right now, this is the 10:00 news. >> proposition tonight, a new call for same-sex marriages to immediately resume. good evening, everyone. i'm frank summerville. the legal fight isn't settled, but late today, the govern weighed in saying same-sex marriages should resume right away. more with this development, john? >> reporter: frank, this is set

to erupt in joy if it's lifted, but already the optimism is palpable here. the friday night party is on, but for one man, life 1 on hold. >> my partner is in afghanistan. he's been there for 15 months. >> reporter: his partner is a marine on the front lines. we watched as he received a text message from him. >> every day, his life is on the line for everybody that is against us. every day, he's out there protecting all of says we're ba and shouldn't have this. >> reporter: now he and his partner have powerful allies. both governor schwarzenegger and attorney general thinks the ban should be lifted.

>> it does violate the 14th amendment, and since that then says it was a depravation of rights if people weren't allowed to marry, we say no stay. >> reporter: the judge is expected to rule in the next week or so. >> i think everybody is well aware, including the judge that people's constitutional rights need to be protected as quickly as possible. >> reporter: that would mean weddings like these would be joined by same-sex nuptials. >> we're ready. we've done training down stairs in the recorder assessors office. we've worked through the protocols here. we have a lot of experience. >> reporter: this man looks forward to marrying his partner. what's it going to be like? >> wonderful. amazing. i love my man. it's a beautiful thing. >> reporter: if the stay is lifted, the issue could be appealed to the 9th circuit court of appeals which could reinstate a stay until it hears

the case. live in san francisco, "ktvu channel 2 news." >> supporters say they want the stay to stay in effect while the higher courts rule. they argue resuming the same- sex marriages could promote chaos. we posted the governor's brief on same-sex marriages on our website, www.ktvu.com. you can read it for yourself under the gay marriage tab. a stunning announcement today from hewlett packard. they say their ceo is stepping down following a sexual harassment claim. was a painful decision but did not live up to the standards of hp, and hp agrees. hp's stock has doubled in his five years, but after today, the shares fell 10%. he had an inappropriate relationship with a contractor and submitted inaccurate

expense reports. they are not searching for a replacing. those searching for signs the job market is recovering will have to wait another month. the nation's unemployment rate in july remained at 9.5%. private employers added 71,000 jobs, but economists say it takes 200,000 jobs to keep up with the work force. they kept up with the numbers in stride while touring a factory in washington, d.c. >> there's some good friends out there, that's the good news. but for the workers, families, and small businesses, progress needs to come faster. >> the president is pushing congress to pass a small business bill which would authorize a $30 billion lending fund for banks to add and offer tax breaks. the jobs numbers triggered a triple digit selloff, but the markets mostly reboppedded by the close and the dow ended

down 21 points, nasdaq was down 4.5. would be of the most frequently used transit hubs is set to close its doors forever. and the time may have run out for the homeless to sleep there. live now with more. >> reporter: well, heather, this terminal opened the same year world war ii began back in 1939. and for some natives, it truly is the end of an era. the final evening commute at the terminal. it has been homes to generations of bay area commuters, and for some, it is a piece of history. >> i want to pay my last respects to this place. >> if you don't take care of your history, there's no sense in keeping it around. this building is run down. it hasn't been cared for in years. >> reporter: still in place,

the wooden benches, shoe shine stand, rafters that never seem to end, tonight they are images captured by folks strolling the terminal one last time. >> when i first came here in america, this is the first place i known. i ride the bus and this is a terminal. now i'm driving bus here. it's historical to me. >> reporter: it's been shelter for dozens of homeless, and today it was time for them to go. one took in one last view, another took time for one last shave. >> some felt i'm losing this place i've dug into for many years and carved out a level of existence that seemed okay. >> reporter: homeless outreach teams said close to 50 people agreed to get help. >> housing, detox, residential treatment, real things to offer on the spot. >> reporter: work crews spent

the afternoon inside packing up what was left, and tonight, 1969 bus came to say good-bye to the 71 year old transit hub about to take its last breath. >> i think it's a bit of a loss. it has a lot of character and history. >> reporter: the nearby temporary terminal will be fully operational starting tomorrow morning. the new transit center set to be built right here to open in the year 2017. reporting live in san francisco, "ktvu channel 2 news." at least 21 people suffered minor injuries today when an amtrak train partially derailed during an accident. it was headed to bakersfield when it collided with a big rig at a crossing after 4 this afternoon. 20 passengers and one crew member was injured.

