hall. robert, what is the immediate impact? >> reporter: no one is saying giving the chief this authority will solve the crisis, but the 10-1 vote caps a long struggle to come up with a short-term solution. andy garcia is using statistics as he pleads to council, but bottom line he doesn't have enough officers on patrol. the chief, flanked by other top cops, asked for a determination of emergency to get around state law and give them the power to assign cops to patrol units, including many detectives and supervisors. gar see you needs to redeploy 47 cops, not to solve the problem but to make overtime adjustments manageable. >> to keep my officers safe and reduce, you know, quite frankly some of the fatigue and also keep our community safe, that we needed to do this and needed to do it quickly. >> reporter: the chief got support from many residents who said they don't feel safe, and a crucial endorsement from san jose poa, the police union. >> what number of officers does our department have to reach before it is an emergency? >> reporter: the police union, garcia and the mayor also skofd at a proposal to bring in sheriff's deputies and chp officers. sheriff laurie smith, who coordinates mutual aid responses, sent the city a letter calling the idea nonsensical. >> vote 10d-1 to go your way. what is your reaction? very happy. happy is not the right word. it is not a choice i wanted to make, quite frankly, but a choice i had to make. >> reporter: again, everyone involved including the dissenting voter acknowledge it more long-term problems need to be addressed like recruiting, but the short-term solution will go into effect on shift change september 11. live in san jose, robert handa, nbc bay area news. >> robert. thank you. not far from city hall near the san jose state campus things are getting back to normal after police blew you have a suspicious device. they detonated it in downtown san jose. it happened 2009 the past 45 minutes. police discovered the device after 3:00 this afternoon while chasing a burglary suspect. they shut down several blocks and ordered dozens of people out of their homes and businesses. again, it was near san jose state. no word on whether that suspicious device was actually dangerous. all roads have now been reomd and everyone is back into their homes and condos. >> and new at 6:00, a good samaritan becomes a crime fighter. he jumped into action to help a police officer who was struggling to take a shoplifter into custody. nbc alicia kirchner joining us. you spoke with the good samaritan and the officer. >> reporter: i did. the officer tells me in the year he has been patrolling the streets here of owe rinda, the number of shoplifting incidents doubled. that's what the suspect was doing in the cvs on the corner, and when he tried to outrun the officer a stranger sitting behind me stepped in to help. on patrol. >> we've had a lot of shoplifting from cvs, one that was just the day before. >> reporter: around 11:00 in the morning on august 19th. >> we saw the subject exit the store, act suspicious, cross the street. >> reporter: parked in front of the cvs, an orinda officer tries to stop a suspicious man leaving the drugstore. >> i was able to catch up to him and i got went 10 feet or so, i said, hey, stop or i'm going to taze you. >> reporter: a few blocks away he says the 49-year-old suspect stops in the middle of cedar square. >> i was sitting meeting with a client. >> reporter: that's when private investigator jason dewit happened to be drinking a cup of to havy. >> i saw the suspect swing on the officer and they went to the ground. >> he punched me in the face and once in my right side. >> i jogged over and bent down and said, hey, do you need help. >> i was like, yes, i please. control his upper body. between the two of us, it was probably 20 seconds and he was quickly in custody. >> reporter: quickly getting the suspects in handcuffs before the situation could escalate. >> utilize the taser or pepper spray, baton and, you know, cause more injury to the suspect and, you know, possibly more injuries to myself. >> it could have gotten ugly and, you know, little old orinda could have gotten ugly pretty quickly. >> reporter: in addition to shoplifting charges the suspect is now facing felony charges. by the way, in another twist the two men figure out they actually work at the same state prison in arizona years ago but they never met until now. reporting live in orinda, i'm alease kish never. >> how about that. thank you so much. look at this. this is a view from the international space station of hurricane madeline, hawaii's big island is on hurricane watch. also a tropical storm warning and rain, wind and high surf could be by problems for the hawaiian islands in the coming days. chief meteorologist has been tracking the storm. where is the hurricane right now? >> just off-shore of the big island. as we mentioned, we also have another storm system out here lesser. there's two different storm system also headed to the big islands. the way it looks now they would be spared a direct hit. as the hurricane gets close, some of the outer