new this morning, the city of oakland expected to weigh in tonight on a possible new dog park near lake merritt. sounds simple enough but has residence snapping at each other. i'll have that story coming up in a live report. it might be the biggest score of his career. nothing to do about football. tell you about joe montana's multi-million dollar pitch. a cal student arrested in a rally now faces deportation. it's wednesday july 13th, this is "today in the bay."

good morning, everyone. i'm scott mcgrew. it is 4:30. let's go to meteorologist christina loren for the forecast. >> it's been very, very cool lately. as we head through today, even cooler. what i can tell you, we're not going to get out of these overcast conditions for the next five or six days. low pressure stationary as a result. thick fog, so thick it's generating a mist and slick road conditions. let's find out if we have anything to worry about on the roads. >> we're looking at the south bay, looking at a mist, need windshields here. not a major problem for speed sensors. construction zones, 85 split 101, alameda off-ramp through downtown as well. further south, where the ambassadoroocity 880, off the summit, scott, one-way traffic control.

that's the long-term project overnight. should be clear by 5:30, 6:00. we're following developing news about a controversial new dog park. live in oakland with more about the dogs, good morning. >> reporter: good morning to you. there are two dog park locations being looked at, both of them near lake merritt where we are. a lot of bay area cities have joined this dog park craze but oakland not so much. one of the sites they are looking at is actually an alternative near children's fairyland, kind of hidden away by a grove of trees. the cost according to chronicle $40,000 for fence, landscape, woodchips, garbage cans, that sort of thing. this came up after some complained about a location astro park closer to the grand theater saying it would take away rare open space, lawn along the gateway at lake merritt used for sports and recreation for

people that don't have dogs. oakland has only five dog parks and no dog park rules in city parks. san francisco has 17 dog parks by comparison. dog lovers in oakland pushing for a change many giving a thumb's down to the astro park location which has preliminary approval from the park's commission. any other site they say would add to the delays. the park's commission will pick a plan -- expected to pick a plan tonight or perhaps even drop the idea all together. reporting live in oakland, christie smith, "today in the bay." >> christie thank you, much. chalk up another huge win for joe montana. his proposal for a luxury hotel, upscale restaurant across the street from the proposed stadium took a big step forward. the city council said it would work exclusively with montana and his group for the next 18 months. that means no other companies

can bid on the empty lot in santa clara. they are convinced their hotel and sports bar will turn santa clara into a destination. >> what do you think of the vote. >> it's good to win but a long way from the process. >> the city council went against the city manager's recommendation to open up the process to everyone to mat bidding competitive. the hope is to have the hotel and restaurants up and running when the stadium opens for business, assuming, of course, there is a new stadium. this morning we are waiting official word on whether charges will be dismissed against a man who boarded a plane wearing saggy pants. the san mateo district attorney expected to file its decision today on charges against desean marmon. he was arrested in june after he refused todd leave a fight. it started after he was asked to pull up his sagging pajama pants. yesterday more than 100 people rallied outside san francisco

city hall asking the board of supervisors to call on the faa to investigate the investigate. you see berkeley student senator could be deported after being arrested during a student rally in california. he was one of seven illegal immigrant students arrested in san bernardino after they blocked the city street during a rally. they are worried he could be deported. anyone in jail has fingerprints sent to ice agents. he has lived in east bay since his family brought him there on a tourist visa when he was 11-year-old. a rocky sea sued climb turned deadly for a 22-year-old man from sunnyvale. police on the big island of hawaii say he died monday after he climbed up a cliff. a wave knocked him into the ocean, carried him about 100 yards out to sea.

rescuers found him face down in the water. they tried to give him cpr but he later died in a hospital in oahu. the family of 44-year-old david pots will turn home thursday. rescuers called off the search yesterday three day after he fell into a blow hole while vacationing in maui. a rocky formation like a vertical cave. they were hiking near the blow hole on maui's northernmost point when a huge wave knocked him into the hole. >> i said, david, you might watch out. that's a big one. before i got the full phrase out, looked over his shoulder and the wave was upon him. i did my best to reach out. i watch him disappear. >> family members say pots was on vacation with six-month-old son and his wife recovering from chemotherapy treatment.

this morning for the first time in more than a week the u.s. coast guard will not search the waters for baja, mexico, for the seven fishermen from california. the navy and other fishermen will tip to searching. a dive team is going to go down to the shipwreck to certainly for bodies. 44 people were on board the fishing boat during fourth of july weekend when it capsized. nineteen u.s. tourists, 16 crew members made it safely to land. one man was found drowned on a remote island beach. a memorial service for him will be held at glad tidings church in san francisco. the heir to a bay area porn empire faces life in prison for beating his girlfriend to death and kidnapping their young daughter. a marin county jury convicted him of first degree murder. they say he beat her to death with a softball bat in her novato home during a birthday party for their infant daughter in 2009.

