at the dominican university. >> reporter: three weeks from election day, but factor in the most people are voting by mail, some people are voting now. withman is proposing eliminating the capital. >> how much money will you save if this tax breaks were in effect this year or last year? >> so? you know what i'm an investor and investors will benefit from this but so will job creators and i was a job key kwraeu creator. >> reporter: the most surprising question -- >> i don't agree with that comparison. and this was a private conversation. >> that is a deeply offensive term to women. >> can i just interject. have you fired your employer who called [ bleep ] >> you know it's a different situation. >> reporter: brown accused whitman of treating mexicans like [ bleep ] >> he works them, then sends them back. i don't think that's right. >> reporter: brown has opened up about a five to seven point lead. randy shandobil. one person was arrested outside tonight's debate. she was upset that she couldn't share the stage, her story. and we'll share who won the debate coming up at a picket line went out outside the children's hospital by nurses. about 800 nurses walked off the job to protest a contract dispute. the nurses union said it could cost members about $4,000 a year. the hospital claims it's cost has gone up. the obama administration lifted a moratorium on deep water drilling. a federal report said eight to 12,000 jobs were lost during the moratorium. the white house says new rules have now been adopted to reduce the risk of another catastrophic accident. the first of 33 trapped miners were pulled to the surface after spending 69 days deep within the earth. his name is florencio avalos. his family and president of chile were on hand. healther holmes watched along with a group of athletes who had a personal stake in that rescue mission. and heather is live with the report. >> reporter: there was cheer jubilation at the blow clouder. we were with a group of bay area swimmers. last month they swam to try to raise money for the miners and tonight they watched the dramatic rescue. >> reporter: waving small chilean flags the group erupted into cheers when the first miners, 31-year-old florencio avalo surfaced. >> i don't have words. i feel like i'm in shock to see this. it's like a miracle. >> reporter: pedro ordeno became emotional to see his home country accomplish something the world didn't think they would. his great grandfather died buried in a copper mine months before she was born. never before has anyone been trapped understood ground this long. 69 days and survivorred. chilean officials began the final stage of this rescue operation two hours ago. the narrow escape capsule with a rescuer inside was lowered down a nearly half mile tunnel beneath the chilean desert. one by one, the 33 miners will be brought to fresh air and freedom. >> i think it's a lesson in humanity. i am just astonished how well they have treated each other and in the face of real hardship. >> reporter: diane craig was one of the swimmers. like ordonez her grandfather too was a miner. her heart immediately went out for the families who have been holding vigil outside of the mine. >> it's mind boggling to me that people with go down there and live that life. >> reporter: now within the past hour, a second chilean miner as been rescued and the excitement not only being felt there in julie, but also by strangers here in the bay area. reporting live tonight in san francisco, i'm heather holmes. san leantro police today released the men of two young men who were shot and killed inside a golf course clubhouse. they have identified as 19-year- old marious harelso income. police have not released the names of two other people shot there. the party promoter has told investigators he will not promote any more parties. 29-year-old jamal terrell thornton had agreed to meet in a parking lot of armillo high school last night to settle a score. after the fight broke out police say someone shot and killed thornton. police say the incident had nothing at all to do with the school. pg & e announced plans to announce the shut off of a pipeline in heavily populated areas. when the san bruno pipeline exploded last month it took almost two hours for pg & e to reach its manual valve. pg & e says it plans to install remote and shut off valves along an estimated pipeline in what it calls high consequence areas. >> so our initial estimate that we would upgrade or replace several hundred valves in those areas. remote and automatic shut off valves shorten the time it takes to turn off a valve in the event of an energy. the san bruno victims received a big infusion of cash. ken wayne is now in san bruno with that and other developments. >> reporter: julie the san bruno city council wrapped up their immediating about 20 minutes ago. and the council voted to fast track the voting process so that victims of the san bruno fire can begin rebuilding in as little as two months. most of the signs of explosion and fire are gone. clean up grews have finished clean up of the area. normally it would take as long as six months and up to $14,000 to complete the permit process to build the new home in san bruno. to be the the city council voted to fast track that process and wave the permit fees for fire victims. that could cost san bruno half a million dollars in revenue. >> this whole ticket is pretty much on san bruno right now and we're hoping for some fema assistance last thursday. also tonight, representatives from the san francisco giants presented checks toeing almost $100,000 for the san bruno victims funds. >> we've obviously all been touch bid the tragic events experienced by the residents of san bruno. please know that the victims, the survivors, the emergency responders are all here