in berkeley. now the city is take action to improve safety. rattlesnake bites in northern california. what you need to know about the risk and can how to get help. tom brady versus is nfl. his appeal today. welcome to the four. >> one week after deadly balcony collapse in berkeley investigators with the city confirmed what many suspected. wooden beams that supported the balcony had been badly rotted by water damage. 13 people fell from the balcony. six people died including five students from ireland. in the last two hours berkeley's planning director stopped short of declaring a cause of the collapse. he was clear about what his inspeck tors found.

>> what our -- inspectors found. >> the what caused that was dry rod. most likely contributor to dry rot is moisture. we don't know and we are not going to know or determine how the moisture got into there. >> now we were the first to report about previous lawsuits filed against builder of the complex. there was at least one complain about the construction of their balconies. >> we have continued looking for answers. >> right. a few other important take aways from that news conference the city of berkeley's planning director said that balcony was up to code at the time the apartment complex was finished back in 2007. that means something caused that balcony to deter your rate over the last years. he said water could have been a

factor. he said that eight years might have been long enough for moisture to weaken the wood support. they also confirmed they found dry rot damage to the third floor balcony. that is the one immediately below the balcony that collapsed. that's a far way down. there's a long drop. that was a five-story fall that those fogings endured. we spoke -- folks endured. he questioned why the balconies did not have something he called a strip vent. that allows moisture to escape after it gets in. they told us it's a a feature that is often neglected. that is now one of the things the city of berkeley is calling for the housing code to include. it's going to the city council. this he have a chance to require better ventilation of things like landings, decks and stair

ways. >> let's go back to the possible cause. in the beginning many people were speculating too many people. too many people the weight made the balcony give way. not necessarily the case. >> maybe not. you heard the city very careful not to declare a cause. we know now that water damage, dry rot was at least a contributing factor here. multiple folks who know this business say be careful declaring one cause of a disaster like this. in fact an engineer we heard from last week said you have a little bit and you add a lot of people then maybe you have a collapse. in looking at the blueprints and some of the specks and talking to an engineer that looked at numbers here, we looked all over the weight and the way the balcony was designed. he told me in his words it should have held all day long. >> it seems the design was okay.

it is execution of getting that design up and running right there. you talk about the blueprints. what else did you dig up? >> that's something we are going to have to find out. not everything is available to us. there are going to be asks and asked of the builders -- questions asked of the builders. we have a packet hear that is just a small portion of the documents we went through. this is the inspection history report. it focuses on what was looked at during the construction of this complex. once construction was finished back in 2007 there was a little attention paid to this. there is a lot of other things they look at, balconies not so much. an interesting thing here, one thing the city does require them to do is fill out this self

report that the landlords and tenants look at. this is an example here. on this list it asks a lot of questions they have to provide every year. nothing about balconies. that's another year that is likely going to change. >> in this report that has come out now it talks about regular inspection from here on out. that seems like a basic thing. that wasn't happening before? >> right. that's going to be the rub here. there's going to be more focus put on the balconies now after an international disaster and a tragedy like this one. there were some inspections being done but what they are saying is if the city council agrees to these recommendations six months from now you will see all these balconies inspected. then every five years they are go back and take closer look. >> i'm curious in the end who

is liable? >> well as -- if we take nicu from some of the lawsuits that we -- any cue from some of the lawsuits there was one against builder. that case was settled by the builder. they were just one defendant. we are talking subcontractors. many times in this lawsuits they are going name a lot of people. maybe through that process is that we find out where maybe some other steps -- >> if there is something wrong with the ceiling as well. >> right. >> there was water proofing. the question was was it good or was it tampered with. >> another question is what can renters do. we need that extra layer of protection >> hopefully we will get it. >> look forward to your reports in the future on this. >> now you will find complete

coverage of our berkeley balcony collapse at ktvu.com. this is now new frontier in just three minutes we are going to dig in deep about how these new apps events as they are happening. they are creating a new way to interact with our ever changing world i will check in on your cur reasonable certainty conditions and talk about how long this tlend last. you may have heard about the story of the buy bonifacio that was bitten bay rattlesnake and the mother suckled the venom herself. what would you do? share your story by tweeting us. we take a closer look at rattlesnake incidents this spring and summer season. also right now want to give you a live look outside. that is the good old east shore

freeway. it looks like the eastbound traffic is a little choppy. not bad for a late tuesday afternoon. we are back in a bit.

