but as you can see, they are still locked. the question is now if or even when these gates will be reopened. >> reporter: the appeals court ruling ordered tech billionaire vinod khosla to open the gates on martins beach road and give the public full access to a beloved stretch of the san mateo coast. elaine lund and joanne butterfield returned today to celebrate joanne's birthday with a beach picnic but couldn't drive in because the gate was still locked. >> last night we were very, very excite to come down because the gate was going to b we're bothered. r. weve be just walked to check it out and, um, we're surprised that it's not open. >> reporter: khosla owns the $32.5 million beachfront property and has been locked in a legal battle with advocacy groups liar the surfrider n'undation to open the road as s

t surpriserid the gate is still closed. >> the gate is closed, the court's ordered required it to be open. and i -- i don't expect that to change, unfortunately, until they are done continuing their fight to keep the public out. >> reporter: it may end up in the california and/or u.s. live in a small enclave emnesuar ure t.the peopbeach and have the access code drove up and on wn thenot oad. against public access. >> as long as people are responsible, they're welcome is the way i look at it. so, you know, i'm kind of feeling that the ruling is probably all right. >> reporter: but beach-goers who simply walk around the gates and down the lane for a quarter mile say the public is . l for stsingpeople with disabilities or older generation who can't walk that distance and i mean, it's like a steep hill coming back up. so they have no access to it. >> reporter: now, mr. khosla faces a potential of thousands of dollars in fines for every

day that these gates remain locked. but so far there is no response. in fact, we have not gotten a call-back from mr. khosla's attorneys. len ramirez, kpix 5. couple of wildfires to tell you about this afternoon. the first is burning out of control in napa county right now. chopper 5 showing us the smoky an charred hillsides. this is near lake berryessa. it started on highway 128 near knoxville road. some evacuations are in place for people near turtle rock and a winery. they are calling this is canyon fire. more than 100 firefighters are on the scene right now. we spotted cal fire chopper and that plane making drops over the fire. this is a rural area but there are some homes scattered about. several roads are closed as totn fi cre into position. live look now from chopper 5. this time, there are -- here are the latest numbers. that fire burned about 100

acres and is only about 10% contained. another brush fire prompted road closures in the south bay. this one started about 2 hours ago in morgan hill. passing drivers posted these photos for us showing flames right next to hale avenue. that fire has now grown to 100 acres and is only 5% contained. drivers are being told to avoid stretches of hale and sunny side avenues and the vta has rerouted at least one bus line. president trump is directing a fresh round of warnings at north korea. >> this is something that has to stop. we all feel that very strongly. i will be speaking to president xi tonight. >> after meeting with his secretary of state and u.n. ambassador, he addressed the issue. allen martin reports. >> reporter: liz and ken, today the president made a series of stern statements on north korea verbally and on twitter. they appear to be designed to

get the north to back down and other countries are urging a peaceful resolution. president trump says north korean dictator kim jong-un will not bully the u.s. >> this man will not get away with what he is doing, believe me. we'll either be very, very successful quickly or we're going to be very, very successful in a different way quickly. >> reporter: the president defended his tweet from this morning saying that the u.s. military is locked and loaded if north korea acts unwisely. >> i hope that they are going to fully understand the gravity of what i have said and what i said is what i mean. >> reporter: north korea is promising a nuclear war if the u.s. strikes first. [ non-english language ] >> reporter: that kind of rhetoric prompted russia's foreign minister to say he believes the risk of a military conflict on the korean very hi moscow wants the u.s. to stop its annual military exercises with south korea if the north will halt its missile program.

john dickerson told me today, that could be the key to ending this standoff. >> the fact that the u.s. and south korea are about to go do something, um, that is military in nature and that is threatening allows a possible chip that can be bargained in the course of a negotiation. >> reporter: the military drills are set to begin august 21, about the same time north korea says it will be ready to launch missiles toward guam. north koa is threatening to launch four ballistic missiles targeting the water around guam. the plan is awaiting kim jong- un's approval. >> if he does anything with respect to guam or anyplace else that's an american territory or an american ally, he will truly regret it and he will regret it fast. >> reporter: president trump announced he will return to washington on monday to hold his first major press conference since february. he didn't say exactly what he

