smoke was done. >> and arson investigators are working to figure out what caused this fire. they do, and nobody is being allowed back inside. but the fire department told us most of the apartments in the building will be just fine once the utilities turned back on skm two people display placed are below the apartment. if there is a bright spot in this story it's that the apartment above where the fire started, the third floor one that was gutted is vacant. >> thank you. >> firefighters in vallejo had their hands full battling two morning fires. crews had to aband onone fire so they can battle a second fire at sonoma boulevard and bella vista avenue this, is because of the city's deep cuts caused by bankruptcy filings in 2008.

and we have more from vallejo. >> one fire engined pulled up with businesses on both sides of the church they needed more resources and there is no one left in vallejo to call. >> there is initially knowing we're by ourselves i thought we probably would lose the building. >> other crews were at this fire. it broke out about 15 minutes before the church fire. there is a second call and firefighters said it was tough to watch a crew leave. >> we needed resources to stay. and for other fires. so that is the fris price of doing business. >> it has been tough since the city filed for bankruptcy in 2008 meaning closing half of the fire stations. firefighters felt a shortage overnight. but they say koit have been worse. grants have helped them start build ree building the fire department. >> past year and a half we've hired 15 people arks louing to us open station 1525 and to

put personnel on the truck. >> without those they say there would have been no one to tend to the church dpir but they're down six firefighters and had to relie on mutual aid from other cities to put out the fire in the church. this member says that he now looks at the problem was a different set of eyes. >> they do happen to you if you're home. and so this is different ball game. >> the mayor told me he thinks the city is moving in the right direction. he doesn't know when the fire department will be back to prestaffing levels but says getting there is the goal. >> a san francisco sheriff deputy arraigned on suspicion of domestic violence. he is facing misdemeanor domestic violence, assault, and false imprisonment charges. he was arrested after an altercation at gold's gym. police say it involved someone

with whom he had a previous relationship. a child psychiatrist accused of molesting patients has been declared mentally stable enough for retrial. the district attorney's office confirm that had today. and the 80-year-old has been in napa state hospital since last year when being diagnosed with dementia. he'll be sent back to face trial on nine counts of molesting boys who were referred to him for treatment in the 1990s. a jury deadlocked on all molestation charges against him. >> police are looking for anyone who might have seen a children. this happened in hercules. police say seven people, including four kids were riding in a white pontiac between pinole valley road and highway 4 when that shooting started. the children were not hurt but the driver ask adult in the front seat were hit.

they're expected to recover. police say they do not have a motive. >> there is now to the latest on the traj any colorado. first of 12 people was laid to rest today. the 54-year-old gordon cowden was a father of four. he went with his children who escaped. about 150 mourner as tended. and an amazing story at survival. a 22-year-old shot four times including once in the head, likely saved by a medal condition she didn't realize she had. a small channel of fluid running through her skull. her postor says the bullet entered at the point of the channel, which directed the bullet away from all vital areas of the brain. anderson graduated from the university of the pacific and is starting to speak and walk again. >> there is more insight into

the man charged in the massacre, james holmes bought a high powered rifle after reportedly failing an oral exam for a dock toreal program in june. saying the failure might have been what triggered. and today, those who knew them shared memories of holmes. >> pretty normal. wasn't a loner like i've heard depicted later. he was with the kids. got along with everybody. >> he was articulate. he was a top, top student causing to trouble. very positive. very happy. and he is accused of killing 70 people. investigators say he took time to plan this attack and he believed he received some weapons training. >> a judge appointed one of michael jackson's nephews as a temporary garden.

tj jackson appeared after days of turmoil. the judge suspended the grandmother as the guardian because she's in arizona and has not spoken to them in more than a week, reported missing but found to be with relatives. tj jackson says in court when he spoke to his grandmother her speech was slurred and she sounded though she were speaking in code. >> governor brown joins federal officials in unveiling a plan to carry water from the delta to millions of californians. backers of the twin tunnels and water will enter the new tis tim -- is tim before reaching the delta. opponents fear it will hurt the environment. coming up how this has put governor brown at odds with another heavy weight. >> and san francisco has a first ever two year budget in place and it's a balanced one.

