new gluten free apple cinnamon chex. good morning. coming up on "today in the bay," police in san jose try to track down a killer after a man is found shot in the head. assange speaks out. the controversial wikileaks founder makes his first public appearance in two months. the sex offender escapee who crossed state lines. e-i-e-i, turf war at farm. "today in the bay" starts now. good morning, everybody. sunday morning, 7:00 is the san mateo bridge, fog, clouds, a little sky. not quite blue sky. thank you for joining us. i'm garvin thomas in for kris

sanchez. let's check with rob. there was a lot in there. which is going to stay and which is going to go? >> glass half full or half empty? low clouds made their way inland to pleasanton. it is a cool start. we have low 50s outside right now. low cloud pushed in by a strong sea breeze into fairfield. the day part forecast looks like we'll take 90s off the board. inland today, this includes livermore and out towards fairfield. we're looking at mid to upper 80s. warmest places. 60s to mid-70s for most of the bay today. the seven day is looking a little cooler as we get back into the first half of the work week. look at that forecast coming your way in a few minutes. >> thank you, rob. new this morning, wikileaks founder julian assange is speaking out, first public appearance in months. thid this video just in, assange on ecuadorian embassy in london. he's been holed up there since

june to avoid extradition. >> i thank president barrea for the kind he's been given to me and granting me political asylum. >> ecuador granted him asylum but british police say they'll arrest him the moment he steps outside embassy property. a man is shot dead in the head. officers say the man was shot in the head around 5:15 this morning on van sansul avenue, off winchester boulevard. investigators say the suspect or suspects are still on the loose. we have a crew on the way to the scene right now. we'll bring you updates throughout the morning. also in san jose, a 15-year-old boy is recovering from injuries after being shot. officers suspect the shooting was gang-related. it happened in an industrial area of san jose yesterday afternoon but the boy was found

a few blocks away on pomona avenue. the boy is expected to survive and the suspects in that case are also still on the loose. a high-risk sex offender is back in custody after escaping from a mental treatment center. questions are raised about how he enlded up at a tourist population. he escaped from mental health rehab center in redwood center on friday. he was arrested yesterday at the fisherman's wharf when someone recognized him from media reports and called police. visitors at the wharf are relieved he's back in custody. >> it's a relief because, like, i mean, there's thousands of people walking on the street and you never -- it makes me kind of question, like, well, who are -- if there are dangerous people out there. >> the san mateo county shafb's office says he escaped through an elevator shaft but they don't know how he ended up 30 miles

away. a reserve deputy officer is out of a job, retaliation he says for blowing a whistle on a dirty duchlt i scandal. he says he was dismissed this week without explanation after 19 years on the job. howard tells "the san francisco chronicle" he thinks it was pay back for breaking the unwritten code of silence. the sheriff's department is not commenting. howard says he cooperated with internal affairs on the criminal case against former deputy sheriff steven tannabi, accused of working with christopher butler to carry out dirty drunk driving arrests. butler pleaded guilty to con spir. tannabi pleaded not guilty and remains free on bail. the search continues in the south bay for a 35-year-old woman who hasn't been seen in more than a week. victoria was last seen at san jose's shopping center last friday. that day she was wearing a red dress and introducing herself as

vera. ioffe is 5'6", speaks with a russian accent and has a gap between her two front teeth. rescue crews say two 12-year-olds were in a row boat near candlestick last night when it was blown out to the bay and started taking on water. three adults swam out to help them but they couldn't get back to shor. the san francisco fire department and coast guard responsibilitied and pulled all five to safety. the occupy movement is trying to make a comeback in the east bay today. a group of protesters known as occupy the farm will return to the gill tract to harvest crops they planted earlier this spring. they occupied the land for 2 days in april and may. they planted their own crops on two acres of land. the protest was meant to pressure the university into protecting the land from commercial development. uc-berkeley sued the protesters

last spring for trespassing. much more ahead on "today in the bay." coming up, is keeping the peace a lost cause in sarah? we'll tell you why the united states is ending cease-fire initiative. a rare public appearance from the country's president just ahead. plus, could john lennon's killer walk out of prison a free man? a crucial hearing that could unlock his sentence. low clouds trying to creep over from fremont side. a sign of some cooler changes ahead and your weekend forecast, including sanole.