the signals and crossing arms were working properly at the time. a company is recalling 1 million pounds of ground beef after 7 people recordedly got sick from e. coli contamination. it was sold under safeway and other labels here in california as well as in texas, oregon, arizona, and internationally. it was processed between october 2, 2009, and january 12 of this year. some shoppers told ktvu today that fears of e. coli have them taking precautions. >> wash everything you buy at the stores as far as food and produce, you should always wash even though they tell you it's been washed. >> the company is investigating the matter and plans to further evaluate its safety standards. for more including the list of all the products effected, be sure to visit our website, www.ktvu.com and click on the bay area news tab. under an emergency

proclamation tonight as crews scramble to contain an infestation of a fruit fly. robert? >> reporter: frank, there has been quite a bit of frantic activity today and much more to come to try to make sure the infestation doesn't spread. the santa clare department of agriculture is putting out more protection after two fruit flies were found yesterday. >> 8 flies triggers a quarantine. we have no quarantine in effect, that's what we are trying to keep from occurring. because that puts restrictions on the agricultural producers. >> reporter: starting monday, workers will be putting insecticide bait throughout an 11.5 square mile area surrounding interstate 880 and highway 287. the program will target the

female oriental fruit fly to disrupt breeding cycles. >> one female can lay up to 1,000 eggs in her lifetime. the host range is 230 different types of fruits vegetables. >> the insect is a hitchhiker living in produce inadvertently or deliberately brought here from overseas. they are asking for help saying the local economy can't afford a quarantine. >> about 15,000 people employed in agriculture in this county. if they get shut down, they are out of work. if the fruit can't be packed up and shipped out, people lose money. >> reporter: tonight county officials report no new flies were found. the effort starts monday and officials say the insecticide bait will be applied high enough on trees and poles, should be no danger to humans

or animals. live, "ktvu channel 2 news." he held the city's computers hostage. the city's former network engineer was sentenced. we'll have late reaction. . govern schwarzenegger on not being a lame duck this last year as he offers optimism about the you want some fiber one honey clusters?

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smoky fire this afternoon was visible for miles, one alarmed fire broke out about 3 this afternoon behind the apartments in the 1800 block of clarke avenue. it burned a deck and also part of a fence. firefighters managed to make quick work of the fire before it spread to other buildings. a former san francisco network engineer who logged down the city from its own computer system will do time in prison and could be forced to pay restitution. more on today's sentencing, amber? >> reporter: this afternoon, the judge said his crime is that he thought by pouring his blood, sweat, and tears into building the sit's network meant he owned them. the judge sentenced him to 4 years in state prison.

the 45 year old appeared stow wick. the judge turned down the defense attorneys request for probation and sentenced him to four years, one year less than the maximum. >> he was trying to protect the city's network, and the city, you know, they had to cover themselves and they are using him as a scapegoat for poor management. it's a shame. >> reporter: he was convicted of felony computer tampering for withholding pass words for the city's main computer network in 2008. the city was locked out for 12 days. >> he committed a crime that could have had the potential to turn the city upside down. >> reporter: he has been in custody since his arrest in july 2008. while behind bars, he gave the computer networks pass codes. the mayor said justice has been served since his actions could

have disrupted a wide range of city services including pay roll and emergency communication. >> i hope he's learned his listen. he's going to get out soon and i hope he recognizes what he did was wrong. >> reporter: at most, he'll serve 6 more months and be a free man because he'll get credit for time already served. >> happy to get it on to the next stage of the case. i feel horrible for him. he's an honest and good person. it's a shame he's been in custody for two years. >> a hearing to determine how much he pays in restitution to the city is scheduled for next friday. he could be ordered to repay $1.5 million for what the city spent in trying to fix the problem. reporting live in san francisco, amber lee, "ktvu channel 2 news." police are investigating possible atm fraud at a chase bank. surveillance video recorded on july 24 showed a man tampering