he signed a $7 billion spending plan this morning. signs good thanks to increased revenues. the city closed a $263 million deficit and increased funding for services and police and fire will be able to hire more personnel and supervisors say it makes them think long term. >> it allows them to say what do we think it's going to look like? and i think the city does that successfully in this budget for the first time by putting funding into our reserves. >> there are $30 million going into the city reserves. kblinls more set aside. >> that is a good budget news for a change. >> it's rare. >> yes. and let's check on the forecast now. >> there is spencer christian here with that for us. >> another mainly sunny day. there are clouds gathering and lurking near the coast. so let's take a look at the projected conditions. there is fog returning and

much like last night. we'll see firefighters foo evening hours from mid-50s mid-70s and warmer inland locations. we'll see partly cloudy skies, lingering areas of fog there are temperatures by afternoon, mainly sunny skies and clouds near the coast. and sunny skies tomorrow, much like today. high temperatures ranging from about 60-62 in postal locations to low 80s inland. there is warmer weather coming our way. we have to wait for it. i'll have the accu-weather forecast coming up later. >> thank you. >> and still ahead on abc 7 news why a consumer watch dog group is suing to get popular toys off the market. >> and later a bizarre story involving baseball great cal riply junior, police say someone kidnapped his mother. >> michael finney is taking your questions and will answer them here live later, you can contact michael on twitter or facebook.com/michael finney abc 7. >> and nine minutes past four,

there is a view of the commute. the skyway downtown left to right going to the lower deck it's just a crawl at this point. remember there is a giants game this afternoon. did you hear a lot of the traffic heading back to the east bay. it's slow going. and better for

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the consumer products safety commission is suing members of desk toys because the magnets in them are so strong. they've been trying to get them to stop selling the items in 2008. it started receiving reports of children swallowing the

magnet that's can pierce holes and some children have acquired surgeries. and the last time this cpsc took this action was in twun against the maker of bb guns. a spokesman for the company that makes bucky balls says the company will fight this lawsuit. >> a uscf study finds women with diabetes are less satisfied with tier sex lives than healthier women. a third of those who take insulin reported this dissatisfaction. the lead researcher speculates the over all burden may be taking a toll on their sex lives in additions to complications caused by possible nerve damage. researchers have known diabetic men have been prone to sexual side affects. >> and there is research showing a third of babies in the united states are a result of unplanned pregnancies. the reports show the thumb of

unintended births remained steady, around 37%. most of the babies are born to less educated single women in lower income brackets, only 7% of the unplanned births are to mother who's finished college. >> there is business news now. forget dealerships. bmw taking cars to the web, birs zynga misses estimates and we're live now with the after the bell report. hi, emily. >> hi. larry. the stock is plunging in after hours down 38% and taking facebook down with it about 8%. zynga reported second-quarter revenue jumped from a year ago but below estimates. and ended with a nearly $23 million loss and there is they

have lost to% of the users between first and second quarters. zynga accounts for 15% of the facebook revenue within games and facebook expected to report earnings tomorrow. and meantime, apple unlished a new mac operating system, mountain lion today, including more than 200 new feature tz make it more friendly for touch-capable tablets and there is service that let's you access it from any device, it works on most mac models. you can down load it from the app store for $20. >> and there is bmw will be

selling cars over the internet for the first tichl and there is when they want to recoup spending on electric models which have seen sluggish development after years of demand. there is a generation of drivers used to making purchases over the internet. and stocks ended the day mixed and investors weighed disappointing earnings from apple. there is "new york times" ditching it's down loadable app for black berry users. you can still read through the mobile web site. it's a blow to research in motion. iphone and android users can still use apps to access the times and there is companies

