former mayor comes out against bart's expansion in the south.

bay. good afternoon. i'm audrey asistio. welcome to nbc bay area news at 4:30. our robert honda is talking to the former mayor of san jose. he's going to be joining us with the latest on bart. we're also tracking other stories on this wednesday, including a possible change because of our reporting on alleged bullying at a school district in contra costa county. the important meeting tonight to discuss the future of the superintendent there. also, students sickened and sent to the hospital. we talked to firefighters about what gave them trouble breathing inside a south bay middle school and planting trees to make a difference in the neighborhood. why? the mayor of san jose and people living there say this will help the community move forward. it is something our ian cull is looking into and he's going to be joining us. but let's go ahead now and begin with that ongoing effort to bring bart to san jose. project's been years in the making now, but the progress has been slow and expensive, and san jose's former mayor is becoming

a big critic. so let's go to bring in our robert honda, who's been tracking the story for years now. robert, i know you got a chance to speak with the former mayor. what's his biggest complaint? well, it is interesting because one reason why it carries so much weight is, of course, not only is he the former mayor of san jose, but he also owns a lot of downtown business interests. and this project, this 5 or 6 mile stretch into and through downtown san jose is pretty much getting to a very key point, because part of this next extension will be a five mile tunnel underneath and through downtown, about 80ft deep. so it is a pretty extensive kind of project. and what he's upset most about, which a lot of other people have expressed frustration over, is the extended delays in terms of the completion, as well as the cost. this cost was originally around 5 million. now it's about 12.8 billion, and it was originally going to be completed around 2026. that got moved to about

2030. and now the completion date is estimated for 2037. and so those cost increases and the time delay in terms of it becoming kind of a practical thing for people to use soon, is something that really basically caused the mayor to speak out publicly. a lot of changes for sure. robert, i know you got a chance to speak with someone with the vta as well who's leading the bart expansion project. how's the vta responding? yeah, the vta is obviously they are saying that they appreciate any kind of a feedback, even from the mayor. they probably don't appreciate the criticism that much. but they are quick to point out that, first and foremost, they don't like the idea that people are saying that the vta can't handle these kind of projects. they point out that the first phase of this project that brought the bart to this berryessa station was came in about $100 million under budget, about 5% less than they were expecting. and they're pointing out that that was something that really impressed the federal

agencies that are going to be in charge of funding this project are helping fund this project into this future stages. so they are very important people to impress. and they also point out that, this is something that the people here in the valley want. they point out that this has come up for funding three different times on measures, and that voters passed it all three times. and they say that the people aren't really interested in having a bart station here. that then spreads out with bus lines and things to other locations. they're saying that the voters have spoken and said they want a bart system that connects them all throughout the bay area, and that is what they're going to try to do. okay, a lot of mixed views for sure, robert, but thank you for the latest on that. we'll see your full story later on this evening. looking forward to it. let's go ahead and stay in the south bay now because a routine traffic stop helped get three dozen guns off of streets. san jose police touting the recent arrest of juan sandoval. they say he had illegal guns on him,

including an assault weapon. they say the arrest started with a traffic stop that led police to serve search warrants at two homes, one on cortez avenue in san jose, another in san benito county, and police say they seized a total of 36 guns. they also say sandoval could face charges of child endangerment because he had two kids under the age of 15, in his car with those illegal guns. that's not good. don't get the kids involved in something that you're that you're doing illegal. leave the kids at home or you know it's not right. you can put your kids in more danger than they are with you. and police say six of the weapons seized were ghost guns. you may know this, but those are privately made and nearly impossible to track in just a few hours, an east bay school board may vote on the fate of its embattled district superintendent. the controversy stems from a story nbc bay area investigative reporter candice nguyen first brought to light. it surrounds allegations that antioch schools maintenance

director ken turnage bullied and harassed employees, including a claim that he moved an employee's desk to a rooftop as punishment. that's what you're looking at right there. turnage is now on administrative leave in the wake of our report. allegations also include what some claim is a cozy relationship with antioch school superintendent stephanie anello. she has since recused herself from leading any investigations. board president tells us tonight he plans to call for a vote to remove anello. previously, neither anello nor turnage would respond to our requests for comment and to watch our previous reports, just head to nbcbayarea.com, click on investigations. well, scary moments at a south bay middle school today. paramedics took two students to the hospital after a carbon dioxide exposure in a classroom. this happened at around 830 this morning at sunrise middle school in san jose. firefighters got a call about an odor that was making students and a teacher in a

