breaking news out of san francisco overnight after a fishing boat capsizes sending three men into the water. i'm christie smith. we'll tell you what happened next and how they got out coming up in a live report. and a look at what the new state budget means for students in the csu and uc school systems. plus getting ready for the 4th, the bay area cities that will let you have safe and sane fireworks this year. a live look at the bay bridge. it is wednesday june 29th. this is "today in the bay." good morning to you and thank you for being with us bright and early on this wednesday morning. it's 5:00. i'm marla tellez in for laura garcia-cannon. we'll get you started with your forecast with christina.

>> good morning. temperatures aren't all that warm this afternoon as we had a cold front come through at the end of june. we still have showers coming in. very residual showers. they are not going to last long. the whole system is pulling out of the area. what that means for us today is a drying pattern. today looks pretty comfortable. you might need to bring that jacket with you this morning. we've got your full forecast coming up. a big-time warm-up on the way. let's get you to work with mike inouye. >> could always use a big-time dry out, some roads slick from overnight rains. right now we'll focus on the city where we had closure. overnight closure from highway 1, northbound 101, construction project going on. crews should just about be clearing now for the transition but for the meantime use alternates next 10 to 15 minutes. we'll follow the rest of traffic. back to you. >> thanks, mike. 5:01, presidential campaign trail is busy. several republicans on the road taking aim at president obama

and each other and facing criticism themselves. for the latest we go live to "today in the bay's" tracie potts on capitol hill. good morning, tracie, lots of ground to cover. >> reporter: absolutely. let's start with michele bachmann for the second day campaigning hoping to focus on the issues. what's really following her is whether or not she profited up to $50,000 from a family farm that was subsidized by the government, su government,. they said my husband and i didn't make money from the farm. financial disclosure records indicate otherwise. that will issue will continue. tim pawlenty, a speech before the council of relations whether president obama could have done more to reach out to members of congress before acting in libya. he says yes. in fact, the way he put it, he had a couple of leaders over for sandwiches and that was pretty much it.

finally jon huntsman out west in utah. today a busy schedule in texas and michigan and illinois. he's talking about whether or not the country is ready for a balanced budget amendment. live from capitol hill, i'm tracie potts for "today in the bay." >> thank you. the trailblazing continues, so to speak. thanks, tracie. a market owner in fairfield is dead this morning after he was robbed last night. fairfield police say they received a call from the market owner asking for help. emergency crews responded and they found a man on the ground. the victim told officers three suspects had attacked him inside his store. he was taken to a hospital where he died from his injuries. witnesses reported seeing three plaque men in their late teens enter the store at the time of the robbery. a series of robberies in san jose, but police say they aren't connected. four robberies all over the south bay in less than 16 hours. they happened in all parts of san jose from valley fair mall to little saigon. officers say the robberies range from gunshot to grab and go.

one man robbed at knifepoint on blossom hill road feet away from the family's doorstep. >> even on a busy street it's kind of scary something like that would happen. a side street or alley, you might expect that but not on blossom hill road. >> san jose have not made arrests in any of these robberies. closer to a state budget. governor jerry brown is expected to sign the budget plan today, just a few days before it's supposed to go into effect. both houses approved the plan last night with little debate. the budget was worked out between governor brown and democratic lawmakers who have enough votes to pass the budget without republican support. the new budget eliminates a $26 billion deficit through deep cuts but no tax increases. however, students at uc and cal state schools will likely see more tuition increases because of the plan. the budget slices mean a total loss of $650 million for each

school system. csu trustees are looking into the possibility of raising tuition 15% for next spring. 5:04 this morning, following breaking news from the north bay where the coast guard rescued a crew from a capsized commercial fishing boat overnight. "today in the bay's" christie smith is live in san francisco with more on this story. good morning, christy. >> good morning, marla. we saw two members of the u.s. coast guard out here staring into the ocean like mp else. i asked what they were doing. they said they, too, are looking for this boat. it's partially sub merged somewhere out here near the cliff house in san francisco. what a night for the three men. their boat tipped over basically sending them right into the frigid water of the pacific ocean. i'm told it was 55 degrees, that's what the coast guard says when they got the mayday call. came in about 12:40 a.m. coast