plans to discuss. one more note. the stock market bounced back today after a sell-off thursday blamed on the north korea crisis. modest gains for the dow, nasdaq and s&p. san jose police announcing a big break in the case of that liquor store owner who was shot and killed during a b robbery. police say they have arrested a 21-year-old man yesterday in merced. he has been identified as muniunmee hendrix. and he is behind bars tonight. the store's owner hieu ly was at the end of his shift monday night when that suspect entered the liquor store in an attempted armed robbery. ly was killed while trying to protect his wife from the gunman. police say the suspect had a criminal history and was on probation for possession of an illegal firearm. >> during our search, detectives recovered clothing and a handgun that we believe were used in the commission of this crime. >> a vigil for the victim will be held tonight outside the

family-run liquor store. bart police are looking for the men behind a violent robbery outside an east bay station. they say two men attacked a rider last night in the ashby parking lot in berkeley, knocking, punching and kicking him before stealing his backpack, wallet and watch. medics transported the victim swelling and cuts. h facial as police try to crackdown on robberies and assaults, they are trying to stop fare cheaters. bart police say they issued 238 fare evasion tickets in july. the problem causes the agency $25 million a year. >> we're cracking down and the free ride is over. >> bart officials say cracking down on fare evasion helps reduce other crimes. 11 fare cheaters were arrested this week, most of them for outstanding warrants. a court hearing in san francisco clears the way for a murder suspect to be sent back

to chicago. a nationwide manhunt for him ended here in the bay area. andrew warren and the other suspect in the case, former university professor wyndham lathem have both agreed to return to illinois. kpix 5's susie steimle has foll brutal stabbing since last week. susie. >> reporter: well, liz, chicago police confirm today the victim in this case was stabbed more than 40 times. the more we learn the less we know about one of the key suspects. andrew warren appeared in the san francisco hall of justice today. he is a question mark in a murder case that captured international attention, andrew warren a financial officer at oxford university appearing in a san francisco courtroom today accused of killing chicago cosmetologist trent cornell- duranleau. his relationship with the victim is unknown.

his relationship to wyndham lathem, the other murder suspect, also unknown. they fled e acro ss the country, led chagpolice o,o eight-day manhunt and turned themselves in to auin the bay area thories one week a today. >> he waived extradition and will be going back to illinois as soon as possible. >> reporter: wyndham lathem did the same in court on monday. they will go to chicago for trial. 26-year-old cornell-duranleau was found inside lathem's apartment brutally stabbed to death. them and cornell-duranleau were in a relationship. warren arrived to the united states just three days prior to the murder. we spoke with lathem briefly in his jail cell where he demonstrated clear thinking and apologized to fodivulgr e much information about the case. lathem's attorneys have consistently defended his character. >> what he is accused of is totally contrary to the way he has lived his life. >> reporter: today warren's attorney kept things procedural. >> i just want to remind

everyone that he is presumed innocent. >> reporter: police say these area because wyndham lathem has friends and family out here. friends and family did attend his court hearing on monday. no one showed up for warren today. live in san francisco, susie steimle, kpix 5. former mayor of stockton is taking a plea deal in a case involving a game of strip poker at a youth camp. anthony silva pled no contest to providing alcohol to a minor at his amador county youth camp. earlier he faced charges that he secretly recorded a game of strip poker there in 2015. under this plea deal, silva won't face any jail time but he was ordered to perform 40 hours of community service. silva is still on trial in stockton for charges that he stole hundreds of thousands of dollars intended for a youth club. tesla is working on a major expansion of its factory in fremont. an automated storage facility

is already taking shape and two other additions are in the works. tesla is ramping up to try to meet ambitious production goals. the entire expansion will cover more than 4 million square feet. nearly doubling tesla's footprint in fremont. city leaders signed off on the master plan at the end of last year. >> they currently have about 6,000 employees and i believe about 1,000 work in -- live in our city and, um, they are hoping to add a couple of thousand more. so i'm looking intthat opportunity. i believe there will be roughly around 10,000to is what they said. >> the mayor says the expansion should be done within a couple of years and tesla says next year it wants to increase production fivefold. it is a fresh start for the 49ers. >> the team kicks off the preseason on the road against kansas city chiefs right here on kpix 5 in about 50 minutes. our sports director dennis o'donnell has a preview from

