s.

in the news this saturday morning, august 21st, bay area law enforcement are cracking down on people to drink and drive days after. the san francisco police department faces questions about racial profiling in the aftermath of thursday's hijacking scare at sfo. >> mist and drizzle, plenty of low cloud cover pushing into our east bay valleys this morning making for a cooler day today but not tomorrow. >> good morning, everyone. i'm theresa garcia. this weekend police in the bay area are launching one of their biggest dui crackdowns of the year. but just because the cops get tough, it doesn't else inially mean the courts will do the same. you're about to hear more about this local man, james mckrulen, he's been arrested at least ten times for drunk driving going back to 1976. lillian kim reports from sonoma. >> drivers who give any sign they may have been drinking are pulled over right away and tested, the dui crackdown after

petaluma police arrested 52-year-old james, a habitual offender. a judge issued a $250,000 felony dui warrant for his arrest. his most recent arrest happened last month after a crash in petaluma and this past tuesday after two separate collisions inna rin county. police say disorganized record keeping among state agencies allowed mccrowhan to slip through the cracks. >> we don't have all the answers. he may have more than ten dui's. right now the most important thing is we were able to get him back off the street, want to get him help and keep him safe and everybody on the street. >> i think it's sad we let somebody do this this many times. >> mary, mothers against drunk drives buried her 22-year-old son matt nine years ago today. he was killed by a drunk driving. they're lobbying for in-car breathalyzers for anyone convicted of a dui, devices to

keep the car from starting once the alcohol is over 1.3. >> we want to stop the behavior in the beginning, and it's easier to break a behavior when you catch somebody starting. that's why it's important to do it on the first conviction. >> as for police, they say they'll continue to do their part. they say more people are killed and injured in dui crashes in the weeks leading up to labor day than any other time of year which is why this crackdown is going on now. >> we hope to educate all these motorists about the dangers of impaired driving and help them make smart decisions about using alcohol and getting behind the wheel. >> they did order mccrowhan to use a car breathalyzer but had 30 days to comply. it hadn't been installed when he crashed twice on tuesday. >> if you're wondering how someone could still have a valid driver's license after so many dui's, it's because he requested a license suspension hearing

which automatically triggers a temporary stay and the dmv gave him that temporary license. police are investigating a shooting during an attempted robbery last night in pacifica. it happened just before 8:30 at the shell gas station on hickey build near park view circle. a clerk was wounded when the robb robber opened fire. there are reports the suspect drove off on highway 280 going south. new information this morning about why a couple was singled out and detained during thursday's hijacking hoax at sfo. a flight attendant on flight 24 told police the man and woman who happened to be from pakistan were acting suspiciously and that amounts to racial profiling. here's lisa with the story. >> they're very, very shaken and traumatized that this could happen. >> the council of islamic relations or care, speaking on

behalf of the pakistani couple seen in these photos as they were taken off american airlines 24. the plane was held in a remote part of sfo after a hijacking threat. police focussed on this couple after a flight attendant pointed them out. >> some reason two people more than others alerted the flight crew's suspicion. they themselves said one was sleeping and another was trying to rebook their flight with their airlines in english like various other individuals on the plane. >> the couple is still in the bay area and they're afraid to speak publicly. but they do say while passengers were taken off the plane and searched, they were kept apart and forced to sit in separate police cars underneath the belly of the plane for roughly three hours handcuffed. police read them their rights, questioned them and after four hours finally released them. >> several passengers were there.

everybody passenger was released. >> they were handcuffed, mirandized and detained and that is in essence an arrest because they were not free to leave. >> the couple insist no one else was held, questioned or cuffed. san francisco police stand by their actions. >> everyone looks to the police department in a situation so we treat everybody as a suspect until we determine otherwise. >> san francisco police says the couple can contact the office of citizen complaints if they want and that the f.b.i. is now in charge of the case. meantime the f.b.i. is still trying to track down the caller who called in the threat. in san jose, lisa amin gulezian, abc 7 news. >> in the east bay, police have brought a safe ending to an amber alert. it all began at 2 p.m. yesterday in oakland when police got a call that a two-year-old girl had been abducted by her father from an apartment. he then threatened to kill himself and the child. the chp posted a statewide amber alert. police saw the car in san pablo and talked him into