rob promises a nice day but on the cool side. we'll have his forecast in a moment. the man convicted of killing john lennon is up for parole for the seventh time this week. the new york department of corrections says mark david chapman could have a parole hearing as early as tuesday. the board could make a decision by thursday or friday. he shot lennon in 1980 outside the manhattan hotel. chapman was sentenced in 1981 to 20 years in prison after pleady guilty to second-degree murder.

overseas he was a marine, but here at home he was a brother, a son and a friend. now those closest to captain matthew are saying their final good-byes. the family tells us yesterday's private memorial was standing room only inside st. francis high school in mountain view. he was on his fourth tour of duty when an insurgent sdised as an afghan police officer shot and killed him august 10th. his uncle says he knew the risks but was dedicated and believed in what he was doing. >> he was always steadfast in his commitment, his idealism. it always struck me he was my conscience talking to me and the marine there is are the conscience of america. they do what's right. they do because they're committed to that. >> afghan security forces, or people wearing their uniform, have open fire on intrermeernat forces seven times in the past two weeks. new this morning, syria's president bashar al assad attended prayers at a mosque in damascus, his first public

appearance since a bombing last month that killed the country's defense minister and three other top security officials. meantime, the united nations is pulling its last remaining peacekeepers from syria today. the u.n. recently suspended cease-fire mission after escalating violence between syrian government and rebel forces. 300 unarmed military observers were sent to the country back in april. the u.n. says at least 17,000 have died since the uprising began last year. unexpected sight in sacramento as a medical helicopter makes an emergency landing near the state capital. the helicopter had taken off from a nearby hospital yesterday when the pilot noticed some unexpected vibrations. he decided to land at this park as a safety precaution. four people were on board. no one was injured. much more ahead on "today in the bay." coming up, flames bear down as thousands of firefighters battle dozens of wildfires throughout the west. and the forecast this morning includes a lot of low

clouds, including san jose. gray clouds. we'll let you know when the clouds will break up and the rest of your sunday forecast.

in minnesota, bad weather turns a family outing into a nightmare. lightning struck the sailboat the family was riding o near

duluth. paramedics say a 9-year-old briefly lost a pulse while performing cpr on him. he was air lifted to a nearby hospital. no word on his condition. the other family members were treated for minor injuries. a thunderstorm warning was issued at the time of the lightning strike. closer to home, lightning sparked more than a dozen new fires north of sacramento over the weekend. cal fire says most were small. meantime, firefighters have finally contained a stubborn wildfire burning in lake county near the town of clear lake. the fire scorched more than 12 square miles since it broke out about a week ago. firefighters are still standing by, though, checking for hot spots. those fires here in california are just a few burning throughout the western u.s. today "today in the bay" mike taibbi tells us wildfires are ramping up in idaho. >> reporter: idaho's most dangerous wildfire in years is inching closer to featherville. about 1,000 homes and other buildings, whose owners got

straight talk today. >> it will not look the same in the next couple, three days as it looks today. and we will do everything we can possibly do out there as firefighters to make sure that our community, the hills, the rivers are the same as they can. >> reporter: that meant the mandatory evacuations that would soon be ordered. a number of emergency shelters were already in place. 63-year-old susan durant is ready to leave the cabin where she's lived alone for years since her husband died, already enveloped in smoke and directly in the path of a fire. >> this whole thing is surrounded by sprinklers. that's what comes out of that tub. >> reporter: these are days of facing hard reality for kate baldwin, too. she and her late husband, vance, had been building their dream house in these hills. he was himself a fireman. now she says she'll keep working on it until she has to leave and hope this fire spares her home. >> the fire will go around us, if it needs to, over us, around us, above it. it will pass us.

