and this is a live look from sutro tower down to the bay. that is clear again this morning. the big story, the poor air quality record high, dangerous temperatures for one more day and then a 30-degree drop by the weekend. i'll have an update. >> i'm terry mcsweeney live in oakland. two more people shot and killed in this city overnight. even as the city is about to join in on a conference with the f.b.i. and other federal officials to try to stop gang violence. i'll tell you about it in a live report. >> also in the headlines. in about five hours school leaders will know if california gets a share of $3.5 billion cold out in the obama administration's race to the top competition. >> a new school in berkeley. the student college the first muslim university. >> a mechanical problem shut down the vallejo ferry service this morning. all the details coming up. >> it's 5:00 on this tuesday.

welcome back. >> thank you very much. i come back to hot weather though. really hot weather. >> some welcome, huh? >> yeah. so if you plan on working or playing outside, do it early because when the sun comes up, ouch. >> poor air quality for those most susceptible to the ground-based ozone, the young, the elderly, those with respiratory problems. watch out, the santa clara valley and the east bay valleys this afternoon. that's when the buildup of ozone will be the highest. that's also when we'll hit our temperatures that will be most dangerous. mid-90s around the bay shoreline to 106 inland. that's from noon to 8:00 and that is in the shade. remember, it's going to feel 10 to 15 degrees warmer in direct sunlight. mid-90s throughout the bay, upper 90s to 100 the south bay and north bay and well over 100 in the east bay valleys. your complete forecast in just a minute. >> mike, thank you very much.

topping our news this half hour, two fatal shootings in oakland overnight bring the total number of homicides there so far this year to 54. meantime the city's police chief is holding a summit today and tomorrow in hopes of reducing the violence. terry mcsweeney is live at the oakland police department. terry, who are the players gonna be? >> well, it's an anti-gang conference. oakland police, the city officials, of course, but the f.b.i., the department of justice are going to be there as well. chief anthony bass with the federal government for assistance on this. today they're teaming up to go after gangs. you're talking about those two homicides overnight. police are not certain they're gang-related. but the first one happened in a very public place, 13th and broadway about 9:30 last night. there was a fight, someone opened fire. the victim staggered into a news stand and collapsed. he died a couple hours later at the hospital. two hours later at 34th and eddie street, an industrial part

of town near the mcarthur maze, a man was shot and killed. we don't have a whole lot more information on that killing. oakland police in the past have done gang sweeps and other suppression tactics but today is different. it's inspired by what happened down in gilroy or in salinas, rather. police there teamed up with state and federal law enforcement agencies to go after violent street gangs. they reduced the number of killings from 26 in 2008 and 2009 to four so far this year. chief bass says he wants to focus like a laser. one focus is the north side oakland crime organization. responsible they believe for seven deaths so far this year. the bureau of alcohol, tobacco and firearm, the f.b.i., the dea all at the conference. a two-day summit going on at the oakland zoo. the media is not allowed in. just law enforcement and city officials because what they're talking about is sensitive information. but the war looks like a serious

effort to suppress gangs is going on starting today. live in oakland, terry mcsweeney, abc 7 news. >> terry, thanks a lot. the san carlos city council has approved cuts to more than a $3 million budget deficit by outsourcing police services. last night the council unanimously approved the $53 million budget. it approved phasing out the police department and phasing in a contract with the sheriff's office. it would save $1 million the first year and $2 million after that. >> authorities are working to identify a body that washed up on the beach in pacifica. it was baddy decomposed but believed to be that of a man with a full web suit with tanks. the body was found south off shelter grove road. the pacifica police department is currently investigating the death. the san mateo county coroner's office is conducting an autopsy to try to determine the cause of death. >> the san francisco district attorney's office has launched a criminal investigation into missing grant funds.

