fishing boat capsizes near the cliff house in san francisco sending three people into the cold, cold water. we'll tell you how they got out coming up in a live report. in a battle to put more police on the streets in oakland, how the city plans to bring back close to four dozen officers. a live look outside this morning. it's wednesday june 29th. this is "today in the east bay." good morning, everyone. i'm scott mcgrew.

it's 4:30. let's check win christina. it's got to get better. it was yucky yesterday. >> it was yucky yesterday. and yes, this is the end of june. very unusual to have the rainfall totals that we accumulated yesterday. i'm going to show you those coming up, show you which east bay cities picked up the most rain. we're not out of the woods yet. take a look at the system. right now spinning over california as i zoom in for you, you can see where the showers are this morning. they are very, very isolated, very light. for the most part they are going to come up from the south moving that moisture to the north. san jose, if you're headed down that way this morning from the east bay, take it easy. as mike inouye and i were just talking about, it's still slick in spots, right? >> sun hasn't dried things out. sun asleep with most of our viewers. looking at the roadways, approach to the bay bridge, still construction on the lower decca construction zone. lots of changes going on. that's why they needed to

declare that. one lane blocked. construction for the caldecott tunnel. should be picking up right now. we do have one in each direction open. scott, the rest of the bay area, light construction because of that rain crews weren't able to get out last night. >> mike, thank you. this morning we're following developments from the north bay where coast guard rushed to the aid of a capsized commercial fishing boat. today in the east bay's kristi smith is live in san francisco with that. good morning, christy. >> good morning to you. what a night for three people out fishing for crab near the cliff house in san francisco. their boat capsized sending them into water the coast guard tells me was 55 degrees at the time. this is a commercial fishing boat, 49 foot long boat. the coast guard got the call about 12:40 this morning. i spoke with them. they tell me the owner and two others were able to deploy a life raft and try and help themselves. the coast guard had them out of the water by about 1:05 this

morning. they tell me there were 270 crab pots on board, 80 of them full of crab. somehow the weight on the boat shifted and that's what they think caused the boat to tip over. one man was taken to the hospital for evaluation for possible hypothermia. the other two we're told are recovering and doing just fine. i'm told the boat is out of arcadia. the boat is still in the water this morning partially submerged, and so is the life raft. the coast guard telling me they are keeping an eye out for it right now. it is dark out there. they expect to get calls from other boaters seeing this partially capsized boat out there. they want everyone to know all three are out of the water at this hour. reporting live in san francisco, christie smith, today in the east bay. thank you. martinez police officer has died after a two-year battle with cancer. friends and family will gather to remember sergeant brian

carter. carter died last week two years after he was diagnosed with non-hodgkin's lymphoma. he planned to return to the force after a bone marrow transplant but things took a turn for the worse. sergeant carter was 37 years old. this morning's funeral service will be held at 11:00 at the fairfield community center. this morning an east bay family mourning the loss of a loved one, a decorated soldier on his third tour of duty overseas. the pentagon says specialist kevin hilaman was killed in afghanistan on thursday when insurgents attacked his unit. he joined in 2003, served in the infantry. during his three deployments overseas, he earned the purple heart and bronze star. the 28-year-old was most recently from albany. dozens of people coming together to pray for an east bay teenager in critical but stable condition after a sand collapsed

on him. he was with his church group at sunset beach near watsonville when the accident happened. members of creekside church have gathered each night for prayer vigils. more than 150 people have come to those gatherings. has family created a website posting updates on his condition. they say the 17-year-old is being slowly weaned off of drugs that are keeping him sedated. oakland doing what it can to keep its officers on the street. the city council looking at a proposal to save 44 police jobs. now, it sounds like good news but as "today in the east bay" cheryl hurd reports there's a lot more to it. >> oakland is stepping into the realm of common sense. >> reporter: oakland city councilmembers are trying to figure out ways to put cops on the streets. >> if we get 44 back, i would love to put 44 back in police cars giving service to the city. >> reporter: that's easier said than done.

>> we can't afford to be a city where we have only police and fire running around but nothing else keeping our children motivated, inspired. >> reporter: there's a $58 billion deficit looming over the city. a tentative compromise has been reached with the open police union and four other city employee groups. they are willing to pay a part of their pension plan. but the problem is this. if councilmembers vote to carve out money to bring 44 of them back, 44 officers will be heading out the door through attrition. a math equation the chief says he has to deal with. >> this year if things go through, we're budgeted for 650. we want to go a little above that by 20 to 22 knowing we're going six a month worse case scenario for a year. for me i'll take it. >> nbc bay area news. >> 4:36 right now. bart will pay $1.3 million to oscar grant's mother to settle a civil suit.