guard station golden gate responded. they were looking for a 49 foot fishing boat that was down. they say the rear facing up out of the water. the three men, though, they say were able to deploy a life raft. >> and made a quick certainly of the area and saw that there was a life raft getting taken out past oceanwood, cliff house restaurant. came alongside the life raft and there's three people inside, confirmed all three of them were there. got them out of the life raft and brought them on board and brought them back in. >> reporter: now, the coast guard tells me the fishing boat had 270 crab pots on it and 80 of them were full. the weight of something on board shifted and that caused the boat to tip over. two men were taken to the coast guard station and are resting at this hour, a third we're told was taken to the hospital for evaluation for possible hypothermia. the boat is registered out of

arcadia, coast guard keeping an eye on it. they are expecting to get quite a few calls from boaters out there seeing the life raft and partially submerged boat but they do plan to get it out of the water at some point. reporting live in san francisco, christie smith, "today in the bay." >> thank goodness those men are okay. thanks, christie. coming up on the fourth of july weekend if you want to set off legal fireworks, you only have a few options where you can do so. a dozen cities in the bay area and santa cruz county will let you buy and use fireworks that don't explode or leave the ground. you can buy and use fireworks in the following cities. san bruno, pacifica, union city, dublin, gilroy, seaside, watsonville, pet lumm, a, walnut park and cloverdale. any not bought at a licensed vendor are illegal.

5:07 now. we're going to check that forecast. fourth of july is going to be hot. >> yes, it is. but today not so much. make sure you grab a jacket. we're only forecasting highs today in the upper 60s, low 70s. we had a cold front come through yesterday. that front produced such high rainfall amounts for this time of year. this is actually my second list of rainfall totals for you. we picked up over an inch in oakland. i'll get the big winner coming up for you. we had so much rain come through places like hayward, three-quarters of an itch in san alamo, over half an inch in san jose. the biggest totals from the east bay. we'll get to those coming up. let's talk about what's happening right now. as you can see, here is that system of low pressure. it is moving off to the northeast. for the morning, i think for the next couple of hours at least we're going to see some of these isolated showers, little tiny cells move into the bay area. right now mostly dry. we do have a little action

starting to creep up from the south. we already have slick conditions because of that heavy rain we picked up yesterday. you do want to leave early. today will be cool. grab the jacket this morning. a few showers mainly in the hills for today. i think we get that orographic enhancement. you could see showers lasting until noon. the big story comes as we talk about the warm-up. starting tomorrow, it will bring temperatures to the triple digits as we head into the weekend. i'll break those numbers coming down coming up. mike, already busy at 5:09. pretty calm through livermore. we would have folks hit through this area, we did have big storms the last couple of days. yes, we're watching for more folks to cause some slowing just 15 minutes through livermore and tri-valley area. we jump on 580 at the dublin interchange, still dark as well because it's not open. over the hills through castro valley and through oakland. this portion of 580 and 880 a smooth drive. we do have an incident that was

reported at the 580 interchange, a stall in lanes until just a couple minutes ago, just updated, slowly pushing that off the roadway. watch for some activity as you're approaching 580. upper deck of the bay bridge. clear flow and very few headlights into the city. lower deck, lane blocked as you're heading to treasure island, construction zone overnight. peninsula, look at this shot you guys. this is 101, north of highway 84 heading to the dunbar bridge. good steady flow of traffic, more than folks would expect. still, so sparse not a big deal for 101. again, the rain and puddles drying out. >> a little bit more rain on its way. >> just for the next few hours. >> sprinkles. >> we can deal with that. >> thanks. plans to upgrade at&t's network in the city hitting another snag this morning. plus jumping in feet first. theifnia went