pay being to feature coupons and other deals and customers who use a service to find local businesses will see paid recommendations. it's hoping to capture bigger piece of the market so you can zpokt see ads paid for by gap, best buy and other big retailers. in san francisco, i'm emily chang. larry, back to you. >> and there is very pleasant around the bay it has been. no extremes and nice and mild inland. there is nothing to make you shiver. well, maybe. and there is live view from our camera looking down on to -- no. looking from yeah, mount tam. there is a a finger of fog and

clouds along the coastline. there is clouds up against portions of the coastline, mainly from golden gate north and there is a large area south of the golden gate. and clouds have not worked across the bay. there are temperatures into low 80s and concord and livermore there is some 70s around the bay. and there is highlights, we'll see wide spread fog again, tonight, overnight and cooler next two days and cooler than average at this time of the year, warmer this weekend. and leading into even warmer weather next week. national heat wave continues tomorrow, and going well north, hot air blanketing much of the nation. cooler air mass will bring us temperatures next couple days inland. we'll see warmer weather over the weekend. temperatures start to

moderate. overnight wide spread fog near the coast and pushing locally inland. lows into mid-50s and only low 50s into north bay valleys in the morning, 5:00 we'll start with lots of fog around that will burn away from the coast and most locations there are low 80s inland. south bay, sunny skies and 77 in san jose. and there is upper 50s to low 60s on the coast. downtown a high of only 63 tomorrow. and north bay, low to mid-70s, upper 70s in calistoga. there is upper 60s to just above 70 there is near monterey bay, 60s near the bay. here is the accu-weather forecast there is temperatures

well below after rinl inland and up to about 80s around the bay. there is a steady pattern. and we'll like it nice and steady. >> yes. yes. nice stretch. >> just ahead at 4:00 justin beiber becomes the first person in california to take one drastic step. >> reality tv sister wives are going to court. >> coming up on abc 7 news at 5:00 local come med qee performance not only lasting hat matter for a man and woman. she fired back. >> and saying thank you to people hemming raise thousands for foster children by liking us on facebook. and thank you very much. you can like us, too. $1 will be donated to abc 7 sleep

train dream campaign.

a fundamentalist mompl onman and four wives filed a lawsuit challenging utah's antibigamy law. the family lives in las vegas now, forced to move from utah because their marriage is

illegal. they're now suing the utah county where they used to live and hoping to persuade a judge to overturn the law as unconstitutional. bigamy is a third degree felony in utah punishable by up to five years in prison. >> the paparazzi who chased justin beiber down the freeway is now facing charges. >> it's been nearly three weeks since justin beiber was pulled over for speeding. now, the paparazzo chasing him has been charged. l.a. city attorney filed four charges against the man, including reckless driving. beiber pulled over while the paparazzo sped off. beiber will appear in court in september. and adult stars of modern family are suing 20th century fox television asking for more money.

and they filed to get contracts voided. ed o'neal joined after the fact, and he's known to be making more than the rest. >> katie -- katy perry signed on to endorse a snack brand pop chips. also become an investor and creative partner. her new ads hit the screen in the fall. get more entertainment news at otrc.com. >> and coming up next at 4:00. >> i get in before dark. and i don't leave until its light, light is out. you know? >> and what feelings like that is oakland the best place for national night out parties? >> and days of clash was police in southern california. >> what critics say this video proves about the way sea world trains its whales

area communities getting ready to host national night out block parties and officials are encouraging

people to get involved. >> it's but wondering if it's a good idea in a city known for violence. >> good after the noon. to date there have been 64 gun related homicides in oakland this, time last year, 60 and city leaders say the best place to start is getting to know your neighbors. >> carolyn runs in the rockridge neighborhood. anything out of place is plucked away. >> and this is letting people know what is going on. >> neighbors looking out for one another is the hida -- idea for national night out. city leaders hoping to have oaklanders in every neighborhood host block parties so they can introduce them selfs and use this as a crime prevention tool. >> there is a people saying

