Department managed to clear the 58story Millennium Tower for construction only to have it wind up sinking some 16 inches into the mud and counting. I think everybody is afraid of accepting the risk. As a mayor i want to handle it reporter you are concerned about the entire area . Yes, im concerned about the area being able to withstand a major earthquake and thats what we need to build towards the standard for. Reporter one immediate result . The board of supervisors are withholding money on plans to build a Massive Underground tunnel between the transbay terminal in the south of market. We want to put the brakes on this thing, make sure were doing it right before we move forward. Reporter others, however, say its an overreaction. We had our big earthquake in 1989 and they held up fine so i dont think we should overreact and say that Millennium Towers has a problem we should as to be everything in its tracks. Reporter this including the building of that tunnel and i have to tell you something thats very interesting is that some pomona say that they shouldnt be tapping the brakes because it would kill the momentum for the entire project. But that seems to be what peskin and the supervisors are saying. Maybe we are just moving a little too fast and maybe slowing down the momentum might be good in the long run. In San Francisco, phil matier kpix 5. After nearly a decade a plan to transform a vallejo waterfront is finally moving forward. The new development is slated for the area shaded in red between solano avenue and the end of the marina. Only on 5, kpix 5s emily turner is live in vallejo. She spoke of people who are optimistic the development will spark an economic resurgence. Emily. Reporter basically, instead of this just being an intersection right here at the ferry building, this could be an epicenter. An epicenter of a place that would bring a lot of life to a city that hasnt had a whole lot of it as far as Development Goes lately. Its been talked about for years. But a Major Development in vallejo has the green light. It took almost a decade but will change the citys waterfront as we know it. Just the empty lot. [ laughter ] reporter but not for long. The city has plans for a major mixed use high density district, a 237page plan outlining the overhaul of the area along mare island causeway between solano avenue and the end of the marina. Shops, restaurants, a revamp of the ferry terminal, new housing, all part of the plan, something that looks a lot like downtown walnut creek would potentially take the place of an area that currently doesnt have much more than grassy space and a paved promenade. This is the downtown area, the oldest area of the city. It has suffered from a lot of years of neglect and lack of investment. And so thats the biggest boost is that it would kind of kick start that economic revitalization. Reporter the plan was ready back in 2007 but changes in state regulation of development and an economic downturn the following year put it on hold. Now its finally coming back to life. Its our turn. This is our turn. And and we think the conditions are really ripe for, you know, the Development Potential of that to be unlocked. Reporter the city already owns most of the land and has plans to build a new parking structure. The master developer is on the hunt for other development partners. They hope it will bring new business in when its finished but keep the business here, as well. I think it would be nice if they gonna do it. Give the kids something to do and places to go besides leaving out of vallejo going to fairfield. Reporter in addition to this the mayor is also spearheading a project that would dovetail with this Development Project basically a Sculpture Garden along another portion of the waterfront. In vallejo, emily turner, kpix 5. This just into the kpix newsroom. The Contra Costa CountyDistrict Attorney is confirming a 28yearold man has been convicted of firstdegree murder in the killing of a retired hercules Kindergarten Teacher back in 2012. You might remember Darnell Washington broke out of the San Bernardino county jail. Prosecutors say washington later stabbed susie ko to death and fled to Washington State with his wife where they were arrested. There are conflicting theories about who killed the woman. He could get the death penalty. His wife took a plea deal and is serving 23 years in prison. Within the last hour u. S. Park Police Released a sketch of the man wanted in the pokemon go murder at San Franciscos aquatic park. It is our first look at a possible suspect. Investigators say this man was last seen leaving the area where the deadly shooting took place. Police think the man is associated with this fourdoor Toyota Avalon seen right here in this surveillance photo. Its said to be a 2013, 2014 or 2015 model. 20yearold calvin riley was shot to death while playing pokemon go with friends last month. Police say it was unprovoked. The shooter just walked up and shot him. The shooter did not take any of his property, either. Take a live look from chopper 5. The loma fire is burning for a third day in the santa cruz mountains. And in the past hour, it has really picked up on the Santa Clara County side near the almaden reservoir. You can see the smoke coming from the latest flareup. Temperatures a little cool today but the dry conditions only making this firefight more difficult. The fire has already chewed through more than 2200 acres. Cal fire choppers were conducting more water drops and at last check the loma fire is only 10 contained. Fire broke out monday afternoon off Loma Chiquita and loma prieta roads in the hills. There is no spare the air alert officially for the