capsized. now take a look at some of the pictures that were shot by news chopper 2 earlier this afternoon. two people were spotted we're told clinging to the hull of an overturned recreational fishing boat. they were recovered by a coast guard live boat and taken to bow day ga bay. at this hour we don't know their status but earlier we were told that cpr was performed on the two of them and that none of them were wearing life preservers. the coast guard says a third person was spotted in shallow water but as of earlier this afternoon, they were unable to reach him or her because of the surf which got as high as 6 feet today. the status of the fourth person is unknown. personnel from the marin county fire department and national park service combed the shore in search of victims as boat debris drifted on the water and up to the shore. >> don't know the size of the vessel. we actually have about a mile of debris on the beach out

between the lagoon and north beach. that's also a separate concern for us now because it's habitat for the -- [ indiscernible ] -- this is a threatened bird that is nesting this time of year. >> reporter: they're unsure how the extent happened because the region in which the boat came apart is all sandy and searchers are also concerned about fog rolling in this evening and how that might impede their search for the other two apparent victims of this boat accident. we'll bring you more details throughout the evening as we have them. for now reporting live, david stevenson, ktvu channel 2 news. the contractor involved in that work site accident in san francisco is facing some heavy fines tonight. building officials have shut down the work site where a deck collapsed yesterday afternoon and sent a worker into a trench where he became trapped for several hours. now, officials with the city's building department tell us if the contractor had the proper permit, the accident could have

been avoided. >> everything from keeping you active to a gym in -- you know, in the building itself. there's also a spa. there's obviously lots of trails and the big amenity would be the presidio itself. >> that was the wrong sound for that story relating to the accident yesterday in san francisco. cal osha is also looking into that accident. building inspectors tell us the company brian mcnamara construction had no record of violations. do the oakland police -- today the oakland police department is operating with 80 fewer plimples. they were all laid off -- fewer police officers. they were all laid off because of budget problems. rob roth is live with our report. >> reporter: frank, police officials say with the department now down by 80 officers beginning today, nonemergency calls are getting

lower priority. patrol cars still rolled through the streets of oakland today but for officers this is a difficult day. >> you know, a lot of long faces. there's no one smiling. >> reporter: here at the acorn housing project in west oakland, they weren't smiling either. this neighbor has been plagued by gunfire and killing, including a shooting last month that left a teenage girl dead and five others injured. some folks say it's been hard enough here even before the layoffs. >> as dangerous as these streets are now with people carrying gun, shootings, we need more police officers, not less. and the streets are going to get worse. >> reporter: next door a child development center for low income children. people worry who a scaled-back police force will mean. >> when violence erupts so spontaneously, we really need to have a presence. and how can we have a presence throughout this city if 80 officers go away? >> reporter: others in the neighborhood say they're unbotherred by the cuts.

they say police have been powerless to prevent violence here anyway. >> they come around when incidents happen but once they die down or feel like it's no more immediate threat, they're nowhere to be found. >> reporter: to compensate for the laid off cop, the department has pulled many officers from community policing beats including the monitoring of parole violator, victims of nonlife threatening crimes such as burglary and theft are now expected to report their problems online. >> [ indiscernible ] you lose a lot of information. so we actually lose our overall crime fighting strategy. >> it is going to be affected but we're going to try to work it the best we can to make it work. we don't know until we see the future. >> reporter: many city leaders say the big push now is to place measures on the november ballot that would raise money to help hire more officers. reporting live in oakland, rob roth, ktvu channel 2 news. we are just getting word

tonight that johannes mehserle's sentencing has been postponed three months. the former bart cop is now scheduled to be sentenced on his involuntary manslaughter conviction on november 5 instead of next month. meanwhile police are being accused of excessive force on the night the verdict was announced. some claim law enforcement overreacted when responding to protests downtown. ktvu's preya clemens joins us with more on the accusations and the response. >> reporter: we're at 14th and broadway busy with traffic right now but you'll remember just a week ago, this whole area was shut down for those protests. dozens were arrested in this area as well and today several of them came together to denounce police action last week as in their words violent and outrageous. >> grabbed me and threw me down, bent my arms behind me. i have an old broken shoulder

and it was excruise yatingly painful -- excruciatingly painful. >> reporter: this school principal said she was arrested even though she was just trying to walk over people sitting in the street playing chess. others shared their anger over law enforcement including walter riley you see being arrested in this video. oakland police listened to the allegations. a spokeswoman says the department has only received one formal complaint of police misconduct from the evening. >> we had police officers standing on the lines for hours taking rock, taking bottle, taking paint, being spit on and called names. and i think that we all saw that they practiced great restraint. >> reporter: they confirmed oak ltd police are -- oakland police are investigating the actions of two city council members. both part of the human chain that blocked police from moving up broadway. >> although they may have been out there for good purposes,