classroom feel sick. when fire crews arrived, dozens of people were having a hard time breathing. we're not sure exactly what caused it, but it could be that in the neighboring classroom, there was a locked box full of chemicals used for science experiments. it's possible that one of them leaked into the hvac system and went to the other classroom. a fire department said that most of the students were feeling better in about two hours, and classes did resume as normal. but as we mentioned, two students went to the hospital for evaluation at the request of their parents. no word yet on how they're doing. a neighborhood in san jose is getting something common but special to help make it more appealing, and hopefully a lot cooler in the middle of summer. the addition we're talking about nearly 30 brand new trees. nbc bay area's ian cull joins us now after talking with people there. so, ian, tell us what exactly is going on south of downtown. yeah. so business and owners and residents and the willow

neighborhood say when the weather heats up, people stop visiting. so and they say one of the main reasons is there's very little shade. it's very hot there. so they have been pushing for the city leaders to step up. and today they did. the mayor was on hand as city contractors planted 29 young trees. the city council secured funding last year to put in a total of 2000 more trees and neighborhoods and business corridors. this year. it's not just filling empty space, but also increasing shade, and people are already starting to notice. it's pretty hot here most of the time. so it's a it'll it'll help revitalize, have some freshness here, revitalize and refresh. i know there are a lot of businesses out there as well, ian. so business owners, what are they saying about this? do they think this will actually do much for them. yeah they do. and for that we talked with the owner of the ortega's food center and he says people just don't really come there in the summer. but he says that the trees are really a starting

point for the neighborhood, because when you start beautifying your street, then it catches on and people start cleaning up their curbs and shops, which can lead to a more vibrant and safer neighborhood. this one down in lee, bring more visitors to our to our area and encourage people to take a stroll along willow. he hopes the city will also add new street lights as well. you'll hear more from him and the progress in that neighborhood coming up tonight at six. looking forward to it. ian. thank you. we'll see you at six. see you then. some water customers in one contra costa county neighborhood still without water right now. this all started at around 5:00 this morning in richmond. a water main ruptured at 47th street near carlson boulevard. flood you see right there. sent mud and water onto surrounding streets. their crews did have to close carlson boulevard. city says the repairs should be complete by 6:00 tonight, so that's about 90 minutes from now . and i am now joined by meteorologist vianey arana. and

you know what that means. we're going to talk about our weather via everyone in our newsroom. got a chance to step outside, enjoy the sunshine. it changes your mood. it does. i hope it energized a lot of you because it's warm to look at that 80 degrees right now. and we do have that ridging that's taking place. it's going to unfold that warming trend we've been warning folks about. it's also kind of dry. audrey, look at the humidity. it's about 17% right now out there. so let's get to what we can expect into tomorrow because things are only expected to get hotter. looking right now at the temperatures throughout the bay area, san jose is not the only one in the 80s. look at fremont. also 80 degrees, stretching it through parts of concord as well 80 degrees. and then meanwhile around san francisco, we're talking mid 70s. so what is the greatest difference compared to the past 24 hours? great question. we've heated up by about 14 degrees in hayward. look at that. but san francisco is also notably warmer about ten degrees warmer in most spots. and it's only going to get hotter now. satellite radar right now painting the perfect picture of those clear skies not

only for us here in northern california, but really the entire state. this stretch of warm weather is going to lead us into even warmer weather for thursday and friday especially. so let's take a look at some of those potential daytime highs for tomorrow. concord 88 san jose, upper 80s, los gatos 86. look at san mateo. even around the peninsula, we're going to warm up, but it does look like friday could potentially be the warmest day set up so far, ending the workweek in potentially the 90s for some of those interior stretches, san francisco and around the coastline still will be probably the coolest. but even so, you know we're still going to be seeing that warmth around the coast. now, we're also noticing, of course, it's been breezy and windy at times. we do have an area up through parts of the north bay mountains interior that is going to continue to be under that wind advisory until about 8 a.m. tomorrow for us. we're going to continue to see the breezy winds, but keep in mind that we're going to be seeing a lot of that pollen. i know a lot of us here in the newsroom, audrey, we've been talking about this, have been impacted your sinuses with all that pollen in the wind.