a community partner of the district first alerted the school board, the san francisco school board to the missing money. the examiner's reporting several school district employees have been pud on paid leave. the school board will only say the missing money does not come from the general fund and is not tied to recent teacher or program cuts. >> the country's first muslim university, the county's first muslim university opens its doors this morning. just 15 students. the four-year liberal arts college is hoping to enroll 2,000 students a decade from now. there was a convocation for the students last night. >> our vision and mission are clear. a struggle already. and we understand it, that there is no free lunch in america. we have to struggle to make our own place at the dinner table. >> the country's first muslim university is offering degrees in islamic law, theology and

arabic languages. the college is open to students of any religion. it's seeking accreditation from the same organization that licenses schools such as u.c. berkeley and saint mary's college. >> california is waiting to find out today whether we'll be a winner in the second round of the obama administration's school reform grant commission. the government will award nearly $3.5 billion this time around. california is one of 19 finalists. the competition's aimed at encouraging new teacher accountability policies and caps on charter schools. several big local school districts have signed on including san francisco. tennessee and delaware were winners in the first round in march. >> there should be little opposition if any to confirming california's nominee for supreme court justice. tomorrow a state board will consider the nomination. the moderate conservative is widely accepted in legal circles, including the state bar. right now she's a justice in

sacramento. her boss also says he supports her nomination by the governor. >> folks have been asking for hotter temperatures all summer long. >> you're gonna get it! we're all gonna get it! >> the only place you'll find comfort at the coast where it will be the upper 70s to near 80. also that 50 degree, about 56 to 58 degrees depending where you are along the coast. that's how cool the water is. 8:00 this morning temperatures much warmer than yesterday by about 5 to 10 degrees. at 8:00 that will be the case still with mid-50s the cool spot up around santa rosa, napa. mid to upper 60s throughout the bay and the east bay valleys. even antioch starting at 75 at 8:00, half moon bay 50. by noon 75 half moon bay. mid to upper 80s through most of the bay, even low 90s from fremont to san jose. mid-90s in the north bay valleys and east bay valleys and by 4:00 you guys are well over 100. upper 90s in the south bay. near the low to mid-90s around

bay, even san francisco and half moon bay relatively comfortable at 76. at&t park, could be a little warm to start. 7:15 first pitch. 74 by the time the game ends with the reds. your forecast, still hot inland tomorrow. start to see some cooling along the coast and limited cooling around the bay. the bay will get their cooling on thursday. it will hit inland on friday. and then look by saturday and sunday from the coast to inland we drop nearly 20 to 30 degrees. good morning, megan. >> good morning. we have important news if you commute on the vallejo ferry. ferry service has been cancelled this morning due to a mechanical problem. this affects the 7 a.m. ferry out of vallejo and then the 8:00 ferry out of san francisco. ferry service will be replaced by transit buses. let's take a look at the south bay commute going outside for a live look in san jose. this is 101 at the 880 overcrossing. no problems making your way northbound coming out of morgan hill and heading up the

peninsula. heading southbound on 101, you will find some road work between 880 and the road. a couple lanes blocked until 6 a.m.. 280 at the 17 overcrossing, look at that, nice and light. no problems in the downtown san jose area right now. eric, kristen. >> megan, thanks a lot. it's 5:09. >> filling your gas tank could leave you extra for a cup of coffee. not starbucks though. >> jerry brown files against the lawyer you may have seen on tv. coming up the allegations against her. >> a new internet scandal emerges. what you need to watch out for stress gone. mind sharp.

because unisom gave you deep restful sleep all night. morning early birds. unisom. good night. good morning.

>> closed captioning brought to you by mancini sleepworld. >> it's 5:12. good morning, everyone. a new school year could mean new parking problems for parents, students and teachers at high schools in los gatos. the city council will ban parking during the school day on neighborhood streets around mountain view high and los gatos high. the ban would affect everyone, even neighbors from 8:00 in the morning until 2:00 in the afternoon. residents say they're tired of people using their neighborhoods as parking lots. >> self-proclaimed taxer ronnie deutsche has been accused of fraud. attorney general jerry brown has filed a $34 million lawsuit accusing deutsche of orchestrating a hartless scheme by swindling consumers looking for help fighting the irs.

deutsche is accused of taking large up-front fees and proving little or no help lowering taxes, providing little or no help. the spokesperson declined to tell abc 7 news that deutsche would have a comment on the lawsuit. >> futures down as wall street follows the lead of overseas markets. u.s. traders are bracing for another disappointing report on the housing market later today. for more financial news here's rob nelson. >> we begin your "moneyscope" report with good news if you're filling up your car. gasoline prices have reached their lowest point in eight months. the average gallon of gas costs $2.71. some of the credit goes to the end of the summer driving season but some analysts say a lack of consumer confidence and high unemployment are also holding down prices. people are simply cutting back on spending and driving less. expecting to hear about a sharp dip in home sales this morning. the national association of realtors is set to release its existing home sales figures for july. the report is expected to show