surrendering. the 21-year-old was taken into custody and the girl is in good condition. several hundred people were without internet, cable tv and land line phone service after thieves stole copper wiring in marksberg. crews were to replace about 700 feet of cable near luckdy drive and dortdy drive. the outage affected about 500 homes along with redwood high school. it also knocked out the school's website along with the phone system for the union high school district. police want to hear from anyone who might have seen any suspicious activities. u.s. park police hope you can help them find a man who stabbed a dog several times in san francisco fort. the injured dog, you see him here, lenny, is recovering at an animal hospital after several hours of surgery. his owner told police she was walking lenny with a group of dogs on thursday when they encountered a man walking a pitbull. she asked the man to restrain his dog. that's when he pulled out a knife and stabbed her american

bulldog four times. >> it was absolutely shocking. i mean who carries a concealed weapon in a dog park, and who physically assaults a dog we'll a weapon. i mean, let alone at all but with a weapon? >> investigators say the suspect visits the fort often with his dog named den naturally. anyone with information is urged to call the park police. a teenager received a 50 year to life sentence for the shooting death of a 15-year-old girl at a park in alameda. yesterday a jury convicted tony tran during a robbery attempt at alameda's washington park on halloween night, 2007. eko had gone to the park to hang out with her friends. the attorney calls the sentencing absurd. she believes tran should have been charged as a juvenile instead of an adult. he was 16 at the time of the crime. five others have been convicted of murder in juvenile court.

a big step forward taken in the energy program. how russia says it will keep the iranian government from making nuclear bombs. from bad to worse. check your egg carton. a nationwidedededede

>> closed captioning brought to you by mancini sleepworld. >> good morning, everyone. in iran, engineers have started loading fuel rods into the country's first nuclear power plant as tehran moves forward with its atomic energy program despite u.s. sanctions. russia has pledged to prevent the plutonium and spent fuel to develop a nuclear bomb. it is the first step of a

two-week process. it will be at least another month before the reactor starts pumping electricity to iranian cities. the u.s. has not formally objected to the plans but western and israeli officials remain worried about iran's nuclear ambitions. for the first time in almost two years there will be face-to-face peace talks between israel and the palestinian authority. parking lot prime minister and palestinian president will arrive in washington on september first. now, they will meet separately with president obama. the next day all three are scheduled for a joint negotiating session. egypt's president and jordan's king will also attend. their countries have already have their peace deals with israel. as predicted, the massive egg recall has grown. another iowa egg producer has recalled thousands more eggs. and as that number grows, likely show will the case of the salmonella poisoning. that's the word from federal health officials. abc alex stone has the latest.

>> the nationwide egg recall continues to expand, now half a bill eggs affected following the announcement another iowa producer has been distributing contaminated eggs. >> my guess is the investigation is nowhere near complete. the possibility this contamination will spread to many farms. >> hillendale farms of iowa is recalling over 170 million eggs after lack tests confirm salmonella bacteria. eggs from those farms were sold under names hillendale farms, sunny farm and sunny meadow distributed to grocery stores in 14 states. that's in addition to the 380 billion eggs recalled from nearby distributor wright county egg earlier this week. >> the fever was real bad. i lost almost 25 pounds. >> already over a thousand people have been sickened. >> i woke up in the middle of the night, sick to my stomach, horrible stomach pains. >> what caused it could boil down to two possibilities, tainted feed.

until the calls is known, it's feared thousands more could get sick. >> you're putting at risk senior citizens, the very young. millions of americans could be at risk. >> grocery stores are not taking chances disposing of thousands of cartons. >> not a scientist matter. we take them, throw them in the dumpster. >> alex stone, abc news. >> if you're waiting for a warm-up, you may have to keep waiting. >> but just until tomorrow. we've got a pretty strong warm-up on the way with maybe even an offshore flow. but today the marine layer's in place. mist and drizzle emeryville, lots of cloud cover and definitely a cooler afternoon. i'll have the forecast coming right up. >> all right. and also next madison baumgartner gives a strong start as the team looks for a start in st. louis. [ male announcer ] when meg whitman arrived at ebay,

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>> good morning, everyone. 14 minutes from the sunrise. you can see the blue rising there.

