featuring the emmy award-winning voice remote. streaming services without changing passwords and inps. live sports - with real-time stats and scores. access to the most 4k content. and your movies and shows to go. the best tv experience is the best tv value. xfinity x1. simple. easy. awesome. xfinity. the future of awesome. we begin with breaking news tonight. a big money political campaign about vaping appears to have gone up in smoke. late tonight san francisco-based juul labs which makes vaping products announced it will no longer fund its yes on prop c campaign. the prop is stopping the upcoming ban on vape products. nbc bay area's jean elle is live in san francisco. this is a huge turn around. >> reporter: it is, jessica. and juul has had a lot of

negative press recently with vape-related deaths and lung injuries on the rise and teenage e-cigarette use skyrocketing. juul even brought in a new c.e.o. it has spent millions of dollars trying to get prop c passed here in san francisco, but late tonight a statement from that new c.e.o. says, in part, we must zriechl to work with regulators, policy makers and other stakeholders and earn the trust of the societies in which we operate. as part of that effort juul says it will stop active support of prop c. now, prop c aimed to prevent a ban on e-cigarette sales in san francisco that goes into effect in january, but the campaign presented it as a crackdown on e-cigarette sales that will protect kids. tonight the no on c campaign says it will skeptical of juul's announcement because it says the campaign has been less than truthful. >> we've got a lot of work to do to educate voters. this can't come off the ballot. so if it's true, it's a welcome

sign. hopefully it won't be as contentious a campaign. >> reporter: so prop c will still be on the november ballot. people can still vote for or against it. we can expect those television ads for prop c and those mailers that have been paid for to stop in a few days. the no on c campaign says meone else could step in and fund the effort. election day is more than a month away. the no on c campaign says it will continue to educate voters to work to defeat that ballot measure. reporting live in san francisco, jean elle, nbc bay area news. >> it is a confusing measure, that's for sure. thank you, jean. roaring mad, a violent video has surfaced from that oakland music festival showing a hot dog vendor being attacked by the security guards hired to keep festival goers safe. tonight hispanic food vendsers say they feel threatened bid what we see in the video.

terri mcsweeney joins us live to sort it all out for us. terri. >> reporter: the fight happened just outside parking lot a at the oakland arena. the security guard going after a hispanic man who was selling hot dogs just a few feet aways, a woman, her camera rolling when he was attacked. late saturday night after the rolling loud music festival ends, a hot dog vendor is attacked by a security guard. u can hear the guard telling the man to leave, and he seems to be leaving when the guard steps up the attack. the woman who shot this video tells us she's unsure why the guard got so violent considering the vendor was leaving and not being aggressive. there is also a police officer on the scene. tonight oakland police say at this time we do not have information. we will check with investigation tomorrow morning. the attack has heightened concerns among fellow hispanic vendors. they know what a hustle it is day in, day out to be selling their goods, eking out a living,

dealing with disrespect. this vendor says that's how we make ends meet. at least here i sell candy. that's how i earn money because i have to pay rent, bills, give food to my kids. we're not doing any harm to no one. the insecurity here is getting worse, and the police aren't there, but when they do sometimes it's a bit late. the woman who shot this video says the first thing she noticed the security guard take the tray from the vendor's cart and throwing it at him and tells us she did not see what happened before that. we contacted the security company that hired that guard. it was late in the day and they did not get back to us, and we have not been able to locate that hot dog vendor. live in oakland, terri mcsweeney, nbc bay area news. >> okay, thank you, terri. new at 11:00 tonight, it is shaking in the east bay. geologists reporting a small swarm of small earthquakes in dublin. they happened neera costa boulevard near bowlinger canyon road not too far from the walmart if you know the area. the usgs reports five temblors

in all. two last night, three today. the quakes registering between 2.7 and 2.9. a terrifying scene in the south bay. a man attacked a woman with a hatchet. according to the mercury news at nighting gayle avenue in sunnyvale near apple park. officers say the woman had significant injuries. investigators say this is an attempted homicide investigation now. desperate times call for desperate measures. it may be the best way to describe the latest south bay rental advertisement. get this. a san jose man is subleasing a carport with a car and a food tong for someone to live in. nbc bay area's tom jensen is live in san jose where the man admits to renting the carport. thom, he's not the owner. he's also renting the duplex. >> reporter: that's right, jess. he himself found himself in this crazy rental market where prices are so high, he said his