sales dropping to the lowest level since march of 2009. a high number of foreclosures and persistent unemployment are blamed for the drop. nig has paid $4 billion in bailout funds back to the federal government. this was the finance and insurance giants largest bailout payment so far. the money came from a debt sale. aig still needs to pay back $90 billion more before it can regain its independence from the federal government. that's your "moneyscope" report. >> new reports of an online scam involving i-tunes and pay pal. scammers have apparently found a way to buy thousands of dollars on i-tunes and charge it to pay pal accounts. one victim was reportedly charged $4700. apple and paypal have both told users they're working together right now to solve the problem. >> google is testing a new feature to make its searches even faster. check out this video posted by a blogger. as the search is typed in the

results appear and update below. techcrunch, the video is authentic and always trying to improve searches. no word when this feature will be released for general use. >> trouble with children these days, no patience anymore. everything's gotta be instant. that's just a big ahha. >> came on with the computer age even before they had the computer. they had no patience. >> oh, but we did. >> infinite patience. (laughter) >> lately just thinking, gosh -- we need a little patience top get through this heat. >> hopefully no traffic jams or anything because, oh, it's going to get hot everywhere except the coast. the clear skies from the east bay looking up at the full moon this morning. what a beautiful picture. one we haven't seen a lot this summer, the lack of clouds and the reflection of lights on a

relatively calm bay this morning. let's talk temperatures. we're still in the mid to upper 50s. santa rosa, napa, fairfield. look at half moon bay. 48 degrees. you head to the other side of the mountains and we're in the low to mid-60s along the peninsula into the south bay. 72 fremont, 76 los gatos. and 69 still in antioch. around the monterey bay, we have temperatures in the low to mid-60s. inland, gilroy, 55 and 60 salinas, relatively calm and clear conditions. record heat, it's going to happen again today because today is going to be the hottest day of this forecast. and the hottest day of the year. poor air quality also follows in with that. not as hot tomorrow and below average by friday. we'll talk about real quick descent into temperatures well below average by friday. feel like fall. in fact, that's how cool it's going to get this weekend. all right. let's look at today's spare the air. you can see mainly the north and into the peninsula okay with moderate amounts. as you head into the santa clara

valley in the inland areas and the east bay valleys, that's where the poorest of the air will develop this afternoon. if you can, try to stay inside. heat advisories from noon until 8:00 today. notice the area shaded in orange, the bay shore, our valleys. mid-90s to near 106. that again is in the shade. you can feel 10 to 15 degrees warmer if you stand in direct sunlight. find areas to keep comfortable there, too. how strong this wind is, look at the clouds. they're normally hugging the coast. about a thousand miles out to sea and this strong land breeze will continue or offshore, however you wanna say, today. today probably the last day for most of us. all right. going to be hot in the south bay, report hot possible mid to upper 90s like san jose 90, definitely a record high. saratoga and los gatos 100. on the peninsula low to mid-90s. on the ocean about 20 degrees cooler with mid-70s, upper 70s. even 80s daly city but 90

downtown south san francisco, sausalito. 80 today stinson beach. low to mid-90s throughout the east bay shore with over 100 degrees in the east bay valleys and down around the monterey bay we'll have 75 monterey, 93 santa cruz and 102 in gilroy. it will be mild to warm again tonight with upper 50s along the north bay and the coast with low to mid-60s for the rest of us. accu-weather seven-day forecast, hot inland again tomorrow and then you drop into the low 90s by thursday. by friday temperatures are actually below average with low 80s around inland areas, low 70s around the bay and mid-50s at the coast and even cooler for the weekend. megan? >> good morning. today is spare the air day and commuters are encouraged to take mass transit but we're having problems with the vallejo ferry service. vallejo ferries have been cancelled this morning due to a mechanical problem. this affects the 7:00 ferry leaving vallejo and the 8:00 ferry that leaves san francisco. now, the ferry service will be

replaced by transit buses. some road work to be on the lookout for if you're heading southbound through the sunol grade, a couple lanes are blocked between highway 84 and highway 262. that will be cleared about 8:00. outside a live look at 680 making your way through the walnut creek area. taillights moving southbound. no problems as you make your way into the san ramon valley. the latest traffic updates go to our website at abc7news.com. just click on that traffic link under abc 7 extras. eric, kristen. >> megan, thank you very much. it's 5:19. >> talk about a scary crash. head-on crash caught on video. plus... ♪ >> street performance found a sour note. why they say san francisco is trying to stop the music in some tourist spots. gegegegegegegege

