we are live in berkeley where police lead out on a car chase. they just pulled the car out of the estuary. we'll tell you what got in his way. vallejo police shoot and kill a man on a boat in the marina. a pair of outages left hundreds in the dark. the reason thieves may to be to blame for one of those outages.

good morning. thank you for joining us, wednesday june 5th i'm pam cook. >> i'm brian flores in for dave clark today. let's start off with weather and traffic. steve paulson is here. i guess we are enjoying the cooler temperatures now. >> it's going to warm up. it depends on how much. there is not a consensus on that. there is a lot of fog and west winds. very similar to what we had yesterday which means 50s and 10:s coast and bay -- and 60s coast and bay. here is sal. traffic is moving pretty well on the san mateo bridge. no major problems there. also the morning commute looks good if you're driving on the golden gate. now back to the desk. topping our news right thousand. recovery crews in the east bay are drudging up a car wanted in a hit and run in san francisco. ktvu tara moriarty has been following this story. this salvage operation in the berkeley estuary since 4:30. >> reporter: the alameda county dive team came out here and they helped run a cable from the tow truck to the car in the

estuary. they just pulled it out of the water there. we took a look at the back of the car. it's a range rover. it has no license plates and it does appear to be a newer car. the back window has been blown out. but it was completely submerged in the education chew area -- estuary. divers helped pull the man to the road. he used the car to drive through the front windows of a gas station. and then he tried to get away. so officers chased him across the bay bridge and used spike strips to blow out his tires. he was only traveling at a low rate of speed at about 30 miles an hour when he exited interstate 80 and got off and he said he drove into the estuary because he was trying to dodge police. >> he claimed out the window and was able to grab on to something and swam to the shore. berkeley fire came out and one of their divers went in the

water and assisted him to the shore. and we were able to grab him and bring him up. >> reporter: now the suspect was not hurt but he was shivering and police not happy about the situation. he was taken in an ambulance for precautionary measures. and last night police had to run traffic breaks so no one else was impacted. coming up we'll have more details about the suspect's mental condition. live in berkeley i'm tara moriarty. >> thank you. a fight at the vallejo marina turns deadly when a police officer was forced to fire his gun. ktvu channel 2 reporter katie joins us live. >> reporter: the man shot and killed by police was in his 40s. he lived in the dock behind me on a boat rather attached to the sea dock. you can see the the shooting

happened around 8:00. police say they got several reports about a loud fight. when police arrived the suspect was alone on the boat. he then pointed a gun at an officer. we are still working to learn what was said between that man and the officer before the gun was pulled. police say when the suspect pulled out the gun the officer started shooting his own service weapon in self-defense. the suspect died at the hospital. the officer wasn't hurt but is now on administrative leave during the investigation. we do have calls into the corn's office to try -- into the coroner's office to try to learn the name of the man. we also have a call into vallejo police to get updates. they hope to release new information by this afternoon but we are continuing to make those calls. reporting live in vallejo co

co. last night's shooting marks the second deadly shooting. the happened on march 20th. last year the department dot got a lot of attention when they had six deadly officer involved shootings. a fire and power outage in to be blame. rnight ieves oakland fire and pg&e thinks someone trying to steal copper cut into a live wire. hundreds of people are in san francisco without power after a tree fell on power lines. it's on garfield street. the outage started before 11:00 last night and is now effecting nearly 600 customers. pg&e expects to have the power back on by noon.

apple plans to add more than 7,000 workers at its cupertino campus in the next three years. that is part of a report that apple submitted to cupertino as part of its bid. it doesn't go into details of what the workers will be doing. some analysts say adding more employees on the campus could indicate management needs. apple is one of the several smart phone makers to face questions about the growing problems of smart phone shift. coming up the summit being convened by law enforcement officials and the change this are seeking to protect customers. it looks like a runoff race is likely in order to fill the vacant seat of george shirakawa junior. more than 50% of the vote was needed to take the district two seat. the county registrar says cindy chavez was the closest at 41%. theresa alvarado received 31%.