landlord jacked up his rent $800 a month, and really forced his hand. so he's renting the carport, a van and another space. but the man who heads up code enforcement here at city hall tells us that these are sometimes dangerous housing solutions. the ad on craigslist boasts of low rent. $400 a month for a carport with a station wagon to sleep in. stipulations, no smoking, no pets, no bathroom, and no visitors. not a workable rental solution for this young couple. >> letting people live in carports, this is not very safe. >> reporter: but an example of the reality they face as newlyweds looking for a place to call hom after they're married in december. >> married and being a young couple, thinking we could save up our entire lives. doesn't mean we're going to be able to settle down here. >> reporter: the man who posted the craigslist ad tells nbc bay area the landlord increased his

duplex rent from $1,700 to $2,500 a mow, forcing him to blease the carport, a sleeping space in a van on the property, and a room to make ends meet. >> at the same time, if it's unsafe or unlawful, then maybe he shouldn't be doing it. >> reporter: san jose's code enforcement division manager says it's a serious violation and potentially very expensive for the property owner. >> there's no weatherproofing. there's no heat. there's no sanitary facilities. no running water. so these are all inherently dangerous situations. the potenties cld involve daily fines up to $2,500 per day. >> reporter: and ahead of code enforcement tells us for now the city is letting this carport rental stand because so far nobody has filed a complaint. and until somebody files a complaint, it can't open an investigation or issue any citations. we're live in san jose, thom jensen, nbc bay area news. >> that is a steep fine.

thank you, thom. the search is on for an air conditioning repairman accused of sexually molesting a child in the south bay. he skipped his court hearing two weeks ago and hasn't been seen since. detectives say johnson abused the yuck girl for more than a decade starting when she was just 6. the girl didn't tell anyone, police say, until 2016 when she was hospitalized for a panic attack. well, back in court, the homeless man seen on video attacking a woman as she tried to enter her san francisco condo building will go before a judge tomorrow. this is video or a photo of austin vincent, and we see a video there of him reportedly attacking a woman. the video went viral last month reigniting controversy about a navigati center being built along the embarcadero. he flew into the bay area from kansas city to attend his 50th high school reunion in milpitas. but before he went to the party, police say he set 13 fires. freddy graham is accused of starting fires that burned 128

acres. we're going to show you a photo now of graham. last weekend, all smiles as he attended the reunion as fires burned nearby. his classmates say they're stunned. >> absolutely no indication he was distraught, troubled or hiding anything. none of that. >> graham in court today to answer to those arson charges, but he didn't enter a plea. he did, however, tell investigators his wife had recently died and he was overcome with emotion. police arrested him at san jose international as he was headed home to kansas city. accused of spying for china, you're looking at surveillance video there used to build a case against edward pong. investigators say it shows pong taping bundles of money to the bottom of a drawer in a bay area hotel for another secret service agent to retrieve. the chinese spy working with

pong was actually a double agent working for the u.s. >> the precise information conveyed was cleared and controlled by the united states for passage to the prc. >> pong was arrested at his home in hayward onfriday. the u.s. attorney and the fbi say the case began in march of 2015. let's take you outside, give you a live look at washington tonight where we are facing a storm of controversy. president trump turning his focus to thenymous whistle-blower which triggered an impeachment inquiry. members of congress are working to get the facts of that july call between president trump and the president of ukraine. when trump urged the foreign leader to investigate joe biden and his son purportedly. three committees are issuing subpoenas for documents from the president's attorney rudy giuliani demanding records of his contact with ukrainian officials. >> we've got a lot of questions to get answered about what happened between the president and the president of ukraine. >> i had the president's back

because i think this is a set-up. >> senator lindsey graham and other president trump supporters are attacking the whistle-blower, saying he wasn't a direct witness. he was shot while volunteering abroad. tonight san francisco leaders held a fund-raiser to get brandon lee back to the bay area for medical care lee was shot last month while working as an environmental and human rights activist in the philippines. he remains overseas in critical condition. >> we're trying to raise 200,000 at least because that' unfortunately the cost of doing the med lift, the transport lift. >> lee's friends say they hope the fund-raiser will also raise awareness of the risk activists face while in the philippines. we are back in 60 seconds. ahead, caught on camera. a burglary at a contra costa county business that didn't go as plan and pay to play. a new bill allowing college athletes to cash in on their names and their image. a i'm chief meteorologist jeff ranieri. a cool 56 in concord right now.

