good morning. i'm vicky nguyen. coming up on "today in the bay", rebuilding napa. a big helping hand from the stanley cup and the shark's biggest rivals. plus, a miracle. nast what family members are calling the rescue of an elder woman in the east bay missing for four days. >> and another huge credit card scam at target. how the suspects made off with hundreds of thousands of dollars. this is "today in the bay." >> let's take you outside now and give you a live look at san

francisco and what you're waking up to there. a little bit of fog, but it's going to clear up and be gorgeous day. i'm vicky nguyen in for sam brock. anthony slaughter is here with a look at the forecast. another aftershock in napa. a 3.2 magnitude earthquake. no damage reports so far, but the folks there still on edge. >> about seven days ago is when we had the 6.1 earthquake strike south napa. you'll notice what we're watching very closely is what we're expecting moving forward. the usgs issued the warnings about seven da is out. now the probability of another magnitude 5.0 or greater is really small. it's less than 10%. still doesn't meet the criteria that we would expect is for a large magnitude.

overall temperatures today looking pretty good. a little cooler from where they were yesterday. san francisco, one of the few places socked in with fog along with oakland. and today you'll notice the highs are not as hot. up to 94 yesterday. same for the north bay. little cooler for san francisco. mid to upper 70s yesterday. cooler. lower 70s for today. we'll talk about what we're expecting moving forward. labor day for tomorrow and a chance of drizzle. >> that will be a nice change. today marks one week since the earthquake rocked napa wineries and businesses hoping tourists continue to show up this weekend. a chance to snap a picture with the stanley cup brought hockey fans out to the hotel that was yellow tagged after the quake. it's now back open with a limited inventory of use.

the former sharks general manager and current l.a. kings gm owns the the ranch in sonoma. he donated time with the cup as part of the earthquake relief effort. zbl since the earthquake we turned it into a fund-raiser. we're asking to donate 5 bucks into the cup and the l.a. kings will match the donations and all the money will go to the p earthquake relief fund. >> it's a sport i love. being able to help napa and my fellow citizen. >> napa officials estimate 95% of the restaurants are now back open. the message and simp is helps a good cause. t-shirts being sold saying keep calm and press on. the t-shirts are being offered at tspring.com. all proceeds are going to the napa county relief fund.

well, napa's wineries faired pretty well, the wine inside did not. wine bottles came off shelves and more concerning, barrel stacks came crashing down. if the earthquake had happened a day later, workers could have been hurt by the following barrels. and if it had happened during the day, tourists could have been injured, too. there are no regulations addressing the stanlt of wine barrel stacks. wine makers are responsible for making them. our coverage continues online at nbcbayarea.com. you can watch an interview with the family about local wineries. that's nbcbayarea.com. a happy ending in the search for a missing elderly woman

thanks to a search dog. luba lusherobic was found alive. every day since sunday the search teams grew and so did the the family's fears. she was off canyon creek road less than half a mile from her home. >> i went walking around the area calling for luba and happened to look into the drainage creek bed. there she was. she waved at mef. >> she's a good old grandmother, my mother. we love her. we're happy to have her back. >> we are told this was only ammo's fourth search ever. luba had been sleeping in the creek bed for three nights with no medication, food or water. amazingly she had only scratches

and poison oak. new details about a deadly fall. the man who died has been identified. sean carington was one of three people who fell 300 feet. the other victims were transported to a trauma center with serious injuries. rangers say they often see people in areas of the park off limits. >> every day we see people going to the fence. going over the cliffs. >> authorities have not said what led to the fall or what the victims were doing in the park so early in the morning. an oakland police officer on a way to a call hits a pedestrian. it happened saturday afternoon at 3rd and east 12th. the the victim is a 58-year-old oakland man. he is now in critical condition. ch investigators are trying to find out if they was in in the

marked crosswalk. . there's a ballot brewing over a soda tax. a judge says it's misleading to describe them as sugary, high calorie and low nutrition. measure "b" which was placed on the ballot by a city council could impose a general tax on sodas and other sugar sweeten drinks sold in berkeley. if the ballot measure passes, berkeley would be the first city with a soda tax. and california could have another first while governor brown decides whether or not to ban a bill statewide. many cities already plan plastic bags. this bill would prohibit single use plastic bags at grocery stores and large fapharmacies b 2015. by 2016 they'll be out of

