standing by johannes mehserle. a look at today's rally for the former bart police officer. including reaction from his father. california's whooping cough epidemic shows no signs of slowing. first, a judge make as ruling on the ac transit labor dispute. jonathan has the latest details. the judge's ruling is a victory for workers, they get to keep their pay and benefits and their old schedules for

now. the real losers could be the riders. every week ac is spinning deeper and deeper from the hole. the only choice could be even more service cuts. >> cuts at best. could be weekend. could be longer time between buses. could be up to an hour or more. >> marry gave those words of warning. hours after a judge told the board it did not have rights to stop negotiating. >> this is the third time i have approached all of you and said we are here and ready to negotiate. >> reporter: negotiations broke down when the union wouldn't offer enough concessions to balance the budget. >> your administration is only 25% of our budget. we can't go further without

making labor changes. >> leaders won't talk specifics. they said they do that at the bargaining table. >> there was never a sick out. >> reporter: ac transit said the bus schedule will stay the same for now and lawyers will decide whether to appeal the ruling. in oakland, jonathan bloom, kron 4 news. >> we posted the entire document on www.kron.com. despite huge budget problems, muni drivers are a day away from getting a pay raise. kron 4's dan. >> reporter: despite service cuts and fair hikes, those who drive the muni will see the salaries increased by 5%

tomorrow night when they stamp a increase required by city law. the city says, when [ñindiscernibleñ] you have to look at two comparable transit agency and average out the salary and that's what san francisco muni operators have to get paid, whether the city is in a budget crisis or not. muni's operators refused budget cuts. and that means it will shell out $14 million a year for this increase. >> this union is out of control. >> i think the raises are inconsistent with reality of the times. >> riders aren't the only ones incensed. so is city haul. >> you bet we patakied more.

>> reporter: shawn offered a measure to wipe out the pay hike requirement. >> this will be the last year we have to deal with this. >> reporter: in san francisco, dan, kron 4 news. city leaders say the latest proposal by the firefighters union will not save jobs. they offered a cut in retirement benefits and a new deployment strategy but the mayor said it's not enough and the city needs 10% in cuts to rehire the 49 firefighters just laid off. >> average cost of a firefighter is $180,000 a year. i think we need more, we just can't afford them. >> police officers didn't have to give up 10% of salaries,

they were safe from layoffs. it was a descent day out there today. the fog pealed back by noon. 7:00, fog along the coast and along the bay. pushes back by noon. the coast stays under the fog for the next several days. temperatures into the afternoon in the upper 50s. for inland, plenty of sunshine, upper 80s. we will look at the temperatures, plus a big cool down mid-week, i will have details in a bit. johannes mehserle is scheduled to be sentenced november 5th. today supporters were rallying outside city haul.

20 people marching with signs. johannes mehserle was there. he appreciated the -- johannes mehserle's father was there. he appreciates the support. >> we would like to thank [ñindiscernibleñ] maybe a time for people to get a sense of who johannes mehserle really is, so we come out [ñindiscernibleñ] >> organizers say they plan to hold these rallies once a month until he is freed. whooping cough showing no signs of slowing. several parts of the bay area

has been hit hard. a look at what is behind the spike when kron 4 news continues.

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new details on california's whooping cough epidemic. last week a baby in san diego became the 7th infant to die from the disease this year. [inaudible] explains why it's becoming such a problem. >> reporter: the sound is growing louder here in california. the state department of health says 2,174 cases of whooping cough have been reported statewide. that's 6 times more than this time last year. we are seeing such a big spike because unlike other degrees -- diseases catching whooping

cough doesn't give you life time immunity. >> even people infected still are susceptible again. this makes it a hard disease to control. >> reporter: getting the vaccine one time isn't enough because it loses its strength after five years. >> vaccinate. until 2005 there was no vaccine for anyone over the age of 6. if you are an adult and you don't know if you had the vaccine recently, you are susceptible. >> reporter: they want people who plan to be around infants to get vaccinated. they experience the worst symptoms.

>> marin county has the worst case of whooping cough. reports of the disease appear to have peeked in the late spring. just when it starts to warm up, it will cool back down in the middle of the week. i will have details in a few minutes.

