a commute headache for thousands as a freight train derails and train cars topple during the evening commute. good evening everyone i'm frank somerville. >> and hello again everyone i'm heather holmes in tonight for julie haener. a union pacific freight train derails. it happens about 4:00 this afternoon, the impact on amtrak passengers it will continue well into tomorrow. mike mibach is live at the

train station with the latest. >> reporter: we have seen delays, we have seen cancellations, and for the majority of the night, the tracks have been like this, empty. it has been a rough evening commute and the morning commute expected to be just as sluggish for thousands of commuters. for union pacific freight train derailed around 4:00 in the afternoon in oakland. a spokesman for union pacific says the train was rolling northbound when the train derailed. >> they just said a freight train derailed. and i asked if anyone was hurt, and she said no everyone was fine. >> reporter: because of that, they suspended service between jack lindon and emeryville. hundreds of passengers are

being pulled off the train. placed on to buses and driven around the derailment. once they arrive at either jack london they get on a bus or wait longer to get on another train. >> a train that's not going to leave until 9:45. >> i am tired, i want to get home. >> i'm not mad, it's a derailment. what can you do. >> reporter: an investigation is now under way. the equipment to get the car on the tracks is on the way to the scene. commuters should expect cancellations and delays for tomorrow morning's commute. reporting live tonight here in emeryville, mike mibach. the decision in the federal court battle over proposition 8 is set for release tomorrow.

circuit judge walker says he will release his decision tomorrow between 1:00 and 3:00. the losing side expected to appeal to the full ninth circuit court of appeals, from there to the u.s. supreme court. same-sex marriage supporters say tonight the that they are hopeful. >> so we're very hopeful that tomorrow will be a good decision. we hope this will go up to the supreme court. >> reporter: proposition 8 supporters says even if they lose, not to allow same-sex marriages to resume until they appeal. same-sex marriages would be licensed under a cloud of uncertainty and should proponents succeed on appeal, any such marriages would be invalid. stay with ktvu channel 2 news and ktvu.com for breaking news on that decision, we will bring it to you tomorrow both on air and online when it happens. the driver of a badly

smashed red pickup truck left the scene of an accident. the chp says it all began when police were trying to pull over a cadillac for illegally using a lane. it was hit by a red pickup truck on ashby. officers arrested the cadillac driver and a female passenger. they say the cadillac driver was wanted on multiple felony warrants. if caught, the truck driver could face hit and run charge. a 19-year-old man has pled guilty to charges that he and two boys beat and robbed an 18- year-old actor last october on a munni bus. morinsiner portrayed a gang member in the movie la mission. the attackers did not know

about his part in the movie. and police are looking for a man who they say hit a bank twice. the robber is 25 to 30 years old, about 5'9" to 6'tall. he first hit on june 29th. that is the same branch , wells fargo, which they say he hit today. concerned citizens fought back against crime. they joined with law enforcement on what they call national night out. the event may be attracting even extra attention this year. we have live team coverage this evening beginning with ktvu's amber lee who is live in vallejo, amber. >> we're in downtown vallejo

where residents hosted a national night out event. neighbors say this annual gathering takes on special significance this year. vallejo's bankruptcy and lay offs add to the need for residents to lean on each other. a volunteer group called citizens on patrol overseen by patrols are working to get help. >> if they're out of the office they're on the streets more. >> reporter: residents still remember two violent incidents in early february. a vallejo city worker was beaten by dozens of teenagers, and an ice cream vendor was shot while she was peddling her goods. so there's no one near by to

help look out for trouble. barber shop owner says he's taking precautions. >> locking the doors after certain hours, if i'm the only one here, i usually have my front door locked. parking out front instead of the alley. >> have you ever considered arming yourself? >> oh yeah, of course. that's almost a must. >> cash, credit card? >> reporter: across the street at old town electronic, the owner told us his business has been broken into twice. he says he now expects longer police response time but that safety comes with knowing your neighbors. >> we try to incorporate everybody so we don't have any problem, this community we've known them for a long long time. >> reporter: the guardian angels attended one of the night out event here. amber lee, ktvu channel 2 news.

