the shopping area. that happens. >> reporter: german consulates in san francisco this morning spoke about the death of a school official from 50. she and her husband were celebrating their anniversary last night when a gunman or gunmen opened fire in san francisco's theater district. >> her husband was with her at the time. he was shocked, of course, about what happened. he was more shocked when he -- when he learned that his wife died. >> police say the violence began just before 9:00 when two groups fought outside a private party for teenagers that was being held inside this building. a 15-year-old and 1 -- and 19- year-old were wounded. police took three san francisco adults and two juveniles into custody. they say they found one weapon. >> this is not something we take lightly. it's a very violent situation. >> reporter: the vie -- 

violence -- [ inaudible ] >> all of a sudden i heard screaming and bang, bang and i thought it was backfiring. it was gunfire. >> obviously a negative con know nation for -- connotation for san francisco with germany. >> we all hope we are not at the place at the wrong moment. >> reporter: police say they used surveillance video in this investigation and also credit a taxi driver and a bystander helping them. david stevenson, ktvu channel 2

news. >> and mayor newsom commented on the shootings. the new policy gives the entertainment commission the power to is pull permits. newsom said this new legislation would hold club owners and promoters liable for violence near their place of business. a mother of three was arraigned for having sex with two underaged boy. the woman appeared in court in pleasanton. and christen calf ten was there and he's like -- christian is kafton was there and has this report -- >> reporter: this mother is accused of sexually abusing two minors. christine hubbs wept as she faced a judge today.

outside the packed courtroom, her husband, livermore dentist, tim hubbs, had no comment. but her lawyer made a plea on behalf of the family. >> to respect the privacy of the family so they are not hounded. there's press outside their house every day. there's children there. >> reporter: the charges include arranging liaisons. prosecutors say the mother of one of the victims is found sexually explicit pictures of hubbs on her phone. they say this started in december of 2008 while he was dating her daughter. prosecutors also found the second alleged victim and say is that abuse started in december of last year. court documents say she showered the boys with cash and

expensive gifts. hubbs a -- hubbs's attorney is reviewing the evidence. steve, a courtroom observer, said a small group of high school students knew about the alleged sexual encounters and toll him about it. >> i didn't even believe the story. but she's best friends with the kid. i knew it was true but i still didn't believe it. >> reporter: now, hubbs also faces misdemeanor charges agreeing to allow the kids shoot a gun out her vehicle. prosecutors are still working to determine how much time she would serve if convicted. hubbs is due back in court a week from today. is. the oakland police officers association announced this afternoon it has agreed to pay 9% to their opinion shun plan. that -- to their opinion shun plan -- to their pension plan.

this would allow the city to hire back the 80 officers which were laid off last month. the officers will receive a guarantee of no layoffs for three years. >> not only are they protectors of your safety in this community but they understand to continue to protect safety and that means by paying money themselves. >> the officers have agreed to sa two-tiered opinion shun system and will -- pension system and will com. dozens of nursing work were fired this weekend after a five- day strike that involved 150 cooks, janitors and other workers there. they were told they were fired as they tried to return to work on saturday, including some who are part of the bargaining team. a spokesperson for the piedmont garden homes say the decision

was an economic one. tonight, the digging is finally underway. a giant machine began work today on the badly needed fourth bore. and with that digging comes a lot of jobs. tom vacar is live with more on this project. >> reporter: frank, it's finally realistic to say one day there really will be a light at the end of this tunnel. they stard carving up up what will eventually be the fourth bore of the tunnel. >> today is the day we dig. >> reporter: for the third time it was bored in the -- in the 160s -- 1960s -- >> we did things like rebuild

the eastern span of the bay bridge. >> reporter: almost half of the funding of the $450 million project came from the american recovery act. >> this tunnel is the second largest recovery act project in the nation. we have more than 11,000 projects related to highways, bridges on a national basis. >> reporter: plans along the tunnel were final id long ago -- finalized long ago. >> we would not have the opportunity to be here today because this project wouldn't have been ready to move to construction as quickly as it has. >> reporter: all toll it's going to take about 18 months to drill this tunnel. about -- the tunnel will open some time in 2014. >> once this opens, all of the restaurants and theaters on both sides, all of the cultural activities will be open on both

