called a hero. we have the video. at the time of the incident, riding a jet ski at maverick's illegal. our jean elie following the story from the world's most famous surf spot. we have a man in the hospital and this controversy with the jet stki. what's the latest? >> reporter: this california surfer got caught under a mountain of water this weekend. a rescuer on a jet ski pulled him from the water. and tonight his family says thos menth and that jet ski savd his life. >> he has responded now. this we just found out. we asked him a question and he put a thumbs up. that's really good news. the next couple hours is the most critical. >> reporter: bobby says his brother, jacob, wouldn't be fighting for his life if a photographer on a jet ski hadn't pulled his limp body out of the water at maverick. filmmaker eric w. nelson watched a mountain of water surprise surfers on saturday. >> the boards are about ten feet in length. this wave was probably 30 feet. some of the guys got caught. >> reporter: nelson knew something was wrong when he saw a surfboard floating toward the rocks. his filming partner wasn't on a jet ski shooting because with only a high surf advisory in effect, they're not allowed. >> because of the noaa ban on wave runners, curt didn't go out. the gentleman out there, an a australi australian, didn't know it was against the law. >> reporter: it was a life-saving mistake. when russell saw jake in trouble, he zipped in and took him to shore. >> i've been held down for two waves out there. and it's not a walk in the park. you know, you're fighting for your air. >> reporter: maverick founder jeff clark says jet skis at maverick are a life line. >> i've done more rescues of guys, you know, blown acl, lost their board, caught in a rip, in the rocks, go and get them with the jet ski. >> reporter: his brother is grateful someone was there to help. >> he had no pulse when he was on the beach. thank god for those people, you know. yeah, they brought him back to life. >> reporter: now, trent is listed in critical condition tonight. now, jet skis are allowed at mavericks when a high surf advisory bumps up to a high surf warning. but tonight surfers say it's time to talk about changing that rule and allowing jet skis when surfers are out. reporting live, jean elie, bay area news. >> that jet ski law stretches down to monterey. to san jose. an emergency meeting tonight. it's all about a dramatic increase in violent crime. a once quiet neighborhood is reeling in the wake of a series of gang-related shootings. but tonight the pd is helping neighbors take back their streets. but understaffed and overwhelmed, officers say they're the ones that need help as well. our george kitiyama is live with more on what's happening. >> reporter: frustration is probably the best way to describe how people here feel about the rash of violence since the new year. and the police, they're frustrated, too, because budget cuts have made it more difficult for them to patrol all parts of san jose at the same time. family and friends of 18-year-old hugo gutierrez stood on story road asking drivers to donate money to help pay for his funeral. gutierrez was gunned down in front of the restaurant last friday night. he was the city's seventh homicide in the first three weeks of 2011. >> he wasn't only my brother, h was my best friend, my hero. i'm going to miss him. >> reporter: neighbors are trying to make sense of all the violence that's hit their area in the past few weeks. >> kind of worried. >> reporter: miguel moved to this neighborhood three years ago and said it was calm. but now -- >> for the last two or three months, it's been kind of violent and gangs. >> reporter: that concerns him who has a wife and an 8-year-old boy. he's actually thinking of moving because he says it's not safe. >> i used to see a lot of police officers here. i mean, i can come outside with my kids. i'm going to think about it right now. it's unsafe for my kids. >> reporter: we talked to george, the president of the san jose police officer's association tonight. he says in addition to the budget cuts that it's preventing more officers from patrolling the yaarea. he says the elimination of the crime enforcement team has hurt. >> gang violence still don't get me wrong, but it's not going to be able to focus 100% attention on it as it once did in the past. >> reporter: now, think about this. ten years ago there were 1,365 police officers here in the city of san jose. today 1,250 officers. so that's 100 fewer officers here in the city of san jose. we're live here. george kitiyama. bay area news. >> those numbers are alarming. in the east bay, it's been a dynamic few weeks. international attention from oakland's first ever asian mayor and a visit to the white house just a few nights ago. but now it's back to the streets, literally cleaning the streets. the mayor talked about her plans at middle college tonight. her fans in east oakland. she started