>> reporter: well it is truly rare when pg & e, the utility reform network and the city of san bruno agree on a controversial issue. of the $1.4 billion fine that administrative lawmakers recommend the commissioners approve, almost 1 billion of it will go directly into a general fund to the state of california not for gas system improvement, gas safety improvements or better regulation of gas utilities. the cpuc has been implicated up to its neck in being too cozy with and not a fair minded regulator of pg & e. >> absolutely not. we can't see the benefit to the state general fund when in fact, this money should be put back into pipeline safety into the pipes that are under our feet. >> reporter: if the state spends that money on other things there won't be sufficient funds left to make improvements without once again

tapping pg & e's customers. >> what we would like to see is more of that $1.4 billion to go into fixing the pipeline sos that rate payers don't get left holding the bag -- pipelines, so that rate payers don't get left holding the bag. >> reporter: what we've been told is proportion it and take into consideration the company's investments and actions to promote safety. in other words, is a windfall to the general fund really not better spent on pipeline safety? >> our goal has and will continue to be a safer gas pipeline system for californians so that what happened in our community never happens again. >> reporter: experts i spoke say pg & e is likely to appeal the decision but it only has 30 days to do so or the commission can vote to impose it as it. we'll see what happens. reporting live, tom vacar, ktvu channel 2 news.

more details now about the 2010 san bruno pipeline blast. the september 9th explosion killed eight people injured 66 others and destroyed 38 homes in the crest moore neighborhood. pg & e settled lawsuits with victims for $65 million and agreed to pay another $635 million for a massive pipeline modernization project. and our coverage continues on ktvu.com. you will find more information about the penalties pg & e faces and the steps the company has taken to improve its system of natural gas pipelines. an attack caught on camera and now san jose police are hoping the public can help officers piece together exactly what happened. ktvu's azenith smith is live where a group of people assaulted an older man inside of a public restroom there, azenith. >> reporter: one park visitor described the video as

shocking. he also said beating somebody up is wrong. we blurred out the faces of all parties involved. >> reporter: you can hear the constant wailing from this elderly man. you can see the repeated blows from a father. that father alleging the older man showed his private parts to his son. >> exposing themselves to a minor is a crime. >> reporter: in the video filled with expletives and jabs you can hear a woman pleading for the attacker to stop and to call 911. that eventually happens but not before the father leaves the elderly man bloody and swollen in the face. >> we never ever condone vigilanteism. we want people to call the police. we want them to wait, look at the suspect, keep them in your view. >> reporter: while police have talked to that older man who has limited english skills they now want to find the person seen beating him up. >> i think the idea to confront

him is good. but the idea to assaulting him wasn't the best idea. >> reporter: ktvu showed the video to tran who is a frequent visitor of the park. he says he can see how the assault stemmed from anger and frustration but say it is attacker took it too far. >> i felt it was a lot of miscommunication with the understanding of different cultures. obviously if you heard something like this you would be all up in their face. but i don't think they understood the idea that it's possible that he does not know what's actually going on. >> reporter: and a lot of questions remain as to what exactly happened in the restroom. so they're asking anyone who was at the park to call police. mcdonald was set to attend practice today. however we were in the locker room afterward and didn't see

him. he's accused of attacking his pregnant fiance sunday during a party at his san jose home. the party was attended by several 49ers including vernon davis. davis says he didn't see anything happen. also today san jose police said the investigation is being handed over now to the district attorney's office. >> family violence unit is working closely with him to determine what other investigation needs to be done. the district attorney will be making the determination of what if any charges will be filed. the 49ers still haven't decided if mcdonald will play in the team's season opener this sunday in dallas. sports director mark ibanez joins us now. this is just the latest on series of players to be in trouble. and the team spoke out today. >> exasperation is probably what the team is feeling behind closed doors. but then publicly, well they know they've got to react to this and take the issue on directly. it's really a double edged