>> reporter: in an average year, there are tens of thousands of western wildfires, but this has been a brutal soap. 6.4 million acres destroyed when the 10-year average is around 5 million acres and it's still mid-august. in the past days and weeks, the taylor bridge fire in central washington has consumed 23,000 acres and some 70 homes. and the human cost of fighting these fires is ever present. idaho lost 20-year-old firefighter earlier this week. she was killed by a falling tree on it while trying to keep people like suzanne durant from losing so much that matters. >> my husband's ashes are on the top of this mountain, my two dogs are buried behind the garage. i mean, this is re, very important to me. >> reporter: mike taibbi, nbc news. let's get a check of our local weather with meteorolog t meteorologist. >> raj: rob. >> good news, moisture has moved

on. we're going to continue to see temperatures today running a little cooler. outside right now low clouds around the bridge. sun starting to break out from the clouds now. we'll see a chance, perhaps, of sierra tlormsz. temperatures outside right now, in the low to mid-50s with fog. low clouds pushed inland to pleasanton this morning. i saw that on my drive into work. you'll find that and then we have a pretty good sea breeze. southwest winds at 20 through fairfield. so, that is actually some good news for air quality. stirs up the ground level pollution and prevents us from having a spare the air day on a day like today. if you suffer from allergies, elm pollen has crept back up.

the air shifted to sierra. look out for that, especially from lake tahoe and yosemite, another area of low pressure which is setting up here off to our west. this is going to anchor another trough pattern which will crank up the sea breeze at times today. actually lead to some temperature to the middle part of the week. we'll see that fairly persistent sea breeze, fog and mist on the coast, around the peninsula, low clouds filling into the inner bay. sunshine down to santa cruz, that's where you want to go to find the sunshine on the coast. inland, mostly 80s. possibly near 90 in some of the warmest places. i don't think we'll get that. some upper areas south of san jose today. low clouds right now, they'll stay around the inner bay through 9:00 this morning. as we go through the afternoon, some breaks in those clouds offshore. look at that. 4:00, 5:00, 6:00, low clouds

anchored on the coast and pushed through the gap and the sea breeze picking up through the evening hours later on today. temperatures around san jose, close to 81 degrees. maybe closer to 90 around gilroy. a much cooler forecast than we've seen over the last few days. you'll see numbers around 80s around dublin. santa rosa, 80 degrees. 65 for san francisco. may not feel that warm if low clouds and breezy conditions lasting throughout the afternoon. the seven-day forecast shows temperatures are going to be dropping off. as we go towards tuesday and wednesday, you'll notice the numbers for livermore like today, mid-80s outside. pretty comfortable conditions, even out toward the trivalley. as we head towards next weekend, looks like temperatures will come up. overall, not bad. we were pushing 100 degrees earlier this past week. getting close to 90 inland, not all that bad. good sea breeze out there, keeping things for air quality and good for temperatures. >> for those kids starting school this week, back to school

weather. >> that time of year. >> thank you very much. one of the world's most decorated sailors is in the bay area this week. ben ainslie won four medals at london olympics and now he's ready to take on a new challenge, america's cup. yesterday was his first opportunity to get on the bay to test the conditions. he described the difference between the two events. >> it's totally different to the olympics. in that i'm on my own in a 14-foot dinghy. here it's a 45 foot, mast hole, incredibly fast machine and teamwork required whereas in the olympics i'm on my own. >> he'll be practicing all week long on piers 30 and 32. san jose, gay pride celebration is in full swing this weekend. the event opened yesterday at san jose discovery park. this year there is no parade because of the high cost of putting it on. organizers say there are plenty of free family-focused events.

>> all together, be whatever you are. like, that's who you are. be proud. >> it's a good opportunity for people to come out with their kids or maybe the seniors that want to come out that don't want to deal with the crowd that's going to be too big tomorrow, perhaps. it's a beautiful day. >> today san jose pride continues with a prayer service, musical performances, activities and information booths. much more ahead on "today in the bay." coming up, a tough night for preseason. will preseason injuries hurt the 49ers' chance in the off-season? pride of the south bay scarfs down another world record.

welcome back to the program. hope you're having a good sunday morning. the time is 7:22. an american swimmer is trying again to cross the waters between cuba and florida. diana nyad began her swim yesterday from cuba, the 62-year-old's fourth attempt at the crossing and this time she's swimming without a protective shark cage. she says it should take about 60 hours to complete the journey. during the most recent attempt last year she abandoned the 103-mile swim due to jellyfish stings sfou a tough preseason game for the 49ers hopefully won't have a lasting impact. two players were carted off the field with injuries last night during the niners' loss to texans.