bay area but still unhealthy area in the south bay because of the fire. Kpix 5s keit do live in the santa cruz mountains. Kiet, some relief for firefighters today, but they still have a ways to go. Reporter we can feel the breeze coming in to help the firefighters get an upper hand on this blaze. Its blowing up off hicks road. And if you look closely you see the figures in yellow those are cal fire workers working to do some mopup work out here. Evacuation orders have been lifted but conditions out here are very, very dry. Of all the sights and sounds of the loma fire on day three, perhaps this is the most worrisome. Tinder dry. That plans typically bends and doesnt break. We are getting to where the fuel really has little to no moisture in it. It bushes like dead fuel. Reporter on the front lines today, crews are on a seek and destroy mission to snuff this fire out. It felt more like a war zone than a wildfire. Cooler weather and more humidity meant the flames were much calmer today and so helicopter pilots came in low to make surgical water drops right on the flames. Those bucket drops cool off the air area enough so that firefighters on the ground can safely bush whack toward the smoke and hunt those flames down. Would you say youre winning this fight . I think we are making progress certainly. Reporter still, they are taking no chances. Crews continue to clear brush an cut lines and hope that Mother Nature is on their side again tomorrow. S for the questions. It begs the question, is this the new normal . Well wait to see what this winters brings but certainly if we dont get substantial rainfall, um, you know, the fuel will continue to be dry into next fire season. Reporter and normally fires are wind driven but they are telling us this is fueldriven just to give you a sense of how dry this grass out here is, look at this. Just kind of crumbles right apart here. Sounds like the fire will be contained on october 3. Mentioned the flareup on the north edge of the fire. Whats the word on attacking that tonight or tomorrow . Reporter she they are saying that conditions are ideal right now for them to set some backfires. They have been doing that and they will do that into tonight for buffer zones so they get a jump on the fire and it doesnt have a lot of fuel to jump the fuel breaks. Thank you. A sad story from the fires of a man who was battling cancer and lost his home and his dog. Can it get any worse . Can you help the family . Any little bit helps. Spread human kindness, the facebook post. We are putting information on our Facebook Page on how you can contribute. Crews in san jose are working on a brush fire thats burning near the los lagos golf course. Smoke and water drops on this fire. Flames started on a flame behind the golf course. No structures are threatened. In oakland now a wanted car thief nabbed today after being smoked out from under a house. The Alameda CountyRegional Auto Theft Task force tweeted this photo of Francisco Carranza in handcuffs. They say they saw him run into the crawl space of a house near paxon and 35th. Suddenly smoke started coming out from under the house. The Task Force Says it was from a cigarette the suspect dropped. In Sonoma County, a train filled with Hazardous Materials sits abandoned on the tracks. Right now theres a fight over just who is responsible for moving it. But as kpix 5s john ramos explains, that fight could very well end up in court. Reporter on tuesday, federal and state regulators did safety inspections on about 80 rail tankers sitting near the Sonoma County town of schellville. But the fact the cars are here at all has locals pretty fired up. Take the rails out of here so they can never bring that stuff back in here. Reporter the tankers contain Liquified Petroleum gas an additive used to create californias winter blend of gasoline. And they were put here by a tiny local freight hauler called, northwestern pacific. The operators of the smart commuter line actually own the rails and said they were not notified when the cars began to be stored here three weeks ago. Until we know how they transport it they are not permitted to use the tracks. Reporter hold on says the executive director of the north Coast Railroad authority. It oversees the movement of freight on the lanes lines and says smart may own the rails but they have no authority over these tankers. The freight operators has an exclusive freight easement a legal right to move freight trains that cant be interfered with by anyone. Reporter but haulers of petroleum are coming under attack everywhere after the derailment and fire that killed nearly 3 dozen people in canada three years ago. That may have people spooked but the freight haulers say storing petroleum on rails is actually a common practice throughout the bay area. You can see them everywhere going to the oakland coliseum, just look around. Theres hundreds of them. Reporter he is right. We found similar looking tankers just off 880 in oakland and still others in richmond. Although there is no indication what or how much they may contain. Smart says the schellville tankers are a threat to the public. But the freight authority thinks smart is just trying to eliminate freight from its tracks entirely. Its a turf battle that will probably end up off the rails and into a courtroom. In Sonoma County, john ramos, kpix 5. Well, santa rosa is joining other north bay communities working to make the new smart train a little less noisy. [ horn and bell ] this is what it sounds like along the rail line in san rafael. Neighbors there complaining about the train horns now the Santa Rosa City council wants to request a 24hour quiet zone. If approved, train