in the news this saturday morning, october 2nd, better late than never as lawmakers finally reach a deal on the state budget. what's in and what is out. also, why getting a speeding ticket in california will cost you more than being caught with pot. >> we have cloud cover this morning, few sprinkles this afternoon and a cooler day arrives tomorrow. >> good morning. i'm teresa garcia. a lot of details still have to be ironed out for california's $19 billion but the gap will be closed with the new budget agreement just reached by the governor and leaders from both parties. it took a lot of work to bring them into agreement. this picture you see from

governor's twitter feed shows the symbolic handshake between the leaders. a deal that includes no new taxes. lilian kim reports on the agreement. >> legislative leaders emerged from the governor's office as what was described as intense five than hour meeting. >> we have a comprehensive agreement that we intend to bring our members back next week. >> no word on how the deal bridges the state's $19 billion budget gap, they say details won't be released until a public hearing on wednesday, but the governor spokesperson says the schwarzenegger got some of the things he wanted, including pension and budget reform. >> i'm not going to get into details, but the governor has said since day one he is not going to sign off on a budget that includes tax increases or the reforms that we need. >> the agreement signals an end

to a 93-day budget stalemate. the state has to pay employed and vendors, so far $3 billion is owed to state contractors. >> these are difficult circumstances in difficult times not a lot of celebrating but we all stepped up and did the work we had to do. i thank these gentlemen and the governor and go forward. >> they will spend the next few days drafting the language on the budget. followed by a vote as early as thursday. they expect enough support for those in party to pass the budget. possession of marijuana carries a maximum fine of hundred dollars. the governor signed the bill reducing possession of an ounce or less of a pot to from a misdemeanor to an infraction.

he still opposes prop 19 he says the new bill will save the state millions of dollars in court fees. california will benefit even more by legalizing pot and taxing it. >> the hundred dollar ticket often costs us a thousand dollars in enforcement alone never mind the few hours of a cop off the street. we have an opportunity to take control by voting yes on prop 19. >> it was hoard by a san francisco senator mark leno and supported by the district attorney's association. >> they claim to be selling medical marijuana and delivering to it homes but a multiagency south police task force says 22 people they busted were plain old pot dealers who advertised online and in making steens. several communities seized 25 pound of marijuana, 223 pot plants and nine guns and rifles.

>> an oakland woman accused of badly beating her daughter is under arrest for child abuse. it happened yesterday afternoon in the home. the toddler was unconscious when police arrived and remains hospitalized in guarded condition but with non life-threatening injuries. makes say they heard the woman scream out the window in spanish. >> my daughter, i love you. that is the daughter's name. she was saying..., help me, call police. she was drunk. >> the woman ran from the house wrapped only in a ban content. she had been arrested five months ago for allegedly beating an older son, one of four children she lives with. child protective services is working on where to place the toddler. >> prosecutors have now confirmed the indictments of philip and nancy garrido in the

kidnapping of jaycee dugard. it was revealed in court yesterday afternoon. the couple is charged with kidnapping, range and holding her captive for 18 areas. nancy garrido pleaded not guilty but her husband was not allowed to enter a plea until his mental competency can be evaluated. >> they say this man robbed another man in the costco parking lot. both of them spoke spanish. the robbery happened monday morgue and police say they need your help to find the two suspects who got away in a blue four-door car with tinted windows. two art collectors who claim to be the victims of a multimillion dollar heist in pebble beach have filed a defamation lawsuit against the county. they say officials called them liars and botched the investigation. they were renting a home when they reported the robbery.

>> oakland police are looking why one of the officers shot and killed a family dog. it happened tuesday while police were responding to a burglary alarm. that is when the family's len-year-old lab appeared. police say she charged at them. the department is promising to examine its policies for this kind of situation. in the meantime, they have offered to bring the family a puppy. >> i feel like i really need to get over the shock before moving on to another pet, another dog. >> in may, officers shot and killed a deer trapped in a backyard in east oakland. that caused an uproar, as well. "abc 7 news" has learned that the sergeant has been demoted in that case and the or that fired the shot has been disciplined. >> security officials at lawrence berkeley lab is warning about mountain lienks in the area. they have seen a mother and two cubs roaming the hills and also

spotted carcasses of a deer and get to that appear to have been mauled. all right. as the busy weekend in the bay area. people come from all over the country to watch the giants try to clinch their division. also, the free show that has become a staple of the music scene in the last ten years. and we're going to have more on the breakthrough to help drivers