mitchell took off with the baby and was because the five hours later. his daughter was not hurt. mitchell is heir to mitchell brothers porn and strip business. he'll be sentenced in august. in oakland charged with murder and shooting death of a high school senior. franklin was killed riding his bike may 25th just two weeks before graduation. the castlemont high school senior planned to go to college. michael anthony is charged with franklin's murder and attempted murder of another bystander. police say the two men had argued before the killing but there's no word of what the argument was about. it's official, concord students caught skipping school will be fined starting this fall. last night concord city council approved a daytime curfew for school age students. students because the out in public will get warned first and then fined on a sliding scale up to $500 bucks.

if parents know their kids are cutting class, they will be fined as well. the new curfew can go into effect as early as august 23rd. let's check in with meteorologist christina loren. >> i enjoy a nice hot pass trami. so far so good. changes in our weather pattern from last week when we were enjoying summertime weather. this week fes like fall out there. fog so thick yesterday we actually measured rainfall totals 0.05 in berkeley, oakland registered with 0.03 inch. the fog is so thick this morning we're going to see more in terms of precipitation coming down from the sky from that heavy fog. show you where the showers are.

here is that area of low pressure. right now inched its way bought pacific northwest. it really hasn't moved much over the last 24 hours. can you see the showers associated with the front are well off to the north. it is driving significant on shore flows. we have thick fog all the way from san francisco to antioch. we're going to experience probably a little bit of mist this morning. probably be using those windshield wipers on the way to work. that means plenty of time and travel cautiously with slick conditions and no significant rain in the past two weeks. that means all the oil that's collected over the past two weeks has an opportunity to be really slick out there. you want to take it easy. take a look where we should be in terms of our daytime highs, 89 in danville versus 66 yesterday. we're subtracting an additional 3 to 5 degrees as we head throughout this afternoon. the cooldown continues into tomorrow and friday. looks like we're not going to get out of this wet pattern, overcast conditions until next week, maybe tuesday. 55 degrees right now in oakland. you're on your way to about 63

later. that's it. 60 in san francisco and 72 degrees in livermore, your full forecast in just minutes. let's get that drive information we're talking about with mike. >> we're driving through not gloom june but july. i do want to point out the construction around the 5th torts fruitville, watch for that lane block. that should be clearly up in 20 minutes. a live look at oakland, show you what we're talking about. christina talking about moisture in the air, look at glowing lights, misty conditions for all roadways. watch those off ramps especially. that note christina gave about the oil can be a factor in the off ramps coming off the bends. 680, diablo. wider towards livermore a nice drive as well.

got those sensors around airway where we see yellow and red. typical this time of the morning because there's ongoing construction and crews are there. they are moving slowly and messing with sensors as well. >> messing with them. thank you very much, 4:41. america's cup by land, air, and sea. show you plans for the waterfront. hollywood execs are ht your expense. new limits on netflix unlimited plan.

i kid you not that woman there in the corner being handed a piece of paper is a rocket scientist studying astro physics proofing the brains of the operation are not on your tv screen. the women's soccer team has one more hurdle before going to the world cup finals. bay area soccer fans will cheer them on on the big screen outside san francisco city hall. today's semifinal game between the u.s. and france will be shown on a 13 by 17 foot screen at civic center plaza. the match starts at 9:00 this morning if they win -- of course they are going to win -- they advance to world cup finals july 17. last week the women's team beat powerhouse brazil in a thrilling game that was down to the wire in penalty kicks. this morning we're getting our first look at how san francisco's waterfront could change in advance of americas cup yacht race 2013. here is the drawing of the

americas cup village that could be built at piers 27 and 29. organizers planning to build tents for spectators along the greens. spectators will catch the action on boats between piers. vips will watch from special areas on alcatraz. a public hearing will be held august 11th. netflix will raise prices by 60%. how many lawmakers does it take to screw in a light bulb. more on that, nichol lapin. >> a question you want answered. the latest fed meetings suggested some officials were considering more stimulus plans if the economy slows down too

much but weren't necessarily ready to take action. markets focused on debt crisis as because the to junk status. if the economy grew faster than expected this spring. europe is now higher. we do get some of our import price data out this morning. but most of the attention i've got to say is going to be on capitol hill today, fed chairman ben bernanke testifies on the economy. to recap market action, choppy volatile trade, dow falling 58 points at 12,446, nasdaq composite lost 20 to 2781. no, dvds are not dead yet but they are going to cost a little bit more. netflix raising prices of dvd and streaming movie prices to customers paying 10 bucks a month for one dvd at a time and unlimited streaming will now pay $16. if you opt for dvd or streaming

only, that's going to be $8a month. those changes go into effect immediately for new subscribers and september for existing customers. how many governments officials does it take to screw in a light bulb? they didn't get enough votes for an energy standard next year that would keep the market for cheaper incandescent bobs which haven't changed a lot since thomas edison in vented them. the government shouldn't force folks to buy those. did i answer your question? >> indeed, nicole, you did. thank you very much. let's turn to christina loren, meteorologist christina loren. hello. you're putting on your mike i can tell. >> a mike malfunction. let me hook it in.