just released video here showing a scary moment last week for the utah highway patrol. a suspected drunk driver driving the wrong way on the interstate slammed right into the officer's cruiser. fortunately neither driver involved in the crash was seriously hurt and the wrong-way driver was arrested. >> the split between tiger woods and his wife is now a done deal. the world's number one golfer and elin with both present when it was made official. they were share the parenting of the two young children but no other details are being disclosed. it's nine months after woods crashed their s.u.v. outside their home in orlando setting

off a chain of events that revealed his extramartial affairs. >> street performance want to practice their trade at union square. police constantly chase them away. police say they're just responding from noise complaints from businesses. the director of san francisco's entertainment commission says she hears from street performance every day but there's nothing she can do. >> they're asking me to help them, protect them from a variety of folks who might chase them off of the street. >> the reason street performance are allowed near fisherman's wharf is because the court commission approved a special program in 2008. >> must reads. our media partner, the san jose mercury news reports california will soon be one of the hottest markets for electric cars like the nissan leaf and chevy volt, but one potential slowdown, a lack of places to charge up. trying to alleviate the problem

by spending $5 million over the next five years to install 5,000 car charges in the nine-county bay area region. >> the contra costa times tells us how to get the most out of a garage sale. you know those alleged ansel adams negatives. >> those charged more than 40 bucks for, okay? >> starts with a plan with what you're willing to part with and how much you want for it. one rule of thumb, an item you haven't used in a year is probably something you won't use again. for pricing, you try and get rid of things you no longer want, not try to start a retirement fund. >> the "wall street journal" reports on the sleep time of you married couples. the paper says couples argue about more than who hogs the covers and what time to turn out the lights. how to handle snoring can be a big one. one woman has a three strikes rule. the first big snort, head shaker, her husband gets a nudge. the second one, a shove or a

kick. third time, guest room. we posted a link to the complete articles, abc7news.com. just look under the must reads tab. >> and how about after that? >> you'll have to read the article to find that out. >> 5:26 now. oakland police chief convenes a gang summit today. the overnight violence that may add a new urgency to street violence. >> the challenge santa cruz county is considering against pg&e's smart meters. >> and a very brave, strong man is undertaking a very big challenge this morning. he's hit the dark ocean waters behind me. i'm theresa garcia live in santa cruz. this swimmer is trying to cross monterey bay 30 miles all in the name of the ocean. we'll explain just ahead. >> here's a look at temperatures across the lower 48. feels like fall from denver, minneapolis, to d.c. as temperatures are in the low to mid-70s there. even 67 in boston. all the heat's coming our way. portland 98 and seattle 83.

no flight delays outside of philly. our flight tracker is always

♪ i'm terry mcsweeney live in oakland. two killings as the city prepares for an anti-gang conference. some ask the question what took so long to have this conference. the story in a live report. >> also the headlines. the santa cruz county board of supervisors may consider taking the first step towards stopping pg&e from installing those meters. >> and also clear and relatively warm start this morning. the forecast with the full moon over the bay. the big story? the record. the poor air quality and the 30 degree drop by the weekend. i'll have an updated forecast. >> a mechanical problem has shut

down the vallejo ferry service. details in a few minutes. >> a santa cruz native begins a marathon swim that could make him only the second person to make an entire crossing of the 25 miles through the monterey bay swimming. we'll have a live report. 5:30 a.m. on this tuesday. i'm eric some mass. >> i'm kristen sze. did he pick a good day to make that swim or what? >> oh, yeah. you want a real summer, you've been complaining about not having one? well, we've got it now. our second day of triple digit heat along with unhealthy air. >> mike, yeah. the social feels good right about now. >> i bet it does, that 50 degree water. probably feels a lot better than this. these are the records from yesterday. we'll be even warmer today. san rafael was 97 yesterday. oakland 95. san francisco at the airport 9 it 2. san jose 95. moffett field 93 and salinas 89, all records. and it will be warmer today so