cleaning up parts of the city weeks ago. how much does it help? about seven tons of garbage was picked up. she's convinced she can improve east oakland with the community's help. >> i've learned from past experience that if i can help the neighbors meet each other and organize and if the city will will meet tomorrow morning. new at 11:00, laser focus. a san jose man in custody tonight after pointing a laker at a small plane taking off and then pointing it again at the police chopper searching for the suspect. cops responded to the area near reed hill airport around 6:30 tonight and located the suspect when he went. experts say it temporarily blinded pilots. san jose already tied for. inch in vallejo, police are looking for a man who they believe is armed and dangerous. he's the second suspect in connection with a murder. here's the description. authorities looking for a 27-year-old hill who also goes by the alias tito le flare. he's 5'11" with black hair and brown eyes. he's wanted for saturday's shooting of a woman in a parked car in vallejo. once again, he's considered armed and dangerous. you're urge d to call the polic as soon as possible. we are welcoming you to our new state-of-the-art studio, as you can see around us. what do you think? very nice. new digs. >> new digs. a lot of changes. and i've changed seats sseats. >> yes, you have. bauj making thhappy to have you here. i know you're a music junkie. >> no. >> i'm kidding. >> i agree. >> you and me will be like thism distracted not only behind the wheel but on the sidewalk also. cops not only going after drivers, they may start going off pedestrians as well. >> nobody's above the law. and we need to make sure they pay those fines. what we uncover that has those giving free rides. >> it's a story but not the whole story. it's our story. >> it's a national story. from their house to the white house. see the local. inch jeff ranieri. temperatures mid to upper 40s. tonight getting cool in the tout bay wi today and who could be warmer. jobs, jobs, jobs with a. for bipartisan cooperation and a little civility thrown in. that's what's expected to dominate president obama's state of the union address tomorrow night. fresh off a new burst of popularity, the president will try and reassure all of us americans that getting us off the couch and back to work is his top domestic priority. and a local couple from santa cruz will be scooping up some of that national attention, too. nbc bay area's cheryl hurd is life in oakland with what the speech means to a lot of businesspeople that are going to be listening closely to what the president has to say. >> reporter: very closely, jessica. can you imagine picking up the phone and having the vice president of the united states talking on the other end? well, it happened to a couple in santa cruz. and business owners here in oakland are listening to the vp's message. >> hey, zach. >> hello, mr. vice president. >> i'm sitting here looking at this video. it's awful good, man. this ain't your usual youtube little deal. >> reporter: vice president joe biden is referring to this youtube video. the owners of the penny ice creamy put together. it's a two-minute video that shows how owner zach davis and kendra baker's investment trickled down to other vendors, contractors and even u.s.-made equipment. two years ago, the owners wanted to open the shop selling ice cream made from scratch, but it was hard to get a loan until the federal stimulus bill gave the small business administration a boost. >> i wish, you know, five months ago we had you traveling the country with me, making the case on our recovery act because it's one of those things that really has had a dramatic impact. >> reporter: the vice president told the owners how their success served as an example for other first-time entrepreneurs. frederiqueco is one of those first-time business owners on piedmont avenue. he opened lush about a year and a half ago. >> we opened right after the whole crisis. >> reporter: right now he says business is pretty good. he says the penny ice creamery story gives him hope that he will be able to stay in business. >> we're getting busier and busier. with very little resources. >> reporter: he hopes federal funding will come his way if he needs it in the future. he says stories like the one out of santa cruz will help others. the vice president invited the couple out of santa cruz to washington, d.c., and they'll be there tomorrow probably sitting alongside michelle obama. and that couple, in turn, invited the vice president to santa cruz. no word on if he took them up on their offer. live in oakland, cheryl hurd, nbc bay area news. >> let's hope he pays a visit for an ice cream. for in-depth coverage and analysis for tomorrow, we invite you to keep it here on nbc bay area. first at 5:00, we'll have a preview of president obama's address. then at 6:00 "nbc nightly news with brian williams" will broadcast the speech live from