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oakland's former police chief says he has been vindicated after being fired by the mayor earlier this year. new details on the report which he says clears his name. finger pointing and possible boycotts over who is responsible for oakland missing out on millions from the state to fight crime. >> there will be consequences that will be taken. as new numbers paint a clear picture of the growing fentanyl epidemic in san francisco, the city rolls out a new tool to combat the rising deaths. good afternoon, i'm he luis say bet cook. developing news out of oakland. a new report finds that low ron armstrong should not have been fired, something that his supporters say they new all along. >> we want to make an

announcement today from a reliable source the chief did nothing wrong. he is innocent. bring him back home. it's time for his to come home and do what he need to do for oakland. >> that report was just released about an hour ago. mack mack has been digging into it. >> reporter: he and his lawyer say he has been vindicated. he will exhaust all his legal options and that he would be opening to coming back as chief. >> the people of oakland deserve to know that the son of the city did not violate -- undermine their trust. >> he says a new 50-plus page report proves that. it comes from a judge who heard his official appeal on his termination from last february. armstrong and his lawyer won't show us the report because it involves personnel information and other city employees but they say it concludes there was no factual basis for his discipline. he was fired in january after a report detailed

his actions following a police sergeant hit-and-run crash. that report by an independent police monitor said armstrong signed off on the findings without reviewing them or fully discussing the incident. armstrong said that was inaccurate and his firing was retaliatory for his speaking out against it. >> i did not engage in policy violations. i did not have any issues around credibility in the statements that were made regarding me and that investigation. they were unfounded. >> reporter: oakland's mayor sent out a statement saying he failed to stand up for accountability at opd saying my decision was based on mr. armstrong's knee jerk response to the outside investigator's report and poor judgment. while the law prevents me from discussing the details, neither my administration or the federal court agreed with mr. armstrong that the findings could be written off as mistakes. the search for the next

police chief in oakland continues. the city held community forums last month. the mayor is waiting for the police commission to present her with three candidates to pick. from she said she would call a state of emergency if the commission doesn't provide the names by the end of the year. an ongoing saga. >> it is. not over yet. thanks so much. we brought you armstrong's news conference live on our streaming service, cbs news bay area. you can find us any time, anywhere on the free cbs news app. also, frustrations and finger mounting after oakland misses out on money to help fight crime. this is after a violent weekend in oakland. police say there were two shootings, one of them was deadly. a mother was struck and killed by a stray bullet lying on the couch in her own home. today oakland's naacp, chinatown community leaders and church activists called out the city after missing the deadline to receive millions in state

crime fighting funds. >> so, we got reason to believe or better yet, reason to question whether this was a product of somebody missing a deadline, not paying attention or a decision not to seek the funds. what is going on in oakland is a civil rights issue. the buck stops with the mayor. this is the mayor's fault. it stops with the mayor. we need to hear from the mayor. >> for her part, the mayor was asked about the city missing the deadline following a port of oakland event today. >> i'm infuriated and frustrated that, you know, city staff missed the deadline. but to assume and put out false information that somehow we didn't want to get it, that is utter bs. we are putting in

parameters so something like this never happens again. >> the mayor said there will be consequences but it's up to the city administrator to decide. turning to the fentanyl epidemic. this afternoon a clearer picture of the deadly toll it has taken on san francisco. health officials say 84 people died from accidental overdoses in the city in august alone. that's nearly three deaths per day. that number up from july when 74 people died from a drug overdose. today the city is launching a dashboard to track the fentanyl epidemic, updated every month and the number of deaths and the number of people entering treatment and the amount of narcan given out. >> the key things we want people to understand is that recovery is possible. treatment is available through a number of sites across the city. that we have evidence based treatments and that we are degree everything we can to prevent more overdose deaths.

>> health officials say 470 people have entered drug treatment programs this year alone. they expanded hours at some of the clinics. in the meantime, california will require schools to have emergency plans when it comes to dealing with fentanyl. this is part of the newly passed melanie's law. it's named for a 15-year-old girl that accidentally overdosed at school. it as authored by a state senator. it will make narcan more available to schools. israeli prime minister benjamin netanyahu made a stop in the bay area today. here he is landing at mineta san who satisfy airport. the conversation took a turn when the prime minister asked musk to role back antisemitism on x. >> it's the foundation of