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not really. i care about youfiber too. i have for while. ok, carl. why don't you care about her fiber? hey carl. [ male announcer ] fiber one. cardboard no. delicious yes. authorities are trying to determine what caused yesterday's collision of two empty muni trains in an underground turnaround area near the embarcadero station. nobody was injured but the incident during friday evening

rush hour caused service delays. >> with no fanfare at all, electric car maker tesla took over the old nummi plant in fremont yesterday. some of the people that used to work with nummi is hoping to find a job with tesla. they plan to hiring roughly 1,000 employees. >> i've been following them online and i'm really hoping that a lot of us, we get hired. i know right now they are starting off small. hopefully over the years they'll do good. >> tesla plans to build a fully electric sedan in a partnership with toyota. >> a major achievement in devel's slide tunnel project, after three years go digging, they punched through yesterday. it basically completes the excavation work on the first of two tunnels that will steer traffic away from devel's slide.

heather ishimaru has more on this first milestone. >> chunks of sprayed concrete fell away from the north portal as an austrian tunnel team reached the other side. they have been working 24 hours a day, seven days a week at the rate of about ten feet a day to reach this point. the people of san mateo county came top the fulfillment of a decades long battle. >> i didn't know that was going to happen when we started getting the original plans to build a bypass. >> highway 1 has never been a reliable route along the coast, closing because of rock slides. coastal economies and families suffered but the tunnel will no longer have to be a cul-de-sac where cars turn around once a year. school districts ronnie fought for the tunnel and against the plan for a freeway over the

mountain. >> it was originally planned, a freeway down the coast from san francisco all the way to san luis obispo. that is 1960s grandiose plan. >> the old highway 1 will allow bike riders and pedestrians to have a quiet vista from which to view the pacific. what a tremendous gift this is to future generations. >> each of the two tunnels are just over 4,000 feet long. $300 million price tag is being paid for entirely with federal emergency highway relief funds. >> it will still be two more years before the tunnels are completed and open for traffic. >> meteorologist lisa argen joins us now to highlight what 800,000 people are going to converge on golden gate park today. >> a lot of cloud cover. we have sprinkles along the central coast. we have cooler temperatures in the forecast, but not all going to happen today. stay tuned.

i'll spell it out and have a look at the seven-day outlook coming up. ♪ >> also ahead, much more on hardly strictly bluegrass festival at golden gate park.

if you like good news i can, golden gate park is the place to be this weekend. the tend annual hardly strictly bluegrass festival and its

variety of music. it's on six stages. wayne freedman gives us a sample >> once in a great while confusion is good. so if the estimates only 799,000 to go. too much music and too little time on six different stages all at once and all for free. >> what is the rule of thumb here? >> get here early and often. >> so say veterans of the hardly strictly bluegrass festival in golden gate park. warren hellman calls it his gift to music to music lovers of san francisco. >> what happened? >> god knows, when we started, let's do it this year. then i thought -- oh, my god what if nobody shows up. now there is everybody shows up.

>> when a whim this is a showcase, both fans and musicians describe this as -- >> best music festival in united states. >> musicians like this, he says it's an honor to be invited. >> somebody bumped in my shoulder, it was robert plant and the woman that walked up to me was emmylou harris, where does that happen in. >> the answer would be here this weekend, assuming you can will yourself from one stage to another. >> great festival, great music, great people. >> what about the weather? >> the weather is cool. >> for that matter, warren hellman is pretty cool, u.c. berkeley grad, a former lehman's president. this weekend he is investing in

good feelings. he also says don't try to drive. traffic will be a mess. best way to get to the festival from out of town is to take bart and then catch the judah light rail line to golden gate park. this map we're showing you here at www.abc7.com. how good will be weather-wise? >> we will see the sun break through the clouds. there is more cloud cover than usual. this is the stratus layer and we do have sunshine around concord. we still have a pesky area of low pressure to the south of us that will be wlug part of our bay area weather today. off in mountain view, 61 in san jose with 55 downtown. airport delays still about 30 minutes. sfo 57 in fremont.