a richmond police officer attacked bay trained police dog prompting the officer to shoot that dog. >> we are live in richmond now where police spoke to her about how this all happened. so many questions out there. >> yeah there are a lot of questions. right now i think the department

is just kind of shocked and saddened that two of their officers are hurt. when you think about it these k-9s train with officers on a daily basis. it's crazy to hear one of those k-9s got loose from a car and then attacked an officer that was walking into work this morning to start his shift. it happened at 6:45 this morning. the officer or the handler was inside the department. the k-9 was inside the car. somehow the dog got loose and attacked an officer inside the parking lot. bit the officers hand and so the officer shot back in self defense. as you said, there's a lot of questions as to how the dog got loose. right now the department is saddened by what happened. >> well obviously this struck all of us to the core. we don't want to see one of our officers get injured. neither one of our k-9s.

everybody that is involved, it's pretty upsetting. >> the officers say they want to public to be aware that they are going to do everything they can to figure out what happened. pretty much there are three things that could have happened. there is a safety measure is in place where the dog is locked in a -- place -- it's possible the car malfunctioned and unlocked itself. all of these things will be under investigation. right now the focus is on the dog and the officer. both of them are expected to be okay. >> i'm actually wondering what happens to the dog next? will that dog will allowed back on duty? >> mike, yeah i asked that question too. they say it's more than likely will recover but this k-9 officer will likely be retired.

it's obviously a traumatic experience for the k-9. >> how common is there this for a police dog to attack one of it's officers? we don't hear about this happening. >> yeah we don't really hear about it. i tried contacting several k-9 trainers and handler who have worked with dogs in the past and we didn't really get an answer to that question. we know as far as here in richmond it's pretty rare. k-9s have been working on force here since the 60s they haven't had an incidents like this where a k-9 attacks one of the officers. pretty rare for the city of richmond. >> still so many questions. thank you. south carolina lawmakers took the first step towards deciding whether to remove the confederate flag from the grounds of their statehouse. the matter could come down debate in several weeks. the move comes after governor nicky haley said yesterday it's time for the flag to go after

nine black church members were killed in charleston. other southern states have started to discuss removing the em policemen from their flags and license plates. a grass fire threatened homes this afternoon and had people preparing to evacuate. the fire burned about 15 acres near fairfield along i-80 before it was brought under control. no homes were damaged. helicopters were brought in to make water drops on that fire. many of the home has defense able space around them and that likely helped firefighters keeping those home from being damaged. the fog burned off early today. >> let's take a look outside right now. beautiful shot there. it's going to get a little bit hotter. >> yeah, it's going to get dryer as well. we will continue that through at least thursday that's when ten

temperatures will peak. we are several degrees warmer than where we were inland. take a look at santa rosa. livemore upper 80s. around the bay a very comfortable day. right now 68 in oakland. we had partly cloudy to mostly cloudy skies in and around half-moon bay. let's shift inland and take a look at a few more numbers. ant i don't care and pittsburg holding off at 89. here's a look at the 24 hour temperature change. santa rosa a 24 degrees warmer at this hour than 24 hour ago. you definitely noticing the different. fire field by 8. napa by 6. 4 degrees warm in hayward. mountain view for 6. here's a look at the fog. we talked about patches of it out there. i could only find a this little

bit right along coastline in and around half-moon bay. the on shore breeze continues to blow. it was very weak today. it's picked up some in fairfield. little bit of cool air now beginning to pull through. this ridge of high pressure continues to build and we will have upper 50s to low 60s along coastline. warming into the 90s for tomorrow once again. temperatures around the bay will be in the 70s. as we get out the door tomorrow morning, very similar to this morning. 53 in oakland. low 50s san rafael. low to mid 50s along the peninsula. afternoon highs for tomorrow 83 for-and-a-half row. hitting 90 once again for santa rosa. east bay temperatures will be in the low 90s. these temperatures coming up just a few degrees over what we had for today in most cases.

