great pictures some so foggy. >> clear shot of the fog. >> good rning i'm terry mcsweeney in for eric thomas. and i'm kristen sze thanks for joining us this morning san jose crews begin cleaning out a homeless encampment in kelly park after suspicious fires. katie marzullo is live at the park with more. >> reporter:ed this saturday the city's has given homeless who live in this park until 7 a.m. to clear out and leave if not they could face citations of passing and potential criminal prosecution. monday the city posted fliers

with warnings to that. crews will be coming through at 9 a.m. and clear out anyone who has not cleared out. the city is worried about environmental issues and pollution also fire. kelly park has seen at least seven fires in the past two weeks. small grass fires that have not done any damage to homes and nobody has been hurt. still, they are dangerous. the city is not blaming the homeless people for starting the fires. still, they are news about the fires and need to put any kind of cooking or heat supplies that happening in the park. it should come as a relief to neighbors who are worried about the homeless camps in the park because they are the fires have been burning so close to their condominiums. the city coming through at 9 a.m., homeless given a deadline of 7 a.m.. the city will work with the homeless people to see they get into a shelter or get the services they need.

katie marzullo, abc7 news. this morning, fairfield police investigating a shooting that that sent one man to the hospital. it happened before 10:00 last night on dan drive. someone opened fire on a 22-year-old ---year-old man standing in front of i apartment building the victim in the hospital in stable condition. police have no reason to believe this shooting is gang-related. the wife of suspended sheriff ross mirkarimi resumes her testimony today in front of the commission considering whether her husband should keep his job. eliana lopez was the star witness taking the stand for half an hour last night. mirkarimi was suspended without pay in march, shortly after he pleaded guilty to false imprisonment for bruising his wife's arm. lopez talked about that bruise and her divorce. but told the commission the couple has not reached any final decisions. amy hollyfield will have more on lopez's testimony in the

next half hour. san francisco police investigating fatal shooting involving an officer it happened yesterday in the district. police say the still unidentified man used a box cutter to slash a colleague. the man began walking south, police caught up with him an officer opened fire when she said he lunged at her with what looked like a knife. the stabbing victim told police he barely knew the man who slashed him. members of the state senate have approved a little belt-tightening on themselves. the senate has approved a one year pay freeze for its member which the president pro tem describes as the latest money saving move. a spokesman for the taxpayer's association calls it window dressing. spokesman says that chamber has no plans for a pay freeze.

san jose officials will hold a permit hearing for a luxury casino card room that has had opening delayed. it was supposed to have been open in april but the city has delayed issuing a permit over regulation issues the casino owner has again to court but has lost. many workers' jobs and incomes have been on hold. casino matrix is the 50 million dollar reinvention of the garden city casino. federal judge has upheld california's foie gras ban for now. several foie gras providers asked for a temporary stay until the battle is settled in a california court. the foie gras makers called the law vague and say it is costing $11,000, per day in lost revenue. a judge ruled that doesn't rise to the emergency level required for a stay. the judge says he will hear

the case august 29th. workers will be begin fogging to kill mosquitoes that may be carrying west nile following the discovery of two dead birds infected with the disease. officials are warning contra costa residents to wear mosquito repellent. homeowners urged to remove standing water especially neglected swimming pools. today's fogging will be in brentwood. residents evacuated from the fire in the sierra foothills are back home this morning several forced to leave were happy to see their homes still standing and in good condition. flames came within half a mile of some of those structures fire burned four square miles, full containment expected saturday one home destroyed, 12 injured, most firefighters none of the injuries serious mostly heat exhaustion.

the fire danger as gone done in -- gone down. >> looks like wet grass today. >> let's talk to mike about that. definitely around the bay, like san francisco, coastal valleys where we have the thickest clouds and most likely area to have drizzle possibly east bay hills now everybody else is dry this morning. good morning. winds calm everywhere except west nine at sfo, fairfield at 16 not too breezy outside this morning i think the clouds will pull back to the coast as quick as they did yesterday or break up. we have pockets of drizzle, low to mid 50s through 7:00, clouds break up by noon, 50s at coast, the rest of us low to mid 70s mild for lunchtime, 4:00, high clouds and sun, low