cooler air mass but also because we're looking at maybe a few sprinkles here or there in some spartsd of the bay, but overall, partly cloudy and typical fall-like weather next week. clouds will allow for a nice day today with more 80s and some of the cloud cover headed our way from a cut-off low, notice livermore, there is note that stratus form layer. that is because some are mid-level clouds associated with an area of low pressure. it's providing thunderstorms from santa barbara and just throwing up a few areas of mid-level clouds, but the sub cloud layer where we live, very dry. so a lot of this moisture headed our way, not reaching the ground. he is a closer inspection from

life come her 7 had had where some of the moisture is bheeg pushed across the east bay. from san francisco on south, don't be surprised to see a few build ups of clouds, maybe a splt but we're calling for a partly cloudy afternoon. this area of low pressure will continue the threat of showers in the southern sierra and northern sierra and another area of low pressure may bring the threat of snow next week in the mountains. it's this one here. it's going to sweep all that moisture, most of it out. for us it means brisk winds and less fog and cooler temperatures. today, look for some mild conditions in sacramento at 87. we're still looking at thunderstorms in northern sierra and southern sierra. 73 in san diego. back home, partly cloudy with 71 in sunnyvale today. peninsula numbers, gray skies starting out, mild 68 in san

mateo. north bay numbers ranging from 76 in novato. 56 in sausalito and upper 60s here. union city and fremont, mid-70s and out over the hills, couple more 80s for you today. that is cooler than yesterday. 81 in danville and monterey, 64, partly sunny later on. today we have a few clouds around and then next week, more sunshine. h. >> music festival at golden gate park and other activities, we'll talk about sports because the giants could clinch the national west and game time at 1:00 at at&t park. they almost did it last night. here is larry beil. >> good morning, champagne was on ice. that is exactly where it stayed. giants needed one win to clinch

the national title but padres won it and now you have doubts creeping in. welcome to cain's nightmare, gave up three homers. jumped on the pitch and hammered to center field, 1-0 padres. gonzalez launching i think they picked this up on russian radar. he gave up 6 in four innings. giants rally, 2 outs. fraed freddy sanchez, a base hit and it's 6-1 and there is hope for the men in eorng. then in sixth, sitting on the bench like forever. deep to left. two-run blast. giants down 6-3 and a man for aubrey huff. he thought it was out. not in this park.

sanchez gets doubled off of first. horrendous base running and it doesn't feel good. giants fall 6-4 and send zito to the mound this afternoon to try to clinch. >> i just didn't get it done. that is the reason we lost font. >> i take pride in being the best baseman i can be. >> a's and m's in seattle. looking for the 18th win. top of the first, derek barton, towering blast out to right, 1-0 a's. barton says thank you, may have another. bases loaded, grand salami, 8-0 a's where was this a couple months ago? cahill has been good throughout

the year. a's cruise 9-0. >> case of wardrobe malfunction, at the ryderer cup it turns out their rain gear was not waterproof. it was pouring in wales. not a problem for jeff over ton, he and watson are leading. they had a seven and a half hour rain delay and stewart cink for a birdie. and after eleven holes, no matches were completed. 0-3 niners will play the falcons without michael lewis. mike singletary said lewis went awol for personal reasons.

>> we have college football this afternoon. stanford at oregon, a pac-10, top ten showdown followed by another edition of after the game. hope to see you then. have a great weekend everybody. i'm larry beil. >> as larry explained, san francisco giants still need one more win to clinch the division. fans, they hope it would happen last night at at&t park. it almost did. amy hollyfield shares the experience w was pretty exciting. >> before the game, everyone was show sure. >> we can't miss it. >> the game was sold out. people came from across the country to see it. >> favorite team is the giants. >> in the third inning, the mood shifted, san diego padres scored three runs 4-0 and the fans were disappointed but not giving up. >> that was a lucky hit. we're going to clinch, we came all the way from merced to see

it happen. >> it's been good for business. former giants owner says as the giants' playoff chances improve show do fans' enthusiasm. >> i sit in the third road, you don't think i would have to tanned up to see the game. i had to stand up to see the game. that shows the interest right now. >> they will likely sell 3 million tickets this season. there were so many people at the souvenir shop, they had to direct traffic. there was a line to get into the restaurant next door to the ballpark. these are people that didn't have tickets to the game. >> i in the i might as well, join the party. >> not much to celebrate tonight. after all that pre-game excitement, some fans left early. >> the fans are getting restless

we're heading out to beat the traffic. >> the giants still have two more games left against the padres. they only have to win one to make the playoffs. amy hollyfield, "abc 7 news." >> next at 8:30, a hiring scandal grows beyond the governor's race. we'll check the latest headlines about the illegal immigrant hired by meg whitman and as they prepare for the debate. state leaders finally reached a budget deal. what bills