to support you while you heal and rebuild. >> reporter: another woman gave $350. some fire survivors say they're not sure they want to rebuild. especially if the pg & e line remains in their neighborhood. >> i don't think we could rebuild unless we know that's gone. would you come back rebuild next to a bomb. that's literally what it is. >> reporter: in additional to the giants donation. the fund now stands at $250,000. a red flag warning tonight for parts of the bay area, when i come back i will tell you which areas the winds are blowing the strongest. >> two weeks until october and the hills are still tender dry. coming up, the red flag fire warning continues to fly. an injunction today stopped the military's don't ask don't tell policy a federal judge issued an injunction asking the government to stop don't ask don't tell. the federal government is now reviewing the order and has 60 days to appeal. >> so there's a photograph of me in the persian gulf. >> reporter: dunning served during the clinton administration when the don't ask don't tell policy took place. >> it's very stressful to know that you can lose your job any day. not because of your performance, but of who you are. >> reporter: today's ruling is a major victory. the injunction by ninth circuit judge virginia phillips stops don't ask don't tell. post448 saluted the ruling. the group is the only gay and lesbian post. >> you go in there and do a good job and serve your country. it just so happens that you become gay or realize that you're gay you won't be thrown out. >> this is a way to actually verify that we are first class. we deserve this. >> reporter: gay rights activists say so far more than 14,000 service members have been kicked out of the military because of don't ask don't tell. they say if the injunction stand, many of those might reinlist. >> we are in two wars right now, we need all the able- bodied folks we can get. i think it's a national security issue to be releasing the eligible members. >> president obama had saeuz he -- has said that he does not support the don't ask don't tell policy. the two major candidates for senate, fiorina and boxer agree on their opposition to don't ask don't tell. fiorina's campaign says she agrees with the judges ruling and barbara boxer has been a long time critic. again at the justice department decides to appeal, the case would go to the ninth circuit court of appeals in san francisco. the feds may take new steps to stimulate the economy. the dow gained 10 points, the tech heavy nasdaq picked up 15. analysts say one reason is how well the i pad is selling, another reason reports that a version of the popular iphone may be available next year on the verizon network. apple traded for about $7 a share back in 2003 after the dot come bust. today it closed at $298.54 a share. the j & p mortgage company says it will review every one of its foreclosures in the country but has on stopped evicting homeowners in the 23 states that require judges to sign foreclosures. fire agencies are on high alert and parts of the bay area remain under a regular familiar warning tonight as temperatures hover near the 90 degrees mark again today. bill martin is monitoring the latest condition. but first let's check in now with lloyd lacuesta. he's in the south bay. >> reporter: as you can see, this is tender dry and should it burn and the winds pick up, flames would spread rapidly. >> the wind is blowing right now. these are the conditions they worry about. hot, dry, the winds pick up. >> it is worrisome. >> terry coon and paul daven have lived in the area all their life. they know october is when some of the most damages wildfires occur in california. this is our peak time and the this is when we food to not let our guards down. they are actually have more more brush fires statewide this year than the previous year. 4,000 fires with 28,000 acres blackened. but while there are fewer fires last year, the devastation was far greater at more than 80,000 acres burned. >> we haven't had the hot dry days, we've been able to get resources on the fires in very short period of time and we've been able to keep the fires very small. temperatures were in the 90s in san jose today. for people who don't live in the hills, the challenge was keeping cool. >> we wanted to be cold. my daughter was like, it's too hot. we'll it's just one of those things i guess. >> it's a little odd that this time of year that we're having this much heat. so it's a little concerning but nice weather. the red flag warning is due to expire tomorrow. luckily so far there have been no major fires. a combination of high air -- the district urges commuters to travel by bike, public transit or car pool. if possible state home and telecommute tomorrow. -- if possible stay home. that red flag warning stays in effect tonight. i just checked the wind gust. i have wind gust going up to 25 to 30 miles per hour. the humidities are coming down. winds should pick up tonight a little more. so maybe 30, 35 miles per hour in some of the heaviest windiest conditions. that's why the red flag warning is up. 92degrees in fairfield today. 