bands can stretch 200 or 300 miles, and that's what they're getting ready for is impact from wind and also storm winds impacting the island. here is the current track of madeline. we expect it to move south of the big island by thursday and eventually move to sea. the second system we are tracking is hurricane lester, and this one looks like it will be north of the big island by saturday. either way, thursday through saturday are days to watch for rain and also wind. we should stay the track and intensity, a little change could mean a more dire situation for hawaii. so watch closely if you are doing traveling there. another update in about 15 minutes. >> jeff. thank you. former stand forward swimmer brock turner will be released this friday from jail. he is serving half of a six-month sentence for sexually assaulting an unconscious woman. the sentence triggered global criticism. now a new bill aims to ensure any future offender would face a much harsher punishment. nbc bay area's marianne fabros is at the county jail. this is up to the governor. when will he decide? >> reporter: he has until september 30th to decide, but so far he has not signed a bill. this is a law that is supported by the victim in the brock turner case, and right now brock turner himself is inside the santa clara main jail you see here. he will be released on friday after serving three months for a sexual assault conviction, and it is that sentence that has motivated lawmakers the try to close a legal loophole. a jury found former stanford student brock turner guilty of sexually assaulting a 23-year-old woman while she was unconscious. judge aaron persky sentence him to six months in jail, but turner will actually only end up serving three. yesterday the state assembly unanimously passed a bill which would make prison time mandatory for anyone convicted of sexually assaulting a person who is unconscious or too intoxicate todd give consent. state assemblyman evan lowe co-authored the bill and says it closes a loophole that allowed him to get a light sentence. >> we are seeing an epidemic particularly on college campuses, and it is important that we make statements to say if you're going to do the crime you're going to do the time. we are closing a loophole and defining rain as rain. >> the ywca in san jose runs a rain crisis center to assist victims of sexual assault. leaders there hope the proposed legislation will make a difference. >> so few sexual assault cases actually see convictions, so we are encouraged we are strengthening criminal justice response system for survivors. >> reporter: the aclu opposes the bill saying mandatory minimum sentences increased racial disparity with sentences with more people of color going to priszon for more time. under the proposed law there would be a maximum three-year prison sentence for the same crime that brock turner was convicted of. reporting live, marianne beings favro, "nbc bay area news." thank you very much. the judge sparked a national fire form with his sentencing and is fighting off a recall effort. santa clara superior court judge aaron persky is campaigning to stay on the bench. opponents raised about $100,000 and created online petitions against the judge. the judge is reaching out to fellow judges around the state for financial support and endorsements of past work. if it reaches the ballots, voters would see it in november 2017. the passionate and divisive conversation continues about colin kaepernick. the story is shifting to san francisco. the chargers are hosting 28th annual military night on thursday amidst all of the headlines, head coach chip kelly talked about how it is impacting the locker room. >> my dealings with when he is here he is all about ball and he's been great with that. so that's what i deal with and that's how we act, and he's been great. >> reporter: we will be seeing a lot of kaepernick thursday night. he will be starting thursday's game against the chargers. among the high-profile reactions against the debate, hall of fame jerry rice tweeting this. all lives matter. so much going on in this world, can we all get along. i respect your stance but don't disrespect the flag. another legendary agent plethle weighing in. kareem abdul-jabbar. he supports kaepernick. he writes, quote, we should admire those who risk personal gain in the service of promoting values of their country. he was active during the civil rights movement in the 1960s. story is still a hot topic on social platforms. jump in on the conversation on the nbc bay area facebook page. >> back east they call them snow days but around here it was a sewage day that had students missing school. it all stemmed from a plumbing issue. nbc bay area myrrh of michelle roberts. students don't care if it means a day off. >> reporter: a lot of happy kids but frustrating for parents. plumbers were on scene and working to fix the problem. it has not been fixed but not before hundreds of parents had to rush to figure out child care for the day. >> we couldn't have children come to school and not have facilities for them to use. >> superintendent says he cancelled