capital avenue. this happened between montegue expressway and tremble road right on the san jose milpitas border. we've learned contractors working on the b.a.r.t. extension found water seeping from the ground. they said it wasn't a water main break but it was some sort of ground water crews are now trying to find the source. there's about a dozen road workers trying to fill that large hole right now. they hope to have it opened by about 9:00 tonight. advice from police in the area be patient. the other big story that is making news tonight, a judge has found that california's teacher tenure program is fundamentally flawed and knew the fight over how teachers are hired and fired is really heating up. good evening everyone i'm frank somerville. >> and i'm julie haener. teachers unions are denouncing the judge's ruling today as a threat to their profession. but others say it's about time to end the tenure's program. ken wayne is live with the flaws the judge found unconstitutional. ken.

>> reporter: there's a saying as california goes, so goes the nation. and there's no doubt the rest of the country is keeping a close eye on this ruling. the judge's ruling is a stunning set back for california's teacher unions. los angeles superior judge drew wrote, substantial evidence presented makes it clear to this court that the challenged statutes disproportionally affect poor and or minority students. you can find some of those students at dr. martin luther king jr. school in richmond. the principal here says the judge made the right call. >> i would go with the judge, yes. it is a good thing. you know. the goal is to find the most competent people for our students. >> they don't two to piedmont, they don't go to palo alto, they come here because of the fact that the tenure laws in other systems in place handicap school districts. >> reporter: the california's teachers association said it was disappointed in the judge's

decision saying quote this lawsuit has nothing to do with what's best for kids but was manufactured by a silican valley millionaire and corporate pr firm to undermine the teaching agenda and under mind our schools. >> the teachers concerns is always what comes first whether it hurts the teacher. >> reporter: this case was designed to bring forth the facts and to ask the question do these laws, are these laws meant to support the education of our children. and today we have those answers -- the answer to that and it's clear they do not. >> reporter: three states and the district of columbia have

eliminated tenure. but those efforts have failed elsewhere including california until now. ken wayne, ktvu channel 2 news. and more details now. there's some 285,000 teachers in california. the nonprofit education advocacy student matters looked at the past 10 years. it found only 95 teachers have been fired for inappropriate conduct. of those only 19 were fired for poor performance. there are new developments tonight in the case of a mother who's facing murder charges for the shooting of her ex-husband. oscar anguino was found dead monday morning in the yard of his home in san pablo. the killing sparked an amber alert for the couples three young children. tonight police say those kids are safe in protective custody. noelle walker is outside police headquarters, noelle do

investigators know what the motive was. >> reporter: if they are, he didn't leave a trail of what they were and if was trouble, he didn't show it at work. >> he would take his cup of coffee every morning and fill it up. >> reporter: everything is as anguiano left it on friday night. work undone a life unfinished. and a distraught boss who heard the news this morning. >> this is what he was doing. >> reporter: and the boss heard the news this morning. >> the discovery spurred an amber alert. police found the kids safe on eighth street in richmond and placed their mother alicia cortez and a male companion under arrest on suspicion of homicide. >> this point we're mainly focusing on the homicide itself

and obviously they're bringing the children to a safe place. >> reporter: police say ortez and anguino divorced a few months ago. we searched court records and found ortez took out a restraining order claiming there was domestic abuse. a judge lifted the order in may. court records also show a custody battle. police say at the time of the shooting the children were in the physical custody of their father with separatic visits with their mother. anguiano's boss says it wasn't always so bitter. >> actually his wife used to come and bring him some lunch and they used to sit in the car with his kids eating lunch with his kids. >> reporter: now there is regret. >> you cannot -- if you want to say something say it because you may not have another chance. >> reporter: for all the things left unsaid. >> i wish i could help him. >> reporter: the police demander told me today that san pablo has no history of