90 in concord. highs tomorrow will be about the same or slightly cooler. the fog is working it's way up the coast but it's not here yesterday. overnight lows are going to be mild. some low 60s and daytime highs tomorrow, look for the reds. those are the 90s. when i come back i'm going to show you which cities are going to be the hottest. we'll take a look at the five day forecast with the cool down included. a jury is deciding how much caltrans should pay for a landslide. it killed 14 people until seven years ago. last week a jury said caltrans was responsible. run off from the highway contributed to the slide. the church has paid $13 million to the victim's families and the church wants to be reimbursed for that. they gathered by the hundreds, where this group is calling on oakland city leaders to do and vowing to do themselves. the debates are over and now the fun beginning. who will critics of uc berkeley offer ár went to law school tonight to protest the legal advise he gave that the protesters say gave the okay for torture during the bush administration. the bush world can't wait projected clips on to an outside wall. those clips are of yu explaining the torture memos. yu has said his legal writing never authorized torture. hundreds of members of oakland faith base community went to city hall to say they are mobilized. the coalition of groups was led by the acts full gospel church. they demanded the council do more to make oakland streets safer. >> well today we were having a rally in support of our city and of our police officers. we don't want to see any police officer lost. we want to see more added and we want to see safe streets and we ant the city of oakland to be the great city it can be. can dates for public office are actively courting the freebased. four families were driven out of their home by a predawn fire and they're staying in a hotel tonight. the flames destroyed or damaged seven apartments at the park view complex. the red cross says 25 people including ten children were displayed. however some were able to move into empty units. investigators are still trying to figure out what caused the fire. in san jose, officials are trying to figure out what caused a crash. ically ford barns was killed after losing control of his motorcycle around 4:30 this morning -- clifford brown -- clifford barns was killed. alana williams was in the crosswalk when she was hit and killed. the new traffic light should help other children. >> i think it'll make a difference, i don't know how big of a difference it'll make. i'm hoping it'll make a big difference. >> oakland officials credited the family and ohs -- others for getting that light installed. the hayward city count cy voted unanimously tonight to ban the use of plastic foam food con tapers. the ordnance requires anyone selling prepared foods to containers that can be recycled on compacted. the hayward ban is said to take ifect on jewel tonight's gubernatorial debate in marin county included meg whitman and jerry brown. a third party was not able to take place and was escorted out. >> reporter: the election is 21 days away, undecided voters are across the state. meg whitman knows it, jerry brown knows it. and tonight with the light shining on the debate -- >> it was the most spirited with respect to the exchanges. >> reporter: the majority of those we spoke to said if there is a winner, jerry brown was it. but not everyone agreed. >> i think meg whitman made a strong point that we have to start using technology. >> when the independent parties are not at the table, california is not at the table. >> reporter: this is laura wells, wells says she was not allowed to share the stage , she and her supporters. founded back in 1890 this independent university has 2,200 students. >> a lot of people, myself included are torn and are going into tonight looking for direction in one way or the other. >> reporter: close to 20% of californians are undecided, and after tonight that number could be lower. >> it did give perspective on who i want to vote for. >> reporter: one lady told me even after today's debate she is still undecided. that she's going to go home and think about it and head to the polls in 21 days. the shuttered agnus state hospital could become home to three schools. santa clara measure eight would provide bond money to buy land and build an elementary, middle and high school. santa clara school officials say the new schools are needed because 3,000 new homes are planned for san jose. a proposal that would benefit state parks throughout california is on the ballot next month. it's proposition 21 and it would add $18 to the cost of registering a private vehicle with the idea of providing more money for parks. if voters pass prop 21 it could end entrance or parking fees at almost every state park and beach. supporters say help is badly needed but opponents say prop 21 is the wrong way to go. >> parks are very important, but we think they should be budgeted as part of the state budget from says and not have a specific tax dedicated just toward that expenditure. >> for the past three decades it has been dramatically under funded. allowing a huge asset for the state of california to go into decay. proposition 21 says it would raise about a half billion dollars each year for parks and beaches. as election day draws closer you can get the latest political news at ktvu.com. just look for the dedicated tab just on the front page. now that the san francisco giants are in the major league series, as ktvu rob roth reports, some folks are asking a lot more than most people are willing to pay -- ktvu's rob roth. after a stomach churning victory, the san francisco giants returned from atlanta at about 3:30 this morning. the players get a break before their start against the philadelphia phillies. the series is sold out. >> the championship series demand is about what the world series demand was eight years ago. i think it's the team's personality and the community is ready for a winner. >> reporter: to get tickets many fans will be turns to online ticket agencies including stub hub. >> as soon as they made it to the nlcs, we saw demands boost so much. >> i'm sitting in section 140, in center field beachers. online someone is selling two tickets here for $9,999. from here i think i can see home plate, sort of. that's the extreme price. the average price is $250 per ticket. this family is not thinking about going to any games