sides because we won't think about -- twice about eating at a restaurant. >> reporter: so barring any major problems, we should expect this to open sometime is in early 2014. tom vacar, ktvu channel 2 news. an if you are heading towards -- and if you are heading on san francisco towards 880 you may want to give yourself extra time, a repaving project is about to get underway. caltran says crews will work between 7:00 p.m. and 5:00 a.m. seven days a week of the project is from dixon up to the yolo county line in davis. some ramps will also be repaved. that repaving is scheduled to be completed by the end of the year. the internet phone service skype said it's planning a $100 million initial public offering. the company based in luxembourg

made a filing today. it has 560 million registered users. some people say skype's ipo could be the biggest since google went public in 2004. skype is connected to appear on the nasdaq -- expected to appear on the nasdaq market. mark hurd of hewlett- packard is accused of falsifying expense reports to conceal a relationship with a -- with jodie fisher. stock an options could bring the total for him to $40 million. stock ended today on a positive note. [ closing bell ] >> yep, that's dora the explorer. she had the honor of ringing

the closing bell today. here is a look at the closing numbers. the dow was up about 45 point. the nasdaq gained a little more than 17. for more consumer news, go to ktvu.com. the secretary of defense outlined new belt-tightening moves designed to streamline the military needs. robert gates says he plans to close a major military unit, the joint forces in virginia which would save about $240 million a year. he ordered a cut in spending on private contractors and placed a cap on general admirals and top civilians in the military. >> we must be find million of the difficult economic situations facing us. the department of defense cannot expect america's elected representatives to approve budget increases each year unless we're doing a good job. >> in the next five years, gates hopeds to trim about $100

billion off the military's $708 billion budget. only one of three escaped prisoners from arizona is still on the loose tonight after an arrest in wyoming. tracy province and john mccluskey escapedall 30th -- escaped july 30th along with another man. province was captured today. they were captured in a town near billings after they got a call from a woman from a coach. >> after speaking to province, she went home, and from the news accounts run almost hourly, which we appreciate, as soon as she sat on the couch, up came the pictures of these men and she immediately and positively identified them. >> authorities are still looking for mccluskey and his girlfriend, who is accused of

helping him escape. okay. are you still driving and talking on your cell phone? if you are, you better hang up. we're gonna show you what the chp is doing starting tomorrow. starting today, something will be missing from some kids' meals at fast-food restaurants in one bay area county. we will tell you about a new ordinance that goes into effect the fog rolled back near the shoreline this afternoon. outside i'm looking out toward mount diablo. still some patchy fog. we have warmer temperatures coming up in the five-day forecast. i will have that coming up in just a little bit.

a car hit a pedestrian in the tenderloin district. it happened just before 8:00 at the corner of golden gate and jones. police say the driver did not stop. the pedestrian was taken to san francisco general. no word tonight on his condition. some fast-food restaurants in the south bay today made

controversial changes which are aimed at fighting childhood obesity. the restaurant is in unincorporated santa clara county are now banned from offering toys in most kids' meals. >> reporter: workers at this wiener schnitzel restaurant changed the sign in their window today. toys will not be in kids' meals today. starting today, toys are restricted from most kids' meals. >> for a lot of 8 and 9-year- olds they need about 1100 calories a day. these meals have 700 calories in them. that's just one meal. >> reporter: ken yeager proposed the new ordinance that bars restaurants from offering any toys that has kid' meals with more than 480 calories and more than 600 grams of sodium. >> there is not a toy that comes with it, i don't think they will want it as much. i don't think they will find it

