in nairobi, kenya - where . >> your realtime captioner is mrs. linda m. macdonald. as the death toll rises, we continue to watch a very tense and dramatic situation play out in kenya where militants took over a shopping mall on

saturday. good afternoon, i'm brian hackney. frank and michelle are off. gunfire continues to ring out at that mall. the standoff between al qaeda militants and kenyan security officers is in its third day. cbs reporter tara mergener tell us that kenyan troops claim they have taken back control. >> reporter: smoke billowed from the upscale shopping mall under siege in nairobi. cbs news correspondent charlie d'agata heard a huge explosion at the scene this morning. >> followed by a series of further explosions in wave after wave of automatic weapons and gunfire taking place as we saw kenyan troops and armored personnel carriers taking up positions around the mall. >> reporter: kenya's interior minister says two people were killed as troops tried to free hostages. but the minister can't confirm how many hostages remain inside or how many militants remain. the state department says five americans were injured in the attack that killed more than 60

people. san diego native elaine dang was caught in the crossfire. she moved there a year ago. two of her friends were killed. >> after surgeries, i'm okay. i'm very grateful to be alive. >> reporter: al-shabab a militant group with ties to al qaeda claims responsibility for the attack. cell phone video shows chaos inside the mall when the attack first began. witnesses say muslims were set free before the terrorists opened fire. at the state department, tara mergener, kpix 5. >> the obama administration is promising to help track down the terrorists responsible. and like tara said, one of the americans injured in the attack graduated from cal. elaine dang posted this picture on twitter to let people know she is okay. she had surgery for injuries on her chest, arms and legs. dang hopes the shootings won't paint a negative picture of

kenya. >> i don't want people thinking something about kenya -- i'm very prideful for the country even though i'm american. >> she works in the mall for an online restaurant guide. developing news in east contra costa county. a 12-year-old boy is dead after he was hit while riding his bike in byron. the chp says it happened at about 7:45 this morning at byron highway and hoffman lane near the excelsior middle school. the driver of an suv told officers she dropped off her own child and then hit something while turning around. she got out and saw the boy under the vehicle. police say the driver is cooperating with the investigation. and a parking glitch involving the new 49ers stadium in santa clara causing new headaches. a shortage of parking spaces has the city eyeing a nearby soccer field. now the kids are upset, the parents are upset and sue kwon has the story. >> reporter: a sea of freshly painted parking spots welcomes 49ers fans. but the team is still about

5,000 short of scoring their 21,000 spot goal. so they are eyeing this field, the soccer field on the opposite side of the new levi stadium. and that means moving the grass, turf and lights a half mile down the road to another area. >> you see those tall trees in the back there? they are all going to come down. the soccer field footprint would take out over 370 trees as well as trails and hundreds of plants and trees that our volunteers have planned. >> california quail the state bird have been nesting here. it would be really sad to see this developed. we also got the email addresses. >> reporter: this resident is throwing the penalty flag out on that idea not only because of the bright lights disturbance to plant and animal life but also because the site manager says this is sacred land. >> they unearthed 100 ohlone bodies and the soccer field will be going on that site.

it's the fifth larger archaeological site in the state of california. >> reporter: this comes just as residents are getting used to the idea of losing part of the golf course to tailgaters and the parking lot. as for the 49ers, the team issued a statement saying that it is committed to being constructive partners both financially and logistically. in santa clara, sue kwon, kpix 5. >> the city is looking at other locations for the soccer field. bart and the labor unions are just across the negotiating table today. but they are still facing $100 million gap. both sides have until october 10 to reach a deal, when a 60- day cooling-off period ends. bart is teaching some managers to operate trains if the strike does happen next month. union workers say that what bart is doing is dangerous for passengers. starting today, carpool commuters heading to the east bay from san francisco will

have to meet at a different place. the mta is relocating the casual carpool pickup spot to the west side of spear street between howard and folsom streets. the temporary move was made to make way for a construction project over the next 18 months. casual carpooling will continue to operate between 3 p.m. and 7 p.m. monday through friday. when religion and fashion collided at abercrombie & fitch, the result was a lawsuit. the outcome is just announced. kpix 5's cate caugiran is in the newsroom with the result which will have abercrombie paying. >> reporter: one of those young women part of the lawsuit hani khan was from san mateo at the news conference. abercrombie & fitch agreed to pay $71,000 as part of the two settlements and make changes to its so-called look policy allowing all employees to wear their religious head scarves. she sat with a look of satisfaction. this started out as a fun after school job but turned into a 3