they're being homicides. >> the violence hit is not restricted today or not. this shooting happened in broad daylight, bullets flying inches from where this woman's child normally plays. >> bam, bam. i hear it and i hit the floor like everybody else. you know? >> in west oakland linda lived in her home 61 years and has seen increase in gun violence, a father of three was shot from a dark colored car and hiran lawrence junior caught in a spray of bullets in a parking lot. all random and making her doubtful police can control a national night ut. >> if it's at 5:00 all right. if you have a national night out at 8:00 i'm at home, watching you guys on television. >> it's eyes and ears of people like linda police say is key to crime fighting.

>> they know who is shooting and who has got guns. we need their help. >> and national night out is august 7th. last year there were 670 parties this year they had a goal of 600. the mayor and cheif committed to making an appearance at each party. >> thank you. >> the mother of a man killed by police is pleading for calm after a violent protest. and there is awe as many as a thousand people crashing streets. and one of the victims was unharmed. manuel diaz's mother is calling for peaceful protests. >> please. please. please stop the violence.

it's not going to bring my son back. it's not. and this is the worst thing any mother could go through. >> police say diaz was a known gang member but have not said what led to this shooting. the u.s. says it will review shooting autos police found the another of cal ripken junior after she was kidnapped. the 74-year-old seen in this video was found in the car with her hands bound. she was shaken by not hurt. investigators say the man who abducted her is on the loose ask considered armed and dangerous. >> there is taken from her vehicle. >> and police won't repolice information on whether her credit cards had been used and investigators don't know motives and there was no

ransom demand. >> there is a good look at terrifying video of a killer whale attacking a trainer. and matt gutman has the story from miami. >> and there is ken peters grabbed by his legs and dragged underwater by a 5,000 pound killer whale. and he is helpless against the whale he trained for years. this is november, 2006. the video just made public obtained by a journalist for his new book "death at sea world". >> she was trying to tell him i have got to go take care of my kids. and i don't want to perform. >> holding underwater then bringing him up. >> if she wanted to kill him she would have. we're taught to remain calm. if you get excited the animal

is going get excited. >> cat peters is lucky to be alive. shees he's kicking his legs trying to keep her from the body then she grabs him again, down they go. >> she releases him. he see him trying to run he stumbles, his feet, mangled. this video became evidence in a florida courtroom. and regulators defended their decision to issue a citation against sea world after this fatal incident at sea world orlando in 2010. a 40-year-old trainer pulled underwater, killed by the 11,000 pound killer whale. his third fatal attack on a human. occupational safety and health administration chaimed the theme park put trainers at right after this skpk this proves sea world was aware of the danger. in response at the time sea world asserted it was unaware these whales could be deadly and told abc news after 2006,

peters showed skillful execution of an emergency response plan, returned to work and remains a member of the team to this day. advocates say there have been millions of interactions and of the vast majority safe. with over $1 billion in revenue riding on interactions sea world says it's going to go on with the show and try to appeal this ruling. >> there is a child in critical condition after a tree fell on to his tent this morning. >> it's seven miles east along the county coast. it's run by the county. the 12-year-old victim rushed to the hospital with a broken pellis. >> a county official tells abc

7 news the tree was about 60 feet tall, the trunk about 17 inches in diameter. and this tree was just fine the last time workers checked there. is a crew on the skbai we'll bring you more coming up on abc 7 news at 5:00. >> and north korea's new leader does something his father never did you. >> you probably never heard this band but some of the worl's best-known musicians have. ahead. >> and today q and a just ahead. i'm taking your questions and you can contact me on twitter. and i'll answers questions right here live in just a moment. >> i'm spencer christian. taking a look at western sky here comes fog again.

how cloudy tonight is going to be in the accu-weather forecast in just a moment. >> there is another check of traffic. you can see the maze is backed up and better for folks on the right of the screen bur that is slow going for folks. stay with us.