our nation's capitol. then at 11:00, we'll have highlights and analysis and break it down. the newest batch of rules. a little while ago, it was no texting while driving. now no texting while walking. the texting police want you to focus when you're out and about. lawmakers in arkansas and new york -- so it's not in california yet -- >> not yet. >> it's coming -- arkansas and new york have proposed restrictions on use of electronic gadgets while walking or running on city streets or walks. the proposed ban would also prevent pedestrians from wearing headphones in both ears, but they can use one earpiece. the idea is to highlight how distractions can be a real dangerous. >> no texting while chewing gum. the rule is traffic laws are supposed to apply to everybody, but do they always? turns out more than 1 million public employees and their families have access to a special program. >> yeah, and it makes it almost. it's a fast pass with a whole new meaning. vicky nguyen tells us about a law used to protect police officers but is now being used. >> reporter: imagine if you could run red lights and blast past toll takers without paying the cost of a single ticket. technically you can. the dmv doesn't list a home address where the ticket can be sent. >> there is no doubt that there are more than 27,000 unpaid tolls with confidential plates. the bay bridge and carqinas went through hundreds of times. at an average of $5 plus toll plus penalties, that's more than $8,000. >> well, for some people, yes. >> reporter: the program started in 1978 to protect police officers from retaliation, by not listing their home addresses with the dmv. but since then the program has expanded. state workers from 1800 different agencies can apply for these plates. from state lawmakers and court personnel to museum guards and park rangers. in all, 1.5 million people on the road with protected plates. >> i feel like getting ripped off. >> reporter: when these toll dodgers are found, they often pay just a fraction of what they owe. thanks to a backlog at the dmv and negotiations with the toll agencies. in one case, spun who skipped the toll, 242 times, paid only $29 to settle up. that's just 12 cents per violation. not the $5 you and i spend when we cross the bridge. >> it's another loophole that someone's taking advantage of. >> we want to close that loophole. >> jeff miller is introducing a bill targeting the dodgers. it would require everyone to list a specific work address. >> nobody's above the law. we need to make sure they pay those fines. >> reporter: but there is a simpler, less bureaucratic solution, eliminate the law. >> i think that this law has long since passed its youthfulness. protecting everyone's privacy no matter who they work for. vicky nguyen. >> a great story. it's just a fraction of people that are abusing this, but it's costing the state hundreds of thousands of in lost revenue. >> that's the way it always works out. as a minority. let's turn they every things over over to jeff in the weather center. >> record heat here across the bay area today. temperatures, five to ten degrees above average. santa rosa airport hitting 69. also a record in concord with 67. napa, also a report with 65. some other warm spots, los gatos with 72. downtown popping up to 71. and even close to 70 here in livermore. tonight we're still holding on to some of this rare and unusual warmth across the bay area. right now 47 in livermore, 48 in sunnyvale and temperatures in the low to mid-50s from san mateo up into san francisco. for tonight, we're going to find areas of patchy fog. it's not going to be widespread throughout the north and east bay bp for tomorrow, more sunshine coming back. it's now 11 days and counting of no rainfall here across the bay area. there's plenty of action out here, as you can see on our pacific loop. but it's all continuing to push to the north into canada, washington and oregon. however, there is a little sign of this breaking down at least by day seven or eight. however, for the next 48 hours, more record highs. mid to upper 60s inland. of course, we'll be getting the kids up early, getting yourself up early, we'll find patchy fog and temperatures near 40. the sun comes out around 10:00 or 11:00 in the morning. 43 in los gatos. and expecting 41 in santa rosa. numbers for tuesday, now that we're over this hump of a monday, near 70 in morgan hill. 68 in san jose. also expecting more 70s for those of you in los gatos. east bay, 67 in dublin. 