as good. >> my kids eat at mcdonald's, probably at least once a week and never get the happy meals and they get it anyways. they like the food anyways. so i don't think getting rid of the toys will make a difference. >> reporter: for now, this taco bell and wiener schnitzel in campbell are the only two places that will be affected. their managers wouldn't talk to us on camera but some of their customers did. this man says he wasn't happy about the new ordinance. >> i think as adults we have the choice to let our kids have a toy. >> reporter: but yeager says obesity is a nationwide problem that the government end up paying for. >> 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: santaclara 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 new crackdown is about to get underway targeting drivers who use their cell phones. the chp is launching a state- wide campaign starting tomorrow to catch drivers talking on phones or texting. the chp says more than 1200 crashes statewide have involved cell phones in the last two years. those crashes killed 1600 people, injuring another 850. the state is considering two bills aimed at removing a water bomb from the november ballot. governor schwarzenegger is supporting the move because he and others worry others would reject the measure because of the state's budget woes. if the bond were passed in november, it would pay for improvements to upgrade california's water system. supporters of the bond want to delay the passage until 2012 when they hope the state is in better financial state. turning to weather more

sunshine there. we've been talking about how mild it is but really gorgeous out there. let's go right to mark tamayo. these are just minor temperatures. inland neighborhoods up about 3 to 4 degrees over the readings. over the next few days, especially by the weekend, we have a warmup to talk about, especially inland. right now, the maps, i can show you on live stormtracker2, there's the cloud bank. it seems like we've been tracking this. on a closer inspection, we have clear skies out towards oakland and san leandro but there's that fog bank. the western half showing you the overcast near the golden gate bridge and also right around the immediate shoreline as we back the maps out to daly city and down into the pacifica area as well. san francisco right now, 59. napa, 69. still showing you a few low 80s and san jose reporting mostly sunny skies. this was the scene looking out towards san francisco looking across the bay from the east

bay. you can see the cloud cover out there. chilly coast lied, warm temperatures inland. fog will be on the increase overnight. pretty much the same pattern as we head into your tuesday. we're kind of advertising as we approach the weekend especially for the second half of the weekend. here we go for the temperature forecast for tomorrow, the e vex range will be from the 50s. 60s around the bay. quite a few 70s for the warmest locations inland and maybe the warmest locations could be flirting with 80, 81 out towards antioch. for walnut creek, clearing skies. 55 degrees. by 12:00, 68. plenty of sunshine, no 90s or 80s. this weather system has been keeping the prayer on the cool side for several weeks. it -- for several weeks. this will impact our weather pattern in the five-day forecast. we'll take a look at that

coming up in a few minutes. >> see you then. thank you, mark. more sierra ski resorts are finding ways to make more money by catering to bikers. north star and one more resort is offering biking. a mountain biking supervisor of north star says the popularity of mountain biking is growing in popularity. the u.s. fish and wild service will begin a year-long review whether to enlist the franciscan manzanita. the plan was not listed in years earlier because it was

thought to be extinct in the wild. however, a botanist spotted the plant next to the 1th avenue ex- - 19th avenue exit and determined it was the franciscan manzanita. it was quite the getaway. and the gnaw lien saints at the white house with -- new orleans sanes at the white house with seafood.

a flight attendant was arrested today. it happened this morning at new york's kennedy airport. the plane had just stopped at the gate when the flight attendant had a heated exchange with a passenger. they say the flight attendant then activated the inflatable slide, went down the chute and ran into the terminal. according to "the wall street journal" the flight attendant drove himself home. he was later arrested and charged with criminal mischief and criminal trespassing. the bp is in the final phase of trying to cap that oil well. they say the cement is holding tight after a relief well is very close to nearing completion. it's a slow process and it could take until the end of the back to finish the well. the gnaw lien -- the new orleans saints served up fish

at the white house today. >> it's an amazing experience and the opportunity to come here is a once-in-a-lifetime opportunity. president obama honored the team. i made a commitment of the people in the gulf coast that i would stand by them not until the well was done but until this thing is complete. >> today thad allen said with the oil leak just about controlled, the focus of the

shore will switch. george w. bush is set to visit haiti tomorrow. the former president plans to take a look at the rebuilding effort after the earthquake in january devastated the country. he plans to visit with haitians and volunteers helping in the effort. he and bill clinton have rayed fund for haiti's redevelopment. claims of cruelty. we have both side of the argument whether it comes to elephants at the circus and how they are treated.