during the first quarter, brandon jacobs injured his left knee during the end of this run. trainers checked him out. fortunately, x-rays were negative. in the fourth quarter, more bad news, rookie lamichael james hurt his ankle. he was carted off the field but he tweeted he would be ready to practice on monday. final, texans, 20, 49ers, 9. san francisco giants pulled out all the stops in their win against the padres, but it still was a nail-biter until the ninth inning. top of the ninth pence doubles, and posey scores. 8-5, giants. bottom of the ninth, the padres rally, closing the gap to one run. but the giants did hold on winning 8-7. >> obviously, the middle of the lineup with posey and panda, you know, just getting it done. really, this game was huge for us. the pitching staff, you know, found a way to hold them. and really we were saying that when we were down 4-1, we were like, we have to get this game.

this is huge. everyone stepped up. >> giants take on the padres again today at 1:05 in san diego. speaking of baseball, no doubt there will be plenty of peanuts and cracker jacks in petaluma. the petaluma national all-stars are playing their second game in little league world series today at 11:00. they're playing a team from tennessee. the team won their first game thursday, 6-4. if you want to watch the little league game on the big screen, you can head over to boulevard cinemas in downtown petaluma. doors open at 10:00 this morning. pride of south bay, joey "jaws" chestnut holds a new world record. the san jose record ate 266 pot stickers in ten minutes at an event in l.a. yesterday. the chestnut says it's all in a day's work. >> i feel great right now. i was able to get into a good rhythm, ran away with a win and the food went down easily. >> the trophy will be added to

the san jose resident's wall of fame. he's won hot dog, hamburger, apair gus and waffle-eating competitions, just to name a few. a restaurant in los angeles is offering a deal to its diners. check your cell phone at the door and you get a 5% discount. the goal is to encourage people to pay attention to their dinner partners rather than their phones. they say half of their pat rons take advantage of the discount and many have expressed gratitude at an opportunity to let go of their devices for a while. incredible video from china this morning. where you can see rescue teams working to free a little boy whose head was lodged in a concrete balcony. he was visiting a government building in southern china with his grandmother, while playing with other kids nearby he decided to stick his head between the columns. he realized he couldn't put it out. eventually firefighters used hydraulic pliers to widen the gap on the balcony. the boy was finally freed, scared but unhurt. much more ahead on "today in

the bay." coming, a cyclist dragged 100 yards by a car. we'll tell you about the elderly man under arrest for road rage. plus, speaking out, wikileaks found are julian assange comes out of hiding for the first time in two months. >> a view of san jose. look at all those gray clouds. the sea breeze is turning on around the bay area and pumped in low clouds for the morning. a full look at your afternoon forecast and changes ahead in your seven-day forecast when we come right back. if you want less, you can always have less, but i like having a lot more a lot more than having a lot less. and the more more i have, the more i like having more. and that's exactly what i get at embassy suites. more post-meeting celebrations, more complimentary drinks, more for my money... mmm, more bar snacks... ♪ more olives. definitely. i want so much more it's more more than a mortal man can handle. now that's more like it. [ female announcer ] complimentary drinks. free breakfast. more room. embassy suites. get more.

that's mom to you. and you should eat something that's good for you before you go outside. never! come on james. it's a new fiber one chewy bar. chocolatey and delicious. fiber one chewy bar, huh? mmm. refueled space captain james. [ male announcer ] new fiber one chewy bars. great taste kids love plus calcium and fiber kids need.

good sunday morning. thanks for making us part of your sunday morning. we're looking at douchlt nbarto bridge. thanks for joining us. i'm garvin thomas in for kris sanchez. rob is here to give you a look at the forecast. it's very gray. >> even into pleasanton, low clouds surged inland overnight and right now our temperatures are mostly in the 50s outside. it is jacket weather for most of the bay weather this morning. doesn't feel like august essentially in the bay area. fairfield, southwest winds at 20 miles an hour. the sea breeze cranked up this

morning. i think it's going to be an all-day event which means inland valleys at the top of the screen, including livermore. this looks like mostly mid-80s for the afternoon for inland valleys. cooler to finish the weekend and some misty skies lingering on the coast. coming up in our seven-day forecast, temperatures actually cooling do ining down. new this morning julian assange is speak out, his first public appearance in months. a new video of asane spesange s on the balcony of ed what doecu embassy in london. he's been holed up there since june to avoid extradition for questioning over sexual misconduct. >> remind us of your vigil in the dark before the embassy of ecuador. >> ecuador granted assange diplomatic asylum thursday but