unfortunately, that will continue for tomorrow. we're going to see the highs near the 90s, 80s for the coast and bay. and then just looking ahead, the heat does continue, but you'll definitely want to join us again at 5:00. schiff meteorologist jeff ranieri is going to have an extended outlook of what you can expect. audrey, our vna, thank you. former republican congressman from the south bay, pete mccloskey, has died. his attorney says he died peacefully at his home in winters. this is west of sacramento. often described as a liberal republican, mccloskey opposed the vietnam war and ran on an antiwar platform to try to unseat president richard nixon back in 1972. he served in congress from 1967 to 1983, winning reelection seven times and representing parts of the peninsula and silicon valley. during his congressional tenure, he championed environmental causes, coauthored the 1973 endangered species act, and helped launch the first earth day. mccloskey was 96. well, there is a possible setback for

scott peterson's legal team. his attorneys are seeking a new trial, asking for new dna tests. but prosecutors are responding today already calling that attempt a dead end. also, it is a family affair. now, sharks expected to pick the best player in college hockey next month, and his dad just happens to work for the warriors. this is pretty cool here from the proud papa after the break. but before we head to break, we want to know what trending story would you like to see later on in this newscast? a lot of you have already voted, but for those of you who haven't, still have a little bit more time to vote on my instagram and take a look at the stories you can vote for today. new travel rules for dogs. biggest financial strain for young americans or instacart and uber team up. we're gng to tell youoi

sentenced to a shorter punishment due to the racist text scandal at the antioch

police department earlier this week, two of four men, 23 year old tehran deshaun pugh and 25 year old eric james windham, entered no contest. pleas to manslaughter charges rather than murder charges that allowed for those reduced sentences is today. the agreement came after the court learned police officers involved in the scandal exchanged dozens of racist text messages about the four suspects. they'll now serve sentences ranging from 13 to 20 years in prison. prosecutors and legal analysts say it is the first real test of the state's racial justice act. in a major case, the family of the victim declined to talk today. but this is what the victim's mom said last year after the racist texts were revealed. we pay for what the antioch police department did, so it really wasn't any justice. the time that they'll get is not that much time for what they the crime. if you guys look into it and see what happened to remaining suspects, will be back in court on friday

for their sentencing on these new reduced charges. stanislaus county prosecutors are reportedly shooting down a request from la's innocence project to conduct new dna tests to win a new trial for scott peterson. peterson's team is making that request as part of a series of hearings surrounding a possible new trial. he's serving life in prison for murdering his wife, laci, and their unborn son. more than 20 years ago. his attorneys hope to retest evidence, including a mattress found in a van, the modesto bee reports. prosecutors responded last week claiming previous testing not only rules out lacey's dna, but matches a male profile, not a female profile. the new response also calls the latest hearings a fishing expedition in search of a boat. next hearing is scheduled in three weeks. in san francisco, city leaders are debating what to cut to fix the city's looming multi-million dollar budget shortfall, and community groups are trying to make sure their programs don't end up on the

chopping block. coalition excuse me of service organizations, immigrant support groups, and lgbt youth support groups came together on the steps of city hall today. they're demanding the city protect their programs. they say their services are critical to keeping the city a safe, vibrant and diverse place. they say investing in their programs will actually prevent bigger costs later on. we're going to wait until someone's on the street and try to get them care. we're going to wait until a violent crime happens and then try to clean it up. let's try to get ahead of those things by investing where it can have an impact, to prevent those things from happening in the first place. they rallied outside a city hall ahead of a board of supervisors hearing about budgeting for the city's department of children, youth and their families. the mayor's office says the city is facing a $789 million shortfall over the next two year budget cycle. okay, turning to our climate and

crisis now, firefighters from around the world are in washington, dc today for the first ever world fire congress. and right now they're at the library of congress to sign a statement detailing their mission. and meteorologist vianey arana is here for more insight. i'm wondering how many countries are taking part in this and what are they actually hoping to accomplish? well, audrey, more than 55 countries are represented in the week long event hosted by the u.s. fire administration and fema. their focus is on how climate change is shifting, what they are facing on the job itself. now, a big topic is lithium ion batteries, which are found in everyday items from your cell phone, laptops, remotes, portable chargers and of course, those popular e-bikes. here is the problem they can overheat and cause fires if damaged. when used wrong or not stored properly. issues we have seen play out inside homes and plane cabins. now it's a growing

hazard that fire departments, big and small, are working to prevent. but i think what you hear here, the call to action from us is one pass this national legislation that would ban the non-certified batteries. it only costs a few cents to make a certified battery. a non-certified battery is deadly. it is a explosive device in your home. so explosive they go off when they're not charging. and so this is, you know, just basic regulation to make sure that the consumer products we have in our home can't just randomly explode. and the conference is also looking at how mental and physical health of firefighters who often suffer from ptsd or develop cancer because of their work. fire officials, including new york's fire commissioner, are supporting a bill in congress that they would say would set safety standards for products that use rechargeable lithium ion batteries. it's a bill that has bipartisan support. now, we're also looking, of course, at the impacts that they face when dealing with things like wildfires, wildfire extremes and in a changing climate, you know, there's a lot of elements as well that go into the