60s at the coast, low 70s bay, 80 inland. as far as pollen today, steady around high amounts for tree and ragweed and moderate amounts of grass and mold. warming trend on the way back to average tomorrow and warmer than average with a lot of sun in the afternoon even at the coast saturday and sunday. time for traffic here's sue. good morning. back to the east shore freeway you can see it now the fog keeps coming and going. now it is clear and the roadway looking good no significant problems into the macarthur maze on your way to the bay bridge toll here's what will find, no traffic no metering lights light upper deck into san francisco and on into the bay area as far as san jose goes we have no traffic here, just a couple headlights streaming through your screen from san jose towards cupertino highway 17

overcrossing no problems out of santa cruz mountains at this hour. accident in the have a low area 78 eastbound -- 780 eastbound before glen cove out of lane on the right shoulder big rig and car mixing it up there. roadwork through southern marin still slow, two left lanes until 6:00 this morning open we'll keep an eye on. 5:09. next, new report out this morning reveals the toll the housing crisis is taking on homeowners in the worst position to weather the storm. decorated east bay war vet gets a new home, mortgage-free. finders keepers the story about a girl and a $100 bill. ch®

heryit fi 'me t heryit fi ®toerpa viwo[ erke 'me t kee heryit fi ®toerpa vn ,[ bevi 'me t >> closed captioning brought to you by mancini sleepworld. good morning. wall street will try to build on two-day rally overseas markets higher encouraged by u.s. corporate earnings s&p 500 at a two month high. the postal service could see the first default in its

history it owes 5 1/2 billion dollars to a health fund on august 1st. but says if congress doesn't act it will miss the payment. stunning new numbers with the wealth of the walton family heirs to wal-mart fortune 89.5 billion dollars worth nearly as much as all-american households in the bottom half of earnings combined almost 49 mill kwrofrpb households. frito-lay taking to facebook tomorrow. that's america's money. san francisco judge has rejected a court challenge to the city's approval of a plan by at&t to install hundreds of utility boxes in public rights of way. installing the huge boxs to -- coalition of community groups say it is an eyesore and going to be a magnet for graffiti. the judge refused to order a reversal of the approval.

spokesman for the groups that file the lawsuit say appeal is likely. report just released says more than 1 1/2 million older americans have lost their hopes to foreclosure millions more at risk of losing their home. 600,000 people who are 50 or older are in foreclosure. 625,000 in the same age group are three months behind on their mortgages. 3 1/2 million, 16% of older homeowners are underwater meaning the home value has gone down and owners owe more than their homes are worth. aarp says proportion of loans that are delinquent jumped to 450% millions more at risk as housing crisis takes toll on those who are among the worse poe serbs to weather the storm. older african-americans and hispanics are the hardest hit. good news for local

realtors today the median price of a bay area home is nearing a four year high. sales were up 10% last month and typical price of a home in the nine county region rose to $417,000. before you put the for sale sign on your lawn it doesn't moon your house has risen in value it does mean that higher end homes are selling better. the service attributes increase to ultra low interest rates. marine and his family waking up in new home thanks to their community. the marine did three tours of doubt any iraq and earned a purple heart after suffering a head injury from an ied. brandon and his family received the house through bank of america and the military warriors support foundation a non-profit that helps to provide mortgage-free hopes to soldiers injured during combat. they were handed the keys yesterday learn more about the program on abc7news.com.

concord food bank now doing even more to bring health and nutrition to its customers, using a refrigerated truck to bring the food directly to people in need. fresh fruits and vegetables are being distributed in low income communites. the truck goes to 20 sites every two weeks. >> initial sites, 50 people our projections were 100 to 150, i think we'll be there in a month or two people are going back telling friends and neighbors. easy sell. >> sounds like it. clients go home with 5 to 10 produce items. food bank of contra costa and solana county was the setting for a meeting. eric thomas hosted the

discussion last night. >> oh eric? >> yes, our eric. and our president and general manage area tended. dozens of community agencies turned out to tell us about their needs and concerns some of the issues lack of funding caused by cuts at state and federal levels. we heard about non-profits and the good they are doing including work with local food banks, youth, homeless and struggling families. >> over 50, lost my job, didn't know way was going to do and found opportunity junction which is a non-profit in antioch and i learned computer skills. >> if your group would like to team up with abc7 to host our next meeting go to our community page at abc7news.com/ community and click on abc7 listens meetings. look for those stories in the near future.

