san jose look inviting, refreshing and even pure. but that's only at first glance following a report that this is one of the dirtiest creeks in the bay area, i decided to wade into the waters to see for myself. some of it didn't look too bad, but then there were places thick with old tires and trash. it's a bit difficult to tell exactly what is below the surface here because the water is so murky but just on the surface around where i'm sitting right now is an old mossy tennis ball, a drink cup, get that out of here, and looks like a hairspray bottle. somebody just threw it here. who knows when. >> reporter: some of that surface junk forms thick pockets of stagnant filth. this family rode their bikes along the creek path but they didn't play in the water. does it seem like a clean or dirty creek? >> dirty creek. >> reporter: why? >> because there's garbage in there and stuff. >> reporter: the state water resources control board listed seven santa clara county rivers or creeks as impaired under the

clean water act because of chronic trash problems and three in san mateo county. they can affect the water supply, bay water quality and harm wildlife with contaminants. >> what surprises me the most is when a tree comes down and so much trash builds up behind it. >> reporter: the santa clara valley water district has ongoing creek clean-up projects both for water quality and flood control. but it's a never-ending battle. >> with our inherent behaviors that people do with dumping or throwing things on the ground, we often have a hard time staying ahead of it. so until people change their behaviors, i think we'll always have a certain amount of trash in our creek. >> reporter: now in walking around the creeks today and wading into the story today, i can tell you i was surprised i didn't find a lot of large- scale junk, no refrigerators or bombed-out cars in their creekways, but i did find a lot of trash that it would be easy for people to just put in a

waste receptacle rather than throw it on the ground, where it ends up in the creeks. >> i guess it is kind of a double-edged thing here. how do you get people to stop throwing the trash in the first place. and once it's in there, how do you clean it up? >> reporter: you can't get it out because these as you can see -- it's 40 feet down there, and it's very difficult to collect all of that stuff and bring it up. there's a lot of homeless people living around here, as well. and as soon as the waters come up during the wintertime, you know, all that stuff gets lifted up and it flows to the bay. >> all right. len ramirez in san jose, thank you. now, if you want to look at the complete list of bay area creeks with chronic trash problems, log on to our website, cbs5.com. then click on "green beat." now, in the east bay, investigators think one man may be behind three attacks on women at the very same apartment complex. they all happened at the park regency apartments just outside walnut creek. the latest attack yesterday, this is a sketch of the man. a man found his way into a woman's locked apartment and

threat end her. she got away. investigators say that women all over that area should be careful. >> people in the neighborhood should be concerned about this activity where an individual has targeted a specific area and specifically women. they should be very concerned and be aware of who is around them. >> investigators think the same man raped a woman at the complex last month and then tried to assault another there back in june. and a sex offender is in san jose police custody accused of trying to assault a janitor at a regional medical center. police say steven cooley exposed himself to the woman while she was cleaning a restroom on august 2. they say she screamed when he tried to attack her and then he ran. officers arrested him a short time later. he was on probation for indecent exposure. tonight a man arrested in the deadly shooting of a german tourist in san francisco is free. the d.a. says it released him because of a lack of evidence. investigators suspected the 18- year-old in a shooting on

sunday night near union square. police say mechthild schroeer died when two groups of young people started shooting at each other. a stray bullet hit her in the head killing her instantly of investigators are looking at surveillance video and might have suspects later. groundbreaking on the new transbay terminal in san francisco and it will be the first high-speed rail station in the nation as well as the gateway to nearly a dozen transit agencies locally. anne makovec shows us this project is expected to create tens of thousands of jobs. jobs. 2017 we are going to see the grand central station of the west reporter: a $4 billion project kicks off today at the site of the old transbay terminal at first and mission. this terminal was shut down last week so work can begin today on a brand influence facility. it will be five stories tall, much of it underground, with a 5 1/2-acre park on the roof. next door, a new sky scraper

with housing and shops. >> the tallest new tower on the west coast of the united states that will anchor this new neighborhood, with real focus on street-level vibrancy. >> reporter: they say the new facility will create 48,000 new jobs. >> it's so important in these tough times to get behind projects like these that are so necessary and produce so many jobs. >> reporter: the transbay transit center will connect eight bay area counties and places around the state with 11 transit systems, a.c. transit, bart, caltrain, golden gate transit, greyhound, muni, samtrans, west cat links, amtrak, paratransit and the future high-speed rail from san francisco to anaheim billed as a faster cheaper way to travel. voters agreed to take out $10 billion in loans for the project. the total price is quoted at over $42. there's still plenty of controversy, several lawsuits and a lot up in the air about

