but hotter than that due south towards morgan hill and gilroy. 80s around the peninsula with robust west winds up to 20. meanwhile your east bay numbers also couple of degrees cooler from the 70s to the mid-90s. north bay numbers, 60 stinson beach to 94 inland. it will be hotter on sunday. we'll pinpoint that forecast straight ahead. >> thank you. it's been plagued with problem after problem, from two lost prototypes to a debut this didn't go as planned to complaints over dropped calls. apple admits the iphone 4 has issues. now, in a rare news conference today, apple guru steve jobs said we are not perfect and he offered what is essentially a plastic band-aid to fix the problem of dropped calls. julie watts was at the news conference and is now at an apple store in palo alto. >> reporter: it's a hot topic here a flaw and free fix. while it's what steve jobs said that got everyone's talking, it

was a special guest appearance that's got everyone singing. ♪ [ music ] ♪ there's an awful lot of hoopla over the iphone antenna ♪ >> reporter: steve jobs opened his conference with an artist named sand boy on youtube and blamed the media for the hoopla for what's now been dubbed "antenna-gate." >> if you read all these articles, you would have thought, jesus, at least half our customers called in to complain or ask questions or be angry. >> reporter: it turns out only one half of 1% of iphone 4 customers have complained. at least according to apple. that's how some outside the apple store -- that's got some outside the apple store feeling sorry for the tech giant. >> they pick on them. >> reporter: to a certain extent, cnet's brian fong agrees. >> now that they are so big and mainstream they have to answer to a lot more voices that they haven't had to before so now that apple has finally showed one of the first chinks in their armor, everybody was

ready to gatt it. >> reporter: it's aching in their armor that jobs says they have known about for a while. >> we knew that if you gripped it in a certain way, the bars are going to go down a little bit just like every smart phone. >> reporter: he did provide examples of similar phones with the same issues and called it a challenge for the whole industry. but it's something he failed to mention at the iphone 4 unveiling weeks ago. >> this is part of brilliant engineering which uses the stainless steel steel band as part of antenna system. >> whoo! wahoo! [ applause and cheers ] >> reporter: so today in an effort to keep customers happy jobs announced apple will give away free iphone cases. that should alleviate the issues of dropped calls when users come in contact with the controversial external antenna, an announcement that has many outside the iphone stores singing the same tune. >> free stuff is great. >> reporter: and for those who don't care about free stuff

apple's sand boy has a song for you. >> let's sing the song, if you don't want an iphone 4, don't buy it if you bought one and you don't like it bring it back ♪ >> reporter: catchy tune, huh? well, as it turns out, many people aren't bringing them back. in fact, only 2% of the more than 3 million iphones sold have been returned to the store because simply put, many people aren't having problems with them. but that said, juliette, everyone does qualify for a free case until september 30th. just head to the apple website. you can order yours there but don't come into the store because they won't be handing them out here and yes, you will get a refund if you already purchased one. >> thank you, julie watts. hundreds of thousands of state workers will not have their pay knocked down to minimum wage. at least for now they won't. a judge rejected the governor's lawsuit that would have forced the state controller to pay 200,000 state employees the federal minimum wage. it was a way to deal with the lack of a state budget being passed. the judge said it would cause too much harm.

so if there is no budget passed soon, however, the workers could still eventually face pay reductions. bart police will soon have someone looking over their shoulders. the governor signed a bill to create an independent auditor to investigate complaints about bart police. it also sets up a citizen commission that can make disciplinary recommendations for bart police officers. this all starts january 1, it was brought about by the oscar grant shooting. ever since grant was killed, we have seen dozens of rallies demanding "justice" for grant. but on monday there will be a demonstration to support the bart police officer who shot grant. simon perez is in walnut creek now. simon. >> reporter: juliette that rally is going to take place here at the superior court building in walnut creek. whole event has been organized on facebook so we are not sure how many people will show up but we can tell you that the crowd control preparations have already begun. >> i don't think it's a good idea. >> it's freedom of speech. so i have no problem with them

