will be mailed next year. visit medicare.gov/fraud stay sharp people! nursing home workers are on strike right now in the north bay in a contract dispute that involves more than the usual pay and healthcare issues. thanks for joining us. i'm kristein sze. happening now. workers are picketing outside the san rafael health and wellness center because they refused to take down a website that accuses the nursing home operator of some illegal practices. abc 7 news reporter amy hollyfield is live outside the center with the latest. amy? >> reporter: kristen, we just got a strongly worded statement from the brius healthcare calling what's going on behind me is grandstanding and a vengeful statewide campaign

against brius. these workers are on strike at the san rafael health and wellness center but they are not fighting for what you think, but they are fighting for a website where they post their complaints about how the company treats them and the patients. workers say they often don't have enough supplies and sometimes even enough food for the patients. they say brius wants them to take the website down as part of contract negotiations. labor representatives and members question if that is legal and say they think it is protected under freedom of speech. >> this is the worst company that i have ever worked for. when it comes to the way they treat us, you know, by not giving us the increases and by not giving us enough supply to do our job and not having enough staff, and that's why for us it's very important to have this brius watch website where we let the company know what's happening in these nursing homes. >> reporter: the company released a written statement

saying instead of continuing to manufacture lies and attempts to bully us, we would suggest union leadership allow the rank and file to actually vote on our final offer three months ago including substantial wage and health insurance around other concessions. i followed up with a question about the website which wasn't mentioned in the statement. the spokesman says the company has never demanded that the employees take down the website. the company did bring in replacement workers to cover those who are on strike today. they will return to work on friday. the union representative tells me he doesn't know when there's a plan or if there's a plan to return to the bargaining table. live in san rafael, amy hollyfield, abc 7 news. >> amy, thank you. new developments in the recall drive against a controversial santa clara county judge. the state attorney general's office is now joining the legal battle over whether the county or the state should oversee the effort to recall judge aaron perksy. perksy wants the state to do it

and got a temporary restraining order to stop the collection of signatures. the ag's office is siding with the petitioners. a hearing is set for tomorrow. if perksy wins, the recall campaign would be forced to start over. a israel is very complicated. it has a lot of steps, and it has a lot of complexes t e>> this lawsuit is obviously wasting our days to do that it. i mean, that's the point. the point is to waste our time, waste our money. tie us up in the courts and prevent democracy from happening. >> recall organizers say perksy has a pattern of bias in cases involving sex crimes, including that of brock turner, the former stanford swimmer who was convicted of sexually assaulting an unconscious woman. perksy sentenced him to six months in a under couldy jail. new developments in the battle between the city of santa clara and the 49ers. the football team is claiming victory after new audit numbers show it owes the city much less money than originally expected. jessica castro from abc 7 mornings joinings us now with

more. jessica? >> hi, kristen. yes, the 49ers organization pointing to that decreased debt number as a victory, but on the flip side the city is still happy with the audit that shows a $2 million paycheck coming their way. it's 49ers versus santa clara, and this morning both sides saying they were proven right after a newly released audit. it shows the team owes much less money than originally expected. >> the 49ers owe nearly $2 million, and we have to fix the way we're doing business and managing the stadium in santa clara. >> reporter: the auditor estimates $1 is,000 in net unreimbursed city staff costs, $894,000 in construction funds used for public safety and operation costs, and more than $718,000 in unpaid parking fees. the mayor says the city's next step will be to collect the money due and demand the 49ers

provide the documents withheld from the stadium authority. >> and if they do not produce those documents, we will resume legal action against them to produce those documents. >> reporter: but 49ers team president al guido says the auditor's report was riddled with errors and said, quote, in the end they wasted over $200,000 in public funds to discover the city of santa clara failed to bill $115,000 in expenses, something which was their responsibility. the 49ers disputed the parking fees number we just showed you to our media partner "the mercury news" saying they actually overpaid by $1 million. if you would like to look at the audit, we have a link on our website abc7news.com. i'm jessica castro, abc 1 news. >> thank you. did you feel it? some in the bay area say they felt an earthquake early this morning. the magnitude 3.2 quake hit just outside the mouth of san francisco bay at 6:36 a.m.