convenience stores. >> i think everybody should care. no plastic bag ls. it's good for the environment. >> it would be bad for businesses. i think it would lead to more theft. >> environmentalists say the plastic bags clog waterways and harm wildlife. another bill on the governor's desk would protect the limousine passengers. last august a terrible limo fire killed five women, including a bride-to-be. there was no fire extinguisher inside the limo and because of the smaller size it was not subject to inspection. the new bill require them to have two fire extinguishers. larger limousines are already covered by the same rules. the beach closed, keep out sign will remain at least a little longer. state lawmakers went home without getting governor brown

to sign a bill to reopen it. there's been a battle since sun micro system founder bought the property in 2008. and he put up the keep out sign. the governor has until september 30th to sign or veto legislation to reopen the beach to the public. coming up, target is the victim of another credit scam. how one hacker may have gotten with away with hundreds of thousands of dollars. plus, 49ers star player alden smith suspended for half the season. and now wear hearing from the linebacker. u

♪ ♪

♪here i am. rock you like a hurricane♪ fiber one now makes cookies. find them in the cookie aisle. . let's give you a live look at san jose. this is what you are waking up to. clear and sunny skies. anthony slaughter will be along to give you a complete look at your forecast. new details this morning on a scheme to steal credit card information from target red card

holders. two search warrants at a home in stockton. the suspects figured out the sequencing system. then he made counterfeit credit cards and used them to buy at least $200,000 in merchandise. target says they are working with postal officials and law enforcement and so far there is no indication that the networks were breached. the san francisco 49ers have finalized their regular season roster, but one key figure was already missing. they will have to move on without linebacker alden smith for at least the first nine games. he was suspended for violating conduct and substance abuse policies. he cannot rejoin the team until november 5th. he issued this statement to his fans. it says i apologize to my teammates, coaches, the entire

49ers organization and fans for not being able to contribute on the the field for several weeks. i will be at work daily to participate in all permitted work activities and to support my teammates just as they have supported me. our coverage continues online at nbcbayarea.com where you can watch a series of investigative reports on the legal troubles. the inspirational story of openly gay football player michael sam. the st. louis rams cut him from the roster as part of the final cutdown. is he is trying to become the first openly gay man to play in the nfl. if sam is not picked up by another team, he may still be added to the ten-man practice squad for the rams. none of those selections made the final roster. more news on "today in the bay" coming up. a big and bold move by tesla.

how the company plans to reach bay area drivers like never before. >> and this morning plenty of sunshine b even in san francisco. we have patchy fog. it's not going to stick around long. we'll break down your weekend forecast and get you into labor day coming up right after this.

time is 7:16. take a look at the the sky camera network. if you live here or visiting, you'll want to get outside today. huge statement or highway distraction. tesla wants to put up a giant sign near the fremont factory that you can't miss. it would be the size of five school buses to sit along the tesla plant on 880. scott budman tells us what tesla is doing to make the sign a reality. >> signs, signs, everywhere

there's signs. and now along 880, tesla wants to put up a sign almost the size of a hockey rink. we want people has they drive down to 880 to know they're in fremont and "b", the tesla factory is here in fremont. and we're proud of that. >> and that pride would be on display here at tesla' fremont factory. lit up and visible 24 hours a day on 880. asked about whether a sign could be distracting, drivers we talk to say they're not worried. >> i don't have a problem with it. it's good for the economy to advertise the company. as long as it's not causing car accidents or anything of that nature, it's good for them, good for r the company. good for the bay area. >> they're a great company to have around. i have no problem with this them

putting a sign up in this area. we need the recognition. fremont says the rules don't apply because it's not a billboard. it's a sign. the mayor say it's not a sweetheart deal for tesla, it's just good business for the city. >> we would be doing this if it wasn't tesla. if there was a factory here producing something other than awesome cars but employing over 4,000 people, i as a mayor would want to make sure we're doing anything we can to help them. >> tesla has been a bright spot for the fremont economy. now it wants to light things up more. scott budman. today in the bay. >> it's not a billboard. it's a sign. small difference. splitting hairs there. lest bring in anthony now. he's here with the weekend forecast. it's nice out there. for today we'll have a lot of

