>> reporter: i'm jade hernandez. we're live in san francisco. is a same-sex marriage ban constitutional? we're hours away from a judge's decision. scary moments in one san jose community. we're gonna tell you why most spent the night evacuated. and we're gonna tell you

why ac transited riders are still kind of nervous this morning as they head to work. "mornings on 2" begins right now. good morning. welcome to "mornings on 2." i'm dave clark. >> good morning. i'm claudine wong. tori campbell is off. it's wednesday, august 4th. a judge says he's already made his decision whether same- sex marriage is constitutional. jade hernandez is live at the courthouse. good morning, jade. >> reporter: good morning. we're hours away from this decision. this decision is expected to make its way all the way to the supreme court, but first we wait for the us district judge's decision this afternoon, sometime between 1:00 and 3:00. the question he is expected to answer is the same-sex marriage

ban constitutional. the judge will issue today his decision between 1:00 and 3:00 on whether or not that same-sex marriage ban is constitutional. now, same-sex marriage advocates are hopeful about today's outcome. they say this is an equal rights issue. >> america doesn't always get it right. but just were tis does prevail for all people. i know in my heart, it's our time to see this through the history books. >> reporter: attorneys say they are confident any decision in favor of lifting the ban would be overturned on appeal. now, on the other hand, the couples who filed the lawsuit,

one lesbian from berkeley, one gay couple from burbank, say they are fighting for equal rights for millions of americans who dent have a right to marry their partner. witnesses in this case testified marriage is an evolving situation in the united states. the conservative religious coalition which sponsored prop 8 says a male/female definition of "marriage" is universal and children are better off with married, biological parents. the federal judge is expected to make his decision sometime this afternoon. we'll be here and bring you the latest. reporting live from jade hernandez, ktvu channel 2 news. >> make sure you stay right here with us at ktvu.com and right here for all of the

information on this case. we're still following breaking news we told you about this morning from phoenix, arizona. in fact we're going there live. our chopper is over this area. live pictures. a plane crashed into a building there. that building as the camera zooms in. this happened just about an hour ago. a small plane. we think it's a four-seater, crashed into a building that houses a pest control company. you can see the crater of what's left in the side of that building as the camera pushes in. they are covering up something. normally they do that if there are victims or the remnants of body out there so they don't want cameras seeing it. this happened just about an hour ago. the fire crews are still on the scene. this is still an active breaking news situation in phoenix, arizona. a small plane -- a helicopter pilot actually saw it when it crashed, thinking that plane was trying to hand but it did not. we haven't heard any word about

any survivors. it appears that there were fatalities. we'll bring you the very latest. we'll bling you more details from -- bring you more details as they come in. people from san jose are back in their homes, following an overnight bomb scare that all started yesterday afternoon with a couple from a -- from a resident. he told police his roommate had an explosive in their home. about 20 to 30 residents were evacuated from homes from that around area while police and a bomb squad conducted a search. in the end, no explosives were found. oakland police are searching for the gunman who shot two people at a late-night party. it happened around 11:0 outside the new parish nightclub at 19th and jefferson. the injuries are non-life- threatening. the victims were taken to highland hospital. police have more problems to deal with. a fight actually broke out at the hospital between the friends of the victim and at least one person was taseed by

police and arrested. trains are moving again this morning. that's good news. this is following a major derailment in west oakland. now, ktvu's allie rasmus has been monitoring this service all morning long and joins us from the emeryville station. it looks good out there. >> reporter: it does, claudine. service is back after the derailment yesterday. the derailment happened on these lines about a quarter mile away from where we're standing here and jack london square. amtrak says all of the trains are running as scheduled on these lines. and they have been all morning. about a half hour ago, we watched two union lines make their way down the lines and the amtrak lines have been working. all of them have departed from this emeryville station online. we saw people with their

computer bags and luggage in toe. many were getting ready to travel and many were surprised about how quickly the service was underway. they say two empty rail cars on one of the freight trains tipped over and they had to shut down the lines. >> i have to be at work at 9:00. >> i take the train twice a week to san francisco. to me, my alliance is high on this system. i'm very much for the service to be restored. >> reporter: it was easy travel for commuters this morning, several trains were either cancelled or delayed and amtrak had to bus passengers between the emeryville and oakland

station. we asked amtrak how many commuters were affected by the delays. they told us they wouldn't have those numbers on until later on this morning. union pacific is doing an investigation to find out why its rail cars tipped over in the first place. reporting live in emeryville, allie rasmus. ktvu channel 2 news. >> thank you. we should know shortly if ac transit drivers will be back on the job in full force today. riders certainly hoping to finally see an end to several days of delays. according to the district, 140 drivers, or 15% of its work force, called in sick yesterday. the district said that's really been the same problem every day for the past two weeks ever since the district imposed a new contract. the judge tossed out that contract on monday. but both sides are still at odds about the contract. >> they make $100,000 plus in wages and benefits. they owe it to the riders and taxpayers to come back.

>> there are 15 operators at 10:00 this morning called in, out of 1100, sick today. >> ac traps it and the union are scheduled to -- transit and the union are scheduled to begin arbitration this month. the district says it needs to make drastic cuts. the union is still disputing the size of that deficit. 7:08. let's go to sal. there's been another crash in solano county, right? >> that's right, dave and claudine. this time it's eastbound interstate 880 in vallejo right near the cherry glen exit. it's east 80 at cherry glen in the left lane. traffic is also beginning to slow in the westbound direction driving from fairfield to vacaville. give yourself some extra time. let's give you some live pictures. at the toll plaza, there's not a big delay. there is a little bit of a snag there after the metering lights.

but nothing major. once you get into san jose, 280 looks good. 101 looks good. 7:09. here's steve. back in the fog. we had it burn off sooner yesterday which was a good thing. tough for coast and bay side with temperatures in the 60s and 70s. about 3 to 5 degrees warmer. inland we had some low 90s yesterday. we're getting more of a sea breeze. foggy, misty out there. it will be sunny today, cooler and breezy to windy at times. this cooler pattern starts today, a little bit, and then a lot of it tomorrow. that takes us right into friday. the seven-to 10-day outlook. nevada, reno, it's been hot. but there are signs some of those areas will cool down. we'll see but that's what the forecast models are saying. it's foggy and cold in the

city. 52, 62 on the high side. yesterday's high was 63. not much change. average high this time of year is 68. haven't seen that in a little bit. 77 in santa rosa after yesterday's 81. did manage to eek out a low 80. oakland finally broke through, above 68 and hit 70. but today, back into 60s and 77 san jose after yesterday's 8. 52 san rafael/napa and santa rosa. no change. 37 in tahoe. reno, 59. yet, reno again, another day yesterday of 90 degrees or hotter on their high. that's 30 consecutive days, seventh longest streak ever. it's still hot on the coast. there's a lot of tropical clouds in southern california. more sunshine and warmer down there.