class and all after school programs at west lake elementary after sewage started to back up and flood the bathrooms. >> any time we need to cancel school it is a big inconvenience, not just for staff but for the students. it is a day lost for learning and the routine, and so we took it very seriously. >> reporter: this morning all of the school students and their parents received a call saying classes were cancelled to allow plumbing crews to unclog the backed up sewer system and disinfect the bathrooms. >> we can play. >> reporter: today five-year-old carlos says he had a great day off from kindergarten. meanwhile, hundreds of parents are likely relieved school will be back in session tomorrow. if the problem continues, the superintendent says he plans to bring in porta-a-potties to keep classes in session for the rest of the week. michelle roberts, "nbc bay area news." up next, changing the rules for water wasters. the new law that will target heavy users during a drought emergency. and b.a.r.t. is offering cash to passengers who will avoid peak hour trains. mark matthews in san francisco. how much would it take for you to miss your train? we'll have the story coming up. they said you're a felon. i'm like, i'm what? >> wanted by police. >> did you think you would be arrest sned. >> yes. >> luckily she had an airtight alibi. >> i was giving birth, thank goodness. >> wednesday we investigate a cyber crime that could turn you into a criminal suspect even if you never did anything wrong. >> this is a much bigger thing than people realize. >> wednesday at 11:00 on nbc bay area. we investigate. you're watching "nbc bay area news" with the bay area's biggest investigative unit holding the powerful accountable. nbc bay area, we investigate. well, cash or convenience. starting today b.a.r.t. is offering to pay riders that are willing to shift their schedules to off-peak hours. b.a.r.t. is calling it a perks program and the goal is to easy crowding on trains. mark matthews is at the entrance. i guess the question is are riders going to go for this? >> reporter: it is an experiment starting today, a six-month experiment to see if cash will convince passengers to avoid the peak travel times. b.a.r.t. trains are generally the most crowded during morning rush, 7:30 to 8:30. >> it is pretty crowd. >> reporter: so b.a.r.t. wants to shift riders to earlier or later trains, knowing lots of people probably won't go for it. >> off peak hours wouldn't work for me. >> reporter: b.a.r.t. is shooting for just 5% of its peak period passengers. >> the idea is to try to spread it out a little more than it is now. >> reporter: as b.a.r.t.'s spokeswoman explains, b.a.r.t. got $300,000 from the federal government to offer these cash incentives. here is how it will work. sign up with b.a.r.t., and for every mile you travel you earn a point. if you travel on off-peak trains, you can earn three points per mile. and when you've earned 1,000 points they'll give you a dollar. >> okay. >> reporter: everyone we talked to had pretty much that same reaction. >> a dollar is not exactly that much. >> it is money, it is not a lot of money. it is these micro incentives. >> reporter: it is unclear whether something called a micro incentive will move riders off their trains, but i tried. this is your train that's coming. >> yeah. >> reporter: i'll give you a buck if you miss it. >> no, not today. >> reporter: came back to me too soon. i think she is still laughing. b.a.r.t. says it has $50,000 a month to give away every month for the next six months to try to convince passengers to take part in this perks program. you need a clipper card, you need to be a california resident and you need to have a taste for something called micro incentives. reporting from san francisco, marc matthews, "nbc bay area news." that's the buzz word. thank you, marc. this video getting a lot of buzz about a b.a.r.t. passenger. an oakland man tweeted this yesterday. the video shows someone who appears to be smoking some kind of drug right there on the b.a.r.t. train. the passenger, you might see there, is bare foot and wearing a towel instead of pants. a b.a.r.t. spokesman urges everyone to pick up a phone and call police rather than posting videos online. take extra care while driving on the golden gate bridge. when you are driving through the toll plaza, a live look at the bridge this evening, beautiful, no fog. turns out the drivers are crashing in the toll plaz you more than ever before. what is the solution here? maybe removing the toll plaz you all together. the bring as you might know is cashless. officials are considering only a simple metal structure above the lanes with pass track sensors. >> interesting. the search is on for teenagers who staged a robbery at a popular san francisco shopping mall. the target was a couple working on laptops at the westfield mall. one teenager moved in and distracted the couple. that's when the other swoomd in stealing the woman's computer. when the man chased the teens, a third grabbed his laptop and smart phone. during the chase the man was punched in the face by a fourth teenager. >> took about two hours for firefighters to knock down fires burning on both sides of 280 in san jose this afternoon. crews don't know if the first fire sparked the other one or if they were two separate fires. both were out by about 2:00 this afternoon. no injuries reported. no word on cause. more than 300 firefighters from riverside and san bern ar deena counties are battling this fast moving brush fire. you can see the flames flying through the hillside. the bogard fire has forced 700 people from their homes. burned 500 acres. 