right now it's a little pit hectic not knowing the answer -- a little bit hectic not knowing the answer. >> it's a controversial and legal matter. a judge overturned the ban last week but it's still not clear when gay couples can legally maury again. john sasaki is live in san francisco tonight with reaction from both sides. john? >> reporter: maureen, father day of weddings here at city hall, another day of same-sex couples sitting on the sidelines. the community has to wait at least one more day for the chance to get married. city hall was busy with people tying the knot. straight people. >> i now pronounce you husband and wife. congratulations. >> reporter: lisa marie and richard heart came from san francisco to irvin just to -- irvine just to get married. >> i think if somebody is lucky

enough to find true love, they should celebrate it. >> i feel like it's official for us. >> reporter: eric of emeryville stood and watched others get married, unable to do the same thing. >> right now it's a little bit hectic not knowing the answer. i have but irflies in my stomach. it's crazy going back and forth to being legal and not legal. >> reporter: it's quiet today. but that will change if the judge lifts the stay. not just flowers. >> my wedding would be assuming so i would assume we're looking forward to more business for sure. >> reporter: this individual says the wait has been difficult. >> it's just a matter of time. it's just an overwhelming

wonderful moment. it feels that equality has been restored. >> reporter: outside city hall -- >> according to biblical scripture -- the marriage is a religious contract between a man and a woman. >> reporter: the stay could be lifted any day. if it is, there should be a flood of people coming to get married. today, california congresswoman maxine waters lost her bid to haversics violations against her dismissed. the committee refused to have charges that waters sought federal fund where her husband was a stockholder. she faces charges of dispensing special favors. she's denied any wrongdoing. state attorney general jerry brown widen thed investigation into the huge salaries given to city officials in the city of bell.

republican has ordered bell officials to turn over past and present reports. california law requires that absentee ballots must be mailed or brought to a polling place by the voter unless the voter is either disabled or ill. tomorrow, the ringling bros. & barnum and bailey circus will kick off the parade tomorrow in oracle. but a group of activists held an event saying the elephants are subjected to abuse. >> these images -- >> today the people for the ethical treatment of animals or, peta, released photos and videos of circus elephants.

they claim they separate the baby elephants from their mothers, chinning them up as many as 20 hours a day to train them. >> to force these elephants into these positions so people go to the circus they will see them like this. these are far from natural positions. >> they also show the baby elephants being hit with an object. >> this video is so amaying this is -- amaying. this is a random act of violence. they go after the elephants. the el elephants are ready to go in. >> there was no attempt to harm the elephants. sloppy technique, yes. >> i thought the correction was

tombly done. >> she also said they don't mistreatment the animals -- animals, they won't. they don't have to. they know their strength. >> pro testers say they will be on hand when the sir kiss opens wednesday at oracle arear gnaw hand out brochures and to show videos about the alleged animal abuse. federal officials are warning parents about the dangers of children contracting salmonella from dry pet food. researchers from the cdc say they've traced salmonella cases to dry food. as a result, they recommend feeding pets where children don't go and washing and disinfecting food bowls as often. they also recommend washing children's hands often. it could be aglimmer of hope when it comes to the bay area real estate market.

and take a look at this interaction between sarah palin and a protester. and they are calling it precocious puberty.