british police say they'll arrest assange the moment he steps outside embassy property. breaking news. a man in san jose is dead, shot in the head two hours ago. now the search is under way for the person who pulled the trigger. officers say the man was shot in the head at 5:15 this morning on van sansul avenue, off winchester boulevard. investigators say the suspect or suspects are still on the loose. we have a crew on the way to the scene right now. we'll bring you updates throughout the morning when they become available. a 15-year-old boy is injured of being shot in san jose. officers suspect the shooting was gang-related it happened in an industrial area of san jose area yesterday but the boy was found a few blocks away on pomona avenue. the man who admits to shooting another man in the face outside a raiders game in arizona is free this morning. the shooting happened in glendale friday night about an hour before the end of the gaej game between raiders and cardinals. the gunman himself called 911, claiming he accidentally shot

someone. officers say an argument somehow connected to the game led to the shooting. >> that's foolishness. people take sporting events too seriously. i've coached professional baseball so i've been in the middle of all that stuff. people take that too seriously sometimes. >> the shooter was taken into custody for questioning but was later released. police say they're considering potential charges against both the shooter and the victim. both men are aarizona residents. this morning an 8 1-year-old man is under arrest for road range. santa rosa say he chased down a cyclist to the oakmont golf club. the smith was arrested on saturday. in redwood city a high-risk sex offender is back in custody after escaping from a mental health facility. it's not jt the escape that's raising eyebrows but where he was found.

>> reporter: 34-year-old derek sanders escaped early friday morning from the mental health rehab city in redwood city. sheriff's officials believe he made his escape through an elevator shaft. >> very scary. it's very scary. obviously the system needs to pay more attention to that. he should never have been able to get out. >> reporter: 24 hours later and 30 miles north, someone spotted a man panhandling near fisherman's wharf near beach and powell streets, who they recognized from media reports and called police. officers moved in and took sanders into custody. >> i don't know what reason he had to come to this area so far from wherever he escaped. >> reporter: sheriff's officials say sanders has a history of violence, including weapons offenses and a history of mental illness. he currently faces charges for a sex offense against a minor. the fact he ended up in a favorite tourist spot, popular with families, is unsettling for many. they're glad to hear he's back in custody. >> i mean, it's a relief

because, like, i mean, there's thousands of people walking the streets and you never -- like -- it makes me kind of like, question, well, who are -- you know, if they're dangerous people out there. >> we still have no word on how sanders traveled the 30 miles to get to san francisco. this morning sanders is being held at san francisco county jail, waiting to be transferred back to the rehab facility in redwood city. happening now, a search is under way for a santa cruz county man last seen two days ago. sheriff's deputy say 57-year-old franc golding went missing without explanation from his boulder creek home friday afternoon. deputies say goulding is in need of medication. his car and other personal belongings were left at his home on crow's nest drive. deputies say there's no evidence of foul play. two kids and three adults are recovering after being pulled from the chilly waters of the san francisco bay. rescue teams say two 12-year-olds were inside a row boat near candlestick point last night when it was blown out into the bay and started taking on

water. three adults swam out to help them but then they couldn't get back to shore. the san francisco fire department and coast guard responded and pulled all five to safety. new this morning, a line of gourmet spreads is being recalled statewide because of the risk of botulism. they say certain spreads made by seventh heaven gourmet may be contaminated. they're recalling pate mediteraneo, eggplant tapenade. the occupy movement is trying to make a comeback in east bay today. a group of protesters known as occupy the farm will return to the gill tract in albany to harvest crops they plant this spring. the group occupied the tract of land owned by uc-berkeley for 22 days in april and may. protesters plant their own crops on two acres of land used by the college of natural resources for research. the protest was meant to pressure the university into protecting the land from commercial development. uc-berkeley sued the protesters last spring for trespassing.