you know, but the perception from a lot of my officers was they were interfering. they were making things worse. they were holding them back if actually doing their jobs. >> the reality is that i and hundreds of others people stood up to both -- [ indiscernible ] i think that's what was needed that night. >> reporter: coming up, you'll also hear from council member catlin about her role. but see for yourself what they d. their actions were caught on tame. we'll have all that coming up in our 6:00 newscast. san jose police are searching for four men suspected of a frightening home invasion robbery early this morning. it happened shortly before 5:30 on meridian avenue near blossom hill road. police say there were three people inside the home at the time. a man and two women. they told investigators four people entered their home while

they were sleeping and robbed them at gun point. officers say residents should take note of the crime and take extra precautions to secure their homes. >> when you go to sleep, close your blinds so people can't look inside. if they see high value items, tvs, maybe other items that are appealing to you, then they're going to target you. >> one ever the victims suffered minor injuries during the robbery. right now police are not releasing any more information on the suspects. sheriff's deputies in sonomo county are investigating the death of a person whose body was found in a car as a homicide. the discovery was made early this morning in an incorporated area west of hillsburg. the location is near the intersection of mill creek road and ladder road. there aren't very many details tonight but investigators say that vehicle containing the body was burned. the san francisco board of supervisors took a key step very early this morning involving that huge redevelopment project at the hunters point naval shipyard. in an 8-3 vote they accepted

the environmental impact report for that project. lenore corporation has proposed building more than 10,000 homes on the site, nearly a third of them for low income residents. some people who live nearby asked the supervisors to reject the e.i.r. on the project until the cleanup of ground contamination is complete. but supporters say that project will boost the city's economy and bring thousands of jobs to the hunters point area. several government workers in the bay area are the target of a federal probe tonight dealing with the misuse of government issued debit cards. 21 members of the federal protective services san francisco office are being investigated. they're accused of purchasing dinners, video games and even trips and other personal items with taxpayers' money. government officials say they started issuing those cards to avoid paperwork and ultimately save money, but they are still working out the kinks in the system. >> the system is getting

better. the government has incorporated more technology into the system which has helped identify the people that are abusing their cards, but we still have a system where there's a lot of money being spent. >> now, we're told government debit card purchases may top $30 billion this year, but officials say they are saving about $1 billion with this new system. a report out today shows the nation's housing market is still soft. it comes from the real estate tracking form trulia and indicates nearly a fourth of the homes listed in june had at least one price reduction. in san francisco 25% of the listed homes with an average drop of 8% in oakland, 18% cut prices an average of 10%, and in san jose 16% reduced their prices cutting them 8%. santa clara based intel is putting the pressure on other companies following its biggest earnings report in a decade. it report add 34% offin its second quarter sales compared

to last year. analysts are now keeping a close eye on other companies to determine whether the tech sector is gaining momentum. they should have a clearer picture once companies like i.b.m. and microsoft release their quarterly results next week. most stocks were up today but only slightly following a week of an expected economic forecast from the federal reserve. >> wall street has been on a solid upward streak but the feds report today appeared to be a reminder to investors that there's still a long road to economic recovery. most major markets only made single-digit gains. for more financial and consumer news, go to ktvu.com and click on the business tab. matt garcia, the fairfield city councilman who was gunned down in a case of mistaken identity would have turned 24 years old today and his family marked the occasion by taking legal action. who they're suing in a moment. the key vote today about

the fate of the diabetes drug avantd ya. find out -- drug avandia. find out what happened next. it was warmer today. temperatures on the increase. i'm have the details.

former vice president dick cheney revealed he underwent surgery last week to help him deal with congestive heart failure. doctors installed a small pump to help cheney's heart. the 69 yearltd career politician has had five heart tacks since he was 30 years -- heart attacks since he was 30 years old. the pump will help him resume an active life. the family of slain vallejo city councilman filed a lawsuit today. the institute target as third person nicole stewart who admitted being the getaway driver that night. the family is asking for $16

million. a federal panel of health experts voted today to keep a controversial diabetes pill on the market. now, this despite studies showing that the drug raises the risk of a heart attack. now the decision today comes after two days of heated and oftentimes heartfelt testimony. >> in making this plea to keep avandia on the market, i believe that i am pleading for my life. >> reporter: charles today bepged the fda panel -- begged the fda panel not to ban the drug avandia and they listened. they voted 20-12 to recommend the drug stay on the market. avandia had been the top selling diabetes drug in the world but sales plummeted several years ago after researchers found avandia increased the risk of heart attack for diabetes patients by 43%. >> to fill my role as a physician, i need to know the extent of the risk of the medications i prescribe. to do that we trust the fda is fulfilling its duty to ensure pharmaceuticals are both safe and effective. >> reporter: the same medical