for us, more fog and mist. the system driving down from seattle/portland and it will be cooler tomorrow. i think we'll see a cooler pattern take shape tomorrow and then that will really usher in a cooling trend by friday and then we keep it there as we go into the weekend, claudine and dave? >> all right. 7:11. it does look like a procedure to permanently fix bp's broken oil well is working. but there are gonna be long- term environmental impact the from the spill. we're also following developing reports over the attempts to kill the president of iran. details -- coming up.

a senate hearing today

looks into the long-term impacts of dispersants used in the bp spill. ktvu channel 2 reporter alison burns is live in our washington, d.c. bureau with the very latest. hi, alison. >> reporter: barbara boxer is chairing a hearing on the dispersants being used in the gulf. let's take a live look at the hearing room where senators will be giving testimony from scientists and government officials about the unprecedented use of disperse apartments in dealing with the oil spill disaster. senator boxer and others say there are serious questions about the long-term impact. meanwhile there's also some very good news this morning since bp's broken well was capped and the oil well stopped last month. there's been a lot of worry about what happened to the tons of oil already in the gulf. today, scientists say three- quarters of it has evaporated, dispersed, has been captured,

or otherwise eliminate the. >> i think in part it's testament to the fact that we -- we had 7,000 vessels, more than 40,000 people working to clean it up, capture it, skim it, to burn it. and that's why the vast majority of the oil is gone. >> reporter: scientists say the remaining oil is breaking down rapidly, but there are lingering questions about the damage done by the dispersants and the oil on sea life and the gulf ecosystem. i'll have the very latest from this morning's hearing in about an hour. reporting live from washington, d.c., alison burns, ktvu channel 2 news. >> thank you. 7:16. there's developing news coming from iran, where there are reports of an assassination attempt against iranian president, mahmoud ahmadinejad. there are conflicting reports there was an explosion near the president's motorcade. one report says it was a handmade grenade that exploded but the government denies that. they say it was just a firecracker.

look at these photos. now, in this photo you can see the president's bodyguard and the president himself reacting to whatever that explosion was. president mahmoud ahmadinejad was not hurt. back here at home today, the senate is due to release an audit that shows billions of dollars in fraudulent disability payments to federal employees by the significance administration. now, the audit shows almost $11 billion in what's called questionable payments to 1500 federal employees. most of the cases involve workers who receive payments even though they had returned to work. the social security commissioner called that audit hopelessly fraud. 7:17. today is president obama's birthday. he's 49 years old. the president plans to fly home to chicago today to celebrate with friends. here in the bay area, a group of obama supporters will hold a president's birthday bash and a

phone bank in oakland tonight. that's all part of a nationwide effort on the president's birthday to encourage first- time voters to go to the polls in november. the president will celebrate his birthday without his family. his older daughter, malia, is at summer camp and michelle obama and sasha are vacationing in spain. the white house says mrs. is accompanied by long-time friends and will visit the queen and king of inland. now we're hearing tom brokaw will mop ter a debate -- will monitor a debate at the dominican university between meg whitman and jerry brown. now, brown and whitman are scheduled to face off in three debates before the november election. as you know, tom brokaw is a former news anchor and white house correspondent. he's moderated presidential

debates since 1976. california democrats have now released their plan for solving the state's ongoing budget crisis. the plan includes $8.3 billion in spending cuts. it also includes an increase in axes that are -- taxes that are eligible for reduction while cutting the state's sales tax almost in half. democrats say this will lower taxes across the board for californians. republicans say the plan relies on billions in income, car, and business tax hikes. prosecutors are charging nearly a dozen people with smuggling phony luxury items into the bay area for sale at san ancisco's fisherman's wharf. i.c.e. showed off some of that merchandise, including gucci, fendi and prada as well as nike shoes and ed hardy jeans. it's just a sampling of the items i.c.e.

says were shipped into china ha million if they were real. >> it robs americans of jobs. it stifles innovation and it promotes time. >> now, this was all the culmination of a two-year undercover operation in which agents raided eight different stores and arrested 11 people. the suspect faced charges of conspiracy, smuggling and trafficking of goods with penalties as high as 20 years in prison. still ahead -- the city of oakland's plans to allow large- scale marijuana growing operations is getting attention and why the feds are now taking an interest. and good news for those riding muni. coming up, how changes could affect your daily commute. your daily commute on the east shore freeway, not too

bad. when you get to the top, you will have a nice -- get to the toll plaza, you will have a nice surprise. we'll have another commute straight ahead.

7:22. two men from dublin are accused of running an illegal pot growing operation in livermore. livermore police arrested kurt cold feetfield and michael ballinger after a raid on preston court. police say they found about 600 plants in various stages of growth, along with a high- powered lighting system. investigators say there's no way it was a legal grow. they're estimating the street value at p $200,000. oakland's plans to allow large-scaled medical farms, the officials asked if the ordinance on the website is a draft or the final version.

agents also asked for details and a time line. marijuana of this kind is illegal under federal law. but eric holder said go going after medical marijuana growers is a low priority as long as they conform to state laws. there's good news this morning for people who ride muni. the agency says it's going to restore 61% of the service cuts rolled out in may. those cuts affect mainly light rail routes, overnight service and key bus lines. money for the restoration comes from local sales tax revenue, regional funds and because they mooed around workers schedules. the public was able to look at the new tunnel. the facility will be the hub for ac transit, golden gate

transit, muni, samtran while the new facility is being built. that will take about seven years. the old terminal will officially close this saturday. 7:24. let's talk traffic. sal's coming back. what do you see out there? >> well, we're doing pretty well when it comes to getting across bay area bridges. we're looking at the golden gate bridge. southbound 101 looks good. a little bit of fog on the northern end, which is not unusual for your drive. but the commute through marin county looks pretty good. if you are driving to the bay bridge there is more of a backup here. it's about a ten-minute delay, maybe less than that. you can see there is a little bit of a crowd forming at the toll plaza. also this morning's commute is going to be okay on 880 north and southbound. getting word of b.a.r.t. delays. 15 minutes from west oakland to san francisco. it's b.a.r.t. from west oakland to san francisco. a 15-minute delay on the way into the city.