with an atm at a bank. since then, bank employees have identified suspicious withdrawals from the same machine. police say other banks may have been targeted in the same way and are asking customers to be aware of suspicious withdrawals from their accounts. oakland police arrested two men that broke into a building and stole marijuana from an illegal marijuana operation. officers spotted the men running from the building and a police dog chased down one of them. the second was arrested a short time later. they ended up seizing about 600 marijuana plants. governor schwarzenegger said today despite appearances to the contrary, he expects the state budget will be ready within weeks. with the sign of his office nearing an end, he also reflected on what being govern meant to him. >> reporter: the state's budget

is now almost two months overdue, and democrats and republicans still seem football fields apart. today governor schwarzenegger urged the two sides to meet at the 50-yardline. >> i'm willing to compromise, instead of my way or the highway -- >> reporter: he was speaking at a business round table at the 49ers head quarters. >> i want to make us live within our means. they want to continue raising taxes. >> reporter: he said he hopes the sign of budget agreement is within weeks. >> i have a feeling that both parties want to get this done as quickly as possible. >> reporter: though the governor was optimistic today, he seemed very much aware that he'll leave office soon with many of the problems he was elected to fix still unsolved. >> i was two choices as governor, especially since this is my last year, instead of going and making everyone happy and going along with them or

going to wage this battle. normally the way you go as an outgoing governor is agree with the legislatures and bow out and everyone loves me and let's push this problem on to the next govern. >> reporter: but he said he wouldn't go out like a puss-y cat. a democrat warned the governor may have to fight until the end. >> the gap is very, very wide. >> i have had the greatest time being governor. yes, it was difficult. it was the most difficult thing i've done, but it was rewarding, it is satisfying to give some time back. >> reporter: even though the election takes place in november, he will serve until january. political editor, randy shandoval "ktvu channel 2 news." first debate between the

opponents is scheduled to be held here in the bay area on september 1 at st. mary's college. ktvu political editor randy will be the monitor, and you'll be able to watch it live right here on ktvu. the fog is returning to your neighborhood. right now it's over the east bay and making its way north and south towards san jose. same weather pattern through the weekend. see what the computer model does with fog. this is the fog footprint, looks similar, most of the counties will have fog in the early-morning hours. i suspect you'll see more sunshine tomorrow morning. the forecast as you move on tomorrow morning, if you have business outside, cloudy at the coast, pretty much all day. cloudy until about noon here around san francisco bay proper

and inland you'll see sunshine around 10:00, complete forecast back here. research in motion, maker of the blackberry is reportedly working with ad ya arabia users. the report comes on the same day they turned off the blackberry service in the country. the government ordered them to do it because of data security issues. research in motion executives are working on two options, including on putting some servers there so data could be monitored. he was stabbed to death last weekend. up next, police are hitting the streets tonight looking for leads. >> this is just so wrong on so many levels. business owners bristle

san francisco police investigators were looking for clues in a deadly stabbing. police posted fliers. he worked at a company that operates apartment complexes. he was found with several stab wounds in his neighborhood apartment last weekend. police say they hope someone can provide a clue that will lead to his killing. investigators today said two of the three people who died wednesday were from the south bay. the crash happened 35 miles from boulder in northern colorado. the plain was heading to san jose airport. the pilot, a 70 year old, and his passenger, a 56 year old

were from sunnyvale, the other was from washington. the cause is still under investigation. the remains of a world war ii hero are coming home to the bay area this weekend, 66 years after he was shot down over germany. he was killed while on a bombing run, targeting berlin. he was one of ten crew members. his brother said their sister tracked down his remains at the crash site. >> she actually found the field that he crashed in and even came back with a piece of his uniform. which is unbelievable to me. she also brought back his dog tag. he will be laid to rest next to his father. kagan is scheduled to take the oath tomorrow to become the newest justice of the u.s.

supreme court. kagan spoke about the enormous job and the responsibilities ahead. >> today, mr. president, i will say to you and others across the nation, that i will work my hardest and try my best to fulfill these commitments and serve this country that i love as well as i am able. >> chief justice john roberts will administer the oath, but kagan won't be formerly installed until the court's new term begins. president obama is deciding whether to renominate two bay area nominees after their confirmation votes were blocked in the senate. law professor for the 9th circuit court of appeals, and federal magistrate for the u.s. district court in san francisco. each won approval, but their nominations did not make it to the senate floor. a white house official says the

president is expected it renominate them both once congress returns from its summer recess. advocates for the west wild horses asked the federal appeals to block what is expected to be the largest round up of the year. the bureau of land management plans to capture some 2,000 mustangs north of reno. dozens of members of congress have added their voices to the appeal to stop the roundup, but they say it needs to thin overpopulated herds that damage land. marijuana is a hot-button issue. we'll take you to a first of its kind convention to all things pot.

