welcome to "mornings on 2." i'm dave clark. >> i'm claudine wong. tori campbell has the day off. it's tuesday, august 3rd. oping our news this morning, there are no reported delays on ac transit at this hour. but the transit agency is warning riders that they could seek cuts to service in the next few weeks. jade hernandez is live with more. >> reporter: we just spoke to ac transit's spokesman this morning. he told me he's looking into whether or not there are any delays on their service. right now, we haven't heard of any. now we do know that their board of directors will wait to appeal. they will not make a decision about appealing this judge's decision until august 18th. that's their next regularly scheduled board meeting. it may take a while for bus

drivers to go back to their regular bus schedules. but we haven't heard, ace mention -- as i mentioned of any delays. that's good word for drivers. we have an ac transit spokesman looking into that for us. riders are seeing delays. 15% to 20% of drivers have been calling in sick daily. now ac transit now washes riders -- now warns riders that they may seek service cuts by the end of the month. they say without a working contract, the deficit will grow by $300,000 a month. the agency said they needed a contract in place in order to save the budget deficit.

a judge ruled this matter would have to go into arbitration. yesterday, a superior court judge ruled to lift that contract. now, drivers this morning did not want to talk on camera but were enthusiastic about with the union's latest win in court. >> woohoo! we made it! all right! >> reporter: despite a judge's decision back in early july for arbitration. neither side has sat down to agree to negotiate. cong up on "mornings on 2," you will hear from ac transit and the union's president this morning. jade hernandez, ktvu channel 2 news. >> thank you, jade. we are he's following -- we're following developing news from connecticut. police have responded to a workplace shooting at a beer distribution warehouse. you are looking at these pictures here. three people have been shot. they've been rushed to the

hospitals. we're told one of the victims is in critical condition. ap executive for the company says the gunman is aen employee -- is an employee who had been called in to resign. we're watching this situation as best we can. we will bring you more information as it becomes available. back here at home, san rafael police just released more information about a sexual assault in a popular park. now, this happened in terra linda's munson park. kraig debro has more. >> reporter: good morning. police are working on getting leads. but they say this is a stranger- on-stranger rape. they say this is very rare. they say the victim was walking home when it happened. >> the suspect came up behind

her and had a knife and forced her to the ground and he fled and she went to her home and called us to her home. >> reporter: this is where the assault took place. it's called munson park. it's located in the community of terra linda. we recorded this videotape this morning. a park doesn't have its own lighting but in addition to the lack of light, there are a number of trees and plans. there are also homes on either side of the park. the couple we spoke with lives in one of those homes. they say they were -- they said they were watching tv but didn't hear a thing. >> the startling thing is we didn't hear anything. you know, there's to noise whatsoever. we would have heard them -- but nothing. >> reporter: the lack of light may be one reason the park is closed after sunset. there are bus stops along the parkway. it's easy to see how the park could be used as a shortcut.

police are working on possibly getting a sketch of this suspect in this case. right now he's described as a white or hispanic male, about 6 feet weighing about 250-pounds. i asked a spokesperson a few minutes ago if the victim saw the person's face. that was something she would not release to me. but they are working on a sketch. so at least they have something to do go on. reporting live in san rafael, kraig debro, ktvu channel 2 news. >> oakland police are investigating an overnight shooting at a housing complex on leona drive. there were three adults inside. no one was injured. officers pulled over the vehicle that matched the description that left the screen later. two are in custody with warrants. police say the victims are not

cooperating. participating cities will host block parties with food and -- in the national nightout event. east palo alto is having their own parade. it will start from st. john's church. the precession will continue through the city, passing by several block parties before ending at joel davis park. 7:07. well, the parents at trace elementary school? san jose are pushing for a new state law that would force the san jose unified school district and others to install fire sprinklers and automatic fire alarms whenever schools are remodeled from now on. the frustration is coming from this big fire at the school last month. it caused an estimated $10 million in damage forcing the

installation of portable classrooms. right now, the law mankates sprinklers be put in any new scale but remodels are exempt. we have an update on a story we've been telling you about from petaluma. police just tell us that petaluma boulevard north is back open after that big water main break overnight. the rupture was reported about 8:30 last night. crews have been out there makicking -- making the repairs between western avenue and eastern washington before where the roady buckled because of the road. the road was buckling. let's out to sal for a look at the roads. >> right now traffic is doing pretty well around the bay area. as a matter of fact, it's -- it is normal commute slow. we'll start off in contra costa county. now traffic is looking pretty

good if you are driving on highway 4. as a matter of fact, it's not a bad commute. this morning's commute at the bay bridge really has been great. it's backed up very little. i'm not even sure if the metering lights are on but even if they are, you will be waiting for a little bit. if you are driving on 237, that's kind of the exception. we had a motorcycle accident on 237 at 101 right there. not major injuries but the fire department came out along with paramedics just to check out the driver of that motorcycle. it did cause a backup. you can see it from here all the away out to 101. most of that drive is stop and go. here's steve. good morning to you all. foggy conditions, a little bit more fog. high pressure is giving us a one-day warmup. not much. the wind at travis air force base yesterday at this time was 30. this morning it's 17. that's a big difference. also some warmer air in the higher elevations. tropical clouds begin to move into southern california. but for us, it's a almost bit

more in the way of fog. what's new? we've been just locked in. can't get out of this pattern for right now. 52 in san francisco. 55. we'll go to 62 which is one degree warmer than yesterday. that's still below average. they should be 6 degrees. 1998 all of the records on this panel were set on this date. i don't remember. i don't remember. oakland, 89. 106 in santa rosa. mountain view is 95. san jose was 103. the reason why i don't remember those is because i was in denver. that's why. that's why. probably talking about thunderstorms. but that's another story. 70 at mount tam. 70. two degrees warmer than yesterday. slightly warmer air aloft, less of a sea breeze at travis. by the coast it probably won't happen. mill valley and larkspur, 51. crockett, 54. los altos and menlo park 57.