chavez and her supporters gathered in san jose last night for an election party. chavez who served two terms on the city council says she wants to sigh more attention on public safety. >> in the time i lost office we lost enough officers to to staff sunnyvale and mountain view. we have work to do. >> voters will likely return to the polls on july 30th. mean in contra costa county it appears voters have approved a measure that would raise the utility tax in the city of hercules for five years. the measure received 70% yes votes and 29% no votes. hercules city leaders believe it will raise about $1 million a year. and in marin county a parcel tax for the school district appears to be winning. ma received 66% yes votes and 33% no.

it only needs two-thirds majority to pass. 5:07 is the time. let's check in with sal. it's been pretty quiet. >> it has been quiet so far pam and brian. traffic looks good around the bay area as we go to the 80 freeway here. all the way to beck lip and there are no major problems at the bay bridge toll plaza. we are off to a nice start. sometimes you see road wash there. this morning there was trucks there. if you are driving in san jose northbound 280 traffic looks good. so does 101 and 85. 5:08 let's go to steve. another big fog bank out there. another fresh westerly breeze in place. a little low down off of southern california. central california is not only giving us fog but also thunderstorms popping up. it looks like they will be drifting over tahoe and truckee. 50s on the temps.

it's a robust westerly breeze. fairfield west to 23. concord west wind. napa west wind. it's all in place once wow get that sea breeze it's tough to break things 45 in tahoe. 62 in reno. it will be rather warm to hot the next couple of days. 52 ukiah. 54 sacramento. the delta breeze is definitely making it out to sacramento. our low cloud deck is here. it may burn off a little sooner today. the berheometer is up a little bit. i don't think there will be too much change. 50s and 60s coast and bay. it does look like we will see a little bit warmer pattern thursday. friday, and saturday a couple forecast models that are warm to hot. one has really backed off. we will have to ease into this. >> thank you, steve. 12 people have been killed by severe flooding that has

devastated parts of central europe. schools and businesses are closed in the historic city of prague. much of the city of southern germany is under water and rescuers are going door to door with boats to rescue people stranded in their homes. wed learn later this morning if oakland police head quarters will reopen to the public today. crews are still assessing the damage. crime and property reports cannot be picked up while that building is closed. traffic reports are still available at oakland's east monday station. have you wondering how the new health care reform will effect your premiums? how you can pay more for health care depending on where you live. strong words from first lady michelle obama after a protestor interrupts her during a speech last night. but the white house failed to mention part of the

confrontation in its official transcript for reporters. i'll have details in a few minutes. sunol grade traffic looks good on interstate 680 heading south. we'll tell you more straight ahead. goodnight.

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welcome back to the ktvu channel 2 morning news. 5:13 is the time. we have breaking news about a major shakeup in president obama's foreign policy inner circle. we are learning president obama will announce later today that

u.s. ambassador to the u.n. susan rice will be taking over as national security advisor. the current national advisor is retiring. an american soldier will plead guilty later this morning for one of the worst atrocities in the afghanistan war. 39-year-old staff sergeant robert bails will recount how he lawsuited 16 afghan civilians. many women and children last year. the sentencing phase will be held this summer to determine if he receives life in prison with or without the possibility of parole. both britain and france now say there is credible evidence that the syrian government has used deadly nerve gas several times in the civil war. the british ambassador to the

united nations says they have reported findings to the secretary general. president obama confirmed use of chemical weapons would be crossing a line that could lead to more direct u.s. involvement in the conflict. first lady michelle obama had an unexpected run in with an activist while giving a speech at a private democratic national committee fundraiser. as kyla campbell reports from our washington, d.c. newsroom the first lady threatened to leave the event. kyla. >> reporter: michelle obama was in the middle of her speech when an activisted in front of the crowd started yelling the president should sign an executive order for gay rights. unfortunately tv cameras were not allowed at this private sunderers so we cannot show you -- private fundraiser so we cannot show you the exchange right few. according to reporters at that fundraiser michelle obama responded saying quote, listen to me or you can take the mic but i'm leaving. you all decide. you have one choice.