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welcome back at 5:13. a live look near downtown san jose. hp pavilion, all is quiet. more delays on a vote to upgrade san francisco's communications network. the board of supervisors has decided to delay for a third time a vote on at&t's plan to install hundreds of network boxes. it wants a hearing on how devices fit in city construction guidelines. each 4 foot tall box contains technology, internet, cable and land line phone service in the city. opponents of the boxes say they would obstruct pedestrian

traffic, inconvenience property owners and they are an eyesore. a new vote scheduled for next month. new changes to twitter, co-founder of twitter says he's leaving the company. up next, he plans to team up with former twitter founders to relaunch the company obvious. it's not clear what kind of service obvious will offer. twitter made a lot of changes. former ceo evans williams bowed ouchlt the rest of your news before the bell we turn to nicole lapin with the cnbc headquarters. good morning, nicole. >> good morning, futures are higher as investors await the outcome of an austerity vote in greece. if the greek parliament passes the plan the country could be eligible from the imf which could help it avoid a default. europe was also positive, last time i checked. we do get some of our own data out on pending home sales.

wall street rose yesterday on the news out of greece, strong earnings from the likes of nike and a slight rise in home prices in april. to recap some of that market action, triple digit gains over the second straight section 145 points, 12,188 is where we closed there. nasdaq added 41 to 4729. in the wake of the hacker attack on citigroup, a new study found banks and credit card companies can make consumer accounts and i had its safer with a couple of steps. they do a pretty good job resulting fraud issues when they happen but fall short on prevention. bank of america ranked best in terms of protecting customer data. javelin said it can shore up fraud prevention by doing little things like stop asking customers for social security numbers as a form of id. meanwhile american express is teaming up with facebook to let small business owners trade membership reward points for ad

space. companies can get $50 worth of facebook ads for money spent. small businesses tell them the biggest challenge they face is finding new customers. facebook, by the way, has a couple users. i don't know if you've heard of this little country around your neck of the woods, 750 million users. >> i'm sorry, did you say facebook? that rings a bell. >> all right, nicole. thanks so much. a california couple took their love to new heights when their skydiving adventure turned into a wedding proposal. after jumping out of a plane at 32,000 feet. the san luis obispo woman saw a sign literally. he had landed a few minutes before her and had a question. with relatives with champaign and a picnic he asked if she would join the family, too. >> so exciting and perfect to be with me forever. >> i was a little overwhelmed. i didn't cry from skydiving but

i started bawling at that moment. >> he had been wanting to ask the question for six months and skydiving would catch her off-guard. let's check in with christina loren. good morning. >> good morning to you. we have a good looking forecast for today. a little on the cool side. you proposal need that jacket throughout the day. cool, crisp sunshine as we head through the afternoon. then our numbers start to climb. we have a big-ti time warm-up o the way. nice clear picture. no dense fog yet. mike and i will be watching that all morning long. i do think we'll see a pretty good round of fog towards the 7:00 a.m. hour. here is where we ended up, almost an inch of rain, over an inch in napa, oakland, concord. you picked up over half an inch. for today we're going to start to dry out this morning.

creeper cells from the south. that won't last very long. in fact i'm going to rule out all shower chances even in the east bay hills by about noon today. here is what we're looking at. cool down, cold front rode through the area, behind it a 60s and 70s with a breeze making it feel cooler for june. traditionally our highs end up in the 80 degree range. starting friday we're talking about triple digit, 100 degree weather in the east bay, 90s, upper 90s in the south bay and even san francisco 80 degree weather headed your way. this is what it looks like in terms of your seven-day outlook. 98 on sunday. the good news is fireworks will feel like the fourth of july. 93 degrees on monday. back to you. >> good barbecuing weather. thanks, christina. 5:18. one of the smallest dogs around is flexing its muscles at a farm overseas. we're going to show you nancy, sheep herding chihuahua at a

farm in the uk. although sheep are six times the size of nancy, she has no trouble showing them who is boss. the pooch learned her trade staying at a local kennel. nancy watched border collies at the kennel and picked audiotape trick or two themselves. kennel owners warn they should not urge dogs to herd sheep because it could get them hurt. national recognition this morning, we'll explain why coming up. take a look at some of the frothiness, all sorts of companies ipoing today. >> greenness, nice flowing traffic, green means a little above in parts of the n north b. watch slick roads, the commute as it builds and i'll show you what's changing right now.

