department. >> reporter: he was prohibited from contacting people and using city funds for personal use. >> this is my honest opinion based on what is there in the public record and this isn't city controller -- city controller shouldn't report about inappropriate use of funds, there have been numerous newspaper articles and press reports. >> reporter: reverend brown said nuru wasn't charged with any violations and bringing up those allegations now isn't nothing more than racial politics. >> his assault on mr. mohammed nuru, an outstanding public servant from the african- american community, will not be tolerated. >> reporter: again mayor lee said that there nuru is imminently qualified and came

highly recommended and he stands by his appointment of mr. nuru to head dpw. live in san francisco, sal castaneda, ktvu channel 2 news. developing news now where dozens of people have been evacuated from a san francisco building. it happened within the past hour at the ross store on market and 4th street. our crews first brought you live pictures on channel 2 news at 5:00. officials tell us a sprinkler in the building burst, sending water out of the vents. firefighters have since shut off the water and we're told store workers and customers evalue ated the building voluntarily. no one was hurt. bart is facing criticism from free speech activists after cutting off cell service in order to prevent a potential protest. eric rasmussen is live in san francisco with the new defense bart is using tonight. eric? >> reporter: frank, bart said the circumstances were different when it decided not to cut off cell phone service during a protest here yesterday.

but like you said, the fcc is still asking questions about that decision to kill cell service last week and bart is offering a new defense. >> outside of bart stations in san francisco, the debate about whether it had the right to cut off underground cell service is far from over. >> do you think bart did the right thing. >> i don't have a problem with turning off -- that's not an extra service. that's not something we're guaranteed. >> i think it's a slippery slope. i think if they don't have anybody telling them when they have the right to do it and when they don't. then they have the opportunity to abuse it. >> reporter: facing an inquiry from the fcc, bart held this news conference. >> we lover the first amendment. >> reporter: chief spokesman lyndon johnson said that four times. >> let me make this clear, bart loves free speech. this agency takes free speech seriously. i love the free speech amendment so much that i'm telling the protestors, here is an opportunity to gain the public's ear. >> reporter: but they have to

happen in areas outside of the turnstiles. he cited a 1969 supreme court ruling that it says allowed limiting public speech when public safety is at sake. but bob franklin admits the debate will go beyond the next board meeting. >> it's brought up a national issue. i think bart is the test case for this and what happens when the first amendment rights to make a phone call collide with public safety. >> reporter: late this afternoon the aclu told me it disagrees with bart's interpretation of the 1969 supreme court ruling which dealt with whether the government could punish free speech by the ku klux klan and not whether they could stop the speech in the first place. >> bart passengers are concerned about safety along their commute. some riders told us today the ordeal made them think twice about buying a ticket and

station agents are calling for an independent investigation to keep everyone, including bart employees, safe. >> they're a little hesitant about hopping on bart today. i came out and saw the security so i knew it was okay. >> the public deserves to be safe and in the absence of good decision making from the inside, someone from the outside needs to come in and say what are you doing? >> authorities say yesterday's demonstration was peaceful and only minor damage was reported and no arrests were made. our coverage continues on ktvu.com. you'll find more video from the protest and information about the controversy over bart's cell phone outage last week, just click on the bart protest tab. the heartbroken family of a 3-year-old boy who was shot to death in oakland gathered together to say goodbye. palm bearers wore pictures as

they carried his small white coffin, held at st. burn ard's church. today his father offered a message for the community. >> take care of your kids. i'm thankful for what you did, what the community did for my son. >> the family pledged to put an end to violence. two men are in custody with connection with this case. 26-year-old lawrence denard was arrested in the east bay city of pittsburgh the day after the shooting. 22-year-old willie torrens is in custody in las vegas. he was set to appear in court there today but a court spokeswoman told us he was in the medical facility at the time. he is now awaiting extradition back to california. a hearing on that matter is set for thursday. a man responsible for shooting that paralyzed a 10- year-old boy will remain in prison. a appeals court upheld the victim of gerald addms.

he was sentenced to 70 years to life behind bars for a number of crimes, including a shooting at a north oakland gas station back in 2008. a stray bullet from that shooting paralyzed 10-year-old christopher rodriguez who was at a music school across the street practicing piano. rodriguez is now confined to a wheelchair. adams' girlfriend was also arrested in connection with the shooting and she was sentenced to five -- five years in prison. and the heir to a pornography was sentenced today in the death of his girlfriend. james was found guilty last month of beating danielle keller and kidnapping their daughter two years ago. he is from the mitchell brother's adult theater business. state officials will not meet the first federal deadline to reduce the inmate population. the corrections department expected to fall 800 short in a december deadline to lower the

prison population by 9200 people. department said it should meet a long-term requirement to reduce the number of inmates by 33,000 by june of 2013. mostly by shifting them to county jails. legalizing same-sex marriage could give california an economic shot in the arm. the state legislative analyst released a review of the repeal of proposition 8. they said the state could see a short-term boost in revenue from couples getting married. backers have not gathered signatures to qualify that measure for the ballot. most of the people affected by excessive chlorine at a water park has been released from the hospital. 20 people complained about the wave pool at raging waters. nine children were among those treated at the hospital. county inspectors say a water filtration system may have killed. the pool will stay closed indefinitely. a new trend for homeowners