kansas city. >> reporter: hello, ken. hello, everybody from arrowhead stadium. the 49ers and chiefs with a new era. hana sn e quarterback. this is a reunion for both the l quteand in 2014. and really they turned that offense around. they are hoping for the same thing tonight in their reunion. >> kyle knew you and wanted you hear. that's flattering, is it not? >> it's a good feeling. it's always good to feel wanted. when i knew the 49ers wanted me to come out here, it was a gut feeling. i didn't want to pass on the chance to play with kyle again. i think i have really grown since the last time that i was with them. i think being able totlantad e c him s offense evolved, eeit was something i was really excited about. >> reporter: this is a hugefor po opthe first time he has co

to a camp where he was named the starting quarterback at the beginning of the camp. it's an opportunity for him to solidify his position and maybe be the present and the future at the quarterback position. now, i don't know about you guys, ken, am jacked out of my mind! we're ready to kick off the 2017 nfl campaign. >> he's ready! >> nice to have football back. uber trying to sweeten its image. could free soft serve give them a needed pr boost? >> a woman plunges seven stories from a parking garage and survives. the heart-stopping near miss in an alley.

today, the ride sharing company

tried to boost its image with... ice cream? kpix five's emily turner on behind the sof uber has been taking a public relations beating recently and today, the ridesharing company tried to boost its image with ice cream. kpix rntuer on what's behind theoft serve 5'prs . ily emily reporter: you know, liz, who doesn't like a little bit of ice cream, especially when it's free? they called it quits at their last stop here in the marina today, but the question is this: is the stomach the way to a customer's heart? technically speaking, it's a promotion for ubereats and a new spin on their annual ice se in publicity, today's even is t a ploy to win back the public's favor. >> uber's faced a whole series of scandals this last year and they have just lost their ceo. and they continue to face public scrutiny. so teaming up a onomotion wielo mcdonald's is probably not a bad idea. >> reporter: public relations consultant sam singer says it's a way to speed en the company

image hoping a little extra soft serve will soften the hardened hearts of rideshare users who have jumped ship in the last year. rider shipp in each of the company's top markets has declined 8% here in san francisco according to consumer spending analytics company txm solutions. >> this is just the next promotion to promote ice cream and the service line. >> it shows they are trying to make an effort. they know they are in the dumps when it comes to public opinion and doing something that's free that involves ice cream that involves a brand name iconic fast food company, it's going to be helpful to them no matter how down they might be. >> reporter: so what does ice cream do to uber's image in your mind? >> doesn't help. doesn't help. >> reporter: but you'll take the free ice cream? >> yes. if uber wanted to do something, they will go out and enforce nondouble parking, enforce courtesy.

give us a break. it's terrible out there. >> reporter: free ice cream usually would be good. but this overall campaign, well, it has mixed reviews. if you look at social media today, there were a lot of disgruntled users who could not get ice cream delivered to them. so to smooth things over, ubo k keepsake cone if they couldn't get to them. in san francisco, emily turner, kpix 5. >> golden gate bridge district is firing back against a couple of daredevils who scaled the span and posted that video of the stunt. the district is suing these two climbers afes r and ey wup the main cable. it happened last spring. you remember the video. bridge district officials say men use that video to boost their social media following -- and pursue licensing revenue. the, um, lawsuit alleges unfair business pracces pass a nuisance. other bay area headlines. a terrifying morning for an oakland mother whose car was

stolen with her child inside. the woman reported the car was taken shortly before 4 a.m. on 64th avenue near international boulevard. police found the car abandoned about 2 blocks away. the child was in the back seat unharmed. so far, no arrests. and the atf says it can't termine the use ofhe latest construction fire in oakland despite its similarities to other east bay arsons. the july 7th fire destroyed the alta waverly project at 23rd and valdez streets. the developer plans to rebuild. investigators will consider new evidence from witnesses. incredible video a woman plunges seven stories down from a parking garage in texas and survives. you see this suv turning around in an alley and then, bam, that bmw suddenly falls out of the sky actually from the garage above hits the back of the suv and then rolls upside-down.

moments later people rush to help out the driver of the bmw, hitting the gas instead of the brake. crashed through the garage retention wires, down she went. and she was seriously injured. the "outside lands" music festival kicked off this afternoon in san francisco. thousands of music lovers crammed into golden gate ittent the party stretches across the park with five stages and smaller ones sprawled throughout. >> beautiful sight golden gate bridge, amazing. you have so many people around here, it's one of the experiences that everybody should experience at some point. >> a late schedule change to tell you about. we just got word the group "a tribe called quest" won't be playing tonight because of travel issues. they are being rescheduled for tomorrow. today and tomorrow in san francisco will continue to be jacket weather, highs there only in the low to mid-60s.