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you'll need a healthy heart to do it. ♪ good morning. toppling our news, a budget deal has apparently been reached in sacramento. lawmakers announced last night that a new deal is in place to end the record long stalemate over a spending plan and they do

have a framework for a budget. they say a final deal is in place to close the $19 billion deficit. leaders say it doesn't raise taxes as the democrats wanted nor does it dismantle the state's welfare system as proposed by republicans. details will be released at a hearing on wednesday and a vote expected on thursday. >> thursday was the final deadline for governor swarzenegger to sign or vitally piles of bills. for a closer look that made law, here is nannette miranda. >> aamong the laws they have approved is a radiation safety bill. 260 cases at cedar sinai alone of patients over exposed. another hospital left a baby in the machine an hour instead of a miwt. the new law puts better protections in place. >> what has happened at cedar

sinai was a wake-up call. if these safeguards were in place they wouldn't have occurred. >> they also gave foster kids a break. he extended benefits to age 21 to help them transition. >> my foster parents were like, get out of the house. >> there were horror stories of foster kids after they turned 18. former foster youth say the extra benefits give them a chance. >> i ma mean the statistics are against us. >> the governor also volunteered some proposals that would have been popular with californians. >> one would have banned those annoying debit card fees and many gas stations, they charge

45 cents for using the debit card. but the governor was afraid that they will raise the price for everyone to make up the difference. >> he is not for the little man and business people. >> and red light cameras that cost more than $400 per violation, a bill to reduce the fines by half, the governor vetoed that saying he doesn't want to encourage dangerous driving. some drivers says they are not surprised because the state needs the. >> if you veto that amount of money, then you are money bheeg used for certain other things and he doesn't want to do it. >> the one thing the governor should be signing is the state budget. legislature hasn't sent him one yet. it's going on four months late. >> the once again, lawmakers are going to vote on a new deal on

thursday. the race to become california's next governor the illegal housekeeper scandal confronting meg whitman campaign is much broader issue. they are using the controversy as opportunity to call for change. more from lyanne melendez. >> the repercussions of the with when it man housekeeper allegations made their way to mission contradict. they called for domestic workers bill of rights. >> it could include domestic workers in overtime protection and occupational safety and health violations. >> sick time and vacation time would be included. the scandal is being used by immigration advocates to push for better conditions for undocumented workers. whitman's camp maintains the republican candidate went through the proper channels and was drugs tinge an agency when

she hired nicky and had to follow the law when it became clear that nicky was an undocumented worker. >> whitman shot back saying after con suggest an attorney there is nothing she could have done for her. >> she had lied to us for nine years. she had misled us for nine years. it breaks my heart to say that but that is the truth. >> people are talking about the discrepancy between the perceived family relationship that whitman talks about, sake that nikki was like family and how it was handled. bruce cane says it is a problem. >> there were a lot of alternatives for meg whitman in what she could have said to the housekeeper, in terms of what assistance she could have offered and how she dealt with her in her employment days and she didn't do any of those

things. >> a coalition chairman for the whitman zblian she was seeking help from the employer. i'm sure that the house keevp sought for her but knew there was no help for her at that time. >> jerry brown and whitman will have a second debate in fresno. a news anchor will moderate the debate. >> i think latino voters are not going to settle for anything general. i think they want specifics as to what affects them and their community. >> look for highlights of tonight's governors' debate tonight at 11:00. we're teaming up for a whole series of hour long election debates. both debates will stream live at

www.abc7.com. those debates will be broadcast over on abc7 next sunday, that is october 10th beginning at noon. >> authorities are trying to determine what caused yesterday's collision of two empty muni trains in an underground turnaround area. nobody was injured during that incident but it happened during friday evening rush hour. that caused service delays that didn't clear up until nearly 11:00 last night. us a wake up this morning, drizzle. >> we have drizzle but we have pretty good looking fall day. from vollmer peak, low clouds and few more clouds from san francisco on south. we'll talk about that nice fall week coming up. >> what do solar panels and a warehouse in south bay have in common. we'll explain how both share a goal of helping feed the community.