. >> fog, cool. drier air has moved in. fog, drizzle, sun. fairfield, 85 yesterday. i will go today. antioch/brentwood 90. around the bay two to three degrees cooler. cooler weather moves in. that will give us a cooling trend thursday and friday. there was a big earthquake this morning in eastern indonesia. it was a magnitude 6.5 centered out in the ocean. there's no word yet of any injuries or damages. the nearest city is about 110

miles away from that epicenter. indonesia sits on a series of fault lines which makes it one of the most earthquake-present areas in the world. for the first time we hear from johannes mehserle's father. we're finding now information about the criminal history of the man arrested after a hit-and-run spree in danville. find out what you will have to do when you go through the body scanners in place at one bay area airport.

time now, 7:14. welcome back. good morning to you. today in the glum, the bp

engineers -- gulf of mexico, the bp engineers will run one more test before they seal. if this holds up, they will spend today through thursday pumping in heavy mud down that well and then finish sealing it up from the top end with concrete. the same thing would happen from the bottom of that well in a couple of weeks. right now, the only thing that's keeping oil from spilling into the gulf again is a temporary cap that seems to be holding. it's been holding for more than two weeks now. today, the full u.s. senate is going to start debating the nomination of elena kagan is the supreme court. her confirmation vote is expected by the end of the week. alison burns is live in our washington, d.c. newsroom with the very latest. good morning, alison. >> reporter: good morning, claudine. some singing words are opening

this morning's debate on elena kagan's supreme court nomination. let's take a live look now. this is the senate floor where we are expecting two days of debate. here's what we have heard in the past half hour, both before or against her. >> i believe she does not have the gifts or qualities of mind or terment that one must have to be a justice and worse still, she possesses a judicial philosophy that does not properly value, discipline, restraint and rigorous, intellect. >> she's demonstrated her respect for the rule of law. >> reporter: now at 50 years old, kagan would become the youngest justice on the supreme court and the third woman despite the fierce criticism from republicans, she's expected to be confirmed on thursday or friday.

both of california's senators have said they will support her. alison burns, ktvu channel 2 news. >> thank you, alison. the house ethics committee has announced max even water will face charges in her role for steering funds to a bank to which she is personally connected. she's accuser of requesting federal help for a bank in southern california where her husband was a board member. waters denies the allegations saying she's done nothing wrong. these accusations come after charles rangel was charged with ethics violations. president obama says she's sticking with his promise to end the u.s. combat mission in iraq at the end of the month. >> our commitment in iraq is changing, from a military effort led by our troops to a civilian effort led by our diplomats. >> now, the president said that before a group of disabled veterans in georgia. when president obama took office, there were 1 144,000

troops in iraq. but august 31st that number will be back to 50,000. their job now is to train iraqis, not fight. new body scanners for tighter security are going into place today at oakland international airport. the tsa will roll out the first body scanners in terminal 1, paid for with federal stimulus money. pass yers don't have to go through the body scanners but if you don't you will have to go through a standard metal detector and submit to a patdown. a man arrested in the oakland protest in the johannes mehserle verdict has agreed to a plea deal. 35-year-old tyrone moore was arrested after police say they found a molotov cook tame in his car. police also reportedly found heroin but officials dropped the drug charges as part of the deal for a reduced sentence. he faces up to a year in the county jail and five years probation, instead of six years.

he will be sentenced in november. we're also finding out and hearing for the first time of the father of former b.a.r.t. police officer, johannes mehserle. todd mehserle was one of a dozen in a rally yesterday in support of his son. last month, johannes mehserle was convicted of involuntary manslaughter for the shooting death of unarmed b.a.r.t. passenger oscar grant last year. todd mehserle tearfully said his son is doing okay behind bars in los angeles as he waits to be sentenced. >> he's in the wrong place. we love him dearly. grew up to be anything he wanted to be. he chose public service. and this is his thanks for making a mistake. >> now, there was no organized opposition at yesterday's gathering. organizers say they plan to hold more of these rallies throughout the bay area before johannes mehserle is sentenced

in november. now, the raw, unedited tape with todd mehserle is available at ktvu.com. we're learning about the man arrested after a hit-and- run spree. the brother of nate schierholtz had been arrested before for drunk driving. they say he was convicted of a dui -- for a dui in 17. details of that are not available. now, in this spree, he hit two vehicles, a pedestrian, a motorcycle, and a light pole. still ahead -- local authorities made a surprising arrest. coming up we'll fell you what they -- tell you what they

found a 12-year-old boy doing. good morning. northbound and southbound interstate 80. you sigh the -- you see the live pictures? traffic is not bad. i will tell you more about the trouble spots coming up.

san francisco is considering adding a fee to all alcoholic beverages sold in the city. the money raised would help san francisco $17 million costs in treating abusers. support say it would add about a nickel to the cost of the average drink but opponents say

it would be much more mon -- than -- much more than that. alameda county sheriff deputies arrested a 12-year-old boy suspected of driving a stolen car. now, police responded to reports of a suspicious vehicle blocking a driveway in san leandro. after a vehicle check, it revealed that car had been stolen from el cerrito. the deputies tried to stop the driver of the young boy, finally did at 166th avenue and l street. he was arrested on suspicion of stealing that car, evading police and being in possession of stolen property. all right. 7:24. let's head out to sal, who is checking the livermore valley. hi, sal. >> hey, claudine and dave. good morning to you. right now. >> traffic is moving along relatively well around the bay area. as a matter of fact, the livermore valley a little bit of slow traffic coming in on the altamont pass which is always the case with that heavy

truck traffic. you you can see traffic improves and it's good at that point to castro valley. across the bay in san mateo, redwood city, it's also an easy commute. live pictures now showing us that traffic is going 20 be -- going to be slow on 237 this morning. a couple of earlier problems have made that commute not very good. if you are driving at the bay bridge. i would say it's very good westbound. 7:25. here's steve. sal, thank you. low clouds and fog greet us again on this tuesday morning. most of that is pushed. everyone else, like san jose here, fog, fog. it's a lot closer than the -- on the deck. tropical clouds, monsoon moisture continues to stream up into southern california, southern nevada, also into arizona. if you are heading down in that direction, keep an eye to the

sky. a very strong low will dig into the pacific west. seattle is talking about this rain by friday and saturday. for us it will be a cooling trend. 62. they should be 6 this time of year. inland will see some upper 80s and low 90s. 60s, 70s. once the fog burns off, my forecast high is there. a lot going on to the south and a lot going on to the north. fog, drizzle gives way to sun, cool by the coast but a little bit warmer away from the coast today. highs upper 80s to low 90s. 60s and 70s. if you were 72 or 7 today, more like 75, 7 today. more fog but a pretty good dealing -- pretty good cooling trend comes in. california's gubernatorial

contest is being called the most expensive in history. up next, find out what each candidate has spent up until this point and how much is helping hem in the big race.

