>> i would not watch over myself, but i never do, i always have my bodyguard, my husband with me. >> reporter: the woman attacked was with her husband but had gone ahead to the car. the man confronted her, grabbed her by the shoulder and pushed her into an aquiduct. >> where he attempted to get on top of her. for several defense, she began kicking at the suspect. >> reporter: that caused the suspect to plea, he's described as latinos in his 20s.

50pounds with brown hair and brown eyes. he was wearing a grey hoodie, faded blue jeans and white sneakers. >> i don't i'd come up here alone as i have in the past. as long as i'm with him i'd feel safe. but i won't come along. we happened upon one walker who said this. >> if a man is attacking a woman it's because he's weak. you have to fight that. >> reporter: they told me the i.ds of the two suspects, pretty close. live in san jose, lloyd lacuesta. we have developing news tonight from american canyon. witnesses tell us a woman's body was found in a car in the

parking lot of the lodge at napa junction on eucalyptus tree. so far the napa county sheriff isn't commenting. they referred to vallejo police and so far police there aren't talking either. emotions ran high as students mourn the loss of a student. isaac broth was killed last friday on a crash on nevado boulevard. four other students were in the car. nevado high is an open campus and the teens had left during lunch. now in the wake of the tragedy, school officials are considering closing the campus during lunchtime. >> we are so concerned when the students leave campus, and where are they going. i think it's something that we

need to consider. >> two separate investigations have been launched to figure out that teenager had gotten alcohol and why adults did not notice he was intoxicated during class. jerry brown says he plans to review the salaries of all city officials in the state who are making $300,000 or more. ktvu's heather holmes is in san ramon now with the latest. >> reporter: this might just be jerry brown's next stop. this is the office of the highest paid city manager in the bay area. this newly released survey shows he made more than the city managers of the bigger cities. >> i understand getting compensated for a job well done but people who live here

probably have a reaction to that. he is getting overpaid. hermone has been city manager since 1994. but in this town of less than 65,000 people there is lots of criticism. >> i think there's an extremely large amount given the size of san ramon. the compensation survey shows a near by and larger pleasantton, the city manager makes $150,000 less last year. >> the real question here is what's the work, what's the duty. attorney general and gubernatorial candidate jerry brown is reviewing the salary of those serving city government. and he's pushing a constitutional amendment. >> all i'm calling for is the

creation of a salary commission. they've had the constitutional power to set some standards and adjust a salaries that they think are excessive. just as that commission does for state lawmakers. now, monez isn't the only city manager with a pretty significant paycheck according to this survey, city managers in danville, livermore, santa clara, livermore and millvalely they all brought home more than $300,000 last year. reporting live tonight in san ramon, i'm heather holmes, ktvu channel 2 news. it's official tonight a group of economists have announced the recession is over. in fact, it ended more than a year ago. the economic bureau said the recession started in december 2007 and ended in june 2009. the 18 month downturn is the longest since the end of the world war ii. you may not have noticed it but

the economy has actually been growing. there's an estimated 152 million americans out of work. unemployment generally keeps rising even after a recession end and doesn't pick up until the recovery is well under way. the dow jones industrial gained 146 points and is at a month high. the federal reserve is scheduled to meet tomorrow to describe the pace of economic growth. most analysts don't expect any drastic moves though given the mostly positive economic news in recent days. the clean up of the san

bruno fire is on its way. amber lee got a first look at this evening and is live in san bruno with the latest. >> reporter: three homes here on concord way were destroyed by explosion. they are fenced in waiting for crews to come in and remove debris. a street one block over remains off limits. a police officer escorted us on to clairmont drive where piles of rubble and a loan chimney here and there now stand in place of homes. we were allowed ten minutes at the sight to bring you this footage. burned out shells of cars. there is an eerie feel. we learned that san mateo county will bring in crews wednesday. some homeowners say the sooner the better. >> get rid of it. get it out of the way so that

it's not seen anymore and let rebuilding begin. >> reporter: on tuesday, crews will start removing what's left of homes. >> we'll put on water on to the site to basically soak it to not allow run off to occur. then there'll be some heavy equipment to remove the debris. >> reporter: the top two to three inches of the oil will be hauled off to a landfill. the concerns are the season's first rain can stir up toxics in the debris and that run off could run into the san francisco bay. homeowner shahidi showed us. >> at the same time how else

can they do it. >> reporter: many homeowners who lost their homes plan to rebuild their lives lives some where else. coming up in our 10:30 segment, pg & e releases the pipelines they considered the most safe. governor arnold schwarzenegger cancelled budget talks today because he wasn't feeling well. the governor remained in los angeles. and lawmakers didn't meet today in the governor's absence. budget talks ended last friday with no resolution. >> we hope the budget is finished by october 1. that's what everybody hopes. because after october 1 the state starts having cash flow problems. the state budget is now 82 days late, the longest impasse on record.

