with the settlement agreement. that nsa was born eight days ago after the writers controversy. >> if we are not in compliance by january 26th i think the likelihood of the judge exercising his option is a fairly good possibility. >> we need to allow this person to do their job. i think chief batts clearly said it. i think what we need to do is learn from it. >> reporter: batts will be with the department until november 6. jordan could become chief on a permanent basis but that decision is month ahead. anthony batts came to oakland from the long beach police department. h he was sworn in as chief almost two years ago -- he was sworn in as chief almost two years ago. on tuesday batts announced his resignation. the union agreed to start making contributions to the pension fund. the city council is set to vote on the matter next monday. san francisco district attorney george gascon spoke out about the presence of white supremacy groups in the city. gascon said authorities are concerned because an investigation into a beating of two latino men outside a bar last year turned up evidence of the white power movement. i think the most san franciscans never thought they would have three white supremacy groups that are actually operating within our city. >> gascon said people who live in the city have to work together to make sure hate groups are not tolerated. today's announcement came after a jury last week found 39-year- old robert allen and 29-year- old justin mesckin guilty of assault and beating of two mexican nationals. the brother and sister of a man who drowned at alameda's beach filed a wrongful death claim. 53-year-old raymond zack died may 30th as police and firefighters watched from shore saying they did not have the proper equipment or training to save him. the suit says the city is liable for not asking for help from other agencies. it's believed zack was suicidal. the pilot of a small plane survived a crashlanding this afternoon without injury. the plane went down in a marsh near the san rafael airport about 4:00 this afternoon. firefighters say the pilot was the only person on board. rescuers say the plane may have had engine malfunction. federal investigators are now trying to figure out what caused two amtrak trains to collide in oakland injurying more than a dozen people. it happened at the jack london square station late last night. ken pritchett is live with why the initial cause of the crash may not be the final word, ken. >> reporter: take a look at the signal you see there behind me. that signal was reportedly red when that amtrak train went right through it striking a train that was on the same track. but some say what seems like a simple explanation may change after an investigation. inside the passenger cars, it did not feel minor. >> we were sitting in there in our seats and all of a sudden the impact. we didn't know what it was. >> reporter: passenger alton smith talked to ktvu in the moments after the impact. the train stopped at the station was the coast starlight with 137 passengers on board. >> we had a head on accident between two amtrak passenger trains. one of the train according to an amtrak representative ran a red signal. and they were probably traveling about 15 to 25 miles per hour. >> reporter: but other explanations might exist and the union representing railroad workers agree. >> it's very easy to blame the conductor or anyone involved. >> reporter: under certain conditions and with permission from dispatch trains can pass red signals at a slow speed instead of stopping. and he says other factors could come into play such as the switching or signal error. amtrak and the federal railroad administration are investigating. >> there is usually more to the story than folks might think. >> reporter: each of the locomotive had a wheel pop off the track. service was disrupted for hours but it resumed early this morning. ken pritchett. a federal appeals court upheld the position of a ceo because of his role. prosecutors say rays failed to disclose that dates were altered on stock options given to employees. reyes is set for release in november. today the labor department says says applications were down from 1,000 to 404,000. word of a slow down in investment led to a drop but stocks resurged before closing. an east bay school threatened with closure says it is staying open for the rest of the school year. el cerrito schools says parents raised $100,000 to stay up and running until june. the school says its financial problems are due in part to a drop in enrollment and construction bond. it is a city without a doctor. we're not talking about a tiny town. it's in contra costa county. a city where 30,000 people call home. new at 6:00, lorane blanco live with how that's about to change. >> reporter: the clinic is not quite ready to open just yet. you can see inside it's still empty but that will change very soon. and for the first time in more than two years, this city will finally have a doctor. batela depends on her oxygen tank 24/7. >> it just feels like you're lungs are going to collapse. like your heart is going to stop. >> reporter: underinsured she needs assistance to survive and she gets it from la clinca. >> they say i'm sorry we're out of appointments for today and tomorrow. and if you have an emergency call 911. i can't keep going to the emergency room. >> reporter: you can see how crowded it is inside. doctors tell us that it's like this every day. they see about 2,000 patients every year. >> most important is how many patients you see every day. how many patients you are able to see every day. >> reporter: dr. meani sees 830 sees -- 80 patients every day. >> if you're in the emergency room, you