68 in livermore. and for the peninsula, close to 70 degrees yet again. we'll find patchy fog inland once again for fairfield and concord. so not quite as warm there with mid-60s and close to 70 once again in the north bay. now, as we reveal our seven-day forecast on this new set and the new way to show you, we're going to bring it full screen so you can see everything absolutely crystal clear. and as we head throughout the next seven days, it stays dry and sunny. and about 10 to 15 above average. while it's not hot, it is rare and unusual. but take a look at this. yes, by sunday, some of the models are hitting up possibly a few showers in the north bay. so we're going to have to watch out for that. but -- >> i'm not going to think about that. i'm only going to think about the next five days which look glorious. >> jeff was so excited about our new set, at 6:00, he kissed the set. >> would you like to see it again? >> aren't you excited about having raj with us, too? that's what i'm excited about. >> it's nice to have you here, raj. >> i want to be closer with you. >> oh, okay. >> so much love to go around. well, coming up, bret michaels rushed to the hospital for a life-saving procedure. coming up, we'll let you know how the rocker is doing. 00 shift your weight forward onto the left foot. take the right leg up, holding the inner arch of the foot... introducing instant action alerts, only from chase. left arm up... manage your account and help avoid overdrafts with a click of a button. just reply to the alert with how much you want to transfer. inhale, all the way up... so you always stay in balance. ...to crescent pose. chase what matters. just four more times. ♪ wo you look great! thanks! it's this new wish yourself thin pgram. i just wish it and it happens. it's probably those fiber one bars you're eating. i know they help me stick to my diet. the bars are 90 calories and the fiber helps you feel full. 90 calories and high fiber. so that's why this diet thing is working. but it's weird because my wish for lorenzo came true. [ male announcer ] fiber one 90 calorie bars. hungry no. results yes. rock star and reality tv star bret michaels is in the hospital recovering from surgery to close a hole in his heart. a surgical team in phoenix performed an intricate procedure. it's actually inserting a catheter and then inserting a closure device into his heart. the device will stay in permanently to stop abnormal blood flow between the two chambers of michaels' heart. doctors say without the procedure, his risk of developing a blood clot and an additional stroke. doctors discovered it in april while treating him for a brain hemorrhage. >> he's had a tough time recently. the warriors hanging with the league's best and the oa d.l lawrence is up next in sports. [ male announcer ] myron needed an mba to turn his technology into a business. so he chose a university where the faculty average over 14 years of experience in their fields... to help him turn a thesis into a business plan and accelerate the path between ideas...and actions. my name is myron sullivan, i'm developing a robotic system to clean up oil spills, and i am a phoenix. [ male announcer ] imagine what a business degree can do for you. with six bay area locations, one is closer than you think. good evening. san antonio has owned the warriors over the past couple seasons. they came in tonight having beaten golden state ten straight times in a bit of a scare for the spurs in oakland. their star big man, tim duncan, went down awkwardly on his knee in the second quarter and left the floor in considerable pain. but he would return. third quarter, monta ellis still making the case for an all-star part. jam, part of a 25-point effort. the man from jackson who loves fishing. but number of of the momentum killers. just not enough momentum. going for the warriors. david lee scored a season high 31 points. and as the nation chatters about jay cutler, no tweet, no great two mcl sprain, just a stead from 16 from duncan as the spurs win, 113-102 at the start of what's an eight-game home stand for the warriors. yesterday, he was named the finalist for the nfl's man of the year award which is mostly for community service. we know he's a great guy, yet once again being honored for being one of the league's best players. he's a free agent. and now a two-time all-pro joining a punter. just one member of the niners selected. this comes as little surprise. patrick pill lis making ha new record. sharks, well, and their fans will take any decent life these days. starting to become a morgue, yet things seemed to be track on track just a bit. they've got their chins up. a four-gatight playoff race. 10 of their 13 games in february are on the road. it's a good time to get on a roll. >> it's a good feeling. you know, we have been playing better. you know, we've got a little streak going here. we've got one game left before the all-star break. so we'd certainly put four quality games back, you know, together, and we've got another big, huge one before the break. several things you have to see before go to bed. the australian open, the thunder there down open coming from roger federer's opponent who can't stand losing, takes it out mcenroy style. the raptors' mascot, former steelers' running back jerome bettis lays into him. if you've been wondering why the wizards are winless on the road, perhaps the fact that they can't get t