carley fiorina and former secretary of state condoleezza rice has a noisy reception in the east bay. >> protesters gathered outside a home in piedmont where a fundraiser was held for fiorina. warm weather today but summer is coming to an end. bill martin has tomorrow's forecast in just about 10 minutes. and the first ever tollway is displayed. see how it worked on day one. mayor gavin newsom is getting ready to take a vote on an alcohol tax. why some people say he should recuse himself.

we certainly hope you weren't caught in it. toll plaza looked like parking lots. we're told the metering lights were opened at 3:00 this afternoon. these pictures of the rush hour back up were taken about 6:30

tonight. the metropolitan commission says that more than 50% of mornings drivers used fast track. now more than 75% of morning drivers use fast track. and solo drivers can now use a toll to use that car pool lane from highway 84 to rule 27. christien kafton reports. >> reporter: commuters got their first chance to try out the new 680 express lane today paying for the privilege of using it. some drivers soon complained that was supposed to be a convenience actually slowed them down. >> i left home at 7:30 this morning. i didn't get to where i needed to go until 9:15. the express toll lane is

supposed to reduce congestion between highway 84 from 5:00 in the morning to 8:00 at night solo drivers can now use the toll plaza for a price. caltrans says road work, new signs and the new lane configuration all work to slow traffic. >> there was about five minutes of delay. it was bad because of that merge but the traffic was moving normally. >> reporter: drivers have to have the fast track in position if they're going solo.

car poolers need to use a specific mylar bag to shield their transponders. >> take your bag out, pop it in the bag and that will prevent your tag from being read. >> reporter: up next, is an eastbound traffic through the tri valley area. christien kafton, ktvu news. a third suspect was charged today. francisco sierra a known gang member is charged as being an accessory to a shooting of a police officer. sierra is scheduled to be arranged on wednesday. officer todd young remains

in highland hospital tonight after suffering very serious injuried in that shooting. freemont police say she is now alert and able to talk with his wife and two children. doctors say why he has improved his recovery will take time. an unusual protest tonight outside a wine store in san francisco picked for who's name is tied to it. ktvu's ken wayne live in san francisco tonight with our report, ken. >> reporter: we're at urban sellers in noe valley. a protest was held on the street. usually protesters want somebody to do something. in in case. the protesters wanted exactly the opposite. >> about a dozen protesters gathered in noe valley urging gavin newsom to stay out of the

political valley over alcohol taxes. the mayor says he will veto the alcohol tax when it reaches his desk. critics point out newsom was a co-owner of several properties in the city and some say that's reason enough for him to stay out of the alcohol tax debate. >> he should just recuse himself and allow the 7-3 vote to stand. >> reporter: major newsom says there's no conflict of interest. it could raise millions of the dollars to mitigate the social cost of alcohol. >> whether it's an ambulance or youth counseling, or again domestic violence, police report all that adds to quite a bit of money. 16, 17 million. this is a way to recoop that. the bar and restaurant

owners say not only is the tax a bad idea, it will come at a time when people are trying to survive. >> if i get a tax, i'm going to have to raise the price on drinks and i'm already down 20, 30%. >> if you were talking about neighborhood bars, they ought to be removed. >> reporter: tax proponents had seven votes at last count. ken wayne, ktvu channel 2 news. welcome back, we did have a little bit of fog at the coast. temperatures are going to be cooler tomorrow by a few degrees. the extended forecast does call

for a warm up as we go through time. fog at the coast most of the day. tomorrow temperatures drop off a few degrees. still a nice day but not as warm. it's going to be a little cooler still as we go into the next 48 hours but then we will see some changes. tonight when that fog pushes in, it's going to make san jose. by the afternoon it burns back. when i come back we'll look at the five day forecast. i'll let you know when will be the hottest day of the week. a large concentration of algae is causing it.

when nutrients rise, it makes perfect growing for algae. critics call it frankenfish. why people don't want the first of its kind salmon to end up on your dinner table.