looking at the h. g. image from our rooftop camera. you see the bay bridge in the background. it's to be a chilly day in san francisco. if you're looking for the heat you may have to head to another part of the bay area. lisa argen joins us with the details. >> san francisco today a lot like yesterday but we had mid and upper 80s yesterday. not today in unland valleys. there's a change for you there but everyone experiencing warmer weather tomorrow. the view from mount tam this morning. lots of cloud cover. it's in the 60s there. . we will look at a cooler day much of marin county, especially mill valley. breezy but then this marine layer shrinking substantially tomorrow and into early next week. temperatures right now are cool, in the 50s. it's 54 in napa and fairfield. the fog extends to the delta and we are looking at mist and drizzle in oakland this morning. and also into the sacramento valley looking at the gray.

so it will be some time till it peels back. 55 half moon bay as well as san francisco. we really haven't seen much of a change day-to-day in the city. the peninsula, areas around the bay. but we will be looking at that mist and drizzle hanging on throughout the morning hours. so cooler today. sunnier sooner tomorrow. that's going to bring warmer weather as soon as tomorrow. much warmer weather for a couple of days next week. here's a glimpse what to expect. today back to the 60s and 70s. no 80s for oakland today. 63. coming up 5 degrees tomorrow and into the upper 70s by monday. livermore mid-70s. you were in the 80s yesterday. cooler for you. and then 80 tomorrow with 14 degrees warming from sunday to monday. and san jose losing about 4 degrees today. mid-70s tomorrow. so back where you were yesterday for tomorrow. and then 89 on monday. is it gonna last? stay tuned. i'll show you my seven-day

outlook. an area of low pressure just off the coast and that is diving south. that's moving into central california throughout the day today and with it a cooler pool of air. stronger push of marine area. breezy wind. but then we are looking for this to all change tomorrow. starting this morning lots of low clouds and fog. by 11:00, still the mist and drizzle from point reys and by afternoon some partial afternoon sun. the fog come back quickly clearing by 10:00 tomorrow. we'll look for high pressure to expand tomorrow. so that's going to mean warmer weather. today look for cooler conditions with only 73 in campbell. cupertino 72 today. peninsula mid-60s for san mateo. lots of clouds. late afternoon some peeks of sun. san francisco mist and drizzle and 61. north bay numbers definitely much cooler today with only 72

in sonoma. only 60s should do it for our near east bay communities. how about 56 in union city. you'll need the sweater today. over in the east bay valleys, taking some time to warm up to 73 dublin, 75 concord with gilroy coming in with partly cloudy skies at about 3:00. so today the coolest day. we just go up from here. breezy, earlier are clearing tomorrow. that marine layer disappears all together monday, tuesday for hot temperatures inland. 80s around the bay, 60s at our coast and it's short-lived. >> it really is. we're gonna cap our august with a little bit of heat item a little bit. >> thanks, lisa. coming up at 7:00 on "good morning america," the latest on the massive egg recall after another iowa producer is found to be distributing contaminated eggs. joining us with a preview from new york. makes me nervous to crack open an egg these days. >> it definitely dozen. listen to this. a half billion eggs recalled.

all about salmonella outbreak. the very latest this morning for you. plus as combat troop pullout comes to an end, the las brigade to leave iraq says the final good-bye to baghdad. a young man is killed by a bear at a private home filled with exotic and dangerous animals. we'll talk to the bear's owner live. the 14-year-old pitching fennom with her fierce knuckleball. teaching us how to pitch and can we catch her knuckleball. we're talking about bob coanchoring this weekend. definitely going to be a show worth watching. >> between the two of them, hopefully one can catch it. >> you never know with these two here! they need to stick to their day jobs. >> there you go. i bet that girl has a mean handshake, strong-arm. >> my money's on her.

>> absolutely. and tonight the oakland raiders are in chicago taking on the bears in preseason action. last night the giants travel to st. louis for the opening game of what could prove to be a crucial series in the wildcard race. collin halls the highlights in this morning's sports. >> good morning. jonathan sanchez applied the tourniquet to the three-game losing streak thursday night. keeping the pressure on friday night in st. louis. cardinals lose four straight coming in. baumgartner helping his own cog in the second at the plate. chopper up the middle. scores the game's first run. two batters later, buster pocze, a double machine lately. here's another one. splits the outfielders in right center. buddy sanchez will cross, 2-0 giants. where's this been all year. homers for the second time in as many games. his tenth of the year. to the fifth. two on, one out. coaxes matt holiday into the 4-3

double play. struck out five. aubrey, two for three after sitting out thursday night. number 21 on the season. giants get a 6-3 victory. phillies the winners. the a's placed connor jackson on the disabled list for the third time this year. marks the 23rd time oakland has used the d. l. in 2010. too short of the team record set in '08. she can't make up her mind. is it a good hotdog? jack huff completing the first comeback, finds his power. must center. solo shot, the game is tied. tampa bay has his in the 7th. 4-3 rays. a costly error in the 8th. right there. can't find the handle. scores.

