i'm tara moriarty live in san francisco where a german tourist has been gunned down while walking hand in hand with her husband near union square. we'll give you the latest on the investigation. the bay area and state are waiting for a judge's ruling that could lift the stay on same-sex marriages at in time -- at any time. >> reporter: and the drilling has begun on the fourth bore of the caldecott tunnel. i will have that story ahead. the noon news starts now.

good afternoon. we've just learned that the victim of a deadly shooting in san francisco last night is a tourist who is visiting from germany. two others were injured by the gunfire. police say the victims were apparently not the targets. tara moriarty is live in san francisco with the latest. tara? >> reporter: well, jana, this is a horribly tragic event that unfolded near union square. a german tourist was walking back to her hotel with her husband, they were walking hand in hand, had she was killed. the san francisco police confirmed they've detained five people and they have a weapon in custody. now, they say that they are extremely angry about last night's shooting on the00 block -- in the 400 block of mesa

near geary. just after 9:00, the shooting occurred. the woman was hospital and she died at the hospital. two others, a man and woman, were shot but sustained non- life-threatening injuries. we spoke to the german consulate here in san francisco this morning. he said he's shocked and saddened by the incident. >> we're very surprised because we know that we live in a very safe city and in a very safe area but that can happen if you are at the wrong time at the wrong place, it may happen. >> reporter: san francisco police say they are investigating pursuing this case. investigators worked through the nye and say they wl not stand for this type of violence. >> the police department is doing everything they can to investigate this. this is not something we take lightly. it's a very, very unfortunate

and tragic situation. >> reporter: police say the shooting may be linked to a party that broke up last night on mason street. it was held the building next door to ruby skye's nightclub. now, the san francisco comedy club apparently rented out a floor to an under-1818 -- 18 party. right after the party ended this is where the shooting happened, right on the sidewalk there. again, police have detained five people and they did find a weapon at scene. tara moriarty, ktvu channel 2 news. >> thank you, tara. well, san francisco police also are investigating another shooting that wounded two women early this morning outside a nightclub south of market street. that shooting took place just before 2:00 at fullson and harrison. police say they are not sure if the women were inside the club. no arrests have been made and

there's no word on the women's condition. oakland police are still looking for suspects in an indent on international boulevard -- incident on international boulevard, it was a drive-by shooting. tomorrow it will be one year since the disappearance of 5-year-old has am ni campbell -- hasani campbell. a group working to find the boy opened up a new office yesterday. they've organized vigils, searches and fund-raisers. at one point, police arrested his foster parents on spanishen of murder but they were released and no charges were filed. drilling has finally begun on the fourth bore of the caldecott tunnel. paul chambers is live with the details. paul? >> reporter: good afternoon,

jana. a little more than an hour and a half ago, the drilling began on the fourth bore on the caldecott tunnel. when it's all said and done -- >> today's the day that all of the planning, designing and waying will come to an end. today, we dig. >> this ambitious project will make the community more livable by giving the people a safer and easier commute. it will preserve infrastructure to stand up to an earth. >> reporter: and today, this machine began grinds its way into the fourth 0 bore. it's one of the largest of its kind in the world. it's -- it will dig the bore

and in a few minutes, two small headers will start to bore eastward. that way crews will be able to work from both side. the header will supply 50 truck loads of debris a day. 24 is the second -- this is is the second largest recovery fact from the fund being spent from the recovery and reinvestment act. officials agree this is money well spent. it will relieve traffic and money used for the fourth bore will help employ 5,000 people. >> if it -- were it not for stimulus money, this project would not have progressed to this point and these are skilled -- these skilled construction workers would not be here working today. >> reporter: according to caltrans, currently state route

