly be challenged in the courts.>> i think it's a legally dubious claim but he said i've got people that say i can. by the way, he has staff in the courts that are very conservative. >> reporter: the trump administration is also launching a major military operation on the united states mexico border to prevent a caravan of refugees from entering the united states. as part of operation faithful

patriot, the pentagon is sending more than 5200 troops to the southwest border. in addition to the more than 2000 national guard already deployed there. the president said last that he also plans tent cities to hold immigrants while they apply for asylum in the united states. this news comes that we are one week away from midterm elections. immigration being a top issue for republicans. meantime we caught up with oakland mayor today about the president's plans. the mayor said that it won't go down without a fight. >> the president's latest ridiculousness is just more evidence of how racist this agenda is. and we, as oakland errs, will stand together. as our unity, as the interconnectedness. >> she added that is the

diversity of oakland that makes the bay area president donald trump and the first lady are on their way to pittsburgh, pennsylvania this afternoon. they boarded air force onen e h pathr respects to the victims of the synagogue shooting. funerals for several of the 11 victims began today. embers of the pittsburgh steelers were among the mourners. several city leaders have said that they will not they focus their community. pittsburgh mayor says he is concerned of the presidential visit is too soon. >> the last thing i want to see is while these families are burying those that they lost, that there are protests and the streets being close and other things that are taking away from the most important thing that we can do, which is honoring the dead. >> the remaining eight victims will be buried in the next few days. it is tradition for jewish people to be buried as quickly

as possible but because of the investigation, families had to wait several days. suspected gunmen robert bowers was in a wheelchair in his court appearance after. fmerochars the h penalty. back in a bart is re id this happened on the train d from fremont to richmond and the man is identified as patrick bingham. he faces exhibiting a deadly weapon. city leaders are celebrating the opening of its second rapid rehousing facility. it was a vacant building on west grand almost turned into a hotel and in the city of oakland bought it. it's been $7 million fixing of the 70 units inside come up to 180 people a year can live there. >> tonight the city council has a resolution before it, that if passed, will mean that during this entire year, we will have

added nearly 1000 shelter beds and safe parking spaces for an sheltered spaces. >> the city's intention is to make this short term housing and placement into permanent housing, statistics show that 80% of people who take part and up and permanent housing. it's been more than a year since deadly wildfires tore through wine country and now city officials are speaking about why homeowners are struggling with insurance coverage, to rebuild. right now the assembly and senate insurance committees are taking testimony from experts and community members in napa to discuss wildfire impacts and how to move forward. according to one attorney, the quick turnover of adjusters is what is has -- hot in the insurance process. >> every time you get a new adjuster, you've got to reeducate the adjuster on what is going on with the file. and time is lost. and frankly, it is to the detriment of the insured.

>> officials also some homeowners aren't aware of their policy rights upfront about 9000 homes were destroyed last fall. more bay area news from an investigation is underway after three-year-old was shot in east oakland. happened last night. police searched the home all night, looking for evidence.>> we do know that the incident happened inside the home, there was an unsecured firearm inside the home.>> just a couple of hours ago, the mayor said that the three-year-old is still in the hospital and hanging onto his life. is south san francisco family says it is a miracle no one was hurt when an early- morning fire ripped through their home. the fire started just after 1 am on fairway drive. the people who live there say they were asleep when the fire started. one of the residents said she smelled smoke and thought maybe someone burned something in the kitchen but

you got to check, she saw the flames.>> i thought a garage already on fire so i called 911. >> eight people including three children were inside the house when the fire started. all were able to make it out safely, firefighters are still trying to figure out what caused the fire. a little bit of a bounce back on wall street after some losses yesterday, the dow is up more than 300 points right now. we are a day away from halloween but there's a new push to change the dates of the holiday. how parents and kids want to maximize the fun and safety before trick-or-treating. we are now seeing the latest gadgets that apple has revealed. among them, a new macbook air. ac...e auth ban osauls... t pushed the desert protection act through congress, and steered billions of federal dollars to california projects such as subway construction and wildfire restoration." "she... played an important role in fighting off

...trump's efforts to kill the affordable care act." california news papers endorse dianne feinstein for us senate. california values senator dianne feinstein four years ago, we rejected marshall tuck and his billionaire backers for superintendent of public instruction. but they're back. the corporate billionaires and their handpicked candidate, former wall street banker marshall tuck. tuck's billionaires have spent over $25 million distorting tony thurmond's outstanding record on education. all because they know tuck shares their agenda: diverting funds from our public schools into their corporate charter schools. the same agenda as trump and betsy devos. protect our public schools. say no, again, to marshall tuck.