hope that the person next to you does have an emergency and not something that could have been prevented at a doctor's office. >> reporter: an imagie who lives around the corner is the first in line. >> i'm going to really like it and enjoy it. >> reporter: la clinica is set to open with one doctor for 20 hours a week. they hope to expand. president obama placed blame -- >> we also know that he had direct links. was paid by and directed by individuals in the iranian government. >> reporter: the president went on to say that someone in the iranian government should be held accountable for the plot. president obama is heading back to the bay area as part of a swing through three western states. he's expected in san francisco after visiting las vegas. the president is on the road to campaign for his jobs bill and his reelection. an independent study finds california ranks near the bottom in school spending. the california budget project says the state ranks 46th in the u.s. in per pupil spending at $8,809. the group says california ranked 50th in the number of students per teacher k-5th grade. some san francisco elected officials are calling for the city to take a stand on genetically engineered food. at a news conference in city hall the director of center for food safety says crops and seeds have not reduced the pesticides and may harm the ecosystem. >> we feel this effort in san francisco is really important and have california really be the first to say, yes consumers need a choice. they have the right to know. >> reporter: next -- the new iphones aren't even out yet, but the current model is already having trouble with what's supposed to be the best software ever. that story is still ahead. 20 minutes or so to sunset and some of our bay area residents still sitting in the 80s. giving you a live look there of plenty of school skies. what the models are indicating for your weekend, coming up. i enjoy it the most when i'm with sidney. she doesn't notice that it's too crowded or that it can run a half hour late. i'm bevan dufty, and i'm running for mayor because it's not enough to just "get it done"-- we have to get it done better. sidney thinks muni is magic. we go underground and come out someplace new-- 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[ smack! ] [ insects buzzing ] [ male announcer ] when life happens, you need a plan you can count on. 3.4 million californians trust us with their health coverage needs. blue shield. san francisco mayor ed lee paid a visit to a new gaming company. the social gaming company says it plans to grow to 185 employees in the next year and half. >> we're happy that the mayor fosters an environment that can help companies like us be founded in san francisco and stay in san francisco. >> reporter: the mayor's visit coincides with coyer international real estate that reports that 450 gaming companies are searching for buildings in san francisco. and so will creative and marketing workers. apple is facing problems with its first product launch since the passing of steve jobs. new at 6:00 tonight, tom vacar joins us with what you can expect. >> reporter: inside apple there's a deep well of good will. today apple is dipping deep into it. apple's website installed the hundreds of virtues of i0f5. veteran analyst edward maget cannot vouch for it. >> the software is great if you can download it but many people are having problems with it. >> reporter: it seems to go a lot farther than that. >> i'm not able to get i message working properly. i'm not being able to get the i cloud to work. it's not accepting my apple i. d. i've used that apple i.d. hundreds of types over the years. >> reporter: at apple stores some customers are seeking help. >> it crashed out after it activated said that the sim didn't work. the sim card. >> reporter: others hearing of the problems are biting their time. >> i'm probably not going to download any time soon until i hear they've fixed it. >> reporter: after an hour, one customer we met reported success of sorts. >> they could not fix it. my phone was out of warranty, they went ahead because it was an ios problem, they gave me a new phone. it works fine. >> this is the new era for apple and it's not getting off to a good start. >> reporter: the download problems have now been corrected reports apple. meanwhile take a look at this the line for the new iphone which comes out early tomorrow morning has already begun to form. reporting live, tom vacar. well, speaking of lines, steve wasniack is lining up for the new iphone. he's first in line at the los gatos store. you would think he has a little pull. he has two phones but he enjoys the fun of staying up all night in line. the new iphone 4s goes on sale tomorrow morning. assemblyman jerry hill spoke outside a apartment complex that was destroyed by fire last year. california emergency management workers put on a demonstration today of what can happen inside your home during an earthquake. the experts describe the safest place to be when the big one hits. >> under something like a desk or a sturdy table so you drop, cover your head and then hold on. and you shouldn't be standing in a door way. you certainly should evacuate because you're most likely to get injured. today's demonstration comes before the great shake out demonstration. we have more information just go to our website and look under the survival guide. temperatures running warm for mid-october. hopefully you enjoyed it. right now the wind variable at this point but for most of the afternoon we saw a northwest, even northeasterly breeze at times and that kept the marine layer out of the our area. you can't even find it out there at this hour. 79 in oakland, still