what would be the winning run. make it four straight wins for oakland. 5-4 the final score. it's official. brett favre will start tomorrow with the 49ers at candlestick park. this he's calling it his fair well tour. when he's not there he'll handle ball to stanford star toby garyhart. toby ran for 24 yards in his preseason debut last saturday. he was just four years old when favre was an nfl rookie. >> i grew up watching him. a huge brett favre fan as a kid. had a brett favre jersey. so never would i have thought i'd be playing with him, you know, however many years down the road it is now. >> garyhart, last year's heisman trophy runner-up, third on the death chart tailback. familiar faces could help. >> mom says she's ordering 30 tickets. so probably somewhere between 30 and 50 so -- >> tim takes the mound tonight.

giants try to up their win streak to three games. mike shumann will be in with those highlights. with your looking at morning sports. >> the unemployment rate continues to rise in the south bay and recruiters are seeing the disexpiration for many people out of work for a year or longer. and there is something smelly going on at the san jose airport. why it could proveeeeeeeeeeeeeee

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♪ yet another sign the economy

is treading water. california's unemployment rate remained at 12.3% for last month. the state employment development department says california lost more than 9,000 jobs in july. most of those were actually temporary jobs with the u.s. census. california has the third highest unemployment rate in the nation. nevada is number one. and as abc 7's david louie reports hiring managers say they are seeing desperation an the faces of job applicants. >> still a lot of negative faces. people have kind of given up. you see when they first start the interview they're just not all there. >> recruiters see the desperation of people being out of work a year or longer. the situation is not getting better. the jobless rate rose a notch to 11.5% in july up from 11.4% in june. while one-tenth of one percent may seem insignificant, it represents a loss of 4800 jobs.

>> have you ever shown desperation in a job interview? (laughter) >> i don't think so. but i never got the job from the interview so maybe i did. >> so instead of a job fair, trenty cathedral, the group and the city of san jose organized a panel discussion and resource fair to help people get jobs. >> the emerging technology sectors, a lot of people don't know how to search for jobs in that arena. the value of having this kind of panel and resource fair is get people comfortable in applying for these new jobs that are available as we heard this afternoon. >> recruiters and career coaches lamented there are so many job seekers today they're flooded with resumes. >> they don't know how to sift through that. they just don't know how to take out the best. >> more than half the 50 job seekers here said they were in career transition. they needed to find jobs in new fields and get the necessary skills and training. but they know now to be positive despite the odds of getting turned down. while this wasn't build as a job

fair, one employer, sun power, said they had 80 openings now and 100 coming online next year. that number is not going to do a lot to move the unemployment needle. at san jose city hall, david louie, abc 7 "moneyscope." >> abc 7 and the california job journal are hosting another job fair that includes a special section for healthcare workers. it's happening on august 31st at the hilton garden inn in emeryville. you can find out more information at abc7news.com. we have it under the "see it on tv" section. there may be a light at the end of this tough job tunnel if you are looking for a clean tech job. bay area based solar cities one of the nation's top provider of sun-powered panels will soon be hiring. plans to add 100 employees at its corporate headquarters by the end of the year and possibly up to 70 more next year. because the company's growing so quickly, it's also relocating its foster city headquarters to a new san mateo office that's

twice as large. founded in 2006, solar city offers design, finance and installation of solar panels for residents, business owners and government agencies. all right. in san jose, they are dealing with an unpleasant problem at the newly renovated airport. it is a foul odor, a scent that is as mysterious as it is persistent. we went to san jose international to see if we could sniff out the problem. >> there's an illusive problem at the san jose international airport. it's lurking behind closed doors on the first floor of the newly renovated terminal a. you can't see it but apparently you can smell it. >> this is described as a smell, a sewer smell. a sewer pipe. >> the airport first got reports from airline offices about this unpleasant smell in april. the theory is something happened during construction, something perhaps disconnected or broke during the work. but months of inspections of the plumbing system have turned up little. >> we've done smoke tests,

pushing smoke through the plumbing system in the middle of the night trying to find leaks in the system. we've done that three separate occasions. >> a few leaks were found but that hasn't stopped the nauseating smell from resurfacing. >> we've flushed drains multiple times, sent tv cameras down the sewer lines and another test next week. we've been on this night and day for months and it comes and goes. >> airlines working in the smelly zone. fortunately it's sticking to a secure area of back offices. the affected area is behind that closed door there. i have spoken with numerous employees who all tell me it really stinks. someone like you put your head into a sewer. unfortunately though none of them have permission from the airline corporate offices to take us back there. >> these pictures show some of the short-term remedies the airport offered. >> we put fans in place and put some air fresheners in place. picnic tablings outside to have lunch breaks.