24, this area carries 124,000 cars each day. adding the fourth bore it will relieve congestion, and when the project is complete, two bores will be dedicated to westbound traffic and two bores will be dedicated to eastbound traffic. this project will take approximately four years to complete. paul chambers, ktvu channel 2 news. >> good to see the progress. thank you, paul. well, we could know this week whether gay couples will begin to marry again in california. the judge who oversurned the -- who oversurned the ruling, is he did issue a stay. governor schwarzenegger and jerry brown are urging the marriages to resume immediately. still ahead -- the alameda county sheriff's office

responds to why a deputy shot and killed a family pet dog. and will the bay area see any changes in the weather soon? meteorologist, steve paulson, has the forecast. also -- >> reporter: starting today, something will be missing from meals at fast-food restaurants. we'll tell you about the new new ordinance and why some parents might find it confusing.

san francisco police are investigating an auto sld pedestrian accident in the tenderloin district today. it happened just before 8:00 this morning at the corner of golden gate avenue and jones street. police say the driver did stop. the pedestrian was taken to the hospital. there's no word on the severity of that man's injuries. patricia neal has passed away. she was well known for many big roles including the female lead in the science fiction film "the day the earth stood still." she won an academy award in 1 63 -- 1963. she earned several more award nom mu nations and in-- nominations and inspired millions of people. she had lung cancer and shorly

before she died, her family said, "i had a lovely time." she was 84. authorities in wyoming relatived one of two arizona escapees they believe were hiding in the area. tracy province was taken into custody after he showed up at a church looking for part-time work. john mccluskey remains on the loose. they escaped near kingman, arizona. mccluskey's mother was arrested over the weekend, accused of aiding her son's escape. the trio are linked to the killing after couple in new mexico late last week. late this morning, a spokesman for the alameda sheriff avenue office -- sheriff's office spoke out today. a dog was shot. the family said they were just leaving to go out for a walk

and the dog got out. >> i think it's messed up. he could have shot him once in the back leg or tased him. he was a good dog. never hurt anybody. never did anything wrong. >> this morning the officer's spokesperson said he feared for his life. he said he shot the dog at ten fee. and when it kept coming, he shot it at five feet. the next time you order a kids' meal in unincorporated contra costa county may not include a toy. it's part of the fight against obesity. >> reporter: workers changed their sign in their window today. customers won't find any toys in their happy meals today and kid' meals today. >> for a lot of 8 and 9-year-

olds they need about 1100, 1200 calories per day. these meals have 700 in them and that's just one meal. >> reporter: ken yeager proposed the new ordinance. it bars restaurants from offering any toys from any kids' meal that has more than 485 calories or 600 grams of sodium. >> i think it will a little by -- i think it will a little bit. i don't think they will find it as good if there's not a toy in there. >> my kids go to mcdonald's at least once a week and they don't get the happy meals. and they get it anyway. they like it anyway. >> reporter: the ordinance only applies to ordinances in the unincorporated part of the county. so these places are only two that will be affected. their managers wouldn't talk to us on camera. but some of them did.

they are not happy, some people. >> i think we have the choice to let our kids have a toy. >> it's the government that will have to foot the bill for all of these children and the diseases that they are gonna suffer. >> reporter: santa clara county is the first in the nation to introduce an ordinance like this. but supervisor yeager says city leaders from san francisco, chicago and new york have also contacted him on this issue because he says they are also thinking about introducing similar measures. in santa clara county, allie rasmus, ktvu channel 2 news. a livermore woman faces an arraignment today. she's accused of sexually abusing two young guy -- two young boys for 13 years and there are other charges against 42-year-old christine shreve hubbs. 67 counsels of sexual abuse have been lodged against hubbs. police say hubbs was a long

time friend of the boys' families. we have a follow up on the story about a fresno man who claims photos he purchased at a garage sale are long-lost images by famed photographer, ansel adams. there's new information now that casts doubt. a woman from oakland said the pine tree photo was taken by her uncle. earle brooks. she turned this and the other photos to a group of ansel adams. they've concluded they are not the work of the same photographer. >> my conclusion is they are uncle earle's, they are earle brooks's' photos and negatives. >> rick norsism gian insists they were. thissputd is not over -- this dispute is not over, though.

