>> and i'm kristen sze. the idea students charged different prices based on race, a statement against bay bill that could revive race-based admissions and affect future students applying to cal universities. >> reporter: good morning. the bake sale has generated a lot of hype. you can see a large crowd has gathered to see what is going to happen. so far it has been calm. we've seen individuals getting into tense discussions, but nothing violent. republicans are calling their bake sale a success. even though their first customer did try to shut them down. >> i'm happy to buy all of them. could i buy all of them? they won't let me buy all of them. >> reporter: nope and they still have baked goods to sell. the price list depends on your race. white people have to pay the most, minors pay less.

it is satirical, the group says. people can pay what they want. ward connelly the former uc regent who was a force behind getting rid of affirmative action. they are protesting sb-105. no matter what the sales are today, they are calling this a win. >> i think even before the bake sale started we've met our goal, which is to start discussion about this politically and sensitive topic. i think if they had any forum or discussion about it, it wouldn't have reached local news let alone international or national. so i think it has been successful already. >> this bake sale is designed to call attention to that. someone asked is this racist? yeah. but more importantly, sb-185 is racist. >> reporter: counter protesters are here. one group has set up a phone

bank to support sb-185. there are people protesting the bake sale's attack tick. many calling it offensive and wrong. -- >> we oppose the divide and conquer represented by this event today. we are going to build a mass civil rights movement, to open doors to public education at these universities for people of all races. >> reporter: police officers have surrounded this bake sale. they've not been needed. everyone is calmly getting their message out. they were worried, republicans said they received violent threats leading up to the bake sale. both groups are out here, loudly, getting their opinions out. we know where both sides stan on this issue. only one opinion matters, that's governor brown. i called his office to see what he's going to do, the bill is sitting on his desk. his office says it is customary not to comment on

whether he is going to sign a bill so two wait. amy hollyfield, abc7 news. >> -- >> next story has to deal with what to do about a sausalito politician who may have slapped the hand of another city councilmember during a heated debate. you have to see it for yourself. terry mcsweeney is in sausalito. terry you talked to the d.a.'s office what are they saying? >> reporter: they got the case a short time ago. cannot talk about the case in particular. they say this every battery case they look to see the facts, the circumstances the suspect's criminal history, if any and figure if they have a real good chance of getting a conviction. all of this because of what happened here at the sausalito city hall on september 13th. take a look for yourselves. this is in its total on the right councilwoman ford next to her vice mayor kelly. she stretched out her hand and tells him to hush.

he responded by whacking her hand, that's it. the d.a.'s office does say technically the slightest unwanted touching can be deemed battery this is clearly unwanted. councilwoman ford says it was more than a light tap. >> i held up my hand and said shush. i put my hand back down. the next thing i knew vice mayor kelly hit it and hit it hard. it was meant to hurt. >> reporter: if the d.a.'s office does decide to prosecute mr. kelly, you see here, there are several ways this case could go. could go to a citation hearing where he would be told his behavior was inappropriate and not to do it again. anger management or community service and once completed this would not show up on his record. to give you an idea what a conviction on misdemeanor battery could bring, the maximum sentence is six months in jail and/or a $1,000 fine.

not a true possibility in this case say observers to the marin county d.a.'s office. a half hour ago police chief tejada told me she has talked to mr. kelly he's apologetic. mr. ford said all she wanted in the first was place an apology. she waited a week, didn't get it. then she went to the police. this may come to an end at the meeting. and maybe they can work on getting that reputation back. terry mcsweeney, abc7 news. san mateo police standing by their decision to shoot two threatening dogs at a park yesterday afternoon. they responded after getting 911 calls from worried parents. witnesses say the dogs threatened a child and a smaller dog but never attacked anyone. animal control was called to help subdue the dogs.