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new details on the wild fires in southern california. crews were getting the upper hand on the wild fear near palmdale. vicki reports on who started it. >> the wild fires that flaired up, tonight they appear to be under control. the crown fire near palmdale scotched 14,000 acres and burned 9 houses. 2,000 people were forced to leave their homes. mechanics working on a car are

being blamed for starting the blaze. at the peek, nearly 1,000 firefighters were fighting flames on the ground and in the air. all roads are now open to traffic and evacuation centers are closed. crews are tamping down the remaining hot spots. the west fire burned 16,000 acres and 64 structures. 22 scare miles were charred in southern california. ground surprise helicopters will stay on till the fires are fully contained. looking that satellite picture, fog hugging the coast

line. but we will see the fog move back in tonight. it's going to be dense along the coast line. by tomorrow morning, mostly the bay shores pushing back to the coast line at noon. sunny and mild conditions. big cool down in store. a look at fog tracking, earlier in the morning, 6:00, the fog scales back. patchy along the delta. notice how clear the fog -- quickly the fog clears from the north bay. 8:00, clear skies. temperatures in the 70s tomorrow. it's going to continue to hug the coast tomorrow, probably all week long. temperatures on the cool side near the coast. 59 in half moon bay, 62 in san

francisco. inland, looking like summer, upper 80s, 90 in antioch. that is not going last. a look at the 7 day forecast, cooler weather for wednesday and thursday. temperatures in the 70s. below 60s around the bay. for the weekend temperatures warm right back up but below average. another estimate indicating more oil has been leaking into the gulf than imagined. scientists say 4.9 million- barrels. now engineers are getting ready for a static kill. >> we have got the equipment hooked up to perform the static kill, once we get it cemented we will perform the operation. >> tomorrow bp will pump mud

from the surface. the mud will be pumped into the well to choke off the flow. the company is also drilling two relief wells. bp's chief operatingophorous syces a permanent seal is only part of the company's responsibility. >> we got to focus on the restoration activities. i know people are worried about that. >> engineers are staying they hope the static kill bit plug the leak. country wide financial pays $600 million to settle lawsuits. the settlement ends several lawsuits that claim they concealed amounting risks. two men convicted to

plotting to blow up jet fuel tanks at jfk airport. the pair wanted to kill thousands of in a spectacular attack. they tried to get help from muslims. lindsay lohan out of prison and into rehab. she went straight to ucla medical center after being released this morning. lindsay lohan was also sentenced to 90 days in a drug and alcohol treatment program. the 49ers open their practice to the public. gary has the latest straight ahead. and trevor cahill did something he has never done before, gary shows you what, coming up.

the a's home from the road. 10,047 greeted them. man losing a beer. went for the ball, lost the ball, lost the beer. rough night. kansas city, whatever descent players they have, they evicuated. roget davis had a great night. people getting in the umpire's face. 3-0 a's. davis one more time. there it goes. okayland 5-0. davis two hits, a home run, couple of rbis. he is playing center field. coco crisp brought in, davis makes the play. cahill 109 pitchers, 10-4, game

over .500. plays for respect down the stretch. they win 6-0. they watched joe torre, and miguel tejada acquired by the san diego padres. the giants lose a half game, two back. still up in the wildcard race. this is headley, 4 hits tonight, including this home run. the padres still winging it, win 10-5. people around here, boy are they ready for the 49ers. couple thousand fans turned out for practice. in the old days you had to drive up to stocken, now they are at santa clara.

here is the new mohawk on one of the better players, vernon davis. >> i got to think about it. i am going to sleep on it tonight. maybe go out two days from now and [inaudible]. why not? training camp, why not? >> pressing for answers. >> the arizona cardinals, new quarterback is going to be matt liner. when he went down, you don't touch the quarterback in training camp, that's a no-no. word is, no one passed away. to me, you have seen a lot of fights and encouraged men to fight in your time, when you hit somebody when they have a hetimate and shoulder pads on,

just to go like this, what are you doing? >> hurting yourself. >> thank you. have you ever had men fight over you? >> i had a man fight for me once when i was inrepresently grabbed. -- inappropriately grabbed. >> in other news -- really? >> he broke some skulls. >> i don't know about you, i have a dull life, how about you? >> nothing like that. >> this guy is [inaudible] of the chicago blackhawks. he leads the block hawks to the stanly cup championships and then got cut today.

they are going with marty. he wins and they said we rather have marty. good night. after jackie, nothing else matters. "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? with my citi thankyou points when it happened... [ glass breaks ] ...again. ♪ [ child ] run! [ man ] first it was the mailbox. then my squirrel. and now, this. so i used my points to make a donation to get the park down the street built. when it finally opened, i also used my points for... car repair. [ male announcer ] use your citi thankyou points for almost anything, even local charities. what's your story? citi can help you write it.