now at 11:00, a broad daylight shooting of a niners rookie in one of san francisco's most popular areas putting questions about safety back into the spotlight. plus. >> i tried to jump on the hood. >> we heard from a man walking his dog when he got caught in the middle of what police said was a bizarre crime spree with

a strange ending. and a call to tackle gas prices gets a chilly reception. but it will be anything but chilly this week. this bay area native was iced out of the food competition that made him famous, but it didn't stop him from smashing a hot dog record. >> from kpix5, this is the late news with sara donchey on cbs news bay area. good evening, i'm devin fehely in tonight for sara. san francisco city leaders say they have been taking steps to crack down on crime and make the streets safer for everyone. but the shooting of a niners rookie in the middle of broad daylight is bringing that back into the limelight. ricky pearsall is back home recovering after being shot in the chest. the bullet went through his chest and exited out his back,

missing miraculously any vital organs. police arrested a 17-year-old from tracy at the scene of the shooting but we don't know his name yet. charges from the da's office are wednesday. meantime, the debate on easing cream is not new. a number of large scale coordinated smash and grab robberies put pressure on police to beef up security. especially during the holiday shopping season. but now the shooting of ricky pearsall is putting the heat back on and raising questions on whether the city could and should be doing more. we sent our lauren toms to union square to ask shoppers if they feel safe. >> we bought clothes, jewelry. what else? >> reporter: shopping is in full swing in union square and so is the police presence. after years of crime and just days after an attempted armed robbery and shooting of a new 49er, shoppers like maya say their personal safety is

consistently top of mind when shopping in this area. >> having bought of this not a problem. stores are safe. but the environment around union square, not so. >> reporter: clutching their items is second nature to this group who anticipate a need for their heightened safety in the popular shopping district. especially on a holiday weekend. >> i haven't taken it off my hand. literally. yeah. we have two bodyguards. >> reporter: during our time in the square, we counted ten visible police officers and a command pd on display. crime is down 44% and robberies down more than 17% according to city data. officerstell me there is no reason anyone should fear for their safety time or any other time of the year. >> i have been out here at least seven years. i shop out

here, i do overtime out here. i eat out here. nothing to worry about at all. if they need assistance, we are more than happy to help you walk to your car. we are here for directions. one of the safest places. >> reporter: their presence appear to have an effect with shoppers. >> a lot of cops. that made us feel a little more comfortable. i saw them and i was like okay, they are watching. >> reporter: they feel confident shopping in the area regardless of the attempted robbery over the weekend. >> you hear stories from here and there. personally, i don't have any problem shopping here. >> reporter: maya doesn't plan to do any high dollar shopping in the area any time soon. >> i probably wouldn't buy that here. >> in just a few minutes, vern glenn will have the latest on ricky pearsall's status with the niners while he recovering. a man and his dog are okay after a close call caught on

security camera video. they were both hit by a car standing outside of a bakery on 8th street. the suspect was arrested after police say after allegedly committing a crime spree around the city, take a look at this video. the suspect drove off. the chase continued into the mission district where he also rammed a police car. officers eventually caught him as he climbed a tree. >> i try today jump on the hood. thankfully, micah had really quick reflexes and got underneath. and i need a little training from her because i didn't get on the hood as quickly as i should have. >> reporter: mark bailey, the man who was hit, says he is a little sore. but he and his dog are okay. members of the bay area jewish community held a candle light vigil honoring the six

hostages found dead. five of them were kidnapped by hamas october 7th including hersh goldberg-polin. a 23-year-old who was born in berkeley. he lost part of his arm in the hamas attack and was seen in a video in april. we were hoping to bring him home. today's parents buried him in a cemetery in jerusalem and spoke about their son to thousands of mourners. >> first, we failed you. we all failed you. >> for 23 years, i was privileged to have the most stunning honor to be hersh's mama. i'll take it and say thank you. i just wish it had been for longer. >> their killings have triggered a second night of protest as thousands of

israelis continue to demand benjamin netanyahu agree to a cease fire and hostage release deal with hamas. the offensive has killed tens of thousands of palestinians and displaced the vast majority of gaza's 2.3 million people. but despite the mounting pressure, netanyahu pushed back against the push to reach a deal. >> these murders executed six of our hostages. they shot them in the back of the head. we are asked to make concessions? what message does this send hamas? it says kill more hostages. >> do you think it is time for prime minister netanyahu to do more on this issue? do you think he is doing enough? >> no. >> and until an agreement is reached, the violence in gaza rages on. officials say just over the past 24 hours over 40 palestinians have been killed in israeli strikes. tonight, governor gavin newsom is being iced out by

