arguments about whether the governor overstepped his power by demanding those days off. anne makovec outside the courthouse in san francisco with the latest for us. anne. >> reporter: governor schwarzenegger versus state workers. this battle has been going on for two years and has big implications for state workers and the state budget. the california supreme court spent almost two hours listening to arguments this morning over whether or not governor schwarzenegger illegally furloughed more than 200,000 state workers. about 40 lawsuits have been filed on the issue and more than $1.2 million spent on state legal bills. the case will likely affect furlough lawsuits in lower courts around the state. the furloughed workers have lost nearly 50 workdays and close to a combined $3 billion in pay since february of 2009. if the union wins, those workers would get back pay with interest for hours they never worked. if governor schwarzenegger prevails, he may have cemented the power of the state's governor over organized labor for years to come. >> the governor's authority to furlough state authorities stems from his implied and inherent powers as the chief executive officer of the state of california. >> we think the governor violated a state law and the labor contracts when he unilaterally imposed unpaid furloughs on state employees, just took money out of their checks and locked them out. we think that violates the law and contracts. >> reporter: the other options were analyzed, like hiring or overtime freezes and which would put more hardships on state workers and the state as a whole. they also questioned the language of the statute spelling out a 40 hour workweek for state employees and who might have the power to change that. now, the court is going to file its ruling in 90 days. it could also file a split ruling saying that the furloughs were legal only under certain economic conditions. allen? >> and here it is bottom line, it's september 8 and we don't have a state budget, which is the heart of the whole problem here. >> reporter: that's right. this certainly isn't going to help it either way. >> months overdue. all right, anne makovec, thank you so much. now, i should tell you, the governor is in the bay area today. a short time ago, he toured marvel semiconductor in santa clara. he received a briefing on company's smart electronics initiative. the goal is to create and promote technologies that make consumer electronics industry more ecofriendly. the governor least for asia tomorrow to visit the company's facility in shanghai. now, the governor will also be trying to drum up new business for california while he is in asia. kcbs radio's matt bigler shows us how silicon valley could end up benefitting big time. >> reporter: governor schwarzenegger will be in china later this week for a six-day tour, at which time he is expected to sell silicon valley as the host of the 2020 world expo. that's according to the "san francisco chronicle." form early-morning known as the world's fair -- formerly known as the world's fair, it's being hosted in shanghai this year and so far has attracted nearly 50 million visitors so it's a very high-profile event. we talked to one leading advocate here in silicon valley, who said that having the governor as pitchman in chief will be a big shot in the arm when it comes time to convince the world to should be here in silicon valley. this would cost millions to prepare the region for this. at the same time, it would leave silicon valley with upgraded infrastructure and facilities as is generally the result of the world expo. i'm matt bigler in san jose for cbs 5. a big pot bust in the east bay hills today. investigators hauled away a dump truck full of marijuana plants. this all happened about an hour ago. as you can see from the pictures from chopper 5, this is a remote area of las trampas regional wilderness. the contra costa county sheriff's office and regional park police involved. no word on arrests nor how much it's worth. a man suspected of shooting a fremont police officer is scheduled to enter a plea later this month. andrew barrientos was arraigned yesterday. police say that he admitted to shooting fremont police officer todd young in oakland last month. barrientos has reportedly said young did not identify himself as a police officer. young was one of two plainclothes officers trying to arrest barrientos on a warrant. young remains in the hospital in serious but stable condition. now, investigators have released a sketch of an arson suspect connected to a string of fires in sunnyvale. the man is described as latino, about 19, 20 years old, about 5'10" and slender. the city's public safety department reports 15 fires since may including nine on wednesday of last week. vehicles, dumpsters, debris have all been set on fire in an area southeast of the sunnyvale town center project. well, this is day 8 of a hunger strike for about 120 prisoners at the monterey county jail. they are angry about new limits on soap. authorities say inmates housed in the area for norteno gang members went on that hunger strike last week. apparently they are responding to a new rule that restricts inmates to buying one bar of soap per week instead of four. bars of soap can be made into weapons by putting them into a sock and using them to hit people. inmates have also been wiping soap on the floors to make it slippery for guards. and soap has also been used to hide contraband. a new bill passed by the state legislature changes the cutoff date for kindergarteners. supporters said it would save the state money. now it appears it's actually going to add costs. linda mumma does the math for us. reporter: senate bill 1381 it's the education bill that would not only delay the kindergarten entry age from 5 years old by december 2 to 5 years old by september 1, but it would save the state $700 million by having fewer children enrolled in kindergarten. that was until the last day of the legislative session, when the assembly passed several amendments to the bill creating a transitional kindergarten for those young 5s who weren't quite ready for traditional kindergarten and whose education would have been delayed. it's a program now being tested in three sacramento