embarcadero. good morning. i'm garvin thomas in for kris sanchez. he is craig herrera and he has great news for those of you who like this cool stuff. >> exactly. those who like the heat, news for you. you have to wait a little bit. all of the cold weather that's coming on through we've gotten a couple of storms passing over us, while they are not going to produce rain they are going to give us a deep fog bank each night through each morning so it will take time to burn that off. highs as you know this entire summer have been cooler than average. today we go 5 to 10 degrees cooler than average. san francisco about 70, only going 62. san jose in the mid 80s, i'm going with 70s and santa rosa, going for 70s. here is your daily planner. only a couple of 80s. garvin, through next week we'll give you the seven-day but we have some 90s, haven't had many all summer long. they are in the forecast and will be there a few days next week. >> just under the wire before

labor day. >> craig, thank you. this morning we have developing news out of santa clara, overnight a bicyclist riding with as many as 100 riders was hit by a car, he is now in the hospital with what is described as a major head injury. the car crashed into the cyclist near reid avenue and lawrence expressway just before midnight. according to officers on the scene, between 50 and 100 bicyclists were riding in the area at the time of the crash. this location was part of the published route of last night's san jose bike party, a monthly ride that often draws thousands. while often compared to san francisco's critical mass, the bike party differs, organizers strongly urge riders to peace flee co-exist with cars. >> a man shunt under way for a gunman who shot a clerk. it 457ed at a gas station in pacifica on hickey boulevard and

gateway drive. officers say two men in ski masks, one in a halloween mask stormed the store. they took cash from the clerk and then shot him. officers say this is the third armed robbery that the very intersection this week. >> with the downturn in the economy we had the last few years, we get quite a few more of these like everybody else. >> just shocking. why would you shoot him after you rob him. >> you watch out, getting shot three times, that's pretty brutal. no one should have that happen. >> the clerk is expected to survive. the suspect took off in a light blue honda or toyota sedan. a former east bay gymnastics coach is charged with felony sex crimes involving an underage athlete. the bulgarian native has been on the run since 2002 when police first questioned him. a teen girl told police he had raped her twice, once in the

fitness center of her family's condo and again at a competition in manhattan beach. the oakland tribune reports that he coached the girl at a top flight event in fremont. detectives tracked him down through facebook and arrested him aboard a cruise ship he had been working on as spa manager. he will be arraigned on thursday. the state fire marshal says a key part of gas pumps is putting your safety at risk. richard sharp from our sister station reports on the possible danger at the pump. >> you know i don't think there is, no. >> reporter: it's a major inconvenience for drivers. drivers like john who don't want to have to hold the handle down the entire time they pump. >> i would rather be able to pop in. i got the dogs in the car. i could be in there with them. they're going crazy. >> reporter: the state fire marshal says this brand of pump is putting people in danger. the problem with the switch it

was malfunctioning and spraying people with gasoline. >> as more reports are coming in we have been able to determine that it's a public safety issue. >> reporter: many drivers go elsewhere, owners say that costs them money. >> it's an issue we're dealing with. >> the problem is they are told two different things t state certified the pumps, now told they are no good. >> we don't know how long this is going to last. >> when the gas pumps were tested this malfunction didn't occur. >> removing has created a problem. people make their own latch which is even more dangerous. >> 2 x 4s, whatever people have in the back of their car or trunk. >> kim is one who supports removing the latch. she never uses it. >> that's what i've been afraid of, of leaving it. >> that was richard sharp

reporting. cal fire says if you use the pumps without a clip do not prop them open because it's too dangerous. cal fire says they have 13 complaints of gas spewing on cars or humans. one was even sent to the hospital. this morning the two men responsible for a deadly street racing crash are behind bars and will be there for many years to come. yesterday a judge sentenced 19-year-old joseph inocensio and 22-year-old emmanuel in the death of a teen girl. joseph will serve 6 years and 8 months and emmanuel nine years. allison snow was driving to get cookies and milk in october when the cars plowed into her at speeds up to 94 miles an hour. the car spun off the road and crashed into a tree. 9 duis and driving. a man is finally behind bars after his tenth dui.