lawmakers in a stalemate in sacramento. he called for a special session to address high gas prices. but as madisen keavy reports, he got more than pushback. the state senate is refusing to meet with him at all. >> reporter: it may not cost as much to fill up the summer compared to last, but california drivers on average still pay 90 cents more a gallon than the rest of the country. it is a call for the special session from the desk of gavin newsom. steady the oil supply and steady prices for drivers like claudia. the governor wants to set minimum inventory requirements for oil refineries that no matter what was going on, a steady source of fuel would be there. >> the problem is it came a little late in the session. it is causing a le bit of a push and shove. but bottom

line, when you look at the facts and are receive search by the california energy commission, there is no disputing. >> reporter: oil refineries disagree and in one statement said this kind of regulation would actually make gas prices go up. >> i'm able to afford it. i paid for it. >> reporter: back at the state capitol, where do things go from here? the state oil czar, a position created the last time the governor called for a special session was asked about that role last month by our own marlee ginter. >> is that enough for your office to do? >> we have amazing tools passed during a special session. the governor and the entire legislature focused their attention to create new resources. >> the assembly opened the special session saturday night but the senate went against newsom's request and did not. with such nice weather for labor day, it was the perfect opportunity for people to break out their jet skis, cool off at the reservoir. we saw a lot of

people bothing and taking a dip in the water. temperatures expected to heat up more. today was the nice day and it will feel like a furnace blast the next three days. >> the unofficial start of summer labor day? mother nature has other ideas. full summertime mode. let's take a look at where we topped out earlier. you wouldn't guess there is a heat wave on the way. temperatures near or slightly below average in the 60s , 70s , and 80s . big changes for tomorrow. everyone's temperatures increase. we will be about 10 to 15 degrees above average which means into the 80s in both san francisco and oakland. probably the second warmest day of 2024 in san francisco with 82 degrees. and inland temperatures in the 90s and low 100s expecting exactly 100 degrees for high temperature in concord. to put that in terms of the heat risk, the threat of overexertion was in the low category today for one of the warmer spots. antioch and brentwood also in that same

category. but for the next couple of days that heat risk climbs significantly into the high category tomorrow. and the purple line traces the heat risk for wednesday into the high category. so don't overdo it. just common sense. stay hydrated. we have to contend with deteriorating air quality as well. spare the air alert tomorrow. air quality expected to reach the unhealthy for sensitive groups category in the inland portions of the east bay and the santa clara valley by tomorrow afternoon. we have another spare the air alert wednesday as well. tracking all of that as we head through the next several days. devin? north bay homeowners accused of keeping beach goers away from waterfront property. >> the new bikinis are difficult to deal with. >> the new battle brewing over beach access. and this baria native was shut out of a food

competition. but joey chestnut doesn't need it to smash his record. i'll say what city hall insiders won't. we have a drug, homelessness, and economic recovery crisis,

because the system that's supposed to fix things is the problem. record budgets. fewer officers. business killing bureaucracy. the insiders won't change a system built for their benefit. i'm daniel lurie and san francisco needs a mayor unafraid to take on the status quo, bring accountability, and stop the excuses.

the water might be freezing but you just can't deny that northern california is famous for its coastline with stunning cliff side vistas, crashing waves, rolling fog. but with that, we have also seen some battles over who can access some of those beaches. here in the bay area, the most notorious example is the neverending tug of war over access to martin's beach in

san mateo county. a billionaire bought 89 acres of property including a road used to access the beach. over 15 years later that case is playing out in the courts. a battle i have followed the past few years. >> you can buy the land around the beach, but can't deny access to the beach. you have to allow the public to enjoy the beach. >> and along the santa cruz county coastline, some residents paid $100 for keys to access the so-called privates beach which was gated behind a nine foot tall iron fence topped with razor wire. but the coastal commission took action to dismantle that fence. these barriers are not quite as extreme, but there is a debate in marin county over whether beach side property owners are going a step too far to keep the public at arm's length. our john ramos explains. >> reporter: a short wile ago, these rope fences began popping up at the properties along