the protestor was escorted out of the fundraiser and the first lady's speech continued. the gay rights group called get equal says it was one of their activists calling for an executive order from president barack obama to bar discrimination by federal contractors. i did call the white house just a few minutes ago to find out why that part of the confrontation was left out of the official transcript last night but so far no response. live in washington kyla campbell, ktvu channel 2 news. law enforcement officials want to know why smart phone makers are not doing more to address the thefts of mobile devices. representatives of apple, samsung, google, and microsoft are expected to meet with new york attorney general. they want to know why companies haven't come up with technology that would make stolen devices useless. the ftc says 40% of robberies in major cities now involve mobile devices. the teen arrested for

killing two high school students in san jose will face a judge for the first time today. 19-year-old matthew cliff ford was arrested on saturday for the shooting death of two teens who both attended independence high school. they were both shot behind the kohls department store. where you live will determine how much you pay for health care premiums. your premiums depend on the provider network created by each insurer. they have chosen 13 insurers to compete in our state including anthem blue cross, kizer, blue shield. a popular mausoleum in oakland is offering a unique opportunity it hasn't offered in years. coming up how you can purchase

your final resting place in a spot built by famous architect julia morgan. time is 5:1. sal, we like quiet. hopefully it stays quiet ughoro the morning. >> yeah things are actually doing well. i think that we can at least for now give the commute a thumbs up if you are into that kind of stuff. thumbs up. let's take a look at what we have with 880 north and southbound. you do see that as you approach high street, the traffic is going to be a little bit congested because of road work and by the way they have made a lot of progress on that high street the new high street overcrossing there that is part of the freeway. it looks like a new area down there and they are really making progress. this is a look at westbound bay bridge the traffic approaching the toll plaza is looking very good. if you are driving on the san mateo or dumbarton bridge right now is a good time to go. no major problems to or from the peninsula. let's go to steve. sal, i'm going to give you a thumbs up on that traffic

report. >> thank you, steve. >> look at the thunderstorm activity. sunset during the day collapses but during the day it picks up. a lot of fog for us. everybody says cloudy all the reporting stations. if not they say windy and it's out of the west. little low hanging around here giving us this big cool down here. 50s on those temps. fairfield 53. that is pretty cool for this time of year. 53 san francisco. 53 santa rosa. a little warmer toward san jose. almost everybody says cloudy to mostly cloudy. it's the rip roaring howling sea breeze. it's due west or west, southwest. with that in place it's really tough to warm up. 45 tahoe. that delta breeze has made it out to sacramento. some of that thunderstorm activity will pop up there. maybe again on sunday. just so you know. a lot of low clouds and fog for

us. fog, sun, breezy to windy. not much change today. maybe a degree or two warmer. something probably i would only see or know. 50s or 60s or 70s. very low 80s. there are signs it will warm up tomorrow. a little bit. couple forecast models are still pedal to the metal on that warmup. one has packed off big time. and drops clouds in and cooler temps on sunday. >> thank you, steve. european markets i'm looking at right mow they are all down. investors disappointed in measures that j pap is taking to improve -- japan is taking to improve its economy. and they are talking about a possible change in the u.s. federal reserves policy. and what that could mean for the global economy. japan's nikkei down almost 4%. the futures do indicate right now is a drop on the opening for the dow, nasdaq, and s & p. they were down yesterday as you can see as

well. now the dow is ending streak of 21 tuesday's gain. we have been talking about that. that was an interesting thing that the dow had been up every tuesday since january 8th so that ended. they ordered apple to stop importing the iphone four. those devices violated patents held by samsung in an ongoing dispute. the products are all assembled in asia so they are considered imports. president obama has 60 days review and veto the ruling or it will go into effect. time is 5:21. coming up a car rental startup under fire. the legal battle over a new service in san francisco airport. a record breaking catch off of southern california coast. how a group of fishermen landed a 1300-pound maco shark. [ male] the new subway® $4 lunch is for everyone.