area schools including theodore judah elementary. >> at first students who are age-ready to start kindergarten but for a variety of reasons would benefit from an additional year. some reasons may be age. they may not be developmentally ready for the full academic rigor of kindergarten or their parents just may choose to go for the additional year. >> reporter: though while the principal believes it's good for young students, according to an analysis by the senate appropriations committee, the amended bill has note savings. in fact, says the state would be responsible for a fully subsidized 14th year of education for a three-month band of children turning five between september and december. so instead of savoring the state money, it would cost $20 million its first year and looking more long term after the year 2027, it would ultimately cost california taxpayers 700 to $900 million. the bill is now on its way to the governor, we're told he hasn't tainted every taken a stance on this issue. he has 30 days to decide. in sacramento, linda mumma, cbs 5. parents have got a unique way to get their kids to school safely after budgets troubles forced the cambria district to stop buses. the parent led walking groups make sure kids get to school safely. this morning city leaders including the mayor joined one of the groups at an elementary school. >> we found a positive solution to this problem and it has had some good by-products. our students are walking more and our community is getting to know each other better through the walking school buses. >> the community has also organized carpools. parents and administrators do remind all drives now, slow down when you're in the school zones. all right. still ahead for us, 8 people missing now in a massive wildfire in colorado. the other thing that they all have in common. and president obama talking taxes today. the new proposal to help businesses and get people back to work. but first, we want to pay tribute to a legend in bay area news. right now in san francisco, there is a memorial service happening for long time kpix anchor dave mcelhatton. today friends, coworkers, people who knew him are gathering in pacific heights to remember mac. he spent 50 years on the air here in the bay area. first radio, then television. speakers at the memorial service today including wendy tokuda, kate kelly, al hart. dave mcelhatton was 81. ,, as governor, he cut waste got rid of the mansion and the limo budgets were balanced. $4 billion in tax cuts. world class schools and universities. clean energy promoted. 1.9 million new jobs created. california was working. i'm jerry brown. california needs major changes. we have to live within our means; we have to return power and decision making to the local level-closer to the people and no new taxes without voter approval. jerry brown the knowledge and know-how to get california working again. fact: brown promised to improve schools. but the drop out rate increased 50%, and the state had to take over the schools. fact: the city controller found employees paid for 22,000 hours... they never worked. fact: brown promised to cut crime. but murders doubled, making oakland the 4th most dangerous city in america. jerry brown. he just can't deliver the results california needs now. saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online. this wildfire in colorado has now claimed more than 50 homes and charred more than of,000 acres. -- 6,000 acres burning in the foothills near boulder. firefighters are having trouble bat 8ing the flames. they deal with downed power lines, debris, rattlesnakes. eight people are now missing. authorities say that all of them refused to leave their homes despite the evacuation order. the cause of the fire is still under investigation. the pastor of a small church in florida is going forward with plans to burn copies of the koran this saturday. the anniversary of the september 11 attacks. manuel gallegus shows us why he says the teaches of the bible do not apply in this case. >> reporter: terry jones is facing mounting pressure but says won't walk away from his threat to burn 100 copies of the koran on the anniversary of the september 11 attacks. >> as of right now, we feel that this message is that important, we are still determined to do it. >> reporter: the florida man wants to send a message to islam. but his plan is igniting outrage in offering. protestors marched through the streets and burned effigies of jones. the u.s. commander in afghanistan says destroying copies of the koran would put soldiers in jeopardy. secretary of state hillary clinton is also publicly stating her disapproval. >> we are hoping that the pastor decides not to do this. we're hoping against hope that if he does it won't be covered. >> reporter: the vatican calls the plan outrageous and grave. religious leaders from other faiths are echoing that message. >> we stand by the principle that to attack any religion in the united states is to do violence to the religious freedom of all americans. >> reporter: jones says he is carrying a gun after receiving more than 100 death threats. he acknowledges the bible urges christians to love their enemies but says that doesn't apply in this case. >> this action here itself is not supposed to be an act of love. >> reporter: jones insists it's an act of war, an act that's protected by his first amendment right to free speech. manuel gallegus, cbs news. president obama is on the road again today proposing more ideas to jump-start the nation's economy. the president in fact just wrapped up a speech in cleveland on three new economic proposals. one is a $50 billion package to repair roads and railways. another will offer new tax breaks for businesses so companies can get out there and hire more workers. and the president will not extend tax cuts for the wealthiest americans after those cuts expire at the end of the year. republicans want a two-year freeze on all taxes and cutbacks on spending. trapped underground for more than a month. those miners in chile now have good reason to cheer. we'll explain that. and not much sunshine in today's forecast. and it's a whole lot cooler, too. we'll take a look at today's cool temperatures coming up. ,,,,,,,,,, copd makes it hard for me to breathe. but with advair, i'm breathing better. so now, i can join the fun and games with my grandchildren. great news! for people with copd, including chronic bronchitis, emphysema, or both, advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other copd medications because it contains both an anti-inflammatory and a long-acting bronchodilator, working together to help you breathe better. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. i had fun today, grandpa. you and me both. if copd is still making it hard to breathe, ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free and save on refills. i was this close to being a weather watcher. 9:45, showers in millbrae and i was going to shoot video with my phone but i was driving. >> but you are still a weather watcher because you let us know. light showers. >> it was a shower. >> and you were such a nice citizen not to take video while you were driving. >> yeah. i'm sure everybody else appreciates that who was on the freeway. >> yeah. you could have taken some people out! billowing clouds, a plane coming in. we have been looking at clouds throughout much of the morning. had a frontal system coming through and that's what introduced the clouds and the forecast and the cooler weather. and here looking out toward the bay bridge, a couple of breaks in there. so that's going to be the drill today. a few breaks of sunshine overall though we'll be cool, still a chance of maybe some drizzle or light showers in the forecast inland for the bay as well as for the coast. for the coastline again more clouds expected. temperatures for the afternoon upper 50s to near 60 for the coast. lower to the mid-60s around the bay and the mid-60s to the lower 70s inland. tonight partly cloudy inland and the bay, mostly cloudy. and cloudy with areas of drizzle along the coastline. temperatures overnight tonight from the lower 50s to the upper 50s. we have a frontal system coming through and you can see it. it's the first frame right here. all these clouds are cropping up and that's going to keep in the forecast for today. clouds, breaks of sunshine, but can't forget the clouds or the cooler temperatures. today's high 66 in fremont, 67 santa clara, 68 san jose, 66 los gatos, 65 mountain view, near 60 at the coast. east bay locations the 70s. 66 livermore, 64 san leandro. and just along the bay the lower 60s in richmond and berkeley. north bay locations still cool. upper 60s in sonoma and napa. 65 in san rafael. 58 in sausalito. 60 san francisco a lot like yesterda 58 degrees stinson beach. today the coolest day of the week. look at what happens tomorrow. temperatures rebound thursday and friday more sunshine expected into the weekend. weekend? yeah. weekend. it's just a couple days away. it should be nice. mid-80s inland saturday and sunday, 70s at the bay, 60s at the coast. more sunshine and more nice temperatures expected for the beginning of next week. mypix photo for noon hour nature's bouquet by rob. he took this photo in alaska but we loved it so much, we put it on. it looks like good. if you have a photo, maybe enjoying yourself summer season. go to mypix@cbs5.com. i'll include it in my weathercast. that's a look at your weather. back up to you. >> next time i am so pulling over and taking video for you. >> yeah, please. >> okay, i will. >> totally. >> thank you. >> welcome back. >> thank you. the mine, trapped underground in chile now have a way to keep in contact with people on the outside so to speak. charlie d'agata shows us how a fiberoptic line is going a long way to boost their morale. >> reporter: the trapped miners in chile had good reason to cheer. their national soccer squad took the field wearing t- shirts bearing the slogan, come on miners! [ speaking spanish ] >> reporter: one star said, we're complying for our country and the first thing on our minds is the miners. the team lost the game against the ukraine. but the players support rallies the 33 miners. the family joins them. the men have been trapped for more than a month. doctors any they may get skin infections in 86-degree heat and high humidity. rescuers are trying to find a way to blast cool, dry air into the mine as they keep drilling an escape tunnel but the rescue is still months away. it could take until christmas. psychologists say the mine, must remain patient and form an underground community to survive. >> we have to expect, though, that they are going to have their ups and downs just like we do. we have good days and bad days. they're going to have good days and bad days. [ yelling ] >> reporter: but they say a little team work above and below ground will go a long way. charlie d'agata, cbs news. still to come, the miracle of nature captured on camera. ,,,, with my friends we'll do almost anything. out for drinks, eats. i have very well fitting dentures. i like to eat a lot of fruits. love them all. the seal i get with the super poligrip free keeps the seeds from getting up underneath. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. a lot of things going on in my life and the last thing i want to be thinking about is my dentures. [ charlie ] try super poligrip free. today's tip of the day is broccoli rahb. it's good with pasta. broccoli rahb is fabulous loaded with nutritional value. selects it right. buy it nice and green all the way around like this. the broccoli flowers have to be free from any yellowing and standing straight up. in the refrigerator right away, that is so important, because what happens is if you store it on the counter leave it at room temperature too long it will wilt because it's loaded with nutritional value. it's a super food. now, blanche it, saute it with garlic, tomatoes, then you add the pasta, and that's it. pecorino romano on top. let me tell you something, you'll feel like you're in northern italy! i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. look how beautiful this is. it's a staple in my house. >> hey, i got food, too, tony. coming up at 5:00 tonight, they look alike, packaging very similar but not all generic brands at grocery stores created equal. the specific lines to shop for if you want to save money without sacrificing taste. that story coming up along with more news at 5:00 tonight. finally this noon, a remarkable sight. this is a panda at the madrid zoo in spain, giving birth to two little cubs. they weigh about a third of a pound each. these are the first pandas born in spain in nearly three decades. the mother was artificially inseminated twice before successfully reproducing here. the cubs are going to spend some more time in an incubator before being reunited with their moms. >> always amazing. they are so small when they're born. >> and then they're huge. >> then they are like pablo sandoval! [ laughter ] >> they are so cute. >> they are cute. i'm sorry i'm leaning on you. i'm on my tippy toe. >> welcome back. what happened? we cooled it off while were you away. >> thank you so much. ,,,,,,,,,,,,,,,,,,