eric is not here this morning, because he has jury duty. >> that's right, civic-minded eric is not here. >> he -- a 5-year-old in novato has $100 thanks in part to her sharp eyes. she found the c-note three months ago, at dollar tree in novato. she turned it into police, talk about civic-minded. by law any item not claimed in 90 days goes back to the person who found it. she plans to spend some of the money on a toy dog and bounce house at the novato farmers market. >> great for her. >> fantastic girl. >> i usually make my kids save 90% and spend 1%. -- 10% my math didn't add up. >> you are taking a 9% cut? >> thank you very much.

[ talking over each other ] getting the kids out today maybe a jacket in the morning. >> yeah, by the afternoon warmer, warmer tomorrow hottest over the weekend thankfully, most of the camps are over by then, then the kids probably have games. we'll keep an eye on it here and you can keep an eye on it, a lot of water needed as we start to ram up temperatures. looking down the embarcadero to the south ferry building, bay bridge top of it right now looks like the clouds are lifting a little. live doppler very active almost looks like a winter-type return with all the showers and thunderstorms just to our east and south and guess what, they are going to rotate around us. rain would be a pain for the morning commute, nice and refreshing to have a little rain, settle the dust down, baby green thing up hail, take away the fire danger, unfortunately going to miss us

by 100 miles. 60 san jose, mostly cloudy everywhere mid to upper 50s. mid to upper 50s monterey bay. today it will be warmer than yesterday, still not quite where we should be two degrees warmer san francisco at 66. 80 napa, 70 oakland. livermore 84. 77 redwood city and san jose. let's talk about temperatures in the south bay, los gatos sticks out at 80 everybody else mid to upper 70s. low to mid 70s most of the peninsula 77 redwood city as you need south bay upper 70s los altos and mountain view. mid to upper 60s downtown south san francisco and sausalito pockets of sun along the north bay coast low to mid 60s inland mid to upper 70s sprinkling of a few 80s berkeley 69.

east bay valleys low to mid 80s for the warmest weather along with morgan hill and gilroy, drop around 10°, santa cruz at 73, 67 monterey sticky cloud there is. yankees in town partly cloudy and breezy at the coliseum 7:05 first pitch, dropping to 56°. tonight clouds still around the bay and the coast some will filter into the east bay valleys and santa clara valley maybe more than what we are seeing this morning. two to four degrees warmer tomorrow, two to six degrees warmer saturday then summer warmth hangs out noor -- hangs out spilling into next week. good morning. live shot of the san mateo bridge brake lights westbound before you hit the highrise to foster city we don't have reports of stalls or accidents. eastbound moving with well and no fog there, good news.

san rafael southbound look at taillights past the civic center into central san rafael, roadwork in the cortamadera area should be picked up by 6:00. here's your bay bridge commute, upper deck smoothly into san francisco light on the incline section no metering lights. accident 780 eastbound before glen cove a car vs. big rig out of lanes on the right traffic getting by without delay. we'll up as soon as they get the tow truck. roadwork southern marin southbound 101 until 6:00 this morning between cortamadera and sausalito. there's a reason she lost her voice. >> 9th inning of the a's game specifically. late inning drama for the giants as well as the a's. giants close it out extra innings they need a new closer. >> we'll explain that. and the dark knight rises with

ticket prices.

good morning. 5:25. traffic on 68 -- 680 in walnut creek moving fine roads wet in some places. most fully san francisco along the coast and around the bay we'll check in with mike and

talk about that and sue checks your traffic, coming up. we want to thank those of you who have contributed to the sleep train foster kids dream campaign one dollar donated for every like we get on our facebook page so please do that. here are three people who have done that. to like us on facebook go to the news page. >> are we liking this? we are liking it, the giants looking for a sweep in atlanta today after taking extra inanyone'ses to beat the braves. -- extra innings to beat the braves. the giants were leading 3-1 bottom of the 10th, two outs. imagine this, -- [ unintelligible ]

crawford with a three run homer the the -- not the only one. giants finally win 9-4. a's beat the rangers with -- [ unintelligible ] >> it was hicks first major league homer. the a's beat the rangers 4-3 and split two game series a's welcome yankees tonight that was fun. >> and it all without video. controversy swirling around the opening of the latest batman movie "the dark knight rising" hits theaters midnight tonight. a website cut off comments after some users viciously attacked critics to gave it mediocre reviews.