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we welcome you back with a live look at hp pavilion in downtown san jose. 5:21. san jose's leland high school principal liz chamberlain is this year's principal of the year. she was given the award during a national high school debate tournament in dallas earlier this month. she was honored for her support of the speech and debate program, which is the largest in the nation. the school, along with bellerman college prep and union city's james logan high were all honored during this tournament. the annual attracts the top schools from across the nation. we'll check the roads with mike, any problems yet? >> not just yet. rains from yesterday and overnight still going to have some patches of puddling and slick spots in the road. watch that. south bay we're showing a smooth drive now marla in the northbound direction. speed limits close to the limit there. construction zone may still be crews there. although overnight i don't think

they hit highway 16. still construction zone between bear creek and summit. interestingly they are fixing drains. i don't think they got there overnight. had to use drains overnight. still a 15 minute drive out of the altamont side towards dublin interchange. smooth flow here through castro valley, 880 looks like this. live look at the coliseum camera shows smooth northbound, headlights, moisture in the air making them glow. roadways droig out. a's play so expect post-war traffic. an increase in the number of headlights coming through there off 580 at the bottom of the screen, 880 overcrossing clear because of the lighter flow from the coliseum i just showed you. >> an australia vacation nearly turns into a deserted nightmare for a tourist. ian cole was snorkeling at the great barrier reef over the

weekend. when he came out of the water he realized his tour boat wasn't there. he panicked then calmed himself down when he spotted another boat in the area. he swam 15 minutes to reach that kraf. he was shocked to learn the tour boat along with other snorkelers left. >> i was tired, panicking. i was happy to make it to the boat let alone back to the coral. >> he received a refund and a gift certificate to a restaurant for his troubles. it brought back memories of an american couple left behind in 1988. they were never seen again. their story was inspiration for the movie "open water." today lindsay lohan is free to leave her home. she's been on house arrest on charges she stole a $25 necklace from a jewelry store in january. while she couldn't leave her home lohan tested positive on a court ordered alcohol test.

although she failed the test, a judge ordered she was not in violation of her probation. 5:24, tech space continues to heat up with companies just a few years old onworth potentially billions. scott mcgrew joins us for that. >> starting to feel a little bubbly, a lot of tech companies talking about billions of dollars. the latest is zynga which could raise $2 billion in its initial offer of stock. our friends at cnbc who work on the other side of the newsroom report they could file paperwork as early as this morning. zynga makes games like farmville making money off players who buy things like virtual cows. homeaway.com, which helps you rent a house or apartment for vacation use also getting ready to start selling stock as soon as this morning. they will trade under the symbol away. the price they are proposing would make the website worth about a fourth of the size of hewlett-packard.

sacramento fits in, all those people making money off stock pay tax. though california doesn't have a capital gains tax the way the fed does, they consider capital gains to be income, so it's taxed that way. all this frothy moneymaking on wall street is a major part of the money that lawmakers are counting on to balance the budget. so when we talk about sacramento anticipating more tax money, it's not because they think we're going to get raises. who is getting raises in this environment. >> lucky to have a job. >> it's the stock market that's doing a lot of this. as long as that continues to be as frothy and bubbly as it is, sacramento should be okay. >> i wish our personal value would increase like that, billions in just a few years. >> we need a startup. >> yes, we do. >> we need a startup. >> let's do it. 5:20, keeping the streets of oakland safe. why oakland might not use as many police jobs as projected. i'm bob redell live at the alameda county fair where they are preparing hundreds of pounds

of ground beef in an attempt to cook the hamburgege hamburger. all 600 pounds, we'll tell you how they plan on doing this coming up. r.