sarah palin said she chose down to make speeches. president obama announced an ambitious goal. he wants the u.s. to become the world leader in college graduate by 2020. spoke at a graduation ceremony in austin, texas. he says the number of college graduates in the u.s. has dropped. >> we've been slipping. in a single generation, we've fallen from first place to 12th place in college graduation rates for one adults. >> in order to become the world leader in college graduates, the university would have to increase the number of people

graduating to 60% instead of the current 40%. new figures indicate the prices of real estate may be stabilizing. according to zillow.com, values rose to 4%. the median home value is 4 7,000. that's -- 497,000. about where it was in 2003. nearly .4 of the homes were foreclosures and nearly .3 were homes sold at a loss. a survey found that nearly 20% of spouses have a secret credit card. they say they don't tell their spouse because they want to avoid an argument or pay it down before revealing exist us tense. those secret credit cards were mostly used to buy clothing and

dining out. they were almost never used to buy drugs or for dating online. 20% of african-american girls reach puberty by the age of 7. the number of white and latino girls who reach puberty by that age has nearly doubled with 10% of white and latino girls developing early. the study found that boys are entering puberty rate slower. extra fat around your middle sec might mean a shorter life even if your weight is at a normal range. a study found that men and women with the biggest waist lines are twice as likely to die over the next ten years and that's true even if they have a normal body mass index. it's estimated that more than half of men over 50 and 70% of women over the age of 50 have

bigger waist lines than doctors recommend. you might call it a national monument national park soon. plus -- >> he's imitating the call of the whales, sounds that bay area scientists say they are beginning to under. as we take a look a live look outside, our meteorologist, mark tamayo, will be up next with a possible warmup for the weekend. is

bay area researchers are beginning to unravel a deep sea mystery. whales emit strange and remarkable sound that scientists say they may be closer to understanding. john fowler joins us now with the details. >> ever since the sailors heard haunting sound, the sound have triggered the imagination. fifty miles off the bay area's coast, earth's biggest ever animals surprised researchers with their vocal accuracy. only blue whale males sing and remarkably this voices linked like tuning forks. san francisco state acoustical specialist roger bland studied

this. >> the surprise was they all call exactly the same. >> each call subpoena rated by 126 seconds. >> why in the world would they do this? we don't know. everything about them is sin crow nyeed like clockwork -- synchronized like clockwork. researchers say curiously they used to sing the note of "ye" and have over the last 50 years lowered their tones. why? >> global warming? the recession? who knows, man. [ laughter ] >> scientists don't know either but guess it might have something to do with ship noise. but why such a specific tone in the first place. bland thinks it's a mating beacon that females may sense a

doppler shift. like a siren coming towards you. >> if she swims toward the source, the doppler shift raises that frequency a little bit. >> bland says another possibility is blue whales use their powerful sound to navigate. whaling nearly drove blue hails to extinction. john fowler, ktvu channel 2 news. >> there are new developments on the claim by a fresno man who said that he purchased long- lost images shot by ansel adams at a garage sale. marion walton of oakland said the pine tree photo was actually taken by her uncle, earle brooks, none ansel adams. she turned it and several other prints which appear to match the disputed ones over to a group of experts. now one of the experts say they

are not the work of the famed photographer. >> my conclusion is they are uncle earl's. they are earl brooks's photo photographs. if it turns out the photos were taken by ansel adams, some think they could be worth as much as $250 million. coming up at 6:00 more on the german tourist shot and killed as she was walking with her husband a block from union square. it was one year ago tomorrow that hasanni campbell disappeared without a trace. what's being done opt case and -- being done on the case and what's being done to find him. that and more coming up at 6:00. see you then. a california landmark could

be changed from a mangierment to a landmark -- from a monument to a landmark. the move would add,000 acres to the area -- 3,000 acres making the national mark 19-in size. >> i know that area well. normally really hot but still has not been that hit this summer. let's go to mark for a slight warmup. some people have been waiting. >> by the weekend, the warmest locations inland could be approaching the upper 80s and possibly the 90-degree mark. right now the maps not too much change. you can see it on live stormtracker2, there is that fog bank hugging is the shoreline, heading into the golden gate and for a good portion of san francisco, that cloud deck will continue to be on increase. you can see the overcast out towards half moon bay. but down in the south bay still