sunshine. our sunrise is now at 6:40. you'll also find the golden sunshine through the afternoon hours today. yesterday we had more of a filtered sun. today a lot of blue sky across the board. and it's not going to be as hot. even though it will still be warm, temperatures not sweltering like we were yesterday. liver more got up to 94 degrees yesterday. only 90 today. tonight areas of fog will develop along the coastline as our sun sets. mainlily clear there. that's where we have the best visibility. not a cloud in the sky. the remnants of marie with us yesterday, we had the high clouds in place. they're out of here. the humidity is not going to be as high. we have clouds in even san francisco. as we head through the day

today, plenty of sunshine. temperatures, as i mentioned. not as hot. if you're looking for things to do, the salsa block party kicks off at 6:00. temperatures very comfortable. this is where we have the most comfortable weather across the bay. now the setup that in place is an area of high pressure to the south. that's why it's been warm all the way down to southern california. the four corners region. but we have an area of low pressure that's developing to our north. this is going to slide in towards tuesday and wednesday. so the unofficial end to umer is going to be here tuesday and wednesday. the temperatures are expected to

cool off. but i think we may see a little bit of drizzle up against the coastline for tuesday, wednesday and thursday. we'll show you what it looks like the next couple of days. temperatures not as hot today. they really start to get warm for tomorrow. tuesday and wednesday, the trough that's going to dig into place, it's going to drop our temperatures. look at san jose from monday to wednesday. a ten-degree drop. find jackets for the little ones. san francisco, not as cold through wednesday. but definitely that nip in the air. the meteorology fall begins on september 1st. here we go. the unofficial start of fall. >> anthony, thank you. still to come, herman wilson

ease music hz made the bay area proud for many years. now what they doing to make sure he doesn't lose his ability to play.

the show must go on. last weekend's earthquake was not going to stop the vallejo community from helping a local musician. less than 24 hours after the earthquake, the lights went on at the amphitheater for a magical performance. garvin thomas has this morning's "bay area proud." >> it wasn't all that long ago he could run seven miles in 35 minutes. today herman is lucky to get around the block in that amount of time. his constant companion of the past quarter century has upped

it its attack on his nervous systems. many things he asks his muscles to do. they just can't. many, but not all. there are just some things it seems herb won't let this disease take from him. >> i still do what i do with what i'm going through. and that makes it sweeter. >> for decades he's been a fixture on the bay area's blues, jazz, and soul scene. playing his sax phone with dozens of bands and who knows how many artists. it is who he is and herm wants to hold onto it as long as he can. which is where jeff trager comes in. jeff is a promotor who spent a lifetime in the music industry.

he has dell with thousands of musicians over the years. >> my mom passed four months ago. he played for the memorial. when i went to pay him, he said no, it was an honor. when jeff heard herm needed $15,000 to pursue an experime experimental research treatment, they got a few friends together to sew what they could do. hugz for hermz was held this past sunday in vallejo. musicians herm had backed up over the years now had his back. they came to play for him. and better yet, play with him. # and by the end of the night, they had the money. and herm, well he had proof for his whole life he had been hitting the right notes on and

stage and off. i can still smile. i'm still me. i'm a musician who plays differently now. >> the day's top stories ahead on "today in the bay." it may reside in southern california, but the stanley cup made an appearance 234 california 69. and jake peevey untouchable. could he be the second this season to throw a no hitter. ...we need to break up.

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give you a live look at oakland. pride festival from 11:00 to 7:00. expect traffic there on 880. that cloud cover will burn off. it will be a really nice day. good morning, thank you for

joining us. anthony slaughter is standing by to talk about the forecast. first we have to talk about the earthquake. another aftershock. it happened just before 2:00 a.m. this morning, five miles southwest of napa. so far no damage reported. and it was a 6.1 to start off. then it got downgraded. it was a large earthquake that struck south napa, they issue the warnings seven days out. now that we're still a week away, the probability is way down. it's less than 10%. even the one that struck this morning, a 3.2, it didn't live up to the criteria of what they would expect for a huge aftershock. i think at this point we're out of the woods for large aftershocks. the ones that come after this will be really be unpredictable