she was joined by her brother and civil rights attorney john burris at a news conference in oakland following the settlement yesterday. now, the settlement does not include any admission of guilt by bart or any of its officers. grant's mother says the decision to reach that settlement with b.a.r.t. was difficult. >> no amount of money would ever make me satisfied. what would make me satisfied is that my son would be here. that's what would satisfy me. >> grant killed by former b.a.r.t. police officers johannes mehserle in 2009. sentenced two years, 11 months and released earlier this month. this is not the first time b.a.r.t. has had to pay out for this incident. b.a.r.t. settled with oscar grant's daughter for $1.5 million in january 2010. the oakland fire department still working out the source of a diesel fuel spill that left an oily sheen on the surface of lake merritt. cleanup crews finished their

work around 7:30 last night. they left a containment boom on the water as a precaution. the fire department doesn't know how much fuel leaked but the battalion said it was covered before crews were able to contain it. check in with christina. >> supper soaker through the bay area. we're not done, showers creeping from the south, moving to the north. this morning the east bay is getting a bit of a break. i wouldn't be surprised to see a couple of isolated showers move into the east bay as we head to the next couple of hours. after that we will really start to wind down. take a look at our record june rainfall in the east bay. concord picked up half an inch, a little over half an inch yesterday. that was one of the weaker areas. oakland over an inch of rain. san rafael over an inch of rain

there. napa, vallejo close to one inch. substantial rainfall amounts. as we head to the remainder of the week, warm-up kicks into high gear. triple digits in the east bay. i'll break those numbers down for you coming up. right now over to my traffic boo. he's covering everything closely. >> or traffic boo, if you're looking at the screen now. we still have most of the roadway in recovery from the rain, no chance for sun to dry out. no major congestion yet. still a little early for that we do have construction coming across the antioch bridge. keep in mind though crews cleared from the roadway, there still might be activity slowing you down overnight traffic control on that span as well. then we do have a little further south, we have some slowing through the walnut creek but no major issues. not enough to turn those sensors yellow. smooth through caldecott tunnel

registering construction cleared from there, lower deck starting to clear. the bay bridge, look at the toll plaza, scott, light volume here. some puddles in spots like this because of the overnight rains, so watch it because we still have off ramps to watch out for. >> thank you much. coming up three months later a plan to help out some east bay homeowners whose homes are still threatened by mudslides. the state budget is balanced but it may not stay that way. why we can find ourselves in another financial crisis soon. plus san jose may get a pro basketball team, sort of. we'll explain that and how the warriors are involved as we return. a live look at the bay bridge as we go to break. 4:40.

welcome back to you. it's 4:43 as we take a look at 880. just in the nick of time jerry brown expected to sign the budget, just a few days before it's supposed to go into effect. both houses approved the plan last night with little debate of the budget was worked out between governor brown and democratic lawmakers who have enough votes to pass the budget without republican support. the plan eliminates a $26 billion deficit through deep cuts, but no tax increases and some very optimistic revenue projections. if that money does not show up, even deeper cuts will take place. now, republicans who had said it was possible to pass a budget

without tax increases were quick to say i told you so, even though they didn't like the end result. san francisco zinga expected to make big news, company expected to file papers to go public. how much they could make and the rest of your news before the bell with nicole lapin. >> that's not virtual money. investors await the outcome of the austerity vote in greece. if the greek parliament passes the plan the country could have a bailout. asian markets higher overnight on the optimism, europe positive. we do get our own data on pending home sales. a recap the triple digit gain yesterday, dow up 145 points, 12,188, nasdaq composite added 41 to 2729. google is taking another stab at social networking. it's unveiled google plus which aims to make online sharing more like real life. users can share small things

with small groups like college friends or co-workers at tnt v whatever you want. google plus is only available by invitation. it's experimented with several social tools since 2009 with limited success a la buzz. the company behind highly addictive football games is looking to cash in on wall street. they could file an ipo and value the company up to $200 billion. they have 250 million viewers selling virtual items to use in the games, you know, like real money for fake crops and cows and whatnot. not my thing but i wish i came up with it. >> it has come to this and we're all doing this with a straight face. >> not me. >> i couldn't keep mine straight either. city of san pablo wants to help homeowners whose homes are sliding down the hill. the homeowners want more. they want the city to accept full responsibility for the landslides and pay for permanent repairs. today in the east bay's traci

grant in san pablo where this battle is playing out. >> it's understandable the homeowners want their properties fix. at the end of the day that's what they want. the city has offered a temporary solution with some indemnity language. >> san pablo assistant city manager is essentially adviseing a group of homeowners to take what they have been offered because it's all they are going to get. six homeowners on limon and h k hillcrest street have been watching their house slide down the hill since march. they are asking the city to foot the bill. they say it's not the city of san pablo's fault. >> it would be fiscally irresponsible for the city of san pablo to spend millions of dollars, exact amount is not known at this point, on six private properties. >> reporter: property attorney says the most important thing to remember is that these slides

happened on private property. she said she handled landslide cases in the past. unless the city of san pablo did something to cause the landslide then it has governmental immunity. >> the homeowner can seek recovery for the damage to his property from the developer, the person who built the house, or from the owner -- prior owner who sold the house to him or her. >> reporter: she said that's what the homeowners need to do instead of blaming the city for not informing them of the neighborhood's history of landslides before they bought the property. worthy said last week fema denied funds to help the property owners. despite the threats of a lawsuit the city will seek a further option trying to seek financial help from the straight on behalf of the homeowners. >> speaking of rain and mud, let's check in with christina. >> good morning, mr. mcgrew. slick spots left over from the