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check this out. a group of fishermen has one whale of a story to tell or to be precise a giant shark. they caught this 12-foot long 1300-pound maco shark. it took a measly 2.5 hours to reel it in. the shark is believed to be the biggest mako ever caught for a fishermen. they used lure of chopped mac

roll andground chum. san francisco is taking legal action against a new car sharing service. flight car allows passengers at sfo to represent out their cars while they're out of town. the city accuses the company of under cutting the competition and wants its to give sfo part of its profits or shut down. they shouldn't pay the rental fees because it operates off airport property and considers itself a ride shares service. there is a unique opportunity for your final resting place in oakland. this year marks 85 years for the redevelopment of the chapel. in honor of the anniversary the mausoleum is offering 162 cremation areas. that area is very popular but it has been sold out for years. >> she actually built this part of the building from 1926 to 1928. kind of has a romannesting and gothic look within the

featureof it. >> they are not cheap. some as much as $55 thoric. the property, a maze, a small rooms, fountains and sculptures. and by the way while you are still alive it's open seven days week to the public so you can just stroll the grounds. >> sounds good. let's go to sal. keeping an eye on the traffic. i guess there is a crash you are keeping an eye on? >> that is right. it's in south city. southbound 101 at south airport boulevard. report of a crash in the fast lane. not sure if anyone is injured but southbound 101 the left lane may be blocked there. it could impede your way to the san francisco international airport. we will let you know how bad this actually is. this is a look at southbound 680 past mission boulevard and fremont. let's go to steve. thank you. another big fog bank out there. temperatures with a west wind in place will be tough to warm up today. it looks like not much else has

changed today. we will have a warmer pattern on the weekend. we'll take a look at that coming up. major league baseball going after some of its biggest stars. how the players are responding to the wide-spread doping scandal. we're live in the south bay. where a school district is exploring a new antibullying tool that involves smart phones that kids use. we'll tell you why it's so important for one particular school. plus why dozens of senior citizens in vallejo were forced to evacuate their homes overnight.

welcome back to the ktvu channel 2 morning fews i'm brian flores. dave clark is off today. >> good morning, i'm pam cook. i think salmon we are wearing today. >> yes. salmon color. >> i didn't get the memo. >> i'm sorry, brian. >> sometimes we're just in sync. >> tomorrow lavender maybe. >> you're on your own for that one. we do have another big fog bank out there. temperatures will be held down today. very similar to what we had yesterday. 50s to very low 80s. here is sal. right now northbound 101 looks good approaching the 80 split with no major problems here. also if you are looking at san jose right through downtown that is a very nice drive. let's go back to the desk. happening now details about how a suspected hit and run car ended in the berkeley estuary.

tara moriarty has been following this story. she is there at the wild chase. >> reporter: it's a pretty crazy story behind all of it. first i want to point out the estuary no longer has the car in it. they were able to pull that out. over here the dive team is breaking up after discussing how to attack th l led up to this. we did get shots of the car being taken away by the tow truck and divers helped pull the man to shore. this all started in the castro district. he smashed a neighbor's door with a hammer. then he went to a gas station. he had a confrontation with a homeless man who reportedly slashed one of his tires. the man upset the gas station wouldn't do anything about it. he rammed his car through the front glass windows. the suspect crashes into a car on octavia street and with one

flat tire he escapes across the bridge. he hits a spike tack. >> he might have been suicidal but we didn't find a hammer. it might be at the bottom of the estuary. >> reporter: the suspect wasn't hurt but he was shivering and not happy about the situation. he was taken away in an ambulance for recautionary measures. police say he does have a history of mental illness. he just bought the car which explains why it has no plates. he will face multiple charges including a felony for evading an officer. tara moriarty ktvu channel 2 news. new this morning cleanup crews are on the scene at a vallejo retirement home where dozens of senior citizens were evacuated overnight where a pot on the stove activated the buildings sprinkler system. about 100 people lad to be

evacuated when the sprinklers and fire alarms went off just before 1:00 a.m.. water damage is preventing some people from returning to their homes. >> we arrived tiffined one unit on the fifth floor had a pot on e ste that activismed two sprinkler heads that were actively flowing. they caused further damage to the units below. all the way down to the first floor businesses. >> now fortunately no one was hurt. it was a different story back in 2008. three people were killed in the fire that badly damaged that same building. investigators found the building's fire alarms were not working the day that fire was started by a tenant smoking in the room. the owner of the building they were arrested on manslaughter and elder abuse charges but the charges were later dropped. the building reopened as low income housing for seniors. a federal raid ends in sacramento with fbi agents