stinson beach. now marin county is trying to decide if it violates the public nature of a public beach. dino lives in a house right on stinson beach. on days like this, he has a lot of company. but despite all the signs posted on the building, he must still regularly rake up all the dog pop and garbage left under his home by beach goers. >> you have entire families having picnics under there. on a hot day, it's the only shade on the beach there. >> reporter: but he says it gets much worse than that. >> people just put all their garbage in there. use it as a restroom because there's no restrooms on the county beach. >> and they build fires? >> they have bonfires or barbecues for sure. >> under your house? >> yeah. they use the shingles to make a bonfire right here. >> reporter: his landlord erected a rope fence during the pandemic to keep people back from the property line. and lately, dino has noticed some other neighbors are doing the same thing.

>> a couple of them seemed just kind of appeared. maybe recently. and they are pretty far out. pretty further out from the property line. >> reporter: that's the problem. a seaside property line is based on the mean high tide and some beach goers are complaining that the new fences seem to be randomly placed, one official complaint to the county states quote, the issue is that these five people are claiming the public beach as their own property without anything that substantiates the location of their posts slash ropes. so the county has served notice to six property owner to remove the fences or apply for a permit. that in itself would likely require a survey to determine the legal boundary. elise thought the beach was big enough that the fences were not really impeding access. >> i don't see it as a huge deal. but you know, i think they are just trying to say, they are trying to make sure that everybody still has public access so they don't want people to start making it

private. >> reporter: but a group of international tourists said they thought the rope barriers were meant to send a different message. >> they are there, this is our line, you cannot cross over there. which is if it is a public beach i don't know. >> my reaction was okay. you are really rich to have a piece of this thing. like you already know that is someone's property. i don't know if you really have to limit it that way. >> reporter: some of the fences have reportedly been there for decades without complaint. but now, with more of them popping up, county is getting involved. dino says he understands the concerns and is good natured about cleaning up after the public but one thing has begun to bother me. >> the new bikinis are hard to deal with. can't get any work done. >> reporter: as hard as it is to focus on the fences, the county says they must be legalized voluntarily or the owners could be facing heavy

fines. >> now the county says even the fences on private property were still illegal because they were built without a permit. but the fees for the required coastal development permit is reportedly more than $6,000. so beautiful weather today. beautiful weather for the holiday weekend. >> uh-huh. >> the next three days. those are the hot ones. >> yeah. it is definitely going to be hot. but we will not set any records. good news there. and we'll be baconer normal in time for the weekend. we will take a step back and put our big map on the floor and look at the big picture pattern and how things will change as we head through the next couple of days. there's a disturbance to the north sending showers and thunderstorms into oregon and washington. but the heat, no, the big h on the map over the desert southwest, that is about to take over. strong area of high pressure in the upper levels of the atmosphere. more atmosphere building overhead. that compresses the air at ground level and heats it up. it's also a weather pattern

that tends to trap ground level pollution. in the urban pollution. so let's look at the air quality forecast as we head through the next several days. in the santa clara valley tomorrow. and wednesday. still in the moderate category thursday and friday. because temperatures at the hottest on wednesday. it will take a couple of days for the pete dome to break down. drift a little further away. stronger on shore breeze, helping with those factors as we head into the upcoming week. for now, as we look out toward downtown san francisco, from sutro tower, temperatures in the low to mid 60s . upper 50s in santa rosa. 50s across most of the bay area early tomorrow morning so a cool start. but temperatures will take off once the sun coming up. we are not going to see much fog as we head through the rest of tonight. and the atmosphere will heat up very

efficiently once the sun does come up. let's take a look at the forecast high temperatures for tomorrow. getting up into the mid 90s in the santa clara valley. 96 degrees in san jose. that is where we will be closest to the record high temperature. the record is 99. fortunately, well off the record pace in livermore. 100 degrees the forecast high. hot enough. today's record in livermore is 115 degrees. no thank you. the hot spots fairfield at 101. into the 90s in fairfield, down the peninsula. 80s for san francisco and oakland. and even low to mid 70s along the coast. those temperatures being boosted by just a weak offshore breeze. in the middle 40s of the 90s as well. then things back down. tomorrow and wednesday will be the hottest days in san francisco. already, backing down to the mid 70s on thursday. the average is 70. that is where the forecast takes us friday all the way through the weekend and the