holding on to the 80s. san jose, livermore checking in right around 83. low 80s in and around concord, napa, santa rosa 83 degrees at this hour: and still mostly clear skies. for tomorrow, a near repeat, ridge of high pressure now in place. we'll be there through about friday. it will begin to weaken. more noticeable changes, but we're not expecting a southerly flow to bring us high clouds for tomorrow afternoon. we'll start the morning very similar to how we were. widespread 50s and 60s. we will be mostly clear. but we have a milky white sky. and i should say 80s near 90s. temperatures sitting right around 50 degrees as we start the morning near santa rosa. 60 in oakland. the afternoon highs another nice one. 85 expected for sonoma. upper 70s in sausalito. how about the east bay, upper 80s depending on where you're at. santa clara valley looking good 85. it's going to be nice along the peninsula. 82 expected in san mateo. widespread 70s across the coast. half-moon bay 84 this afternoon and upper 80s in santa cruz. it was a great day to be at the beach. getting into the weekend our temperatures will continue to fall. upper 60s, low 70s expected along the coastline. sea breeze will return and more than likely we will see the a.m. clouds as well. it's going to go from kind of toasty to nice and mild by sunday. >> comfortable, beautiful. rosemary thank you. >> great night to sit outside and wait for an iphone. >> yeah, great weather for that. now to sacramento where supporters say a new law will bring better health care to california in rural areas. the measure allows all licensed health care providers in the state to offer services over the phone or through video conferencing. backers say that expertise will save time and money. >> people of portola, these small communities that do not have kidney specialists but they can have it within minutes now because of this bill. >> reporter: advocates say most of all the law will save lives in places where people have to wait weeks or months to consult a specialist. coming up on bay area news at 7:00 on tv 36, he may be the world's best known media mogul and he's expected to attend a conference in san francisco. but why are people so upset about it. these stories and more coming up in just 30 minutes on tv 36. a new honor for the stanford women's basketball coach. the recognition she's receiving, next. loaded potato with bacon. that's what we like to hear. where was i? oh right... our rich & hearty soups.. people love the thick cut carrots... we do too! 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[ male announcer ] progresso. you gotta taste this soup. ♪ ...harvested the same... ♪ ...and roasted the same as our other premium coffees. ♪ it only makes sense it would taste the same. so, try it for yourself. buy a pack of 100% natural starbucks via® ready brew. we promise you'll love it or we'll send you a bag of starbucks coffee. it's the starbucks via® taste promise. look for it at starbucks stores and where you buy groceries. sanford women's basketball coach can add another trophy to her shelf. the basketball hall of famer has been honored the atena award. it goes to women who show their creativity and help other women accomplish their potential. good for the tigers, they're hanging in there. >> an enjoyable way to spend the afternoon. watching a baseball game hard fought. and the tigers still clawing away on the rangers. it all happened in the 6th inning. 2-2 game and the tigers hit for the cycle, single. and this double that hit the third base bag off the bat of miguel cabrera hitting everything. hottest hitter outside of albert pujols. victor martinez has been struggling, battling an injury. down the right line. if he was feeling better he may have circled the bases for an inside the park home run. the a triple for victor martinez. and they weren't done. young hits his fifth home run of the play offs. this one a 2-run shot. the second of the game. they build a 6-2 lead and hang on to win it. 7-5 final. verlander the winner they go back to texas still trailing the rangers 3-2. meantime, the raiders go back to work of course it's been an emotional 10 days or so. seven days or so. and they have to fight what football players will tell you the let down. all the emotion of the victory over texas this past sunday. then on paper it looks very good. their facing cleveland at home. campbell says they can't not let down these guys that are push overs. >> they're coming off a bye, they want to do just like we did with houston. they want to get a win. they've been preparing for it for two weeks. we have to get on our horses, come out here and play and take care of what we have to take care of. the people have spoken. this is the game they want to see. it's kind of an odd match up tomorrow. marin catholic is 6-0. they will be taking on the san rafael bulldogs who are 0-5. so a little david and goliath. they'll be fighting like cats and dogs because they have. the san rafael bulldogs against the marin catholic wildcats. we'll have it for you tomorrow. >> thank you. right now on facebook join the discussion about the launch of the iphone 4s. we're asking viewers if they will keep their old phone. upgrade or wait for the much anticipated iphone five. tell us what you think. we want to know. just look for ktvu channel 2 on facebook. i enjoy it the most when i'm with sidney. she doesn't notice that it's too crowded or that it can run a half hour late. i'm bevan dufty, and i'm running for mayor because it's not enough to just "get it done"-- we have to get it done better. sidney thinks muni is magic. we go underground and come out someplace new-- just us. i want all of us to see it that way.