Has the details. Reporter its been a battleground for violent protests before. This was the scene when so called antifascists and alt right groups clashed in berkeley back in april. According to lawmakers, speaking out today, the city could be the stage of more violence on sunday when a protest being billed as an anti marxist rally is coming to civic center park. This is racism. This is xenophobia. And there is no place for any of this in berkeley or anywhere else in our great country. We will proclaim that berkeley and the east bay stands unite against hate. America needs to speak. Reporter but the organizer of the rally is a transwoman Amber Cummings to says elected officials have it wrong. I do not support White Supremacy, White Supremacy is not allowed at my rally. We dont want racist people there. We do not want hateful people there or violent people there. If anybody is coming with the intent of violence, dont come to my rally. Reporter lawmakers are asking the public to stay away from the park on sunday, saying they believe while supremacists are coming to the city to fight. What were speaking against is the hate groups that are using her protest as a platform to spout their hate and hatred against muslims and immigrants and latinos and the lgbt community, as well. Reporter sundays rally comes just as state senator Nancy Skinner has announced legislation to expand californias hate crime law and as state lawmakers plan to hold a series of hearings to assess the rights of White Supremacy in california. Berkeley city council has empowered the ci seat trying to gather signatures for a petition to recall him. But judge persky filed a restraining order to halt their signature gathering efforts. The point is to waste our time, waste our money, tie us up in the courts, and prevent democracy. Reporter a stanford law professor behind this campaign claims persky has shown bias in cases involving violence against women. He considers six months for brock turner far too lenient after he sexually assaulted an unconscious woman outside a stanford frat party. Very upsetting to the women of this county that he is trying to trying to silence us. I think Sexual Assault survivors are very familiar with the feeling of being silenced. This is just one more attempt by judge persky to further silence Sexual Assault survivors and were not having it. Reporter the judge argues because he is a state officer, californias secretary of state rather than the county registrar should decide whether a recall effort can move forward. Our role, um, here today is to make sure that judge persky is treated fairly during these recall proceedings. Reporter persky has hired Donald TrumpsArizona Campaign director to manage his Campaign Setting off even more fury. That tells you everything you need to know about, um, judge perskys bias against women and his views on Sexual Assault. Reporter those who dont support the recall say perskys sentence for turner was lawful and followed a recommendation by the probation department. If this recall does in fact go through and they gather more than 90,000 signatures, it would come up in the june 2018 election. In san jose, neda iranpour, kpix 5. Now Police Across the state are searching for a 9yearold boy who has been missing since a deadly shooting in Santa Barbara county. An amber alert is issued for this boy named daniel. Investigators say he is 45 tall, 90 pounds with brown hair and brown eyes. He was abducted after his mother was shot and killed last night in the city of santa maria. Investigators say that the 9 yearold was taken by his father 48yearold constantine morozov. Police believe he is with the boy in a black 2017 jeep cherokee, plate number seen here Hillsboro Police have released Surveillance Video of a couple of burglary suspects breaking into two cars. This happened outside a home on summit drive early yesterday morning. You can see a suspect in a hoodie and another with shoulder length hair searching the cars glove box and center console. The suspects are still on the loose. New at noon, governor jerry brown got a warm welcome in San Francisco this morning by labor unions. He was here for the Laborers International union of north americas leadership conference. He told the crowd the state is investing in california labor. Action he says our nations leaders have lost sight of. What theyre doing back there in washington, theyre all arguing about i dont know what theyre arguing about but they are not arguing about you and how to make your life better and how to protect america and its jobs by investing in whats needed and thats what we can do. Were doing that in california. [ applause and cheers ] he said california hes a place that has the Regulatory Environment that can compete globally with plans to invest in labor locally. A small earthquake in the north bay volt people up this morning. Usgs says the 3. 