breaking news out of san francisco. a boat capsizes near the cliff house sending three people into the frigid water. we'll tell you how they got out plus why the coast guard is still out here and concerned this morning. and a plan to keep officers on the streets in oakland. how the city council plans to save dozens of police jobs. and a live look at the beautiful bay bridge at this hour. it is wednesday june 29th. this is "today in the bay." good morning. welcome to wednesday. thanks for being with us this morning. it's just about 5:30. i'm marla tellez in for laura

gar c garcia-cannon. we're going to check the forecast first and foremost. good morning. >> good morning to you. we had a supper soaker through the bay yesterday. we'll talk about rain totals, who picked up most, what that means for the rest of the day. onwe have showers on the way, a little for the first part. i'll show you where and when, what's to come, significant warming trend, triple digit weather in just days. we'll talk about that but let's get you to work on time with mike inouye. >> because of rains we had few crews doing roadwork. we had closure on the lower deck of the bay bridge, maintenance closure closing a couple lanes in the city towards treasure island got picked up after 5:00. a live look at the sthot of the bay bridge from the san francisco side. see the stream of headlights starting to increase. more folks heading into the city. no problem so far. we do see the clouds hovering above. see things developing and give updates. >> thanks, mike. breaking news from san francisco

where commercial fishing boat capsized off the coast overnight. "today in the bay's" christie smith is live near the cliff house with this coast guard rescue. good morning, christie. >> reporter: good morning, marla. the coast guard has been standing out here for the last 25 minutes with binoculars. they think they have found the boat 1,000 yards beyond the cliff house in san francisco. what a night for the three men on board tossed into 55 degree water. it's cold out here now. i can't imagine what it was like around 12:40 when the mayday call came in for a 49 foot commercial fishing boat that capsized. those three men were clinging to the side in the water. the coast guard station golden gate got out here at 1:00 in the morning. they had the three men out of the water within three to five minutes. fortunately they were able to deploy a life raft on their own. they are safe this morning. i just spoke with the coast guard moments ago.

they tell me there was 800 gallons of fuel on board of that's their next big concern. >> our command center has requested an overflight at daybreak. so they are going to fly over the area to do an assessment for us, see if they can see any sheen or anything. >> if they do see any, then what? >> we'll look at getting people on the here to respond and get cleaned up. now, the coast guard says that the fishing boat had about 270 crab pots on board and 80 of them were full. the weight on board the boat somehow shifted, which they believe caused it to tip. two of the men are resting this morning over at coast guard station golden gate. a third man was taken to the hospital for observation and possible hypothermia. reporting live in san francisco, christie smith, "today in the bay." >> thank you, christie. funeral services will be held today for a martinez police officer who died after a two-year battle with cancer.

friends and family will gather to remember sergeant brian carter. carter died last week two years after he was diagnosed with non-hodgkin's lymphoma. he planned to return to the force after a bone marrow transplant but things took a turn for the worse. sergeant carter was 37 years old. this morning's funeral service will be held at 11:00 at the fairfield community center. this morning an east bay family mourning the loss of a loved one, a decorated soldier on his third tour of duty overseas. the pentagon says specialist kevin hilaman was killed in afghanistan sunday when insurgents attacked his unit. he joined the army in 2003 and served in the infantry. during his three deployments overseas, he earned the purple heart and bronze star. the 28-year-old was most recently from albany. oakland may miss a deadline to have a budget in place after the city council failed to vote on one. this comes as city leaders are trying to find ways to put police officers back on the streets.

the city has reached a tentative compromise with the police union and four other city employer groups. the plan could save the city $40 million a year. they are willing to pay a part of their pension plan. but if councilmembers vote to bring 44 cops back, 44 others would be let go through attrition. it's a problem the city's police chief has to deal with. >> this year if things go through and we're budgeted for 650, we want to go a little above that by 20 to 22, trade at six a month, worst case scenario. for me, i'll take it. i'll take whatever i can get. >> with a $58 million budget, local groups are pushing for funds to be spent on social programs instead of adding more cops. the alameda county fair is in full swing in the east bay but there's one attraction that could send shivers down your spine. "today in the bay's" bob redell with a look at dishes fit for