firefighting aspect. and also burn scars. also have, you know, shown studies that they also carry their own dangers as well. so many conversations to be had at that conference today. absolutely. very important. all right, vinnie, thank you. all right. have you heard things are looking up for the san jose sharks. they got the number one pick in the nhl draft. and the team is now closer to a brand new ice skating complex. you're looking at what the planned sharks ice at the gilroy spark sports park may look like. it will have two nhl size ice rinks, a cafe, fitness center and sharks door. fans can watch hockey games at a bar and restaurant on the second floor, and it's expected to open by the end of 2026. and as for the draft, sharks are expected to select macklin celebrini from boston university. the 17 year old canadian just dominated the college ice as a freshman, and he has deep ties to the bay area. this is pretty cool. macklin spent a year playing for the junior sharks when his dad first got a job with the

warriors, his father, rick celebrini, is the director of sports medicine and performance for the dubs. we were nervous and anxious and to see the sharks win it, win the lottery was was phenomenal. we're a very tight knit family and to have your son, so close to home would be would be phenomenal, so to have him in our own backyard, so to speak, and to, you know, mom, to bring him a meal every once in a while and do his laundry, would be would be a lot of fun. so one proud papa there. it's pretty cool. nhl draft is at the end of next month in las vegas. our janelle wang is working on the 5:00 news for us. great to have the family back. oh that would be so nice. yes, in the east bay, berkeley superintendent is actually in the hot seat on capitol hill. she was grilled by lawmakers during a congressional hearing on anti-semitism in k through 12 schools, and how it's being handled by the school district. some berkeley parents have even pulled their kids out of that district, fearing for their safety. apple is taking a lot of heat. one day after unveiling

its newest products, the company is the talk of social media for all the wrong reasons. it's because of this commercial, our business ad tech reporter scott budman breaks it down for us. all those stories and more coming up at five. haven't seen that commercial yet, i haven't either. yeah, looking forward to that discussion. janelle thank you. still to come top trending story as voted by you on my instagram poll. also a new look for san francisco skyline tonight. we'll tell you what to in two minutes.en we come back

traveling abroad with your dog is about to become more difficult starting august 1st. all dogs arriving in the u.s. will have to be at least six months old, and michael skipped. vaccination will also be required for dogs coming from countries where rabies is common. new rules will also

apply to dogs brought in by breeders and rescue groups. and as always, in just a few minutes, i will be posting links to the other stories you voted for on my instagram. okay, you'll get to check out this cool new display in san francisco tonight starting at sunset, this laser beam laser beam will start shooting into the sky at telegraph hill. blue green beam is the brainchild of barrett lyon. he's the ceo of mega laser and the cto of tasl, a data security company. display falls in line with the san francisco cybersecurity conference, which is happening this week at the moscone center. all right. thank you so much for joining us. at 430. jess and janelle are working on the 5:00 newscast next, and we are back in just two minutes.

after the san jose police department makes a major bust. how officers first discovered

that illegal firearms were being transported. eshoo berkeley, superintendent of schools, grilled on capitol hill today about how the district handled cases of anti-semitism, semitism, arab on campus. when she told congressional members who were looking for answers and apple's new ad touting its new ipad raising a lot of eyebrows, the buzz surrounding the controversial new commercial. good wednesday everyone. the news at five starts right now. thanks so much for joining us. i'm janelle wang and i'm jessica aguirre. it started as a routine traffic stop in south san jose, but that led to police seizing more than three dozen weapons. nbc bay area's marianne favro is in san jose, with more on the investigation and the additional charges that may be coming. marianne. the suspect is in custody on weapons charges. he also faces a child endangerment charge because police say there were two kids inside his car with some of the guns, three

dozen guns, including an assault weapon and six difficult to trace ghost guns, are off bay area streets tonight. san jose police say they're investigating began when they pulled over juan sandoval for a traffic stop and discovered he was transporting firearms with two kids under the age of 15 inside the car. officers later found weapons after searching sandoval's home on cortez avenue near two schools in san jose. that led to a second search at a home in san benito county. when officers searched that secondary residence, they located several other firearms so a total of 36 firearms were seized. maria torres of san jose says she rarely shops after 11 a.m. because she's worried about crime. she told us she's relieved to learn police seized the guns. that's great. that's good that they're taking the guns off the street because we need more of that, you know, to get them off, because all the stuff thapp