the top search for actor chad everett. he is known for the 1970s tv series medical center and some david lynch movies. olympics is trending, opening ceremony and there is a 3.7 jolted los angeles this morning. no major damage or injuried but enough to spark google searches. >> and state tv reported he has gotten married. north korea tv here showed pictures of kim with the woman today. kim took over leadership of the communityist country after his father died in december. being seen is a departure from the elder king who never appeared with his wife. >> take a look at this video. it shows a group of female punk rockers causing a scene

inside of a moscow church wearing colorful masks and jumped up and down and sang learics against vladimir putin. they're being charged with holl -- hooliganism and could face prison time for this. >> and we've transitioned to the forecast. >> things looking cool. this is a time lapse view looking down towards the bay. you can see there is lots of blue skies this afternoon. there is hot weather continuing throughout the country. and there is 100 degrees today only 95 tomorrow and there is warm to hot conditions in california tomorrow. there is 106 in palm springs.

here in the bay area, will be a pleasant day. highs into low 60s on the coast and there are 70s around the bay. inreasoned east bay highs into low 80s. looking for highs of 66 in watsonville. there is 80 in morgan hill. >> thank autos coming up at 4:00 we're going underground see what's happening with the construction project tying up traffic in downtown san francisco. >> and there is q and a on the way. mel s wants to know what they can do to you if you don't fasten your seat belt when the light comes on in the airplane. back in

kids won't be getting a free ride on muni. the met toll pol continue transportation commission

rejected two proposals that would allow the dhoirn ride for free. and there is a third plan looking into offering free rides for kids on other areas. san francisco has aloe indicated $1 million to free muni idea but needs $4 million more to implement that plan. >> the massive transbay transit center project is well underway. it's still a couple years before above ground structures will be taking shape. most work is below street level n area roughly boardered by mission, beal, howard and 2nd streets. we're live with the behind the scenes look at the projects. heather? >> this $4.2 billion transbay transit center is on schedule and on budget. and there is now just a big dig. >> and as depicted in this

authority animation. at the western end of the project excavation reached about 35 feet down with 20 to go. the pipes there and excavation is a slow process. >> there is about a half of the construction schedule that is excavating down to the bottom of the rail level and bringing that back up to grade. >> high speed rail and cal train will enter at 55 feet below street level. three streets will have to be temporary bridges to accommodate and first street is completes followed by a bridge. >> high speed trains are 400 kbleerts long so they're going to extend from main street down to first street and will

pass underneath. >> at the eastern end there are casings placed 250 feet down. then filled with concrete. the eastern end once covered with water and called yerba buena cove. >> we're going down to bed rock and replacing it with concrete. just to improve quality in this area so it resists as we excavate the site. >> and when will this be finished? phase one accommodating buses by 2017, then funding willing about $2 billion still uncertain, cal train could follow 2019 at the earliest. live in san francisco, abc 7 news. >> this is time for 7 on your side's michael finney and our

first question from margaret who asked when i get a robo call should i click to be removed from the call list? >> no. whatever you do, do not click. they will say hit one if you want to talk to human beings two, if you want us not to call you again. these people have broken the law and they know it. they're not allowed to call you. if it's a robo call it's illegal. and if you hit two, you've shown is that their call can make you react. gou on a sucker's list. so never do that. and there are politicians able to call if you they wish. and if you give permission too,. >> i don't want to go on the sucker's list. >> john mmt posted a picture from a taxi that says we accept credit but appreciate

cash. >> a sign? >> yes. >> and this does not violate a merchant agreement. as a matter of fact even a merchant agreement doesn't violate merchant agreements anymore. there is a settlement to put an end to that. and there is for small business person that could be a couple bucks. and they're going to have to start charging but it's going to start. >> and mel asks can the faa fine you for not sitting down when seat belt sign is illuminated?. >> you bet. you'll be paying for a long time f you don't sit down, the fine can go up to $11,000. if you're determined to keep it up and be a hassle, you can get a felony rap. >> they can arrest you?. >> they can arrest you. wait until they land, you get arrested. >> what if you're in the