raiding several boxes if. boxes were wheeled out of senator ron calderon's office last tight. the l.a. times reports the raid is part of larger public corruption investigation inangeles county. he is a democrat. the senate sergeant of arms says the senate is cooperating. >> i have no idea what is in the warrant. it's a warrant by the court. >> federal agents also served warrants at the latino caucus office. he is a member of the caucus. a new antibullying tool is now available add schools across the country. ktvu janine de la vega joins us now from saratoga to talk about how the school district wants to learn more about the texting service. janine. >> reporter: it's the last day of school here at saratoga high. they're in the midst of

preparing for graduation tomorrow. but in the summer the district told me that they are interested in exploring and learning more about this antibullying tool that kids can use through their cell phone. the assistant superintendent for the curriculum says they are very interested in looking at a service called tip txt. black board inc. is offering it free to every school from kindergarten to 12th grade. it lets students report about bullying confidential without them having to worry about retaliation. while the service is being offered free each school district will have to pay $125 to set up a dedicated phone line. we spoke to campus security employee who says he talks to kids about bullying all the time. here's what he had to say. >> it was a great idea. anything to stop the bullying and now with technology we have to advance what we need to do to protect our kids. >> reporter: the district says it's a challenge to get

students to open up and come forward. and in light of what happened to saratoga high student pott they need to be vigilant. she committed suicide after a sexually explicit picture of her was taken on a cell phone and shared among students. her parents said she had been bullied in the past at the school. coming up we will tell you about other tools they are targeting. janine de la vega ktvu channel 2 news. oakland police are searching for a suspect they say committed three carjackings, two kidnappings, and shot his girlfriend and father yesterday. his name is j mar cleveland. police say he is 5'9", weighs 200 pounds. he tried to carjack a car parked outside opinion he then carjacked a car driving down

the street. cleveland drove to 105th avenue and shot and wounded his father. >> we bereave this person to be armed and dangerous. >> cleveland was also caught on video going back to the same auto shop where he walked to a parked car and drove off with it. police are working with his friends and family trying to find him. bartola cologne will pitch today but under a cloud of suspicion. he is one of 20 players facing suspicions in a wide-spread doping scandal. another is milky cabrera. >> i dressed in spring

training. i will not make any further statements about it. the truth has not changed. there is all kind of things that come up during the is. we have a job to do. it's not fun, it's not easy. >> the owner of a defunked miami clinic will cooperate with major league baseball and testify he supplied performance enhancing drugs to the players. suspensions up to 100 games begin at the end of the month. the two biggest names are yankees star alex rodriguez and ryan brawn. two former a's pitchers are also implicated. one of the bay area's biggest cancer fundraising events is being canceled. this year susan g. koman three- day walk for the cure will be the last event in the bay area.

coming up what the breast cancer organization lost that forced it to cancel over half of its fundraising events over the country. it looks like there is a crash that sal is following. >> brian and pam southbound 101 in south city there at south airport boulevard. this crash is there. it's being moved to the shoulder. you could see slow traffic from it. it doesn't look like there is any injuries. if you are driving to the airport an extra five minutes would be prudent there. no major problems on the san mateo bridge. steve has mentioned it. it is overcast and foggy. that may effect flights at san francisco international airport. if you are driving in san jose northbound 280 traffic does look good getting up to highway 17. let's go to steve. thank you, sal. good morning, everybody. we do have a big fog bank out there. look at that. for those of you heading up to the sierra nevada, or are up there. they collapse at sunset today

lots of fog by the coast. fog for the bay and sunny. mild to warm. clear lake did hit 90. most locations cool down about 95% of the forecast area. i think the same will hold today. southwest fairfield 23 miles an hour. concord west. santa rosa more of a west. napa west. oakland west. you get the picture here. it's a west wind. it's a sea breeze for almost everybody. i mean all the way out to livermore. if livermore has a west wind that tells you. even out to sacramento. that is a strong signature that will be probably about the same as yesterday. this time of year a lot of low clouds and fog on the coast. and temperatures will stay i think very close to where they were yesterday. not much changed. maybe one or two degrees warmer. other than than that 50s and 60s and 70s. 71 mountain view. redwood city is 72.