joe vazquez explains why federal agents want to hire people who are fluent in it. >> reporter: nearly a decade after ebong bonnics is back in the news. a memo for translation contractors is put out asking for interpreters who speak ebonics. they need them to translate wire taped conversations between african-american drug suspects. after a firestorm outrage ethe oakland school board decided to withdraw it's ebonics procgrams in it says ebonics is substandard ear bastardization of the english language. there's nothing scientific in saying that. people often reveal their own igignorance. >> reporter: despite the political incorrectness a linguistics professor, says many linguistics professors says it's got its own set of rules and could help teach children. >> it's been shown with any popping globally that speaks a variety of language that is different from the mainstream that's taught in institutions actually benefits from clear instruction that shows the similarities, the differences in order that students are able to transfrigs variety to another. >> reporter: alem who has written books on black language says it's an irony that teachers weren't able to use it, now police. >> reporter: rather than legitimatizing it, we legitimize is in the streets in order to imprison them. >> reporter: he's not even sure hiring interpreters would work. words used in ebonics can be entirely different than used by drug suspects hiding from police. a grassfire in the east bay burned between 55-60 acres. it broke out about 5:30 in contra costa county. no homes were threatened. nobody hurt but at least one lane was closed at the peak of the evening commute. today's hot dry weather is prime fire weather. how long is going to stick around? >> we don't have a red-flag warning but we have a spare-the- air day in affect. it was in affect today and will be tomorrow. only two days this season of spare-the-air compared to 14 days last summer. tomorrow will be the hottest day of the year. liver more average highs 74 degrees. san jose at 98 degrees. san francisco at 88. this is why an excessive heat advisory in affect for tomorrow. temperatures going to 106 degrees to the warmest locations in morgan hill and in brentwood and to the north in favored. temperatures in the low 90s around the bay, east of the bay. 94 in red wood city. the big question today is when is this going to stop now? we'll pinpoint that later in the broadcast. the man who stabbed a coming to san francisco might be arrested soon. the attacked happened thursday after a woman walking her dog asked a man with a pit bull if his dog was neutered. that's when the man stabbed the dog. the dog has had surgery. they have positively identified the man with help from witnesses. school starts tomorrow for many in richmond and the new year brings new rules for kids who cut class. they will be taken to says centers who will investigate what's going on in the family and receive a day in juvenile court and the families can face fines. unexcused absences cost the school district nearly $4 million last year in state funding. a computer melt down created even more headaches than usual for dmv customers in san jose. clerks had to turn away scores of customers. it's not clear what caused the glitch but it was isolated to the omaoffice. a 14-year-old girl who met a man through myspace is missing. police say tiffany alvarez had been talking to a man in his 30s named gino for the last few months. they believe they might be going to texas. metal thieves have stolen a century old bell from outside a church. the bell was taken out of saint michael's church. police believe the thieves targeted the bell and it's unlikely it will be recovered. it will probably be melted down and sold for scrap. it's a sad day for us at cbs 5, dave mcelhatton passed away this morning. he spent 50 years on the air in radio and of it in the bay area. kate kelly has a look back at mac's career. ♪ [ music ] >> the man who would one day be the voice of san francisco was a bay area boy through and through. dave mcelhatton grew up in oakland during the depression and went to fremont high school. he used his g.i. bill to finance his education in san francisco state and two weeks after earning his broadcasting degree in 1951 he landed his first job on radio. it wasn't long before dave shot to stardom. >> are we missing something? >> no, there's more on radio 74. >> reporter: news man al hart worked as his producer. >> he was quick witted. >> reporter: after 25 years, mac flipped the switch and made the move to tv at cbs 5. some of the new technology was a challenge but dave met it with a smile every time. >> eyewitness news with dave mcelhatton. [ laughter ] >> well, we had a fast landing, didn't we. >> mac was very good humored. he knew he looked funny compared to the typical man. he wasn't young and perky and energetic. he was humorous and occasionally sharp witted. butt never cruel, he was glib but never mean-spirited. >> reporter: harry fuller produced his first newscast and his general manager was there for some of the biggest moments. >> here comes the footage of the bay ridge. >> there's another after shock. >> mcelhatton was unflappable. i watched him work through the 1989 earthquake and period after period of election coverage where we'd go on for hours and hours. >> he was just rock steady and i was nervous and green and insecure. and he was so generous. >> reporter: wendy shared anchor duties with dave for more than a