here's steve. we have a lot of low clouds and fog. in fact, very misty conditions. a couple of people have tweeted me, yes, yes. they've said very misty in oakland. a lot of low clouds, foggy, foggy conditions. gray over the bay. no doubt about it, fog, sun. cooler today. we have seen the sea breeze pick up a little bit. west-southwest fairfield at 20. but even west-southwest vallejo at 9. low clouds, mist, sunny, cooler. 90s for those well inland. the trend is to bring temperatures down a little bit over the next few days, even well away from the coast. 72 at mount tam. the warm air aloft is still coming there. as the pacific system drops in that will take care of the warm air. the tropical system in serve nevada and arizona and california looks like it should

be winding down. fog, mist, sunny, cooler after that fog and mist burns back. a little slower compared to yesterday. by 11:30 it was gone. low to mid-80s unless you are well aware from any fog influence. but the team is to -- theme is to cool it down and keep it there probably for a while. police are asking for the public's help this morning after a terrifying home invasion robbery in the south bay. also we now know more about the deadly rampage shooting at the beerhouse workplace, including a possible motive.

a federal judge in san francisco has reached a decision on whether to uphold or overturn proposition 8. california's ban on same-sex marriage, u.s. district judge von walker says he's going to issue his ruling between 1:00 and 3:00 this afternoon. it's in response to a lawsuit filed by two same-sex couples and the city of san francisco. attorneys on both sides say they will appeal if the ruling doesn't go their way. it's expected this case is going to go all the way to the supreme court. now, stay with ktvu channel 2 news at and ktvu.com for breaking news on this court ruling. we'll bring it to you today on air and online when it happens.

7:30. police in menlo park want your help. they are trying to find two gunmen who carried out a home invasion robbery. now, the police released these sketches of the two suspects. they got into a home saturday morning on san mateo drive. investigators say one man held a woman resident at gunpoint while another stole an ipod from another woman and ran away. no one was injured of. only item take appears to be the iphone. one suspect is in his 30s latino. the other, in his late 20s, and is said to be heavy-set. take a look at this surveillance photo of the suspect had suspect. this was taken early yesterday in the latest robbery. police say he's about -- between 25 and 5 years old --

35 years old. about 5'9" and weighs 180 pounds. investigators say this robber first struck the wells fargo branch back on june 29th. this is the same bank branch they say he robbed yesterday morning. there's a $5,000 reward offered information leading to his arrest. local police have released a sketch of a man who they say tried to abduct a woman as she was walking in the concord neighborhood. the suspect is described as an hispanic man in his 20s. about 5'7", weighing about 150 to 165 pounds. he also has brown hair in a buzz cut. he's accuse of trying to pull a woman into the car he was riding in as she was walking last thursday morning 0 the 2,000 -- morning on the 2000 block of sunshine drive. she reportedly punched him in the face and got away. federal prosecutors are dropping charges against an oakland man accused of groping

a 14-year-old girl on a flight from atlanta city. he was charged with abusive sexual contact but the attorney deathed to the case say the girl gave differing accounts of the case and the flight attendants said they didn't see any of the groping that the girl claims happened. we're finding out more about the gunman who went on the shooting rampage in connecticut yesterday. the gunman was a driver for a beer distribution company inman chess ter. police say he was on his way to a disciplinary hearing yesterday. eight people were killed, two others were wounded before thornton killed himself. the company says thornton was called into work because he was caught on video stealing beer. >> we thought he was being

offered an opportunity to be terminated or to quit and when being led to the facility, that's when the shooting started started. we're finding out more about the 1-year-old california boy -- 11-year-old california boy who died during a football practice had a rare and undiagnosed heart condition. he was from garden valley. he was taking part in the first practice of the year for his pop warner team. family members said he told his coach he wasn't feeling well and then a couple of seconds later, he just passed out. his father was run -- was one of the coaches on the field. >> and they lost his heartbeat. they brought him back. they lost it. they brought him back, about three different times. >> an autopsy revealed the young boy had a heart condition that caused his heart muscle to thicken. it's a condition that wouldn't

normally be discovered during a routine physical exam. today, the public is invited to pay final respects to former oakland raiders star, jack tatum. tatum died of from -- from complications diabetes played on the team that won the 1976 super bowl. fans are going to be encurabled to talk -- encouraged to talk public about him. memorial services are going to be private. let's talk about traffic. we've got b.a.r.t. delays. we're gonna check in with sal. i know sal is checking on -- this is breaking stuff, probably. yo same sure sal is pulling together all of the details -- in fact, now -- we'll get to sal in a moment but we're going to go to allie rasmus. there was a train -- an amtrak

train delay last night but things got better on the tracks and she's m emery -- in emeryville. >> reporter: good morning. things are back to normal. this was after yesterday's train derailment that you mentioned. many commuters were expecting that derailment to upset the commute this morning. but as of midnight, the derailment and mess is caused had been cleared. about a half hour ago we watched two union pacific freight lines make their way down the tracks all morning amtrak passengers trains have moved along. inside the waiting area we've seen several dozen people with their computer bags and luggage in toe. many say they appreciate how

quickly amtrak restored service. the freight train derailment happened around 4:0 this afternoon -- 4:30 this morning and say one of the cars tripped over and they had to shut things down. some commuters say it's a miracle things are back normal. >> i need to get back home. vy a broken truck in davis. >> i'm very impressed. i know this takes a lot to get things up and running. so they did a quick turnaround. i appreciate it. smooth travels for commuters this morning. but it was a different story

yesterday evening. several trains were either cancelled or delayed. amtrak had to bus passengers between the emeryville and oakland station. union pacific is conducting an investigation is find out why those two rail cars tipped over in the first place, setting off all of yesterday's delays. but things are back to normal at the emeryville station. reporting live in emeryville, allie rasmus, ktvu channel 2 news. >> thanks for the good news. 7:7. we might not have as good of news if you are a b.a.r.t. rider this morning. we're gonna go to sal castanedo for a look at problems with b.a.r.t. high, sal. >> hey, claudine and dave. this morning, we we have a train that was taken out of service on the way to san francisco from west oakland. so that's causing 15-minute delays. into san francisco. the way that works is eventually those delays will filter on to that line. it might be delays coming out of san francisco again. that train will leave a hole in the system if you will. for now, 15-minute delays into san francisco from west oakland. let's take a look at what we have now. this is a look at westbound bay bridge, the traffic is backed up for about a 10 minute to 15 minute delay. it looks like this is the heart of the commute. nothing major on the bridge. but there is a delay.