we will see more records fall. dangerous heat from about noon until 8:00 this afternoon. around the bay shore we'll hit the mid-90s and our valleys we'll be well over 100, possibly 106 and the poor air quality will develop once again in our inland valleys of the east bay and also the santa clara valley. your complete seven-day forecast in a few minutes. >> mike, thanks a lot. the hot, dry weather means higher fire danger. keeping watch for hot spots after this fire burned 70 acres yesterday. investigators say it started along highway 4 just before 5:00. still working to identify the cause. 85 firefighters in the air and on the ground were able to keep the flames away from homes along san marco boulevard. also managed to stop the fire from spreading over willow pass road into the concord area. >> pg&e is asking everyone to reduce the amount of power used during the hottest part of the day today. pg&e is issuing an energy alert between the hours of 11:00 this morning and 6:00 in the evening.

you're being asked to save electricity by turning off your lights, waiting to do the laundry and taking the stairs instead of elevators. those simple actions will free up more power for fans and air conditioners. >> local and federal law enforcement agencies are convening in oakland to open a gang summit. high hopes for the meeting even as oakland deals with two more fatal shootings last night. terry mcsweeney is live at the oakland police department with details. terry? >> those killings overnight may be gang-related. police are not certain. they are still investigating. but we know that oakland police are going to be meeting with a number of federal law enforcement agencies, including the f.b.i. and the department of justice today in an effort to try to figure out what they can do about reducing gang violence in this city. now, those two homicides overnight, the first broadway and 13th. a man shot during some kind of a fight. he goes into the news stand there and collapses. he died at the hospital. that was about 9:30 last night.

the second killing was an industrial part of town, 34th street over by the mcarthur maze. we don't have a lot of information on that other than a man was shot and killed there. now, oakland police today are going to be meeting with the f.b.i., the dea, department of justice, bureau of alcohol, tobacco and firearms to figure out some kind of a counterattack strategy against gangs. using what happened down in salinas. police down there a few years ago got together with state and federal law enforcement agencies, came up with a plan and it is working in a big way down there. but one piece of controversy about the situation here in oakland. u.s. attorney joe rusenello says two years ago he contacted the city of oakland. he contacted mayor ron dellums and he never heard back from the mayor. it wasn't until chief bath contacted him a couple months ago the ball started rolling. the meeting today, a two-day conference starts today at the

oakland zoo. live in oakland, terry mcsweeney, abc 7 news. >> thank you very much. it's 5:34 now. more fallout this morning from the state's budget stalemate. governor schwarzenegger says the state will withhold $3 billion a month in payments to school districts and counties next month instead of october. the move will allow the state to meet debt and pension obligations and keep money in its coffers for fiscal emergencies. california is entering day 55 without a spending plan in place. the budget stalemate also means nearly a thousand state-funded community health clinics are about to run out of money. they got their last medi-cal checks yesterday until the budget is reached. clinics have tapped out $2 billion in emergency state funding. some clinics say they may be forced to close. >> supervisors are hoping to get a legal okay to ban pg&e from installing smart meters in their area. they set to get the opinion of county attorneys on how or even if they can do that. one supervisor tells the san

jose mercury news that he gets calls daily from people worried about smart meters. they allow pg&e to get readings and control the flow of power by remote control but smart meters have generated a lot of complaints from customers about inaxis and people having to pay more. 5:35 now. a santa cruz man is more than san hour into a cold dip in the ocean, one that could last up to 15 hours if he's successful. he's trying to become only the second person ever to swim the entire 25 miles of monterey bay. abc 7's theresa garcia is live near the main beach in santa cruz where the closely monitored and dangerous swim began this morning. theresa? >> absolutely dangerous for so many reasons. there's not only the physical challenge of swimming in ocean waters but between 54 to 58 degrees that can get very choppy. you've got to have the endures. and then you have the sea life. anything from great white sharks to jelly fish. it was those stinging jelly fish that kept him from completing

this first attempted swim last august. today during the predawn hours at 4 a.m. a boat crew arrived at main beach. the 44-year-old and his support crew wrapped up final preparations before getting in kayaks and coming ashore. now living in new jersey, he's on a mission to raise awareness about healthy oceans and promote the 14 natural marine sanctuaries in the u.s. he's following swim rules which means no wet suit, only a thin suit, googles. body lathered with lanolin to protect him from the jelly fish stinks and cold water. he acknowledges it will be a tough swim. >> i never conquer a swim. those types of words aren't in my vocabulary for this. i feel humble, lucky. i surrender to whatever happens out there. that's what's key for me. >> in addition to the support group, rescue swimmers and lifeguards will also be feeding him along the way. a research vessel from noah, the