because they won't be linked to the one that happened a week ago. today's highs are comfortable, not hot. mid 80s for the south bay. the chance for maybe drizzle. maybe fog. you know, i really wish we could say rain: such a far reach. zbll we'll hope for the best. >> it was a week ago that napa woke up to the earthquake. the damage tally now over $335 million. this morning they are under way when they welcome businesses for the labor day weekend. one popular hotel is getting help from southern california. the stanley cup is here in town and it's attracting fans. the hotel was yellow tagged after the quake. but it's back open with a limited inventory of rooms. the former sharks general

manager and current l.a. kings gm owns a hope in sa knsonoma. >> we're asking people here to take their picture with the the cup to donate $5 minimum into the cup. the l.a. kings will match all the donations and all the money will go to the na pa relief fun. >> being able to help napa and my fellow citizens. >> every little bit helps. napa officials estimate 95% of the restaurants there are now back open. the message is a simple one. t-shirts being sold with a slogan that says keep calm and press on. the shirts are being offered with proceeds going to the napa valley relief fund.

napa's winery buildings faired well, the wine inside the buildings did not. wine bottles came off shelves and barrel stacks came crashing down. many in the industry say if the earthquake happened a day later, workers could have been hurt by the falling barrels. there are no regulations addressing the stability of wine barrel stacks. state health and safety leaders say since there is no law winers are responsible for stacking them. our coverage continues online at nbcbayarea.com. there we have photos of the damage and you can watch an interview with the family at local wineries. that's nbcbayarea.com. l. a happy ending in the search for a missing elderly east bay woman thanks to a search dog. luba is back home this morning. this exclusive video shows the san ramon grandmother arriving

at the home she left on wednesday. until yesterday she was found in a creek bed less than half a mile from her home. it was a yellow lab and her search handleer who tracked her to the creek bed. >> i went walking around the area calling for luba and happened to look into the drainage creek bed and there she was. and i called her name, and she responded. she waved at me. >> she's a good old grandma, and my mother, and i really love her. and we're happy to have her back. >> glad she's back home. that's amo, the dog, and his fourth search ever. she shall be sleeping in the creek bed for three nights with no food, medication or water. she only had scratches and

poison oak. what a mess yesterday in antioch. a cement truck flipped over and blocked all lanes. it looks like the driver just lost control. >> there was a big rig traveling westbound on state route 4. the number 2 lane. for unknown reasons it appears he made an unsafe turning movement and collideded with the shoulder. causing the vehicle to overturn and slide a couple h hundred feet. >> officers don't believe alcohol played any role. homeless advocate says bart is coming down too hard on the homeless at san francisco stations. police officers have been enforcing the no-sit policy at the powell and civic center organizations. the policy is due to roll out in other san francisco stations next month. repeated infractions can come with a court summons, arrest or

a fine. but critics say it's inhumane. especially when many nights the city shelters are full. the director for disease control and prevention visited an ebola isolation camp. they discussed the outbreak that that has spread throughout west africa. the key to eliminating ebola is to increase support for the disease. so far more than 3,000 people have been infected. >> we want to support the individuals who have eebola, th families and their communities. then we can stop the disease. >> the outbreak began last year and has spread since. a separate ebola outbreak was reported last week in congo where 13 people have died from the virus already. the u.s. military conducted

more air strikes against extremist targets in iraq this weekend. a u.s. released statement said they are surrounding isis in an iraqi town, 105 miles north of baghdad. the air strikes were conducted in conjunction with air drops of humanitarian aid to the besieged town. shiite turkmen in the town have taken up arms against the militants, keeping them at bay. protesters held a national march in ferguson, missouri, to continue their push for major changes following the death of 18-year-old michael brown who was shot by a police officer. about a thousand people gathered for the peaceful march at the ferguson police department. graham thistle has the story. >> for this mother. >> yes. >> for this father. >> yes. >> the extended family included

an endless line of people who marched to the place where mike brown was shot and killed to hold a prayer vigil. sponsors say this march is about a number of issues that have been bubbling beneath the surface. >> protests are the language of the unheard. if we have to keep protesting in order to be heard, then we can do this. >> protesters made their way up past businesses still recovering from earlier riots, chanting the whole way. the march made a stop here at forest woods park where organizers rallied in groups of hundreds and read off their demands. which included the the firing of darren wilson. >> people want justice for michael brown. they also wan to see the government and the county change the way they do business when it comes to african-americans.

the change is inevitable and needs to happen. i'm glad to see the young people are on board. >> it's all races. it's a worldwide thing, you know what i'm saying? we all just got to come together and just pray and just calm down and peace. peace. that's all i can say. >> reporter: from the park the march continued to the ferguson police department where protesters made their voices heard without violence. >> ferguson police chief tom jackson issued a statement saying he believes the department is making progress and he does not plan to resign. still ahead on "today in the bay", the as try to stop their slide in ann hirm.