low 70s along east bay shoreline. south bay 80. 79 for santa clara. along the peninsula for tomorrow a nice day in san mateo, 76. 65 san francisco. low 60s with partly cloudy skies along the coastline. that extended forecast taking you into your bay area weekend. temperatures slightly warmer for tomorrow. a huge jump on thursday. we are still looking at the possibility of hitting the century mark. then we come right back down as we get into friday and your bay area weekend. looks nice. >> all right. >> little taste of summer. >> yeah >> thursday we will feel it for sure. >> yeah it's going to be baking for some. a man trying to fix his wife's car may have sparked a big fire. take a look at this video here. even firefighters say this one was very intense. what crew has to do that was unusual to put it out. big business takes a stand on the confederate flag. the major retailers coming out

against long time symbol of the south. why one corporation is getting attention for this move. o?oowq

let's go back to this grass fire. went this started burning ken happened to be nearby and hi started videos. these were the first pictures into our newsroom. if you haven't seen this, or if you haven't heart haerd of it,

this is an app la that allow -- heard of it, this is an app that allows people to stream live from their phone. we end to agree with it being a game changer. on today's tech tuesday nile nickel joins us now via skype to talk about this latest technology. are you there? >> i am here. >> let's talk about this. so it works with our current social media that we have now. tell us about it. >> well it is a mobile app. meaning that you are going to use it on your android or your iphone. what it does is it absolutely -- uh it broadcasts the video realtime. you have it in your pocket. the phones are with us everywhere. just like twitter twitter allows people to broadcast in a

textual way whatever they are coming across. now you can add live video to it. >> when you are using it, it can be anything. let's say the birthday party you couldn't get to. somebody could get you to see it. you see where this is going do. you see this having legs? will this last? >> i think this is going to be huge. when we stop and looked at what happen to twitter and how twitter is engaged with the news so many people just like the video that you showed the beginning of the segment here, they engage with the news on twitter. well now they are going to be able to do the same thing but with video. it's one to many. lit have legs? it's already had legs. we look at what happened in maryland. it was right there. we looked the explosion that just happened in new york city. so it's already making a huge, huge impact. >> well here locally we showed that video coming in. ken showing that fire there he

was there, those are the images we were able to see right away. we can certainly see the benefits. let's talk act the dark side of social media. i what comes to mind first is over sharing. people maybe not know limits. and also your privacy. what people are going to be put thought for the world see. >> privacy is one of the things that really scares me to death because you stop and think about this. this is on your mobile phone you could put it in a place that maybe people aren't expecting to be broadcast. next thing you know it's broadcast to the world. it could have a big impact on things. privacy is a big thing. like wise, sharing some soft news stories that are likely to come out you know the people that are citizen journalist they don't have the training that you guys have related to the ethics. some of the things to be concerned about, broadcasting these images and impact they could have on the people

watching. >> absolutely. another thing that comes to smiend our devise. we treasure them. when that battery goes low where do we go? it happened to ken out there in the field today. you are going to drain that battery when you do it. also the people that have data limits. >> well, obviously the battery power is a big deal. now you are using the phone and you streaming the content. the next part of that is absolutely -- positively you know talking about that battery going dead, what happens? we have dealt with that a lot of different situations. you are going to have to tleern adapt learn and adapt and going around it. >> we will have to keep a watch

on this one. thank you so much nile. >> great to be with you. thank you. early this morning a man died after falling through a rooftop sky light. medics received a call around 4:20 a.m. saying a man had fallen to the ground near 14th street. they say the man that was between 30-40-year-old had been on the roof drinking with a friend before he fell. his name has yet to be released. there is word tonight that the man who barricaded himself inside a construction crane in san jose sunday was lured down with a ri toe. nearby -- bury toe. they said a policeman came in and got him food and after 14 hours they came down from the 9 story tall crane. prosecutors tell us he is due in court tomorrow.

investigators believe a man welding a leaky gas tank on his wife's car may have caused an early morning gas fire. they say the flames were so intense they had to use chain saws to cut holes on the roof to vent the flames and smoke. firefighters say the man emptied the gas tank before welding. the spashgs and vapors may have sparked that fire. -- sparks and view parts may have sparked the fire. they say the man tried putting out the fire but it was too big. >> they tried to put out the fire themselves. she tried to grab that and gave it to him but it got out of hand really fast. >> the man is now recovering at nearby hospital with second and third-degree burns. his wife and family pet all made it out of the house safely. those pets were given oxygen because of the heavy smoke that fire is about 8-10