democracy. i know your opposition to antisemitism, spoken about it and tweeted about it. i hope you find within the confines of the first amendment the ability to stop not only antisemitism or roll it back as best you can but any collective hatred of the people that antisemitism represents. >> obviously i'm against antisemitism, i'm against really anti-anything that pro moments hate and conflict. i'm in favor of that which helps society and takes us to a better future. >> musk said while they want promote hate speech, he believes free speech means people will say things that you don't like. here is union square in san francisco. people gathered to protest netanyahu's visit. protests have been going on in israeli for 37 weeks. they are speaking out against proposed judicial reforms. the prime

minister will head to the u.n. general assembly in new york. while there, he will meet with president joe biden. several wrongfully detained americans are finally free and on their way back to the u.s. this follows a high stakes exchange between the biden administration and iran that included a multibillion dollar deal. skyler henry has details. >> reporter: president biden spoke on the phone with the five americans who were freed from an iranian prison after they arrived in qatar, monday. they were let go along with two more people who were prevented from leaving iran. they are heading for washington, d.c., soon to reunite with family. >> these americans are now free after having endured something that i think most of us can't possibly imagine. >> the biden administration agreed to a deal in august clearing $6 billion in frozen iranian oil funds and

transferring the money from south korea to switzerland then a bank in qatar. officials insist there are guardrails on how the money can be used and won't be accessible to support terrorism or iran's nuclear program. >> president biden has been cleared he is committed to ensuring that iran never acquires a nuclear weapon. >> reporter: the biden administration reiterated that the money will be severely restricted, some lawmakers on capitol hill say they are concerned that any financial relief will incentivize future hostage taking. >> $6 billion of released funds will make it far more expensive for every single american traveling abroad. a bad decision. we thank god that those folks are coming home. >> reporter: president biden grand clemency to five iranians who were facing charges in the u.s. for nonviolent crimes. two have legal status in america have chosen to stay in the country. the white house says president biden held an emotional call with the

american citizens who are finally returning home. each of the family members who joined the call spoke to the president. coming up next, bald eagles in danger of being forced out by bart in the east bay. details on the effort to the save their trees and the tight timeline they have to do it. the 49ers have two wins under their belt when the head coach had to say after taking down the rival rams.

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bart is facing pressure to reconsider trees cut down in fremont that may be a safety hazard. that is coming from bird watchers. they are concerned about a couple of bald eagles in the area. >> i thought i need to bring a camera down here. then i got a bigger camera and bigger camera. i love watching them. they are just beautiful animals. >> reporter: christine wilson and dan sarca spent the past seven years watching and photographing and being happily in awe of this remarkable feature of the fremont quarry lake area. >> this was this morning. >> this is a photo i took yesterday morning at 7:00 on alameda creek. it's really cool. >> one of your neighbors. >> yes. >> reporter: so, they were

alarmed when bart started taking down trees in the area, trees that these bald eagles have been using in some capacity though not necessarily for nesting. bart director liz aims heard about the concerns and decided to come down and take a look for herself. >> the eagle comes from over here. and he circles once. i didn't have my phone with me. i wasn't prepared for this. anyway, i got my phone and i got the last circle. >> reporter: she too saw the eagles. she is asking bart to hit the brakes owned the trimming. these trees are considered a fall hazard during strong storms but aims is hoping that those plans can be adjusted. >> there are trees by the tracks. that to me is more of a hard satellite and radar than these trees over here where the eagles were roasting. >> reporter: the bald eagles have not landed in the trees by

accident. no, they have shruddly picked the highest perch with the best view of another wildlife story we have been following in recent years and that is the alameda creek fish later. >> they come out of these two areas. this is a stop on their way to cory lakes. >> i have never seen -- in the wilderness. i have never seen an eagle. this is fremont. i thought this was astounding. >> reporter: if more is learned about the eagles connection to the trees, there could be a stronger case for protecting them, but for now bart is following all state and federal requirements and the trees might go. >> cutting down the trees, it would be a shame. they hunt from here and feed here. it just -- it would be so sad really. i love everything about them. they are incredible birds. >> reporter: now, what happens

next? bart has paused the removal by a week. the agency says it's looking at different options for how to proceed and whether some of the trees can be saved. what happens to them is an open question. a lot of people including one bart director are hoping that something can be saved at least enough to help these amazing birds remain a fixture in this corner of fremont. a live look outside at san francisco. gorgeous day right now. it's a foggy start to the day. first alert meteorologist jessica burch has a look at the afternoon forecast. >> we are kicking off nice and mild. a hair below average today. low pressure is parked offshore, not impacting us too much. the marine layer is stubborn on the coastline. we will continue to see the trend into the evening hours tonight. a break but then just like

