♪ california's still standing, californ is poised to come back. and this is still a wonderful, wondful institution. (applaus >> state senate presidt darrell steinberg breaing a sigh of relief after this morning's vote ends the longest stalemate in california history. senate approval of a belt-tightening deal after the assembly voted but 100 days late. live in sacramento with the details.

>> well, 100 days into the fiscal year and california finally has a spending plan. while the budget package is financially shaky, it does put the state back on track to pay some long overdue invoices. now, the budget clock which is outside the governor office, he put it there to count how many days the budget was late and now that marks the milestone, 100 days. it was put there to pressure lawmaks into action but clearly re of a prop than a whip. leaders thought for a month how to close the ficit. it includes $7.5 billion in cuts and what some call optimistic revenue projections. hours of arm twisting overnight with sessions lasng into this morning. the last vote taken by the senate around 8:30 a.m.. demands for reform like a bigger rainy day fund and lower pension cost for the state. he's expected to sign the final budget of his administration soon ending the longest period into the fiscal year they have

ever gone without a spending plan in place. not the way he wanted to end his tenure but that was the best they could do under the circumstances. >> this sobering times we all know for california and for the country and for the whole world. it's a tough economic time. we're just going through three years of the biggest recession since the great deprsion. so i'm proud that we used this crisis as an opportuty to pass major reforms, reforms that would help insure that we never have to suffer through a crisis like this again. >> now, the governor as his authorit he will use his veto pen on aadditional $900 million in cuts before he signs it. now, just because we have a statbudget in place doesn't mean that the state prevents issuing iou's. the state controller's office is looking at the numbers an analyzing the budget and making sure that there's enough money in pla to pay the $8.3 billion

of that so far gone unpaid. and so we'll see hopefully by later this afternoon he'll announce whether we have enough money to pay those bills. live in sacramento, nanette miranda, abc 7 news. >> thank you. meantime because of all-night budget negotiions, the state senator cancelled today's debate for state superintendent of schools agait his rival. new controversy this morning in the governor's race. jerry brown's campaign is apologizing to republican meg whitman after an aide made an offensive remark caught on voi mail. the los angeles times received an audio recording from the l.a. police union which has endorse the form he were e-bay ceo. last month brown caed and left a message for the union brown thought he hung up but as he and his aides talked, the conversation got recoed on the end. they were talking about whitman's deal to exempt public safety workers from part of her

pension reform plan. i will be -- (inaudible >> have a deal and i won't. she's a whore! a whore! i repeat that. cut a secret deal. >> a whitman's spos woman says the use of the term whore is an insult to both meg whitman and to the women of california. brown's campaign apologized to whitman and anyo offended. president obama is putting a positive spin on the latest jobs report. the labor departnt says the nation's you be employment rates remained unchanged in septeer at 9.6%. the economy lost 95,000 jobs, most of them expiring census positions but gained 64,000 private sector jobs. the president says that's a sign

the ecomy is moving forward. >> we've now seen nine straight months of private sector job growth. in all more than 850,000 ivate sector jobs gained this year which is in sharp contrast to the almost 800,000 jobs that we were losing when i first took office. >> president obama conceded the unemployment rate is still too high. he made the comments during a tour of a maryland brick and masonry company. bank of america announced today it will stop selling foreclosed homes in all 50 states as it reviews potential paperwork problems. this comes after the company discovered company employees or their lawyers signed documents in foreclosure cases without properly verifying the information in them. those documents were used to justify evictions. bank of americis the first bank to put a moratoum on foreclosure sales in all 50 states. in previous weeks, bank of amera and several other banks filed foreclosures and evictions

in 23 states where courts are included in the proce. police are looking for e father and grandfather of two young boys taken from their home in aneim last night believed to be a parental abduction. the four-year-old and two-year-old were with their mother outside their house when the two men grabbed the boys and drove off in a dodge caravan. fire investigators on the scene of a fire that destyed a restaura and a boat. flames flaired up again this morning and now there are environmental concerns in t oakland estuary. theresa garcia joins us live from the 300 block of 29th avenue. theresa? >> the rean that the estuary became a concern is the other side of that restaurant behind me actually faces the water. so the fire department and the coast guard crews got the bm out as soon as they could. that was basicly to contain the debris and any runoff from

the firefighting and so far they're saying no environmental concerns. now, the fire at tiki tom's restaurant was reported last night around 11:15. when firefighters got there, it was already engulfed in flames. the roof collapsed. it took three hours to control. also a boat docked behin the restaurant caught fire. people are saying they believe that was the owner's boat. the 20-foot cabin crser floated down the estuary and then it sank. since the restaurant was closed and secured they didn't have quick access in the building but the crews tackled it from th outside. >> we were not going to g inside this fire and fight it on the inside. it was a defensive fire from the onset. >> is the building destroyed completely? >> total loss. >> tiki tom took over the same location a few years ago. nobody has been able to get ahold of the owner tom davis. a limo for sale outside the