responding to domestic disputes with this couple. tonight both suspects are in the contra costa county jail. noelle walker, ktvu news. police are investigating the killing of a man found in a motel room this morning. the man was found at the budget inn on foothill boulevard. he appears to have died from a gunshot wound to the head. the coroner has not yet released his name. new video out of el cerrito where an 89-year-old woman was brutally attacked over the weekend. this surveillance video shows the suspect driving away in the victim's car. investigators are searching for this man 28-year-old terrance james hardy. they say he beat and carjacked an elderly woman. he has a distinctive skin tag on the left side of his head. hardy approached the victim. punched her in the head several

times and pulled her out of her car and drove away in her 1992 toyota camera. san jose firefighters were busy this afternoon battling a grass fire. it started around 3:00 in the meadow fair park. this isn't far from capital expressway. it took firefighters about an hour to put out the flames. no structures were damaged. the cause of the fire is still not known. b.a.r.t. told congress today investments in early warning systems could save lives in the event of a disaster. they're looking into warning systems across the country. b.a.r.t.'s system which we first showed you in 2012 is the first of it kind for a u.s. transit agency. it's designed to automatically slow trains if ground shaking reaches a certain level. the oakland police chief is addressing a recent up tick in violence that includes two separate shootings which injured two toddlers.

one happened about 5:30 last night near international boulevard. and 67th avenue. the other happened a few hours later at 83rd avenue and e street. police say a 3-year-old boy was injured at a bus stop in the first shooting by a near by shoot out. then a 2-year-old boy was injured by a man who entered a home and also shot a woman. now this afternoon, police chief sean went talked about the spike in violence and the police department response. >> we have diverted resources so they're available 24 hours seven days a week. so we were able to use them to act upon it to make arrests. >> officers arrested four people in connection with the two shootings but are still looking for other suspects. the toddlers are reportedly in stable condition tonight. in san jose, a 10-year-old boy's hand was virtually blown out from exploding fireworks and his father is now facing criminal charges. the boy apparently lit the fireworks in a bedroom.

and according to a neighbor who rushed over to help him, his hand was gone. it happened around 7:00 last friday night. officers found more than 14 pounds of illegal fireworks in the family's home on lewis road near monterey road. police have arrested the boy's father. he is now facing charges of felony child endangerment and possessing illegal fireworks. new at 6:00, one of the nation's biggest water agencies is raising rates this after they have asked customers to cut back. today the move was made. tom vacar is live now in orinda. one neighborhood where people will feel the pinch, tom. >> reporter: keeping the gorgeous lawn served by east bay m.u.d. this green will soon cost a lot more. currently the average household uses 16,000-gallons of water in a two month billing cycle period. that uses up all the water

allowed in the lowest price tag tiered and lowest price second tier. average price, $95.80.  just over $4 for each additional unit. >> the motion carries. >> reporter: as of july 1 the average bill will increase to $104.40 with the overused bill at $4.42 per unit. >> this is about maintaining a strong credit rating and ensuring that our system is in a state of good repair. >> reporter: a critical part of the system's $14 billion infrastructure is the so called free port project. finished many years ago but still being paid for today. it allows east bay m.u.d. to draw water from a reliable source in which the utility has

provided their customers. >> rate payer investment is the reason we're here today in a severe drought and we're not asking our customers to do severe cut backs. >> reporter: and maintaining infrastructure minimizing waste. >> it ensure that is we'll be repairing water mains to keep them from breaking. >> reporter: california allows bill payers and stop the increase but only in this case if they have -- this is amazing but only if half the customers that's 650,000 customers in this case would actually mail in or e-mail in an objection. not likely to happen. reporting live, tom vacar, ktvu channel 2 news. cheers and jeers for a new plan to raise this city's minimum wage to $15 an hour. when you could get paid more and who need to back the plan to make it happen. a student deliberately

altered a classmate's last name in the yearbook to jew. and some are calling it an anti- semitic prank. what the school is offering to do about it. a significant cool down today. all that fog moving inland now temperatures are going to continue to cool. how much cooler can they get? i'll have that coming up after the break. ♪

♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing really good around ♪ ♪ turn around ♪ every now and then i get a little bit tired ♪ ♪ of living off the taste of the air ♪ ♪ turn around, barry ♪ finally, i have a manly chocolatey snack ♪ ♪ and fiber so my wife won't give me any more flack ♪ ♪ i finally found the right snack ♪ ♪ heat shields are compromised. weare those thrusters burning? that's a negative. what's that alarm? fuel cell two is down. i'm going to have to guide her in manually. this is very exciting. but i'm at my stop. come again? i'm watching this on the train. it's so hard to leave. good luck with everything.

with the u-verse tv app, the u-verse revolves around you the u-verse revolves around you a pay -- bay area city is looking to raise its minimum wage to an all time high. but it needs more than just the minimum wage workers to benefit. the minimum wage is so low that it has to be hiked up to $15. and some businesses say if that happens they will suffer. >> reporter: backers say it will help 100,000 workers but

busies some s -- but businesses some of them say that could mean higher prices and lay offs. san francisco already boasts the nation's highest minimum wage and it could soon jump even higher. >> someone who puts in a day of respectable work deserves to be make a living. today the current minimum wage at $10.74 there's been a across the board agreement that just doesn't cut it. >> reporter: not cutting it because the city's booming economy has brought increased rents and evictions. >> when the average one bedroom apartment rents for $2,000 a month working families cannot afford to survive here.

>> reporter: businesses say they're struggling with higher rents too and that $15 an hour could mean higher prices, lay offs or higher lay offs across the board. >> a line cook is going to say i'm not going to work for what is now dishwasher wages. >> reporter: and under the november ballot measure, the minimum wage would rise to $12.25 an hour. $14 an hour in 2017, and $18 an hour in 2018. reporting live in san francisco, david stevenson, ktvu news. a livermore youth golf coach accused of molesting then plotting to kill some of its students appeared before a judge today. cameras were not allowed in the courtroom. andrew nesbit is said to have tried to hire a hitman.

nesbit is facing 17 counts of child molestation. he is being held without bail and is said to return to court on july 9th. a high school yearbook was altered and some are calling it anti-semitic. now the school is apologizing. a student at mono mono -- monte vista high school. a student changed the name under a student to spell jew. >> we were outraged of this incident of the young man altering the last name of a fellow student. >> reporter: the fremont union high school district sent an apology to parents and students asking them to bring in their yearbook to the district office so replacement labels could be put over the caption. the school district says it is still deciding what disciplinary action to take against the student who changed his classmate's name. environmentalists say the bay area is wasting millions of

the gallons of water every year that could be save. the natural resources defense council and pacific institute says capturing run off could significantly boost our water supplies. they say water that goes down storm drains could be captured in rain barrels and cisterns. they say capturing water in just in the bay area and southern california could boost supplies to 17-acre feet a year. that's the annual water use of the city of los angeles. the big cool down today was noticeable out there. 105degrees in livermore, temperatures really dropped off. take a look down here we have temperature down to 87 degrees. 20degrees, 10 to 20 degrees not uncommon today as temperatures really fell off with that strong sea breeze. temperatures throughout the bay area especially along the coast in the low 60s, 72 in hayward. 74 in mountain view. as we look at the satellite

loop you see plenty of fog along the coast. it's just going to get thicker if it gets a little cooler around here each day moving in toward the bay area weekend. or actually toward the bay middle of the bay area week. moving across the city now. it's working its way up over twin picks and the twin valleys. it's going to book its way across the bay bridge on its way into oakland and alameda and into san pablo. fog in the forecast. temperatures really cooled off. temperatures really -- 65 in california currently. eastern side of town. in san francisco tomorrow your daytime high 61 degrees. a lot of fog and low clouds. a little breezier tomorrow on the bay. so breezy, more fog, pushing well inland because of this low

pressure center. so more fog further in and we saw this morning starts off cooler, ends up cooler. temperatures will drop down a couple more degrees. if you're in the avenues in san francisco along the coast any where around stinson beach. jackets will be in order. when you move inland in fairfield that's not bad. that's not that hot. 80, 73 in sonoma. and up in clear lake you're going to be close to 90 degrees. 83 in antioch. santa clara valley with good air quality. we had good spare the air days. in this pattern with these nice strong winds have really cleaned up the atmosphere. cooler around here. your bay area weekend always in view. temperatures are going to bottom out here and they're going to work their way back up to friday. thursday is your coolest day. and warmer but not, 76 today.