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saturday in mountain view, going to be mild out there, clearing as the day goes on, we start off at 54 degrees. cloudy in mountain view, 65 degrees at lunchtime, that's not very warm. at 3:00, that's maximum heating, just 71 degrees. that's the saturday forecast for mountain view. thousands of san francisco businesses are receiving letters from the city demanding money for fees they didn't know they owed. one antique owner said the city wants over $1,000. paul chambers explains what the sudden assessment is about. >> reporter: antique shops are the first to feel these fees. the city hasn't tried to collect the money until now. >> this is just so wrong on so many levels. >> reporter: she says last week

san francisco police department sent this letter to her antique shop informing the owners they owed almost $1400 in fees they must pay. >> we are barely month to month making our rent. $1400 is coming out of my pocket. >> reporter: the fees include a one-time permit of $943. service fees of more than $300. this is money the city should have collected when the shop first opened. >> it's something that's always been done, but we are trying 20 update our records. >> reporter: last month, the police department started working its way down a list of businesses to make sure they are operating legally. >> we'll contact the business and if they don't have the proper documentation, we'll go ahead and send a letter saying they have 10 business days to contact our office. >> reporter: once the owners contact police, they can work on a payment schedule or they could be cited. police say that's not what they want to do. they are just enforcing the

law. >> if it was a couple hundred dollars, we would have paid it. >> reporter: it appears businesses didn't contact the police when they first opened. it appears agencies are doing all they can to collect every time. "ktvu channel 2 news." a mistake at the san francisco assessors office has thousands of san francisco home owners receiving conflicting notices about the assessed value of their home. the assessor recorder's office says some home owners received multiple letters with different assessed values. it affects over 900,000 homes. we are told the lower amount applied. citizen crime fighters from across the united states and world are in san francisco tonight for the guardian angels convention. about 200 members are attending the event. the group points to recent police cuts in cities as a

reason why they are increasing their street patrols. >> it's going to be incumbent upon us to get them qualified, trained, and out there in their streets filling the void the police leave behind because they have been furloughed and laid off. >> they plan to be a presence in several bay area cities. a convention of a different kind is underway this weekend in san jose. they are attracting thousands interested in medical marijuana, and the november ballot about making marijuana legal. >> they are part trade show, part chemical movement. medical marijuana samples are here for viewing and discussing, not smoking. anyone with $69 can seek a medical recommendation from a doctor. some medical marijuana users

say pot eases their pain. >> really, really helps me. it's better than taking a handful of pills. >> reporter: they have been already been to los angeles. this is the first time it's come to northern california. many folks say they came to be better educated on the staid- wide measure to legalize marijuana. >> i think it's great for public awareness of the development with the different law changes. >> 3.5, 3.6-grams of medicine, $55. >> reporter: they come as a new cannabis club held their grand opening today that offers free home delivery. san jose now has about 60 medical cannabis dispensaries, and voters will decide in november whether to tax the companies. they have concerns about how best to regulate the club. >> i think we need to be much more cautious and judicious. these clubs are affecting the quality of life in our

neighborhoods and our families, and we have to take that into deep consideration. >> reporter: they run until sunday evening. next stop is denver, colorado. it appears marijuana is a growing business. in san jose, rob ross, "ktvu channel 2 news." confusion clouds the future of a medical marijuana dispensary in gillroy after a judge ordered it to close. they have been in business since november. a judge ordered it to close last week, but they said it is still in business but is not taking new members. the staff said if they have to close shop, they might consider moving to another location or operate a mobile dispensary. care givers say they'll return to work tomorrow morning ending a five-day strike. dozens of workers walked out monday morning over benefits. the workers say some people have been fired for taking more than 5 sick days a year, an allegation the owners deny.