officers arrested james mccellen for drunk driving after he allegedly struck two cars even though he had been given an alcohol monitoring bracelet the day before he made bail and was driving again. this time his bail is at $75,000. there could be numerous dui cases thrown out. for the past eight months tracy police have enlisted help. at least one case is in jeopardy of being thrown out so far, the tracy police department has since stopped the practice. east bay cops are taking on city council members and it's getting ugly in one pretty city. george kiriyama reports officers are not getting the backup they deserve. >> reporter: it's on this new website the future of public safety of walnut creek where many are criticizing cuts to the

department. one part it says quote, members of the city council have shown disregard time and time again. we cannot stand by as officers and the public are put in greater danger. bob simmons says that's not true. >> i think the city council has a high regard for our police force, for the work they do and for how effectively and well they keep our community a very, very safe community. >> he says he is a bit surprised with the website but supports the right of the police officers to create and express their views. >> i'm pleased that our officers are concerned. >> the police association represents the unions for officers and managers. they are worried saying quote city leaders are also imposing significant cuts to police salaries and benefits that will affect public safety in our

community. many say they feel safe and would like to share in this in this era. >> i think funding for public safety should go toward other areas. i feel safer in walnut creek than any other town in the bay area. i feel the money could be better spent. the website was created a day after the council negotiated a new contract with police managers, it calls for a pay freeze for two years and mandatory some of the paychecks to pension. a new twist in the sfo hijacking host. were two because of their race. >> the egg recall getting even bigger. what you need to know before you make that next omelet.

let's hope this story catches you before you sit down to breakfast. you might want to double-check the eggs. more than a half billion eggs are on the recall list nationwide all linked to salmonella. the latest to be recalled were distributed under the names hillandale farm, sunny farms, sunny meadow, wholesome farms and west creek. the new recall applies to eggs sold between april and august. the outbreak has made 2,000 people sick including several hundred here in the bay area. this morning there is more fallout from the hijacking hoax at sfot. council on the american islamic relations wants to know why they detain add pakistani couple on the plane after the threat came in. all passengers were taken off and bussed back to be rescreened. witnesses say police first walked a man and woman off of the plane in handcuffs. >> we do know that they were of pakistani origin, and they were

singled out among all of the other passengers and detained for questioning. >> nbc bay area has learned the crew told police they were concerned about the couple because of their behavior. police released them after questioning. they will monitor the investigation to see if the couple's civil rights were violated. several top brass in the san francisco department -- sources in the department say at least one assistant chief is among those who faces demotion or misconduct charges, the chief says there have been quote acts of negligence by various police officials who didn't recognize the issues that would affect the integrity of the crime lab. >> the san francisco police department has done everything it can do in order to get to the bottom of the problems that led to this incident. >> the chief says she doing

everything he can to clean up the department. he promises those who do not do their jobs will be held accountable. the pat tillman story hits close to home. his family is sharing that story in a documentary that accuses the military after high level cover-up. stephanie spoke to audiences a it the premier in los angeles. >> he loved america even more. >> reporter: the tillman story examines the 2004 death of a pro football hero turned army ranger, palt tillman killed by friendly fire in afghanistan t. documentary tells the story of an army cover-up and the family's quest for the truth. >> it's ugly, it's bloody, it's painful. >> reporter: his mother appeared to discuss the film and why top military officials led her family and the country to believe tillman was killed by the enemy.

>> i think he was used for propaganda purposes, and i think that is kind of a frightening thing. >> reporter: at the time of the investigation a top army official said quote we as an army failed in our duty to the tillman family. give them the truth, the best we know it as fast as we can. the film was released in select theaters in new york and los angeles including the arclight in hollywood where it elicited strong feelings. >> just makes you sick, you know. why didn't they come out initially and say what the facts were and to put that family through that. >> it was kind of frightening to know there was such a huge cover-up. >> tillman's uniform was burned and the soldiers fired on him never court-martialed. it may never learn all of the details but one thing is clear. >> this type of deception and

duplicity goes on all the time. it's a systemic problem. >> that was stephanie reporting. tillman and his family did not attend the l.a. premier of the film. coming up next, if you thought sharks were only on san jose ice rinks think again. the real deal on display this weekend. [ male announcer ] when meg whitman arrived at ebay,