company and team, they're scouting safe routes to avoid those jellies and skinning nettles. if he accomplishes it, he will be welcomed at monterey and help kick off the film festival and conservation summit. if you'd like to follow his marathon 10 to 14 hour swimming journey, you can do so on twitter. we have a link at abc7news.com on "see it on tv" section. theresa garcia, abc 7 news. >> theresa, he got a tattoo of a jelly fish in response to what happened to him last time. >> take that jelly fish, right? >> that's right. >> remember the jelly fish! >> look out, jelly fish, here i come! that water looks pretty good compared to the temperatures we have. >> 56 to 58 degrees, the temperatures across the coast. we're talking about temperatures much warmer. if you thought yesterday was bad, today even warmer. 2 degrees warmer in san francisco. oakland 3 along with san jose.

concord 4 with santa rosa and fremont will jump 6 degrees. everybody's at least 90 to 103. that 103 a record high possibly in concord. 50 degree temperatures napa and half moon bay. even 75 at antioch. your lunchtime temperatures, look at this. fremont to the south bay, low 90s. east bay valleys, mid-90s. same thing in the north bay valleys. mid to upper 80s san francisco, oakland, san rafael. mid-70s half moon bay, 4:00. near 90 in san francisco with low to mid-90s around the bay. upper 90s the south bay and east bay valleys andth north bay will be over 100. accu-weather seven-day forecast, the cooling hits the coast tomorrow and to a lesser extent the bay. the bay will really feel the cooling on thursday and inlands get it on friday and the weekend forecast as temperatures will be 20 to 30 degrees cooler than today.

good morning, megan. it's a spare the air day but some people not so lucky, are they? >> absolutely. this morning ferry service cancelled for the vallejo ferry. this is due to the mechanical problem. this affects the 7:00 ferry from vallejo and the 8:00 ferry that leaves san francisco. transit buses will be in place to replace the ferry service. solano county, this is a repaving project. interstate 80 has a couple lanes blocked in both directions between sassoon valley road and arabasz parkway. that should be cleared 7 a.m. >> a perfect day for a ferry ride, too. megan, thanks a lot. >> still ahead, the deal that clears a potential roadblock in the bid for the america's cup. >> why somebody took a bell. who need a bell? >> also the search for whomever swiped a 100-year-old fixture from a bay area church and why. >> and a little later on, another impact of the down economy.

navigating today's real estate market is complicated. you've seen the signs. that's why having the right real estate agent is more important than ever. at remax.com, you can find experts in short sales or bank-owned properties or commercial real estate, agents who can help speed up the process,

no matter how intricate. and that's good news, whether you're trying to sell or hoping to buy. because the only sign you really want to see is "sold." nobody sells more real estate than re/max. visit remax.com today. it's been a dream of mine to restore it. and it's my dream for him to finish it. frank has something great to save up for. this is my dad. isn't that cool? and a very understanding girlfriend. i showed him a wells fargo savings account with my savings plan. [ frank ] and what it does is it takes a little bit of my money and puts it towards my goal. i want to get all the original parts and do it right. for my dad. there's a couple months in between parts. so, one at a time. [ male announcer ] wells fargo. with you when it's time to save. ♪

>> closed captioning brought to you by mancini sleepworld. it's 5:42. a san francisco church bell that survived earthquakes and remodelling has fallen victim to thieves. the 600 pound brass bell was stolen in the middle of the night a week ago. the bell is more than a century old and 4 feet high and 4 feet wide at the mouth. parishioners at st. michael's

korean catholic church are puzzled by the crime. >> i'm not quite upset but wondering. wondering why somebody took our bell. who need a bell? >> investigators are in contact with scrap metal dealers who say the bell could bring up to $1,000 if it's melted down. but the bell is so distinctive, it may be tough to sell. >> some environmentalists have backed san francisco's plan to host the next america's cup race and pledging to work with city officials. this comes after san francisco backed away from plans to ask legislators in sacramento to exempt the city from california's environmental laws for the cup bid. san francisco is the only u.s. city in the running to host the sailing race in either 2013 or '14. oracle ceo larry ellison of course won the last cup and they estimate the race would pump more than a billion dollars into the local economy. >> say fresno man faces ace lawsuit from a group