clockwork around dinnertime, it will wrap the peninsula, cloudy skies near san francisco and that will make its way over to the bay bridge, too. we are dealing with daytime highs about five below average. where does that put us? let's start in the north bay. 70s for us from santa rosa to napa and novato. in areas like san francisco we warm up to the upper 60s. we crank it up a bit more into the weekend forecast. the first day of fall is around the corner, too. we are expecting 70s and 80s today throughout the santa clara valley. more 80s into the east. as we head closer to the first day of fall, this weather will get interesting. in our seven day models, depending on where you live. inland east bay, 80s and 70s flirting back and forth to kick off the week. suddenly we talk about upper 80s into the weekend forecast. the first day of fall on friday, it feels

more summer-like, right? all the micro climb pants are doing something different. here is what we are looking at for areas close to the bay. 70s and 60s for us for the most part across the bay bridge to oakland and san francisco. we stay nice and cool to kick off the week. unlike the inland areas, clouds will hold on tight to the bay. a quick look on the coast? i'm sure you can guest. the coast forecast year-round in the 60s with partly cloudy skies. that's what we are dealing with heading into this weekend. what is interesting, we will warm up closer to the 70s in time to kick off the first day of fall. we will keep you updated on the first alert forecast. now back to you. >> thank you. the 49ers took care of business in los angeles and remain undefeated after a week two win against the rams. vern glenn breaks it down for us. >> reporter: the 49ers lead the

nfc west with 2-0 after a road win over the l.a. rams. it wasn't as easy as some may have thought. it took all four quarters for the 49ers to take care of business. when they needed a knock out punch, they want to samuels who found the end zone off a screen pass to put the niners up 10. san francisco won the last nine regular meetings against the rams. they know it's never easy. >> the games are consistent when we play the rams. incredibly physical. they don't always look the prettiest. guys make plays when their numbers are called. >> changed some players from the past but there are hall of famers out there playing at a high level. >> we have a long way to go. we did last week, too. hopefully it continues to get better throughout the year. still ahead, lowrider cruising is one stop away from becoming legal across

california. how long the governor has to sign the bill into law.

a lowrider parade was held on mission street this weekend. they celebrated the independence of multiple latin american countries. low riding cruising is one step away from becoming legal statewide. stacy juchno lifted the ban last year. sacramento and modesto have lifted their own bands. but cruising is still illegal in other parts of the state. a bill on the governor's desk would legalize it across california. lowrider say it represents a piece of their culture. >> i don't want to be seen that that is a woman that low rides. i want to be seen as an equal. equality and unity is what represents the low riding community. >> it would remove restrictions on lowering cars. the governor

has until october 15th to sign it into law. earlier this month, hundreds of lowrider parked in front of stacy juchno city hall for lowrider day. they hope it will become an annual tradition. and latinos took a big hit with covid in the bay area. now a new report card from the hispanic foundation of silicon valley shows proof of how crippling the pandemic was to the community. according to the report, latinos are falling further behind nonlatinos in financial stability, housing, health and education scoring mostly ds and cs. taking a closer look, half of latino families reported technology barriers to education during the shut down. that is compared to about a third of nonlatinos. higher numbers of covid isolation and work stress are

doubling numbers of latinos without food or health care that were reported. >> this was my report card, i would hide it from my parents. >> it says this is the state of affairs. this is the level of quality of life for almost 80% of the general population for santa clara and san mateo counties. >> there was good news. it shows latino households earning more than $100,000 a year rose by 35%. we will have more on the latino report card tonight at 5:00. still ahead, how a driver found a 7-foot long surprise under the hood of their car.

do you know the bay area is home to the world's oldest fish. you have to see this thing. how old it is and where you can visit it. that's today at 5:00 with ryan yamamoto and myself on kpix 5. and more than $600 million are up for grabs in the powerball drawing. that's the third largest pot of the year with one drawing bringing in more than a billion dollars. the next drawing is tonight. what would you do if you found this under the hood of your car? police say a driver in wisconsin found this jungle carpet python. the driver called wildlife sanctuary then drove carefully to the sanctuary four miles away with

the snake still under the hood. luckily they made it their safely and the snake is being cared for at the rescue. it's unclear where it came from. permits are required for exotic animals in the area but police say they don't know of any permits for that particular python. hopefully it's in a happier home. "cbs evening news" is up next on ♪ ♪ 's be on five american set to arrive back home tonight after a prisoner swap with iran trading $6 billion in prose and funds fr freedom. the new details we are just learning. here are tonight's headlines. ♪ ♪ arm and arm and had hugging on the tarmac, the gratitude from the families, criticism from others and the risky deal made. >> a person of interest has been detained in the fatal shooting