as you rise with us, you can see its bit overcast around the bay. inland it will be a warmer. first week in october. not so warm as we experienced earlier this week but nice day to get outdoors and enjoy it. >> an agency feeding the hungry in santa clara and san mateo counties is marking an important new installation. with the generous help of donors they are harvesting the power of the sun to serve more people. >> it may sound odd but food like these apples and solar panels share a common goal. >> i supported conscious the amount of money it takes to get people fed in our community. looking for more efficient ways

to do that. >> second harvest food bank is in the midst of getting a rooftop solar system installed at the warehouse headquarters in san jose. 300 kilowatt system is funded by $1.1 million donation from two silicon valley corporations. its gift that will benefit the environment, the bottom dollar and the community. >> the rooftop solar system will save the food bank $3 million over the next 25 years. that is equivalent to 630 meals per day or six million meals over the life of the system. >> every dollar we don't have to spend on refrigeration or anything like that is going to go right back. >> the community need has only been growing. they are distributing 20% more food than last year serving an average of 231s in people each

month. >> it's great to see our -- 231,000 people each month. >> nick is also pitching in with a crew installing sun power system of 1200 solar panels. they are expected to supply 50% of the warehouse energy's needs. >> it's going to offset electrical costs. thank you for the sun. are we getting warm? >> we are. we have some clouds around. not the usual low clouds and fog we are looking from the emeryville camera. this deck is about thousand feet and scatter out more oh in the north bay. san francisco south, mid and high-level clouds. away we'll talk about that in a minute. some airport delays. 55 for you.

58 in oakland. 60 in mountain view and sunshine in the east bay and also by the delta. a cloudy start and partly cloudy this afternoon. slight chance of showers. santa cruz mountains, been low manned and the east bay you may see some cloud build up but overall, partly cloudy conditions and typical fall-like weather next week. here the temperatures today, still going to squeeze out a few 80s in inland valleys but more 60s and 70s around the bay and slower clearing in parts. you'll notice the different cloud deck from time to time. our visible picture you can depict that, the north bay looking at the regular stratugs but peninsula southward we're looking at cloud cover. moisture from southern california and we'll keep some

of the thunderstorms developing in northern and southern sierra. be advised of that and live doppler hd shows some of the moisture that counterclockwise flow trying to spin in our direction. as it does, it evaporates before it hits the ground. some areas saw a few sprinkles. san francisco you were one of them. we're going to keep that in the forecast. if you spee anything it will be spotty and widespread. here is the low sitting around and we will look for this system to kick out that subtropical moisture but more importantly it's going to bring temperatures down. we woe have the marine layer, pretty much looking fall week ahead. 93 in fresno. 83 in los angeles with hit or miss storm. 64 in monterey. cupertino, 74. 78 in los gatos. peninsula with the cloudy skies,

start out in the 50s and warm through the upper 60s. san mateo, downtown with a cooler day, 63. golden gate park, see a little sun and it will be cool, 75. more sunshine in the north bay. east bay, 71 san leandro and out over the hills, still some pretty warm weather with 80 in walnut creek. 85 in gilroy. >> seven-day forecast, still pretty nice inland if you want it warm but we're coming down, five to eight degrees tomorrow. windy conditions through monday but the fog disappears tuesday, wednesday and thursday and mild coast. >> time to head outdoors and enjoy it. >> you know you might think that when one plant of a species thought to be extinct is found it's automatically detected. not so as it turns out.

they are trying to get a local plant added to the endangered species issue. heather ishimaru shares more on what it is. >> scientists thought franciscan manzanita was gone but the last fall, they were on a doyle drive off-ramp and something caught his eye. >> i found it kind of excited, i'm sorry, it's probably not this but what if it were. >> it was a large franciscan manzanita. work revealed it to his sharp eye. >> there is some speculation it could have been there since spanish times and survived the construction of the bridge. it's more likely it came up from seeds buried in the soil that were disturbed during

construction. bridge. >> the location was kept secret and moved to another secret spot. >> could have been a train wreck billion dollar bridge project, instead everybody held hands and saved this thing. >> to get protection requires the federal government add it to the endangered species list. >> it protects endangered plants but not extinct plants. >> an executive director and other conservation groups are petitioning. >> it's not a collect of signatures, its formal document to list it as an endangered species. that kick started a federal process to protect the plant nbc he says he expects to be listed within a year. when that happens a whole recovery plan will go into place but he says that should not tanned in the way of doyle construction.