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welcome back to the program. 7:17 is the time. looking at the bay bridge in san francisco. cloudy sky this is morning, cool weekend ahead. but for those of you have been aching for a taste of sum e that is days away. >> right at the end of summer, trying to get the 90s. might as well try to squeak them in. we'll get them in the seven-day. you talk about the cooler weather, we have a lot of the fog, 2,000 feet deep. it's going to take time to get the sunshine. this is live san francisco right now. we're looking out toward the

transamerican pyramid, doing outdoor shopping or running along the marina, it's going to require layers. this has been all summer long. the next shot over to oakland, a lot of the cloud cover, even across the inland east bay valleys, plenty of cloud cover. you can see that. not much of a problem with visibility. the clouds are high enough it's not creating visibility issues. then you have to maybe have the wipers going if you drive because of the mist and the drizzle. the south end of the bay, that's live over san jose it's now 58 degrees, the same through oakland and some low to mid-50s for the north end of the bay. temperatures at this hour, running chilly. 70s and 80s but temperatures are below average. 5 to 10 degrees. a couple of storms, one here, both of those are passing over the north of us. they are not going to give us rain but going to give us a deep marine layer, gets blown right

into the bay area. and it's going to take time. but look what's going on here. a lot of warm weather to the south. also some warmer weather over the four corners region that's going to expand. next week some 90s back in the forecast for those of you waiting for some of them, we've got them. you like the mild conditions, the weekend is perfect. san francisco, typically close to 70 degrees, i'm going 62. mid 80s for the south end, 75 is where i'm going. 82 santa rosa and 70 is where we're going so you can see how much cooler it is. the daily planner, a couple of 70s, in the upper 70s, at the beaches staying with 60s. bay side communities in the mid-60s. oakland, san bruno, only about 67, 68. 81 in livermore. 75 in san jose. most of wine country in the north end of the bay in the low 70s. who here is your seven-day forecast. monday and tuesday in the 90s and the beaches closer to 70

degrees. it's not going to be beach weather but if you're not back to work or back in school. >> or maybe all of the families who snuck in one last vacation before school started. if it hasn't already. >> exactly. >> stick around for this. on display now a 300-pound shark caught in the bay this week. they daut seven-gill shark, that's huge, now on display at san francisco's aquarium of the bay. the shark is the largest ever on display at the aquarium. it will probably remain a year before it's released back into the bay. still ahead, one of the premier soccer players will get his kicks in san jose tonight. he had to cross the border by foot. we'll explain. >> reporter: coming up the giants are back and so is aubrey

huff. the a's playing catch-up against the rays. and will we see brett favre tomorrow? we've got the answer in sports. jaguar platinum coverage is not just a warranty.

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his name is giovanni, the new star of the san jose earthquakes. what a chaotic process to get him suited up and ready to play against the l.a. galaxy. two days ago he obtained a work visa and re-entered the u.s. to get that visa he had to go to tijuana. they decided not to drive in because they fear add long line so they walked through customs and back across the border. the team has been training him since he returned and will likely give him a cameo appearance and a match which starts at 1:00 in los angeles. are you ready for football? preseason game about to get underway for the niners and the raiders. laura behnke has that and highlights in morning sports.

>> good morning. he's arguably the team mvp this season for one pretty big reason. as aubrey huff goes so too go the giants. no surprise while san francisco had struggled over the last few series, so has huff. so much so that he got thursday night off in order to recharge. last night he was back, so was bumgarner. a wild card showdown. talking to bum garner helping his cause. that's going to score mike from second. the giants take the 1-0 lead. the next inning, 2-1 giants now, sandoval the blast. the giants the 3-1 lead. until the seventh after a double, you guessed it. aubrey huff, the towering shot, a two-run homer. 2 for 3 with three walks. the giants go on to win, 6-3.