showers. today temperatures not expected to be all that warm. however, tomorrow they start to climb. we're talking about triple digits back in the forecast as of this weekend. kind of a wild weather week a lot of people let me know they often get sick when we see extremes happen fast. make sure you're aware of the fact we're going to see a big time change as we head to the weekend. temperatures climbing into the mid-90s in the cool spots in the east bay as we head through saturday. the warmest day in the period. this is what we're looking at. we still have the system of low pressure, wrap around moisture from the south. right now everything we are noticing in the bay area is very, very light and very isolated. just that one cell up here to the northeast of san jose. that's it right now. we could see some of that action develop as we head through the next couple of hours. after that showers will wind down. today will be much cooler than average as we still have a lot of this cool marine air pushing into the bay area. that means our highs will be in the 60s and 70s as opposed to

close to 80 degree weather we typically have this time of year. them starting friday, we're talking about hot, hot weather in san francisco, 80s. triple digits in some spots. now the fourth of july. it's going to feel like the fourth of july. 93 degrees. take a look at our temperatures, scott. what a difference a few days will make. 72 hours between wednesday and friday, quite a jump. so i think it's time to break out those muscle shirts again, mr. mcgrew. a's back in oakland tonight hoping for clear skies. last night a rare rain delay forced the game start time more than an hour backwards. when things got under way, gonzalez got on center stage. he allowed just one hit over eight innings helping the a's get to a 1-0 victory over the marlins. two teams play tonight 7:05.

san jose may get a pro basketball team after all or at least close to it. the warriors say they bought the dakota wizards of the nba development league. one source told the bay city news group the warriors hope to move the d league team to san jose. nba team sends players to d league for developmental purposes. right now the wizards are based in north dakota. so we have to hope they will be willing to leave north dakota. u.s. women's soccer team getting their world cup off to a great start. 2-0 shutout over north korea in pool play. cheney and bueller scored tore team usa. the women are off until saturday when they play columbia. coming up the first lawsuit after the deadly amtrak train crash near reno. that hits the courts. plus "the voice" will be chosen tonight. a look at the performances. we can tell you how you can audition for the next season. and we're looking at 24,

caldecott tunnel all the construction cleared as well, smooth drive towards the bay bridge on this llroute.i' sw lli'ho show you what's developi and what changes are happening even right now as we speak.

welcome back, you're looking at the bay bridge. it's 4:53. the tv show "the voice," which i've never seen, because i get up too early, ends tonight.

♪ the four finalists rocked the house last night, each performing an original song with their duet coach. voting open until 7:00, then winner crowned here in the nbc bay area. they will be awarded a contract and $100,000. they are casting, crews will be in san francisco in august looking for new tal en. they will be here the 23rd and 24th. exact location to be determined. if you cannot make it to the audition, you can also submit online at nbc.com. let's check in with marla in the newsroom and see what's ahead. good morning. >> good morning, scott. democrats forced through a state budget. look at the fallout all morning long with live reports from l.a. and sacramento. an update on real life

episode of deadliest catch as coast guard rescues a fishing crew from a capsized boat just off the coast overnight. that happened in the north bay. lots of talk about strange lights over london. is it an alien invasion or clever viral marketing campaign. our bob redell digs up some grub for us. when i say digs up, literally, digs up. >> i'll watch anyway. let's check in with mike. >> good morning. you've seen bob eat in the newsroom. that's not a pretty sight. >> bob once pretended to be a cow inside another cow. so we've done just about everything with bob, who is awe make. >> he rocks the world, even the north pole comes christmas time. look here and see what's rocking your world. a construction zone, i haven't gotten full confirmation each and every one of these areas has picked up but overnight we've had construction going on.

the rain might have prevented the paving crew from getting out there. you might have to use castro or 7th on 980 for the next 10 or 15 minutes if they have a crew remaining on scene. a live look at the coliseum, another game over there, traffic there. light volume now. all you have to worry about is wet roads that remain because of slick spots and puddles. >> thanks, mike. 4:56, possible disaster avoided. at the sacramento airport deputies arrest add man after they found a loaded gun and several rounds of ammunition in his backpack yesterday afternoon. 49-year-old tan nguyen held on $60,000 bail. he's expected to be in court to face charges later this week. the first lawsuit over the amtrak train crash in nevada has been filed. an amtrak attendant filed yesterday alleging negligence on

the part of the truckdriver valley and his trucking company. valley was killed in the wreck of the train attendant alexander curtis of evanston, illinois was hurt, six others killed. valley accused of ignoring railroad crossing gates and signals and plowing into that amtrak train friday near reno. we'll soon find out if it's safe to go in the water at your favorite beach. natural resources defense council will issue its beach quality report this morning. that report will reveal which beaches have pollution problems, which ones tested clean. it will also include a five-star rating guide to some of the most popular beaches in the united states. this year the nrdc will also give out a superstar status to top performing beaches. coming up police looking into a string of robberies in the south bay. we told you state lawmakers have come nh a new budget. we'll talk about what that means for state college students. ew