decade. >> it was a special relationship. >> and we have a beautiful view from sherman house. >> what you saw really was him. he really was that nice. in fact he was nicer. and he really was that warm and he really was that genuine hadn't person people saw. >> reporter: from the big stories. >> from the initial headquarters in little rock. >> to off beat. >> what a cheesy thing to do. >> reporter: to the unexpected. >> we went to this bart station to get random reaction. and a broken leg. >> reporter: he discovered all. >> the real story is this is my final newscast. >> reporter: to take time and have fun. he and his wife moved to palm desert where he enjoyed the sunshine, a little golf but mostly visits from grandchildren and the occasional anchor. he left but took our respect and gratitude with him. >> good night and good luck from all of us at eyewitness news. ♪ [ music ] >> there is a scholarship for broadcasting students in mac's name at san francisco state to. send a gift in his memory, you can use the link on cbs5.com. and you'll find it under news links. a former photographer robert cosle sent us this picture of the mac taken as he walked off for the last time. and more from mac the day he retired. >> i'm terrible at goodbye and goodbye it is. and like i used to say, good night, and good luck. people! look at you! texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? somebody help me down. the most powerful half-ton crew in america has a powertrain backed for 100,000 miles. chevy silverado half-ton a consumers digest best buy and the most dependable, longest-lasting full-size pickups on the road. now get 0% apr for 72 months on 2010 silverado half-ton models with an average finance savings around $5,800. more t ent of its a south bay community clinic is feeling the pinch of the state's budget delay. the clinic gets more than 50% of its funding from mediaical. they are expecting the clinic and others like it to keep their doors open with nothing but i.o.u.s to pay bills. >> reporter: the family clinic along with similar of healthcare providers may soon find find themselves on financial life support. >> we need help desperately now. >> reporter: the 7 weekweek delay in approving the budget mean this is week health clinics will receive i.o.u.s. they get 50-70% of its funding through mediaical. >> disappointed. >> disappointed. i think it's a disservice to the patients because they are already struggling. >> reporter: the 3000 patients are some of the some of the poorest. a third are uninsured, undocumented or homeless. for jorge, there aren't a lot of healthcare options nearby. >> how much do you think it will hurt the neighborhood in a clinic like this would close? >> it hurts a lot. i think a lot of people come here and they have no other place to go. it hurts a lot. >> reporter: without mediaical, they say there's enough cash to stay afloat for another month or two. despite the money problems, no one is turned away. there is one emergency option. it's the medical bridge loan that provides funding for three months. after that money runs out, whatever happens is anybody's guess. marijuana delivered to your door? it's what a new dispensary in the east say about promising. it's called herbal essence. the city band dispensaries five years ago. they are looking into the matter. some who use medical marijuana say it's a welcome addition to the. >> i don't want to drive to berkeley it to places that i feel uncomfortable. >> the city says herbal essence has a permit to run a alternative healing center but the application didn't say anything about marijuana. i tell you what's high? our temperatures. >> temperatures were high today. good evening. clear skies from the coast to the city of san francisco due east to the south and? a.no visibility unlimited at this hour. winds are beginning to die back. today's highs from 69 degrees to 99. >> sonoma and also in concord. you can plan on tomorrow morning, be prepared for the hottest day so far this year. certainly the hottest day this summer. clear skies from the inland areas and the coast will be clear as well. we do have an excessive heat advisory in affect from noontime to 8:00 p.m. as the temperatures soar. limit your time. let's not forget the elderly and pets. unhealthy air quality. we don't have a red-flag warning, the humidity will be dropping into the teens. unhealthy levels of ozone as far as the east bay and santa clara valley are concerned. now, this is the deal. this is our latest satellite. we have high pressure. and it's strengthening. not going anywhere. it's going to keep the temperatures extremely mild. nearly 70 for an overnight low. otherwise a pair of 6s in the trivalley. this is what everybody wants to know. the numbers. triple digits sunnyvale, cooper, san jose. the average high at 84. east of the bay besides morgan hill to the south at 106. brentwood 106. 103 in pittsburgh. north of the golden gate bridge, sunshine at the coast. 81 degrees stinson beach. 102 degrees in sonoma. the extended cbs 5 forecast, 102 in the offing. everybody in the 90s inland. seasonal friday. cool conditions for the weekend. that's your pinpoint forecast. >> those are high. >> yeah, thanks roberta. be wary what's in the mail. why you should take a closer look next time you get a magazine renewal notice. killed, along with the fired police officer who authorities say seized their bus. the in the philippines eight tourists were killed along with a police officer who authorities say seized their bus. the hostage standoff played out over 12 hours on live tv in the philippines. 