from vallejo tonight we go to another bay area city, ktvu's ken wayne continues our team coverage now live from oakland. >> oakland's crime problems are well documented, the ongoing question is what's being done about. we asked leading candidates what their plans are for reducing crimes. all of them started with the police department and preventing lay offs. >> maybe you can do what chief gaston is doing, which is having them doing some collections and investigations of murders. >> reporter: one said that police should invest more into their retirement program. >> i believe we should be working with them on those solutions. >> reporter: another says the

$71,000 a year starting pay for oakland officers is too high. >> in this climate, that's not justifiable, even here in the bay area. even other entities are paying that much. los angeles starts in the mid- 40s, new york city starts in the mid-40s for their officers. >> reporter: each candidate also said most of the problems have to be with the economy. and when the economy improve, they expect the crime rate will go down. that's something oakland's police chief says is already happening. >> our murder rate is down significantly. we're down pretty close to 18 to 20%. >> reporter: so what does chief bass want too see in the next mayor. >> just a boss that gives me the mission that he wants me to accomplish and make sure we're doing that for him or her whoever steps into that role. >> reporter: we contacted the man who many believe will be the front runner, don p era ta. he was out of town tonight and unavailable for comment. live in oak ran, ken wayne,

ktvu channel 2 news. friday is the deadline to file election paper work in the race for oakland mayor. but whether ron dellums will run for reelection is still a question tonight. that's coming up at about 10:30. so far the signs are looking good in the effort to permenantly seal that blown out well in the gulf coast. an initial test indicates it is works. bp says engineers won't know for more than a week if the well is completely cleaned out. the incident commander said even if it is plugged, there's a lot more work to be done. >> we need to be sober by the fact that while the oil is stopped and we're not dealing with the day-to-day threat anymore, we need to set a long term focus on the economy, and

the gulf. >> after pumping in the mud, b- p plans to pump in cement to permenantly seal the well. up next, millions of the dollars in goods and how they cracked the crime ring. one bay area city is looking to expand its ban on plastic bags. we'll have that for you coming up. i'll be back here in five minutes with tomorrow's forecast. and we'll talk about tonight's fog, it's already out there, it'll get into your neighborhood tonight.

san jose firefighters battled a two alarm fire this evening that gutted a motor home and damaged a house. the fire broke out about 5:30 this evening and was extinguished about an hour later. no one was injured. the cause of the fire is under investigation. federal agents today announced they have smashed the largest ever retail counter fitting operation on the west coast. prosecutors say they are charging almost a dozen people with smuggling phony luxury items for sale along fisherman's ward. david stevenson shows us what agents found. >> reporter: with the golden gate bridge as a backdrop, i.c.e. offered up a fashion show of

counter fit goods. ice officials say the items were shipped in from china. >> counting fitting robs americans of jobs, it stifles invasion, and it promotes crime. >> reporter: the investigation began in december 2007 when inspectors at the port of oak land intercepted what they call a suspicious shipping container bound for a fisherman's ward store. that led to a two year understood cover operation in which agents arrested 10 store owners. >> a lot of times they ask me if the merchandise is the real thing. if sony is real sony, if cannon is real cannon, so i have to

prove myself. >> reporter: the men have been indicted on counter fitting. in san francisco, david stevenson, ktvu channel 2 news. san jose's city council led with a number of contentious issues tonight which triggered hours of emotional debate. one of the issues was a tax on marijuana. cannabis club owners call that rate excessive but some people really don't want the clubs in the city at all. >> destruction and i want it stopped. >> reporter: even medical marijuana? >> there are other medicine. >> reporter: the council voted to put the proposed tax on the ballot and let the city voters decide. the council also supported a proposal to bring the oakland

a's to san jose. a revamped pension plan for new city employees also will go before voters in november, but the council decided not to put a sales tax increase on the ballot. san francisco was the first city in the nation to ban some nations from using plastic bags. now it wants to ban all of them from doing so. today i am introduced an ordnance that bans plastic bags entirely in san francisco. ross mcgraney says his new ordnance would add to his current plastic bag. >> this would be the strongest as i understand in the united states. >> reporter: the mayor's