actually making a rally. >> reporter: crews are already working to control the crowds that may or may not show up at the pro-johannes mehserle rally. >> i support law enforcement, but i think there may be some issues later in the evening as there was a couple of evenings ago after the ruling. >> i don't think it's a good idea. but -- but people have a right to express their opinions as long as it doesn't become unruly i think it's okay. >> reporter: why do you think it might be a bad idea, because of that the unruliness? >> yes. is that what walnut creek represents, support of mehserle? i'm not sure. >> my first reaction when i heard that was oh, my god the white people are going to get together and the black people are going to show up and make an issue out of this. it just -- my gut reaction, and i -- i shouldn't feel this way, but my gut reaction was, this schemes to be about white people against black people. and what a shame. >> i think the rally is really

more an effort to overcome the negative press that brought in the riots or the -- i don't know that would you call it a riot. but the disturbance that took place a week ago. >> reporter: a lot of people thought our coverage was biased in favor of the grant family. >> my son was murdered. he was murdered, he was murdered. >> reporter: lauren said, all i ask is there are two families in this, and thus far i have only heard murder from one side. >> just like he faked to cry on the stand, he is sending out a fake letter to the public! >> reporter: chuck told us, if you truly wanted to be balanced and appropriate in your coverage of the verdict and it aftermath, you would interview mehserle's family, friend and lawyer. we reached out to mehserle's family and friends in los angeles. they chose not to speak to us. and the judge put a gag order on all the lawyers. the rally is set to begin at about 2 p.m. monday. and they expect it to last for about three hours.

>> thank you, simon perez. so here's a question: what do you think about mehserle? our exclusive eyewitness news poll found that 64% of people in the bay area either agree with the involuntary manslaughter conviction or think mehserle should have been convicted of a lesser crime. 34% told "survey u.s.a." mehserle should have been convicted of a more serious crime. just a short time ago, the department of defense announced that a soldier from napa was one of four servicemen killed in afghanistan. 21-year-old chase stanley died when insurgents attacked his military vehicle with an ied. so far this month, 37 americans have been killed in afghanistan. coming up next, put away your cash. the changes in store for carpoolers on the golden gate bridge. it's really frustrating. it's just unfair. >> rebates, a great way to get people to buy. but one bay area woman had to jump through hoops to get hers. how to make sure the rebate

works for you. impossible. >> all right. they have their skeptics. but the growing movement that has several people paying big bucks in their pursuit of happiness. gulf, tests aren't showing the ,,,,,,,,,,,,

aren't showing the results scientists want to see. well, the pressure is on, though the cap is on that oil leak in the gulf. test aren't showing the results that scientists wanted to see. it's actually been 24 hours since the government declared that no oil has been leaking from that well. as manuel gallegus shows us what scientists need to see before they actually call it a success. >> reporter: the new containment cap is on but results are less than perfect. tests will go ahead for another six hours and then the government will reassess whether bp needs to re-open the cap and let the ault spill out again. >> jeffords important we don't get ahead of ourselves. with having this camera down there is when the oil stops gushing everybody feels like we're done and we're not. >> reporter: the oil company says so far it's paid out over $200 million in claims to

people in the gulf and the money bp is putting toward the clean-up effort is at least putting some cash in the pockets of gulf workers. >> oil tar ball sludge debris. >> reporter: mississippi commissioned trinity yachts to build small skimmer boats. they can turn out one of these in five days. >> we are building them right here in mississippi. our operators are all mississippi residents. >> reporter: the nimble boat can respond quickly tooil. >> it's 30 feet long, eight feet wide. we have the capacity to pick up 1200 gallons of oil and sludge. >> reporter: the government is promising 1,000 skimmer boats in the water by the end of july. just part of the massive effort to try to return the gulf to what it once was. manuel gallegus, cbs 5, gulfport, mississippi. great idea. all right. we had two runners who were hit by a car today.

what's unusual? they were on treadmills at the gym. car smashed through the front of "24 hour fitness" in stockton this morning. police believe the driver accidentally hit the gas pedal instead of the brake. the two runners were taken to the hospital. we haven't heard how badly they're hurt but the gym will be closed for the time being. carpoolers on the golden gate bridge are going to have to go paperless beginning next week. today is the last day carpoolers can pay the $3 toll in cash. the only accepted form of payment now will be a valid fastrak tag. drivers with three or more passengers must go through a staffed toll lane with the electronic pass to receive the reduced toll. otherwise, they will be charged the full toll, $6 for cash, $5 for fastrak accounts. you have heard it before, if at first you don't succeed, try again. that didn't work for a woman trying to get a rebate. the steps you should take so you don't get stuck in the same situation. then what had people lining

up for an event that's not even scheduled until next week. what makes it so fun here in the weather center is i have all these digits and gadgets to forecast your weather. and take a look at this. currently two of my weather stations reporting triple digits in the eastern portion of the bay area. but meanwhile, take a look at that. our live cbs 5 weather camera suggestion the marine layer is rolling in. the big effect on your weekend as eyewitness news continues right here on cbs 5. ,,,, i'm done with all these lists.