is one week until election day and that two candidates for governor are in san francisco today. gavin newsom and john cox were the guests of honor at willie brown's breakfast this morning. both men had a chance to speak well john cox voiced his opinions on what is wrong with calvin, gavin newsom said he sees a much different version. >> the highest poverty rate in the country. 25% of the nation's homeless, and absolute national tragedy in this state. i want to make a case.>> consider the average gdp growth over the last four years is 3.7%.>> today trenton five

conducted a seven-day bus tour but he's headed to merced to speak with students and phone banking in bakersfield tonight. tune in tonight on the news at 5 pm and 6 pm to hear more from the candidates. today is also the final day to request a vote by mail ballot. after today, you will make a request in person at your counties vote center and as a reminder, completed mail ballots must be postmarked on or before election day and must be received by friday november 9. stay up-to-date on all the state and local races had to our website, kpix.com . the wait is finally over for apple fans, after years of going without a major update, the new and improved macbook air has finally landed. take a look at the new devices they viewed -- debuted today. it has a 13.3 inches retina

display with more than 4 million pixels of resolution. officials say the new macbook air is the in his computer yet filled with plenty of new features. >> every part of the product has been redesigned and reengineered. every detail has remarkably precise fit and finish. and everything you see and touch, has been carefully refined. >> preorders kickoff for the new macbook air this afternoon. price tag? $1200. a new push to change the date of halloween to make it always fall on a saturday. the custom association organize this potential. 70% of children do not accompany their children and 3800 people are injured in halloween related incidents. they say that changing the holiday to a saturday would make it safer and easier for parents to take part.>> often times parents are th are trying to get the kids fed and in their costumes and out the door. if it was on a saturday that

would eliminate all of that. >> retro holidays have been moved before and changed in the 1960's congress moved george washington's birthday and labor day to monday. so people could conveniently observe a three-day weekend but halloween is not a federal holiday and likely want to become one.>> they are expensive for the federal meant to declare a federal holiday so i don't see anytime soon, a new holiday for halloween. >> many of those who oppose the change argue that halloween is rooted in lung and historical tradition because of that, the date should not change. let the debate begin. >> i mean, october 31 just sounds creepy. it sounds spooky to me. needs to stay that way. it could be the most morbid way of all to celebrate all hallows eve. check out a behind-the-scenes tour of the bay area coroner's office.

take a look, tours are given every 10 minutes today from now until 6 pm. at the san mateo county coroner office on tower road. they put on the event every year and this year's theme is, pirates. pirates. they have dna type activiene. is kind of cool. let's show you a look outside you can see the sunshine on the life camera. you can see mount diablo and caulking some very impressive strong wind. 53 miles per hour wind gusts. they will see some gusty winds as they go through the day and especially by tonight here are the temperatures warming up. 63 san francisco, 66 li

san jose and oakland. 71 concord we will see those temperatures rise as we h id relative humidity, lk we've been watching this drop and we will continue to see this lower throughout the day. 25% concord, 21% of fairfield as 28%. we are going to see dry conditions as we go through today. that's all thanks to offshore wind. a ridge of high pressure will build and expand for us and we are looking at offshore wind that will continue over the next several days. future cast will show you sunshine, not just for the bay area and in the location but for the coast as well. that will be the case for the next few days for that's thanks to the strong ridge of high pressure, this blocking ridge preventing any low-pressure systems from coming our way and bring in the rainsford we will stay dry

daytime highs today above average for this time of year. 71 san francisco, 73 redwood city 80 the seven forecast, we warm up even more over ys from halloween, talking mid 80s and then for thursday, even warmer steel. -- even warmer still. trick-or-treaters, will have clear and cool weather.

the bay area is known for technological innovations. 60 years ago more than 1 million viewers watched a major milestone on tv. a team of surgeons and kpix 5 and this boy from oakland made history. >> it was on the leading edge of surgical medicine him and nothing like it had happened in san francisco television or national television. >> to save a boy, the event that captivated the bay area, join us tonight at 11 pm. join us tonight at 11 pm. we will be right back.-sch ,e b. in the public schools i led, we got more funding into our classrooms, supported our teachers, and we raised graduation rates by 60%.

that's why president obama's education secretary endorses me. ' d before.-schooent incali. i'm marshall tuck. i'm running for state superintendent.

that will do it for kpix 5 news at noon. we ran out of time. goodbye and i hope you enjoy your tuesday.

♪ [ elevator bell dings ] >> katie: hey. >> wyatt: that's another close call. >> katie: yeah. i guess bill has a guardian angel on his shoulders. >> liam: where's brooke? >> thorne: she's, uh, back in there with bill. >> ridge: [ sighs ] we shouldn't have gone over to spencer's. >> thorne: i disagree. he needed to hear us out. >> ridge: yeah. and here we are. and brooke is in there with bill. >> brooke: i know how serious a concussion is, but it could have been worse. thank god it wasn't. >> bill: yeah, i've been