but inland, you reached the low 90s today. we'll talk about why and why it won't last coming up.

all right. we almost made it. >> it's friday. >> almost there! >> home stretch. >> we got a football game coming up. a lot of people will be hanging around the bay area this weekend. >> weather is going to be just fine. >> great. >> we had a lot of extremes this summer. this is going to be a weekend where we will not have extremes. temperatures close to average. 49ers forecast coming up. concord warmer today. you made it back to the 90s. livermore warmer 86. santa rosa 84. the 70s we find the beautiful santa clara valley, san jose 76 degrees. mid-60s oakland san francisco. we are going to kansas city. dennis is already there. the weather a little bit of late summer in kansas city. they will get snow later the 49ers game against the kansas city chiefs right here on kpix 5. don't change your channel. outside lands will not be 78

degrees. it will be cool, maybe so afternoon sunshine. 64 degrees. if you want an outdoor event that's warmer, the sonoma county fair santa rosa 86. beautiful in sonoma county and santa rosa this weekend. los. cloudy night upper 50s to 1 tonight for you. 57 for a low in redwood city. 60 degrees. now let's talk about why things change. all we did was change the wind direction from southwest to west-northwest and you added about 7 eedegrs away from the water. you 5 will lotose most of that tomorrow because one low pressure area moves out. that's why the wind changes. a newer bigger, stronger area of low pressure is diving down from the gulf of alaska. it will turn the winds back to a southwesterly flow once again. by monday, some of you away from the water that hit 90 today won't even make it to 80 degrees. so futurecast, fog tonight, yes. anywhere near the water low cloud cover and fog but fog won't push as far inland. that said, the wind change happens tomorrow and afternoon highs even with sunshine will not be as warm as today. so temperatures heading very

close to normal back to the 80s inland so not as warm tomorrow afternoon. still rather chilly in san francisco ananywhere along the coastline low to mid-60s, that's it, and the coolest days for all of us will be next monday and next tuesday. highs tomorrow really nice in wine country, napa, santa rosa, mid-80s, concord mid-80s, low 80s for san jose. mid-70s, fremont, mountain view, redwood city, 78. san francisco 65. morning clouds, afternoon sunshine. couple of degrees milder sunday. look at the temperature drop monday and tuesday. we'll stay in the 60s near the water for much of next week. getting warmer inland by next friday. we could approach 100 degrees about a week from today. that's your forecast. we'll be right back.

my name is cynthia haynes and i am a senior public safety specialist for pg&e. my job is to help educate our first responders on how to deal with natural gas and electric emergencies. everyday when we go to work we want everyone to work safely and come home safely. i live right here in auburn, i absolutely love this community. once i moved here i didn't want to live anywhere else. i love that people in this community are willing to come

together to make a difference for other people's lives. together, we're building a better california. st h howdr to edun ks id a throw a football. it's called the "play 60 character camp." to get kids a free nfl camp in oakland drew hundreds of kids and they learned more than just how to throw a football. it's call the play 60 character car. the goal is to get kids to exercise and to become positive players in their community.

>> we can use football, sports in general, as a metaphor for life because it requires being a good teammate. it requires having accountability and understanding what mutual respect is. >> this is the 6th year the nfl has fostered the character camp. thank you for watching tonight at 5:00. evprw" fochieowfsed. bye "49er that's coming up about a half- hour at 6:00. then the "5th quarter" right after the game. ♪[ music ]

the return of football in san francisco means only one thing right now. a new coach. with kyle shanahan came the general manager john lynch. >> they want to win. they want to win now. >> everything is generally positive. >> reporter: a revamped roster debuts tonight in kansas city. it's the start of a promising rebuil. that's right! cooking up some of that kansas e city barbecue, slow and satisfying. we're licking our chops on "49er preview" now! ♪[ music ] number one between the 49ers and the chiefs, kickoff is coming up in 30 minutes.. hello everybody... vg joined by my lineman...jeremy newber ry >> reporter: arrowhead stadium is the site of preseason game nu er49ers and