it was hot for me. >> would you say it was 106 or 107 in livermore. that was way too hot. >> that's why i live in oakland. it doesn't get so hot there. >> thank you bill. >> thanks bill. a summer internship program kicks in today that pairs high school students with high tech companies that are based in san francisco. the program is a partnership between san francisco police foundation. san francisco citizens initiative for technology and invasion and future high school graduates. the summer tech internships program encourages kids to stay in school and out of trouble by giving them access to real world job training. >> african american man, 17 years old, where i'm from a lot of people don't make it. >> reporter: more than 30 san francisco unified school districts high school students ages 14 to 18 will participate in paid summer internships at

17 tech companies based in san francisco. coming up in sports shock and sadness tonight after a former oakland a's star passes away. >> we're going to take a look back at the life of cy young award winner bob welsh and what may have led to his death. good morning nelly! woah.

hey! have you ever tried honey nut cheerios? love 'em. neat! now you on the other hand... you need some help. why? look atchya. what is that? you mean my honey wand? [ shouting ] [ splat ] come on. matter of fact. [ rustling ] shirt. shoes. shades. ah! wow! now that voice... my voice? [ auto-tuned ] what's wrong with my voice? yeah man, bee got swag! be happy! be healthy! that's gotta go too. ♪ hey! must be the honey! [ sparkle ] sweet. ♪ hey! must be the honey! thank you! thank you! dedicated bankers born to go the extra mile. you've been such a big help.

it's what i like to do. so you can choose a bank where helping people comes first. chase. so you can.

mark is off tonight. joe is here and some real sad news concerning the oakland a's. >> this one really makes you sit up and take stock. truly sad news concerning one of the key members of 1989. pitcher josh welch died last night. police officers responded to the call for medical aid when they arrived they found welch dead in the bathroom area. the official cause of death is pending the results of an autopsy. but the dodger report contributed his death to a heart attack. in addition to being part of the a's world championship team in 89 he won 27 games in 1990 and was the american league cy young winner. welch was just 57 year old. manny machado has been suspended. machado will sit out five games as a result of this. a bat swing in the direction of

a's third baseman josh donaldson on sunday. the incident led to a bench clearing confrontation. and the ejection of both machado and a's pitcher fernando abad. machado will begin serving his suspension tonight. and san francisco's secondary will look considerably different in 2014 with veterans carlos rogers, terrell brown and dante witner all gone. cox was asked if the offense is coming up short. >> no it's not the passing game. it's us. no i'm just joking. even though not everyone is here right now, the young guys are stepping in. our job is to be here to stop them from doing it. so hopefully we can make it happen. giants at home again tonight against washington.

a's and anaheim have off tonight. >> only 57. >> no kidding. >> thank you, joe. paying more at the pump. the pay off that has drivers saying they would actually be willing to do that. that's coming up tonight at 10:00. >> and thank you for joining us tonight. we'll be back tonight at 10:00 with much more you can always join us at ktvu.com, facebook and twitter. have a good night. >> good night.

claire: kids! breakfast! kids? oh. phil, would you get them? yeah. just a sec. kids! that is so -- okay. kids?! get down here! why are you guys yelling at us when we're way upstairs? just text me. all right, that's not gonna happen. and, wow, you're not wearing that outfit. what's wrong with it? honey, do you have anything to say to your daughter about her skirt? sorry. oh, yeah, that looks really cute, sweetheart. thanks. no, it's way too short. people know you're a girl. you don't need to prove it to them. luke got his head stuck in the banister again. i got it. where's the baby oil? it's in our bedside tab-- i don't know. find it.