1/2 year battle. >> it wasn't about the money. it was the policy and i was fired because of the look policy. now that they have had to change it i'm really happy. >> reporter: in 2010, kahn was fired from her stockroom job at the hollister store inside the hillsdale mall for wearing a hijab or religious head scarf. parent company abercrombie & fitch said it violated their look policy and the head scarves hurt business. kahn said it hurt her more. >> if it can happen to me in the bay area, it can happen to anyone. i'm not different and i felt it was right to stand up and say something about to. >> reporter: now they hope this paves the way for changes in other companies an encourages others to step forward. >> we are here to applaud miss khan's courage and for amplifying the voices for other women suffering this way. >> reporter: the company says they have changed and abercrombie & fitch's spokesman said, "as part of our commitment to fair hiring practices and fostering a

diverse workplace, we continually evaluate our existing policies. with respect in hijabs in particular, we determined three years ago to institute policies to allow such headwear." they are required to allow employees wear them, let employees and applicants know the company has a look policy but exceptions can be made base on religious beliefs and employees can appeal to human resources if they are denied. now, miss khan is 23. she said back in 2010 abercrombie & fitch did offer her, her job back. she declined. she went to college and doesn't plan to pursue any retail jobs in the future. brian? >> back to you. >> thank you. in other news around the bay area, the team in green is heading for the play-offs. the oakland a's have won the a.l. west title two years in a row now. they didn't even have to win to do it. the a's clinched the division when kansas city beat the rangers yesterday. then the a's beat the twins. the american league divisional

play-offs begin a week from friday. and a 49ers star player is off the field and into rehab. linebacker aldon smith is taking a leave of absence after a dui arrest in san jose on friday. smith was found unconscious in his truck after hitting a tree. he hasn't said what he is addicted to but says he will beat it. lawmakers want to force a diet on millions of food stamp recipients. the difference it will mean at the dinner table for thousands in california. >> and mix glue with an inkjet printer and what do you get? a $16,000 prize for hacking apple's new iphone. wait until you see this. hi, i'm meteorologist lawrence karnow in the kpix 5 weather center. we are looking at lots of sunshine outside right now all the way to the coastline. how long will it last? we'll talk about it coming up. ,,,,,,,,,,,,,,,,

deadly. syria's president gave that warning on ch . well, chemical weapons are lethal and now the job of inspecting them may be deadly. syria's president gave the warning on chinese state television today. bashar assad said that rebel forces may attack international inspectors trying to secure syria's chemical weapons supply. still, he said that his country is dedicated to surrendering its weapons under the agreement that was brokered by russia and the u.s. stocks are a little off at this moment. investors theoretically are fretting about the budget fight in washington. right now as we take a look the dow is off about 44 and if it continues in that direction it will be two straight days of trading losses. the senate is debating a budget bill to keep the government funded. the house passed its version of a stop-gap bill on friday. it includes defunding obamacare.

this week the senate will try to strip that provision out of the bill before sending it back to the house. but one republican senator may moun a filibuster. >> it should be an easy decision for senate republicans to stand united and to support house republicans. >> republicans present legislation on the floor that was intended to shut down government. for them, that's a victory because they are anti- government idealogues. >> the head of the epa says it will effectively shut down next week without a new funding bill from congress. republicans in the house want to put the food stamp program on a crash diet cutting $40 billion from the program. "the examiner" columnist melissa griffin explains how the cut would affect people who use food stamps in california. >> last thursday, republicans in the house of representatives passed a bill that would cut $40 billion from the federal food stamp program over 10

years. now, the impact on california for that law is substantial. the federal government gives money to states and the states administer the food stamp program. in california it's called cal fresh and every month they give benefits to 3.6 million californians. if this were to become law, 350,000 californians would be kicked off the rolls. in fact, two of the 15 republicans who voted against this bill are from right here in california, gary miller of san bernardino and david valadao, whose county has 21% residents on food stamps. so this could be substantial. however, the house republican bill is going to have to be reconciled with a senate bill cutting $5 billion from the program. what the republicans have done essentially is try to move the negotiations to the right so that the resulting bill will be something larger than $5 billion. remember that president obama has threatened to veto any bill that cuts too deeply into the

program so the threat of that still looms. it's unlikely that the final bill will be the $40 billion in cuts but it will be something to that effect. remember on november 1, t.a.r.p. expires so californians can expect a financial decrease in the benefits regardless of what happens on capitol hill. the winds of fortune are blowing oracle's way, at least on sunday. by winning both america's cup races yesterday, oracle usa is still alive against new zealand. the u.s. team needs 4 more wins to hold on to the america's cup. new zealand just needs one. racing resumes in about 60 minutes on the bay then the second race will be at 2:15 if oracle wins. fresh from his victorious forecast for a rainy saturday, lawrence karnow joins us. >> lots of sunshine and warmer temperatures on the way. of course, that storm system leaving behind not just rain but actually some snow in the

high sierra nevada. can you believe it? this is from sierra at tahoe. yeah. more than a little dusting of snow up there in the high country. i got caught in one of those snowstorms a long time ago, but that was in august. it happens. but boy, what a pretty sight and hopefully we get a lot more in the winter. in the meantime, we have beautiful conditions all the way to the coastline, sunny and bright at the beaches. 74 degrees one. warmer spots in concord, 76 santa rosa, 71 san jose and even 71 in san francisco. a whole lot of sunshine this afternoon, a gentle breeze, temperatures really warmer for everybody. then tonight maybe partly cloudy skies, we have some changes coming our way toward tomorrow. a cold front likely to dive into the bay area so the temperatures will be coming down and a few clouds. right now under a ridge of high pressure, it's going to stick around for today. by tomorrow, though, things will change. a system drops in out of the gulf of alaska bringing in cooler air. around the state today we could