engineers would not have to blow their horns as they approach and pass through those intersections. California fires back at wells fargo. How the state is hitting the banking giant where it hurts for opening millions of fake accounts. And it is the gone girl style kidnapping that was so bizarre, police once thought it was a hoax. Now a new twist that could get the suspect a later sentence. The trick to getting people to pick up their trash. How a bay area city is using psychology to crack down on a dumping problem. Well, today the temperatures really continued to come down and by sunday, Something Else will be coming down. Chance of rain in the bay area. Well detail it coming up. ,,,,,,,, cracking down on wells fargo. To the plot of gone girl. Is set to change hi tomorrow, the suspect in the kidnapping case that some likened to plot of the movie gone girl is set to change his plea to guilty. According to the San Francisco chronicle, Matthew Muller will change his plea in exchange for a possible lighter sentence. The 39yearold has been charged with kidnapping after the march 2015 abduction of 30 yearold denise huskins. Huskins was reported missing from a boyfriends house and held for ransom. She turned up at a family home in Huntington Beach several days later. Vallejo police initially called it a hoax. The Department Later apologized. It now faces a civil lawsuit. It was the fbi that solved the case and made the arrest. Check out what police found inside an oakland teens home yesterday. A bulletproof vest and this cache of weapons including a fully automatic assault rifle. Authorities arrested an 18year old man who was wanted in connection with a robbery on an ac transit bus and they say that he is a suspect in several other crimes, as well. New at 6 00 a new strategy to combat Illegal Dumping in san jose. Kpix 5s len ramirez on the campaign to tell people how to get rid of junk for free. Reporter piles of trash and old tv and abandoned sofa and mattresses its an eyesore on carpenter way and a problem in the neighborhood. Its a regular. We have identified it as a hot spot. Reporter what the dumpers may not know is that san jose picks up large items like this for free. All you have to do is call. But how to get more people to call . San jose partnered with experts on human behavior. They are studying us all the time. Reporter jenny loft with the city says a ukbased Behavioral Insights team has been working with cities to help increase Public Engagement and the team helped craft a flyer that people wouldnt throw away. It says you have been selected to receive a free large item removing. Compared to another flyer they highlighted the cost of Illegal Dumping, this one worked like magic. We saw an increase derive from that message about 150 . Probably this one. Reporter we hit the streets with the two flyers and asked people why the behavioral specialist message was so effective. Sounds like i want something. I have been selected as get something free. The word selected is more alluring to me. Reporter makes you feel what . It makes me feel special. Its something Marketing Experts know but is seldom used in government. The large item trash pickup is only two months old but calls have already increased to about 30 a day. And san jose hopes its only a matter of time before the tables are turned and more people call for the free pickup than dump on city streets. In san jose, len ramirez, kpix 5. The state of california cracking down on wells fargo. The San Franciscobased banking giant is accused of opening more than 2 million bogus accounts to boost sales goals. Reporter randy paige on the state treasurers tough new sanctions. Reporter state treasurer john chiang says wells fargos admission that thousands of its Bank Employees opened more than 2 million fraudulent accounts is illegal, unhe will cal and outrageous. He said the state will no longer invest in Wells Fargo Securities or use the bank to buy stocks on boards. This move wont hurt the bank. But it could damage the representation as one of the states oldest and trusted banks and that could hurt the stock value in the long run. Advice to consumers . If you have had a Good Relationship with wells fargo you should continue it. If you feel like you have been betrayed and youre one of those people were charged extra fees if you are one of those people who had has an account you dont know about opened and youre angry about it, why not vote with your feet . Reporter how do customers feel . If you have been a customer of a bank for a long time you need to give them the benefit of the doubt to explain themselves instead of taking the money and putting it somewhere else because i think this is a good bank. I think its a good thing. Usually theres not enough punishment when stuff like this happens. Any step is at least in the right direction. Reporter wells fargo responded by saying we understand the concerns that have been raised john chiang says this will remain in place for the next 12 months. Randy paige, kpix 5. Tomorrow wells fargos ceo john stumpf testifies before the House Financial Services committee. Meteorologist Brian Hackney increasing our chances well, not you personally increasing our chances but we got word about that. Thats right all right. We take the blame for everything. Might as well take the credit. We might get some rain on sunday. What a switch. I mean, last sunday we were at record highs. Numbers near 100. This coming sunday it looks like maybe a tenth to a. 25 in rain. South bay, we have had the clouds that indicate the nearness of the loma fire. Red clouds out there. Air quality not so great in the south bay as well show you in a moment. Toda