ordnance is already picking up support from mayor newsom. >> what was exempted closing that loophole. >> reporter: so far retailers aren't saying they're going to fight the changes but some are saying they would like to see help with the transition. >> perhaps the government wants us to change the way we do business, they should give us a good monetary incentive. perhaps they can cut all our business fees in half. >> reporter: and supervisor mayor corini says he's expecting a expect -- mayor

mirkarimi says he's expecting his law to expand soon. in san francisco, christien kafton, ktvu channel 2 news. mixed reports on the economy cooled the markets today after yesterday's big rally. the dow lost 38 points while the nasdaq lost 11. the troubled website price line was a big winner up 15% after releasing earnings that blew away analysts estimates. the board of directors of the barnes and noble bookstore decided today to put the bookstore up for sale. the the company posted sales of almost $6 billion. mexicana airlines cancelled or delayed more flights today after filing for bankruptcy. flights from oakland, san jose and san francisco now are being

routed to other cities through mexico city. mexicana failed to reach a labor agreement with its pilots and flight attendants. the fog is moving inland tonight, already in berkeley. fog is back, if you had it this morning you have it tomorrow morning. the fog will be there when you wake up. as we move through time, we're going to move through the time. by tomorrow morning, there's the fog all the way to fairfield, concord and napa. we'll come in a little closer, and we're going to give you the numbers from the time you wake up to the time you walk out. inland you will see the sun peaking through by 9:30, 10:00.

forecast for the morning, i'll have your forecast coming up. it's located at the top of the kaiser building and is now available to the public for private events. for the past six years, it's been open to the public only during weekday business hours. the rooftop garden can now be rented for weddings and other events. >> you end up with an amazing wedding event space that is completely private, off the street, and even without any music or anything you really don't hear anything noise from the street. >> gosh, it really is beautiful. prices start at $2,000 a day for a saturday or sunday. the garden was originally built back in 1960. a judge took their size, coming up while so many ac transit drivers still called in sick today and what happens next. numbers are in, find out

which bay area had its coldest july in eight decades. and find out what effect it's having on the crucial summer season.

the public got a look today at san francisco's new temporary bus center. the mostly outdoors bus shelters will be the hub for ac transit, munni and greyhound beginning on saturday. it will operate until a new transbay terminal is completed and that is expected to happen seven years from now. the redevelopment of the old shipyard and candle stick point took another mayor step forward this evening. mayor gavin newsom signed 12 pieces of legislation covering various aspects of the multi million dollars project. the legislation has been in the

works for the last three decades. newsom said today thousands will benefit. >> we're talking about 12,000 direct jobs upwards of 13,000 indirect jobs, all told 25,000 jobs will be impacted through the build out of this project. >> the shipyard project is slated to include thousands of living units, arenas, parks and other open spaces. munni says 60 people called in sick today. that's the same amount of people that were calling in sick. both sides remain at odds over their contract and the sick calls. >> they make $100,000 plus in wages and benefit, they really owe it to the riders and taxpayers to come back. >> there are 15 operators, at

10:00 this morning called in out of 1,100 sick today. >> reporter: ac transit and the union are expected to begin arbitration for the union tonight. the union is disputing the sides of a deficit. nummi will restore 61% of the service cuts it made back in may. the agency says part of the restoration will come by changing the number of hours drivers sit on stand by. mayor newsom says he hopes to fully restore service by restoring funding. cities and counties will make public their the elected

officials earnings. state comptroller chung says the statewide salary data will be posted on the comptroller website in november. it is gaining support online. plus, killing the -- plus, what's killing the sea otters. the signs indicate there's something wrong with the ocean. the report coming up.

the fog is moving in to freemont tonight, it'll be there tomorrow morning, tomorrow will be marked by clearing in the morning and freemont 7:00 a.m., ability 56 degrees lunchtime. plenty of sunshine in freemont.