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the san francisco board of supervisors is expected to vote today on fighting crime on muni. allie rasmus is ginning us live with new types they are considering. >> reporter: good morning. those fines would be part of an ordinance and here's what the ordy -- and here's what the ordinance would do. if you are around the platform carrying a concealed weapon, you could face $1,000 fine. the same penalty would apply for anyone caught aggressively pursuing or harassing another muni passenger. right now, the fines are $500 per violation. go had if the board approves

this ordinance, the fines would double. now, some muni riders say they like the idea. >> should be able to ride public transportation without having fear of bodily harm. my goodness. >> you think it's a good idea. >> yeah, that would be a good idea. >> reporter: but other people we talked to this morning seemed kept cal about how effective a stiffer penalty would actually be. >> sure. i agree with it. but i'm not sure how -- about enforcing it. >> it's only a band-aid on the problem. >> reporter: now, the proposed ordinance comes after several high-profile incidents. earlier this year, there were three attacks along muni's third street -- third street line and just last week a man was stabbed near a muni train platform. >> i want to send a message that crime on muni, harassment

on muni is something that we just don't tolerate. >> now, san francisco police say despite the public's perception about crime, if this goes through, it would be effective in the next 30 days. allie rasmus, ktvu channel 2 news. >> thank you. we're getting a sad update on a story we've been telling you about that beer warehouse shooting in connecticut. police now say several are dead. although the exact number is not clear. company officials say at least three people have been shot by a fellow worker who had been called into work this morning to resign. there were 50 to 70 people inside the warehouse at the

time of this warehouse shooting. police say a fatal shooting if pittsburg is likely gang- related. they are searching for this man, who they say is a gang member and a transient with a long criminal history. police suspect him of being involved in the shooting and killing of a 25-year-old man on sunday. investigators say it was all part of a gang initiation. police say the victim refused to assault another person and another gang member shot him on san ramon. the victim's name has not been released because officials are still trying to notify his family. bay area music fans are mourning the death of a local musician after an accident in medford, oregon. police say the driver of fell asleep behind the wheel and the road went off -- went off the

road. we're getting new information about that fatal bus accident in fresno last month. investigators say the teenager driving the suv that triggered the crash was legally drunk at the time. autopsy results show 18-year- old sylvia lopez garay had a blood alcohol level above the .08 legal limit. she and two other women were getting out of their wrecked suv in the dark when the greyhound bus hit them, killing them and three bus pass yers. a bill that will hold adults liable for underabled drinking is now headed to the governor's desk. the state assembly approved the social host bill yesterday. it makes adults who give alcohol to minors responsible for any damages, any injuries or deaths caused by the underaged drinking. this would not allow to

commercial or licensed alcohol vendors. it's not clear when the governor may sign it into law. we just received new information from ac transit about that very tense labor dispute. let's go right to jade hernandez. what is ac trait planning to do in this case? >> reporter: we just spoke in with the ac transit

spokesperson and he said the board won't decide whether to appeal this decision until their already-scheduled board meeting. now, they met for an hour and a half yesterday but they didn't come to a decision about the appeal and they will wait until the board meeting on the 1th -- 18th. we do have ac transit spokes men -- spokesmen looking into delays. 15% to 20% of drivers have been calling in sick daily since the imposed contract became effective. the agency said they needed the contract in place to save nearly $16 million in order to close a more than $50 million budget deficit. the anticipation imposed a contract on its employees when talks broke down between the two sides. a judge ruled the matter would -- would have to go into arbitration in order to push both sides to an agreement.

but yesterday, an alameda county superior court judge ruled in favor of lifting that imposed contract on the ac transit workers. ac transit has until august 10th to carry out the judge's order but the agency warns riders they may had the -- may not be able to not go ahead with the cuts. >> this has been a dictatorship from day one. as a union, we have a right to negotiate wages, working hours and benefits for our members. despite a judge's decision in early july, neither side has agreed to sit down to negotiate. coming up on "mornings on 2," more from those caught in the middle, the rider. jade hernandez, ktvu channel 2 news. >> thank you, jade.

7:37. in san jose, city officials and the firefighters union have agreed to return to the bargaining table tomorrow. they are gonna try to find a way to bring back at least some of the 49 firefighters laid off over the weekend. there are hopes the city's new fire chief who just started this week will have some new ideas to bring to those negotiations. late last night in palo alto, the city council voted against placing a controversial measure on the november ballot. that would have affected how the city conducts labor negotiations. the measure would have eliminated a city charter provision that allow force a legal arbitrator to make the final decision when talks stall between the city and firefighters and police union. the council said it needs more time to study the issue. let's see what's sal -- what sal is seeing in our commute. everybody behaving themselves out there? >> we are doing okay. we're just checking out last-

minute stuff at usual. i think -- do it safely. i think it's easier to do it on the b.a.r.t. train if you are delayed. let's take a look at 101/280. some tweeters, we czeched in. we don't have a lot going on today. let's take a look at 237. that's backed up. we had an earlier motorcycle crash at the end of the commute. 101 and that caused a little bit of a backup. didn't take long for most of this to be slow. this morning's commute is okay a the bay bridge. i would say better than okay. it's light at the toll plaza. 7:39. here's steve. sal, you're on facebook. you're on twitter. >> i am. >> but you're not on tumbler. >> i don't know what that is. >> i got you on that one. low clouds, fog.

there's more fog today. why? because high pressure is billing in. it also means it's going to burn off sooner. it will be a little warmer today. so a foggy morning. then warmer inland. now, warm we'll have an increase in the fog. it will be cooler. a lot of tropical clouds. monsoon moisture into southern california, southern nevada. for us we're watching for a pretty strong low to move in from the pacific northwest starting tfog is definitely front and center. in san jose, from 77, 79. san jose sitting at 60.