>> the public feud between oracle and hp has sparked. no details of their settlement were revealed but hurd is giving away half of the compensation he would be given by hp. the teachers union says with san francisco's high cost

of living about 1/ 1/3 of its teachers live outside the city. and many end up leaving the school district. the board of education is expected to debate and vote on the proposal tomorrow. the traffic administration says at least one of every six fatal crashes last year was caused by a distracted driver. the federal agency says more than 5,400 people were killed and 480,000 were hurt. the highest number of cell phone related accidents involve people between 30 and 39 years old. the numbers may not tell the whole story as many police

officers do not document distracted driving. a car struck a 5-year-old girl riding her bike to school in petaluma today. it happened on a crosswalk on north mcdowell boulevard. the girl was with her older brother and father. the child sustained minor injuries. this is the second bicycle accident in that area this week. bicyclists should always walk their bikes when they're on crosswalks. adult riders will no longer be able to use cards. any unused tickets can be exchanged for a clipper card.

a 50-foot whale washes on shore and now scientists are trying to determine what killed it and how it ended up here. and the pg & e's most dangerous pipeline, they are located all over the area. that she would take care of her children. but she needed help. i used my american express open card to get half a million points to buy building materials to help build the jackson family a new home. well, i know if my dad was still around, he would have told me, with no doubt... he would have told me it's a no brainer and i knew that from the start. it was an honor. booming is moving forward by giving back.

the food and drug administration began a two day hearing today on whether to approve genetically engineered salmon for human consumption. a massachusetts company that wants to market it says it is safe and environmentally sustainable. the genetically engineered salmon grow twice as fast as normal salmon. critics worry that the fish may

contain dangers. >> it's completely new. there's been very little environmental testing, hardly any testing on human health. so we have no idea what the impact of these new genetically the engineered fast growing fish would be for humans. >> that fish would be in stores perhaps within two years. for the second time in four days, a dead whale has turned up in bay area waters. as david stevenson reports, how and why the whale died is still a mystery. >> reporter: national park service officials say the calls came in at 7:00 a.m. with reports that a dead whale had washed on shore. >> let the whale rest in peace until they can properly bury

it. >> reporter: a mammal was later towed out to sea for disposal. officials believe this whale was the same creature washed on shore in san francisco. but the signs and composition level didn't match. >> it's strange to see a creature of that size to die like that. >> marine biologists from salsolito looked for tracking tags. for now it's unclear what species it is, what age and size. officials say they can't bury the caucus until late tomorrow. they are likely to disturb a bird habitat. and when the paper work is done, freeing up funds for a bury corral. pg & e today released the

locations of its 100th highest risk pipelines in california all of which are in need of repair. the list comes less than two weeks after that deadly pipeline explosion that killed seven people. pg & e posted a list on their website. pg & e says any sights that are concerned an immediate danger will be taken care of right away. >> whenever we identify any potential threat to public safety, we immediately go and address the situation. we don't put it on some list, it's not on some list of 100. >> officials say the section of pipeline that exploded in san bruno is not on the list. the cause of that explosion is still under way. here's a hot line set up by pg & e. customers can call it

to find out if their home is within 100 feet of a dangous pipeline. they can also find out if they're close to one of those top 100 locations at risks. information that some south bay officials and residents are glad to have. but they want more from pg & e. robert handa has our report. >> reporter: the light rail line runs along first street here in the north san jose neighborhood that's home to high tech business. it's also home to an underground pipeline that's on the list of pg & e's highest risk pipeline all of them in need of maintenance and repair and another pipeline on the list is near by plus two more just over the city line in milpedas. >> it's kind of scary of course, and you want to make sure that they're taking care of it. we don't want to see any more

accidents happen that's for sure. >> reporter: the transportation agency that operating the south rail light system wants more information about repairs. >> pg & e were aware of the facilities, but it was not on our radar. >> reporter: major chuck reed has an idea of what he would like pg & e to do to make people feel safer. >> if you say what pg & e does to shut down pipelines with problems, they have the ability to be able to take action before we have an explosion. >> reporter: some people say they feel better of what's beneath them. >> we are aware of it now, as long as they take care of it we're good. >> reporter: repairs here in