bill has been talking for weeks now about despite the sun how cool the weather has been so far this summer. in many spots this is one of the coldest summer in years. so is that hurting businesses who depend on the summer for business. >> reporter: in some parts of the bay area it was the coolest july in the matter of decades. and many blame the f word, fog. the fountains in downtown san jose are typically crawling with kids on summer afternoons but only a handful of kids are out today, the temperature peaked at 76. the site did clear at the boardwalk today and despite the slight warm up people were still bundled up. >> i was expecting it to be a lot warmer.

last time at this time it was really hot. >> reporter: redwood city had the coolest july since 1933. san jose had the coolest since 1968. san francisco had the coldest july since 1971. santa rosa since 1977. >> lately, yeah the sun doesn't come out till like 11:00 and then you definitely get real cool at night. >> reporter: officials at the boardwalk say july is their busiest month and the cooler weather did not hurt attendance. >> people still come because corn dogs taste good in the cold just like they taste in the hot. >> reporter: central california also says they notice a cooler summer. >> last year we had 106, 107 degrees, this year it's been a lot cooler in the 90s, so it's been nice. >> reporter: and for this woman in the midwest, good bumps are

good. >> we welcomed it because we had a really hot summer. we were glad to see a break in the humidity and week. >> reporter: reports live in santa cruz, maureen naylor. a movement to stage a boycott of target stores is gains momentum. target is under fire in some circles for contributing $150,000 to a group backing a conservative candidate for governor of minnesota. now that candidate opposes same- sex marriage. a facebook campaign for a boycott of sergeant on saturday august 15 now has 135,000 supporters. target says it supporting the candidates probusiness strategies and not necessarily

his same-sex position. some supporters say a mosque so close to where almost 3,000 people died on 9/11 would be an insult to their memories. >> it should be all about our heros, our victims and our heros. not about lifting up islam. >> reporter: but supporters of the islamic center and mosque say it will help build bridges with america. the building already is being used as a prayer center. late this afternoon, california democrats released their plan for solving it's ongoing budget crisis. the plan approves $8 billion in spending cuts. it also increases deductible

taxes. this will lower taxes across the board for californians. oakland mayor ron dellums faces a friday deadline to answer one of the county's biggest secret, will he run for mayor. former tv political analyst joe tuman plans to run. randy shandobil reports on whether dellums will jump in. >> reporter: most everyone assumes that mayor ron dellums will not run for reelection.sources say he's not raising money, not talking to consultants and not showing up at his office much anymore. including today. >> i'm the master strategist, that's my job as the chief executive officer of the city. >> reporter: at a june press conference, dellums denied not guilty chronically being a no show. >> this is my job every single

day and i get up to do that job. >> reporter: when the former congressman announced he would run it was a dream come true for many. >> i think he's a hero to a lot of oaklanders, and a lot of young african americans. >> i think ron dellums is a leader, he's known throughout the world. he's an intelligent guy. >> reporter: and some californians want him to run away. his washington connections helped oakland get more stimulus money than most big cities. >> getting the amount of money that reason has brought back from washington is pretty incredible. >> reporter: even potential opponents including candidate for mayor rebecca capland paid tribute to dellum. >> i have a lot of respect for him. >> reporter: but many who supported him eight years ago

don't anymore. they say dellu ms likes the emergency to do the job, just didn't care. >> if you were sitting here man to man what would you say? >> let it go, let it go. you know, he's a great man, but i think it's time to let it go. >> reporter: we tried to talk to mayor dellums today but his staff told us he wouldn't be coming into the office today. randy shandobil. he told his coach that he wasn't feeling well, shortly after that he was dead. tonight what we're learning about what killed an 11-year- old football player. some call it the best blackberry yet. but can the blackberry compete with the iphone's popular device. and it hasn't happened in some time, what we'll notice here on earth thanks to a sun storm.