7 at mount tamalpais. there's half the sea breeze at cordelia. crockett/vallejo, 54. pleasanton, 54. the fog will burn off sooner. 35 up in tahoe. the days are in the upper 80s. it's hot once you get in the afternoon fors warmer than here. ukiah warmup, lake county will have a lot of 90s. you can see the low of that monsoon cloud cover down towards palm springs and las vegas. but a very strong system drops down from seattle. they are talking about rain towards the end of the week. today, after that fog burns off, it will be slightly warmer. upper 80s to low 90s. cooler, though, pretty significant cooling trend will

take us into thursday and friday. dave? >> 7:41. as you know, the bay area has a long and very impressive history to it. the construction crews out there working on doyle drive in san francisco are finding this out firsthand. now, they are out there digging in the earth. they've found historical items ranging from a military gun battery to this. a coin minted in nazi, germany. people familiar with the area say they are not surprised at some really interesting things being uncovered in the presid yes -- presidio. >> there's been so much happening around the presidio, you can hardly dig something without finding something. >> when the doyle drive project is finished in about three and a half hours, some will be cleaned up and open to the public. 7:42. up next -- the east bay school district that could possibly soon lose millions of dollars

in education funding.

this is the first time in nine months, income did not inch up. it's the third straight month personal spending are unchanged. those are the latest signs that the economic recovery could be slowing further which would hamper already shaky consumer confidence. countrywide which is now owned by bank of america has

agreed to pay $600 million to settle shareholder lawsuits. that's after stockholders claim the company assumed mounting risks in the housing boom. it's the largest payout by any company in the mortgage meltdown. it would end several class action lawsuits of the -- lawsuits. an attorney says there's proof that toyota new about the problem in the recall as early as 2003. the lawsuit was filed in court that could be given class- action status. kneelsen research firm says android phones made up 20% of the smartphones and iphones

made up 23%. other sales find the sale of an dry phones jumped 800% from a year ago. while iphones grew 51%. the iphone is still dominating the market with 2% of the share. the androids went up 13%. in about a half hour, research in motion is about to unveil its newest phone. the new slider reportedly includes a touchscreen with a pull-out keyboard. research in motion already holds 42% of the market. that's almost double the market share of the apple 2 phone. but blackberry's growth has stalled and research in motion is looking for ways to restain the market lead. some east bay school districts could be in trouble when it comes to getting grants of the state board of education -- grants. the state board of education is hoping to reform consistently low achieving schools.

that means school districts in oakland, mount diablo, west contra costa could lose out because there's not enough money to go around. the board says it will give grants for those who apply to improve all of their campuses in the district money. california is about to switch the standard used by schools across the state to ones used by most states across the nation. the state board of education approved the switch yesterday to help give kids what it calls a stronger, more organizationed approach to map and english. it will also give california a better shot at winning federal race-to-the-top status. california acurrent karim lum was considered one of the best

1 years ago. the new karim lum goes into -- curriculum -- goes into effect 2018. mitch miller has tied. he was a record producer, orchestra leader, hosted the "sing along with mitch miller." i remember that song. the lyrics were put up on the screen and superimposed at the bottom of the screen and the paint ball would bounce around as everyone sang to it. he was 99. a new list is out on the cars who are favorites for car thieves.

a danville man is heading to prison for his role in a multi-million dollar ponzi scheme. an oakland judge sentenced him to prison for defrauding 500 investors. the 3-year-old lived in a multi- million dollar home in danville's exclusive blackhawk community. he's being ordered to pay restitution to the victims at amounts yet to be determined. a consumer report is out about the top three vehicles stole in the u.s. the three are cadillac escalades, the ford f- 150 pickups. the theft rate is three to five times as high. the average dollar amount of insurance claims is also

higher. our channel 2 website, ktvu.com has the full list of the cars that thieves really like. you will also find out which cars are the least likely to be stolen. look for the "right now" section. today, the san francisco board of supervisors will consider expanding the city's ban on plastic bags to all stores. three years ago, san francisco became the first city in the country to ban the bags. now it may expand the ban to all stores. the proposed new law would take effect in march 2011. turning to politics, meg whitman and jerry brown are shattering financial records when it comes to spending money on the upcoming gubernatorial election, most of it because of meg whitman. the republican candidate spent almost $100 million through june 30th. that's according to just filed campaign records. 90million came from her own

pocket. jerry brown spent 63,000 through june 0th. a recent feel poll shows jerry brown has a 3-point lead. the late et poll on the lieutenant-governor's race shows gavin newsom is in a dead heat with the current republican governor, abel maldonado. a report shows maldonado winning within 1 percentage point. the new figure shows that newsom has raised more than 1.4 million for his campaign. that compares to 620,000 for his republican opponent, abel maldonado. let's go back out to sal castanedo. good morning. that's right. highway 4, a little bit of improvement coming out from brentwood, antioch all the way to bay point. there are slowdowns in the two-

lane sections, of course. but it opens up nicely on the way to concord. also this morning we're looking at the bay bridge. it has been really a nonexistent commute. yesterday we had a rough day for a little while. i will retract that rough day. we had about a rough hour yesterday. that's about it all. op peninsula, they cleared up an accident on devil's slide, southbound 230 there is an accident. here's steve. le sa, thank you, sir. plenty of fog out there. i know some low clouds are making it into the east bay. concord says clear. everyone else cloudy.