also the morning commute on 880 northbound getting a little bit busier. north and southbound 880 right near the coliseum. this morning's drive on 237 is also slow, as you can see. westbound 237 traffic is going to be slow as you drive out towards the highway 101. yesterday we had kind of a bad commute on 237. today it's better. no major problems on 880. here's sal. for those of you -- steve. forethose of you have tweeted mae about it -- me about it being misty, yes, it is. we were taking a drive around lake merritt. sun came out, it's beautiful. foggy, misty, sunny, cooler. much more of a sea breeze. more clouds today than yesterday. a pretty good-looking pattern

is establishing itself. it will come in tomorrow and then friday and then the seven to ten-day outlook keeps us cool. there are some areas, especially up in nevada, las vegas. reno's been hot, lake county has been hot. but it look like the west coast will go into below-average temperatures if this verifies on the forecast. i think they will. they are in sync. it's still about 1500, 1800 feet but i think by tonight, tomorrow everything it will get up to 2,000, 2500 feet. too much fog. 52. 59. 62 should be 68 for a high this time of year. 1998 again, on the record highs except for san francisco. 83 in 1947. oakland only 84 but then, santa rosa, back toback days of 106. i will buy it. it seems unusual. 10 in san jose and mountain view. 3. they will be 73 today. another friend of mine -- i

have three -- at mountain view, he says, what the heck is going on? it's cold and foggy out here. well, it is. we have a lot of fog. >> now, it's hard to -- it's coming down from seattle and portland. it's on the way. it's already starting to establish itself with more of a sea breeze today. so fog, mist, sunny, cooler. a little winning. maybe san pablo out to the carquinez strait. looks like cooler thursday and friday, claudine. >> all right. time now is 7:41. california sea otter population may be in trouble. federal biologists, say the number of those cute creatures you see swimming off the coast

has dropped sharply in the last three years. at its peak, the population numbered around 15,000. now there are just 2700. younger otters and the young are hardest hit. >> these prime -- primates females we are seeing them dying at a high number. >> scientists say why the otters are dying off remains a mystery but it could be a combination of the el nino storms, more shark attacks. combining those factors with human pollution and pathogens. our view is on the scene of that evacuation in san jose. up next you will hear from the man who called police.

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>> reporter: you see that brown fence right there? yesterday afternoon -- wherever people spent the night last night, they were finally allowed back in their homes around 4:00 a.m. yesterday. police say they did not find an

explosive device. but we have pictures and videotape of the man making that device. take a look at this. see if you don't think it looks like something that might explode. this is a short video taken by an upstairs neighbor. it show a man living in the same house putting together four or more cylindrical objects. if you look closely there appears to be fusing. it all started yesterday afternoon as robert -- he didn't want us to use his full name or face -- returned hoe. he told -- told us he saw him putting together this thing, what looked to be a bomb. when he saw that, he went upstairs and thought about calling police right away. what he did instead was grabbed his video camera and he took those pictures that you just saw. after he took the pictures, he did call police. but listen to his story. >> i came home and came through the gate where my room is located and i saw a person who

is in the garage -- who lives in the garage building what appears to be a bomb. >> what made you think it was a bomb? >> fuses coming out of the end of it, he was sealing the end of it off with silly cope. kind of looked like four pieces of dynamite taped together. >> police say the device was not an explosive. but robert says it's hard to believe based on how it looks. last night the bomb squad took several hours to make sure the device was not a bomb. dozens of neighbors were told by police to leave their homes while they investigated. the man who recorded the videotape say the man who recorded the device was taken into custody but not because of the object he appeared to be building but on unrelated charges. if you take a live look at the home, there are different

sections of the home. there is an apartment there. a family lives on the other side. very complicated living situation. ronert told us the man taken into custody is a relative of those living in the main part of the house. coming up we'll tell you why robert decided to videotape what he saw. kraig debro, ktvu channel 2 news. >> thank you. 7:47. santa clara-based intel is calling a truce in one of its last major anti-trust battles. we've just learned the company has agreed to change some of its practices to settle a federal anti-trust lawsuit alleging a decade of abuse. the fcc charged intel with using the size of the company to force computermakers into deals that would make them not use the chip of their rivals, including advanced microdevices.

video game company says scrabble for ipad helped boost sales. it's the second quarter in a row they had these results. mexicana airlines filed for bankruptcy and that's forced schedule changes for several flights to and from the bay area. mexicana suspended its flight from guadalajara to oakland and flights from oakland, san jose and san francisco are being routed to mexico city instead of going to other airports. mexicana said it was forced into bankruptcy and it couldn't reach -- when it couldn't reach labor agreements between its pilots and flight attendants.

a movement to stage a boycott of target stores is gaining momentum. target is under fire in some circles for contributing $150,000 to a group backing a conservative candidate for governor of minnesota. republican tom emmer opposes same-sex marriage. target issued a statement saying it supports the candidate's pro business policies and not necessarily his stand on social issues. 7:50. you want drama? more drama this morning between bristol palin and levi johnston. we'll let you hear what sarah palin has to say about it. and one bay area lake won't be a good place to cool off, at

least for a few weeks this summer. we'll tell you why. what this droid does will change how you do web connections. this creates a mobile 3g hotspot, powerful enough to fuel multiple devices at will. putting you at the center of your own world wide web. introducing the new droid x. the next generation of does.

for the first time a state board has adopted a policy about how much water should flow from the delta. the board says diverting 50% of the delta's fresh water is not adequate to maintain nature's balance in the sacramento/san joaquin delta. while water agencies are disputing that report, environmentalists say it's going to ensure the future of the delta's delicate ecosystem. san jose's almaden lake will remain for at least two more weeks. the lake was closed after park workers discovered blue/green

algae. that can cause skin irritation. so far no one has gotten sick. but the rest of the park will remain open and that includes the water spray area. the unseasonably cool temperatures we've seen here in the bay area have made this the coolest summer in more than 30 years. usually during the summertime those if the -- those fountains in downtown san jose are killed with kids playing in the water. but with degrees 15 degrees cooler, most are not trying to cool off. >> i have not hit the beach because it's been foggy and cold. >> lately the sun doesn't come out until 11:00 and then you get real cool at night. >> the vendors out there at the santa cruz boardwalk say in one way the lower temperatures have been good for business. there's been 0 big increase in

the number of -- been a big increase in the number of sweatshirts sold. bristol pail is cauing -- palin is calling off her engagement to levi johnson. she said she -- levi johnson. she said she called off her engagement after she said she thought that levi fathered a child with another room. she says she says, "she thought she got played. sarah palin says she hopes this experiences teaches her daughter she needs to trust and verify. we can verify there's bear delays this morning. -- bear delays this morning. a lot of people get upset because one of their trains was

taken out of service and that creates a hole in the system and judging from the tweets i'm getting, some are delayed and not that happy. let's take a look at the toll plaza. sometimes we have people who drive their car. instead -- instead of driving or taking b.a.r.t. they will drive and that traffic has been okay. at 8 80 northbound the traffic looks good. on the peninsula, 101/280. 101 is okay. 280, a little bit of traffic coming out of the cupertino area, heading up the peninsula. let's go to steve. >> thank you, sal. mist, mist. a little drizzle around the area. had a little sun. san francisco 52 right now. the high will be 62. it was 63 yesterday. it was 61 on monday. just not budging.