middle of next week. the heat lasts longer if you are further away from the water. temperatures in the mid 90s in san jose. low to mid 80s , east of the oakland hills, there's the peak of the heat. livermore, 102 wednesday and thursday. and returning to at least reasonably hot levels by saturday and sunday. maybe a couple of degrees below averagely monday and tuesday of next week. that's the ten day outlook. it is the hottest weather for the next three days. friday is transition day. reasonably hot saturday and sunday. temperatures around the bay return to their typical september mild levels by saturday and sunday. a few days in the 80s dropping to the 70s . continuing into the weekend. and the fog will just be back along the coast. by saturday and sunday. same thing for monday. some patches of mist and drizzle with your temperatures returning to the

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families at golden gate park enjoyed live music from the park's band this labor day as part of their concert season. that continues through next month. today's performance celebrated working people everywhere. all right, vern. so, we are a week away from. >> devin, this time next week, we will be talking about what went right and what went wrong. >> a little news. we have to get serious. >> involving one of the members of the future. 49ers were taking about wide receiver ricky pearsall. while he recovers from a gunshot to the chest from saturday. the team

placed him on the non-football injury list today. he will miss the first four games. winning the game is goal number one. >> are there certain quarterbacks higher on the list you want to pick off? >> if it is hall of fame quarterback, i would have my hands on that ball. if i do get my hands on it. >> you asked for the signature after the interception? >> i will. i never have, but i will. langoliers gave them a lead. game was tied in the ninth. then this. his second big fly today was a walk huff

to win the game. the as have a record of 23-17 since the all-star game. after so many candidates tonight, only five get to make the kpix5 top five plays. honorable mention shout-out to the san jose giants. punched its ticket to the playoffs as california league north division second happen champs. remaining five? let's go. darren cakier got his first big league hit playing for the nationals. proud mom and dad were in the house. number four, even the best golfers go bad. scottie scheffler did this. and get this. he still won the tour championship and a 25 million-dollar fedex cup bonus. number three. how to rate the

acting job of alonzo barnett of james madison? he was really trying to sell an unsportsman like conduct call. nice job. number two. usc receiver. best grab of the season. one handed against lsu. oh the concentration. right? on the money. didn't like it. and number one, competitive eating. look at san jose's joey chestnut go. he went head to head and broke his own hot dog eating record. 83 dogs in 10 minutes. streamed live on ned flicks from las vegas. devin, i was hungry before that clip. i think i can wait until tomorrow. to eat again. >> i told you in the break for a minute, i do not understand competitive eating as a

spectator sport. i see them shove one of those hot dogs in and i'm done. >> yeah. i'm with you. >> yeah. >> especially after that. way to go joey, but oof. >> as you know, he was barred from the nathan's hot dog eating competition because i think he sponsored by somebody else now. but that didn't mean anything. still smashed the record. >> he was the man tonight. >> yeah. all right, thank you. well, up next, an underwater expedition ends in a tour guide getting some air.

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so before we go, snorkeling off the coast of australia would be an unforgettable experience. that is an understatement for the man in this next story. who makes a living doing it. reporter pat hagney shows us the underwater encounter that left him launching into the air. >> a swim like no other. one moment this man is in the

water. the next, the air. as the tail of a whale as big as a bus launches him from the sea. they were snorkeling with hutch banks in waters off the coast when they captured a moment of mayhem. >> we were super excited at the opportunity to swim with whales. >> reporter: but they didn't expect and experience quite this unique. >> it got wild. >> reporter: surrounded by three whales, the couple were chemoing an eye on one beneath them when the unbelievable happen. >> we didn't know at the time who it was. someone was up on top of the tail of a whale. >> reporter: the man on the tail was one of their tour guides lifted in the water by a leviathan of the deep. the two

will escape uninjured after taking flight. >> it was a relatively gentle experience. >> reporter: now with a whale of a tale. >> that was crazy. >> actually think that is pretty cool. they say whales are really smart. biggest brains of any animal ever. so i kind of think did it on purpose. >> whale rodeo. why not? >> better him than me. >> i could not have kept my cool. >> and it was caught on film. thank you so much for watching. the late show with stephen colbert is next. the news continues streaming on cbs news bay area. goodnight.