foggy, misty, sunny, breezy later on in san francisco. high only 62. that's below average. you can see why right here. average should be 68 degrees. they are not close. they haven't been in a while. they've been below average for the longest time. 86 san francisco. oakland, 89. 106 in santa rosa, mountain view, san jose 103. san jose 79. they should be 84. even though we are a little bit warmer than yesterday, 60 in san jose with fog. once that fog burns off, they should have no problems burn -- warming up. tahoe/truckee do get cold in the mornings, yes. a lot of tropical moisture to the south and a very strong system for this time of year will be coming in. today we see the fog burn off

sooner. only a couple of degrees warmer. that's -- compared to yesterday. and temperatures, 60s, 70s and a few 80s. we do have more fog. cooler on wednesday into thursday and friday and then the weekend looks nice. back to claudine and dave. up next -- find out what you will have to do to avoid those body cashers at one bay area airport.

welcome back. i'm claudine wong. >> i'm dave clark. it's tuesday, august 3rd. well, this mor rafael police only have a vague description of a man who they say sexually assaulted a young woman in a popular park. ktvu's kraig debro is at the police station now with the details. good morning, kraig. >> reporter: good morning, claudine. in speaking to police, they tell me one of the first places they start looking for a suspect, they see if there are any registered sex offenders or anyone with a record or history. they start with those people to see if any of them would be involved. i also talked to them about how rare this is. they say this is a stranger- stranger - -- stranger-en-

stranger rape. meaning neither knew each other. >> the suspect came up behind her, had a knife, forced her to the ground assaulted her. he fled. she went to her home and called us from her home. >> reporter: this is where the assault took place. it's called mun sen park. it's located in tara linda. the park doesn't have its own lighting and in addition to the trees and platts, one could easy hide behind here. one. says they were watching -- one couple says they were -- one.

says they were watching tv and didn't hear anything. >> reporter: police are traying to develop a -- are trying to develop a sketch in this case. they have a description of a white man, 6 feet, about 250 pounds. based on what they got from the witness they are working on a composite sketch of the suspect. kraig debro, ktvu channel 2 news. >> thank you, kraig. 8:02. in other news, there's word from connecticut this morning that several people were shot dead just hours ago at a beer warehouse and among them is the gunman. authorities are out there still searching the area to see if there are other people in there. company officials say the gunman was a driver who had

been with the company a couple of years. he had been called into work this morning for a disciplinary hearing. tonight a number of bay area cities will be taking part in the annual anti-crime event known as the national night out. participating cities will host block parties with music and food. that's where residents and local law enforcement can come together to take a staps against violent crime. for the first time east palo alto is expanding its annual celebration of national nightout with a parade. that that raid starts at -- that parade starts at 5:00 with a kickoff of local police officers and city officials. >> usually when they see us we're -- law enforcement is conducting our regular day-to-

day business. >> the precession will go through the city before ending at joel davis park. oakland police are out there investigating an overnight shooting at a housing complex. police say someone fired shots into a house on leona creek drive at about 11:00 last night. two men and a woman were taken into custody for outstanding warrants. they are also being questioned about that shooting. the investigation this this case continues. we're also learning more about cainan schierholtz. police say the younger brother of nate schierholtz of the san francisco giants had been arrested before for driving while intoxicated. it was when he was 17. he was involved in an accident

last year in plumas county but details of that incident aren't available yet. in sunday's hit-and-run very you are looking at pictures of -- you are looking at pictures of this accident. there's a new effort underway to stem the violence that happens on muni trains and buses. allie rasmus is in san francisco right now talking about a vote set for later today. >> reporter: good morning, dave. san francisco's board of supervisors is scheduled to vote on a new city ordinance today. here's what the ordinance would do -- if a person is called hanging around platt force, that that -- that person would face a fine. right now, the fines for those violations are just $500 apiece. but the board of supervisors, if they approve this proposal,

the fines would double. we spoke to one muni rider this morning who told us harassment on the public transit system is a problem he regularly experiences. he says just the other day some passengers on the bus threw rocks at him. i say to the bus driver, driver, would you please call the police. there is a bunch of guys harassing. i get off and i get on another bus. sometimes it's three buses to get acro the city. now, other passengers were split on whether they thought the higher fines would help. >> should be able to ride public transportation without having fear of body harm. my goodness. >> you think it's a good idea. >> yes, that would be a good idea. public safety is important.

how do you enforce is the main issue. >> reporter: now, the proposed ordinance comes after several high-profile incidents. earlier this year, there were flee attacks along muni's third street line. just last week, a man was stabbed near a muni platform. >> this is something we just don't tolerate. >> reporter: san francisco police despite the public perception of crime around muni, according to their reports, numbers have dropped by about 45%. the board is scheduled to vote on this ordinance who they -- when they have their regularly scheduled meeting allie rasmus, ktvu channel 2 news. 8:07. a busy road in petaluma is back open to traffic this morning

following a major water main break. the rupture was reported on petaluma boulevard north about 8:0 last night. crews had been making the repairs overnight between western avenue and east washington street where the becauser caused the road to buckle. time now, 8:07. the new body scanners for tighter security are going into place today at oakland international airport the tsa will roll out the first body scapers in terminal one. it's paid for with federal sim police money. you don't have to go through the body scanners. but if you don't, you will have to go through a standard metal detector and then submit to a patdown. let's head out to sal castanedo. how are things? >> we just got report of an accident. we have the 4 -- we have the 24 camera. i don't see anything yet.

we don't have any more details and it look like. lanes are open. -- it and it looks like the lanes are open. it will be slow all the way up to downtown oakland. this morning's commute westbound bay bridge. 8:08 here is steve. we start off with what's new. a lot of fog. it's been this way for a while. june/july was very, very foggy. the first few days of august have been just as foggy. it will burn off sooner today. there are signs we'll be slightly warmer.

by the coast it will still be below average temperatures. 52 in san francisco. we'll go a high of 62 after yesterday's 61. fog and mist. bayside only about 2 up. 60s, 70s. san jose, once the fog burns off, they should warm up soon. i know mill valley is down to 51. in las vegas -- 88 in las vegas. 46 in tahoe. their afternoon highs are warmer than many locations. ukiah will be in the mid-90s

today. it will warmer away from the coast. but a strong system coming down from seattle. in fact, seattle is talking about rain by the end of the week. for us, this will bring in a rather significant cooling trend. not today. it will be warmer away from the coast. 60s and 70s closer to the coast and bay. dave and claudine? up next the controversy decision this morning about the future of the area around ground zero. johannes mehserle's father breaks his silence. and find out what a late- night resolution means for the future of three uc berkeley graduate the detained in iraq.