so temperatures by the coast really struggling to warm up. santa cruz did not even hit 70 yesterday. low clouds, mist, sunny, cooler inland. can't get cooler by the coast. 60s, 70s around the bay. we had a warmup of 3 to 5 degrees yesterday. 52 sap ralph fell/napa is in there. mid-50s, oakland berkeley, only concord says clear. everyone else size cloudy. if it's sunny where you are, you can always tweet me. 30s in the mountains but their afternoon highs are warm, warmer than many here. sacramento, 57. there will be a little bit of a cool downin lake county and more so as we head into the next couple of days. even the -- windy at times through the san pablo bay through the delta. fog, mist, gives way to sunny but cooler conditions. still some mid- to upper 80s way away from the coast.

cooler inland thursday, friday and not much change into the weekend. claudine and dave? we are getting some new information into the newsroom right now about that plane crash in phoenix. we're gop have the latest for you -- up next. and a gunman shooting.

gob

>> reporter: good morning. is the same-sex marriage ban approved by voters constitutional? a federal judge is expected to make a decision today. we're also following new developments involving that early-morning plane crash in arizona. >> reporter: dozens of residents in the san jose neighborhood are back in their homes this morning evacuated when somebody reported another neighbor making an explosive device. find out why ac transit riders are still very anxious this morning as they head to work. the second hour of "mornings on 2" starts now.

good morning. welcome back to "mornings on 2." i'm claudine wong. tori campbell has the day off. >> and good morning. i'm dave clark. it's wednesday, august 4th. well, today is a key day in the battle over same-sex marriage. a judge says he will announce his decision today on whether to uphold or overturn proposition 8. ktvu's jade hernandez joining us now. she's at the federal courthouse in san francisco with the very latest. good morning, jade. >> reporter: good morning, dave. we're hours away from a federal courthouse where a judge is going to make a decision. some people have shown up with signs with biblical quotes against the same-sex couples. there are a couple of different things we could see today. a judge is expected early this afternoon, steam between 1:00 and 3:00 -- sometime between

1:00 and 3:00. same-sex marriage advocates are hopeful about u.s. district court judge von walker's decision today. >> constitutional case league this one are those instances where we right a past wrong. and that's what really makes america -- those things that we hold so dear, the tenants of equality under the law for equal people. those are deeply in american traditions. it's not been made clear for the gay and lesbian community. it's time. >> reporter: supporters of the prop 8 ban say the court should uphold what the voters want. prop 8 passed november of 2008

at the polls here in came. for others, it's an equal rights issue. the couples who filed the lawsuit, one lesbian couple from berkeley and one gay couple from burbank athey are fighting for equal rights for millions of americans who don't have a right to marry their partner and are denied the rights of married couples. the decision today is expected to be appealed to the 9th circuit court appeals in san francisco. this case could reach an is expected to reach the u.s. supreme court by 2012. reporting live in san francisco, jade hernandez, ktvu channel 2 news. >> all right. thanks, jade, for the update. 8:03. we do have more information coming into "mornings on 2" about that plane crash in phoenix. police are cfirming that the pilot of a single engine aircraft that crashed into the building you are seeing there was killed. what's not here right now is if there are any passengers on board that single engine plane.

you can see the firefighters trying to put out the fire. that's a best control companthe around 6:00 this morning from the deer valley airport. witnesses say the plane took off to the east, circled around and headed north. they also say they heard a sputtering sound right before that plane crashed into the brick wall. we now know what brought about a neighborhood in san jose last night. kraig debro has more information from the man who first alerted police. >> reporter: good morning. it happened behind me in the house, where the brown fence is. one resident said he came home and that's when he saw what was happening. what it led to was the evacuation of a whole neighborhood. people in this neighborhood were told to go a few different places in church. some people spent the night in the nearby elementary school

parking lot. police finally allowed everyone back in around 4:30 police say they didn't find an explosive device but we have the videotape of the device and the man making it. this videotape was taken by an upstairs neighbor. it shows a man who lives in the same house putting together four or mervin dry cal object the -- cylindrical objects. this all started yesterday afternoon as robert, he's the upstairs neighbor. he didn't want his full flame or face used -- returned home. robert said when he walked through the gate, the person was working on what appears to be a bomb. fuses coming out of it. it looked like four sticks of dynamite. >> i walked up to my room, grabbed my video camera and came out and took some pictures of it. >> reporter: he didn't know you were doing? >> he didn't know. no clue. no clue. >> reporter: and they evacuated e whole

neighborhood. >> and you described it to them. i downloaded it to memory and gave it to the cops. >> reporter: he said he wanted to make a documentation of what he saw. so if need be there would be some evidence, full-proof evidence of what was going on. last night, the bomb squad took several hours to make sure the pom device was not a bomb -- the bomb device was not -- the device robert had was not a man. the man who recorded the video took the man -- [ no audio ] >> we're having technical difficulties. we apologize for that. we'll continue to follow the story and talk more about this. oakland police are searching for the gunman who shot two people at a late night

hip-hop concert at a club on 19th and jefferson. the injuries are non-life- threatening. the victims were taken to highland hospital. police had more victims to deal with. one person was taseed by police and then arrested. that shooting happened as many bay area cities hosted block parties. oakland held 400 parties like this for national night out. there was still concern about the 0 police officers laid off. we're waiting to learn if ac transit drivers will be back on the job in full force today. this after several days of delays. according to the district, the drivers called in sick. they say that's the same

problem they've been having since the district imposed a contract on the driver -- drivers. the judge did throw out that contract. >> they make $100,000 plus in wages and benefits. they really owe it to the riders and the taxpayers to come back. >> there are 15 operators. at 10:00 this morning, called in, out of 1100, sick today. >> ac transit and the union are expected to begin arbitration this month. let's see what's happening out there now. sal's watching the roads, especially east. bay, right? >> that's right. right now we're looking at the east bay freeway starting with highway 24 this morning. westbound. it looks okay driving through la fayette getting through the tunnel and no major problems on the ear side. the traffic is moving along okay.

this morning's commute is going to be okay on westbound 80. at the toll plaza. there is a little bit of a delay here. maybe five minutes at the toll plaza after the metering lights. >> if you are driving in the south bay northbound 101 is a little bit slow still. 280 approaching el monte, there was an earlier crash and that traffic is slow. we're also getting word about some ac transit lines being cancelled. those are the ones that go to the transbay terminal. these are unconfirmed reports they are trying to make -- reports. we are atrying to get -- we're trying to make contact with them right now. let's go to steve. our foggy pattern continues. yesterday, we had a almost bit of a break. today, it looks like it's going to stick around a little bit. cop cord and also out in oakley, got a tweet from oakley, sunny out in oakley. you can always tweet me.