trying to save and gain in the long-term. tom vacar is live in antioch with the new benefit homeowners are getting from low interest rates. tom? >> reporter: if you want to save really years off of your mortgage and in the process save piles of money, see if its worth refinancing for a shorter term. many homeowners are happy they can keep paying their current mortgage. but a study released today by freddie mac said one out of three homeowners who refinance are refinancing not for lower payments, but for a short he loan. leonard brieonis is with pacific funding group. >> you can go from a 30 year mortgage to a 20-year mortgage without much of a payment difference but saving you years of interest off of the mortgage. >> reporter: assume you have a 30 year mortgage and paying $1,200 a month. refinancing would not only cut your mortgage time by a third, you'll save $144,000 in

payments, much more on bigger loans. >> you'll save just -- it could be in the case of hundreds of thousands of dollars in interest. >> reporter: but if you have fewer than 20 years left on your mortgage. >> i think you'll spend more in charges upfront and the savings are better off just adding additional payment to your monthly and lowering to pay down the overall loan amount. >> reporter: in other words, extra dollars you pay each month, the quicker you pay it off which ends the loan faster and the only person who has to approve that is you. of course if you are under water in your mortgage, a refinance is not possible. reporting live, consumer editor tom vacar, ktvu channel 2 news. on wall street, stocks bounced up and down before settling in the red. investors were unsatisfactoried with the european debt situation in france and germany. its dow jones dropped 77 points, the nasdaq lost close to 32. a scholarship fund has been

set up for community colleges across the state. sacramento foundation for california community colleges raised close to $68 million over the past three years making it the largest community college endowment in the country. the money will help keep 3400 students in school every year. the bay area is about to get a new apple store. it will open this saturday morning in berkeley's popular 4th street shopping area. it will be the company's 11th bay area outlet. apple also said it plans to open 30 new stores worldwide by the end of next month. we're learning more about a car that skidded off this road and right into this waterway on the peninsula. coming up, who authorities are searching for and who they haven't ruled out. and also governor jerry brown joins the effort to keep lake tahoe blue. promise he made today and the partnership he said will get it done. and i'm back here in 10 minutes. we're talking about a lot of fog out there. you can see it here, boy. it's getting into your neighborhood tonight. i'll let you know which areas

will be the coolest overnight.

a 9-year-old boy was injured in a hit-and-run accident outside of at&t park this month. he is at a hospital now in a pennsylvania tonight. san francisco general hospital said ryan white was doing well enough that he could be flown back to his home state for treatment yesterday. although his condition does remain serious. the man charged with hitting white, 21-year-old andrew vargas, is being held on $465,000 bail. a bay area football player has received a 96 week ban from the sport after an incident that injured another player. it's a story we've been following since mark mcgovern was hurt back on july 25th. he finally came out of a coma

within the past two weeks. the san francisco competition's control committee issued the suspension to patrick power. he is a person of interest in the incident. a car runs off the road into a lagoon in belmont and tonight we're learning what the driver may have been doing moments before that crash. maureen naylor live in belmont with the past problems for this intersection. >> reporter: frank, it all happened here, not far from oracle, while most neighbors were sleeping and you can still see the tire marks where it appears the car went into the lagon and -- lagoon and you can see where it was pulled out. neighbors say this has all happened before. the black volkswagen jetta as discovered floating in a belmont shores waterway this morning. the driver was gone. they are still investigating but a witness said the driver lost control during a street race with another car. >> on this particular corner,

there are people that fail to completely stop. they run right through it. >> reporter: those who live and work in the area say in the last two years alone at least three cars have ended up in the water. although street racing here is rare. >> i've been here about six years, i would say about every two years there is an accident there where a car either gets stopped or goes in. >> reporter: belmont police say illegal street racing is an on going problem with a couple of reports every month. >> it is something we have a zero tolerance for. if we catch you street racing you are more likely to get to jail than just get a citation. >> reporter: which is what happened to a teenager who pleaded no contest to racing his car down el camino three years ago and crashing into another car critically injured an elderly man driving home with his wife and was sentenced to 16 months. belmont isn't alone. it's easy to find videos posted online of illegal bay area street races such as this one. police have identified the

registered owner of the jetta and now trying to determine if that's the same person who escaped and ran. reporting live in belmont, maureen naylor, ktvu channel 2 news. san francisco police say they are on the lookout for a serial bike thief. at least five thefts have been reported in the inner sunset area in just the past month. investors tell us the thief is stealing high-end bicycles locked in storage areas and they believe the same person is responsible. police are following leads but they add the bikes may have been taken out of town already and sold. the gray whale stranded for more than a month beached itself and died this morning. the whale and her calf swam into the river south of crescent city in late june. the calf swam out to sea but the mother remained, drawing crowds of onlookers. they will conduct an autopsy to determine why the whale died. the governor today teamed up with nevada's governor at