bathroom? what are you supposed to do? >> beg. beg. >> okay. >> thank you. >> sur >> don't go on the sucker's lice yes. >> next on abc 7 news, felix, a sky diver known for going to heights who broke a major barrier today. >> did disneyworld play the role of the grinch? it asked a man dressed as santa to change clothes. that is coming up at 5:00. >> tonight there is news for everyone about rising food prices from heat and drought. which foods are going to go up, how much, and when. breaking it down, tonight. and also we've seen heart stopping video of a killer whale. we're going to take you through it minute by minute n this moment the trainer's reaction made the difference and we have gathered experts together to ta

take a look at this, a daring rescue in las vegas. four window washers were stranded outside of the 35th floor. firefighters had to repel down about 10 stories to reach the workers in 10 degree heat. crews had to harness to each worker then lower them all 35 floors down to the ground. authorities say a mechanical malfunction stranded the worker autos speaking of high in the sky, efforts made a leap today. >> fearless man jumped from an altitude of nearly 18 miles, three times higher than jetliners fly. >> there is a fall and landing from 90,000 feet. >> anyone watching the early morning lift off of a giant balloon attached to a space pod carrying a man about to jump would be excuse forward

thinking this guy is crazy. he says there is nothing crazy about careful planning. >> i don't think have you to be a lunatic this, is about input, output. >> wires for communications and the austrian daredevil went to the edge of space, 96,000 feet into the sky and took a plunge. just 25 seconds went from zero to 536 miles per hour. the free fall blasted three minutes and 48 seconds then released and finished 18-mile sky dive, standing up. >> he said the hardest part was being alone with his thoughts. >> there is a when you open the parachute, and it's a huge relief. >> next month he's going back up, 120,000 feet trying to break the all-time record for

highest sky dive set by retired air force colonel who is coaching the new kid. >> this is balmgardener breaking the sound barrier with his body. he says he's looking forward to having his family because past stunts weren't always legal. this time, mom and dad can be proud. >> you don't have to be crazy to do that, but it helps. >> we want to remind you about the cool app from the app store. >> thank you. the local comedy performance that is no laughing matter for one woman. she felt compelled to fire back and rocket ruckus that

created. >> a sheriff deputy charged with a crime similar to the one his boss pleaded guilty to. >> there are summer warmth that is on its way back. more coming up. >> good evening, i'm cheryl jenning autos developing news. there are a lot of questions about why a 60 foot tree fell on two 12-year-old boys on a camping trip. >> we're live over the park now there is one boy in critical condition. the other is injured. they're rushed to palo alto. and the manager says it happened in the part of memorial park, a family vacation. >> we will be down investigating the sight

looking at the tree trying to determine what happened. but... that is underway now. i don't have anymore information. >> the branches also ended up touching other tents and nobody ems was hurt. officials don't know yet how old the tree was. >> in san francisco, fire investigators are trying to find a cause of the apartment building fire that killed one man. it happened near st. mary's cathedral. it began in a unit on the second floor and spread quickly. neighbors say they saw smoke from the roof like you can see here. >> there is a wall of flames, smoke going up the hill and there is within two minutes waits white, steam. done. >> they sate man live there'd since the 70s with his wife who has since passed on.

two other victims were treated for smoke inhalation. >> governor brown revealed california's latest plan to end the state's water wars there is a proposal calling for twin tunnels. current system taking in water after it is in the delta. and environmentalists and some of the fellow democrats are afraid the tunnels would devastate the delta and eco system. >> i find it impressive that despite spending hundreds of millions of dollars, studying this damn thing people will say you haven't studied enough. we will study and we'll take action. >> this is not the way to go. understand what is needed for the delta. the fish. for the