i'll show you how low it goes tomorrow morning. plus a look at where some fall foliage is beginning to show its colors. that's coming up in about 8 minutes. from the couldn't be prouders to the wait did we just win-ners. everyone uses their phone differently. that's why xfinity mobile let's you design your own data. now you can share it between lines. mix with unlimited, and switch it up at anytime so you only pay for what you need. it's a different kind of wireless network designed to save you money. save up to $400 a year on your wireless bill. plus get $250 back when you buy a new samsung note. click, call or visit a store today.

okay. check it out. watch him closely because he apparently doesn't have any spidy sensors. police are looking for this guy who scaled a building, broke into the roof, plop, fell down. his president-elect obama sidewa plop sideways, a bruised and bloodied burglar. >> he just broke the glassnd then he climbed up on the door. and at that point he was looking like a spiderman to me. >> reporter: but this burglary suspect spidey sense wasn't the only thing tingling as he

dropped into a pittsburg liquor store through a busted window. >> he was crawling on the floor. maybe his leg got hurt and he was not able to stand up on his feet. >> reporter: the crook finally made it to the register grabbing some cash before realizing there was no easy exit. the only way out was the way he got in. the owner says the store was covered in shattered glass and blood. >> just to get some money out of the store, he was badly hurt. all the blood out of his body on the floor. >> reporter: tonight police are looking for the badly injured burglar. and customers are shaking their heads at the botched break-in. >> no, not superman. he can't be doing that. can't do that. he learned his lesson, he should. he's hurt. he might have some broken bones or something. >> committing crimes and breaking into people's stuff and hurting their selves, and taking from other people, it's not what's up. >> reporter: the owners say they've been targeted before, but the daring stunts caught on camera a definite first.

>> when he was doing that, i was feeling like he's just like on the monkey bars, you know, kind of stuff. >> reporter: jodi hernandez, nbc bay area news. >> well, he was caught hacking into coworkers' most personal images. the former yahoo! software engineer pled guilty in a san jose courtroom today. reyes ruiz admit today accessing thousands of yahoo! users personal accounts looking for sexual images and videos. the sentencing hearing is scheduled for february. he could fates ce up to halftim years in prison. >> the boulders may be gone, but the san francisco public works department moved big rocks. neighbors put them there to keep homeless from camping and using drugs on their street. when they rolled the boulders into the street to protest, that forced the city to get involved. >> the boulders, could be some kind of landscaping. it could be something different. we're going to work with the neighbors on something that they want. >> city leaders say they have learned a lot from the

controversy. it became such a flash point that the people who live in the neighborhood say they are getting death threats. well, surveillance video captured a man in concord who tried very hard -- watch him -- to steal a coin machine. backs up the shock at a car wash on clayton road. they posted it a few hours ago. they sped it up so you can see the action. he attaches the chain to the truck bed, a coin machine below the camera, then he tries to dislodge it with his truck several times. doesn't work. police say someone reported the truck stolen a few hours before. it's a black 2000 toyota tacoma. if you see the truck or the guy, call concord police. a major change today to college athletics in california. the state now the first in the nation to allow athletes to make money from their own name or likeness. governor newsome signed the bill during a meeting with several star athletes. the new law doesn't take effect until 2023. governor newsome who played baseball at santa clara says he wants student athletes to share