5% containment. a good reminder how dry everything is still. >> our chief meteorologist jeff ranieri is here. usually it is in the 90s, but this is such a cool time for us. >> we have seen a break in the temperatures and it will be getting cooler. with fires burn in southern california that's where it continues driest on the drought monitor. you can see across the central valley down to los angeles and san diego, they remain under an exceptional drought. the bay area got some improvement. as you can see most of our area fr from north bay to south bay is under moderate levels of drought except for east bay which ranges from low to also extreme. so we did make some headway. let's hope for another good water year coming our way. all signs are pointing right now to at least an average season. right now outside, a look at the fog that is beginning to build at the immediate coastline. that eventually will bring back fog for tomorrow morning's commute towards san francisco and the peninsula. in terms of afternoon highs on the wednesday forecast, very similar to today. we will have 84 in north bay, san francisco 66, for the peninsula 73, and the south bay expecting 80. if you are doing any traveling, we are looking at some more wet weather towards florida, but right back here in the bay area it is about this trough of low pressure helping to cool temperatures. i will have details on how low it gets in about 15 minutes. >> jeff, we will see you shortly. did you see last night's amazing sunset? we have gotten photos from so many viewers across the bay area. take a look. amazing shots of the sky and sun there. we are posting the photos on facebook page. if you have photos, connect with us on facebook or twitter. >> i noticed it too. stunning. water g water guzzlers be wear. new penalties they could be facing under a new law signed by governor brown. >> the alarm clock goes off and you are off to the races. >> your mind racing about what is in store for the day. >> so you turn to "today in the bay." >> to know what is happening in the world around you. >> to see what the forecast will be. >> to see where traffic will slow you down. >> you will be a bit smarter. >> feel a little more in control. >> and a lot more prepared. for a better start to your day. >> "today in the bay," weekdays starting at 4:30 a.m. every day, the oil companies pollute our air. putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message. tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids. i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at spam.com "waze" carpooling program. happening now on our website, google plans to expand its ways car pooling program. riders pay drivers up to $0.54 per mile which is unlike ride hailing services. we have a list of activities and things to do on labor day. we posted it on our facebook page. more news after this break. >> stay connected to your world whenever the world takes you. get the nbc bay area app. a san mateo resident - frustrated with neighbor's lush a san mateo resident frustrated with neighbor's lush greens lawns around them takes a stand, and the effort was rewarded by governor brown who signed into law new legislation that would give water companies the ability to fine water hogs who ignore drought restrictions. the idea for the law came from the ought to be a law contest where citizens around the state can pitch ideas to improve the quality of life in california. as of january 1, 2017, and only when the governor declares a water emergency, water districts and agencies can impose $500 per day fines for people using water in excess. >> it didn't have a nozzle that shut off at my home, i could get fined $500 for thachlt bup i could use millions of gallons of water, excess of what i was allotted and not be fined at all. >> now every water provider in the state must develop and execute excessive water use policies. also another interesting component of the new law is by establishing the policy it subjects water agencies to the public records act. so that means newspapers, individuals, neighbors would be able to inquire about who the water wasters are. >> for the first time in its 41-year history, the marine ma'amal center is responding to a beached whale. this rare species washed ashore on north beach in inverness this week. nearly a dozen biologists have performed a necropsy, and hope to find the specific cause of death. they believe the whale was hit by a ship. entertainer chris brown is in trouble with the law yet again. after a long stand-off with police, he was arrested after a woman claimed he threatened