closer to home, the a's continuing their weekend set against the rays after snapping tampa bay's win streak. top seven, the rays have led now it's 3-3. jerry blevins let them go deep a. home run, the rays up 4-3. the a's happen to come back. they do. tied at four. cliff had a game winner. the grounder is an error but still safe on the error. a's win 5-4. they have four victories in a row. the raiders landed in chicago. tonight the preseason continues for the silver and black as they take on the bears at 5:30 at soldier field. not expected to last long so that gives limited time to come wake-up the first t.d. of this exhibition slaxt for the niners they wait until sunday but we know a couple of players who have to wait even longer. yesterday mike singletary and

vernon crabtree are both out. both have been limited in practice, that's good for precautionary purposes but bad for slow. and training camps what they need right now. >> we have to get the work in. if we think we have names and we're going to show up and get it done that's crazy. we have to get out here and get the work in and continue to take strides. >> not only is the circus about to come to town but the circus is actually going to play. yes, brett favre will be under center as they face the niners with the on-again off-again qb expected to play the first one or two series. but he's not going to hook up with one of his favorite receivers, percy harvin. not making the trip due to his migraine episode. they sent him to the hospital by ambulance during thursday's

practice. the good news, harvin was back at practice but did not participate. he says he feels fine. it's unknown when he'll resume activities. >> health officials in oregon are trying to determine how members after football team became sick. the school superintendent is shifting the focus from the coaching staff to the players' habits. the superintendent canceled camp and brought in experts. one possibility is that some players took supplements. for now the exact cause remains a mystery. more ahead. first comes love, then marriage, and divorce? the governor weighs in on a new part of the prop eight case. a wrong way driver lands on the wrong side, should we say

the front end of the law.

good morning. welcome back to the program everyone. 7:30 is the time. hope you have a great weekend planned. a lot of fun stuff to do. it's going to be a little cool this weekend but craig herrera is here to tell us, if you like the warm weather wait. >> 90s, in fact. this morning, though, over the weekend, all the fog is still with us. thick every morning and evening. so, we'll get a little sunshine. if you go to the beaches not the case. 2100 feet deep the fog is. a storm is passing to the north. when that's moving to the north it's not going to give rain but a thick fog bank. good air quality for the bay area with the sea breeze coming through and the a's and the rays taking on the game today at 6:05

p.m. for that game, clear to start with, late clouds coming through, low 60s as we get started. by the time you head home closer to the 50s. there's your daily planner. 70s and a few low 80s, more on the 7-day 18 bit which has the 90s in the forecast, it's not a typo. and it's finally making it back to the 90s. more on that in a bit. >> thank you very much. we've got developing news this morning to bring you from sweden. the founder of wikileaks is suspected of molestation and rape in two cases. julian assange denies the allegations. on the twitter page he calls the charge es without basis and deeply disturbing. prosecutors say the warrant allows the police to arrest him but doesn't necessarily mean charges will be filed. he angered the obama administration. flood waters in china are rising after torrential rains dropped

on the sichuan province. it's triggering land slides which have claimed 16 lives. more than 60 others are missing. rescue workers are battling to clear away rubble. the last few months more than 1400 people in china have died due to severe weather. today iranian and russian engineers are beginning to load fuel into iran's first nuclear power plant. it's a major milestone as tehran goes forward with its atomic program. the week-long operation to load uranium fuel into the plant in southern iran is the first step in starting a facility that the u.s. once hoped to prevent. russia pledged to safeguard the sight. election officials in haiti say wyclef jean cannot run for president of the nation because he has not lived in haiti for the past five years, that ends

his outsider's bid to lead the nation struggling to recover from the earthquake last january. the commission also rejected the canvasy of raymond joseph who is jean's uncle. jean disagrees but is urging them to respect the decision. a frightening situation for a utah state trooper who encountered a wrong way driver on a freeway who smashed head on into his cruiser. police dash cam video captured the incident. first the woman driving a white toyota went past the car speeding in the hov lane. the officer makes a u-turn, decides to take the lane on the other side until he passes the woman going the wrong way. the toyota smashes head on into him going about 35 miles an hour. the officer and the woman were taken to the hospital. neither appears to have been seriously hurt. it may soon be easier for gay married couples to get a