>> there was commentary about airline offices withholding hundreds of thoughts in rent payments until the problem is fixed but the airport denies that. the quest to remove the odor continues. >> this week the airport plans to run another smoke test. this is a test where the smoke is blown through the sewer pipe and crews look to see if it's blowing out from anywhere which would indicate a leak and those workers can only hope. in san francisco the off-ramp that connects to park presidio will be closed this morning as crews do tree removal. it's part of the $1.1 billion doyle drive replacement project. the off-ramp will be closed today and tomorrow morning from 5:30 until 11:30 a.m.. it will also be closed for three weekends in september. to by pass the closure, southbound drivers will be having to go to lombard or vanness avenue and then on to gary boulevard. looking for some weather forecasts? here's the expert. >> well, the sun just came up three minutes ago and we're

looking at lots of clouds. not only the clouds, the mist and drizzle across the bay and the fog is sent into the sacramento valley. so that may be nothing new but we have a warm-up in store, a big one to talk about. that's coming up next. >> looking forward to it. well, also ahead, the cutting edge hotel now open in the wine country and why it could be the forerunner of hotel design in the u.s. fiber one chewy bar. how'd you do that? do what? it tastes too good to be fiber. you ma it taste like chocolate.

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good morning everyone. the sun rose six minutes ago and you're getting quite a gorgeous look from atop mount tam. look at that marine layer below. is it going to completely burn off? lisa argen says probably not. expect it to be rather chilly. grab a jacket. if you're heading way inland that's where you'll get a little more sunshine today. in terms of weather, we have had a strange summer. the coolest average temperatures since the '60s. but weather that's weird to us is actually really worrisome to the grape growers of the wine country. >> just another weird summer morning in the napa valley. fog on the mountain, grapes on the vines and wine makers contemplating this season of local cooling in a time of global warming. >> usually this time of the year we're in the mid-90s. we're in the mid-80s. >> we've had a cooler summer. i think it's related to the heat inland, pulls in more of the

coolness. >> napa growers and wine makers met with reporters in an effort to calm fears and squash rumors about how 2010's odd weather will affect the next generation of wines. >> i would say it's cooler, about two to three weeks behind a typical warm vintage. >> the truth is you will never hear a wine maker say this is going to be a bad year because of the weather. they're not paid for that. they're paid to take what nature gives them and make a good vintage out of it. but this year truly might be special because the weather has been so distinctive. each vintage has its own signature. john works around and with the weather all season. in times of less sun, he's had his workers trim more leaves. to assure better quality grapes, they might have let a few more fall to the ground. >> i use flowers to attract beneficial insects. >> the good news this year's slow warming has not spiked the sugar content as it usual would,

the danger that later ripening will mean a compressed picking season possibly into november when the rains come. >> a day of rain is not a problem, especially if it warm up after. a week of rain is a bigger problem. >> history shows a big up side. vintners say previous seasons have produced some of the most distinctive vintages in recent memory. a matter of less that could yield more. from the napa valley, wayne friedman, abc 7 news. >> and talking about the cool weather in wine country, it's still continuing. >> right. nice and sunny in that shot. some sunshine a little today. much more tomorrow and some heat. dare i say that? well, yeah, looks like we're looking sat temperatures into the 90s. we'll call it hot inland by monday and tuesday. right now lots of low clouds and fog. mist and drizzle at the coast. it's in oakland. the fog or low clouds extend locally to the sacramento valley. it's going to be slow clearing

today. that means cooler temperatures, a stronger onshore push and it all reverses tomorrow. 59 sunnyvale. good morning san jose, 56 for you. drizzle from half moon bay to san francisco and mill valley and into oakland and emeryville this morning. so low clouds, misted and drizzle. turning sunny tomorrow. cooler than yesterday. no 80s to speak of. we had the mid, even upper 80s yesterday. those are gone just temporarily. much warmer weather arriving next week. today an area of low pressure, surprise, surprise! off the coast. travels inland. and as it does, it brings that cool flow of air our way and allows the marine layer to really settle into our valleys this morning. we're not gonna see it much in the way of clearing throughout our coastal areas today. even around bay. so by later on today, the fog trying to peel back away from