her with a gun in southern california. you might recall brown was charged with felony assault in connection with a brutal attack on his girlfriend rihanna back in 2009. >> a huge blow to isis. what we are learning tonight about the terror group's number two man. >> big questions tonight surrounding hayward's top cop being place odd administrative leave. i'm jodi hernandez in hayward where some say it is a sign of a bigger problem. what's happening in hayward? a lot of people are concerned -- and right now 6:30. what is happening in hayward. a lot of people are concerned and looking for answers. hayward put its police chief on administrative leave. so far, not many answers. the police department is being tight lipped. >> and as nbc bay area's jodi hernandez reports, some people say it is just one more example of hayward's broken leadership. >> reporter: so far the city isn't giving any information about this investigation, but we do know that hayward's top cop isn't the first high-level city leader to be placed under the microscope, and many here say that's alarming. >> i think the community needs to know when the highest ranking safety official is put on administrative leave. why? >> reporter: that's what many in hayward are asking tonight. after the city placed police chief diane stuart on administrative leave as they investigate a personnel issue. so far the city manager and mayor aren't giving any details on what's behind the move. >> it is a broken leadership, not only is the house broken but the house needs a lot of cleaning. >> reporter: hayward school board member says it is the latest example of the city's failed leader. hayward's school superintendent is also on administrative leave as the school board investigates his role in allowing former 49er ray mcdonald, who hillary clint clinton -- who had been accuse have had sexual assault to speak at a school assembly. last august the city's fire chief nearly lost his job after an investigation revealed he drove city vehicles under the influence. >> it is poor leadership for sure. >> reporter: this woman doesn't know what is behind the investigation of the police chief, but she has some ideas. his ex-husband died while being taken into custody in 2014. she says the number of officer-involved deaths has spike dramatically since chief stuart took the helm of the demt. >> i hope she gets fire snood again, the city is not giving information about this investigation. they won't say how long the investigation will take. in hayward, i'm joeldy hernandez, "nbc bay area news." jodi, thank you very much. more details on chief stuart. she began law enforcement career in 198 of with the san owe hey police department. in 2011 she was the 13th chief of the hayward police department, also first woman to leave the force. she got her masters in criminal justice from boston university. >> money talks. burkely city leaders are offering a $15,000 reward for any information on the city's first homicide of the year. 22-year-old alex goodwin was found shout outside his family's home near burnett and maple streets earlier this among. no suspect information has been released. two men accused have had home invasion and the beating of two elderly men overnight are under arrest. police believe the two suspects and a third man forced their way into an oakland hills home and assaulted a man in his 80s and another man in his 70s. it happened earlier this morning. officers say the suspects stole a car from that home. police tracked down the suspects abo 90 minutes later. the elderly victims are expected to recover. >> isis is vowing revenge for death of this man, al adnani, considered to be the number 2001 of the group. had recording of his so-called lone wolf attacks may have helped to trigger terror attacks in turkey and/ orlando. officials are not saying it was against al adnani. the race for the white house is more of a race. nbc poll finds six points separate donald trump and hillary clinton. in must-win battleground states the race is even tighter. having some problems with that story. we'll try to get back to it in a moment. we will move on though. the nak stad tu of donald trump that was in san francisco a couple of weeks ago probably won't be the honor he guest at a party on friday. that statue attracted big crowds in the castro district. it was one of five installed across the country. san francisco police removed it and say it is evidence in a case of vandalism. investigators say it cost the city $4,000 to remove the clay statue, which was glued to the pavement. the owner of lefty oh' doul's bar says he will repay the city for the amount. one east bay man, darrell lee went to prison in 1990 for manufacturing and possessing crack cocaine. president obama changed his original sentence of 35 years to expire in december. the total number of commutation given by the president has increase todd 673, more than the previous ten presidents combined. >> felons doing time in california county jails could be allowed to vote. a new bill is sitting on the governor's death. the bill would allow some felons as long as serving sentence in