enjoying sunshine. a live view in san jose. we can show you this with mostly clear skies. a bit of haze in the lower 70s. current temperature around 71 degrees. as far as highs and the bay area, the inland spots warmed up by a few degrees. fairfield topped out at 82. livermore, 83. san francisco, 61 and san jose at 77. here's a look at the overall weather story, pretty much the same pattern tomorrow. the extended forecast will feature warmer weather. warmest location inland and the upper -- in the upper 70s to the lower 80s and the 90-degree contour way out of the picture but becould be tracking those os later in the week especially -- those 90s later in the week. here is a look at the overall weather pattern. this will be on the move as we do head. the week. as a result that will be the

source of our warmup for tomorrow. not a big change here. some patchy fog out there right around the bay. clearing skies, eventually partly sunny skies. still tracking the breeze. for the inland spots plenty of sunshine with clearing skies and temperatures on the mild side. for tomorrow morning, definitely bundle up. low to mid-50s out there with some drizzle out there. into the afternoon hours, partly to mostly sunny. more sunshine inland. partly sunny around the bay. still some patchy fog. there's the eventual range of the temperatures. still a bit of a breeze out there. right around the bay, mainly in in the mid- to upper 60s. san jose, 75. morgan hill in the upper 70s and gilroy 78. these temperatures checking in right around -- 3:00 or 4:00 tomorrow afternoon. san francisco is on the cool

side. the temperatures are still pretty chilly out there. mainly in the upper 50s. here is a look ahead to your five-day forecast. not a big change into wednesday. temperatures warming up by thursday, friday, and into saturday. this is not one of those hot offshore patterns where the beaches warm back up in the 70s an 80s. by -- 70s and 80s. it looks like we will be changing things up a little bit. as you look up towards the end of the month does it look like what we would heat up to normal temperatures. i think we'll have more warmer events coming up especially for the coast. we're holding off statistically, and historically that's what we expect. >> thank you, mark. now to a plan to -- to fix the problem on the international space station and what astronomers say this is -- next.

today, many commuters in san francisco are using the temporary france bay terminal for the first time -- transbay terminal for the first time. it will be used for the next seven years while the new tran bay center is being built. one useful thing, the use of bathrooms inside the building on fulsom street. the house of

representatives returns tomorrow for an emergency vote. the border bill will include money for two airborne drones to search for illegal immigrants. experts say the bill could be the first step towards passing comprehensive immigration reform. >> democrats are gonna go to the table and say, listen, you've gotten what you wanted, republicans. this is what we want. we want to see this move forward in 2010. we want to see committee votes. >> the $600 million price tag would be paid for by fees. congress is expected to use what's known as a suspension tactic which would require a two-thirds majority to attack. nasa has a plan to fix the

cooling system. nas says the astronauts will make the second of three space walks on wednesday as they attempt to replace a failed pump. on wednesday, astronauts wheeler and dicen will try to isolate the aknown yaw and -- ammonia and remove the old pump. in the meantime, nasa says the station's systems all remain in good condition. the european space observatory recently released these three-dimensional images of a large supernova disc back in 2007. it could be seen from earth. astronomers say the exploding rings are giving them insight into the death and -- life and death of the stars. a pet pit bull is shot to

death by law enforcement officers and the family is out raged. that story is -- outraged. that story is coming up at 6:00.

tragedy on the streets of

san francisco. a tourist shot and killed right in front of her husband. what happened and who is now being taken into custody. remember this face? he was reported missing by his foster father nearly one year ago. what volunteers plan on doing tomorrow in hasanni campbell's honor. i'm maureen naylor. julie haener is off tonight. >> i'm frank somerville. we begin tonight with anger and outrage in san francisco after a german tourist was shot and killed just a block from union square. the woman was walking with her husband on mason street last night near geary whether she was killed. tonight, five -- when when she was killed. tonight, five are in custody. david stevenson has more. >> reporter: frank, the theater district and union square are