today marks ten years since the worst fire in recent memory in sanyo say. flames ripped through a construction site at the santana row shopping center on august 19, 2002. 221 firefighters battled the 11-alarm fire. which displaced 34 families. the fire loss was approximately $19 million. much more ahead on "today in the bay." coming up, showdown at state capital. why your taxes could soon go up. what you can do about it just ahead. plus, cuffed and heading to court. how clowning around led to an arrest after a break-in at steve jobs' house. [ female announcer ] these are the crescents you love on a holiday.

and these are the ones you'll love on a school night. pillsbury crescent dogs with just a few ingredients you have an easy dinner... pillsbury crescent dogs...

school night ideas made easy. that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun. 7:37 is the time. hope your sunday is off to a good start. a few low clouds hanging out this morning. the man accused of breaking into steve jobs' home will be in court tomorrow. he was arrested earlier this month, accused of stealing apple

gadgets, tiffany jewelry and jobs' wallet in june. he reported gave a stolen ipad to a friend who used it to play music during a street performance in san francisco. that friend, kenny the clown, said he had no idea the ipad belonged to jobs or that it was even stolen until police showed up at his door. cnbc tyler mathisen has a look at the upcoming week in the world of business, including the latest numbers for some of the biggest retailers. >> it's august. you knew that. lots of traders and investors, just about everybody else, they're enjoying vacation. despite low trading volume on wall street over the past week or so, the dow, nasdaq, s&p 500 all edging toward their highs for the year. we'll get a better read on rebounding housing market when sales of new and existing homes and prices paid for those homes are released this week. second quarter earning season may be winding down but a number of big names report their latest figure this is week. including best buy, home

improvement chain lowe's, dell and hewlett-packard and my mother-in-law's favorite place, chico, american eagle outfitters. angela merkel was named by forbes most powerful woman in the world. and christie's auctioned off a lot of items in nearly 250 years in business. but this week it's trying something now. its first ever online-only auction. participants will be able to place bids on more than 300 rare bottles of wine. drink up. i'm tyler mathisen and i like my wine fresh. get all your business news on cnbc. a reminder, you can get your business and tech news before the bell with scott mcgrew on "weekdays in the bay" starting at 4:30. state leaders are hoping to generate money by selling a past to the past.

the measure would produce vintage looking plates from the 1950s to 1980s. sacramento is hoping the program will entice car collectors to buy plates to match classic cars. customers can expect to pay $50 for each plate. turns out california bicyclist won't be banned from using cell phones. the ban was originally tucked into a bill to increase fines for drivers caught texting or holding cell phones to their ears. the bike ban was removed from the bill but the fine hike is now approved by state assembly committee. if it is signed into law this week, tickets would increase by $10 each. much more ahead on "today in the bay." coming up, taking sides on taxes. why the amount of money you give to california could be going up. larry gersten weighs in on the state capital showdown ahead.

want to update on you breaking news. a san jose man is shot dead two hours ago. a search is under way for the

person who pulled the trigger. officers say the man was shot in the head at 5:15 this morning off van sansol boulevard. officers say the suspect or suspects are still on the loose. now to decision 2012. we're less than three months away from the november election and already at the state capital, a storm is brewing between two tax initiative groups. nbc bay area political analyst larry gersten is here with us to sort it out. interesting, normally you have the pro tax and anti-tax folks. it's almost like have you three sides in this argument. anti-tax and now two different tax initiatives battling it out. what's going on? >> california borrowers have this incredible propensity to shoot themselves in the foot. that's it. it drives a lot of people nuts when they're trying to watch to see if there's going to be some

change. here you have the situation. we know we're in debt $8 billion. we got to do something about it. no piggy bank to take it from. you get the ballot going. two now, two ballot initiatives designed to bridge that gap. proposition 30 sponsored by california governor jerry brown. proposition 38 sponsor the by wealthy civil rights attorney molly munger, doing similar things and both on the ballot and driving people nutso. >> tell me the difference, if they're so similar. >> that's the heart ache for a lot of reformers. prop 30, very simple, going to increase sales taxes by 0.25%, increase income taxes 2%, depending on your income level, starting from $250,000 up. raise about $8 billion a year. dedicate all the money to public education. expire after seven years. simple stuff. proposition 38, not that much different.