miles there. the u.s. forest service said it's burned more than 16,000 acres. there is no containment yet. their main focus is to protect the community. it's caused hazardous air quality out there. the fire was parked bay lightning strike -- sparked by a lightning strike friday. residents have been told to be prepared in case of evacuation orders. the controversial over the con federal flag is now im [ indiscernible ] confederate flag is now imbatting big businesses. >> its a chance for companies to make a difference. that's the reaction from wal-mart's ceo as the company faces criticism over carrying merchandise featuring the confederate flag. they will no longer carry

products in their stores or online. the move comes after deadly shooting in a church in south carolina by a young man that was pictured with a confederate flag. sears k-mart and ebay have made similar pledges. wal-mart's ceo who took the job last year said in edition to the business of retail, he wants his business to make a difference. in february they announced plans to raise wages for 500,000 employees. that move also inspired some of it's competitors to implement a higher minimum wage for their workers. labor groups like it, wall street does not. the ceo says he hopes these moves towards social responsibility will be the turning point for the company. straight ahead rattlesnakes are a common sight these days.

the special protection available if you get bitten. nascar is coming to the bay area. we will find out what it was like to get out there on the track coming up, we are back live out there in richmond talking to police about the attack against officer. she's also been tweeting out new updates. this one here, richmond pd said handler was inside. k-9 was in the car. we are back in just a bit. plan --

welcome back to the four. >> nascar is starting to roll into the bay area. sonoma race way is getting set to host the toyota save mart 350 that will be on sunday. >> guess who got a chance to ride out there on the track? john. >> someone had to. >> let me guess you are going to be in the pole on sunday. >> [ laughter ] >> what was that like? i have done the fighter jet thing but i have never done the nascar. >> we were in a toyota camry. we were doing 115-120 miles per hour. weer are being driven by a

17-year-old kid out of napa. i'm holding my phone and recording the entire time we were doing that. people were freaking out on their comments. but so that's james he's 17-year-old. he is jeff gordon's cousin. he's been racing since he was 4-year-old. >> he's racing on sunday. >> that's right. >> this is his could you say that i know is racing on saturday. >> right. he's shown us what it is like on the track. right there it doesn't look like much. here you get to see what it's like outside. on these turn we're doing 60-70 miles an hour. it feels like you are about to fly. we never did. he held us together the whole time. it's just amaze what these guys do. it's amazing. >> yeah. they have to be highly skilled. i'm seeing you got into a car with a 17-year-old. you are your seat belt on but what did it feel like?

>> were you scared, john? >> honestly no. i'm a pretty trusting guy. i'm going to get out there with someone who knows what they are doing. this kid clearly knows what he's doing. it felt like he mastered this car. even though was a toyota camry and not his nascar. >> did you get a sense that these drivers -- there is only a couple of road courses like this that they d during the season, that they actually enjoy coming out here in. >> absolutely. this is his home track. he's got kind of maybe a little advantage there. most nascar's go around in a big oval. as steve, the president over there at the race way said, for the first time when they come here they take right turn. it's a bunch of turns and up and down. it's a much different kind of dmeej them. it's an exciting time for them. >> today is gearing up for the big race on saturday. there is also one on sunday.

>> james is racing in that on saturday at 2:00 the big race is on sunday. >> thank john. a driving school on the peninsula closed abruptly last month. scores of students are left in driving limbo waiting for letters from the stanford driving school in palo alto. they documented their hours so they can continue instruction. other schools are trying to pick up the slack. >> stanford driving school had so many clients. they are calling us and we have over 50 people calling us. we are trying to accommodate as many people as possible. >> stanford driving school was in business for decade. according to the palo alto weekly the closure came after a failed attempt to sell the school. whether or not there will be tuition refunds remains to be seen. dub nation snatching up the latest piece of warriors

history. we will show you the new magazine cover celebrating their championship win. as expected a warmup over the bay area this afternoon. we will check in on those current conditions and take a look at tomorrow's highs and when these temperatures are expected to get near 100 for some let's give you another live look. that commute going home not too bad. a little choppy in some directions. others it's nice easy. the four is back in just a bit.

taking a look at some big topics out there on social media today. >> nba, mvp on the cover. >> you see him there in his nba gear. he kissing that trophy. the caption all that glitters is gold. >> that's right. with have been seeing him kiss that trophy for quite sometime now. [ laughter ] >> we have. >> he this is the fifth time the warriors have been featured on the cover. interesting he was on the cover uh and not mvp but he is the heart of team. >> he is. some were wondering who should have gotten the mvp.