jail and not prison to be eligible to vote. politicians may market themselves to prisoners if it is signed into law. >> when people commit that kind of felony, they've violated the social contract. you want a situation where you don't have felons voting for soft-on-crime legislators or soft-on-crime elected officials to try to get them out. >> no word on if the governor will sign the bill into law. a south bay sports staple is closing its doors after a half a century. the batting cages in downtown san jose has been in operation for 53 years. the owner says high rent and ballooning cost to keep the batting cages running are forcing the closure. fannetti sponsored semi pro teams over five decades. >> we have gone through probably 35 guys that end up in the big leagues, doug ferguson with the dodgers, a bunch of them. they all come in to see me. >> it is a pipeline for baseball in the south bay. jerry fannetti says he will stay in the sports apparel business. his team jackets are popular with high school teams and across west coast. >> one bay area man says his mailboxes have been waiting for repairs for several months. "nbc bay area responds" coming up next. also, the reason iphone users want to take apple to court. we'll explain next. they said you're a felon. i'm like i'm a what? >> wanted by police. did you think you were going to be arrested? >> yeah. >> luckily she had an airtight alibi. >> i was giving birth, thank goodness. >> wednesday we investigate a cyber crime that could turn you into a criminal suspect even if you never did anything wrong. >> this is a much bigger thing than people realize. >> wednesday at 11:00 on nbc bay area, we investigate. . you're watching "nbc bay area news" with the bay area's biggest investigative unit holding the powerful accountable. nbc bay area, we investigate. the european union wants to take a big bite out of apple. it has ordered apple to pay billions of dollars in back taxes to the irish government. the eu says ireland gave apple illegal tax benefits more than a decade. it has ordered the country to collect unpaid taxes and interest. apple and ireland plan to appeal the decision. the company says it never asked for received special deals. it says the ruling could damage jobs and investment in europe. some iphone users say they're tired of the defects that plague their iphone screen. they're taking apple to court. they are suing over what is called touch disease. can you see it happening right here. we have experience thd once or twice. the screen becomes unresponsive to touch. some users of iphone 6 and models. the first sign tends to be a flickering gray bar along the top of the screen. the suit claims apple refuses to fix the phones for free even though it is a common and known design flaw. high priced land in the heart of the silicon valley. what is the future of the santa clara fair grounds? several developers are presenting their concept this evening. the county is looking the redevelop 150 acres of the fair grounds into a vibrant community. meanwhile, the carousel sign in san jose took a big step forward into becoming an official landmark. many have been watching it closely. they want to know if it is sticking around. the county board of supervisors gave their thumb's up to keep the designation during the meeting today. the plaza was built in 1953. the new owners say they won't tear down the famous sign as they redevelop the plaza. >> it's been around a long time. >> and people like it. when we first started talking about it we heard from people. >> jeff, how are we looking? >> pretty good right now. we had quite a bit of fog earlier this week, but at point rays right now plenty of blue sky. current temperature 62 degrees, relative humidity increasing as moisture begins to build with the cold california current that fuels that fog. yes, fog will be coming our way. right now in the outer sunset, 61. full forecast in a few minutes. the u.s. mail, a dinosaur to some but a life line to others. when mailboxes go unrepaired for four months? nbc bay area respond. i'm consumer investigator chris chmura. that's next. nbc respond, recovering more than $100,000 to bay area consumers. if you want help, call us or visit nbcbayarea.com respond. nbc bay area respond to people having trouble with mail delivery. not e-mail, we are talking the old fashioned snail mail. >> which i still love. think it dates me. >> me too. >> consumer investigator chris chmura is here to hoe how he helped out. >> some people need it, you know the things called bills that come in the mail? that's the issue here. rewind a little. back in late june we responded to san jose condo owners whose broken mailboxes sat unrepaired for six weeks. we called the post office and shortly thereafter the mailboxes were repaired. the postal service explained it had a backlog. that very story right there prompted archy toledo in vallejo to write us about a similar but far lengthier situation. he says he and his neighbors have been waiting four months to get their mailboxes repaired. in the interim everyone is forced to go to the post office on their own to pick up