which is morning fog will burn off sooner. it does look warmer friday into saturday. two forecast models say warm to hot. one is babbled big time. more rain coming theys. a levee has already breached in west missouri. flooding most of the town. many people have already left their homes. others have their belongings packed and ready to go. the river is retreating but there won't be a big drop in the water levels any time soon. coming up sabotage at a pg&e substation. the new video of shots being fired and why investigators say the attack was not random. also the new report that is shedding light to why cop

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good morning. lots of low clouds. west wind in place. very similar to what we had yesterday which means 50s and 60s coast and bay. 70s or low 80s inland. here's a quick look at the top stories. a man is dead after a police shooting at the vallejo marina. they were forced to shoot the suspect after he pointed a gun at an officer. police responded to a call of a fight. the officer is few on administrative leave.

police say the vehicle was involved in a hit and run in san francisco late last night. the suspect told investigators he deliberately drove the car into the water in a fail the attempt to elude officers. we have more information about a officer who triggered a man hunt. an internal review by the police department found that christopher dorner was justifiable fired and racism was not a factor. the full report is expected to be made public sometime this month. dorner killed four people including two police officers in february before being killed in a gun battle with police. the issue of sexual assault in the military will take center stage again today on capitol hill as the house armed services committee considers a sweeping defense policy bill. they grilled military leaders

about an alarming increase in the number of sexual assaults within the armed services. john mccain john mccain a decorated vietnam veteran says he's disgusted over the continued reports of sexual misconduct in the military. >> just last night a woman came to me and said her daughter joined in the military and could i give my unqualified support for her doing so. i could not. >> the pentagon estimates there was 26,000 cases of sexual assault in the military last year and more than half of those cases the victims are men. a decorated former navy seal has published a book about her trance formation from a man to a woman. in her book warrior princess she struggled with her identity during her 20 years in the military. but was afraid to say anything until she retired two years ago. beck says her former seal teammates have been 100% supportive.

santa clara county sheriffs deputies are asking for the public's help to find a suspect in the act of sabotage. now they have released this surveillance video of shots being fired at the south san jose substation back in april. deputies say the shooter likely knew the layout of the substation because he or she is never seen in the video. >> we want the public to keep giving us information. but it reenforces the tact we don't see the perpetrator. the person knew what they were doing. >> the gunshots damaged five transformers. at & t is offering a 250,000 reward for information leading to an arrest. including city engineers will take a strike vote next week. the workers say they took pay cuts in 2008 and have not had a raise since then. they add city revenues are on the increase but the city still wants them to pay more of their own pension and health care costs.

we're learning about a third case of hepatitis a in the bay area linked to the tainted frozen berries sold at costco. the 22-year-old santa clara county woman was hospitalized last month after eating the mixed berries. a woman from contra costa county and alameda county were also sickened. the oregon based producer has issued a recall. the san jose woman accused of planting a finger in a bowl of wendy's chili is heading back to prison. anna has pleaded no contest to charges of lying to investigators. police say she claimed two men shot herself in the ankle. it turned out he accidentally shot himself and not allowed to own a gun while on parole. she served four years behind bars for the wendy's hoax. the susan g. komen foundation is canceling half of

its major fundraisers next year. one of the events is the san francisco three-day walk. the foundation has lost financial and volunteer supports since it made a controversial decision not to fund planned parent hoard programs. this year's three-day would be will go on as scheduled along the san francisco embarcadero. 5:48 is the time. let's check in with sal. you had one crash. >> yeah. we did have one crash. it looks like it's on the shoulder but i wanted to let you know about it. for the most part though we have good looking traffic around the bay. let's take a look at the bay bridge. westbound bay bridge on to the skyway and on to southbound 101 looks good. so the entire trip across into san francisco is a nice one. speaking of san francisco, there it is. southbound 101 traffic does look good. now southbound 101 at south airport boulevard they did move an accident to the shoulder. didn't really cause any big