the strongest appetites. >> reporter: good morning, marla. come to the fair and get what we refer to as regular food, the world's largest barbecue. find people like jungle george who will be selling exotic meats and of course your favorite chocolate covered bug insects. larva, sour cream and onion crickets. we met a girl on the peninsula, so convinced bugs are a sustainable source of nutrition, she's incorporated them into her own diet. >> a little hot. people hire me to come cook bugs at fairs, events, museums, schools. >> this is daniella martin, we're in her family home in wood side. i'm starving as always. she's a chef, ready to cook up something. >> let's see. we have dragonflies, emperor scorpion, partially frost bitten

cicadas. >> what's that here? >> that's ice cream. you can't have any of that. >> what are we going to have. >> balt. >> b is for bee larva. >> high in omega fatty acids like fish. it becomes perfectly clear this is good food. >> are you going to eat that? what? without even asking. >> i'm not worried about the counter. >> there you go. you're going to like it. it's like a mushroomy bacon. >> you're right. >> there we go. i'm telling you, this is going to be one of the tastiest things you've had. bug appetite.

>> i was going to make fried green bug worms. then crickets, dry roast and make into a pesto. >> i'm going with crickets. >> smell pretty good, like toasted almonds. a little basil and, of course, plenty of olive oil. there you go. >> that's plenty. >> cricket pesto. insects contrary to popular believe are the company's most ecologically sustainable form of animal protein. >> boy, marla, i can't believe how much kick them they have after you roast and grind them. >> very clever. >> you don't think about daniella. >> i'm sorry, bob. >> if you wonder how schett into

bugs, studied anthropology, lived in the yucatan to learn about precolumbian culture and their reliance on insects and that was her aha moment. she still does eat what you refer to as regular food but has incorporated those into her diet. can you find out more at girl meets bug.com. we're at the alameda county fair. we have nick and brett. they have custom built this cylinder right here. they are going to be packing it with what on saturday. >> 600 pounds of ground beef. >> in an attempt to have the world's largest burger. the record is 590. they have a special bun that's being baked as we speak. they will be laying it with all the toppings and trying this at the alameda county fair. >> check out the buns on that one, huh? >> exactly. >> my question, though, really, the crickets and insects you tried, was it really good?

>> actually that larva tasted like mushroomy bacon, wasn't good. i can't get over the ick fact or. one-time trying, crickets, blend them up, put so much in there, you don't know what you taste. we were talking about jungle george selling chocolate covered bugs, he says it's pretty good. i'm more for the burger and those things back there, sausage links and turkey legs. >> bob, thank you for that. we'll check in with christina for the forecast. >> good morning to you. we picked up rain yesterday, today a little shower activity. overall drying out and sun coming out. 5:39 in the morning, show you what to expect for the day. showers will continue to pump in from the south. we're not going to see a lot of this activity. in fact for the time being just that one little cell situated right over the bay bridge. mike is going to be along with us in a moment to let us know how traffic is flowing.

not interrupting your commute that much. 58 in livermore, 58 fairfield, 57 in santa rosa. 54 in the city. to be honest, we're only going to tack on an additional 10 degrees with our daytime highs today. not that warm. you'll look out the window, see sunshine but need to grab that jacket. temps in the low 70s in the warmest spots across the bay. 74 morgan hill, 70 fremont, 65. that's it for you today in alameda. 65 in richmond. the city of san francisco just 62. as we head through the next few days, these numbers will jump into the 90s. we're going to talk about that in your extended forecast. today 66 in novato, 65 in san rafael. there it is, that warm-up. 95 by saturday. 98 sunday. we'll talk about why and when we'll cool off substantially coming up. this is what we're typically used to this time of year. let's find out if we have anything typical or out of the ordinary on the roads with mike. >> we're looking at atypical

nonslowing for the 66 by hillcrest. we don't have that slowdown which usually kicks off about now. we do have 52 coming in through pittsburgh and bay point. that has been the pattern in the last few weeks panned we see it today slow through bay point. slowing yesterday. bring those speeds down right here 54 miles per hour average out of the altamont pass into livermore and smooth through livermore and pleasant. a 16-minute drive. another minute added to the portion of the commute. over the bay bridge, no problems there. i don't see any windshield wipers at the toll plaza yet but a lot of blur to lights because there's moisture in the air. a live look out there will show you what we're talking about. we're looking at the san mateo bridge, tough to see past the flat section capital make out hills, haze there, camera shakes a bit, winds gusting up time to time as well. another look at the golden gate bridge clouds hovering around that deck as well, still see the