it's going to increase income taxes on all californians, no sales tax. somewhere between 0.4% to 2.2% depending on one's income, a sliding scale thing. that will bring in $10 billion a year. that's going to last for 12 years again, with all the money -- almost all of it going to public education. two ballot propositions looking each other in the eye and you say, what gives here? >> how have voters responded so far to the confusion about these initiatives? >> confusion is exactly the word. proponents of these two initiatives, stubborn on one hand but worry on the other. they're afraid voters will get confused. they see one, the other. what's going to go on? moreover, these two camps are normally allies, buddies, most of the time. but they're pretty ticked off. they've worked hard and beginning to exert a lot of pressure and doing it publicly. so, last week they issued

letters across the state to each other saying, hey, let's have a campaign. gosh, you guys aren't being very nice. both of them said that to the other side. well, needless to say, the anti-tax groups are in heaven. because instead of them having to try to defeat this, these two pro-tax groups are knocking off each other. meanwhile, you can't neglect the fact that the stakes are very high. governor brown has said, and he means it, that if his initiative -- or one would presume the munger initiative f wasn't doesn't pass they're going to cut k-12 public education by three weeks at the end of next year. you could look at the end of may. >> i mean, it may seem unlikely looking at the numbers. what if both passed? i could see where obviously somebody adamant about not raising taxes but for somebody who says, we're in a pinch, we need to raise revenue, they might say, i don't know which is

better and vote for both. what would happen? >> before we do that we have to realize the likelihood of them both passing is slim to none. and you know where slim went. >> he just left the building. >> right. there was a recent poll last week by pepperdine that shows -- it's an online poll, so i'm suspicious but governor brown carrying 35% to 37%, munger carrying 45%. here's the deal people overlook when we talk about tax-related issues. unless you have a firm 60% going into that election, the likelihood is that the thing fails. why? because buyers' remorse. at the last minute, people say, i don't know, the idea of spending money on taxes, doesn't feel good. you know, prop 30 baggers shouldn't get too excited. they should know they have a lot of work ahead of them. and i'll tell you something, this is going to be one of those questions even though a lot of people agree on what should be done, the very fact the two

sides are so entangled could very well bring both of them down to defeat. >> and nobody knows this more than you. historically you talked about that 60% number. but just getting a yes vote is always harder -- or getting a no vote is always easier than getting a yes vote. i know i just totally butchered that. >> no, you got it. >> when it comes to initiatives people are inclined, there's a hill -- people are inclined to say, no, no, no. >> initiatives are cumbersome documents. we have 11 this time. you better bring a sleeping bag when you go in to vote. they're long, drawn out, nothing but negatives. that won't go, this won't happen. people say, what is all this? they tend, even with the best initiatives, often say no because i just don't understand it. yeah, i think we have that sort of layer on top of all these other problems. not only for prop 30 and 38 but for moss of the other ones on the ballot. >> especially prop 30 and 38, you know, if the understanding it is the difficult part, when you have the two competing

propositions and people look at those, very likely someone may say, i can't figure it out, i'm going to say no to everything. >> you got it. >> larry, thank you for joining us. always appreciate it. you can tap into larry's knowledge any time on nbcbayarea.com, check out prop zero blog. much more ahead on "today in the bay" -- a lotto mistake winds up winning $1 million. >> that's a nice mistake to have. take a look outside around the san mateo bridge this morning. you've got a few layers of low clouds, a mix of sunshine, cooler finish to the weekend. your full sunday forecast is coming up when we come back. good morning, there's lots to do today in the bay. as you know, the last few weeks we've had hot august days in places but we'll start this off with the hot august night in los gatos. hot august afternoon or evening. anyways, it's a fund-raiser for leukemia and lymphoma society.

it's a car auction emceed by larry gersten, who's also have i very funny guy and he can play a mean molatika. maybe he's part of that concert. more to see for sure in fremont today. it's the 20th year of the festival for india's independence. today is parade day. in addition to over 120 booths with art, clothes, jewelry and food, the noontime parade will have over 50 floats, stars from the world of bollywood will be there and fblg a dance competition as well as a bollywood musical extravaganza. we can still find india on the globe, or using google earth we may not be able to find asyria because the assyrian empire was in an area mostly iraq now but here is the assyrian flag and the people and the culture continue on around the world today. the 20th annual assyrian food festival in san jose, touting exotic teas, fine pastries, the

real kabobs, they say. not far off highway 87. free parking and a shuttle. assyrianfest.com for details. kabobs, bollywood and larry gerst gersten, now that's a great time "today in the bay."