8:13 on another foggy for most tuesday morning and temperatures today come up just a little bit. we should see that fog bush off sooner. 60s, 70s coast to bay side. the senate will be busy as they tackle elena kagan's nomination to the supreme court. this could come at the week's end, although the two parties appear to be deeply divided upon her nomination. senator barbara boxer joins us from washington, d.c. to talk

more about this. i want to talk about elena kagan kagan's nomination but i first want to talk about the resolution for the three uc berkeley students in iran. do you think this will help in the release? >> i think anyone we can do to communicate to mahmoud ahmadinejad and the leaders in iran, that rewith watching this. the whole world is watching this. we have humanitarian reasons here. we have three young people who are literally hikers. that's all it was about. nothing there. they are suffering away from their families. they had a tearful reunion with their moms on mother's day in may and since then, nothing. not even the lawyer who they have hired has been able to see the young people. they need to be set free

unconditionally. sarah shourd has health issues. i think the more we draw attention to this, the better it is. that's why we did that resolution. it's one of many things. the parents and families are on this 24/7. >> you mentioned the meeting in may and even when mahmoud ahmadinejad made comments, he didn't even mention the hikers. did any of these later turn of the eat vents make you less optimistic that they are not willing to move on this? >> i'm always an optimist. i think the way you have to approach this is to keep putting pressure on and keep talking about it. that was the reason for the resolution. we have to keep pressure on it. back channels, front channels,

the united nations, letters, press conferences. i'm optimistic at the end of the day because they did nothing wrong. i really think at the end of the day -- at the end of the day, if there's worldwide condemnation nation from iran, i think -- >> i want to talk quickly -- we're running out of time -- about elena kagan and her nomination. what kind of day do you think this will be on the floor? >> i think it's gonna be a good debate. i think she's gonna make it. she already has five republicans voting for her which is excellent. here is a woman who is a trailblazer. she's the top lawyer for the united states solicitor general first woman to do ever -- to

ever do that. she advised president clinton. she's worked at the private sector. she's very bright. she bring people together and i think it's gonna be a good debate. i think she's gonna make it. and i will be so ex-- i will be so excited there's been three women on the court. since we make up 50% of the population, that's a better issue. you will be one step closer at the end of the day. senator boxer i thank you for your time this morning. >> thanks. >> time now is 8:18. let's head back to dave. well in other news, president obama says he's sticking to his promise to end the u.s. combat mission in iraq at the end of this month. >> our commitment in iraq is changing from a military effort led by our troops to a civilian effort led by our diomats. >> the president said that during the speech before a group of disabled veterans. when president obama took office there were 144,000 american troops in iraq.

but at the end of august, it will be down to 50,000. the new goal for u.s. troops is to train iraqis. just a short while ago in new york city, the commission cleared the way for the building of a mosque right near the world trade center site. a developer wants to tear down a building to build an islamic center and mosque. critics say building this so close to grounds disrespects the -- grows, disrespects the memory of those affected by 9/11 johannes mehserle's father was at a rat almost yesterday.

todd mehserle tearfully told us his son is doing well behind bars in los angeles. >> i'm here to support my son and support all law enforcement because it's a very, very slippery slope when we start to send people to work with guns and not only civilly convict them but criminally. >> up like at the last ramly, there was no -- rally, there was no op possession at yesterday's rally. the rahn, unedited tape of todd mehserle's entire interview is available at ktvu.com, click on the mehserle tab. 8:20. a 12-year-old boy is arrested in the bay area. coming up -- what police say he was doing that got him in so much trouble. >> the bay area city that could soon have the highest medical

marijuana tax in the whole state. there is a clash on highway 24 that is causing some slow traffic. coming back we'll tell you more about that and look at the rest of the traffic and morning commute straight ahead.

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let's head right to sal who is checking out a crash on 4 westbound. >> you will see it on the left- hand side. it looks like they temporarily stopped traffic. it was on the left-hand side and they moved it over the to

it right-hand side. sometimes they do a traffic break to get that done. it looks like one of the fire trucks is still moving over to the right-hand side there. a little bit bunching up coming away from 680 and heading toward the tunnel. they are moving everything to the side. let's go to steve. temperatures will warm up slightly. along the coast around the bay, 1 to 2. some warmer air aloft and less of a sea breeze out towards the delta. it does mean a slight warmup today. much cooler pattern starts to establish itself tomorrow. not that it can get really that much cooler by the coast. temperatures will come up

slightly. one warmer. walnut creek 86. lake county out to sacramento, area, 68. it's 73 at mount tamalpais. that's 5 degrees warmer than 24 hours ago. low justs -- 50s. southern california and southern nevada, we are anticipating a rather strong low to drop down from seattle. thbe until tomorrow. today some fog, mist. cooler, wednesday, thursday, to settle in friday and carry that into a nice weekend. but no extreme.

people under 21 may no longer be the only ones facing punishment for drinking alcohol. up next we'll tell you about a proposal that may hold parents and adults responsible for underaged drinking. and good morning. i'm jade hernandez. we're live in oakland where we just learned that ac transit riders may experience some delays today. that's despite a judge's decision yesterday. we'll explain what all of this is about. a local musician is killed in a tragic accident while on tour.