55-year-old rolando mendoza wanted his job back. after a gun fight, the hostage taker was found dead. 16 people survived including nine who were released before the standoff ended. if you scribe to any magazines you know they are not shy about getting to you renew. take a good look the next time you get a renewal notice. it could be be a shady source. >> reporter: it came in the mail for his magazine. ron cooper paid it. >> i wrote out a check. >> reporter: two weeks later a different renewal notice arrived. this one from sew beautiful magazine and half the. a first bill >> something strange. >> reporter: turns out the first notice was from a company in southern california, a company that has no connection with the sewing magazine. they call itself an independent subscription agent. >> it's fraud from start to finish. >> reporter: while some element companies act as middle men between subscribers and magazines he says publishers billing exchange is not one of them. >> they are not affiliated with the magazine you are buying. they don't turn the money over to the magazine you subscribe to. >> reporter: where did ron's payment go? we called the company several times and got a message. the number is temporarily unavailable. the b.b.b. office in nevada says the company does business under a bunch of different names. how is a subscribe tore know if it's legitimate. >> the only way to know is to call the publisher and say i've gotten this bill from a third party. >> reporter: now that he's paid one, ron coop ser getting renewal notices from publishers billing exchange from lots of other malmag convenience. but he's throwing them away. >> i want people to know of this. they tage take advantage of people. >> reporter: it's a good idea. go online and see if there are complaints lodged against the company before you send a check. if you have a consumer problem or check, call our hotline. this spectacular site off of australia. a giant humpback whale leaped out of the water and jumped several timeless. they head back to thant arctic this fall. it's whale watching here. you can see the humpback whale. there were lots of strikes at the world series. a wild and expensive pitch in the dirt. the ball struck the camera lense and cost $20,000. mexico was playing against puerto rico. nothing compared to what tiger woods will pay ,, ,,,,,,,,,,,,,,,, t the clock! after getting clobber indeed st. louis yesterday, it was the giants who did the clobbering tonight. cody ross made his debut with a base hit. giants go off. doubles in a run. pablo singles in huff. you get the picture. freddy sanchez with a rbi single. the giants score five. dusty baker comes in. takes his pitcher out in the 1st inning. cane was on his game. struck out seven. only gave up two. giants win 11-2. they are one back in the wild wards. receiver chad shillings went to a knee specialist. he might have arthroscopic surgery. the hawkins, two defenders. titans beat the cardinals. tiger woods is officially divorced. his now ex-wife elin filed divorce. no terms of the divorce were announced. but elin is probably well taken care of. >> hopefully the kids are. >> they are going to have joint custody, it appears. >> think he'll get his phone back? >> blackberry? >> wondering. >> i think it was smashed in the car wreck. >> all right. >> that's coming out of your allowance.
bay area broadcasting lost a legend today. and cbs 5 lost a dear friend. dave mcelhatton passed away this morning. he is a co-anchor of wendy tokuda, a dozen years. >> a dear friend indeed, allen. not just us here but to people who just heard his voice or watched that kind face on tv over the years. he once told me, all the ladies and dogs like me. but i disagree. everybody liked dave mcelhatton. he was every bit as nice as he seemed. and he belonged to all of us here in the bay area. my colleague kate kelly shared the anchor desk as well with mac. and here is her look back at his career. >> reporter: the man who would one day be the voice of san francisco was a bay area boy through and through. dave mcelhatton grew up in oakland during the depression and went to fremont high school. he watched from his father's shoulders when amelia ear hart landed at oakland airport sparking one of his two great passions, flying, and the other, broadcasting. he used the g. i. bill money to finance his education in san francisco state. and just two weeks after earning his broadcasting degree in 1951, he landed his first job at kcbs radio. ♪ it all comes with mcelhatton. >> it wasn't long before dave shot to stardom. >> are we missing something? >> no, there is more on radio 74. >> oh, let's keep that. >> newsman al hart worked as his producer. >> i always admired dave because he was so funny and quick-witted and dave could do so many things and that's why that period of radio, back there in the '50s and '60s is so much fun because we could do whatever we wanted to do. >> david my boy. >> sun rise. >> dear david, don't you think we should begin at the beginning. a very astute observation. >> after 25 years of kcbs, mac flipped a switch. and he made the move to tv. at cbs 5. a critic at the time called it either a flash of genius or an incredible blunder. some of the new technology was a challenge. but dave met it with a smile every time. >> eyewitness news with dave mcelhatton. >> well, we had a fast landing there, didn't we? good evening, i'm dave mcelhatton. >> that was very good, and good humored and he knew he looked funny compared to the typical anchor man, he wasn't a young guy, he wasn't handsome and perky and energetic, he was mcelhatton, slightly avuncular and humorous and never cruel, he was glib but not mean spirited. >> later his news director and general manager was there for some of the biggest moments. >> the bay area is a sadder place whether or not you shared their beliefs. these two leaders had a zest for life. wild jim jones and most of the group may be dead, topping our news this tuesday, the worst disaster? >> here comes the footage of the bay bridge. >> mcelhatton was unflappable. i watched him work through the '89 earthquake. i watched him through period after period of election coverage when we would go on and on for hours and hours about a script. >> he was just rock-steady. and i was nervous and green and insecure, and he was so generous. >> wendy tokuda shared anchor duties with dave. for more than a decade. >> it was a really special relationship. and it doesn't happen very often professionally at all. and when it does happen, it is something. >> the 50th anniversary of the golden girls. and we have a beautiful pugh view -- beautiful view from sherman house. >> what you saw was him. he was that nice. and in fact he was nicer. and he really was that warm. and he was that generous honest person that people saw. >> from the big stories. >> i'm dave mcelhatton, in front of the clinton/gore national