restaurant didn't burn but got a lot of debris falling all around it. the neighbors believe the owner may have been having financial struggles with the business. crews are saying it actually wasn't open last night and being a bar and restaurant probably would have been at that time investigatorhave been taking a look, an aerial picture to see if ty can find where that fire started. they sd it's so destroyed it's going to be tough. right next to the pa street bridge at alameda. nothing else burn exempt the restaurant itself and they're saying it's a total loss. it's going to take some time to complete the investigation. live in oakland, theresa garcia, abc 7 news. >> theresa, thanks a lot. a wounded sea lion found shot in the face last month is making a tremendous recovery. the historic surgery he's gettin today. and the giants on a roll! >> i'm jenelle wang live at at&t parkhere giants fever is going around. people are feeling hot, excited. i spend three hours on my homewo -- or at least that's what my mom tnks.

with high speed internetfro, i gemy homework done fast, leaving me time to download movies and music and chat with my friends. [ mom ] how's your stuing? it's coming along! [ female announcer ] work faster, plamore th the fastest internet for the price. call to t high speed for $14.95 a mon with a one-year price guarantee. please, i know what he's up to. high speed internet from at&t is so fast that we get re done in less time, leaving me time to chat... watc. without enage distractions. and it's affordable for our family. [ female announcer ] ll to get high speed for $14.95 a month with a one-yr price guarantee. plus get access to the entire at&t national wi-fi network on the go. cookies? [ boy ] sure! te your friends hi for me. ♪ [ fema announcer ] high speed internet from at&t.

>> the giants are hoping to recreate the magic tonight after beating the braves durg the playoff period. the fans are freaking out. jenelle wang is live at at&t park with all the fanfare. jenelle? >> hi, kristen. yes, fans will be freaking out in a few hours from now. one game down an more wins to go in the playoff serie against

the atlanta braves. the first pitch is 6:37 and pitchematt cain will be on the mound for the giants. there are giants fans around the ballrk right now just milling around, taking pictures. many stopping by the gias dugout store. everyone wearing their orange and ack and giants gear. we even ran into a fan who has tickets for tonight's game. she like many others has the giant fever. >> i do. i've had it all ye long. (laughter) >> last night was brutal though. i thought oh, god, if we win this will be good. i feel good, i feel hyped up. >> last night a lot of people celebrating after the giants won game one in front of a sold out crowd of about 44,000 fans. tim lincecum was nea perfect pitching the entire game striking out 14 batters. the giants beat the braves 1-0. tonight's game is also sold out as of an hour ago. no tickets are available on

craigslist. on stubhub i saw tickets starting around $11 bucks. the series will move to atlanta sunday for game three. if a fourth game is need that will be played in atlanta monday. and a game five is necessary, we move back to san francisco on wednesday. now, if the giants move to the next round or should i say when the giants move to the next round, they will play either cincinnati or philadelphia. this place is gonna get packed in just a few hours from now. the restaurants will be so crowded for those people celebrating before the game with those tickets. but also for people who don't have tickets. just wanna be in this area to feel the atmosphere. watching at bars and restaurants on the big tv. reportinlive at at&t park, jenelle wang, abc 7 news. >> love that attitude. when, not if. the weather's ing to be pretty nice for the game. >> absolutely. going to g cool once again. a lot of folks in the sweatshirts last night. sounds like good attire for tonight.

sunshine and hi clouds. get used to this scene. the temperares will warm over the weekend. your fleet week forecast and also if you're heading to the sierra. >> mike, thanks and the nobel peace prize triggers a war of words. has president obama involved. >> a popular diet pill is being pulled off the market now. the problems it can cause.