north san jose will begin in 2012. they plan to be more aware and involved in those projects. in san jose, robert handa, ktvu channel 2 news. six burn victims from the san bruno explosion and fire remain hospitalized tonight. four of them are at st. francis hospital in san francisco. two other patients are being treated at san francisco general hospital. one is listed in critical condition the other in fair condition. you can always find more information on our website, we posted the pg & e pipeline list and all the other information at ktvu.com. and the book called known

and unknown will chronicle rumsfeld's tenure during the bush administration. the two step log in means it'll take more than a password to get into an account. g mail users will be able to make the security codes part of their log in process. lady gaga stands up for don't ask don't tell. i'm tracking clouds moving into the bay area, i'll tell you how those will impact your temperatures for tuesday. what two oakland

candidates have in mind when it comes to crime.

the space shuttle discovery made what is scheduled to be it's last trip to the launch pad tonight. discovery is set to lift off on november 1st on a mission to the international space station. the shuttle endeavor is slated for a trip in february. but there is a chance that president obama could give the okay for one more shuttle mission. in news of the world tonight in afghanistan, election observers are reporting statewide fraud and intimidation. in greece, truck drivers parked their riggs on the main

highways leading into the capital of athens to protest trucking business. truckers do not like that law. and in north korea there are indications that kim hil is sitting in motion a plan for his new motion. yang is believed to be in poor health and leaders believe he will probably pick his youngest son to succeed him. and lady gaga said the don't ask don't tell policy is back ward. >> doesn't it seem to you that we should send home the

prejudice. >> in the crowd were members of the military that had been kicked out. some world leaders called for a new pledge today to help alleviate poverty. the united nations meant to take in accounting the goal to help the world's poor. member states resolved to make sure every child goes through elementary school. president obama issued a challenge to the tea party today. the president said it's not enough to just say cut spending. >> i think it's important for you to say, i'm willing to cut veterans benefit. or i'm willing to cut medicare or social security benefits. or i'm willing to see these taxes go up. >> the president also noted it

was republicans who initiated two unfunded tax cuts and two unfunded wars. the uc berkeley graduates recently freed from an iranian prison is back in the united states and calling for the return of her two companions. one of whom is her fiancee. sarah shourd returned to the unite over the weekend. she spoke to reporters saying the entire episode was a mistake and they did not know they were around the iranian border when they were captured 13 months ago. >> sean and josh don't deserve to be in prison one day longer than i have. >> after undergoing tests, her doctors now tell her she is fine. nasa aims research center are recognized for using out of

this world. the 5,000 square foot 2,000 building is now under construction. the award was for invasion, design and energy performance. the building will include solar panel and a water filtration system like the one used at the international space station. house hunters may now have a chance to own a piece of rock & roll history. the home of jerry garcia is now for sale. the home is on the market for almost $4 million. the # thousand square foot house was the band leaders's last home before he died in 1995. in recent years, the current owner renovated the home and sold fixtures to raise money for charity.

and is current mayoral candidate face off to criminals? and our own chief meteorologist bill martin will be right back with the seven day forecast.

oakland police are alerting people around lake merit to be extra vigil because of two attacks last night. the same man may be responsible for both attacks. women and men should be aware of their surroundings and call police if they see anything suspicious. >> what we're seeing is people are more distracted with electronic devices. so be extra vigilant as you are entering and leaving your cars. there is a new twist of crime to oakland. the mayoral candidates may now

say that they've been victimized. john sasaki has our report. >> reporter: a sunny day at safeway at a neighborhood had plenty of shoppers out. but one -p shopper got more than she bargained for. >> i did what i tell people never to do. i wanted my car keys and i gave chase. he fell down, luckily he dropped my car keys. >> reporter: quan lost about $50 in cash and some credit card. the experience makes her the second mayoral candidate who's also a crime victim. >> i was carjacked at gunpoint. a guy stuck a 9 millimeters in the car and told me to get out of the car.