we learned today that the 11-year-old boy who died at practice had a rare heart condition. the boy was from a small town in el dorado county. lampier was taken part in the first practice of the year for his pop warner team. he told his coach he wasn't feeling well, a few second later he passed out. his father was one of the coaches on the field. >> and they lost his heartbeat, they brought him back, and then they lost it, they brought him back about three different times. >> an autopsy revealed lampier had a heart condition that caused his blood muscle to thicken. it's a condition that wouldn't normally be discovered during a routine doctor's exam. the california department of public health levied the

fine on the pilgrim haven facility. staff members failed to supervise and assist an 85-year- old man who had dementia when he fell and his hit head back in december. the man died in the hospital the next day. in news of the world tonight, in the middle east, israeli and lebanese troops battled for several hours today in their border. each side blames the other for starting the shooting. it was the worse violence between the two sides in four years, but there's no indication israel or lebanon plans to escalate -- -- when farmers burn their fields, rodents carrying fleas run to populated areas then pass the disease to people.

and in spain, the welcome signs are out for first lady michelle obama. the white house said that she and her youngest daughter sasha will go to southern spain tomorrow for a private vacation with some long time family and friends. they plan to stay in exclusive resort in mabea. president obama turns 50 tomorrow and plans to spend it with friends in chicago. gm, ford and chrysler saw their year to year sales drop 5%. toyota sales fell 3% following a series of recalls and honda dropped by 2%. but nissan saw a big jump with its sales going up 15%. most auto makers saw sales increase from june to july this year. but they did not top their sales from the cash for clunkers program. it will all by end a bitter

fight between intel and advance microdevices. the fcc plans a news conference tomorrow to discuss details of that settlement. resource in motion revealed a new blackberry in new york. it is the first blackberry that has a touch screen with a keyboard that slides out. its manufacturers says it'll be available from at&t starting on august 12. blackberry has been facing stiff competition from android and the iphone. those cute california sea otters may be in serious trouble. we'll hear from scientists on what might be killing the otters. and will there be a warm up in our weather? our chief meteorologist bill

martin will be back with our five day forecast. 3w4r5

california's sea otters may be in trouble. federal biologists today reported the population has declined significantly in the last three years. the question is why, health and science editor john fowler has our report. >> reporter: after a spectacular come back from near extension, california sea otters are again at the edge of survival from a high of 16,000, tonight just 2,700 remain. down about 4% in the last year. the primates and females took the biggest hit. >> that really tells us that something is wrong.

>> reporter: exactly what's wrong remains a mystery. it's likely a combination of less kelp, more shark attacks and human contamination. a high die off of pups this year continues. this pup and mom were rescued by the aquarium. the pup had parasites and was malnourished. >> this pup eats 1/ eats 1/3 of its weight every day. >> they roll around and play and scratch themselves, what more can you ask for. >> they are just cute, and you just want to hold them. they are like little puppies. >> reporter: a decade ago numbers had fallen lower than today. but experts do not think this is part of a normal cycle. >> i think this otter is

telling us about our seashore ecosystem. >> take -- figure out the problems with sea otters and that will tell us the problems we're facing. >> reporter: we'll soon know what if anything humans can do to save these remarkable animals. oakland airport put the first full the body scanners into work. the transportation security administration says scanners view the x-rays in a separate area. the agency also says the pictures are deleted after screening. four more scanners are expected to be put to work in the next

month. two astronauts were expected to do a space walk to fix the cooling system. the six american and russian crew members are not in any danger. the sun has been fairly quiet for the past decade. tonight a solar eruption is sending millions of the tons of radio active gas toward the earth. this animation shows how the lights are being bent around the earth. the main effect right now though will be a chance to see the northern lights. >> it's possible that you might be able to see the northern lights from parts of california. but unlikely. >> nasa says the astronauts on

the space station are safe as well. they're tucked in a low earth or bit. underneath the magnetic field. we're going to see plenty of fog tonight, again. you can see the cool temperature, you see the wind direction. there's a wind out of the northwest at 16. that's pushing the cool air right into your neighborhood. our fog footprint is going to look something like that. we're going to have a lot of fog just like this morning. we'll bring the fog back in, if you had it this morning, you have it tomorrow morning. it should burn off just about the same time. so the extended forecast for continuing in with this weather pattern which has given us a decreased fire danger certainly and some pretty nice air quality. it is certainly cooler than you would expect. you will see maureen naylor's story early in the newscast. i hope you did, she was out