now, this is the quake map on the u.s. geological survey site. the boxes are where people reported feeling some shaking, and you can see it shakes from vallejo, pleasanton down to the san mateo/santa clara area and maybe some in the santa cruz mountains. just a few. no damage or injuries as you might expect from a 3.2 centered in the water. all right. the news is not as good for people in italy though. a search-and-rescue effort is under way on an italian island after a 4.3 magnitude earthquake. overnight three brothers were pulled from the rubble, including a 7-month-old baby. the quake killed at least two people. more than three dozen people were injured. 2,600 residents are now homeless. the alameda city council is expected to discuss hate crimes. at its next meeting after a rash of incidents in the city. residents rallied together at the islamic center of alameda last night after learning of a hateful flyer. it shows as swastika and a woman wearing a hijab.

neal crawford spotted the flyer walking down sherman street sunday morning. >> totally out of place. picked it it up. walked it down there and threw it away. then about a couple hours later, about 3:00, i was coming back home on this side of the street and found another one. >> crawford showed his wife and called alameda police. this incident followed last week's anniversary at temple israel of alameda. swastikas were drawn on that property. san francisco city officials could find out today whether a permit will be issued tore the patriot prayer group to hold a rally at chrissy field. the area is under federal not local control. the national park service and golden gate national recreation area have approved the permit, but it hasn't yet been issued for this saturday's event. the city is demanding restrictions on weapons as well as the number of demonstrators allowed. they want to prevent what happened in charlottesville. happening today, the man charged with killing an off-duty oakland firefighter will make his first court appearance.

oliver junio is accused of killing jake walter and another firefighter thursday night. the second man survived and is still in the hospital. the firefighters were confronted by at least two men outside an event in the japan town neighborhood. they were shot without warning after a brief exchange of words. investigators still have not found the weapon. walters and his colleague had just graduated from the fire academy in april. san francisco police are addressing ongoing complaints at delores park which are getting new attention after three people were shot. supervisor jeff sheehy organized a community meeting where residents voiced their concerns last night. police are trying to come up with ways to make the pedestrian bridge where last month's shooting happened less appealing to criminals. ideas include bringing in vendors and performers or removing it all together. many who live in that area say they have had enough with the litter and the gangs. >> i had to recently take my dog to the dog hospital because she ingested drugs that she ate just picking up from the park.

>> i don't think we've had a coordinated response, so we tended to look at this as being an episode here or an episode there, and this is to look at it more systematically. >> since the august 3rd shooting, there have been two uniform police officers assigned to the park every day. on the peninsula, hills propolis are asking for your help to identify two people caught rummaging through someone else's car. it happened early yesterday morning on summit drive. surveillance video shows what police believe to be two men in action, one sitting in the car when the filming begins. the cars were not locked. police want residents there to check their own surveillance cameras to see if they might have the suspect's car on video. next at 11:00, a heartbreaking discovery on the "uss john mccain" overnight as crews search for ten sailors missing after a collision. plus, caltrain wants to hear from you. when you can help decide on bicycle storage for the new electric train.

>> and i'm live at the s.a.p. center in san jose. forget about hockey here. inside the shark tank we're talking bikes, 250 of them. we'll tell you why they are doing it today coming up. >> and it's a great day for a bike ride. the next couple of days will be pretty nice but i've got an extended forecast that holds a heat wave. in fact, our part of the country more than any other has the greatest chance of being warmer than average starting this week 90 days to a new body. >> that's impressive. >> wait until you see where it ends up. >> next

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four men arrested in connection with last week's terror attacks in spain appeared in court this morning. during the hearing, one of the suspects told the judge that he rented the advance used in the attacks with the thought they were going to be used for a house move. his testimony comes one day after police shot and killed the suspected driver of the van in the barcelona attack. the rampage along razz ramblas left 13 people dead, including this bay area man on his honeymoon. president trump has reversed his strategy in afghanistan, recommitting the u.s. to the 16-year-old war. last night in an address to the nation, he said he's following the advice of his national security team and putting more boots on the ground rather than pulling troops out. he would not give a specific number, but he said the u.s. will shift approach involving more cooperation from pakistan and india. u.s. ambassador nikki haley spoke on "good morning america."