we have an important warping for commuters right now

-- warning for commuters right now. let's get to jade hernandez. >> reporter: we just learned that ac transit riders may still experience delays today. that's according to an ac transit spokesman. he told me that about 150 drivers called in sick today. according to that same spokesman we learned that the board of directors has not decided on whether or not to make an appeal to the judge's decision and that decision came down yesterday. they will wait for ap already scheduled meeting on august 18th. that may take a while for bus drivers to get back to their regular bus schedule. riders have seen delays over the past few weeks over ac transit's imposed contracts which change drivers' work schedules. 15% to 20% of drivers have been calling in sick daily. ac transit said they needed that contract in place to save

nearly $16 million in order to close a $5 million budget def -- $50 million budget deficit. a judge ruled that the matter would have to go into arbitration. well, a superior court judge ruled in paper of imposing the contract. the agency says riders may not be able to escape the delays long-term. >> by the time we resolve how we're gonna address this, we're in a further deficits. >> this has been a dictatorship from day one. as a union we have a right to negotiate wages, working hours and benefits for our members. the union won a small victory yesterday in court.

but despite all of this, both sides still have to go through arbitration and neither side has agreed to sit counsel to -- to sit down and negotiate their contract. newspaper we'll continue to have the story for you. >> okay. thank you. well, this morning san rafael police are working now to put together a composite sketch to help identify a man who sexually assaulted a young woman in a popular park. kraig debro is at the police station now with the details of this terrifying crime what's the latest, kraig. >> reporter: the victim said the map came up from behind, forced her to the ground. it's not known how they will get the composite sketch if he approached her from behind. right now police are busy checking out sexual offenders. they say one of the reasons why this crime is so wear -- so

rare is because it's a stranger- on-stranger rape. meaning neither the victim nor the suspect new each other. police say the unidentified 4- year-old victim was passing through the park on her way home from work. we recorded this video around 5:30 this morning. what you are seeing here doesn't do the lighting conditions justice, extremely -- dash the park is extremely dark after dark. the number of trees and bushes block out lighting from the parkway. >> i would never come past 7:00, 8:00 at night. it's a quiet work. i just want to have a quiet afternoon and i want to come here because there's not that many people around so yeah, this makes me feel more guarded. >> one of the people we spoke

-- we sock to yesterday -- we spoke to yesterday said he was sitting on the other side of the fence and did not hear anything. police also canvassed the neighborhood saying they might have heard something. all they have is a description of a white male about 6 feet tall, weighing about 250 pounds. but by talking to some of the neighbors they are hoping they will get bits and peatses. and they have the witness and are hoping to come up with a composite and that might lead to a suspect. kraig debro, ktvu channel 2 news. >> thank you, for the update. 8:34. police now say a fatal shooting in pittsburg is likely gang- related. police are searching for this man in connection with that shooting. 29-year-old isaac mccueen they say is a gang member and a transgent with a long-term history. police want to talk to them. police say this was all rt of

a gang initiation. police say the victim's name has not been released because officials are still trying to notify his family. bay area music fans are mourning the death of a local musician killed after his tour band crashed in oregon. the accident happened north of medford yesterday morning. bliss say the driver of the van fell asleep at the wheel. 28-year-old mack daniels was ejected and died. he was the lead singer of this video. there's new information about the fatal bus accident? fresno last month. investigators say the teenager driver the suv that triggered the crash was legally drunk at the time. autopsy results show 18-year- old sylvia lopez daray had a blood alcohol level above the

legal imty -- limit. a bill that will hold adults reliable for underaged drinking is now on its way to the governor's desk. the state assembly passed a so- called social host bill yesterday. it makes adults who give alcohol to minors responsible for any damages, injuries or deaths caused by underaged drinking. still not clear when the governor may sign it into law. san francisco police are stepping up patrols trying to stop people from stealing from businesses and then reselling that merchandise in the tenderloin. retailers at safeway say they are being targeted by shoplifters who grab items ranging from cosmetics to alcohol. the thieves take those stolen goods too an area around 7th street and market street where they are reportedly sold on the black market. with the new school year

weeks away, of the city's $56,000 at least 9,000 are considered chronically crewant. that costs the school district millions in federal funding. they will continue to contact the parents of those students not attending. in san francisco, the city and the firefighters union have agreed to return to the bargaining table tomorrow. they are going to try to bring back some of the 49 firefighters laid off.

8:37. let's get you to where you need to go. sal's watching the southeast bay. sal? >> that's right. 237, where the east bay and the south bay meet. milpitas, still pretty slow this morning as you cross. we had ap earlier, much motorcycle accident that kind of set the tone in a bad way. that's long gone but traffic is going to be -- i got a note, posey tube is closed. that's the one coming out of alameda. the webster tube goes into alameda. those of you trying to get out of alameda should go up to the park street bridge or some other way. don't use the posey tube, in

fact, you can't. let's take a look at 880 northbound. that traffic is busy. jade hernandez said 150 drivers called in sick on ac transit today. that's about 15% of their operating force and that will surely mean delays for the riders. we want to hear from you. bay bridge toll plaza, a little bit of a delay, maybe five minutes. good morning, everybody. low clouds, fog, a few locations have sun. not a lot. it's mostly a foggy morning. nothing's changed there. so foggy morning but slightly warmer today. the sea breeze has been cut in half out towards the delta and there's warmer air aloft. that will translate into a sooner burnoff on the fog. but then tomorrow, cooler pattern. much cooler pattern. it looks like by the end of the week, we'll have below average

temperatures. there's no sign of any warmup on the five to seven-day outlooks. for us, the fog continues to fluctuate. today it's been smashed ale will bit. 62 in -- 62 in san francisco. 1998 for all of the records on this date. 86 san francisco. 89 oakland. santa rosa, 106. 95 mountain view and san jose, 103. they will be 79 today. 84 is average. san jose is at 60 and still foggy. the days -- the days are warmer. 8 palm springs. the source of the clouds -- 88

palm springs. if you have travel, business, whatever down there, rain and huggie conditions. fog, drizzle, sun, cool. a little warmer inland away from the coast. there will be 90s up towards mendocino county. upper 80s. low to mid-90s but you get closer to the bay and coast, still 60s and 70s. more fog and a cooler pattern earn takes over. it stays cool to mild on the weekend. claudine and dave. coming up, how one bay area city plans to take a stand against violence today. also major changes are in the works for a school curriculum. we'll tell you what's gonna be different and when the changes will take place. droiiiid.