marine site. clouds in the area. marla, back to you. >> thank you very much for that, mike. emotional testimony over a cans are drug. fda holding hearings on whether to approve the drug avastin for treatment of advanced breast cancer. tracie at issue whether the drug actually works for breast cancer patients. >> reporter: absolutely, marla. in some cases it does. those patients are called super responders. these are people who really respond very well to this drug, but that does not appear to be the majority. some recent studies found not only are women with advanced breast cancer not living longer on this drug but there are also concerns about it causing high blood pressure, being linked to internal bleeding. for that reason, the fda officials have suggested taking it off the market only for breast cancer. but that never became final. the company who makes the drug, they appealed and that's why

we're having this hearing today to determine whether or not there's actually enough evidence to pull it off the market for breast cancer. i make that point because it's already been approved for a number of other cancers and could be used off label for breast cancer patients even if it loses approval. the problem with, that insurance. if, nfc, it's not approved specifically for breast cancer, insurance companies may not pay. marla, this drug out of pocket costs some $88,000 a year. >> wow. okay, tracie potts, live in washington. 5:43. a looke h ththcaforendst a aftrld bait wrih fie forethst and trafc firit afteghr this. r

good morning, everybody. it's 5:45 now. a live look over san jose. some cloudy skies. christina is going to tell you if more rain is coming our way.

>> just in the nick of time governor jerry brown expected to sign the state budget today just a few days before it's supposed to go into effect. both houses approved the plan last night with little debate. the budget was worked out between governor brown and democratic lawmakers who have enough votes to pass the budget without republican support. the new budget eliminates a $26 billion deficit through deep cuts but no tax increases and some very optimistic revenue projections. if that money does not show up, even deeper cuts will take place. democrats say there is no other solution. republicans say the state needs a better plan to avoid an impending crisis. dozens of people are coming together to pray for an east bay for a teenager in critical but stable condition after sand collapsed on top of him. he was with his church group at sunset beach near watsonville saturday when this accident happened. every night this week prayer

vigils held at creek side church have he attends. more than 150 people have come to those gatherings. has family created a website where they have been posting updates on his condition. they say the 17-year-old is being slowly weaned off of drugs that are keeping him sedated. 5:47, a settlement reached between b.a.r.t. and oscar grant's mother. the agency will pay $1.3 million to settle a civil suit filed by wanda johnson. johnson was joined by her brother and civil rights attorney john burris following the settlement. now, the settlement does not include any admission of guilt by bart or any of its officers. he was killed by johannes mehserle. he was released earlier this month. b.a.r.t. settled with oscar

grant's daughter for $1.5 million in january 2010. the oakland fire department is working to figure ow the source of a diesel fuel spill that left an oily sheen on top of the lake. cleanup crews finished work at the lake around 7:30 last night but left a containment boom on the water as a precaution. the fire department doesn't know how much fuel leaked but the battalion chief says four to five acres of the surface were covered before crews contained the fuel. check that forecast with christina loren now. more rain on the way? >> just a little bit of isolated activity, marla. good morning to you. we have big-time changes, though. a warm-up. it's going to catch some people off-guard. let your friends know these temperatures which will only end up in the upper 60s and low 70s today, they are expected to climb into the triple digits as we head throughout this weekend, saturday and sunday both look like cookers around here. take a look at the difference.