breaking news in san jose. we want to update you. a live picture from the scene. a san jose man is shot dead in the head two hours ago. the search is under way for the person or people who pulled the trigger. officers say the man was shot in the head at 5:15 this morning on van sansol avenue off winchester boulevard. heavy police presence on the scene right now. investigators say the suspects or suspect are still on the loose. a look at our weather this morning from san jose, shows you, we have a blanket of low clouds across the santa clara valley this morning. a sign of cooler changes. stronger sea breeze is going to

wrap up the weekend right now. you actually need a little jacket as you go outside. around san francisco, misty skies, too. 53 right now in oakland. look at sea breeze into fairfield, southwest at 20 miles an hour. nowhere near 100 degrees today. in fact, we may be nowhere near 90 in some places inland today as that sea breeze will be an all day event. unlike 24 hours ago, scattered showers and thundershowers, most of that moisture will be confined over the crest of the sierra into never neff as that monsoon moisture is redirected off toward the east. for us, we'll see this trough of low pressure anchored across the west coast for the better part of the week. this is going to make the sea breeze kind of an all-day event. we'll see those temperatures actually cooling off here on the coast. 60s in the forecast from the coast with mist at times. inland temperatures mostly 80s. that's good news for air quality. it's going to keep the edge off the heat even out toward trivalley as we head toward tuesday and wednesday. temperature will be dropping down once again.

hour by hour forecast, from the golden gate down toward pillar point to almost santa cruz, you got the clouds around for most of the day today. 3:00, not a sunny day for you. santa cruz, though, will be escaped to find the sunshine later on and as we head toward the evening, low clouds come surging in once again. temperatures aren't the bay area, close to 80 in san jose. pretty cool as we get back over towards oak lan. look at this, mid to upper 80s around the trivalley. breezy conditions through the alta ma pass today. san francisco, 65 degrees. 70s and low 80s in north bay. nice forecast there. patchy low clouds, sunshine inland, but likely all day low clouds around pacifica and half moon bay. three-day forecast, temperatures coming up maybe for monday. not much change for the coast. you'll be stuck with the low clouds. temperatures will drop down again. tuesday into wednesday we'll e see, perhaps, some morning drizzle. maybe not just for the coast,

perhaps across the bay and into the valleys, too. that will be the middle part of the week. heading towards next weekend, temperature will climb up. we may see low 90s heading towards friday and saturday but no 100s in the forecast. it's good for air quality and fire danger with that marine air coming in, higher humidity air, cooler temperature for inland valleys for the better part of the week ahead. especially the middle part of the week. >> thank you very much. not cool, however, in the south of france across the atlantic, a sweltering heat wave in france. government agencies have been on they're trying to avoid what happened during the last heat wave back in 2003 when 14 people died. most victims were elderly. so far there have been no reports of any deaths this time around. there is relief in sight. forecasters say temperatures should drop this week. a country known for being green is turning red. ireland hosted redhead

convention yesterday. people competing for top honors. some honors included best red beer and best redhead with freckles. proceeds help ireland's cancer society. a lotto mistake is paying off big time for a man in massachusetts. richard brown said he rolled with it when a store clerk gave him a different scratch-off than what he asked for. good thing. he won $1 million. he's getting a lump sum of $430,000. he says he'll use the money for a new roof on his home and plans to take a trip to san francisco. great place to go. i hear a lot of tourists like it. thanks for making us your local news in the morning. this afternoon, we'll object at 4:00 and then on after the colts/steelers preseason, and then on at our usual time at 11:00 tonight. have a terrific day. [ male announcer ] the magic of nature appears every day,

within each strand of an oat's rhythmical sway. when an apple's vibrant red temptation, and honey's sweet touch of golden sensation, join together with a pecan crunch you'll savor, creating the most perfect lesson in flavor. at nature valley, nature's best-written recipe is ready for you to enjoy. delicious granola bars made with the best ingredients in nature. nature valley, nature at its most delicious.