this year's lake tahoe summit. the two vowed to update the regional plan which sets development and environmental regulations. governor brown said to do this, everyone will need to compromise. >> we have to have the builders and the environmentalists like the lion and the lamb, lie down together and somehow come up with a game plan that will keep tahoe economically and environmentally sane, sound and sustainable. >> now this comes after nevada lawmakers threatened to pull out of the plan, complaining california has too much power in setting policy. a dirty taste and smell is being links to algae bloom in rook slew near oakley. city is tweaking the water treatment process to try to address the issue but said the water is safe to drink. and the fog is back. it's back in the sun set and

around pacifica and half moon bay and moving back into bad egga bay. you can see the fog in the last hour. see if i can update the image. that's the post recent image. 62 at the oakland airport and fog. that's the marina green there. and you can see by aquatic park, that's the cut out here, fisherman's wharf right in there and you see the fog is making it's way in. and it will be there tomorrow morning when you wake up. these are the current temperatures. more of them -- warm in fairfield and now it's 86 as it cools off. days are getting shorter. not that far from getting to the equinox and daying getting shorter and not as warm during the day. so low clouds return tonight. wednesday it will be warmer inland because we'll see less fog tomorrow morning. the extended forecast, more fog, so cooler. the computer model showing me where the fog will be tonight just after midnight and you see it coming through the petaluma

gap and then you can see fog across toward hayward and that is your morning fog footprint. that is not that significant. and that's why inland temperatures will warm a degree or two. this is the reason the teams along the coast won't warmality all. probably stay the same. high clouds, just filtered sunset making for a pretty sunset tomorrow night. overnight lows in the 50s, nothing is changing here. nothing big, just not a heat wave, just slightly warmer inland. you'll see more red showing up in the central valley tomorrow afternoon. those are 90s. not 100s. a lot of 90s and 80s and the cool bite that is giverring us good air quality and a lower fire danger. the greens and yellows are 60s and 70s. tomorrow morning is the fog. you know that. and then tomorrow afternoon temperatures begin to climb in the inland bay valleys and we'll find the low 90s at best. not hot, just -- well i guess it is hot, but a place like

livermore you expect it's not 90 and it's pleasant when you are used to 85. 81 in milpitas. 90 in gilroy. and steady as she goes. the whole summer is steady as she goes. there is your five-day forecast with the weekend in view. and the lead story today on the newscast, 5:00 or 6:00, it was not fire and that's because of the weather forecast that's continued all summer long. >> looking back, i can't remember any major fire. >> just small ones. >> and no major heat spans. >> a little record run early in the season but nothing really. >> thank you, bill. you've probably heard the saying it's a small world and now a new online experiment hopes to prove it. facebook is joining forces with yahoo to test the theory there are six degrees of separation between any two people on the planet. they plan to recreate the iconic small world experiment, this time using online social networks such as facebook instead of letters. netflix launched a new tool for

parents in the wake of customer fury over a price hike. the just for kids tab recommends family friendly shows streamed to your tv. it does not suggest titles only available on dvd. they announced a price increase of up to 60% last month. a back-to-school blessing. need this giveaway met today for hundreds of children in the east bay.

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just in time for back-to- school, hundreds of children from richmond have all of the supplies they need. about 500 children received a free backpack with pencils, pens, a ruler and scissors and more. organizers say without events such as this many youngsters would have to do without. >> they would be without school supplies. the schools often have difficulties giving them school supplies. >> the richmond activities league organized this mornings giveaway with donations from the pga and the oakland a's. and a tough time these days on and off. >> the injuries are really starting to pile up. sergio romo, one of the best relief pitchers put on the disabled list and carlos beltran also on the disabled list. not to mention nate sher holts

is banged up, sandoval had to leave last night's game with an injury and tonight they needed mota to come in to replace sanchez who suffered a left ankle strain. he gives us the base hit and it scores a run to put atlanta up 1-0 but the giants were being no-hit by randall delgado until cody ross smokes one to left. solo homer in the 7th inning. they had no hits going into the 7th inning. right now that ballgame in the bottom of the 9th with the braves batting and it is all tied up 1-1. while the giants were down in atlanta, a couple of thousand miles away their playing field was being used by none other than the cal bears, going through a light workout session today, taking it easy, the giants hope, on their playing surface. coach from the bears trying to down play the moving around the team is doing as their field in

berkeley is being renovated this year. >> we normally have lines on it and it's 100 yards long and 53 and a third yards wide and that's what you need. but the good thing about this place is it's going to have our fans in it and that's very important. but any field we play on, it's about focusing and doing our business. >> very unusual look for at&t park. and like i say, giants just hoping they don't tear that field up, that's the sporting life for right now. and it could be a couple of conflicts if the giants do make it into the post season overlapping schedules. >> where will they go? candlestick? >> maybe candlestick, maybe stanford. >> somehow i don't think so. >> we'll see. >> mark, thank you. washington's battle over job creation is focused tonight here in the bay area. coming up at 7:00 on tv 36, as congress argued by high unemployment, top bay area lawmakers are meeting to tackle the problem.

see why what is being said there could have a lasting impact in 30 minutes on tv 36. >> and ktvu.com is always on. you can follow us on twitter. thanks, everyone.

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