talking to business saying that they're having a slow down because of the weather. low 70s out there toward the rodeo area. so if you keep going, if this were to continue on to modesto and stockton we will get to 95. for the bay area proper, we're talking about 85. to get high temperatures you get need a high pressure and you get this inversion. you get the bad air quality and you get the fog. what happens is, this high pressure is not where it's supposed to be. that's as simple as that that's what's happening. high pressure, not much of an inversion. this week high pressure is the culprit. it's not supposed to be there. we have a lot of rain out here. the forecast highs tomorrow then, there's your footprint, that looks a lot like what i showed you yesterday. with cool temperatures around

the bay. san mateo, morning fog, 70 degrees in san mateo for a daytime high. maybe 74, 67 in richmond, these are forecast highs for cities where you live. a nice day. a lot of folks love this pattern, people who live in the hot inland valleys are enjoying instead of low 100s they're getting low 80s. >> i bet they're saving a lot on their power bills. >> we'll look back and i bet we'll see low water usage and power bills. there's a potentially hazardous algae growth. the blue-green algae causes skin scratches and can cause a

soar throat or even death if swallowed. jean clef wycleff will announce that he is planning to run for president of haiti. he will make a major announcement on cnn from haiti on thursday night. jean is very popular in haiti because of his music and because of his charity work. sarah palin's daughter bristol says she has had it with levy jackson, we'll tell you why she's again calling off the wedding nuptials. my mercury moment happend right after our wedding, when i realized that along with all the gifts that i'd be getting a lot my husband's old stuff. fortunately, i got his mercury insurance too. mercury had better coverage, better service and and we saved hundreds of dollars by combining our home and auto insurance policies. and he got miss pookie.

see, everyone wins. insure your auto and home (together) and save up to 15%. get a quote and see for yourself at mercuryinsurance.com.

with blockbuster on demand, this does hit films on a 4.3-inch screen so big, the way you see them will never be the same.

introducing the new droid x. pre-loaded with blockbuster. the next generation of does. sarah palin's daughter bristol says she has called off her second engagement to levy johnston the father of her son. she cancelled her marriage plans when he told her that he may have fathered a child with another woman. and the final straw came when he told her he was going on a

hunting trip and he was really filming a video that made fun of her family. tonight we got a good champ of why the giants may not need another big name on their line up. 2-3 night for burrell. they scored four in the first on a bunch of singles with the long ball there. made it easy for jonathan sanchez dealing at one point he struck out seven straight rockies. got carlos gonzalez there and another long ball off the bat of freddy sanchez. finally starting to get object bat. they weren't done as sanchez showing off his glove, bases loaded, gonzalez lines out. that is just a beautiful play from freddy sanchez. lots of hitting, lots of defense, and i would imagine the padres hearing thundering

footsteps behind them. padres helping the giants tonight. two runs in, the dodgers make it back. the giants only one game back. the royals get the royal treatment tonight. games like this keep fans from thinking they are really a true contender in the american league, chasing down the rangers. and suzuki, that's going to roll all the way to the ball. we're at 2-2 in the ninth. nice dive, just get it is one out in second with ellis making a nice run there. the a's fall shy 3-2.

wouldn't be nfl training camp without brett favre jerking everybody's chain with his retirement stuff but several of his teammates on the vickings says he has texted them with the news that he will, yes be calling it quits after 19 years in profootball. favre said not to be satisfied with the way his surgically repaired ankle is coming along. too big to ever be forgotten. but doesn't seem that shaquille o'neil is ready to go on the way of favre. he is coming to terms with the celtics. hard to believe big diesel is now 38 years old but he feels he can bring a little something off the bench for the celtics this coming season. and that is the sporting life for a tuesday night. hard to believe shaq is 38 and the giants are written off so many times, just one game out. >> i think fred started a new

dance craze. the rolling pin. >> thanks everyone, i'm health heather holmes,. >> and i'm frank somerville. good night. >> good night.