>> pakistan can no longer be a safe haven for terrorism and india needs to step up and do their part. we'll have our nato allies very much involved in this, and we're going to push to win. >> afghanistan's president says he appreciates the renewed commitment. a taliban spokesman called the speech unclear and old. some bodies have been found in the search for ten missing sailors after a collision between the "uss john mccain" and an oil tanker near singapore. many navy and marine corps divers found the bodies in the compartments of the damaged part of the navy ship early today. the commander of the pacific fleet says investigators are still piecing together what happened and how it happend. happening now. caltrain is asking for input on how you would like to store your bike on new electric trains. one proposal is to stack them against the train wall similar to how it's done in this picture. another includes parking pikes on racks at an angle. caltrain says the goal is more

storage. outreach events will be at various caltrain stations through this thursday. take a look. players for the san jose sharks are busy now not scoring goals but points with local kids putting together hundreds of bicycles all for a good car. aches 7's matt keller is live with more. matt, where are you? >> reporter: i'm actually riding are one of the bikes, clearly made for kids because my knees are in my chest. my photographer is on a boyak as well, and we're just trying not to crash into each other. that's the goal right now, but everybody is having a lot of fun. kind of getting to the end of this big bike build in the s.a.p. center. got the shark tank. used to being on ice. an exciting opportunity for all of the kids, but it's also for the volunteers as well. the shark tank has no ice today. some would say it's because of the warm compassion of 150 volunteers doing their sharks, y

and turning wheels for kids are spending the day building 250 bikes. >> putting the front wheel on. got to do this or it makes the bike all clumsy. >> these groups have have teamed up before. they are sticking with the healthy living theme and getting kids on bikes for exercise and also their flow dom. >> the impact we'll make in one day will be pretty fantastic especially with school starting. we've had lots of requests for children who need bikes to get to school, you know. takes some pressure off the parents so this 250 bikes is going to make a big impact right away. >> when i got to make the calls letting them know we would be donating bikes they were over the moon, so grateful which is kind of the best part about this whole thing. >> reporter: 8069 bikes are going to be delivered to the nonprofits. the rest will be picked up here at the s.a.p. center. expect to see these bikes on the streets soon. reporting live at the s.a.p. center in san jose, matt keller,

abc 7 news. >> thanks so much. close to retirement? you might want to think about moving out of state. the new survey showing just how far your money will go. and a live look outside right now. ta-da. looking at east bay hills. still a little bit foggy but definitely my name is jamir dixon and i'm a locafor pg&e.rk fieldman most people in the community recognize the blue trucks as pg&e. my truck is something new... it's an 811 truck.

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you may have in the a difference today already. the clouds have moved back to the coast. they were beautiful this morning flowing through the east bay hills. let's put them into motion. you can see chaotic nature and heyou can see the sun comin

up. eventually some secular rays out there. always had a hard time saying that, but they are absolutely beautiful. you can see them right there. as the sun gets sandwiched between the two layers of clouds you can see more of them streaming through there. absolutely gorgeous this morning. hard to watch both of the cloud decks at the same time. heroes what i'm watching right now. this batch of clouds and this batch, the one along the coast pretty harmless and normal for this time of the year. we'll actually open up a little more sunshine. this one is the leading edge of moisture that came through last night in the form of dying showers. they were thunderstorms that developed over the sierra and more developing there and with the prevailing flow they will head to the west northwest once again and possibly clipping northern sonoma and napa county while the rest of us will have a pretty retypical summer day. a look at the golden gate bridge. warmer and brighter. mostly cloudy and peach fog and excessive heat will return inland. for today we've got this once again small craft advisory. same area, same time frame as