scalpers are asking for $30 to $41 seller wants $600 for four tickets. >> stop! >> i will not stop, i want more lines. next the stars of television are up early this morning for a big announcement, we'll take you live to hollywood for the emmy nominations. also, the star witness in the ross mirkarimi ethics hearing takes the stand. we are live with how eliana lopez is coming to her husband's defense. tragic case of road rage car races out of control sends a woman and her child to the hop. >> police investigate a rash of neighborhood burglaries. the surveillance video that could lead them to a suspect. today warmer mid to upper 60s along the coast, san francisco low to mid 70s around the bay even 80s inland with warmest weather in the east bay valleys, 106

st. louis today, phoenix 80s and 90s most other areas all major airports, local

good thursday morning. thank you for join us i'm kristen sze. i'm terry mcsweeney in for eric thomas. dramatic moment at city hall yesterday as eliana lopez the wife of suspended sheriff ross mirkarimi testified before the ethics commission. she is fighting to get his job back, she with him all the way. >> reporter: she downplayed what happened on december 31st. even though it had been described as a heated fight. eliana lopez told the commission yesterday it wasn't what ross mirkarimi did to her that scared their 3-year-old

son but it was her reaction to it that scared him. neighbors had described a much more violent situation. lopez turned to a neighbor to videotape the bruise from where ross mirkarimi grabbed her in her testimony she said mirkarimi did use profanity she told him not to talk to her that way and he apologized. lopez admitted she scared not in the way the attorney questioning her expected. >> how i feel? i feel scared. >> even now you feel squared? >> absolutely. >> that you would lose custody of theo. >> why i'm in venezuela because i'm so ed of all this -- so scared of all this madness. >> reporter: mirkarimi was suspended by the mayor when he pleaded guilty to false imprisonment. lopez flew in from venezuela to testify her airfare was paid for by private donors. she says they will decide as a

family if she and theo will continue to stay there. she expected to testify again today. amy hollyfield, abc7 news. the mirkarimi's son remains in venezuela you can see the 3-year-old theo coming up. dan noyes did an interview with lopez in venezuela in may. abc7 news will be there when lopez returns to testify later today. the panel is expected to make recommendation on the sheriff's future to the board august 16th. new this morning, two innocent people are recovering at a hospital after their car was hit by another vehicle during a police chase last night it happened 9:00. police were trying to stop the driver of an suv who was driving erratically the suv broadsided a vehicle injuring the two in the car the suspect from the suv got out and ran

an off-duty sheriff saw him, chased him and realized him. authorities from san jose will move into kelly park to clear out any encampments remaining of the three suspicious fires were set within a 12 hour period. warning signs went up monday giving peep advanced notice of the sweep. -- giving people advanced notice of the sweep. san francisco police are ramping up efforts to capture two sexual predators. investigators released a sketch of one wanted for assaulting a woman in the mission district last month. he is described as a black male between 20 and 25, 5'4, about 140 pounds. his accomplice, only described as hispanic male police have not released anything more if you recognize this man, please call san francisco pd.

road rage blame ford an accident that sent a mother and her 1-year-old daughter to the hospital incredibly they suffered only minor injuries. sky 7 hd was overhead after the driver lost control of his car jumped the curb and hit the woman and girl who was in a stroller. witnesses say the white nissan started veering out of control. >> starts fishtailing no sign of stopping, comes up hits the corner, hits the lady and two kids. >> the 5-year-old boy was not hurt. doctors released the mother last night the little girl was health overnight for observation. police identified the nissan's driver as a 21-year-old of union city. he's in police custody. investigators say he was involved in some sort of road rage altercation moments before the crash. santa clara police asking for help in finding a man reported missing.