advisory committee grappled with the avandia question three years ago and voted to keep it on the market but with stronger warning labels. >> what if we take avandia off the market and then found out that actose is just as bad or even worse? >> reporter: but patient charles was passionate in his defense of avandia saying for many diabetic there is is no alternative good for those people, a negative position on avandia may be a death sentence. >> reporter: in san francisco the director of the diabetes center at st. luke's hospital does not prescribe avandia for his patients saying the drug was approved ten years ago without adequate research. >> i'm probably disappointed a little bit both with the fda, the company gsk which didn't do the right studies and we like to have the right type of research being done. >> reporter: the panel's decision is an advisory vote. the fda will make the final decision but usually follows the advice of medical experts. meanwhile a company in the east

bay has developed a promising new test for diabetes. and our health and science editor john fowler will have that story coming up a little bit later at 5:45. workers for the sonomo county water agency say they have fixed a cracked pipe. the eight-inch seal pipe is located under the creek where madrone road crosses it. workers fitted a metal sleeve around the pipe to stop the leak. then poured concrete over t. an old concrete cover had apparently eroded and debris in the creek hit the pipe causing a 3 to 4-inch crack. the water agency says it is testing the water to make sure that it is safe. u.s. marines and forest service personnel tonight are battling a wildfire at camp pendleton. authorities say a training exercise on the marine base touched off that fire yesterday. it burned 3,000 acres but is 80% contained tonight. the flames have not approached any structures and no one has been hurt.

a brushfire that threatened homes yesterday near ventura county is also 80% contained tonight. although the flames there came within a few feet of some homes, no structures were bued. firefighters credit homeowners for clearing brush and creating a defensible space that spared those houses. a preliminary investigation indicates that fire started in a homeless encampment. let's talk about our weather now. it seems to be the hottest day of the week. wouldn't you say? >> absolutely, frank. i think most of us felt that wairks especially inland. even along the coast. the fog has kind of gone away as it did yesterday afternoon. there's less fog coastside right now. the heat is coming out of the southwest. it's hot towards bakersfield and porterville. i'll show you what i'm doing here. there's some heat bakersfield, fresno. the high is building out of the desert southwest. as it builds in, this heat is going to begin to spread towards the north. of course north would be us. right now in sacramento it's 94 degrees but all this dark red

is going to start to filter into the inland bay valleys. ahopping the coast it's going to -- along the coast it's going to stay cool but we're going to see very warm to hot temperatures in the valley. one of the reasons for that is see the fog? right along the coast to san francisco's ocean beach, a lot of friends out there, beautiful area. you see the golden gate park right here. you can see the clip house here. you know what's missing? the fog. it's july and, yeah, i expect fog out towards lands end. that's lands end just to the north of your screen. the golf course is out there. there's no fog. without the fog temperatures will stay mild. a warming trend, it's not going to abmajor, major heat wave for the bay area. as the heat comes out of the south and west, it will filter into sacramento, fairfield, antioch, brentwood, livermore. our inland bay valleys are going to be the spots doing the upper 90s. that will be probably on -- we could see mid-90s by tomorrow. upper 90s by friday and saturday. maybe 100, too. looks like the 100s will be staying in the valley.

coastal sections stay relatively cool. that's the warming trend we've been talking about. it's subtle and slow each day. it will ramp up tomorrow. we'll get in the low 90s some places and warmer as we go into the weekend. we'll watch it closely now. it will stay cool coastside. back here in a couple of minutes. the c.e.o. of a san francisco-based wind company was on capitol hill today to lobby for passage of the energy bill. mike garland of pattern energy and other wind power advocates asked senators to take action on the energy bill. so far the senate has no hearings or debates scheduled for that measure but garland says the legislation could provide new jobs in the energy industry. >> if the bill passes we will continue to add jobs in the bay area. we also are proposing to start construction on a project in contra costa next year which would potentially create jobs. >> reporter: patpattern energy

group has three wind turbine sites in the united states including one ins that take -- one in shasta county. the california nurses association has some questions for gubernatorial candidate meg whitman. find out what it wants e-bay to hand over. what do california voters think about their u.s. lawmakers? an exclusive new ktvu field poll will tell us the story next. ñ

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