their mail, when they can squeeze it into their schedule. we reached out to the postal service again, and the post office quickly fixed those mailboxes. this time a postal service spokesman gave us a little more detail about the backlog. he said we are working as fever issuely as possible to get all repaired, but with more than 100 boxes in the queue we have to rely on current inventory of parts and putting in emergency orders for parts we don't have. archy said, i am certain without your help it would not have gotten the attention that it needed. thank you, nbc bay area. you are welcome, archy. if you have a consumer complaint, doubt have to mail it. call us. you can send us an e-mail, too, but you can call 888-996-tips or go online to nbcbayarea.com/respond. once you get there you can click on the yellow bar that says submit tips and you can fill out our complaint form. tell us your story, add atashment like papers, photos and videos to help make your case. you don't realize how many bills you get in the mail until you have to pick up that stack when you are trying to work it into your schedule. we heard it both times. people claimed they fall behind on bills because they had to pick these up. >> and when you call to explain, they don't care. >> sure, your mailbox is broken. >> thanks, chris. >> can you pay the bills for us next time? >> magic wand. >> i want the phone number again. stanford is now a no-fly zone for drones. the university banned the use of drones over campus. sanford said drones could jeopardize the safety of helicopters that fly into the on campus hospital. researches and students can fly drones on campus if they apply and get special approval. pizza lovers may be trading in phones for re-motes when it comes to ordering pizza. this is papa john's digital ordering app for apple tv. this those who order through the app get a 25% discount. papa john's is the first restaurant to launch an apple tv app. it is cruel punishment to do a pizza story right before dinner time here. >> i know imof. i'm sorry hungry. >> can we do it right now? >> if only, yes. >> pepperoni, black olives, extra crispy, thin crust. >> papa john's, you listening? >> i know a lot of you like to order up cooler weather as we head into august because it is so rare to get some of the weather we have experienced lately and it has been beautiful. a live shot of oakland. it looks magnificent tonight. downtown skyline. it was a comfortable day there, really some of the best weather through our downtown with high of 74 degrees, relative humidity 63%, dropping into the 60s as seen as the next hour. by 1:00 temperatures down into the low 60s with areas of patchy fog returning. that is really the thing we will see for tomorrow morning, temperatures in mid-50s, nothing we can't handle here. north bay at 55, san francisco 57, milder for east bay at 63 and begin in the south bay at 61 degrees. microclimate forecast doesn't see large changes at least in temperatures tomorrow. will go down a degree or two. that will put us in south bay at 78. tlou the peninsula, half moon bay, cool ocean air, 62. palo alto, menlo park, mid-to upper 70s. across san francisco, warm in the financial district and then back to the marina 65 degrees. north bay, east bay and tri-valley will be warm, near average in the tri-valley. 86 in danville, also looking at 84 in livermore. for the north bay, napa 85 degrees. the cool ocean air starting to filter into mill valley, and that will put us at 77. i do want to take you where we may experience travel delays if you are traveling across the continental u.s., that is through florida. we have tropical deappreciate 9, winds of 35 miles per hour. this eventually will be moving across florida as we head into thursday's forecast. really tomorrow and also on thursday expect some of the wettest weather here in northern florida and possibly some delays in jacksonville and also for tampa. now, back here at home we do have some bigger changes coming our way thursday, friday an also saturday. this big trough of low pressure, which is mainly centered in the pacific northwest, will gradually drop cooler air across the bay area and start to drop our temperatures. i'm sure you have notice odd the scrolling seven-day forecast. with cooler air moving in it may have you thinking about september and what are our chances of rainfall. let's look. you can see for san jose our chances begin to start to increase for the entire month of september we average 2300-. and 56.7 for the low. let's take you into the extended forecast in san francisco. we have a string of 60s all the way into next monday, possibly 70 by next tuesday. we will see some upper 70s by thursday's forecast inland, by friday 80. stay with low 80s into the upcoming weekend. that's kind of a bay area pizza with all of the toppings. >> all right. >> still thinking of pizza. >> i'm right there with you. i know it. thanks, jeff. >> let's get to colin resch. >> reporter: golfers who bailed on the olympic, colin kaepernick and the american flag. my conversation with the always-candid johnny miller. that's next. at nbc bay area