live television. welcome to hump day. it's going to be good if you live inland, near the coast in san francisco, one of those gray, cold days. you'll need that jacket. take a look at measured rainfall yesterday. measured precipitation coming from that really thick fog. you'll likely encounter that on your way to work this morning. probably going to need those windshield wipers from the east bay to south bay up through the peninsula this morning and north bay as well. we have very, very foggy conditions. as a result, the fog is so thick that it's generating a mist. this is the reason why. we've got this area of low pressure, a really stubborn area here, kind of sitting and spinning over the pacific northwest. i showed it to you yesterday, hasn't moved all that much. as a result it's kicking in that on-shore flow. you can see it vividly on the satellite imagery. the showers are well to our north. what you'll experience on the way to work, drizzly fog, that's all it is, mist.

the fog is so thick they aren't rain showers we can track as they move west to east. interesting pattern for us today. usually we do not see that marine push so far to the east that it generates that foggy drizzle in places like livermore. this morning, yeah, you're going to find that take a look at where we ended up yesterday in terms of average high, 66 in danville, 89 is the average. we're not expecting temperatures to resume until their norms until the middle of next week. if you're waiting for summertime, you might wan to hit southern california, which is much, much warmer than we're going to be. i'll get to that in a moment. 57 in sunnyvale, mostly cloudy conditions relatively uniform numbers. that marine air will pull in great for the most in the south bay and east bay, take a lot longer than yesterday for that clearing to take place. watch out for overcast skies in

the east bay and south bay until noon. meanwhile peninsula, you could be socked in all day. san francisco, same in oakland. 72 in san jose. the good news is you're turning off that ac. you're giving your pg&e bill a break, whereas most of the nation is suffering from oppressive heat. high temperatures, record highs across the board through the midwest and texas. for us, we're the envy of the nation. 70 that's it for tomorrow, 77 by friday. temperatures stay nice and mild below seasonal averages before monday. we do start to gradually climb saturday, sunday, monday, tuesday, but not by much. still by about 5 to 8 below where we normally see our temps this time of year. i don't know if you're enjoying it. >> love it. absolutely loving it. perfect ped trainian weather. coming up an update to a breaking news story we first brought to you yesterday. we'll tell you more about a mother who plowed her car into a fire station with her daughter

in the passenger seat. and got pms.

controversial new got milk adds across the state. inches

breaking news story from yesterday morning. a 17-year-old girl is hurt but expected to be okay after his allegedly drunk mother crashed into a san mateo fire station. this is video of the suv after the crash. the front end smashed in.

the girl was treated and released from stanford hospital yesterday. her mother from oakland faces felony dui and child endangerment charges. she's still in the hospital but was not seriously injured. let's check win laura who stayed up and watched the all-star game. >> i did. can you tell? >> you tweeted about it. you looked great. >> i wanted to see the closure. thank you. let's get to video. we're following latest developments in the saggy pants saga. prosecutors could formally dismiss charges against deshon marman this morning. he was arrested after he boarded a plane with his pants a little too low. marla tellez is following the story for us this morning. the man behind tesla breaks ground on an entirely different project. it's all ahead at 5:00. i have a couple of minutes to finish getting ready. take it away. >> speaking of, the people behind got milk are trying to

get men to buy milk for wives and girlfriends as a show of sensitivity. turns out their advertising strategy is offending pretty much everybody. the statewide campaign is called everything i do is wrong. the gist of it is milk helps women fend off symptoms of pms. the billboard showed confused men with tag lines saying i'm sorry i listened to what you said, not what you meant and i apologize for not reading between the right lines. the dairy ad is not supposed to be offensive. the campaign built on the milk ad. a 2005 study shows milk can help improve pms symptoms. i think the whole world should be offended. i don't think a specific gender should be offended. >> i'm looking at trying to interpret another way, i didn't intend for it to be offensive but it is. look out for the roadway where we have billboards, some of those milk ones will be changed soon. looking at antioch on the far

right of the screen. bridge, construction with one-way traffic control, picked up in the next couple of minutes and not presenting a major problem. summersville road at the off-ramp and passing the off-ramp. that's clearing up about 6:00. the slowdown will start before then. we'll track this carefully as well as the san mateo bridge exiting off 92 san mateo bridge off 880, construction blocking the connector to the 880, headlights we'll encounter that. westbound, utilities you can barely make out through that misty, foggy view on the lens, you're going to have debris. t just alllloi thehe moiure i m ir as well. watch those slick roads.

coming up, more news.

this morning the highest