2 quake struck around 6 30. About five miles off the coast near muir beach. Some people in San Francisco also felt the shaking. No reports of any injuries or damage. Rescue crews in italy are searching for survivors of an earthquake that struck near a Resort Island off the coast of naples. At least 2 people were killed. More than three dozen others were injured after last nights earthquake in ischia. A 7monthold baby was pulled from the rubble of a collapsed building, one of the survivors. It struck at the peak of tourist season and Officials Say the death toll will rise. Authorities say it left about 2600 people homeless. President trump laid out a new strategy for dealing with afghanistan during a prime time address last night. Today, he is shifting his attention to Border Security. Mola lenghi reports from the white house. My original instinct was to pull out. Reporter President Trump has changed his mind about the war in afghanistan and is sending in more u. S. Troops. He said their mission will be clear. We are not nationbuilding again. We are killing terrorists. Reporter he put neighboring pakistan on notice saying there will be repercussions if they continue to allow terrorists into their country from afghanistan. It is time for pakistan to demonstrate its commitment to civilization, order and to peace. Reporter today the president shifts his attention to Border Security during a trip to arizona. His first stop is at a customs and Border Protection office in yuma. The Trump Administration said its efforts have succeeded in reduce illegal immigration. We want to build a wall and have internal enforcement and Border Security on it. Illegal immigration in our southern border is down now more than 60 . Reporter then its off to phoenix for ll but phoenixs democratic mayor says he asked the white house not to come after the violent protests in charlottesville. I believe the true intention is to divide the country so the president should not come to phoenix. Reporter Phoenix Police say they are ready for whatever happens. Mola lenghi, cbs news, the white house. Is the secret Service Running out of money protecting the president and his family . A Statement Released by the director of the secret service is opening up some questions. Kpix 5s Sandra Osborne has the story. The secret service will now be asking congress to raise the pay cap for overtime afraid that hundreds of secret Service Members will not get paid for hundreds of hours of over time work. Reporter now, this morning, i did receive a statement from the director of the secret service. In it, director ailes says, quote, the secret Service Estimates roughly 1100 employees will work overtime hours in excess of statutory pay caps during the calendar year 2017. Meaning in the first 7 months of the Trump Administration, the service has been so busy that hundreds of agents will hit their maximum pay and not be eligible for overtime. Still, some say trumps presidency is stretching the budget thin because of travel and more protectees. Under president obama, 31 people were under protection. In the Trump Administration, that number has risen to 42 including 18 members of the president s family. Some are also questioning expenses like more than 22,000 for security detail for President Trumps daughter tiffany and her boyfriend when they traveled to berlin. Now were seeing, because of travel, they are, um, not only running out of overtime money, but theyre also quality of life is taking a big hit. Reporter johnson claims these problems have existed for decades. In the statement, the director says, quote, this issue is not one that can be attributed to the current administrations protection requirements alone. But its been an ongoing issue for nearly a decade due to an overall increase in operational tempo. Now, the director calls this a serious problem. He says his agency is also working with congress and the Trump Administration to try to find at least a temporary solution by maybe increasing the over time pay cap at least through the end of the year but hopes for a permanent solution. In the newsroom, Sandra Osborne, kpix 5. We reached out to the white house for comment. So far no response. Coming up, bill cosby back in court today. Whats next for him in his Sexual Assault retrial . Reporter and uber user tells us the company hit him for a cleaning fee for a mess never made and similar complaints are piling up on social media. Im Kenneth Craig in new york with the details coming up. Clouds on coast and into the bay this morning are clearing up. Well talk about the clear skies and, guess what, the impact all of this is going to have on your weekend. We have the important forecast coming up. The comedian appeared in court today with his attorney. T trial a pennsylvania judge has delayed bill cosbys sex assault retrial until next spring. He appeared in court today with his attorney. The trial was set to begin in november but the judge granted a request from his defense team to postpone jury selection until next march. The highprofile case ended in a mistrial in june. If you make a mess in an uber, you could be a cleaning fee but some say they were charged for messes they didnt make. Kenneth craig explains how the Bay Area Company is now investigating. Reporter Steven Winkler uses uber all the time and never had a problem until he recently spotted an issue on his bank statement. I noticed a 50 charge from uber. Reporter he contacted the Company Online and was told he was charged a cleaning fee. They also sent him pictures from the driver of what appears to be a wet seat but winkler says it wasnt him. Theres no way i could have done that without knowing about it. Reporter winkler is not alone. Social media is filled with upset uber customers insisting they were wrongly charged for a mess they didnt make. And the Better Business bureau tells us, they have received more than 130 complaints about uber cleaning fees. John mcgahn and crystal drake were charged 150 and sent a picture taken by the driver but insists it never happened. They need a better system in place than what they have. Reporter uber is aware of these disputes and in the statement tells cbs news, we are enhancing our internal processes and investing in Additional Resources when investigating cleaning fee claims. While messes and spilled drinks can happen in moving vehicles, we are actively looking into reports where fraud may be detected and will take the appropriate actions on those accounts. After complaining to uber, both customers got a refund. My advice is to take a video every time you get out of your uber. Reporter uber say drivers who submit a fraudulent cleaning fee will lose their ability to drive for the company. Kenneth craig, cbs news, new york. Uber says that cleaning fees include not only the cost of cleaning up a mess, but also lost time for the drivers. Lets take a look at the big board right now. With roberta gonzales. Thanks, roberta whats cool about your lets see if temperatures are up with roberta. They are up compared to yesterday. But certainly not as height as this weekend. Wait until you see the seven day forecast thats coming up. This is our live weather camera. Looking past lake curry the visibility is hazy. We have a touch of humidity in the atmosphere. 