and driving all over town. i want one list. for one store. [ female announcer ] at safeway, you get it all. great quality and great prices. so you just need a safeway list. [ male announcer ] with thousands of everyday low prices you'll save all over the store. [ female announcer ] with club card specials like breyers ice cream just $1.99 and safeway hot dog or hamburger buns only 89 cents. [ male announcer ] quality and low prices. so there's one stop for everything. [ female announcer ] at safeway, that's our promise. that's ingredients for life.

city officials hope the new business will bo the discount retail chain ross has opened a new store in downtown san jose. city officials hope the new business will boost san jose's stagnant economy. the 24,000-square-foot department store is the first to open in the downtown area in decades. the last major retailers moves moved out of downtown in the 1970s. the new location on south first

street will provide 50 jobs. rebate offers are pretty good incentive, aren't they? but sometimes you have to jump through hoops to get your money and that's what happened to a woman in stockton who bought a computer online. >> it's really frustrate, unfair. >> reporter: that's how she felt when her rebate claim was denied. her laptop purchased from fries.com came with a $50 rebate offer from the manufacturer msi corporation. >> so this is the packing slip from fries. >> reporter: the computer came with this packing slip showing what she bought, price, address, all the usual things you expect on a right. she then submitted her rebate online meeting msi's 15 terms and conditions including the original upc code and what she thought was the invoice. >> so i sent what i thought was an invoice but i -- it's the only thing i received from fry's which was a packing list or packing slip. >> reporter: leilani's rebate request was denied because it

was indeed a packing slip and not an invoice. and under the terms and conditions, msi doesn't allow you to resubmit your rebate. >> which is a little ridiculous. but you can't even try again. [ laughter ] >> seems silly. >> reporter: leilani found dozens of complaints online from other customers about the same problem with msi rebates. she contacted cbs13 in sacramento which contacted the company. it says, leilani is supposed to get an invoice from fry's that's mailed separately from the computer. to prevent fraud msi must verify the invoice number and then will give a rebate. they said "we are informing msi that our packing list is currently the equivalent of an invoice. in the future we'll be converting to new language which specifically refers to this document as an invoice." fry's then cut her a $50 check for her inconvenience and msi sent her a dvd burner worth

about $50. leilani hopes her case will now help other fry's customers get msi rebates. >> i would really like to be able to tell people, hey, i'm just a normal person terrified of the camera, too, but -- but it makes me happy to know that i can do something small to help. now, fry's says it is going to take that next step and will soon include invoices with its computers. if you have a consumer problem, call our hotline, 1-888-5-helps- u. the heat is on. triple digits in a lot of areas now, right? >> triple digits the first time this summer on june 27th. today we have had some areas reporting triple digits. but actually it has not been as hot as we previously advertised for a good notable reason and we'll explain but first mount vaca is currently 94. humidity is dropped down to 16% there. now, compare that with this. a deep marine layer has moved

onshore. cool air moved in sooner than the computer models said and so it allowed the temperatures not to go as high as previously projected. nevertheless, brentwood and pittsburg at 100. notice the humidity compared with san francisco, that is socked in at this hour with the deep marine layer, humidity is high as it gets. sausalito currently at 56 degrees with areas of low clouds and fog. this is one of our very latest satellites and it clear paints the picture of what's going on anywhere from dillon beach through inverness, back in through san francisco, where the fog is now beginning to trickle under the golden gate bridge. sunset district socked in as well all the way to monterey bay. game time 579: 35. you need a jacket. you know you're sit there is sweating inland. you need a jacket with a temperature of 59 degrees at