in the millions of dollars that they generate for schools. >> i have deep reverence, deep respect for the nc 2 a and college athletics. i just think the system has been perverted. >> ncaa respond ed to the new law saying it agrees the change is needed but says it needs to happen at the national level through the ncaa's rule-making process. well, putting an end to youth violence, that's the goal of a town hall meeting in san francisco tonight. san francisco police met with kids from across the city in the church of portola valley. talking about how police should deal with youth violence in san francisco. one of the main topics, mental health awareness. also about how police handle kids who may have committed a crime, but are going through a health crisis. >> we want "the voice"s to be heard in terms of our policy making, in terms much our training and other things that we know we need to change. >> one of the suggestions

brought up by some of the kids, an after hours hot line for youth in crisis. despite the giants' disappointment season and retirement of bruce boce, they remain excited about the future, not just on the field, but actually in a field. the giants releasing these renderings of a waterfront park at mccovey cove and tide pool that can hold a thousand people. part of the team's 28 acre mission rock project. construction expected to begin this winter. >> that's beautiful. >> yes. maybe by the spring or summer it will be ready to go. we'll have some nice weather again because it's getting chilly to be outside. >> i know. i went outside on my lunch break. >> needed a coat. >> yeah, you're just starting to feel it. that means tomorrow morning those temperatures are going to start off downright cold at least compared to where we have been lately. so let's bring you to that microclimate forecast. and on monday, i usually like to start us off and set us up with where we're going to be going as we head throughout this week just so you can be thinking

about it. i am looking at two different upward level disturbances. and the best thing about this is they're both going to keep hot 100s away. now, i don't have any big rainfall chances with this, but i did think it was certainly note worthy here to let you know the rain season does officially start tomorrow. that's when our weather calendar for rainfall begins at zero then we'll begin to tally it up from there. october usually is when we see rainfall pick up. in concourd, for example, we average 187 for the month. i see showers by october the 10th to 15th moving into northern california. nothing big for the bay area just yet, but we will of course keep a close eye on it. i want you to stay closely fixed on this morning temperatures, though. i do not want you caught off guard. look how chilly it's going to be in the tri-valley. 48 for the average, peninsula 51 and south bay at 49. notice those mostly clear skies. also 48 here for the north bay. upper 40s in san francisco. and the east bay as well.

so have that jacket ready and you'll be ready to go as you head off on that commute and get those kids off to school as well. temperatures tomorrow, they're going to warm up a little bit here. but overall i think a beautiful fall day coming on in. 72 in san jose. 71 los gatos, 74 in gilroy. right over to the east bay closer to the water, 69 here in oath. and back to livermore not that bad. 74 degrees. heading to the beaches, 62, chilly in half moon bay. redwood city 72. san francisco, it's jacket for the morning. jacket for the afternoon. we're in the 60s here from the embarcadero down to the ingles side. and through santa rosa, sonoma and napa, low to maid 70s with sunshine. there is warming moving in, but as i mention no 100s in the forecast. this means in san francisco we're focusing in on that warming for saturday and sunday. mid 70s will return and we'll

start to drop back off once we hit next monday. for inland valleys i have you at 76 tomorrow. notice the weekend up to 87 saturday and 88 on sunday. so, yes, hotter, but i still think we can handle this just fine. really, though, these morning-time temperatures, comfortable weather might have you thinking about fall. and i wanted to give you a look at the fall foliage and where things are beginning to turn. notice yosemite, we have some patchy to near peak colors beginning on those leaves. so if you're planning a road trip, that's where you want to head. otherwise most of california is just starting to begin to change. i don't know about you, jess. this weather has got me all wrapped up into fall. i did the pumpkin spice latte as i mentioned earlier. >> ooh, yummy. i started to have pumpkin coffee in the morning. i'm ready. >> yes, me, too. >> time to get some pumpkin. thank you, jeff. >> sure. >> coming up, a new alert about a popular heart medication will no longer be sold at some big

drug chains. and we have jimmy. >> hey, guys, reubeny rouby ros. it's a great show. stay tuned. >> happening now, the nation coming together to help a beloved bay area woman. a gofundme account has been set up for betty reid, the nation's oldest park ranger. she volunteered for years at the rosy the riveter in rich mopped. she suffered a stroke and requires inhome care. so far the account has raised $25,000. we're back in a moment with more. the juul record. they took $12.8 billion from big tobacco. juul marketed mango, mint, and menthol flavors, addicting kids to nicotine.