if it turns out they were taken by ansel adams, they would be worth hundred of thousands of dollars. well, we're gonna turn things over to steve paulson to see if we're gonna see any changes for the week. >> i received a couple of tweets from sebastopol, still fog there but i think that's going to burn off as well. and also in san francisco, officially it's 58 and denison's sunset district said i'm 58 as well. across the board, rather cool. sun new, walnut creek and san jose it's not that warm. we have low 70s. it's a very cool pattern. low, overcast. dean down in santa cruz said he had .03 of rain. technically it's drizzle. that's what we had. windy at times, especially once the fog burns off. sunny but only 60s and 70s ?ls

you are up toward -- unless you are up toward lake county. but everyone else is on the cool side. the reason being we have a strong, strong area of low pressure to the north of us. these enhancing the fog bank. temperatures remain way below average and the wind picks up as well. is there any good news? >> yes. we have a lower fire danger. i mean, june, july, august have been below average. the air quality is better, the fire danger goes down. right now our summer has yielded a fire danger and much better air quality. low coming do you right there. unseasonably strong. seattle and portland will sele in around the oregon -- will settle down along the oregon border. 50s and sciks on the high side.

60s and 70s. 71 livermore and concord, 62 san rafael and napa. there's the 58 in san francisco and san jose finally eeked out a 70. pailpalo alto only 67. 91 in palm springs and las vegas. it's even down to southern california. that system -- there's two lows one in nevada, that triggered pretty good storms yesterday. tahoe had errors of hail and street flooding. the next low dropping down, that's the one controlling our weather. that gives you a lot of low clouds, mist, drizzle. rather windy a times. temperatures upper 70s for many that should be a lot hotter than that. 60s, 70s coast and bay side. on the five-day it looks like there could be warmer weather. bit the coev, as we were talking -- coast as we were talking about during the break, it's really socked in. >> i coon get over how gray it

is. -- i can get over how gray it is. >> from eureka. >> we need the sun an vitamin- d. >> i'm working on it. >> okay. thank you. a new bay area report shows the market is stabilizing but it's still slow. the median home value is $4 7,000. the report shows some home values declined in about a third of the zip codes. gavin newsom will help launch a project to make the city more bike-friendly. that project will add 34 miles of new like lanes across the city. at 1:00 p.m., the first strike

will be laid down. the new bike lanes will double the curb number of lanes -- current number of lanes. the injunction was issued in 2006. as a result of a lawsuit by a man who said the city failed to do a sufficient environmental review. now that the judge has lifted the injunction. new bikes will be added to town send, market, northpoint and ocean avenue. if you still hold your cell phone while you drive, we have a warning for you. police are planning a one-day crackdown tomorrow to catch distracted drivers. the chp say they are responsible for the highest number of drivers not paying attention. >> you see somebody we'ving in and -- weaving in and out of lanes. are they falling asleep? are they under the influence of

alcohol or drugs? as you get closer and make a closer observation, you notice they are ticks texting or -- texting or talking on the phone. >> police say more than 1200 crashes statewide involved cell phones. those crashes killed 16 people and injured another 850. another crackdown will take place on august 18th. still to come -- bus computers are using the transbay terminal for the same time. and we go to washington, d.c. our real national pastime?

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today, many san francisco commuters are using the new temporary transbay terminal for the first time. it opened on sawrk at howard and main streets and will be used for the next seven years while the new transbay center is being built. one useful bit of information is the existence of bathrooms. they are located inside the greyhound building on fulsom street. well, the championship, the super bowl championship, the saints were at the white house.

they presented mr. obama with a jersey number 44. president obama is 44 44th president of the united states. they went to walter reed army hospital after that. in a special 7th inning stretch, greatful dead member mickey hart will conduct everyone into a "take me out to the ballgame" with kazoos. it's to honor jerry garcia. coming up on the news at 5:00, in just about an hour from now, a 42-year-old livermore woman is due in court

on charges she sexually abused two young boys. and do whales talk to each other? researchers from san francisco state spent months recording the sound is off the california coast. our next newscast is the news at 5:00. thanks so much for joining us this afternoon. have a great day.