most of them i get are foggy, mist. speaking of foggy and misty, sunny but cooler today. old friends of mine back in meteorology class. cooler pattern continues tomorrow. it looks like if everything is in simple, it shows the loading up of low pressure. the heat tends to be off towards east. also into nevada which is just had a blistering stretch there. for us, the fog has kept the coast really cool. today is no different. 52 in san francisco. high of 62 and temperatures went up a little bit. they will come back down today. san francisco, 62. there's the 82 in walnut creek. oakland did hit 70 yesterday. not only downtown but also at the airport. kind of rare. usually it's about 67, 68166.

today we're back to 67. mount tam, here you if -- they were 5 degrees warmer yesterday. now they are 2 degrees cooler. atherton, woodside, 5. 86 las vegas. 37 tahoe. they do warm up in the afternoon to the mid-80s. upper 80s. but the coast stays cool. inland, it will be sunny, warm, but not as warm as yesterday. and then a much cooler pattern thursday and friday. we'll keep it right there into the weekend. dave and claudine? bp officials are gonna answer some tough questions today about the long-term environmental impacts of the gulf oil spill. we'll have a live report coming up. well tell what you iran is

saying this morning about reports of an assassination attempt on president mahmoud ahmadinejad. dad, sometimes i feel like we're different. are we?

we are different, son. we serve teriyaki bowls. delicious steak or grilled chicken on a bed of steamed rice, with broccoli, carrots and teriyaki sauce. you bet we're different and proud of it. but aren't we different in another way? we serve anything on our menu anytime of day. that's my boy.

well, bp says it's reached a milestone in its efforts to permanently seal a broken oil well in the gulf of mexico. a senate hearing today looks into the long-term impacts of the dispersants used. alison burns is live in our add newsroom with the very -- in our washington, d.c. newsroom with the very latest. >> reporter: within the last half hour, california senator barbara boxer used a senate hearing to grill federal officials about the safety used in the gulf of the dispersants. >> this massive operation of the dispersants was carried out, this does raise serious concerns about the environment and about unintended consequences. >> reporter: there's news that the dispersants are working. a new report says 75% of the oil that spilled from the broken well is gone. and the oil still in the water

is breaking down rapidly. the feds say it's a result of the massive response effort but as we are hearing this morning, there are lickerring questions about the -- lingering questions about the damage that remains. alison burns, ktvu channel 2 news. >> thank you, alison. 8:15. we have developing news from iran this morning. there are reports of an assassination attempt against iranian president, mahmoud ahmadinejad. now, there are conflicting reports that say there was an explosion near the president's motorcade. one report says there was a homemade grenade blew up but the government says it was a firecracker. taketake a look here. you can see the president's bodyguard reacting to the explosion. the president right there in the middle there was not hurt. today, the u.s. senate will release an audit. it shows billions of dollars in fraudulent disability payments by the social security administration to federal

employees. the audit shows almost $11 billion in questionable payments to 1500 federal workers. the significance commissioner called this audit hopelessly flawed and claimed the examples were insignificant. >> today is president obama's birthday. he's 49 years old. he's speaking at a meeting in washington. but later today he will enjoy his birthday. when he friday -- when he flies home to celebrate with friends in chicago. they will have a phone bank held tonight today in oakland. the president is going to celebrate his birthday without his family. his older daughter malia is at summer camp and michelle obama

and sasha are both vacationing in spain. we're hearing that tom brokaw will moderate a debate between california's top candidates for governor on october 12th. "san franciscosan francisco chronicle" will be the only questioner in this debate. whiteman and brown are set to square off during three debates. tomtom brokaw, as you know, is a former moderator, news anchor and white house correspondent. the assembly's committee is holding a hearing. researchers are asking for dna samples. they want to know how they plan to protect privacy. prosecutors are charging

people for smuggling items. i.c.e. showed off some merchandise which includes, gucci, fendi and prada products. it's the sampling of 200,000 counterfeit items i.c.e. says were shipped in from china. all of that would have been worth about $100 million if it were real. >> counterfeiting badly undermines the united states economy. it robs americans of jobs. it stifles innovation. it promotes crime. >> this was all the culmination of an undercover operation. agents arrested 11 people. the suspects face charges of conspiracy, smuggling and trafficking. those come with penalties that could send them to 0 years in police -- 20 years in prison. coming up, we'll tell you why the feds are taking a

special interest now in marijuana growing operation. and a peek at the new temporary transbay terminal.

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welcome back.

oakland's plan to allow large scale medical marijuana farms is attracting the attention of federal authorities. the dea asked the city if the ordinance on the city's website is a draft or a final version. the agents also asked for details and a time line for the plan. marijuana of any kind, as you know everything is illegal under federal law. but attorney general eric holder has said that medical marijuana users and growers is a low priority just as long as they follow state law. two dublin men are accuse of running an illegal pot growing operation in livermore. livermore police arrested two men after a raid on a business park on presston court. they say they found about 600 plants in various stangs of growth along with a high- powered lighting system. investigators are estimating the street value at about

200,000. there's good news for people who ride muni. the agency says it's going to restore 61% of the service cuts it rolled out in may. those cuts affect mainly light rail routes, overnight service and key bus lines. the money is coming from local sales tax revenue, regional fund and because they moved around the employee's schedules. the public was able to look yesterday at this transbay terminal. the facility is going to be the hub for ac transit, golden gate transit, muni, samtrans and greyhound while the facility is being built. that should take about seven years. the old transbay will close nilly this -- officially this saturday. let's go back to sal to see how the bridges are doing. >> you can see at the bay bridge we have a backup.

i said earlier on my twitter thing, it looks unusual to have the bay bridge backed up. usually in the last month or so, it's been very light. san mateo bridge looks okay. golden gate bridge looks okay. on the richmond bridge is looks well. i had somebody send a set that said everyone's at work and the trains are full. here's steve. hi sal. yesterday we had the fog, it burned off it sooner. temperatures came up. today right back down. a lot of mist. a lot of fog. just -- we're just in this pattern, folks. people e-mail me, what's going on? we're stuck. the pattern has been this way since about march. i don't expect it to change much. in fact, a cooper pattern that would be for you -- a cooler pattern for you in lake county looks to start tomorrow.

the seven-to ten-day outlook, it will be much cooler along the coast as we head into august. why not? it hasn't changed much. san jose, cloudy and 60. santa rosa, napa, san rafael, all 53. 90 already in las vegas. they are losing that tropical cloud. they might be hotter. reno is 61. they have had 30 consecutive days of warmer weather. clearlake -- i think middletown was 90 up in lake county. if you want warmer weather head up too lake county. there is a system that will give us more of a pronounced

cooling trend. fairfield with 91 yesterday. but they have a west-southwest wind at 0 with gusts to about 25. that's much stronger than yesterday. we'll take that right into friday and then just keep it and it will be cool, mild 0 over the weekend. still ahead. we have more details on that deadly workplace shooting that happened in connecticut, nine people left dead, including the suspected gunman. >> reporter: and california voters approve the same-sex marriage ban but is it constitutional? we expect to hear a federal court judge's decision in a few hours. and amtrak service is back op track after yesterday's derailment.