headquarters here in little rock. >> to the offbeat. >> they're trying to put a wedge between us. >> what a cheesy thing to do. >> really. >> to the unexpected. >> we went to this bart station to get some random reaction. and a broken leg. >> mac covered it all before he retired in 2000. >> the real story tonight is this is my final newscast for eyewitness news. >> to, in his words, take some time and just really have fun. he and his wife moved to palm desert, where he enjoyed the sunshine, a little gulf, golf, but mostly visits from grandchildren and the occasional former co-anchor. he left the big story to us. and he took our respect and our gratitude with him. >> he was the bay area's anchor. >> here we are. the hooker's call. only in san francisco. it sounds like i may be having an affair. the affair in just a moment. >> and good night, and good luck from all of us at eyewitness news. >> a lot of you have been sharing your memories with mac online with us, and one writer says what i think of mcelhatton, a class act. and another calls him a bay area staple and his on air presence will be forever missed and unsurpassed and a former san francisco state student says he was very approachable and generous with his time and his life and not a broadcast diva. >> there is a scholarship in mac's name at his alma mater, san francisco state, for broadcast students. and in lieu of flowers his family is asking that people donate to that. we have a link on cbs5.com. on our story about mac. and you can use the online forum or mail a heck. >> and due roam these hallways without -- you don't roam these hallways without hearing stories about mcelhatton and you don't share a guy's locker, and you hear that is dave mcelhatton's locker upstairs and i treat him with reference. i got to meet him, and he came down on vacation and i met him and he gave me a keep at it kid, and you will make it one day, and that kind of speech and he meant it. it was real. and he was a real person. a real guy. >> he really was. and he used to say, over time, if you watch people, you really get to know them, and i don't know that really that is true, but in his case, it sure was. there was just nobody like him. >> no. he is missed here for a while mow. >> so generous. so generous and kind. >> and hysterical. >> and hopefully people will donate to the scholarship fund and keep his memory living on. we'll be right back. it's hot out there today, and in many parts of the bay area, the air quality is poor. that means ,,,,,,,,,,,,,,,,,, ality is poor. t no doubt you noticed. hey, it is hot out there today and in many parts of the bay area, the air quality is also poor. so it means today is the region's first spare the air day of the summer. and anne makovec in walnut creek where the temperatures -- you're taking appropriate action for a temperature that might hit triple digits. >> now, it is hot. it is really hot here already. i don't think we're used to these triple digits. because it has been so cool all season. and so this is one of the first really hot days we've seen this season. it is also the first spare the air day that we have seen so far this year. and to put that in perspective, last year, we had seen 14 by this point. a warm welcome to summer today, weeks after it officially arrived. >> it is nice to have a couple of hot days. >> things are getting a little bit more color and seeing my buddies outside. >> reporter: one of the hottest days we've seen all year. a lot of people are welcoming it with open arms. >> i like to be able to be outside in it. to get around, to walk, i walk two or three times a day and it is much easier when it warm. >> my tomatoes will love it. >> reporter: but the weather is not quite as enjoyable when you're working outside in long pants. >> this is why we're here. we're in the shade. hanging out here all day if we could. >> we don't like it but it is something you have to deal with. >> another uncomfortable side effect of the temperatures, poor air quality. >> when we have high temperatures, it cooks that pollution up, and that pollution creates ozone or smog which is unhealthy. >> reporter: for about a decade there was a perk for anyone who avoided the auto during spare the air day, free public transit and that was funded with free federal grants but that has since run out. >> that was to get people to talk about transit and try it but it didn't get people to sustain their transit riding and we need people to take it and try it and use it more frequently. >> reporter: people are being asked to reduce energy use and avoid gas-powered lawn mowers or leaf blowers and don't cook on an outdoor grill. the advice from these swimmers, come on in. the water is fine. >> it is the rest of the day that gets a little bit challenging. >> reporter: it is already hot here in walnut creek. the hottest part of the day is a few hours away, between 3:00 and 4:00 p.m. the air quality management district expects the south bay to exceed federal air quality standards by the end of the day. but they are monitoring the air quality all over the bay area. allen? >> you're taking up somebody's lane there, you know, i think you will have to do some laps. >> i'm afraid that i will get pushed in actually. i told everyone though, no funny business. >> okay. this time. we will let you off the hook. thanks, ann. tracy is here to tell us where we're going to get the hottest temperatures and we're whining about how cool it was and we get it. >> and you asked for it and now you got it and i guarantee in a couple of days somebody will be saying, look at the cooldown, it is pretty hotout side and here is a look at ocean beach. and that's the place to head to, and it will be in the 70s along the coastline today and you can see some people out there, they look like they're microscopic and you can see them, and then we mentioned the fact 245 that there are unhealthy air quality levels and especially down in the south bay, where we have unhealthy levels of particulate matter in the atmosphere and moderate in the east bay and north bay. and pretty good along the coast and the central bay. so let's talk about this heat wave. and a heat wave, three consecutive days of 90-degree temperatures. that's exactly what we're