but they came to the giant's stub hub store to stock up. >> we dropped some cash. >> reporter: as if it isn't already tough enough or expensive enough to get tickets to the championship series. they may seeming in to get to the next step, the world series. >> rob roth, ktvu news. the first game of the nlcs is in philadelphia on saturday at 4:30 pacific time. the first game in san francisco is next tuesday. the entire series is broadcast on ktvu. a man dresses up like a woman and then goes into the woman's locker room and using a cell phone to take pictures of female students undressing. the man is described as short, thin with dark hair. this have been two reported incidents so far. no one has been physically injured. a southern california rock band blocked part of a freeway this morning in what apparently was a publicity stunt. a truck covered with the band's logo stopped near sunset boulevard. the three members of the band imperial stars then climbed on to the top of the truck and played until they were aáersed. the truck was eventually towed away. and another hot one tomorrow, i'll show you which cities will be the hottest. and more smiles ú sweet n' sour filled twizzlers. the twist you can't resist. developing news tonight, authorities in pleasant hill are warning residents there about a mountain lion on the lose. it all started in elderwood drive. people phoned police about the mountain lion and responding officers later spotted the animal. police say the mountain lion was not aggressive and was last seen moving out in the open fields in the area. animal control officers have now joined police to search for that mountain lion. we have more amazing video from the rescue in chile. a short time ago a third miner was brought to the surface. so far the operation has gone smoothly. and the miners appear to be in good shape and of course overjoyed. the final miner will be the shift foreman who is credited with helping the men survive their long ordeal. 69 days. in news of the world tonight, in afghanistan, a cargo train crashed. all eight crew members on board are feared dead. afghan and nato crews searched the mountains for any possible survivors. so far there is no indication of what caused it to go down. in hungry the investigation of the toxic sludge disaster indicates the spill may have started months ago. an aerial photograph shows a leak in a container wall. inspectors checked the facility about two weeks before the spill and reported no problems. so far eight people have been killed by that sludge. in france, more than a million people took part in a nationwide strike today. they are against raising the retirement age. some labor unions say they will call open ended strikes that may last for days if not weeks. president obama played his role as campaigner in chief today at a get out the vote campaign in washington, d.c. the president challenged students in george washington university to cast their ballot on november 2nd. >> the only way this is going to work is if hope is over fear and you guys manifest that campaign. ten years ago today, 17 u.s. navy sailors died in a terrorist attack on the u.s.s. cole. ceremonies today mark the anniversary. al-qaida suicide bombers used a small boat filled with explosives to ram the cole while the destroyer was docked in yemen. last week eight survivors announced they are filing a lawsuit against sudan saying sudenese support helped in the attack. how about a water taxi? oakland firefighters are mopping up a one alarm fire at this hour near the emeryville city line. these pictures are just into the ktvu newsroom. the first fire was reported at a single family home. firefighters say no one was injured and they still have not determined the cost. a decision in san francis san francisco clears the way for a new water taxi plan that will help commuters zip their way to their destination. >> reporter: this water taxi is the first in the area and is expected to be up and running in 60 days. it's a different mode of transportation for commuters and visitors. >> reporter: there was no shortage of people outside wants to spend time on the water way and the bay. >> when you call, we come. >> reporter: john stanel runs the dock service for tourists. this afternoon he won approval for the san francisco port commission to operate the new water taxi service. >> the commission unanimously approved a five year agreement in which scammel will pay the city 5% of his earnings. passengers would board the water taxi. stannel says he will even eventually use boats like these. he will also provide taxis in the bay. a one way fair will cost about $18. >> so i would do it in an emergency of course. absolutely. often i'm getting on a ferry and can't get a seat. >> i don't have a need to get around the bay area that i wouldn't use my car for. >> reporter: the water taxis will bring passengers down the peninsula to sfo. amber lee, ktvu channel 2 news. google today announced plans for what could be a major investment in green energy at a washington, d.c. press conference, stretching from new jersey to virginia. google called a superhighway for clean energy. google says it is investing tens of millions of the dollars in the project and that construction is expected to begin in 2013. intel today reported third quarter profits were up 60% compare to last year and that beat analyst projections. conservationists and fish and game officials are trying to figure out what's killing sea gulls among a small section of fran ciscoe's waterfront. the number of bird deaths has risen near pier 54. it's been reclaimed and restored an experts say it's now an important spot for birds. >> places like pier 94 are so important. because as the bird population continues to decline, they need places like pier 94 where they can