police say the 32-year-old left work in mountain view for lunch yesterday and never returned. he was last seen at a store in santa clara about 1 p.m.. police found his cell phone, they say his disappearance is suspicious. he is 6'1, 195 pounds brown hair and brown eyes. once again we have the return of the fog and drizzle at least in parts of the bay. >> but thinning a bit as we see more of the bridge. >> mike? good news that the fog has lived in a few areas we still have coastal valley drizzle, coastal drizzle and showers that got as close as tracy to bringing much needed rain moving east. temperatures are in the 50s pretty mild under the cloud cover and visibilities are fairly unlimited until you go half moon bay, two miles there,

nine fairfield eight santa rosa where some of the clouds are thicker. area of low pressure spinning, pulling away from the coast and weakening this is what left of tropical storm fabio the moisture the remnants what is moving to our east. in between, we'll see high pressure start to take over and warming trend today, 50s through the 7:00 hour thickest clouds around the bay and to the coast. by noon the drizzle has dried and mainly cloudy at the coast 50s, 60s and 70s around the bay, 70s inland by 4:00, reached highs for the day, 70s, 80s east bay valleys. 60s and 70s for the rest of us. tomorrow temperatures back to average. saturday and sunday warmer 90s inland, 80s around the bay and 60s at the coast. unfortunately, first reports after accident off of the bay bridge westbound skyway at 7th, accident blocking two left lanes we'll be following that for you i'm not sure of the exact back-up,

live look at the bay bridge in a second. we have earlier accident good news 780 eastbound vallejo that accident is cleared. no delays for mass transit. here's a live look at the bay bridge, the accident not backing things up on the bay bridge yet. we'll follow that four. 5 39. wow, something going on in l.a. in a little bit. >> a lot buzzing down there with this year's emmy nominations. can mad men win a record fifth. you are wearing pinstripes in honor of the show. >> and i'm a mad man. and when it comes to comedy, girls and new girl hoping for a nomination. live picture, jimmy kimmel and kerry washington of scandal will be hosting announcements. >> kimmel stepping in the last

minute to host. -- >> 15 seconds you hear the cues from the director down there. >> exciting stuff. last year the big winner mad men, modern family, good wife. who will be nominated this time around? probably five seconds now. >> the wards will be announced right here september 23rd. right now to l.a. for the emmy award nominations. [ applause ] good morning i'm bruce rosenblum chairman and ceo of the academy of television arts and sciences. welcome to the 64th nominations announcement. this is truly a golden age of television. this morning, we are honored to unveil those who are in the opinions of our members, at the top of their crafts. joining me for the presentation this morning is the starve scandal, ms. kerry

washington. and the host of the jimmy kimmel live, mr. jimmy kimmel. [ applause ] >> kerry, jimmy thank you for being here this morning. >> this is a sex dream, isn't it? [ laughing ] >> wow! >> they roused me out of the bed in the middle of the night last night. >> clear this could be just as good at noon. >> jimmy, who are you wearing? >> this is from the husky baby collection, thank you for asking. ladies first. >> nominations in the drama category are: boardwalk empire. breaking bad. downtown abby, game of thrones, homeland. and mad men.

>> finally. the nominees for lead actress in a drama are: kathy baits, harry's law. glenn close damages. claire danes homeland. michelle dockery downtown abby. juliana margolies, the good wife. and elizabeth moss, mad men. >> for a lead actor in a drama the nominees are: hugh bonneville downtown abby. steve by me boardwalk emfire. -- steve by me, michael c hall, dexter, john hamm mad men and damian lewis, homeland. >> for outstanding mini series or movie the nominees are: american horror story. game change.

hatfields and mccoys. hemingway and gilhorn. luther and sherlock a scandal masterpiece. >> nominees for lead actress in mini series or movie are: connie brit continue, american horror story. ashley judd, missing. nicole kidman, hemingway. julian moore, game change and emma thompson, the song of lunch, masterpiece theater, just masterpiece. >> the nominees for lead actor in a mini series or move you are: kevin costner, hatfields and mccoys, sherlock a scandal, masterpiece. idris elba, luther.

woody harrelson, game change. clive owen, hemmingway. bill paxton, hatfields and mccoys. >> the nominees for outstanding host for a reality or reality competition program are: tomberg ron dancing with the stars. kat deely, so you thing you can dance. phil hogan amazing race, ryan seacrest, "american idol" and betty white, betty white's off their rockers. >> only old people get up this early i guess. [ laughing ] >> nominees for reality competition program: amazing race. dancing with the stars. project runway. so you think you can dance.