divorce. governor arnold schwarzenegger, as it stands now gay couples wanting a divorce hire an attorney and go to court but must go separately to dissolve their domestic partnership. now legislation seeks to change. that it can take one to two years because same s-sex couple have to go through two different proceedings. gop candidate meg whitman is getting an earful from welfare advocates who say she is stepping up rhetoric against recipients. in an ad she talks about her plan to create a statewide grand jury to root out waste, fraud, and abuse. it lays into alleged welfare fraud. she says welfare recipients caught using cash, benefit, atm cards, there are billions of

dollars of fraud in welfare alone. enough is enough. still ahead, planning on picking up gift cards this weekend? you might want to wait until sunday to do that. we'll explain. airlines go up but fees aren't coming down. how passengers can fight back.

the ipad is hot on college campuses and could one day make books a thing of the past. students will get ipads this fall. one school has them beat. st. andrews is one of the first in the nation to hand out ipads to every single one of its students. the school is putting its stock in new technology. they don't want out-of-date text books. the ipad solves that. starting tomorrow new rules for gift cards that will make them more attractive for

recipients. leanne gregg shows us what you need to know the next time you hit the mall. >> reporter: if you plan to buy a gift card you may want to wait until sunday. a new law slides into the scene governing the gift card industry. >> under these new rules, gift cards will last longer, and some credit card fees won't be quite as brutal. >> reporter: the cards will no longer be allowed to expire before at least five years. each time you reload the card, the five-year clock starts again on the amount you add. consumers will also be shielded from annoying hidden fees like service or non-use charges. >> that's good news. >> there is one big exception. a fee can be charged if you don't use your card in 12 months. >> we hear complaints from consumers who give gift cards but find throughout is a lot less money on them when they go to use them. >> reporter: which is why the

consumers union applauds the changes. the rules apply to store cards along with mastercard, visa, american express and discover branded gift cards. and soon more user friendly than ever. leanne gregg, nbc news. coming up on the bay area saturday, here in california the most exciting thing that happens in swimming pools is usually a cannon ball. not in florida. how a gator wound up in the deep end.

>> >> here in the bay area some people have inflatable alligators in pools but not in florida. they got the real thing. check it out. a homeowner discovered a large gator, and we mean large, i don't know if there is a small alligator when it's in your pool. a trapper was called but the gator as you see did not go quietly. it took some time but the trapper wrangled it out of the water and released it back into the wild. >> somehow i don't think that's

unusual for that area. >> i guess what was unusual -- >> i mean, just that like in some pool in florida, right. you got so many of them. >> doing what alligators do. going for a swim. >> swimming weather today, not really. how about monday? >> perfect. some of us back to work, back to school. let's show you, san francisco, you know, it's not the best day to head out to the aquatic park. swimming along the beaches, not the best day to do it. monday and tuesday, 70s are back in the forecast. next shot as we head out over oakland, lots of cloud cover here but some clearing in time for the game later today. and also for tomorrow. tomorrow would be nice for the game. san jose, lots of cloud cover here. then we've got 50s all over the bay area. look at the cloud cover and a lot of the live shots. we've got pretty good fog, 2100 feet deep. it's sitting at 58 degrees in san jose, 54 in -- with the fog

bank at 2100 feet we've got a lot of that passed well over the inland spots over to livermore, fairfield, gusty winds there. a couple of things happening. one storm here, another right on its heels and both swinging up and over the bay area. they are giving us a deep fog bank and that blows in. there is warm air to the south and also very hot air over the desert southwest. all of that coming our direction. we have the 90s for you at the beaches as we get rid of the fog, the wind out of the north, the beaches close to the 60s and 70s. the a's game today, 6:05, late clouds fairly clear as you get over to the game. as you look across the bay toward san francisco you'll see all of the fog coming our direction for the game. it's tomorrow we have the uv index at 9 for the afternoon game. 62 san francisco, 81 in livermore, a couple of 80s for morgan hill. 75 in san jose. keep in mind this time of year places like san jose are in the

lower 80s. we're about 10 degrees cooler. here is the seven-day forecast. probably a couple more on monday. might be more conservative with that. we'll see more of those on tuesday, certainly wednesday as well. then pause a moment with craig, on the weekend this is nablina, she survived a root canal. waiting for her mom. then this is her with her hiking boots. isn't that cute. then scott of san francisco and zoe. look at the little dog. so cute. send your pictures. i'll put those up. >> we have boxers. thank you very much. >> so, you think you can eat a lot in one sitting? well, you can put your appetite to the test at san francisco's street food festival. hot dog eating champion joey chestnut will battle it out at