representing ansel adams after he tried to sell prints and posters under the name of the famed nature photographer. rick nosija says he bought the work at a garage sale but the ansel adams rights trust asked a court to block him from using adams' name and trademark. insist his client had authenticators to determine the negatives were in fact adams' work and worth millions of dollars but the suit claims they're the work of another photographer, earl brooks. >> it's 5:44. the most important meal of the day is getting a makeover. the bloomberg business report is straight ahead. >> a judge stops president obama's stem cell project. >> the casualty of the economy. adoption cries sills hits the adoption cries sills hits the bay area

♪ everywhere i go ♪ i'll pass it on, ♪ around...and on...and on... edible arrangements. happiness is always in season. visit, call or go to ediblearrangements.com.

>> 5:47 on this tuesday. look how hot it is across our entire state. well over 100 through the central valley. 111 in yosemite, 110 palm springs. los angeles 98. we'll have mid-80s around san diego, big sur, tahoe and 74 eureka. kristen. >> mike, thanks a lot. it's 5:47. a federal court judge has ordered a stop to federal funding of stem cell research. in yesterday's ruling, a federal judge says he cut the funding to protect human embryos from being killed or injured as prescribed

by federal law. while stem cell research gets state funds, they're afraid scientists will shy from the field due to political uncertainty. >> the difficulty of keeping continuous funding. >> right to life groups are hailing the ruling. last year's order to allow federal funding unlawful for now. the government is reviewing the decision and may appeal. >> animal welfare agencies hope you can help reduce their feline glut. the animal control says it's taking care of 200 cats at its shelter in the mission. they find them living in close quarters at the san francisco spca. the two shelters currently house about 400 of them. >> even minor health issues are getting harder and harder for people to afford. so we do see animals coming in with very treatable ailments.

but the people who are surrendering don't have the money to treat them. >> they've seen say spike in san francisco's feral cat population. >> think you've got a rough commute. check out what's being described as the worst commute in the world. the worst traffic jam in china. an estimated 40,000 cars and trucks have been backed up 50 miles for the past ten days on a main highway out of beijing. stranded drivers are playing cards along the highway to pass the time. vendors of that sprung up have drawn criticism for charging high prices for tea and noodles. the road construction project that caused this mess is expected to last another month. maybe high prices because they have to sit there and smell that air. the smoggy air. >> already smoggy before the traffic jam. now look at that. we've got smog in our area, too,

and also heat. >> absolutely. take a look outside. about as clean as the air's going to get this morning from ballmer peak to diablo. i was doing research and not every city around the bay area has an official reporting station. but of those that do, i found at least 12 that will set record highs today and those are san jose, concord, the monterey bay, salinas, oakland, santa rosa, san francisco, the airport and also downtown, napa, hayward, gilroy, richmond and san rafael. those are all the areas that i'm forecasting a record high for today. let's talk about the spare the air. let's get you caught up. it is tuesday and it is going to be a spare the air day for our santa clara valley once again and the inland areas of the east valley where the air will be poorest this afternoon for those young, old, and respiratory problems. tough to breathe during the afternoon hours. the heat won't help either. from noon until 8:00 the heat advisory from the mid-90s from our bay shoreline to 106 inland.

those areas you see in orange, you want to stay out of the sun and hopefully out of the outdoors during those hours 'cause that's when it will be most taxing on your body. poor air quality. of course going to be our highlight. not quite as hot tomorrow. temperatures below average by friday. this is a quick hit but it's a real dangerous quick hit. and there's a fall flavor to our weekend forecast. talking about 20 to 30 degrees cooler by the weekend. for today let's focus in on the heat. we're still pretty mild up around santa rosa, napa and fairfield. in the mid to upper 50s. low to mid-60s most neighborhoods. fremont, los gatos, 72 and 76. half moon bay 48. monterey, low to mid-60s. gilroy 55, salinas 60. what we're watching, this area of high pressure. look how far it's pushed the clouds after the coast. that's how strong this land breeze, our offshore wind is, that downsloping wind. there's a fire danger but we don't have the fast ones. we have the heat, we have the dryness but don't have that