>> they averaged 26 points. >> yeah just during the finals. and the man behind the music composer james died in a plane crash near just north of santa barbara. they say he was piloting that small aircraft when it went down. >> horner responsible for some big emotional score outs there. titanic, field of dreams, brave heart and it was his original dramatic score in titanic that won him an oscar. >> that's right. also titanic sold a whopping 57 million copies worldwide. his dad also a two-time winning art director and set designer. >> hollywood also losing dick van patten best known for his role in eight is enough. he's played tom brad ford. >> before the whole tv thing he appeared in 27 broad way shows.

he was also in plenty of movies. space ball is one of my favorites. also robin hood man in tights. >> he had a role in happy days. a bigger role in love boat. 86-year-old who died from complication of diabetes. >> very talented man. >> well remembers what's going on here weather wise? >> we are warming it up. temperatures jumped quite a bit for our inland cities. they will continue to warm. i think temperatures peak on thursday. give i don't giving you -- giving you a live look there. 90 right now in santa rosa. 68 in san francisco. take a look at that span.

upper 60s oakland. san jose 75. santa rosa only warmed about 9 yesterday oakland warmed a few degrees. liver more 4 degrees or so. we have had that typical june pattern setting up. low 90s inland. they will be the case as we go into wednesday. tomorrow will be slightly warmer than today. 78 . i -- i am going to take you into your wednesday morning. the low clouds will be back feeling in across the east bay. partly cloudy to mostly clear. just inside the bay and stretching into the east bay shoreline areas. as we get into the afternoon that fog still along the coast like. most of the coast cleared today. areas around half-moon bay continued with the patchy fog out there. that's where we see it again for tomorrow. low 60s in the forecast. we have 70s 80s around the bay. the farther inland you go the

warmer it gets. take a look at the sacramento valley. it's going to be hot in the low 90s. a few areas will also get into the low 90s. after we get into the evening hours, 52 for san rafael tomorrow. 53 for oakland. redwood city 54. 57 san jose. into the afternoon back into the 8 ohs and low 90s for the north bay. 90 for santa rosa. 71 for east bay shoreline areas. you go inland it's a warm day. antioch you are expected to hit 93. 93 for fairfield. 63 xekded for san francisco intochlt the south bay -- 63 and he could for san francisco. giants will play tonight. game time 715 time.

63 degrees -- 7:15. 73 degrees. we will be watching that for you. good nice is temperatures begin to fall as early as friday. we continue that kohl down into your bay area weekend. -- cool down into your bay area weekend we are getting more on diddy's arrest. according to tmz diddy got into an argument with the coach who had disciplined his son. they say after an alleged ator case in the coach's office diddy swung a piece of weight lifting gear at an intern. he went to see the coach in his office where an altercation took place inside that office. >> combs was taken to los angeles county jail. he was released after posting a $160000 bail. a lot of people are talking

about this. this is his son himself posting on instagram i thank god for having a father that is always there for me. love you pops. >> take a look at this tweet from a high school football coach. he says, when picking up a fight with a college football staff don't find the strength coach. >> wow. >> it's funny about this one. i talked to harvey just tmz. we will have to see if these charges stick. speak of football patriots quarterback tom brady is fighting his four-day suspension. two young california boys bitten by rattlesnake in recent weeks. are these bites more than usual and what to you do if you or a

loved one come face to face with a rattlesnake? we have what she's learned about the dangers of rattlesnakes.

there have been two newsies about children getting bit -- news stories about children getting bitten by rattlesnakes. what you think you should do when you encounter a rattlesnake may actually put you in more danger. >> it is not uncommon to see them. >> it's normal here. lot of them on the ground here. >> experts say they want nothing to do with us. but in the past couple of weeks children have gotten too close. in bay point a 2-year-old girl had to be airlifted to the

hospital after being bitten in her own backyard. >> we do have rattlesnakes. definitely something to pay attention to. >> the snake responsible that bite was a baby. >> the parent pointed us to the area where the child was playing. took about two minutes to find the snake. >> in folsom this 4-year-old boy is recovering. >> i know it was snake. i'm looking around and didn't see anything. i took his she off and two little puncture marks. >> his mom wasn't sure what to do. >> mama bear instinct decided to suck the venom out because that's what they do. >> experts say don't do that?