a federal judge in san francisco says he's already made his decision about whether same-sex marriage is constitution. jade hernandez is live where the decision will be handed out. >> reporter: good morning. this days may make -- case may make it all the way to the supreme court. we're live in san francisco this morning. the judge is expected to rule on whether a same-sex marriage ban approved by california voters in 2008 is constitutional. chief u.s. district judge von walker will issue his decision between 1:00 and 3:00 this afternoon. same-sex marriage advocates are hopeful about today's outcome. they say this is an equal

rights issue. >> american tradition doesn't always get it right the first time but eventually justice does prevail for all people. so i know in my heart, it's the generation's obligation and honor to see this through and to see this in to the history books. >> reporter: yesterday, proposition 8 supporters asked the court to not allow same-sex marriages to resume if they lose this case saying, "same- sex marriages would be licensed under a cloud of uncertainty and should opponents succeed on appeal" the ban would be overturned on appeal. on the other happened, two couples who filed the lawsuit say they are fighting for equal rights for millions of americans who don't have the right to marry their partner or have the right to the same benefits legally married couples have. witnesses testified that marriage is an evolving

institution in the united states. supporters of the ban say the court should uphold. proposition 8 passed in 2008 and the conservative religious group who sponsored this said children are better off with married, biological parents. we'll continue to follow the story for you. reporting live from san francisco, back to you. >> thank you. >> 8:32. trains are back on schedule at this hour, following that major derailment at west oakland. allie rasmus is live at the emeryville station and how are things going? >> reporter: well, you can see it and you can certainly hear it. we're standing right next to an amtrak passenger train that just pulled up about -- just a few minutes ago. the now, the restoration of

passenger and freight service comes 24 hours after yesterday's train derailment. it happened on the -- [ inaudible ] >> along with the passenger trains we watched union pacific trains moving along. they've been departing from this emeryville station this morning all morning. many are coming out of the area with their computer bags and luggage getting ready to start their morning commute and travel. many people we talked to said they are glad things are back to normal because they say they rely on amtrak. >> i don't like to fly. this is very important. i don't like to take the bus. a lot of times i don't like to drive. but i like to take the train because i can get on the train and i can relax.

>> oh, i'm very happy. amtrak does a trick job of keeping things together. >> for me, because i'm going to work, my reliance is very high on this system. so i'm very much for the service being restored. >> reporter: now, the freight train derailment happened 4:340 yesterday -- 4:30 yesterday afternoon. they had to shut things down. last night, passengers, many of them had to be bussed between this station and the station at jack london square. we asked ap amtrak spokes person how many commuters were affected. they say those are numbers they won't valley in later on this morning. they are conducting an investigation to find out why their rail cars tipped over in the first place. but again, everything is back

to normal. reporting live in emeryville, allie rasmus, ktvu channel 2 news. >> thank you. police in menlo park want your help this morning. they are trying to find two gunmen blamed for a home invasion robbery. we have police sketches of the suspects who broke into a house on san mateo drive. investigators say one suspect held a woman resident at gunpoint while the other stole an iphone from another woman. and then escaped. no one was hurt. the only item taken appears to be that iphone. one suspect described as latino in his 30s, about 5'10" with a thin build. the other also skyed as latino in his late 20s about 5'5" and is said to be heavy-set. oakland police are searching for a bank robber who say they has hit the same bank

twice. take a look at this surveillance video. police say this robber is between 25 and 5 years old. about 5'9" and weighing about 180 pounds. investigators say he first struck the wells fargo branch on mountain boulevard in the montclair district back on june 29th. that's the same bank branch they say he robbed yesterday morning. there is a $5,000 reward for information leading to his -- for information leading to his arrest. police have release the information about a sketch of a man who is hispanic, in his wents, about -- wents, about 5'7", brown hair in a kids cut. ese --brown hair in a buzz cut. a woman reportedly punched him

and got way -- got away. prosecutors have dropped charges again a man on flight for -- for groping a chirp. the attorney said the girl gave different accounts of the incident and neither say they saw any groping. the shooter yesterday was omar thornton. he was a driver for a beer distribution company in manchester. police says he was going to a disciplinary meeting with management when he opened fire. the company says thornton was culled -- was called into work that day because he had been caught on video stealing beer. >> we believe he was being offered an opportunity to quit or be terminated. while being led from the

facility, that's when the shooting erupted. >> relatives of the gunman says he faced a lot of racial harassment on the job and he just snapped. but union leaders are denying those claims. well, coming together to fight against crime is the message of the national night out event. last night, residents in vallejo did just that. despite the city's recent cutbacks. citizens on a patrol was just one of the groups at yesterday's block party and say this has led to the training of more citizens to help patrol the streets and answer non- emergency calls. let's head to sal for a check on the traffic. how are things looking? >> things are looking pretty good. the fellows in the control room will tell me what we're looking at. i didn't put the -- there we go. bay bridge toll plaza. well, i don't know. i wouldn't call it nice. i would call it moderate here at the toll plaza.

we get used to good things fast. today we have a backup -- oh, my goodness there's a backup. this is the richmond bridge. if you are driving on 880 northbound, we're getting a little bit of crowding. one day in the fall we're gonna see just a bunch of slow traffic. so enjoy it while you can. we're not that bad right now. here's steve. >> thank you, sal. >> you are welcome. we do have what looks to be a decent cooling trend for those of you away from the coast. the coast is like what cooling trend? it's been cool for about eight weeks now. if it were november, december, january, february, we would have about 4 inches of rain. the fog burned off and we warmed up. santa rosa east-southeast at 3. any time this time of year you get a little south breeze up in

the bay. napa north west. did hear from a couple of heap saying even in areas that are sunny -- people saying even in areas that are sunny, it's being checked by the pressure and is packing its bags and moving out. 55, not much warmer. 5. 62 which is one degree cooler than yesterday. more fog, cooler today. in fact, temperatures below average. now, inland areas did get close to average yesterday but they will come right back town today. santa rosa was 81. we'll go 82. that's average. we'll go 77. they were 82. so close. mountain view 73. oakland, 67. 1998, all of the records exception san francisco which

was the record. snow may 5. crockett, 54. atherton and woodside at 58. 90 already in las vegas. it does look like there is a back edge to the monsoonal cover that's been down there. we had 30s in the mountains. now tahoe is almost 50. they warm up fast. you see there looks to be an end to some of that tropical moisture. a very small system is dropping down. as that set the down, that will cool the temperatures down over the inning father days. kind of foggy, misty, yuck. sunny, cooler inland. still 80s. 60s and 70s coming down about 3 to 5 degrees. cooler, looks league it's going to win out here and take us all -- looks like it's going to win out here and take us into the

weekend. into we're bet -- we are gating more information about the plane crash in phoenix. we'll tell you what happened just before the plane went down. and there is a call to boycott target users. we'll tell you why a group of facebookers are supporting that game.