sword. it's a sensitive social issue that affects the team's over all public imagine and make no mistake about it really. this is also a football team in the business of winning. and ray mcdonald is a key player on an already troubled defense so that plays into it as well. they have not stated if mcdonald will play on sunday. >> we're gathering as much information from as many different sources as we can. and, who those sources are, i'm not going to go into detail. but we're certainly gathering information. and this matter is being treated seriously by this organization and once again, i can't reiterate enough, domestic violence is not something that will be tolerated within the 49er organization period. >> all right and vernon davis did speak to the media about having attended that party. you will hear from him during

the rest of sports with some giant highlights too. that's the sporting life for right now. julie, ken. >> mark, thank you. and ktvu viewers have been discussing the 49ers latest legal problems on our facebook page. log on and join the conversation on our ktvu facebook page. rescuers are hoping to find a missing swimmer before dark today. at the point rays national seashore. the man disappeared during a holiday outing yesterday. after a group of four people went for a hike along the water. they walked from drake's bay beach 6 miles to lementour beach. when they returned they had to swim across drake's because the tide had come in. >> down to a channel that's maybe only .8 of a mile wide. so it actually picks up speed and it's very difficult because they had to swim across it at that point in time. it's very difficult to fight that and very exhausting. >> reporter: one person made it to shore alone. a surfer rescues the other two. rescue teams say if they don't find that fourth person tonight. the search effort may turn into

a recovery operation. governor brown asked president obama to declare a major disaster for california in the wake of last month's 6.0 napa quake. in a letter to the white house, the governor says the quake created significant damage. we are getting late word tonight of a new water main break in napa. a napa resident sent this video today to ktvu. the city says it's working to repair the break near california boulevard north of downtown. napa has dozens of water pipe failures following the quake but those have been repaired. a city officials tells us as the pipes are repressurized

they're not surprised to see new breaks and it probably won't be the only one. new images are providing a detailed look at ground movement from the quake. a new satellite known as sentinel 1a captured two images one taken before the quake and one just days ago. changes are seen with rainbow colored rims on the chart. the napa valley quake hit about a week before the peak of the region's prime tourist season. the labor day weekend according to businesses we spoke with today, it doesn't appear the quake kept too many people away. the inn vineyard suffered just minor damages. >> we can send our clients to rooms who have all the amenities but absolutely we were open for business and most

of our customers stayed. >> reporter: the tourism organization visit napa valley says hotels are a key factor in judging any weekend's success and that hotels were full this weekend. new at 6:00, bay area seismologists are concerned they won't be able to perform key studies of the san andres fault. the reason, a lack of money. >> reporter: the san andreas fault runs right under pacifica. >> we can all go into the ocean. >> we're interested of course in learning about the entire system. >> reporter: seismologists in the usgs in menlo park and from stanford are studying the fault hoping knowledge can prevent such a catastrophe but they may not be able to complete the work. the project is running out of money. >> unless there's a big step up in the funding we won't be able to do the key experiment. >> reporter: the fault runs from the gulf of mexico to cape

mendecino. they've already drilled two miles deep in order to install instruments directly below the fault's home. but they need more for that key experiment. >> the goal was to get inside of an earthquake and understand how they happen. how do they start? does anything happen before they begin. >> reporter: getting the money doesn't look good. the national science foundation says it's considering other projects. scientists have been trying to convince the foundation to reconsider. seismologists say they can still keep the lab running even without the foundation's money but without it there's much they won't discover. >> we would like to be able to understand the small earthquakes that are happening today. >> reporter: those living in pacifica also hope the research money comes through. >> it's a shame because people aren't going to know if an earthquake is going to happen. people can get hurt. >> reporter: seismologists hope to hear back from the national science foundation by december. in menlo park, rob roth, ktvu

channel 2 news. if your car gets stolen getting it back could cost you hundreds even thousands of dollars. >> and in some cases, it might be worth -- the thieves might be hire than the value of the car. the new idea to change that. cooper thieves cut the lights for high school football. the rush to make repairs in time for kick off. >> after the break we're talking about a cooldown. it cooled off big time today. details coming up. no rush, andy. come on. with the chase mobile app you can get a lot done in a little amount of time from transferring funds wait a minute. you've got to be kidding. did you guys see that? that ball was out. to paying your coach for adding five miles per hour to your serve. that ball wasn't in. get your eyes checked. help me out here. download the best mobile app today. so you can always have