77 in san jose. Its now 80 in livermore. Another view this time around looking towards the port of oakland. We have finally cleared. We have clear skies so says bill in orinda, jerry in antioch. Charlie in vallejo. And robert in redwood city all reporting clear skies and highs in the mid to upper 70s. You can see the clouds have dialed back to the immediate seashore hanging very tight to the coast. Otherwise, im firing up our live hidef doppler radar. No precipitation here. Lightning in the high sierra. They are becoming more numerals. I had two or three a couple of minutes ago and now we are starting to see with the afternoon heating and subtropical moisture, some thunderstorms building up into yosemite. We have High Pressure building in closer. Well see gradual warming kicking out that area of low pressure that is swinging that thunderstorm activity into the high sierra. Theres always the chance of a stray shower moving into our north or east bay. So well keep an eye on that with paul deanno later on tonight. So thunderstorms high sierra yosemite we have the clearing of the skies in monterey bay. Our numbers in the 60s, 70s and 80s up to 90 degrees. Sunset at 6 32 tonight, boy, that doesnt look right. Well have to fix that. [ laughter ] taking a look at the extended forecast triple digits we havent a coup looks like a boating weekend for me. No, im going to be riding in a Charity Bike Ride on saturday and i dont like that 98 degrees reading. No kidding you better keep hydrated. Ill get on the boat. You get on the bike. [ crosstalk ] [ laughter ] never happy we want to know whats cool about your school . Email your nomination to us at coolschools kpix. Co m, and we may feature your school on the thursday morning show. Caught on camera. A wayward whale turns up i marina in long beach yesterday. They believed the juvenile whale migrated from Baja California caught on camera a wayward whale turns up in a marina in long beach yesterday. They say the juvenile migrated from baja, california, without its mother. The animal appears to be malnourished. In the past, rescuers tried using firehoses to push it out of shallow water. This time, they are watching and hoping it will soon make its own way to deeper water. Heres your feel good story of the day. Football star tom brady used his celebrity to help find a woman a bone marrow donor. An article about a woman who has a bone marrow failure caught his attention. She has mixed race heritage so a match is difficult. Tom brady shared her story on facebook. You know, you see these people and you are fans of them and, you know, and they seem so far away. And untouchable. But the fact that he just took it out of time out of his day to do a little post was so meaningful. The good guy and the local guy. Just one day after bradys post, the National MarrowDonor Program told her around 100 people had signed up. A reminder if you have a Consumer Problem or question, email our hotline or call us. Tips on mandarins. Thats it for kp ix 5 news at time for our taste of the day. Fresh grocer Tony Tantillo has tips on mandarins. Reporter ell, todays tip of the day is going to be with mandarins. Its not winter. These are imported to new zealand, opposite climates, which means its their citrus time in new zealand. We are getting navel oranges and other citrus and these mandarins are fantastic look at this when i cut this inside. Look it the juice, small seeds. Very small peel. Loaded with juice, too. Selection and storage is very important. When you buy it, like all citrus, heavy for their size. The heavier the better. That means they are packed with juice and not pulp. Hold them in your hand for the weight. Make sure skin is shiny and bright like this. That means they are nice and fresh. When you bring them home, store them in a cool, dry place but not in the refrigerator. Never store any citrus in the refrigerator. Now, these are loaded with nutritional value, vitamin c and so forth. They are great for us, easy to peel and for now, in the summertime with all the summer fruit, a little bit of citrus and refreshing. The mandarins imported from new zealand, i love it. The smell out of this world. And im Tony Tantillo, your fresh grocer. Nd always remember to eat fresh and stay healthy. Here, take a look. Beautiful i have an orange in my purse i brought it for a snack and forgot. I have two cuties. Do you . All right. I dont have anything. [ music ] brooke answer me, james the truth. Is sheila really that impaired that she has to stay here in erics home . James well, obviously, you dont think she is. Brooke i dont iii dont know. Im not a doctor. You are. That is why youre here. So tell me do you think shes up to her same old tricks, faking it, so that she can stay here at erics longer . Just tell me the truth. Sheila [ thinking ] dont you dare, james. Dont you dare