expecting today, tuesday and wednesday. and yesterday, the temperatures in the 80s, and today, i always say kick it up a notch. we're just going to kick it up. temperatures close to 20 degrees warmer. we will let you know who gets close to the century mark today and more importantly when is it going to cool down. will it cool down? or will it be hot forever? that's a look at the weather. back to you, allen. >> tracy, thanks. federal authorities say they expect to arrest and charge a suspect this week in a stabbing attack on a dog. the attack happened last thursday along san francisco's coast, and the dog was stabbed four times. and he is recovering after surgery. park police now say they have positively identified a 33-year- old suspect, after they got some help from two witnesses. you know, it has been almost a year since jc dugard reappeared and phillip and nancy garrido were arrested and neighbors say calm has returned to the area. and this was the scene a year ago near antioch and the area became a center of media coverage when police arrested the garridos and accused of kidnapping dugard and holding her captive for 18 years. today, the streets are a lot quieter. the neighbors claim the area has been stereotyped, as a haven for sex offenders. the garridos appeared in court last week. a judge announced the defense may challenge phillip garrido's mental competency to stand trial. as of now, the garridos are scheduled to be back in court in october. concord's first medical marijuana dispensary is now open and it delivers, herbal essence on clayton road, and the shop, pretty nondescript from the outside and the web site says it opened in july, and the city apparently just learned about it last week. and right now, the dispensaries are banned in concord, but that ban has been challenged in court. herbal essence says it is in full compliance with state law. concord's mayor says the city is looking into the herbal essence situation. well, the biggest egg recall ever. it just got bigger. details of a new recall. and the changes the feds want to see to keep something like this from happening again. ,,,,,,,,,,,,,,,,,,,, this fire north of san luis firefighters are mopping up two wildfires burning along the coast. this fire north of san luis obispo, they have it about 80% contained right now. but it burned 1300-acres this week in the loss padres national forest. and crews expect to be fully contained by tomorrow. and another fire fully contained later today. and a little more than 1,000 acres near lakeside. several people trapped shortly after the fire started saturday. they were air lifted to safety. but a good reminder, because we haven't had much of a fire ceasen this summer. and the temperatures are right there now. >> yes, would he have the temperatures there now. and right now, we just need the winds to kick up a little bit. that's what will happen this afternoon and tomorrow morning. we will see what happens with the winds. and up until now, everything looks pretty good outside and blue skies and plenty of sunshine expected and here is a look at where the transamerica building is, and boy, that is postcard weather. it doesn't get any better than that. what can you expect today for this afternoon? well, it is going to be hot, folks. so i put it in all caps. sunny and hot. the temperatures up to 98 degrees. a lot of sunshine around the bay. with the temperatures up to 88 degrees, and then the mid-70s along the coastline, with plenty of sunshine expected. and for tonight, clear skies, and extremely mild temperatures, inland, especially east bay hills, and the diablo range, they could very well bottom out in the lower 70s. and that's not much of a bottom out. but again, if you're close to the triple digits, temperatures have fallen just a bit. and clear skies and mild temperatures around the bay. and clear skies with a light breeze. that will be along the coastline. and here is a look at some of the afternoon highs. and 92 in cupertino. and 93 in campbell. and 89 degrees in sunnyvale. and 88 in mountain view. and our lower to mid-70s for the coastline. and yes, that is where it is. that is where you want to head. and right up along the coast, and mid 80s in berkeley. upper 80s in oakland. and upper 90s in walnut creek. and 97 degrees in danville. and 96 in dublin. 96 in pleasanton. and the upper 90s in antioch. and also in brentwood. and north bay locations, 92 petaluma. 94 novato. mid-90s in sonoma and napa. the temperatures close to 20 degrees warmer than yesterday's highs. and the mid 80s in sausalito as well as san francisco. northern california, triple digits, 104 in the valley with fresno. and 96 sacramento. 102 in reading. and 84 in lake tahoe and 95 in yosemite. closer to the coastline, monterey, with a few low clouds and 93 in ukia, we also have morning clouds in eureka but they have cleared out and a mix of sun and clouds and an afternoon high in the 60s. and then we will warm you up. for those of you who have have been complaining there is nt any summer across the bay area, well, there is the summer, folks. things stay hot and then cool down, friday saturday and sunday. >> we will pick it up. >> you can endure it for a couple of days. but because it hasn't been hot, i think it takes a while for the body to get acclimated. >> shock. >> yes, so pace yourself. >> and today nearly 300,000 eggs are being recalled here in california. so that makes for a total of more than half a billion eggs recalled around the nation. they all trace back to the two farms in iowa linked to more than 1,000 cases of salmonella poisoning. the fda tried to get control of the situation and says it needs more enforcement powers for that. it is officially over. for tiger woods. and elin. the lawyers for the two say that as of this morning, they are divorced. and it comes nine months after woods crashed his suv outside the home in orlando. and it was revealed soon after that, that tiger had numerous affairs. and the terms of the divorce, not disclosed, except that the couple will share parenting of their two young children. well, next, a 3-year-old saves the day. how far she traveled for help. all by herself. after her dad collapsed. 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