instead wash it with water and soap and get to the hospital. >> doctors say people who are bitten can a variety of symptoms. it's best to get anti-venom within six hours of the bite. >> treat able. usually call 911 and getting here and if you are already very ill you will immediately get treated. if you are not, you will be watching and observed and sure you don't need to get the anti-venom. he's not going move much because it's cold out. >> these days the calls aboutalers seem to be -- about rattlers seem to be agreeing. >> this mom is doing what she can to make sure her son doesn't run into another one. >> putting up somethings in our back yard to keep the snakes

out. >> i love the mama bear instinct there. i feel like i would have the papa bear instinct. i feel like if it's my son, i call 911 what do i do in the meantime? >> well it -- it's venom. it's not -- >> well you don't. >> it doesn't take it out of them. what you need to do is call 911. what you don't know is if the venom went in. sometimes it can just cause bruising. if you do need that anti-venom you need it within six hours. that's what your main goal should be. wash it off with soap and water and regular first aid stuff. then just get to the hospital and have them take a pick take -- take a look at it. >> can you die from a rattlesnake bite? >> well you can.

it doesn't happen very often now. rattlesnakes are the only venomousous snake in our area. depending how much you have in you and how long you take to get it, sometimes they will have someone come in and watch them. you are pretty much okay or maybe they need to get you the anti-venom immediately and get you treated. >> just education. if you are a parent, educate your children about being on trails. >> they don't want to be near us. they don't want anything to with us. they don't realize little kid don't understand what rattles are. >> you and i are backing up.

>> lachz right. tom brady appeals his deflategate punishment. he tries to avoid a four-game suspension. we will have that for you coming up after this.

tom brady's appeal hearing got under way to

day in new york city. that's right they squared off against league attorneys in front of commissioner roger good deal to upheld his father game-suspension. >> he's accused of snowingly using deflated footballs. -- knowingly using deflated footballs. >> let's take a looked at the sequence of events. >> they played the colts. there was in massachusetts. it was a close first half with the patriots leading 17-7. >> then made way through the second half, indiana television station columnist tweeting the following. breaking a league source tell mess the nfl is investigating the possibility they deflated footballs sunday night. more to come. >> they would go onto win this

one, 45-7. the next morning brady said he hadn't heard about any of the allegations. shortly after he had a 13 minute phone call with him. >> he asked is it good? brady types you didn't do anything wrong bud. he then responds i know i will be all good this. >> they exchanged more texts and had three more phone calls that lasted 12 minutes. over the next few days nfl officials questions those involved. on january 22 he told the media he did not alter ball anyway. >> he was adamant about that. >> on may 6 the wells report was released. they have asked goodell to step

down from hearing the claim. >> if previous appeals are an indication a decision on the appeal is likely weeks if not month away. we will have to wait and see that. >> when you break it down 45-7, what changed? >> you never know. >> you know -- i don't know. [ laughter ] we won't know. >> let's bring in frank and julie. >> plus it was against rules. regardless. >> we have a lot coming up next at 5:00 o'clock. tonight investigators are suggesting major changes as a result of that balcony collapse that killed six people in berkeley. >> they say there should be stricter building codes and they should apply to all current. they confirm there was severe dry rot in the woods supporting

that balcony. >> six student ss tom is in berkeley at that apartment complex with the latest from the city. >> well i read it over thoroughly. these new rules indicate the city worried about existing balconies out there that haven't collapsed yet. >> i want to express my deepest condolences to the families and friends for the tragic loss of life that happened here. >> this afternoon a day with two of the victims were buried in ireland, berkeley's planning director said he's asking city council to approve several amendments to it's local building code. >> what we are going to do is make a set of recommendations that will deal with any form of moisture to close assemblies in

the future. >> they will have to have ventilation holes. finally all existing existing balconies, decks and hand wells would have to be inspected within six month thofs requirement being approved plus reinspected every five years. that's a huge under taking building owners would have to pay for. then it got curious. just we don't know and we about going know or determine how the moisture got in. >> when we asked the planning director if inspectors actually looked at and i proved tall water barriers