breed and roost and rest si variety of causes of death. some of the bird's feathers are oiled by animal grease. the birds might be getting into an animal renders plant or the fat may be getting into the water. we know it's going to be warm tomorrow based on how warm it's outside right now. we go to rain tracker 2. san jose downtown 74 degrees. it's 72 degrees in mountain view and it's about 73 degrees at the airport in san francisco. then downtown san francisco is about 70-degree. these are the highs from today. it was a warm one. it's going to be about the same tomorrow. maybe a little warmer in some places. the high pressure maxes out today and tomorrow. today will be the hottest day, tomorrow is going to be pretty close and cooler as we head into thursday, friday and saturday. along the beach i think you get one more day, at least most of the day without fog. i think there'll be fog back at the coast tomorrow afternoon. sunny and warm for your wednesday, fog shows up late in the day. temperatures mostly in the 70s. maybe some upper 70s. so a nice day tomorrow, beach side high pressure stays with us. as it weakens tomorrow night, thursday, friday the fog just fills right back in. fire danger goes down. air quality gets better and temperatures drop off as well. so it's all good. just a heat wave will be ending as we move into tomorrow night. i expect to see the fog at the coast. certainly by 3:00, 4:00 in the afternoon. but another warm one tomorrow. there is a spare the air day. a heat advisory for san francisco. as you get in closer, you will find 90 in nevado. 92 in pleasantton, 93 in danville. i think the inland areas a degree or two warmer. the coastal areas a few degrees cooler. 92 in morgan hill tomorrow. air quality in this santa clara mown day. that's where it's not going to be very good. santa clara, livermore valley. when they announced the spare the air day they looked at these two valleys. because of the configuration and topography , there you go, it's fall and it feels like it. >> it's been so warm i've been waiting to break out the sweater and boots. >> let's not go that far. >> it's fall. thursday, trucks will fan out in southern antioch to try to wipe out mosquitoes that carry the west nile virus. the contra costa vector control will fog hill crest avenue and deer valley road to the east and burwoodway and brook side to the south. to the south. well co so, we book a flight to hawaii using our points from chase sapphire. last minute... on christmas. and sitting next to us, chevy chase. and we really hit it off. we play golf, and then the luau. he's like da vinci with ice. and after, we help hang christmas decorations. wait, wait, wait. you flew last minute... on christmas... with points from chase sapphire? yeah. amazing. believe it. with points from chase sapphire, you can book airline tickets with no blackout dates or restrictions. public school teachers aides rallied in san francisco today to draw attention to what they say is a problem with their pensions. their unions say the school district has violated policy for years. enjoy it while it lasts. >> they will certainly be the underdog no doubt about that. you could say who does get fed to the new york yankees. no one figured texas would uptake tampa. your conclusion should not be foregone. alert and spirited texas, their first ever postseason series victory while tampa sleeps at the wheel. josh hamilton right side. elvis anders take another look at it. he's around third while tampa takes the ball to third base. very alert and in with the game's first run. here's another blunder by tampa. kelly shopeck their catcher throwing the ball into left field as nelson cruz tries to steal third and he's in on the error and they score their first three runs without benefit of a hit. nothing cheap there, two run rocket off the bat of ian kinsler. put it away. meanwhile cliff lee two wins against tampa in this series. 21 strike outs, no walks, in his career he's won six straight play off games, a complete game six hitter in this one and it is a former giant benjie molina as his catcher, here's former a's coach ron washington talking it up afterward. >> just lost for words because those guys in that clubhouse were so resilient. we needed cliff lee to do what he did, and he certainly did. every part of the game that you can think of we did. we ran the base, we pitched, we played defense and at the end we showed some power. >> benjie molina has landed on his feet to say the least. meanwhile some time to breathe. the players themselves some time to exhale after four straight one run game against the braves. seems like forever ago that tim lincicum's exploding stuff put the braves down in game one of the series with atlanta. 14 strike outs, only two hits allowed. but i will tell you what no one is in philly has forgotten it. particularly their manager charlie manuel. >> you call him a freak. e don't know if she's a freak or not. his style is different. you hear people a talk about his mechanic. seems he does everything a pitcher is supposed to do and he's special. >> entire series you will see right here on channel 2. i think it's safe to say the warriors have a few kinks to work out before the series starts. they get worked in an exhibition game. evans many thought he was not the rookie of the year last year. tyreke was 17 tonight. ellis up and under. and he has 17 points himself after the steal. but the kings 116-97 over golden state. back to baseball quickly. didn't take long for the braves to replace the honorable bobby cox. it's former marlins manager freddy gonzalez taking over next season. he had been actually much of his career as a coach with the braves. that's the sporting life for a tuesday night. >> all right, mark. thanks very much. and be sure to join