just 15 minutes. golden gate bridge, a completely clear view a few minutes ago now that fog is settling in as low pressure moves out of the area, high pressure moving back in compressing that moisture we picked up yesterday. as a result you lose that visibility. that will be the case tomorrow will it's going to take quite sometime for our atmosphere to really dry out. we picked up so much rain yesterday. one inch, over an inch in oakland even. we'll get to those totals coming up. let's talk about what's to come. big system of low pressure, could bring showers to the area. it's going to take a ride on the jet stream. something i do want to point out this morning, very unusual to see this, just about three days away from the start of july we have snowfall coming down in the highest peaks of the sierra nevada. very unusual this time of year. as we head through the day, especially tomorrow, the system will pull out, take the cold front with it, take a ride on

the jet stream going way to the north and high pressure will build in with a vengeance. we're talking about temperatures up to 98 degrees on sunday. i'm talking about places like livermore hitting 98 degrees. that means concord probably 101 degrees for you. we'll cool off just a little for the fourth of july. still warm enough where you need to be drinking lots of water if you'll be outside for any duration of time. we want you to be safe this time of year. back to you. >> thanks, christina. 5:50, the giants taking it easy today. they will only play one game against the cubs. it starts at 5:00 tonight. game one yesterday the giants lit up the score board. they scored 13 runs, pat burrell and miguel tejada each hit home runs. the giants win 13-7 in that one. ryan vogelsong picked up the win now six and one. barry zito made his return in game two. he pitched for the first time since mid april and gets the win. scored six more runs in the night cap. giants win that one 6-3.

now they have won seven games in a row. 5:50, "the voice" coming to the bay area. when and where auditions for season two will take place. you've heard pout entrepreneurs losing their shirtd, we'll take you to a guy who lost his pants. >> wow, a lot of company here, cars change from green to yellow. that means slowing into rm what else is changing in the commute and overcast skies. my mother has the kids tonight.

♪ [ male announcer ] how do you say boursin?

this ought to wake you up, a beautiful shot of the bay bridge this morning on this overcast morning. 5:53, nbc's hit show "the voice" ends tonight.

♪ the four finalists rocked the house last night, each performing an original song with their duet coach. voting open until 7:00, then winner crowned here in the nbc bay area. they will be awarded a contract and $100,000. they are casting, crews will be "the voice" is casting for next season. crews will be in san francisco in august looking for new talent. they will be here the 23rd and 24th. exact location to be determined. if you cannot make it to the audition, you can also submit online at nbc.com. a man with a voice for traffic, what's going on there. >> and a face for radio.

>> smooth ride. no problem for speed sensors or lights. i'll show you that in a second. right now i want to move for the peninsula side where we're looking at san mateo. 101 at 92 looking good. over here 280, we've seen northbound and southbound side, northbound side north of 92 with alleges slowing. an indication more folks hitting the road and streets starting to adjust through that area. south 101 a live shot, aaron one of our photographers looking at the 101 freeway north of 84 northbound headlights coming toward us, heavier volume kicking in out of menlo park and heading towards san mateo. southbound side not a problem to the south side. another shot across the bay, oakland shows you an easy drive past the coliseum, a reminder a's playing. marla, toll plaza, low clouds there, no windshield wipers, smooth clouds hanging above oakland hills. >> thanks so much. 5:55.

scott said the guy had quite a night, lost his pants. >> people add pictures to the stream. what's interesting, the pants part. i guess you can't walk down your own street half naked. who knew? i got a free ride home by a nice police officer. updated that tweet by saying half naked, i meant naked. those who doubted he was arrested he naturally enough tweet add picture which appears to be from the back of a police car. now, this is all we know. some blogs, though, say everett was streaking. >> where does he live? >> i'm not saying. >> did you see this? this is the pope tweeting. >> my goodness. >> just gives you pause. both because you don't think of the church as being particularly techie. also, my goodness, apple is everywhere. you can't see it behind our sign there but that is an apple ipad 2.

go figure. it's natural enough, the apostle paul probably would have tweeted if he could have, tweet to the galatians, corinthians. >> i'm sure he tweets more than i do. i need to update my twitter account. >> there you go. both the pope and apple, my goodness, it's everywhere. >> 5:56, helping you get ready for the fourth of july, bay area cities where you're going to be able to use safe and sane fireworks this year. and a live look at san francisco's ocean beat looks to be a cloudy start to wednesdaybe stay with us.

breaking news out of san francisco this morning. a fishing boat capsizes throwing three men into the ocean. i'm christie smith. coming up, we'll tell you about the daring rescue plus why the