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a middle school teacher from danville pled not guilty to charges of possessing child pornography. mitchell wolf faced a judge this afternoon. he was arrested last monday.

wolf has been a math teacher at diablo middle school for the last five years. he's out of jail own $1 million bond. the chef of caterers has resigned. in it a man believed to be hague is seen kicking and choking a dog. more than 185,000 people signed a petition demanding the company fire heague. no criminal charges have been filed. new at 6:00, more than 5,000 vehicles were stolen in san francisco last year. tonight the cost of getting your car back after thieves steal it is coming under scrutiny. ktvu's david stevenson is life in san francisco. >> reporter: all day and night towed cars come in and out of this storage lot for some victims of car theft it's a race against time to get back

behind the wheel. >> 5,700 vehicles were stolen from san francisco last year. now there are efforts under way to make it cheaper for drivers to recover their cars. >> you can get hit with huge towing fees and storage fees. and it can add up into the hundreds or even thousands of dollars. >> reporter: auto return which contracts with the city towed almost 1,200 recovered towed cars. owners are given 20 minutes to claim their recovered cars from a police officer. and a four hour grace period to get it out of the auto yard before the thieves kick in. >> in some cases, it might be worth the fees might p -- might be higher than the fees of the car. >> reporter: the fees include $150 city administrative fee. that's usually waived for stolen cars. other add on, storage fees ranging from 56 to $65 a day. >> we have to store that vehicle, we have to make sure that you know we do our part to

make sure it's maintained. if no one picks it up we have to auction that car off. >> reporter: the fees may be need to be cut before the city signs a new contract with auto return. >> we should have a reduced towing fee and storage fee for people who's vehicles have been stolen. they should not be treated equally with people who were illegally parking. >> reporter: the company said we will execute whatever policy the city enacts. ktvu channel 2 news. danville police have arrested a man who they say was stealing cooper wiring at san ramon high school. the theft is causing a major headache for the school because the wire came from the lights on the high school field. a freshman game scheduled for thursday night may have to be played earlier in the day if the lightening cannot be fixed on time. an excellent description helped them identify the suspect.

>> they were looking for a specific location on the campus. the visitors bleachers. so with that information, the officers were able to go there, they found the person, they found the cooper wire there. and they found him in the act of stealing it. >> reporter: and police say they found more stolen cooper wire at the suspect's home. significantly cooler today, 15 degrees in some places. winds outside we've had gusts in the delta area 35 miles per hour. we've had sustained winds at 35. there's that gloomy fog. that dropped temperatures today. the fog is back tomorrow big time. so it's going to drop temps another couple of degrees. here's the story the marine layer is stretching out. getting up over the hills it will stay that way throughout the next couple of days and temperatures are going to trend down. it also has a significant i'll -- increase on the reduction of

winds. you can almost roll them. this won't be there. these were today's highs though. you can already see the cooling that took place. further cooling tomorrow by a degree or two is what's anticipated but it'll feel -- tomorrow is going to feel a lot like today. there's the fog along the coast. there's a bunch of it. there's a little break but the satellite is missing. i'm sure this is a solid piece of fog that's going to lift over the hills. because the inversion will push a bit inland. sustained almost 30-miles-an- hour. so the cooling is begun. the winds are really howling. 23-mile an hour winds at mountain view at the small airport there. forecast tomorrow the highs will be about the same. these are the current numbers. the greens and yellows being driven. that's a lot of cool air going