san leandro. add half moon bay, san mateo coast, even santa cruz today. we will be looking at some windy weather in the sierra nevada. that's bringing high fire danger. the greater lake tahoe area with upper 70s there today. upper 80s throughout the southern sierra and the heat holds for fresno at 95. some of that heat expanding northward. that's where our warming trend is coming from tomorrow, really getting underway monday and tuesday. today just clouds in monterey at 62. low 70s santa clara, 76 los gatos. 72 cupertino today. lots of cloud cover abeing lo the peninsula. the mist and drizzle throughout the day. only 57 pacifica. mid-60s san mateo. cooler day for you. cooler in san francisco with later clearing. 61 downtown.

coming from airport delays. 68 san rafael. a couple 70s, not many. even up in sonoma, 72. widespread 60s here. breezy conditions. a very gray, cool day. but it's not gonna last. so today the coolest day you'll see in hayward at 64. and over the hills today coming down for you out of the 80s, only 74 in danville, 75 livermore. even by the delta. some late morning clearing with 77 in pittsburgh. 65 in salinas. only 72 in hollister. we're even cooler today but things will reverse itself tomorrow with low clouds and fog. mid 80s inland. 10 degrees warmer monday, tuesday. even still pleasant on wednesday with slowly temperatures trailing off thursday and friday. so it looks like a much warmer week starting tomorrow. >> and then comes that low pressure again. >> yeah. >> anymore high pressure behind

it? >> we'll see. >> thanks, lisa. >> seems like everyone's going to go green. hotels try to green themselves up to attract a growing number of eco conscious visitors. dan ashley shows us a bay area hotel these an extreme example of this growing trend. >> in sonoma county, heelsberg is increasingly becoming a destination for tourists visiting wine country. also where you'll find the city's newest hotel. >> the actual site used to be a gas station. >> jason farmer is director of sales at h 2 hotel, a new green hotel that opened in july. >> obviously we're doing this to save money. with the hotel itself by saving energy usage. but it's really the future and i think our consumer and our guests really appreciate the value of a green hotel. >> everything from the guest rooms to the lobby was designed

with the environment in mind. >> essentially all of the materials in the interiors and in the hotel are sustainable; that is, they're reused, recycled, local. >> even the tables in the restaurant are made from reclaimed wood. >> this is all locally harvested within -- probably mostly within northern california but certainly within the larger bay area. >> rather than jumping into a car, you can check out a bike to get around town. and, of course, a green roof helps top this project off. >> so you can decide to make a building rich and wonderful in various ways. and greenness is one of the good ways to do it because it saves money over the long-term and it's something we need to do for future generations. >> the h 2 hotel is hoping to get what's called lead certification from the u.s. green building council in the next couple of weeks. they set the standard for

environmentally responsible building. the council said california has more green who is pa -- who is pa at that timety than anywhere in the nation. collin johnson is an associate professor at the department of hospitality management. >> most this idea of buying into sustainable development, looking th of course, produce very attractive cost savings. >> johnson says european hotels are much further ahead of the u.s. when it comes to greening up their hotels. small hotels like the h 2 are planting the seeds of change local will you, but he says it's just a matter of time before the big chains follow suit. >> not just northern california or new york but throughout the world. >> the h 2 hotel isn't just

greening its rooms, it's also helping clean up a nearby creek. don't go away. we have "7 on your side" up next. >> a $1 movie

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relief that's icy to dull pain, hot to relax it away. and no mess. don't mess around with pain. this weekend maybe you rented a movie, maybe even from one of those bright red kiosks that let's you rent a movie for just one dollar. but watch out. the vending machines that look alike may actually not be alike and your cheap movie, that could turn into a huge fine. here's 7 on your side's michael finney with a warning. >> this red box vending machine let's you rent a movie for only $1. you slide in a credit card, it gives you a dvd and you can return it to any of the