♪ ♪ ♪here i am. rock you like a hurricane♪ fiber one now makes cookies. find them in the cookie aisle. you're looking live at san jose where a festival is happening along with other

events. it will be warm, but comfortable. and anthony will be by in just a minute to tell you what the forecast will look like. the a's spend the season at the top of their division with a sure best to qualify for the post season. but the green and gold are finding themselves slipping further into second place and battling for a wild card birth. oakland in anaheim trying to make up ground on the angels. they have gone 22 consecutive innings without a run. they beat oakland for the third straight night. as lose 2-0. let's go to at&t park where the giants were looking for their fifth straight win. michael moore very helpful to the cause. that's all the giants starter would need. the big right hander took a no hitter into the eighth inning. the brewers were able to break

it up, but the giants held onto win the game. san francisco continues with a 3-1 victory. college football kicked off on saturday. sanford opening up with uc davis. they couldn't have started better. first time they touched this season, returns a punt 60 yards for a touchdown. his first of two tds in the game. and cal taking on northwestern. the bears jumped out and this trevor davis 74-yard touchdown pass. they had to old on leat to break a ten-game losing streak that went back to last year. much more ahead on today in in bay. coming up, recess over. congress returns to work in the nation's capitol. our political analyst larry gerston joins us from washington, d.c. next.

why this break wasn't much of a break at all. >> good morning ch i'm mike inouye. there's a lot to do. some find it confusing brazil's official language is portuguese and not spanish. known for its music, dance, you can have it all there today. from 9:00 to 11:00, free dance music. at 2:00, a community procession and soul cleansing. did i mention you can take bart or the train to berkeley? then you don't have to worry about driving home. millbray arts festival. it's the last blast of the summer. the streets are filled with talent, and they have a stage dedicated to it. plus, fans can sample suds with the buds at the tasting tent. millbray is your hub for bart

and cal train options. and this last one is worth the drive on a day like this. head west until you can't anymore. find your way to drake's beach at point reyes national seashore where you will park and dig and sculpt. registration is at 9:00. judging is at noon. bonfires at disk. fires are allowed as long as you get a permit. dogs are not, unless they're sculpted from sand. and join me right back here on today in the bay. ♪ [ barks ] whoo! mmm! ♪ ♪ oh, yeah [ whistling ] [ male announcer ] discover your new orleans. start exploring at followyournola.com. [ woman ] and i love new orleans!

this coming tuesday congress will return after a five-week recess for what we can expect in the weeks between now and the november election, we'll turn to nbc bay area's political analyst larry gerston coming to us live from washington, d.c. good morning, larry.

what can we gleam from the long hiatus given the nation's many, many problems. >> with should straighten out something first of all. a lot of people think it's vaation time. most members of congress are doing anything but for that five-week period. they meet with constituents. they have town hall meetings. they take fact finding trip domestically or abroad to get firsthand knowledge of what's going on. and then it's bring home the bacon time. largely because of the work of the members of congress to get them off their district. you may remember when they talked about connecting bart to the south bay. that was because of a $2.3 million package there. 900 million of which came from the federal government. so therm celebrating the fact he brought back this $900 million check.

or at least facilitated it to some degree. and he gets credit for that. they get blamed for enough. that's for sure. it shows the extent to which congress is linked with the districts. there's a lot more going on during the five-week hiatus than a lot of people think. >> what's on the agenda for congress between now and tend of the year? >> there's a lot. both in terms of foreign and domestic policy. when we talk about foreign policy, my goodness, there's a russian incursion, if you're kind, invasion if you're not about it. and how it's hitting the folks in eastern europe, western europe and the united states to some degree. beyond that, there's a question of i sis. we all know what's going on there in the middle east. what will congress do about this in conjunction with the president? will he get involved in syria much more? that remains to be seen.