the project from the funding to the exact route. >> once californians experience the joy, the beauty and yes the productivity of traveling rail throughout the golden state of california, those critics will no longer be heard. >> reporter: there's a lot of federal money planned for the project, as well. transportation secretary ray lahood was here. he said that california got that money because our state was ready to act. in san francisco, anne makovec, cbs 5. public debate is about to get under way in santa clara on plans for a large new minaret at one of silicon valley's largest mosques. a planning subcommittee has already approved the tower for the muslim community association mosque which is on scott boulevard in santa clara. it would be about the size of a six-story building. but a neighbor filed an appeal, worried such a tall tower would attract more people and then create traffic as well as parking problems.

>> i think a 63-foot minaret tower would in some ways serve as an advertisement and so, you know, it probably would be seen by more people from a further distance. >> the issue goes before the santa clara planning commission tonight at 6:00 just as ramadan starts. the planning staff recommends the tower be approved. they are pretty popular at children's birthday parties but not everybody is jumping for joy over the inflatable bounce houses. what kids are surrounded by that's harmful to their health. first santa clara county now another bay area city threatening to take away children treats in the name of health. finally out there is nice. >> wells fargo caught with the hand in the atm cookie jar. how you could have some money coming your way. ,,,,,,,,,,,,

francisco could soon ban toys in first santa clara county did it. now san francisco could soon ban toys in fast food meals for kids. legislation was just introduced this week. it would ban toys in meals that have more than 600 calories. a supervisor sponsoring the measure says he wants to promote healthier eating and reduce cost to our healthcare system. the ban would pertain to all

fast-food restaurants within the city limits. you ask any parent, throw a birthday bash for your child and a bounce house is a sure way to keep the party jumping and wear off some of the sugar rush but tonight we are hearing about a possible new health concern about those houses. dr. kim joins us with more. welcome back. >> thank you, allen. >> reporter: some folks call these bouncy houses, others call them jumpy houses but the state attorney general is now calling them a hazard. in a new lawsuit, he is asking manufacturers to get the lead out. >> anybody here like the bouncy house? >> yeah!!! reporter: for most kids jumping in a bouncy house is a jump for joy. but for this person from the centers for environmental health, he sees a danger lurking from within, lead. >> the materials in bounce houses are usually vinyl, a poison plastic because it can contain a lot of toxic chemicals including high levels of lead. >> reporter: lead is a neurotoxin. too much can lead to health

problems, especially for young children whose brains are still developing. >> under federal law for children's products, they cannot contain any more than 300 parts per million of lead. in some of the bounce houses we found 70 times more lead than that. >> reporter: using a special device, the center tested the scooby due bouncing house. >> 40 times the legal limit. >> reporter: but not all bouncy houses have this problem. who doesn't love scooby doo? but we don't like the lead so today we are going to the cars. this bouncy house passed the test. so i'm going to give it a jump. whoo! kids touch everything. and in bouncy houses what gets on their hands often ends up on their face and in their mouths. the state attorney general has jumped on board, filing a lawsuit to force companies to stop using lead-containing vinyl and to compel rental

companies to post warnings, as well. now, right now, there's no easy way to know if a bouncy house has high levels of lead or not. so play it safe. when your kids are done jumping up and down, have them wash their hands with soap and water, especially before they are going to be eating. also, when you get home, change their clothes. have them take a shower especially if they have been really active rolling around. dr. kim mulvihill, cbs 5 healthwatch. and we go to breaking news out of the east bay. chopper 5 is now above what's left of a high-speed chase. this is in contra costa county. according to the highway patrol, its officers were trying to stop a murder suspect who is believed to have weapons in his car. now, the chase started in eastern contra costa county. and we did get several e-mails from people who saw it end here. they saw a lot of these police cars stop. the suspect's car is that yellow car there. it stopped in the bay point area, solano and calaveras

drive i'm told specifically. very residential neighbor as you see. apparently, the driver of the car has not surrendered yet but again, it's that yellow suv. police have called out a s.w.a.t. team and they are bringing in police negotiators, as well. so again, chopper 5 above contra costa county where we are watching as police try to take into custody a person they call a murder suspect. after nine years, the plunge will re-open this weekend. i'm ann notarangelo in richmond. we'll go inside this one of a kind pool that's swimming in history. he cursed, grabbed two beers and made a dramatic departure. what that flight attendant had to say today. >> my ears were ringing all day today because everybody was cursing the weather person! i got to tell you, i have one weather word for today. ridiculous! highs today averaging a good 20 degrees below normal. the day we'll see seasonal highs return to the bay area as eyewitness news continues right here on cbs 5.