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national night out is today. in honor of the big event, the city is hosting a parade that begins at 5:00 p.m. from st. john's church.

san francisco's board of supervisors will consider an ordinance that would double the fines for crimes committed on muni trains and buses. this is part of a citywide effort to cut down on crime on the muni system. and today, bpic nears --ic nears plan to run one more step on that broken oil well in the gulf of mexico. if everything checks out, they are gonna start pumping heavy mud and cement into that well. it's the first step in the process to permanently seal it up. california's about to switch it state -- switch the statewide curriculum. the state board approached the switch yesterday to try to help

give kids what they call a stronger, more organized approach to math and english. it will also give california a better shot at winning federal race to the top education grant money. >> this is an historic occasion. it means california's -- [ inaudible ] >> came's current curriculum ised with -- is considered one of the best when it was adopted 13 years ago. this new program would go into effect 201. meg whitman and jerry brown are shattering records whether it comes to how much they are

spending in this upcoming election. most of it because the whitman. the republican candidate spent almost $100 million according to just released finance records. 90million came out of whitman's pocket. a recent field poll showed brown with a three-point lead over whitman. the latest poll on the lieutenant-governor's race shows san francisco mayor gavin newsom is in a dead heat with the current lieutenant- governor, abel maldonado. the latest polls shows maldonado leading newsom by .1.

new figures show newsom has raised $1.4 million, as opposed to the $600,000 for his republican opponent. countrywide will pay $600 million to settle shareholder lawsuits. that's after stockholders claim country wide con seemed mounting risks as it loosened requirements for borrowers during the housing boom. this is the largest payout by anyone in the mortgage meltdown. it would end several class action lawsuits. toyota is facing a flu lawsuit over the sudden acceleration problems that caused that big recall in the last couple of months. now an attorney says there's

proof toyota new about the problem as early as 2003. this new lawsuit was filed in a southern california courtroom and could be given class action status. android's phones are becoming so popular, they outsold iphones. kneelsen said android's phones made up 27% of the sales. ipods accounted for 23%. other sales independent date the iphone still dominates the worldwide market with 28% of the sale. an droid rose to 13%. in about half an hour, research in motion is expected

to unveil its newest phone. the new one includes a touchscreen with a pullout keyboard. madonna has a new clothing line. it's done by madonna and her daughter, lourdes. the doors open at 10:00 this morning at macy's. fans have a chance to win an autograph. well, the bay area has a long and very impressive history, as you know, so it should come as no surprise that crews working on doyle drive in the presidio are digging up very interesting things as they dig under the earth, they found

everything from a military gun battery to this. a coin minted in nazi, germany. caltrans archaeologists say they found a gun encasement buried when the bay bridge was built three-quarters of a century ago. >> it was buried and cut in half by the construction of doyle drive originally. now, the crews dug up the artifacts while they were escalating two tonles through the presidio. when the doyle drive project is finished in two and a half years, some will be cleaned up and open to the public. we are following a situation at san jose mineta

airport where some flights have been suspended. details are up next.

parents at san jose's trace elementary school are pushing for a new state law that would force the san jose unified school district and others to install fire sprinklers and automated fire alarms when remodeled schools are finished from now on. their frustration stems from this, this fire at the school last month. it caused an estimated $10 million in damage, forcing the installation of portable classroomsed a trace. the current law mandates sprinklers be put in any new school that re-- but remodels

are exempt, as is the case in the trace building. we just learned that mexicana airlines has suspended more flights from the bay area. we've been receiving tweets from frustrated passengers at mineta airport where a flight from guadalajara was cancelled this morning. over the past few days. the airlines suspended many routes. although most flights from mexico city will continue to operate. mexicana is considering filing for bankruptcy and is already trying to rework its labor contract. a danville man is heading to prison for his role in a multi-million dollar ponzi scheme. an oakland judge sentenced a man for a ponzi scheme that

defrauded investors. many of his victims are southians living in south korea. he's being ordered to pay restitution to his victims. 8:54. new insurance industry report is out about the top three vehicles stolen in the u.s. they are -- cadillac escalades, the ford f-250 pickup trucks, and the infiniti g before 36. the highway loss data institute says the theft rates for these vehicles are three to five times as high the average as all other vehicles. the average insurance amount is also higher. at our channel 2 website, ktvu.com, we've got the full st of the cars that thieves like to steal. you will also see which cars are least likely targeted by thieves.

look for the "right now" section. today, the san francisco board of supervisors will consider expanding the city's ban on plastic bags to all types of stores. three years ago, san francisco became the first city in the country to ban the use of plastic bags at large super markets. now the city makes the ban to all stores. the proposed new law could take effect in march 2011. uc berkeley researchers are combing through online dating sites to find out what is attractive to the opposite sex. they say when it comes to dating. men like photos, women prefer

nare raw tiffs. when it comes to selling themselves, the men do it while working about work. they also say men typically add about a half inch to their height. women like to subtract about -- would like to subtract five pounds. it's ticket tuesday. the passes include general admission and two pretrace passes at infineon for between august 20th and the 2nd. go to ktvu.com before midnight tonightant scroll down to the tab and put in the secret word "racing." good luck. let's go right to sal. we have a problem in the posey tube. >> we have good news.

itit looks like one of our crew members apparently can get through the tube. this morning we have a bigger backup at the bay bridge toll plaza. i don't see a stalled vehicle or an accident at all. the traffic is moving slowly here and it's -- this is about a 15-mute delay. if you are driving on the peninsula, southbound 101, bayshore freeway moving away from the airport heading south to redwood city, mostly slow. lee clouds -- low clouds, fog will give away to sunshine. still some 60s, 70ss, upper 80s. cooler, though, weapons, thursday, friday, and then it keeps it right there, saturday into the weekend. all right. looks good. thank you, steve. that's gonna do it for -- do it for us today on "mornings on "mornings on 2." have a great tuesday, everyone. >> bye now.