congress and their committees are investigating that. if history has anything to say, there will be another one. what can congress do to bring this about in a better way? secretary of state kerry's efforts, of course, came up short. so they go back to square one on dealing with that problem, which is prerennial. but there's also domestic policy issues. right at the beginning of every issue, every duction is the question of immigration reform. will we finally get around to some kind of immigration reform? and the republicans and democrats have two different ways of doing it. the democrats want to see something much more comprehensive. and these folks have been at lagerheads. you may know the term gridlock. more recently we have seen

ferguson, missouri, and all the issues regarding michael brown's death. but really the other issues have to do with the basic civil rights issues in ferguson and across the country. it does resonate everywhere. why can't we seem to deal with the question of civil rights? and then there's the question of gun control. the way the police manage themselves in foerg ferguson. that's that difficult issue. and we have other questions. not the least of which will be the question of what we call inversion. inversion has to do with the federal government, rather companies who are located here, american companies, moving abroad, buying companies abroad, setting up headquarters and in the process, paying lower taxes abroad than they would be paying here. that hurts treasury. congress is very, very concerned with these issued.

particularly the loss of funds to the u.s. treasury. so you put this all in perspective, vicky, and we're talking major issues facing congress that only seems to get larger every day. >> and looking like we're not going to see a whole lot of results is one of the least productive congresses in history by the numbers. thanks for joining us from washington, d.c. we really appreciate your time. enjoy the rest of your vacation with your son. we'll be back after the break.

welcome back, 7:54 right now. we're waking up to fog in the city by the bay. as we clear out, we'll see hazy sunshine this afternoon. here's the thing to note about the forecast for today. it's not hot. nothing like what we saw yesterday. one of the warmest, livermore up to 94 yesterday. still warm, but not as hot.

areas of fog develop. we'll see the fog mainly at the coastline. this morning, plenty of blue sky in the south bay. you'll notice from san jose, not a cloud in the sky from that vantage point. temperatures this afternoon in san jose will be at 84 degrees. just a few degrees shy of yesterday. the east shore is looking fogged in. 75 this afternoon. one of our warmest, as i mentioned. the tri valley still warm. pleasanton around 91 degrees. 90 is still warm. make sure to drink plenty of water if you're having wine later this afternoon. if you're heading to oakland pride, room temperature in the mid 70s. that parade kicks off around 10:30. today and tomorrow will still remain warm. kbi tuesday this trough of low pressure will move inland. that's going to dig into the the central part of california. that means cooler weather, more fog in the morning and maybe some drizzle over the golden

gate bridge. unfortunately for us, this area of low pressure will stay so far north that i don't think that we're going to get rain from it. but we may see fog and drizzle up against the coastline. you'll notice the temperatures are down for the day, back up for tomorrow. look what happens once the trough digs in. on monday, close to 90. on wednesday, in the 70s. a major drop off in temperatures for the inland cities. san francisco with not much of a change. 74 for tomorrow for your labor day. fog and drizzle returns and temperatures back to the 60s. so overall something for everybody. for us, we could use the rain. the official start of fall is december 1st. now hopefully we can put rain on the maps as we move through the upcoming months. some decent glove work in in basketball. the little girl gets the the

ball. we couldn't help but root for one ball working the san francisco giants game. that's nbc bay area investigative reporter steven scott. looking pretty good in thater jersey. hit the field and held held up quite well over nine innings. besides having a darn good seat. he sure looked like he knew what he was doing. he's investigating for the giants are going to offer him as gig as an infielder. when that e-mail went out, they said you need good legs and stamina. we want to tell you about breaking news coming into the newsroom right now. sources are telling damian trujillo that 49ers defensive lineman ray mcdonald has been arrest eed for domestic violenc. we'll have much more for you

tonight at 5:00, 6:00, and 11:00. that could be a very serious arrest. much more tonight and all day on nbcbayarea.com. thanks so much for joining us. we hope you have a great day.

huge challenges for president obama this holiday weekend from enemies old and new. the president admits he does not yet have a strategy for defeating isis as britain raises its terror threat level. i'll ask dianne feinstein, chair of theintelligence committee about the threat posed to the u.s. and whether the president's recent comments so weakness. facing doup an old adversary. ukraine says its country is near full scale war with russia. how far will vladimir putin go. can president obama and the allies get him to back down. plus a new era on "meet the press." a revealing look