delays. 5:49 let's go to steve. thank you. another big fog bank out there. helped along by this little low. that is not only giving us this low but thunderstorms. 50s on the temps. i don't think these will change too much. everyone says cloudy and skies unless you are pretty far inland. with this low in place, temperatures really hard pressed to warm up. we'll see the low not going anywhere today. it might hang back. 50s and 60s and 70s unless you are so far inrabid you don't get a -- inland you don't get a sea breeze. fog, sun, wind. it will still be warmer. warm to hot. maybe not as hot as originally thought. not much changed today. temperatures 50s 60s and 70s. it will warm up friday and it

will warm up saturday. some leakage -- toyota is recalling 242 inc lexus. all effected were produced in 2009. there is a problem in the braking system. no injuries or accidents have been reported but toyota will fix the problem for free at its dealerships. chrysler refusing to recall nearly 3 million of its jeeps despite a government request. the national highway traffic safety administration says it's for grand her is are 2004 and liberties -- gristlier seas the

-- the nation's largest pizza chain will sell large single topping pizzas for $5.55. deal good for carry out pizzas only. starts today, runs through june 15th. >> sounds like lunch to me. >> pizza. time is 5:51. coming up. we know traffic is bad in the bay area, but is it getting worse? the new study that shows where we rank compared to other cities and how many hours you spend sitting in gridlock. [ male announcer ] citibank's app for ipad

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easier banking. standard at citibank. good morning. cloudy, overcast, pretty good little breeze there. in fact it's a west wind. it will be another day. very close to what we had yesterday. a proposed rewrite of the no child left behind education law includes protections for gay and lesbian students. if passed the student nondiscrimination act will threaten schools funding if they don't take steps to prevent gay and lesbian students from being bull bid or harassed. the school district revoked the school's charter back in march. they say founder ben davis personally profited from $3.8 million in public funding that was funneled to his private business interests.

leaders say they have taken every action to distance themselves from the founder. a ruling could come as early as tomorrow. a milpitas couple's worst nightmare came to light after their three-year-old child was killed in a high speed crash. it happened yesterday afternoon. relatives told police that the family was headed to a water park in fremont when the father lost control, hit a curb, and slammed into a tree. the rear part of the car actually flew about 20 yards with the young child strapped into a safety seat. fully went inside the -- >> i went inside the car. and i saw the wife was breathing heavily. and then maybe after 20 seconds probably said where is my son? >> the couple suffered serious injuries. police are trying to figure out what caused the accident. but witnesses say the father was going upwards of 100 miles an hour in a 35 miles an hour zone.

traffic congestion getting increasingly worse especially in the south bay and san francisco. new study says congestion went up 25% in the san jose area last year. the driver spending 31 hours sitting in traffic. congestion was 22%. the average san francisco driver wasted 49 hours in traffic last year. that is actually down 7% from 2011. sometimes it feels like you are sitting in traffic for 30 hours in one day. [ laughter ] >> right. >> it has been kind of rough. but i think in the summertime we get a little bit of a break. >> we do. school gets out. yeah. the traffic is not bad right now for people who get up early have a great. northbound or northbound on 880 looks pretty good. southbound 680 on the sunol grade looks good.

now let's go back to the desk. coming up next in our 6:00 hour. some big news out of silicon valley. the reason apple is planning to hire thousands of new employees and what it has to do with that interesting building. plus a pair of power out annals leaves hundred -- outages leaves hundreds of residents in the dark. why thieves my be to blame. lots of low clouds. a west wind. so temperatures staying the same or warming up a little bit? forecast in two minutes. 0!ockñ?çóxo?ñ=çñññçvxqx?ñññ?óioy

i just got off the phone with vallejo police and have more information regarding the officer involved shooting. hundreds in the dark on both sides of the bay after a pair of power outages. the valuable items thieves targeted. some students used their smart phone to bully other kids but one south bay school district is looking into a new service that would help kids use their smart phones for good. plus apple getting ready to hire tho