>> don't go away. 7 on your side is next. >> they say the pet rescue service didn't do what it's

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there's nothing we love more than listening to our favorite songs. but our favorite thing is eating totino's pizza rolls. but our favorite thing is eating totino's pizza rolls. ♪ we're the kids in america ♪ oh, oh, oh good morning. what a gorgeous view from our camera and vollmer peak looking towards mount tam. we do, indeed, have a marine layer there. some of that will burn off and give you more sunshine when you are headed outdoors today. ninth day of fall, go out and enjoy it. >> nasa is wipe go down the space shuttle program. yesterday was the last day on the shob for 1200 workers. many have been employed since the beginning in the early 1980s. >> it's off to the moon, china

successfully launched a rocket carrying a probe designed to take photographs. the probe should reach the moon in five days. china has scheduled an unmanned moon landing in 2012 and a possible manned mission in 2017. >> losing a pet can be devastating as losing a child. when a family discovered that a missing pet alert didn't go out, they called 7 on your side. >> she and her husband are looking for their dog. they are putting up posters in the antioch area where the chihuahua went missing on august 31. >> it's our baby. i have a puppy baby book. he is my son. >> robin frequently visited the county animal shelter hoping to

find chip there. >> no, he's not here. >> she has been checking with vets right here. >> i'm never going to get him back. >> he paid $17 for a company to send out missing pet alerts. this was one of the places that was supposed to receive the alert but we were there with robin when the clinic told her it never received alerts of any kind from home again. >> they keep reassuring me they send it out there. >> is a whole list on their website that doesn't have it. >> when they tell you they are going to do something and they don't do it. >> the company admitted there had been a fax glitch, 44 clinics and shelters had not received the alert. after our inquire, they say the

problem were fixed. we wanted to check for ourselves so we asked the company who received the alerts. they refused to tell us. however, through our own inquires we know at least one clinic have now received an alert, but still it hasn't done any good. the couple is offering one thousand dollar reward. >> if anybody knows who has my baby, if you have my baby, please bring him home to me. >> home again has an "f" rating with the better business bureau. if you know where the dog is, call the number on your screen. that number is also posted at www.abc7.com. i'm michael finney, 7 on your side. >> we've got birthday wishes, happy birthday snoopy charlie brown and friends.

they are turned 60 today. from washington to the northern california to their northern california town.

and here are the winning numbers from last night's $32 million mega million draw. 3, 8, 21, 28, and mega number 43. since nobody picked all six numbers, tuesday's jackpot is expected to be worth at least $41 million. >> the comic strip peanuts is celebrating 60 itself anniversary in a very big way at the smithsonian and here locally at peanuts museum in santa rosa. >> a photograph of the late charles schulz, creator of the

peanuts gang will be on display for several months. it shows him drawing a sunday comic page, it's on loan from the schultz museum. his wife is in washington for the celebration. i talked to her by satellite. >> when you got the call or letter from smith sonya. what did you think? >> we didn't think it was a possibility. >> it was a huge honor and her late husband's characters are timeless. >> they speak to the ordinary things that away all feel, our ordinary emotions, our hopes and fears our dreams. >> they met when they were building the museum. charles had passed away. she told me that her back then

her husband was a genius and famous but he was so modest. >> sparky wasn't that interested in having the museum because he couldn't see how his life and work could be any more than this comic strip in the newspaper. >> imagine, what he would say today about being i mortalized in the smithsonian. >> today the museum in santa rosa will celebrate with free admission from 10:00 a.m. to 5:00. certainly we have more details, find them on our website at www.abc7.com. >> we are looking as some extra clouds. this weather system to the south of us, partly cloudy today,

maybe a sprinkle around the diablo range, mid-level clouds, but still 80s. 76 in fremont. low 70s in san rafael. cool afternoon in san francisco with the clouds hanging on but we're seeing breaks in oakland. 82 in morgan hill. windy tomorrow and temperatures is coming down. >> thanks. our next newscast starts at 4:00 followed by football action.