yesterday. 1:00 to 6:00. see what it does to our temperatures. not hot yet in our inland neighborhoods. from antioch to 89. up in the north bay a little more cloud cover. 82 in santa rosa and sauce leado 70 and napa about 80 degrees. mild to warm and 83 in san jose to 87 in los gatos. on the peninsula 75 in san mateo and millbrae 72 it. a little warmer in palo alto in 8 and mid-60s in pacifica and half moon bay. oakland 73. the a little calmer and 76 in union city and around san francisco we're going to be cool and breezy about, 68 downtown. mission district 69 and richmond district about 68. there's your hazy sunshine from mt. tamalpais. get used to that and breezes at the giants game. irish heritage night. 64 at 7:15 dropping down to about 60 degrees and

temperatures will keep dropping down to about 55 to 61 for tonight. all right. here's my accuweather seven-day forecast. a little bit warmer tomorrow. we'll pull back a little bit on sunday or i should say on thursday. sorry about that, and then friday and saturday we'll be in the low to upper 90s inland and upper 70s to mid-80s around the bay and even some 70s at the coast by the end of the weekend. >> warmup, right, as all the kids are going back to school. >> though enjoy the first weekend out. >> and no cutting class. >> new this morning, the expected jackpot for wednesday's powerball drawing is $700 million so if you choose toss have it doled out over 29 years, that's what you get, the second largest in u.s. history r.many winners favor the cash option which would be reduced to 443 million. it's been more than two months since someone won the jackpots so get the office pools going. planning for retirement, might want to think about moving to a different state, according to a new survey comparing how far a million bucks will go in

certain states. here's the states where you won't get the best bang for your buck. $1 million will only last you 12 years in hawaii. here in did it will last you 16 and a half years. alaska and new york around 17 years. massachusetts is fifth with 17 years and four months. the study was conducted by go banking rates, a personal finance company. did somebody say ice cream? kids are not the only ones who get really excited about frozen treats. coming up next, meet

the energy conscious whopeople among usle? say small actions can add up to something... humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too? turns out, it's californians it's me and it's you. don't stop now, it's easy to add to the routine. join energy upgrade california and do your thing.

finally. what's your favorite ice cream flavor in one california pooch likes vanilla and can't wait for the ice cream man to come around. >> who is it? [ dog howling ] >> wow. >> cody can barely contain his excitement when he spots his favorite ice cream truck. this is what he does every time he hears that music and see is the truck coming. cody howls with excitement before running over to collect his favorite cold treat. look at that. usually a vanilla cone or ice cream sandwich without the chocolate. >> kudos to cody for choosing one flavor. >> i'm surprised. you would have thought it would be peppermint bark or something.

>> nice. i like that. >> we do that every time the ice cream man comes around. from all of us here at abc 7 news, thanks so much for joining us. >> really. >> "who wants to be a millionaire" next. the news continues next on abc7news.com and on the abc 7 news app.

(con artists...) they'll try anything to get your medicare card number. so they can steal your identity, commit medicare fraud. what can you do? guard your card? guard your card? just like your credit card. nobody gets my number, unless i know they should have it. to protect your identity, new medicare cards without social security numbers will be mailed next year. visit medicare.gov/fraud stay sharp people!

>> hello, everybody. get ready. because in the n you may be watching someone walk out of here very, h.ic r it's time to play "who wants to be a millionaire." [dramatic music] ♪ hey, everybody. welcome to the show. are you guys ready to play "millionaire" today? [cheers and applause] good. we're in the middle of a very special game. today, our returning contestant is fulfilling a lifelong dream to be on this very show. he's only 3 questions away from winning a million dollars. so, from pittsfield, massachusetts, please welcome back rick beltaire. [dramatic music] ♪ rick, welcome back. >> thank you. ♪ ♪ >> good to have you back. >> great to be back. >> so when we started, just in case somebody pp