a lodge way inland. the fog forecast for tomorrow morning, i think it'll be more aggressive than that. i think fremont is going to have fog. san mateo you will have fog. not quite as aggressive down here but you will have some fog tomorrow morning then it burns back. and then the forecast highs are a lot like today slightly cooler. so there's your wednesday. 88 in san helena. 83 in fairfield. if you get around fairfield you will get into that cool air. so things are a little bit warmer. 85 in pittsburg good air quality with the pattern. it continues this pattern really right through the week. i mean it's not going to be quite -- i think it's going to warm up a little bit but look what happens here. it's just subtle changes right through the bay area five day forecast. there's the bay area weekend in view julie. looks like the fire danger is going to stay low this whole week which is great. >> you could feel it drop off today. it was really comfortable. lots of people came to the castro for the unveiling of the

rainbow honor walk. people carried rainbow flags along castro street where 20 plaques have been embedded into the sidewalk. each plaque celebrates lgbt people throughout history who have contributed not only to the gay community but the world at large. >> these are the first 20, openly gay, lesbian, bisexual, transgender gay people who stood up. some of them over 100 years ago who stood up and said i'm out and i'm proud. we will hear more from the 49ers on the ray mcdonald situation. mark is up next with sports.

the a's play later tonight. the giants are in progress right now. >> the giants have been doing great as of late. but they have trouble with colorado. they lost a good one last night 10-9. they're having trouble early on here.

an off field double from corey dickerson from puig in the very first-inning. giants haven't been able to muster any offense as of yet. it's still early up there in  colorado anything can happen it's 2-0. ray mcdonald has not been decided upon his fate as to whether he will play sunday with the 49ers as the ongoing domestic abuse situation continues for the 49ers. and one of the players who was at the party saturday night with mcdonald, vernon davis was spoken, spoke with the media today and talked about the situation as he saw it or as much as he did any way. >> you know what unfortunately i didn't see anything, i didn't see anything, i don't know what went on over there. i wish i could put my finger on it. but i don't know. but all i do know is ray is a

good guy. he's awesome. >> it's that time of year again, time for high school football. time for you to get on ktvu and vote on the match up you would like to see us cover. there it is. sierra high delasalle, napa high casa grande. you see the decision, and come thursday night the match up that gets the most votes we will feature. it's hard to believe -- audio difficulties >> fire danger weak which is nice. >> the picture we saw earlier all that fog coming in

definitely looks much cooler. >> even drizzle along the coast and that will slow things down. a little bit of drizzle, a lot of fog. you guys wake up tomorrow morning and there's fog everywhere. that's kind of the deal. >> a reminder the summer is practically over. it just went by like that. >> yeah. tonight at 10:00, a trail of evidence leading to a possible cyber crime at home depot. >> and we're always here for you on ktvu.com, facebook and twitter. thanks for joining us tonight. good night. ♪ ♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing really good around ♪ ♪ turn around ♪ every now and then i get a little bit tired ♪

♪ of living off the taste of the air ♪ ♪ turn around, barry ♪ finally, i have a manly chocolatey snack ♪ ♪ and fiber so my wife won't give me any more flack ♪ ♪ i finally found the right snack ♪ ♪

(gasps) did you see it? does she know? this is the last thing she needs today. no! busy day at the dunphy compound. we have a wedding tonight, and this afternoon, claire is debating duane bailey in the race for town council. (lowered voice) and now the "weekly saver" says that some voters find claire-- quote-- "angry and unlikable." to those voters, i say, "wait till she sees this." no one can mention it to her. we can't have some unscientific poll shaking claire's confidence. phil... what poll? too late. she knows. who told her? what is this, a witch hunt? oh, my god. i have to go. well, i just don't think it's a big deal. i mean, how many people read the "weekly..." "saver"? "saver," anyway?