7:35. meanwhile, we do have a southerly surge. we have thunderstorms in yosemite at this hour. meanwhile high pressure continues to expand. and as it does so it's going to keep things toasty in los angeles at 94. 1:15 in palm springs, 110 for your getaway friday heading to las vegas, 115 in palm springs. thunderstorms in yosemite, triple digits in the central valley. tonight 50s and 60s. tomorrow 80s to 90 in san jose. 94 campbell. east bay numbers up to 97 degrees. north bay numbers anywhere from the 60s at the coast to 94 degrees in sonoma. and meanwhile the extended forecast calls for a hotter day gradually on sunday a blanket of low clouds returning over the weekend. you know, i got to tell you, what i've been really impressed with is there is a gentleman by the name of chris anderson and he has been sending me pictures and teaching me about this whole microclimate thing. there is his picture of dillon beach socked in with fog and i

was in the east bay with 100 degrees at lake del valle. there is my picture. >> i was swimming and running there today. >> you look gorgeous. >> you look cute. >> back atcha. you can't buy love or compliments. can you buy happiness? the movement that's changing the minds of nonbelievers coming up. ,, ,,,,,,,,,,,,,,,,

but now, you can buy happiness. and it comes with a money back guarantee. joe vazquez okay. the beatles said it. can't buy me love. >> but now you can buy happiness and it comes with a money back guaranty. joe vazquez asks, really?? come on now. [ laughter ] reporter: jumping for joy at golden gate park. this past saturday, a crowd celebrated international happiness day. they are members of a growing movement, an industry replete with research, books and college courses that believes happiness is a science that can be taught. >> to adopt a happiness decision. >> by being happy now. >> reporter: amy, ph.d., calls herself a happiness expert. she offers three-month happiness makeovers. >> happiness is within your control. >> reporter: the cost, $3,000. >> i guarantee happiness for the rest of your life or your money back. [ laughter ] >> impossible. >> i think she is going to be giving a lot of people their money back. [ laughter ] >> happiness is being with somebody you like. being with somebody you love.

and i don't need no makeover. >> yeah, i was skeptical at first. >> reporter: roslyn you understand stands the hesitation about believing happiness can be taught. but after taking the makeover and even producing a documentary about her experience, she is a believer. >> i have tried just about everything to be happy. i spent two years in therapy. i have been on multiantidepressants, anti- anxiety drugs. one of the biggest revelations in going through this program is that i have a choice about how i feel, how i'm going to react to given circumstances. >> most people define happiness prior to happiness [ indiscernible ] as something external to themselves. happiness is a warm apple pie. [ laughter ] >> or some cushy slippers or sex, drugs and rock 'n roll. >> reporter: she says that kind of happiness called hedonic is fleeting. she teaches her clients that true happiness is deeper than that and she gives them tools on how to keep happy even when

the inevitable tragedies happen. >> i have been fat, ugly, poor, divorced, and i live in chronic pain. and i have been happy the entire time. >> reporter: happiness for the rest of your life? >> happy, happy! >> reporter: an entire movement is now giving it a shot. joe vazquez, cbs 5. signal. airborne. beautiful. and strong. there to ensure the most powerful transmitter is you. rule the air. [ maget readycer ] for the ride of your life. turkey & bacon avocado.

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much more than just an improv here's what we are working on for eyewitness news at 6:00 tonight. much more than just an improvement project. sidewalks that actually recycle water and more. also, the fright is right you might say. the pet adoption deal that is hard to refuse but you had better act quickly. those stories and more tonight at 6:00. all right. finally, gone but not forgotten. gospel music fans in oakland are lining up a week in advance to see a music legend.

walter hawkins died of cancer last week. the grammy award winning oakland native best known for the hit song "o happy day" some fans began lining up last night in hopes getting free tickets to a musical tribute that isn't scheduled to happen until next week. [ singing ] >> remember that song? >> we are all here to honor him. there are more than 1,000 people here. i have been here since 9:00 last night and so it's been a wonderful experience. >> the concert is tuesday night, tickets on a first come first served basis. no wonder they are lining up. >> you know where they will be lining up tonight? i just heard justin berber is going to be at the san francisco giants game. >> oh, that's right. >> that will be something. >> he is 15 years old. okay. >> and then he will be in reno on sunday. >> i know. [overlapping speakers] >> it makes me happy.