let's bring you up to date on some of the top stories we're following right now. this afternoon a federal judge in san francisco will announce his ruling on proposition 8 which bans same-sex marriage here in california. whatever his decision, both sides have said they will appeal. phoenix police say the pilot of that single engine plane that crashed into a building just a short while ago has died. it is now believed the pilot was the only one on board the plane. we still don't know yet why the plane went down. witnesses say it had circled the airport after taking off when its engine sputtered. what you are lacking at now is this video given exclusively to ktvu. it seems to show what sparked a

bomb square. that video was shot by the same man who called police after noticing his neighbor building what looked like a bomb. 20 to 30 residents were evacuated. but in the end, they say to bomb was found. we have learned a the 11- year-old boy who died during football practice had a rare and undiagnosed heart condition. he was taking part in the first practice of the year for his pop warmer team. his family said he told his coach he wasn't feeling well. and a few seconds later, he passed out. his father was one of the coaches on the field. >> they lost his heartbeat and they brought it back. they lost it and brought it back about three different times. >> an autopsy revealed lamphere

had a heart condition that caused his heart muscle to thicken. it isn't a condition that would normally be discovered during a routine exam. today the public is invited to pay their final respects to jack tatum. he died last week from complications of diabetes at the age of 61. tatum was a defensive star for the raiders during the '70s. he played on the team that won the 1976 super bowl. now, a fewing for jack tatum will be held at -- beginning at 11:00 until 6:00 tonight. fans will be encouraged to talk publicly during a wake that runs from 6:00 to 10:00 p.m. all of these events will be at fushay's hudson funeral home on telegraph avenue in oakland. memorial services will be private. a movement to stage a boycott of target stores is

gaining momentum. target is under fire for contribute be $150,000 for a -- to a group that backs the conservative candidate. target issued a statement saying it supports the candidate's pro-business policies and not necessarily his stance on issues. last night, the council voted to put the proposed tax of growing marijuana on the ballot if voters approve the 10% tax. san jose would have the highest medical marijuana tax in the state. cannabis club owners call this rate excessive. voters in the foothill deanza college district will be asked to help out students by paying an additional $69 a year parcel tax. if the measure wins approval in november, the money will be used to keep libraries open,

provide support services as well as fund classrooms and labs. district officials say the ballot measure would generate $7 million a year and it would be money the state could not take away. the district has lost $20 million in the last two years. share-based intel is calling a truce in one of its last major anti-trust battles. it announced this morning the company has agreed to change some of its plaque tises to settle a federal anti-trust lawsuit which alleges a decade of abuse. the. electronic arts reported stronger-than-expected earnings. the redwood-based company says sales of gaming including the word cup south africa game and scrabble for the ipod helped boost sales. this is the second quarter in a row they've beat be the

analysts' revenue forecast. mexicana airlines has filed for bankruptcy. that's changing the schedules for several flights to and from the bay area. the airline has suspended its flight from guadalajara to oakland. flights from san jose, oakland and san francisco are also being routed through mexico city. instead of directly to other airports. mexicana said it was forced into bankruptcy after it couldn't reach ain' i -- reach an agreement with its payments and flight attendants. barnes & noble is putting itself up for sale. but there's no time tame yet -- timetable yet. the board believes their stock is significantly undervalued of the company's founder, who is the largest shareholder, said he might join an investor group so he can buy the company.

still ahead -- the u.s. senate just took a vote that could save the votes of -- just took a vote that could save jobs for teachers in the bay area.

this just in -- democrats in the u.s. senate just won a key vote to advance a $26 billion measure that would help states as well as local school boards with their budget problems. now, this bill would extend programs that were enacted in last year's stimulus law to preserve the jobs of tens of thousands of teachers and other

public employees. two moderate republicans cast the question votes to break a republican filibuster. that means the bill will now pass the senate shortly. then a final vote in the house will be needed to get it to the desk of president obama for his signature. also, we just spoke with ac transit and its spokesperson. he says so far this morning, 155 drivers called in sick today, making more delays today likely. according to the district, 150 drivers or 5% of its work force called in sick yesterday. the district says it's had that same problem every day for the past two weeks ever since the district imposed a new contract on its drivers. now, a judge threw out that contract on monday but both sides remain at odds with the contract as well as the sick calls. opening statements are now underway in the anna nicole smith drug conspiracy says -- conspiracy case. prosecutors are expected to accuse three people of

illegally giving her large amounts of opiates and sedatives in the years before she died at a preliminary hearing last year, the defendants pled not guilty. smith died in 2007. if convicted, the three could face five years in police and the doctors could lose their medical laurenss. sarah palin's daughter has called off her engagement to levi johnston again. johnson told her he may have fathered a baby with another woman. she said the last straw was when he said he was going to a hunting show but he was actually filming a music video that made fun of her story. as for sarah palin, she told the magazine, she hopes this experience will teach her daughter. she needs to learn to trust but verify. san jose's almaden lake will remain closed for swimmers

for at least another two weeks. the lake was closed last month after park workers discovered a potentially hazardous plume of blue/green algae. the algae can cause rashes if it touches your skin. if swallowed, it can cause a sore throat and be fatal. so far everything no one else has remained sick. the park remains open. the unseasonably temperatures have made this the coolest summer in the bay area for about 30 years. usually those fountains are filled with children playing in the water. but with temperatures 10 to 15 degrees cooler an than -- cooler than normal, not many people are out there trying to cool off. >> usually by now, i with -- i would be at the beach. but i haven't been because it's been foggy and cold. >> usually the sun doesn't come out until 11:00 and then you get cool at night.

>> vendors say in one way, the weather has been good for business. there's been an increase in sweatshirts and the heavier clothing costs a lot more than those flimsy t-shirts and visors. let's take a look at at the traffic one more time with sal. >> there is a backup at the toll plaza right now getting into the city and also some slow traffic on the bridge itself. also this morning's commute is a little bit slow on 880 northbound. if you are driving on interstate 80 west from richmond to el cerrito and berkeley, it's also clouded -- crowded but not stop and go. stooped go traffic on 237 heading west -- stooped go traffic on 237 heading west. for areas that have been hot and can't get any of that fog. it will cool down thursday and friday. it looks like we stay below average for a while. you just did the story on it.

there's no sign of anything -- no sign of anything. if anything, cooler. july carrying right into august. >> that's go that do it for us on "mornings on 2." a big news day. we'll continue to follow the prop 8 debate as we wait for the judge's ruling. have a great weapons, everyone. see you back here at noon. >> bye now.