thousands of red box vending machines all over the country. that's what pete courtdid or so he thought. >> they both say a buck for a rental. >> this red kiosk, he returned them on time the next day to this red kiosk outside 7-11. here's what pete didn't know. this red box and this red box may look nearly identical and offer the same deal but they are actually owned by separate companies, dvd play and red box. >> what i found out later is that i had returned the wrong company's dvd into the wrong vending machine. >> the vending machines didn't provide receipts for return. so he had no idea anything was wrong. >> there was no red flag says, hey, where's our disk. and it didn't give me a warning to say this isn't our inventory. >> days later he was socked with

late fees, a dollar a day for failing to return the movies. the fees kept racking up, too, until he was charged the maximum of $25 for each of the three dvd's. peter was now on the hook for 75 bucks for movies he didn't even get to keep. he says the two vending machines are so similar, other consumers are bound to be confused, too. here they are in side by side photos. both boxes are red. both charge a buck. both use a similar touch screen selection system. >> and i could not tell the difference. they seem like they were the exact same company. >> so peter contacted "7 on your side." turns out he wasn't the only one to confuse the two boxes. a woman up in napa wrote to me saying she too had returned a movie to the wrong red box. and also was socked with a late fee. we contacted dvd play and red box. both companies told us the similarity in their boxes was

totally inadvertent. both companies also said their kiosks are supposed to accept only their own company's dvd's. however, they are acknowledged there have been mix-ups in the past. so what about peter? >> i talked to them and they indicated that this does happen all the time. >> dvd play agreed to refund half his late fee. it said it will refund the rest of the money if the movies are found and returned. and red box, it agreed to rummage through its kiosk looking for those dvd's. >> if i'm lucky, the other vendor will send the dvd back to the other company. >> now, the last we heard, red box had not yet located those three movies but promised to keep looking. both companies urged consumers to check the company name on the actually dvd before returning it. one final note? dvd play is merging with blockbuster express and all its vending machines will soon be bright blue so there should be

less confusion in the future. i'm michael finney, "7 on your side." >> coming up next, a story you'll get a real kick out of. the rockettes are bringing their timeless routine right here to the bay area. you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about youfiber too. i have for while. ok, carl. why don't you care about her fiber? hey carl. [ male announcer ] fiber one. cardboard no. delicious yes.

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4, 13, 20, 29, 48 and the meganumber is 36. nobody correctly picked all six numbers. tuesday night's draw is estimated at $115 million. one of the great holiday classics is the radio city christmas spectacular starring the rockettes. it has been around for 78 years but if you can't make it to new york, they're coming our way in december. arts and entertainment reporter don sanchez has the story with a kick to it. ♪

>> the radio city rockette spectacular is a tradition. includes a number from the first production 78 years ago. the wooden soldiers. but the rockettes aren't stuck in 1932. >> we keep evolving with the times. i think that's why it's still relevant and has been so successful. >> they're here to promote the december show at oracle arena and h. p. pavilion and show us their signature. >> we rehearse six hours a day six days a week in order to retain that. we bring our legs up at the exact same time and down. it takes a lot of work and takes a lot of practice. ♪ >> these arena shows, a cast and crew of 150 including 18 rockettes, 1300 costumes, 22 trucks, 9 buses.

their heights are different but on stage they look the same. >> we make it san illusion. we put the tallest girls in the center and then they go out to the shortest girls at the end. >> all of these women say being a rockette is a dream but it's very competitive. >> definitely have to stick with your dance training. ballet, tap, jazz. very important. >> my dream is not to be a rockette but they insisted. what for? what form. you know, they'll be back in mid-december where they have the show. what do you think, i could be part of the group or not? >> absolutely. we'll keep you in mind. >> i don't think the costume's gonna work. don sanchez, abc 7 news. >> and step! >> i think he should keep his day job. a last look at the weather. >> all right. lots of clouds out there. mist and drizzle, only 61 in san francisco. 63 oakland. sunny in concord. that's later though.

mid-70s. look for a lot of clouds in palo alto, 68. today a stronger push of marine air. a cooler day. temperatures coming out as much as 5 degrees in morgan hill with a high of 78. but look at tomorrow. the clouds thin out earlier. we're warmer by 5 to 7 degrees. hot days arrive monday and tuesday. lingering in our east bay valleys into wednesday and slightly cooler at the end of the week. so lookin' better. >> thanks, lisa. and thanks for joining us. next newscast starts at 3:30 because of [ female announcer ] mission presents well-rounded family meals for $10. all it takes is a few ingredients and delicious mission flour tortillas. for budget-friendly recipes go to missionmenus.com.

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