4:00. pep too business mol is sponsoring it. chestnut will go up against five challengers t. winner will walk away with bragging rights, a championship belt, a year's supply of perks, pto and $100. still ahead, could lightening up prevent you paying up. the tricks to skip out on extra airline fees. [ man ] i was deciding what to do

with my citi thankyou points when it happened... [ glass breaks ] ...again.

♪ [ child ] run! [ man ] first it was the mailbox. then my squirrel. and now, this. so i used my points to make a donation to get the park down the street built. when it finally opened, i also used my points for... car repair. [ male announcer ] use your citi thankyou points for almost anything, even local charities. what's your story? citi can help you write it. president obama is joining his family this weekend for r and r on martha's vineyard t. first family is making quite a splash on the island. mrs. obama took sasha and malia to get ice cream as vacationers gathered for a glimpse. the president shows he played golf with a staffer and jane clybourn of south carolina. today is the second day of the

planned 10-day vacation. if you are planning a getaway or of your own you know fees are a fact of life for any one buying an airline ticket. if you take to the skies as summer vacation closes you may be in for sticker shock. as tom costello reports passengers are finding ways to fight back. >> this is the trip the family has been waiting for all summer. they are headed to orlando for three days at disney world and the water parks but rather than paying to check the luggage she stuffed everything into four carry-ons. >> we took what we need, not what we want. >> reporter: for three days? >> yes. >> reporter: a half a carry on bag. >> yeah. we squeezed it in. >> reporter: if they check six bags they would be out $160 bucks each waxt across america americans are lightening up to avoid paying up.

fees can be 15 to $25 per bag except on jetblue and southwest. if you fly spirit air your carry on can cost up to $45. then the fees to book your flight by phone to board early, for leg room and aisle seat and food, big fees to change a reservation. >> you want cheap airfares without the extra fees. that's not the reality of where we are right now. >> reporter: the airlines insist if you look at strictly the base fares tickets today are cheaper than they were 10 years ago. but of course ten years ago the airlines weren't charging to check luggage. last year the airlines earned nearly $8 billion on fees after a decade of losses starting to turn a profit. >> it is extremely important, it's a revenue stream that's a necessity, one that i absolutely believe is here to stay. >> in atlanta ken refused to pay extra to check his oversized suit case. >> i could have paid $65 but i

wasn't willing to pay $65 when the ticket cost $160. ridiculous. so this suit case is gone. >> reporter: he threw everything in the trash before flying to omaha. as for the family the $300 they saved on luggage will be going to school supplies. nbc news, washington. >> we'll be right back with our pet of the week. is soft on cats. but deadly on fleas.

so ask your veterinarianfo var e,adte the flea specialist, for effective, but gentle flea control.

it's about that time on saturday for our special guest from the humane society of silicon valley. liz is here with bailey. very nice, she knows i prefer larger dogs, when i'm filling in i get the big dogs. tell us about bailey. >> he is a little too big. on a dixt he is a golden retriever mix about 7. everything is sweet what golden

retrievers are all b. how calm and relaxed. but he has a nice bouncy step even though he is a little overweight. >> tell me briefly about what we want to give you an update a dog in here a couple weeks ago. >> max. >> good news. >> good news for max. a bay area viewer saw him on tv and adopted him, gave him a wonderful home in los gatos. he was the 11-year-old shepherd mix that had lived his first 10 years in a crate in a garage. he came as a result of a cruelty investigation so. another happy ending for a humane society silicon valley dog. >> great. thank you very much. bailey. thanks for joining us. sorry to hear about the diet. we know those are never fun. thank you for joining us this morning. we're back here 7:00 tomorrow morning for another hour of news. stick around of course nbc bay area news at 5, 6 and 11:00.

and news all weekend.