♪ a califora sea lion that was shot in the face is getting plastic surgery this morning. doctorwill operate on the animal's muzzle in a facility at sixflags discove kingdom in vallejo. officials found the sea lion in the sacramento river in november. he had two gunshot wounds above his nose that hindered his ability to dive underwater for food and survive in the wild. a sacramento fishman was arrested connected to the shooting. >> really nice. the weather you expect in san francisc but rain-free conditions at least this time of the year. and a nice looking picture of at&t park. notice the winds are blowing in from the east. a little bit today that will switch around. won't be much of a factor in the game whatsoever. let's take you up to the sierra. you see some of the snow hanging around the mountain tops from the storms earlier this week.

the lower elevations in the ski resorts dry now but had empathying about an early winter. looks like that could happen. let's talk about temperatures outside under a mostly sunny sky. all of us low to mid-60s. even warmer antioch at 69, los gatos 59. around the monterey bay, off to the mid to upper 60s even inland. highghts, mostly sunny conditions, the slightly warmer weather this afternoon. clear, kind of cool tonight and sunny in our afternoon weekends will be warmer than average. as far as today, we'll stay the same in oakland, 70s san francisco 2 degrees higher than yesterday. concord and redwood city, 4 and 6 degrees. walnut creek and dublin 77 degrees. upper 60s to low 70s on the east bay shore with oakland and hayward right at 70. south bay, san jose, cupertino 76 degrees.

the middle 70s today on the peninsula. low to mid-60s for you. sausalito in the mid to upper 60s. north bay beaches may see a few clouds the farther north you head but the most part low to mid-60s with sunshine, low to mid-70s your valleys. monterey bay, low t mid-60s until you get to gilroy, 77 degrees. here's yours forecast for game two, got the braves again tonight, 6:37. clear and cool. temperature dropping down from 63 degrees to around 59 by the time t game ends. there may be a few high clouds but the most part will be clear. temperates tonight, 45 napa, santa cruz, morgan hill and also livermore with low to mid-70 and low to mid-50s for the rest of us. fleet week forecast. 68 today in san francisco. 73 tomoow and high cloudsnd sunshine. possibly even 78 on sunday. just about total sunshine.

let's head up to the sierra. forecast as promise jumpg up to 70 degrees in tahoe. by the end of the weekd and near 90 yosemite. as far as wh we're seeing upstairs, the low that's starting to pull away. high pressure moving in and as this high moves in, going to dominate our weather for th next couple days. you see a lot of high clouds to our west but that's about all we'll get out of this system. temperatures jump 4 to 8 degrees sunday and temperature next week near 70 at the coast, near 80 aroun bay and mid to upper 80s our midland neighborhoods. dry and sunshine forecast. >> president oma is calling on china to quickly release nobel peace prize winner luu. called him an elegant, courageous reporte of human rights. they were outraged after awarded this year's prize. long struggle for human rights.

he was sentenced to 11 years of prison on subversion charges after he co-authored a document. a fire warning issued for lithium batteries often found in laptops. new resech shows lithium batteries are sensitive to heat and can ignite in flight if transported in cargo departments and get too hot. they wants advice how to rece the risk of fires. a pharmaceutical company agreed to pull the diet pull meridia off the shelves in the united states. the food and drug may announce it this morning. critical trials have the drug with an increased risk of heart attack and strokes. they pulled them off store shelves in canada and helped regulators pull the drug in january. mike will be back to introduce us to a couple new friends, ruby and mandy.

today on oprah at 4:00, 30-year-old virgins explain what's holding them back. then abc 7 news at 5:00, one of the cops on chips is in trouble with the law. a court of law determines whether you can burn a certain kind of log in your fireplace on spare the air days in the went. those stoes with friday's free stuff coming up at abc 7 news at

5:00. perfect pets. these litt guys, matching canines. >> goes very well. hi, kerry, how are you? >> i'm great, thank you. >> kerry harrington joining us from the hune society with miss mandy and mr. rudy, here. tell us about them. >> mandy and rudy have been together all their lives, for nine years. we'd love to find a home for them considered. they're considered senior pets but hope that doesn't deter people from wanting to adopt them. looking foa family to relax and spd some time with and they're obvioly big giants fans so -- (laughter) >> yeah, how'd that happen! (laughter) >> i don't know! people tend to look at younger dogs when they adopt. but rudy's eight and mandy's 11. they have a lot of years ahead of them. we'd like to say they're looking for a retirement home, a place to relax and be loved. >> just like that. >> rudy, people on a diet, he's

lost four pounds ready. he's going in the right direction. >> four pounds. >> yeah. he's doing good. >> and came to you -- so they've been with the same family. >> they were at the same family for eight years and they had to move overseas. if possible we'd love to keep them together. >> you can tell just the way they are. >> and pretty low maintenance. >> they seem like it. if you're interested in mandy or mr. rudy, call our humane society. we have an update, a nice update on one of our previous perfect pets. piper, you may remember piper the cocker spaniel from the peninsul humane society. he's been adopted. we hope to find rudy and mandy homes, also. you're so sweet. look at that. i don't even have any food on my hands. she's st a loving dog. that's it from here. >> mike, i think there's magic inside them, too, don't you think? thanks for joining us. for all of us here at abc 7

news, thanks for joing us. w "who wants to be a millionaire" is coming