see a few showers in far northern california toward eureka. about 65 degrees there. sunshine in the in the central valley. around our bay temperatures in the 70s and the 80s in the south bay. 60s maybe some 70s now out toward the coastline. east bay numbers up in the mid- 80s in the warmest spots inland. inside the bay temperatures in the 60s and 70s. so looking very nice outside. next couple of days we'll cool down. winds will kick up so a little breezy through wednesday. then on thursday and friday high pressure builds in and looking like a great weekend ahead. don't forget tonight we have a big football game monday night football. we have the vaunted denver broncos playing the raiders on the cw at 5:30. the weather shied cooperate. they have showers there this morning but clear skies in denver as we head in toward the weekend. >> nice job. >> thank you. [ laughter ] the price tag on the new iphone 16 grand. not to purchase it. but to hack it. how one group says it tricked the new security system. ,, ,,,,,,,,,,,,,,,,,,

francisco's south of market neighborhood this week. part of howard street is cl. the annual confer . oracle openworld's kickoff is making it difficult to get around in south of market this week. part of howard street is closed and today is the annual conference's first full day at moscone center. the oracle president gave the keynote address today. ceo larry ellison spoke last night and will speak again tomorrow. it ends on thursday and roads will open back up on friday.

a hack attack on the new iphone. a german group says it tricked the phone's much vaunted fingerprint security system allowing any user to get past the security screen on that particular phone. they did it just by using a regular printer at home and wood glue. and they did it to claim a $16,000 reward to the first geeks to crack that much touted new security feature of the iphone 5s. this looks like a regular home. it's also a place where history was made. steve jobs and steve wozniak built their first apple computers in that very garage back in the mid-'70s. the los altos historical commission hopes to preserve jobs' childhood home as a historical site. a property evaluation for the home will be done today. well, this is premier week for cbs. and we want to tell you about some of the newcomers that are joining your favorite shows and wanted to tell you about them quickly. characters robin and barney make a startling discovery about a family matter in how i

met your mother. the premiere tomorrow. and does your mom drive you crazy? wait until you meet moms starring anna faris as a newly sober mother and her difficult mother. >> she loves me. but she also, uhm, makes me crazy in the way that only moms can do. >> also new to mondays toni collette and a new drama hostages. she is a top surgeon taken hostage by a rogue fbi agent played by mcdermott who gives her a choice kill the president or her family will die. >> she is faced with a huge dilemma. hopefully people who watch the show are going to ask themselves that question, what would you do? i think that's going to be the fun of the show. >> here's a rundown. a whole hour of how i met your mother at 8:00. two broke girls, season premier at 9:00. and the series premier of mom at 9:30 tonight. and hostages at 10 followed of

course by the news with ken bastida and elizabeth cook at 11:00 tonight. a reminder if you have a consumer problem or question, call our hotline 888-5-helps-u. volunteers are there right now. ,,,,,,,,,,,,,,,,,,,

steak and shrimp....steak a fries....steak and tony tantillo. he's got his own ideas about the perfect com. a bad review on yelp can mar

. since it's lunchtime we're thinking famous steak combos, steak and shrimp, steak and fries, tony tantillo with his perfect combo. >> today we're making something hearty and delicious. >> in here we made some roasted garlic first then we took the garlic out and used it in the same pan added in the -- we add the nice garlic flavor with the butter and the steak. when it's a minute or two from being done, add the al dente 75% cooked rigatoni. then we add the garlic. you have to take the garlic out because if you overcook it it will become bitter. >> heirloom cherry tomatoes we use it all the time from the market. now we are going to add some parsley to it. now i'm going to finish this off with a little bit of sea salt. a little bit o pepper and

parmesan. >> i have become the helper. a bad review on yelp can make or break a business. the major crackdown on companies that buy fake reviews. that story and more at 5:00. and that's it for the kpix 5 news at noon. frank and michelle will be back tomorrow. along with lawrence karnow. i'm brian hackney. we really appreciate your watching. lawrence says it's going to be a great afternoon. >> enjo it. see you at 5:00. captions by: caption colorado comments@captioncolorado.com ,,,,,,,,,,,,,,,,,,

>> hope: do you have any idea what you're asking? >> wyatt: i couldn't just stand by and let you -- >> hope: let me what? marry the man that i've been trying to marry for what feels like forever? >> wyatt: [ scoffs ] >> hope: steffy signed the annulment papers, and now you want me to -- >> wyatt: wait. yes. wait. just give yourself a chance to -- >> hope: a chance to what? to fall out of love with liam and in love with you? >> wyatt: a few months. if you can't live without me by then, well... it's not too much to ask, is it? >> bill: so, how did you hear about steffy signing the annulment papers? text? e-mail?