,,,,,, "meg whitman says she'll run california like her company..." seen this attack on meg whitman? who are these people? they're the unions and special interests behind jerry brown. they want jerry brown because, he won't "rock the boat," in sacramento.

he'll be the same as he ever was. high taxes. lost jobs. big pensions for state employees. the special interests have chosen their governor. how about you?

indoor pool known as the plunge. ann notarangelo is in richmond where the nearly one hundred ar old pool, got a an east bay landmark, the plunge getting back into the swim of things. ann notarangelo reports from richmond where this nearly 100- year-old pool getting a 21st century makeover, huh ann? >> reporter: it's the municipal natatorui much. , from the latin, built for a pool. this is a local treasure. >> it looks like something cool. >> reporter: five-year-old david lockett wasn't burning when the plunge closed in 2001 but can't wait to jump in. same for 80-year-old pat pearson. >> everybody said you can't get rid of the mushrooms so that's why here it is now. >> reporter: she is reminiscing about this former indoor fountain that's been moved outdoors for health reasons. >> the mushroom used to be in the kiddie pool. and you could sit all around the edge of it and the water would come over the top of the

mushroom and drip down. >> reporter: built in 1926, it was damaged in the loma prieta quake and deemed unsafe. nine years and 7.5 million later the plunge is about to re- open. >> walking into one of the old pool palaces of the 1920s. >> reporter: this architect took painstaking efforts to honor history while improving upon it. >> this was rebuilt. this was torn out in the '60s. >> reporter: he says it's the cleanest greenest pool in the country, a little salt in it the same as human tears and you don't smell chlorine. >> the water goes through and zapped by ultraviolet light and takes out any bugs that are left. >> reporter: solar energy heats the pool but pulleys open and control the windows to control the humidity. handpainted signs for the rules but the walkways are larger. >> this is the old wall here. this had a small pool deck. this historic picture of the

people jammed in here. now it's more gracious. >> reporter: the plunge has always had a mural. and this new one features a beloved local swim teacher. >> our princess of the pool. she is amazing, inspiration for me. >> reporter: she is now 83 and it's hoped she will be the first one in the pool on saturday. david vincent will also be there. his parents came here as kids and so did he. and he is the one who raised the money to rebuild the plunge. and best sums up what all this means. >> i'm probably like everyone else, it's just very awesome. >> reporter: the ribbon-cutting is at 11:00 a.m. saturday and then they will have free swims for the general public all afternoon. i have been sworn to secrecy but if you get here early maybe 10:30, they have a very big surprise for the public. so if you make it down here 10:30 should be your start time. >> i'm never telling you a secret! [ laughter ] >> reporter: i told them that i would not tell you about i

would sort of tell. did i kind of cover myself? >> half, half. all right. thank you, ann notarangelo in richmond. >> you know the best thing about that pool? indoors! >> the water temperature is warmer than the air temperature. go back to the 4th of july, seasonal averages across the bay area, july 14th. so we have honestly been going about four weeks with unseasonably cool weather here in the bay area including right there, san jose, it looks summery, right? but the air temperature, quite deceiving because it's 68 degrees and then you combine the northwest breeze at 15 miles per hour. that's where the air quality is so dynamic. meanwhile compare that with the bay bridge with the current air temperature is 60 degrees in oakland. this side just due west of the bay bridge. it is 57 degrees in san francisco. we never did see any clearing today. the satellite suggests at this particular time that the low clouds, fog, the marine layer are penetrating the eastern portion of our district all the

way into el cerrito, alameda and also in richmond. temperatures in the 50s, 60s and 70s in morgan hill. otherwise, breezy evening commute. if you have plans to be out at the giants baseball action as they play host to the chicago cubs, bundle up. yes! temperatures will be in the mid- 50s with a pretty strong wind out of the west at 15 to 20. last night i had people tweeting me telling me the windchill factor felt like the 30s at the baseball game. today the coolest game of the week. we are 18 degrees below average inland. a good 10 degrees below average in san francisco. blame it on that deepening marine layer that continues to penetrate a good 70 miles inland. official sun-up tomorrow morning at 8:09. nobody is going to see it due to the gray conditions. we will see some partial clearing at the beaches predominantly from san francisco to the south but that's about it. trough overhead persistent not going anywhere and that's what's causing the cool