union representing the workers say the owners used temporary staff during the strike and is threatening to lock them out. california's epidemic has not subsided. 7 infants have died in california this year and there are 1500 reported cases. that's 6 times the number of cases than at the same time last year. infants too young to be immunized are the most vulnerable. the epidemic is on the increasing number of parents who refuse to get their children sax newsing. up next, many districts facing legal troubles. he's accused of lying about steroid use. a few minutes later, ú

a federal judge today set a date for barry bonds. he's now scheduled to go on trial in san francisco on march 21 of next year on charges that he lied to a grand jury 7 years ago. he said he never knowingly used steroids. his attorney said they are looking forward to the trial. the american civil liberties union announced today they are investigating school districts across the state to see if they are illegally charging students fees. an attorney says the organization has received reports of districts charging fees for a variety of things ranging from textbooks to cheerleading squads. the state's supreme court ruled

that such fees violate the state's constitutional guarantee to a free public education. after all that controversy about sarah palin's experience, a state investigation found no violations. a fundraising foundation organized the event in june. jerry brown investigated but has concluded there was no violation of the law. the foundation should exercise more oversight of its assets. they have arrested a 42 year old woman on charges of having sexual relations with two boys under the age of 15. she had been having sex with the boys for almost two years, sometimes in her black hummer. she allegedly gave them gifts and sent them nude pictures on her cell phone. she is currently being held in lieu of more than $4 million bail and is scheduled to

arraigned monday. a volcano erupted tonight. a family of four is missing and believed to have been swept away. several houses, a church, and school were all destroyed. some 2,000 people have been cut off by the lava and ash. one official said there was no time to evacuate. in pakistan, officials doubled their estimate of the number of people affected by wide spread flooding to 12 million. at least 1500 have died. police have begun to forcibly remove residents as flood waters rise. the situation is so dire soldiers have stopped fighting militants and are working on repairing damage. in japan, 65th anniversary of the bombing of hiroshima. for the first time, an american ambassador attended. it's estimated 140,000 people

died. three days later, the u.s. bombed nagasaki. japan racked up a victory in court. a lift on the city's bicycle plan that will add 45 miles of bike lanes. some of the streets effected will be -- the coalition reports a 53% increase in cyclists in the city over the past 4 years. straight ahead, concerns about noise when crews dig for the tunnel and the drilling hasn't even started. will there with a warmup for the we

now that bp plugged the well, authorities are treating the site as a possible crime scene. they have opened a criminal investigation. the u.s. coast guard is seeking the cause of the oil rig blast that killed 11 people. bp and transocean have said they will raise some of the wreckage if it can be done without causing more damage to the oil well. other developments today bp said it might drill again someday for oil in the same reservoir that the exploded rig was tapping. the spot is believed to old more than $4 billion worth of crude. it's likely not to sit well with gulf coast residents. also bp announced its chief operating officer. he had been in charge of bp's response efforts along the gulf

coast. rolling in highway equipment today as it prepared to dig for the tunnel monday. but people who lived near the tunnel said the construction has already disrupted their lives, and the main construction hasn't started yet. tom has our report. >> reporter: a small army of construction workers is already on site preparing the scene for monday's commencement. this huge $5.2 million-mole will be the primary tool in excavating the two-lane tunnel. the mole will use its weight and rotating auger to power through the rock and dirt, tunnel regulars can hardly wait. >> the traffic is horrendous. no matter what time of the afternoon or morning, we go up and over the road and back to the clermont to get the congestion.

>> reporter: starting monday they'll load the rocks and dirt from treasure island in san francisco's hunter's point. any materials having high levels of human-made toxics will be hauled to special waste dumps, but nearby residents worry about dirt, dust, and most especially noise. >> during the day you don't notice it, but 2:00 and 3:00 in the morning there were trucks coming up and down. it's pretty loud, especially the street sweeper. >> reporter: we wanted to ask them about the issue, but they told me they were too busy, couldn't make a spokesperson available. >> it will be a problem. i'm feeling it's a problem now and the drilling hasn't even started. more traffic, cars parked on the side of the road, i think it could be hazardous and could be a big problem. >> reporter: merchants have high hopes. >> with the fourth bar, i think

the whole community is going to benefit from having more people in the area. >> it will take three years to complete the finish. consumer editor, "ktvu channel 2 news." a texas oil company has upped its contribution to the effort to halt california's land mark global warming law. the secretary of state says they recently contributed $3 million to a denver ballot proposition. proposition 23 seeks to delay regulations that aim to reduce green house gas emissions until california's unemployment rate falls and stays for a year. the state's current unemployment rate is 1.3%. the 3 million brings the total contributions to prop 23 to $4 million. and it's cool outside right now, temperatures in the 50s throughout much of the region,