we're driven by one phrase, we investigate. >> we investigate the powerful and hold them accountable for you. >> four years, 400 investigations and counting. count on the bay area's biggest investigative team to tackle big problems and issues that affect you. >> we've investigated billions in public money. >> our stories have change numbed russ laws and policies. >> and we've recovered millions of dollars. >> real results, real excellence in journalism. >> but you know what we're most proud of? >> you. >> us. >> together we are making the bay area and beyond a better place. nbc bay area, we investigate. guess who';s back in the headlines? this time...it's not bad. olympic swimmer ryan okay. guess who is back in the headlines? this time it is not batd though. olympic swimmer ryan lochte is hanging up his speedo for a pair of dancing shoes. that whole gas station issue in rio is behind him. as rumored, he is joining "dancing with the stars." he is paired with cheryl burke from atherton. >> how about that. that will be fun to watch that. if you want an opinion on something, legendary golf announcer johnny miller is probably one to ask. >> he is never one to hold back. miller, who grew up in the bay area, spoke to colin resch about everything from colin kaepernick to the olympics? >> i know you were candid with the guys that didn't go. >> you know, i sort of took a little shot at the press talking about the zika virus and all of the problems with, you know, crime and everything else down there. i never did see one mosquito. of course, i got a little on the managers who, you know, they weren't playing for any money so the managers aren't making anything. they're sort of telling their players, don't go down there with the veeckzika. i know spieth feels bad he didn't go because once he watched he said, i should have been part of it. by the time they get around to tokyo in four years, i think it will be ramped up and it will be as valuable as winning a major championship. >> this is obviously a huge subject that's gone national and i was covering the 49ers a lot and colin kaepernick sitting out the national anthem. is there any discussion you've had with people in the golf community or your thoughts on it in particular? >> it is just one of those things that you sort of wonder why he would do that. it is not tough to stand up. if you want to say something to the press or whatever, but you're asking for a little trouble when you disrespect the flag, you know. so i don't understand why he did it. i would like to talk to him and see what he was thinking about, but wish him the best, but that was sort of a double bogey. >> last question for you. do you enjoy comentating as much as you do when you were a player. >> this is my 26th year with nbc and announcing has been good. i'm about ready to hang it up in a couple of years. >> are you ready? >> i think so. >> this is an exclusive, telling me something people don't know? >> i'm going to be 70 next year, so -- >> 70 is the new 50. >> 70 is the new retirement year. no, just kidding. we will see. i take it one year at a time. they might talk me into another year, but we'll see. >> thanks. take your time. don't go. he is bay area legend. coming up at 11:00, he was one of oakland's biggest drug king pins and he is about to be on the street. finally tonight, science has confirmed what dog owners have known for years. your dog does understand you and the words that you say, even if they don't always obey them. now, here is how they figured it out. researchers in hungary trained dogs to be very, very still in the mri scanner. trainers then spoke to the dogs saying sing song things like "good boy," then in a neutral tone good boy. the brain scans would light up in the appropriate regions indicating dogs understand both versions. of course, sometimes they don't listen, like drop it. >> or put that pizza back down from the counter. >> right. that sort of thing. i think i trained my dogs the wrong way. they're very good at sitting right there. >> we know our resident dog whit perrer in the news room is. >> i do love dogs. >> look at her facebook. >> i do. it is official. >> thanks for joining us here at 6:00. have a great evening. >> good night. now there's a better way to solve your consumer problems. introducing nbc bay area respond. call 1-888-996-tips or visit our website. we respond to every call, every e-mail. nbc bay area, we investigate. join nbc bay area at redwood city's music on the square. make a date to enjoy the free concert series. to learn more visit nbcbayarea.com. ryan lochte's new interview and he's playing the blame game. >> it's been dragged out way too long. >> who he's calling out now on "extra." ♪ ♪ ♪ ♪ is "dancing with the stars" olympian ryan lochte's last-ditch effort to save his image and his career? >> i did lie about that one part. >> we are behind the scenes of his big-apple confessional. the incredible shrinking oprah. >> you need to stop, by the way. >> no, no. i'm not going to stop. >> how much weight winfrey's lost and the sexy scene that's giving her ideas in the bedroom for stedman. >> ah, come on!