>> reporter: don p era ta was carjacked in 2007. >> i have a very clear idea of the things in oakland that you want to do and you don't want to do. you don't want to lay off police officers. >> reporter: oakland layed off 80 officers this summer. >> every time you have more officers being a deterrent, that's going to help. >> i voted to balance the budget. >> reporter: there are some measures on the november ballot to help keep officers on the street. both candidates who have fallen victim to crime say that's not going to happen. >> i'm hoping that people will vote for bb because bb brings back the officers who were assigned the beat, who work with the residents. >> if i can't find the funds to

keep the officers, fire me. >> reporter: in oakland, i'm john sasaki, channel 2 news. and it was warmer today in many locations. it felt warmer because of the humidity out there. less humidity, wind coming off the water. we have temperatures outside that are on the mild side that has to do with air that's lingering. clouds that are on the coast all day. mild 64 in oakland. here's how the forecast breakings down. we're going to bring the fog back to the beaches. it's not there yet, it's clear in half-moon bay, clear in pacifica. whatever fog gets there will burn off rapidly tomorrow despite the early burn off. temperatures are going to be cooler. because we have a bit of an on shore flow. that on shore flow will set up up for a cool day tomorrow. those greens and throughs, that's the forecast highs tomorrow. lots of 60s and 70s.

49 in napa, 54 in fairfield. cloud cover around the coast. san jose you might have a few -r more clouds in the morning hours. tuesday through wednesday, this low pressure stays put. that low pressure is what's brought us the cooler summer. as we head through friday and saturday, high pressure comes back. the winds go offshore. this is a classic fall weather pattern. this sometimes gets us in trouble with high fire danger and poor air quality. so we'll watch that for you. right now the high pressure is lucky to have that strong. strong enough to bring us a high wind warning. tomorrow we continue with a slight cooling trend. temperatures closely enough, 60s and 70s. those are the 80s. look at these temperatures along the coast and inland. it's going to be a little bit of an on shore flow. fog and low clouds. tomorrow afternoon, this is the computer model that shows the

fog burn back by 3:00. i think we'll see plenty of sunshine coast side tomorrow. as you get ready for your tuesday. you get ready for a cooldown tomorrow of a good five to 8 degrees. 69 in san jose, 79 in los cados. as we move to the end of the week that will be good. this is the last few days that we have before the tunnel of equinox. the days are getting shorter rapidly. >> this wednesday. turn the clock back. >> second later. >> starting to get shotter. oracle open world 2010 kicked off today. 41,000 software and hardware developers are expected to attend a convention. it includes a large tent that is locking howard street from thirdrd to fourth street. part of it will be a musical

performance on treasure island featuring the black eyed peas and steve miller. well, major league football came to oakland today. what did coach singletary had to say about it. we'll have the wrap up in sports, next.

a critical section of the bay trail opened today linking parts of the south bay for walkers, runners and bike riders. the new section crosses a gap between sunny vale and the rest of the peninsula. it took more than 10 years to get permission to use the land. they plan to build a trail around san francisco and san pablo bay. what game today, if only it had ended after 59 minutes. >> that place was rocking tonight. no one really figured the 49ers would win and they didn't. but it sure didn't happen the way fans feared it might. taking the super bowl champs right down to the final play. alex smith maybe his best game ever as a giant. jerry rice had his number officially retired during halftime. four turn overs tonight. david boss over smith's head out of the shotgun. and that leads to an immediate

safety for the same 2-0 they get the ball right back of course. and score on the field, drew breas slipping to reggie bush touchdown. later he would have to leave the the game with a knee injury. smith leads an 82-yard drive thanks to part for a nice pass by gore. 9-7 saints leading at halftime. the go ahead touchdown by anthony dixon. the saints answer back with a touchdown own two field goals. the 22-14 niners great final drive, 84 yards and frank gore scoring at the eighth play drive. 22-20 then the two point extra

conversion. we have 22-22. deep to marcus colston from breas to the 18 and then hartlett has time expires. 25-22 in the end, the four turnovers the team committed did them in. >> when we stop doing on ourselves we're going to have a good fastball team. that remains to be seen. it was a good drive in the end by alex smith. if you're going to be an after thought at least be a pleasant one and that the a's were tonight. tonight solid pitching and just

enough hitting to get it done. susuzki-- gio gonzalez at six. wrigley field is the place in chicago. matt cane armed and ready against carlos zambrano. they currently have five game lead in the ninth. you know the phone lines will be heated today and tomorrow over this game. >> that's a nail biter. >> you just can't leave smith with 1.59. >> might have been his best game as a 49er so far. he's been taking a lot of heat. he shouldn't tonight. that is our report for tonight, i'm julie haener.

>> and i'm frank somerville. our coverage continues on ktvu.com. have a good evening everyone. >> good night.