couple of 60s, take a look at the temperature profile. sacramento is cool at 67 degrees. currently that fog and low cloud are easily pushing over the bay and getting up into albany, so we'll have a big push of fog tonight, really as we have the last few nights. here's how it breaks down. plenty of morning fog, weekend temperatures because of this low pressure center that are in the 70s with a few low 80s in the hot spots. next week and beyond, looking at the long range models at 10, 12 days, we're talking temperatures basically like we've seen this entire week. below average, temperatures remain in the forecast. up shot will be the lower fire danger and good air quality. forecast for fog, had reports of it really the last couple weeks, places down towards davenport. tomorrow afternoon,

temperatures mostly in the 70s. more sunshine tomorrow. today burned off quick, temperatures today were warmer. burnoff will be quick tomorrow, but temperatures staying in the 70s. forecast highs, you've seen this before, there's that bite. that's the low-lying area right there. golden gate bridge allows that fog to push in and flares out. the cool air also over the coastal hills. morning fog, has been really all week. 62 degrees at lunchtime, might be wearing 5 sweater until lunchtime and 70 degrees at 3:00. 73 at napa. 79 in fairfield, temperatures in the livermore valley, low 80s, temperatures with great air quality have in the had a spare the air day this summer. i can't remember that happening ever. 70, 71, forecast highs on the mild side. air quality good, and just a 5-

day forecast, not much of a surprise. what i guess is a surprise is sunday and monday. look at the high temperatures, 79, 79. >> wow, that's inland? >> that's inland, instead of 90s. >> thanks, bill. a lively celebration tonight at oakland's square. the east bay express celebrated the winners of the best of the east bay readers poll. the survey highlights ideas, products, and services, various bands performed and visitors checked out demonstrations, sports, and various offerings from local restaurants. the celebration is set to wrap up 15 minutes from no

with a liftoff of sorts, san francisco celebrated a new piece of art. the ray gun rocket ship. the workers of the rocket ship actually made its debut last summer, and it will be on display for the next 14 months. >> have to go check that out. all right, it was delayed, but it was worth it. >> long rain delay, summer rain, but a casual victory for the giants tonight, grinding it out on the road despite the fact they again give zito no offensive support at all and fail to get a single hit with runner in a scoring position. that doesn't matter, giants win the ball game and move closer

to overhauling the padres in the west. zito, 7 strong innings, struck out 10 braves, made this chip a little too good, solo homer, 2- 1. until the 9th, chipper goes from hero to zero. error right there. ball goes down the left field line, huff scores to tie it for the giants at 2-2 against billy wagner. on to the 11th, giants load the bases, real professional at bat from burrell, fairly deep into the count, fly ball to left, going to score what was to be the game-winning run. wilson shuts it down. giants pitchers today combine for 15 strike outs. they get help from an unexpected source as well. the padres lost to the nearly helpless diamond backs. upton snapping a tie in the 3rd. it held up, padres lead the

giants by only one in the western division. rangers have come to oakland this weekend to officially lay the a's to rest in the west, and if they play like they did tonight, the a's won't have a numberer of prayer. lee one of the best lefties in the business gives up a triple to barton who scores there. 1-0 lead. short line off braden, josh hamilton, leading hitter, 24th solo. 2-1 lead. 5-1 final. lee wins his 10 9-of the year. fans get to bask in the past and relive some of the great moments from the years when one of the greats goes into the hall of fame as will be the case this week. jerry rice will get his

official induction tomorrow. many of his former teammates on hand, of course, that will include joe montana who talked about their famous touchdown hookup chemistry with each other. >> chemistry takes time in some cases, in other cases like with jerry, the time is shortened by his ability to be able to get behind people, so you find a way to make it work quick, but he was one of those receivers that was easy to tell and easy to read. he was one of them. >> all right. don't forget, come 11:00 sunday night, you can watch the jerry rice tribute on a second look. lots of great old footage of him and fine interviews as well to go with it here on channel 2, 11:00 sunday night. this is the sporting life for friday night. back to you. >> thanks. that is our report on this friday night. i'm heather. >> i'm frank.

our coverage continues online at www.ktvu.com. next newscast tomorrow evening ñ