top shep. and the voice -- top chef. and the voice. nominees for variety series are: the colbert report. daily show with jon stewart. jimmy kimmel live. [ cheering ] >> late night with jimmy fallon. real-time with bill maher. and "saturday night live". >> should i give a speech now or what? how does this work? that could have been very uncomfortable. the nominees for lead actress in a comedy series are: zoe new girl. lina dunham, girls. edie falco, nurse jackie, tina fey, 30 rock. julia louie dreyfuss, veep. melissa mccarthy, mike and

molly and amy poler parks and recreation. >> nominees for lead actor in a comedy series are: alec baldwin, 30 rock. done cheadle, house of lights. -- don cheadle, house of lights. louie, jon cryer, 2 1/2 men. larry david curb your enthuse and jim parsons, the big bang theory. >> now we are going to complete the emmy announcements by bringing back bruce rosenblum to announce the final category. here he is ladies and gentlemen, bruce. >> thanks jimmy and kerry. >> except for the comedy series you have seen everything that is going to be nominated for the emmys this year. all-star cast how cable and movies are interacting kevin costner, kathy baits glenn close, ashley judd,

nicole kidman. dancing with the stars did well the host as well as the show. >> you can get the full list on abc7news.com and watch the show on sunday september 23rd. jimmy kimmel will be the host. it is a first time for him the show will be live from the nokia theater in los angeles. right now, not in our backyard. chick-fil-a looks to move into silicon valley. why some neighbors say

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>> closed captioning brought to you by mancini sleepworld. . in mountain view the planning depth has given chick-fil-a the green light to open some want that decision reversed they want chick-fil-a to go. david is one of those residents who doesn't want a chick-fil-a drive-thru moving in and take over the spot now occupied by a sizzler. he says it would bring extra traffic to the area. there's a perception that chick-fil-a's president is against gay rights. the mayor says politics and gay rights don't weigh into this decision the restaurant was approved last week.

5:50. next more bad news from the agri

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good morning. 5:53. >> yes i knew that.

>> go ahead ladies first. >> no that's okay. we have fog out there although it is clearing a little. >> warmth on the way. >> i'm focusing on the bad now. just kidding. >> here's mike nicco. [ laughing ] >> live doppler 7 hd showers to our south, thunderstorms in southern california unfortunately, we need the rain but this is all going to slide just about 100 miles to our east. we have drizzle in our coastal valleys about as much moisture as we get. warmer than yesterday one three in oakland 70. four degrees warmer in in fremont 74, san jose 77. concord 82, five degrees warmer, santa rosa 78, 60s warmer 70s everywhere else, warmest weather inland east bay valleys low to mid 80s. summer warmth returns friday, saturday and early next week. accident in san francisco, 80 westbound skyway at 7th bryant street exit, two left

lanes blocked. not showing any major delays off of the bay bridge as they get that cleared. drive times heading out right now: still a good drive east shore freeway, highway 4 out of antioch moving well. altamont pass beginning to jam a little into the livermore area. this is the bay bridge shot that skyway action and here's the waze app, not showing any significant delays coming off of the bay bridge at this time this is a free app you can download at abc7news.com, helpful as you head out each morning join other fellow traffic spotters. the labor department has just released weekly jobs report. the number of unemployment benefits applications rose last week by 34,000. the figures may have been distorted by seasonal factors. >> here's ellen with the bloomberg business report. huge back-to-school season

retail federation out with annual forecast spending expected to rise shoppers buy new clothes, electronics average person planning to over 688, 14% jump, agriculture department warning drought situation is getting worst. the drought may persist the rest of the growing season usda declareing 39 more counties in disaster areas. the space shuttle enterprise is set to open to the public as new york's latest attraction it arrived in the city in april,. last month it sailed up the hudson on a barge to its

permanent home at the intrepid museum. it goes on public display this morning. nasa retired the fleet last year. one more thing to see next time you go to the big apple. next, cleanup day at a san jose homeless encampment we are live at kelly park as officials get ready to move in latest craze in laundry, prepackaged detergents michael finney tells us how clean it will get your clothes on the ongoing safety concerns for children.

good morning i'm kristen sze. i'm terry mcsweeney in for eric thomas.