third component. that's why there's not a red flag warning. if anything breaks out, it's going up in flames quickly. just won't spread a lot because of the lack of wind. concord 103, that's a record. richmond 90, oakland 93, hayward 94. all record highs. 98 san jose, record high. on the peninsula, 93 millbrae, record high. mid-70s along the coast, 90 downtown san francisco, record high. over to the north bay valleys, san rafael, 98, napa 100, and santa rosa 101, all record highs. and santa cruz will be at 93, monterey 75. gilroy 102, record high. here you go, accu-weather seven-day forecast. about 6 to 8 degrees cooler tomorrow. about another 6 to 8 degree drop on thursday. about another 6 to 8 degree drop on friday. another 6 to 8 degree drop on saturday. along the coast 20 degrees cooler and our inland valleys 30 degrees cooler and it will feel like fall this weekend. hi, megan. >> good morning, new crash in

danville to tell you about. northbound 680. a car slammed into the center divide and is now facing the wrong way in the fast lane. ambulances and emergency crews are on the scene there. let's got a little north of this outside at 680 in the walnut creek area. this is a live look near the north main street exit. taillights move southbound. traffic moving nicely through this area. once again that crash is going to be northbound so it won't affect any of your southbound commute traffic. if you're commuting at all through the rio vista area, an important road closure to tell you about. highway 12 will be closed in both directions between highway 160 and i-5 today, tomorrow and thursday from 7 a.m. to 4 p.m.. and this is for road work. detours will be in place. go to abc7news.com for the latest traffic information. eric, kristen? >> megan, thank you so much. it's 5:53. >> the latest home sales numbers are coming out. they have investigators on wall street bracing for a rocky day. >> here's bloomberg reporter jane king with the "moneyscope"

report. >> good morning. watch for more dismal news on the housing market. report coming out after the opening bell expected to show home sales plunged in july as the tax cut is expired. this comes as stocks continue to sell off on concern the u.s. may be heading in fact into a recession. dell and hewlett-packard face off in a bidding war. sources telling dell ready to up its bid for data storage company three-par after its earlier offer was bested by hewlett-packard. both tries to divert away from computers and into the storage and service businesses. meantime remember that apple manager accused of taking kickbacks in exchange for company secrets? he's ordered to give the government access to two bank boxes. the judge handling the case says he won't be released from jail until he signs over money in his foreign account. 3-d taking on a new dimension. a research center in finland to

develop 3-d software and virtual word for mobile devices. bad news for chocolate lovers. lint, the biggest maybe of prices. the tiger woods story that's not about his divorce. we know he's been losing tournaments since his return to the links. sales of his nike clothing line are down and this comes as overall golf apparel sales are improving. i'm jane king with the bloomberg business report. >> the food and drug says it's all but sure that eggs from two iowa farms, just two iowa farms are responsible for the nationwide salmonella outbreak. both farms are operated by jack decosta. his empire has a long, troubled history of health and immigration violations. labeled it a repeat violator. half a billion eggs have been recalled. 1300 cases of salmonella are linked to the bad eggs. a team of investigators is

trying to find out what caused the contamination. the fda says it doesn't expect to issue anymore recalls. >> there may be an explanation what causes chronic fatigue syndrome. the new study in the latest national academy of sciences finds a link and the presence of mouth viruses in some who suffer from the illness. this research could lead to chronic fatigue suffers treated with anti-viral medications similar to once currently used to fight hiv. >> many successful dieters and diets swear by drinking a lot of water. there's research to back them up. a study from virginia tech find people who started meals by drinking 16 ounces of water lost more weight than dieters that didn't. researchers say the reason may be pretty simple. you want to mention this part? water simply makes you feel fuller so you eat less.

>> do we really need a study for that? >> 5:57 now. >> just ahead at 6:00, just hope no taxpayer money went into that study. we're tracking that santa cruz native that's swimming across monterey bay, a feat that's only been done once in recorded history. >> he's in the water. plus it's been a hot topic for more than a year. lead in children's jewelry but michael finney found out apparently all the attention hasn't met much change. >> i'm terry mcsweeney live in oakland. two more homicides in this city overnight even as an anti-gang summit is about to convene today and this summit has all the heavy hiters from washingngngngñ

♪ [ female announcer ] yoplait's real fruit and the goodness of dairy... gives you a little slice of happy. and happess comes in 25 delicious flavors. explore them all. yoplait. it is so good. the yoplait you can't get enough of. now in a four pack.