temperatures. tonight in the 50s, tomorrow daytime highs 50s, 60s, beaches, low 80s inland. we'll start to see seasonal conditions by, oh, let's say friday, saturday when we warm up to almost near 90. warmest day of the weekend will be on sunday and then seasonal summery weather through wednesday. we also offer you the opportunity to send us all your favorite pictures to cbs 5. john says it feels like alaska here but here's a real picture from there. keep the photos coming right here. and we'll be right back. ,,,,,,,,,,,,,,,,,,

been hit with multiple over-

an update on breaking news in the east bay as chopper 5 keeps an eye on this. this is the end of what was a high-speed chase through contra costa county. chp has told us they were trying to stop a man who was a murder suspect. apparently, he was holding a gun to his head while he was driving. the yellow car, chopper 5 is a little wide, you can't see it here, but the driver was driving a yellow suv. it's in the bay point area where they stopped, solano and calaveras drive. apparently, the driver has not surrendered. so police have called in a s.w.a.t. team and negotiators to try to end this thing. but again, right now, they are in the bay point area, solano and calaveras drive so we'll keep a watch on that. wells fargo customers who have been hit with a multiple overdraft fee may get some money. a federal judge in san francisco has ruled the bank has not been playing fair when it comes to charging the overdraft fees and the bank has to pay. reporter: it's a stinging rebuke to the nation's second

largest bank. a federal judge is ordering wells fargo to pay $200 million to customers in california. >> very happy about that actually. >> if in fact they were doing that and they were dinged on it i'm glad. >> finally that they are getting their hands off is nice. >> reporter: it's more like a full body blow. in a 90 page ruling the judge plasticked wells fargo saying it intentionally set up a system that causes customers to rack up the maximum amount in overdraft fees. >> victory for the little guy. >> reporter: he brought the class action lawsuit against wells and says starting in 2001, the bank began processing customers' daily transactions from largest to smallest, depleting accounts faster, something the judge called a trap that wells fargo exploited with a vengeance. >> it's a manipulative device designed for the purpose of increasing revenues from overdraft fees. >> reporter: the nation's other big banks, bank of america, chase, citibank, union, u.s. bank and wachovia, all process transactions the same way, from

largest to smaller. class action suits are now pending against those banks, as well. so when will wells fargo customers see their share of the money? probably not for a year or more. wells is appealing the decision. but if it stands, customers who qualify could get up to $200 each. pay back some customers say is long overdue. >> just knowing tough to see your account $35 for one mistake you made and then multiple subsequent charges, 35, 35, 35 for one mistake. >> reporter: while most of the nation's big banks process transactions from largest to smallest, the majority, about 60% of them, actually process transactions in chronological order. meanwhile the judge has ordered wells fargo to change its processing policy by november. now, if you have a consumer question or complaint, our hotline number is 1-888-5-helps- u. all right. that disgruntled jetblue flight attendant who cursed at a pang and then deployed the emergency slide to get away has said that

he had actually fantasized about that for years. >> for 20 years i thought about it but you never think you're going to do it. >> he pled not guilty to criminal mischief and other charges in monday's incident. the whole thing took place at kennedy airport in new york. he says he is surprised by his folk hero status but now that he is free on bail, he hired a lawyer, says he will have an announcement soon about his future. our future? we'll be right back. ,,,,,,,,

[ cell phone rings ] [ john ] i love these new cell phones. [ wife ] he just got a new phone and he can't stop using it. boom! profile pic. [ cell phone rings ] do you guys needs a moment? since john is always on his phone, we thought he'd like using wells fargo mobile banking. just paid the electric bill. wow. he's able to pay his bills, check his balance.

wow. [ banker ] even transfer money between accounts. i can tell you what's playing, if you like. i can tell you, too. see? oh. [ male announcer ] wells fargo. with you when life is mobile. ♪ they thought they were buying health insurance. but all they really got was th . i'm dana king dane. they thought they whether buying health insurance. but all they got was the bill. the deceptive things some companies allegedly do to lure you in. $150 to change a light ball? a new audit uncost how the state's courts are really spending your money. that and much more at 6:00, allen. >> dana, we'll see you then. we have 30 minutes until then. we'll also be keeping an eye on what's happening in east