five million kids now using e-cigarettes. the fda said juul ignored the law with misleading health claims. now juul is pushing prop c, to overturn san francisco's e-cigarette protections. say no to juul, no to big tobacco, no to prop c. hey, shaq. it's a 30 second tour. no man it's like... now it's 26. welcome aboard. ocean! skyride. mini golf. relax! relax! relax! you take this man to be your husband? i do. married. no time for basketball. pool. carnival. choose fun.

major drugstores are pulling zantac from their stores. cvs rite aid and walgreens are suspending the popular version of the heartburn drug out of an abundance of caution. cvs is one of them. earlier the fda announced the pill contained a small substance that could potentially cause

cancer. however, we should be clear za has bee recalled, and the fda has not recommended that patients stop taking the drug. maybe not so forever. retail giant forever 21 apparently has filed for bankruptcy. the company makes what called fast fashion cheap trendy clothing for mostly younger crowd. forever 21 filed for chapter 11 bankruptcy saying it couldn't keep up with online retailers who can respond more quickly to changing trends. it will close 350 stores around the world including almost 200 in the u.s. and restructure its remaining businesses. no more trolls sliding into your dms. that's twitter's goal. social media company announcing it is rolling out a new feature that filters out offensive messages. if someone sends you a direct message that contains questionable language it will be tucked into a folder called additional messages. you'll have to specifically open that folder to see that language. twitter says the feature will also be used to help filter out some spam. well, the warriors reported

to duty today at the new home. why sph curry is excited for the team's new look. but still expect some old results. sports is coming up next.

new arena, new team, new

vibe. the warriors held media day at their new billion dollar home, chase center in san francisco. players had a chance to get reacquainted with the media, with each other, and they won't have to wait long to hit the court. the dubs host the first game this saturday where they welcome lebron and the lakers. the departure of kevin durant and andre iguodala and livingston, warriors say they'll be ringing in a new era of basketball. >> to sustain this type of level of play and this greatness, it doesn't happen that often. and when we need to retool, it may look different, but the great teams, great players figure it out as they go. >> now, the first regular season game at chase center is october 24th against the l.a. clippers. 49ers getting back to work after coming off an early season by week. playing primetime monday night against cleveland browns. tonight's game featured bengals

and steelers. pittsburgh wins 27-3. linebacker von tez burr fekt su spended the rest of the season for the helmet hit against the colts. the suspension, the longest punishment handed down in the nfl history. the star expected to appeal it. we're back with more in a moment. ♪ hey. hey. you must be steven's phone. now you can take control of your home wifi and get a notification the instant someone new joins your network... only with xfinity xfi. download the xfi app today.

finally tonight, a record-breaking weekend for an american sprinter. allison felix from the mixed gender 4 by 400 relay, surpassing running legend usain bolt for the most medals in world history. extra special, it's her first as a mom. felix gave birth to a baby girl last november. wow. >> my gosh. >> congratulations. all right. let's take you outside there. jeff, how does it look? chilly. >> yes, chilly, chilly. and no fog in sight. so that means temperatures are going to drop as we move through tomorrow morning. look at inland valley forecast here, we're in the upper 40s for much of the bay area. afternoon temperatures not that

bad. 76 degrees. eventually this weekend we go back up into the upper 80s. i think there's no chance of 100s right now, so that is the good news. san francisco 66 for the high tomorrow. and then you've got some mid 70s this weekend. what about the sierra, right? >> snow. >> popular. >> crazy. >> we had snow this weekend. anywhere from 2 to about 4 inches on average. no snow chances coming our way, but you've got some chilly temperatures at least through about thursday. and then this weekend some 60s, moving on in. >> it's about time. >> i know. it's october tomorrow. >> exactly, exactly. all right. that's going to do it for us. we'll see you tomorrow. bye-bye. [ cheers and applause ♪ >> steve: from 30 rockefeller plaza here in new york city, it's "the tonight show starring jimmy fallon." and now, here he is,