police say the situation escalated too quickly to wait. one of the dogs died the second wounded and later euthanized at the family's request. the humane society will investigate the owners level of responsible since the animals were in the pack unattended after getting out. the shooting has gotten viewers buzzing on our facebook page. >> if my kid was in danger i would have done the same. i would rather be a dog shot than my child being 1/2ed on to death. >> disappointed -- animals are innocent people are the true animals in our world. you can join the conversation at facebook.com/abc7 news. warning for hikers in marin county. there may be a brach bear roaming around. officials have seen plenty of bear droppings over recent weeks. the san jose mercury news reports the bears were

released and kill off during the early 1900s. a black bear hasn't been sighted in marin since 2003. >> a woman dead after an accident yesterday at the calvin crest conferences. according to00úrñ the camp's website the 23-year-old died after falling 30 feet through a trapdoor on the rock climbing wall. she was an educational instructor at the camp. students did not witness that fall. in sacramento, bart's police department facing tough questions regarding officers training and pedestrianers. demonstrators have been holding -- weekly protests calling for the disbanding of bart police since officers shot and killed a man in july.#i san francisco assemblyman opened the hearing this morning. the hearing is expected to include testimony from bart's general manager and bart's police chief. tonight, the oakland school board will discuss a plan to close 13 schools at

the end of the year. superintendent tony smith's plan include shutting down five elementary schools. eight other schools will be eliminated by merging them with other existing schools. the move will save the district up to two million dollars a year and brittenum of oakland schools more closely in line with districts of similar size in the stay. the meeting will be in the auditorium at oakland high it stars at 5 p.m.. city officials will -- consider one of the toughest smoking bans in the bay area. if approved people caught lighting up in a 17 block area downtown could be charged with a misdemeanor some businesses worry it will be so restrictive that customers will avoid the whole area of the current restrict prohibits smoking within 20 feet of the businesses. some businesses could apply for an exemption but they may be required to build a

ventilated smoking area. family and friends of nursing stew michelle le will hold a vigil tonight, four months after she disappear. family and friends want to thank the community and volunteers who helped find her body september 17th. le disappeared late may in hayward. jessel esteban, her former friend is charged with her -- giselle esteban, her former friend is charged with her murder. a doctor accused of killing pop star michael jackson goes on trial in los angeles. hear the audio that prosecutors say jackson was under the influence of drugs. high risk job engineers are doing today at the national monument. 

prosecutors in the michael jackson death trial went for shock value by playing an audio recording of jackson slurring his words weeks before he died. [ unintelligible ] . >> audio was from dr. murray's cell phone. he's accused of giving jackson a lethal dose of a powerful anesthetic. jackson died at the age of 50. his family appeared in court today. diana avellar has more. >> reporter: one trial, two men. the victim the world's biggest

superstar, michael jackson. the defendant his personal physician, dr. conrad murray. all that is certain is that jackson died from a fatal dose of the powerful anesthetic propofol. prosecutors wasted no time telling the court who was to blame. >> i was dr. murray's repeated, incompetent and unskilled acts that lead to mr. jackson's death. >> reporter: murray's attorney disagree, claiming it was jackson himself. experts say it is possible. >> not at all i am plausible, in my opinion that he -- implausible, in my opinion he could have pushed an injection in that port and kill himself. >> reporter: first on the stand choreographer, kenny ortega. exy dr. murray brushed off his concerns that jackson looked ill and weak telling him the star's health was not his business. also on the witness less jackson's two oldest children. prince and paris saw

paramedics trying to resuscitate their father. >> first of all, you don't know what they are going to say, they are kids. second, the fact that whoever calls them is the one who is forcing them in a way to recount some very difficult moments. >> reporter: also on the witness list, jackson's bodyguard who has previously testified dr. murray asked him to gather the i.v. bag and medicine vials and hide them before calling for an ambulance. diana avellar, abc7 news los angeles. >> we are streaming the entire trial on our website abc7news.com. today a delaware bankruptcy judge refused to extend the timeline for solyndra. attorneys for the company and department of energy won an auction on october 27th. solyndra's official creditors committee argued that timeline does not give potential bidders enough time to arrange financing.

the judge ordered the company to have a representative at an international solar conference dallas next month to lobby potential buyers. solyndra went bankrupt earlier this month and laid off 1100 workers after ing on a half billion dollar federal loan. inspectors -- taking a risk hands-on approach as they look for more cracks and the quake-damaged washington monument. an engineer repelled down the side of last month's quake created cracks. it has been closed since the quake rocked the east coast august 23rd. this video from the national parks service shows how scary it was inside the structure that day. how powerful that quake was. tourists are seen running for their lives as debris falls from the ceiling. there is no timetable for reopening the monument or completing those repairs. mike is up next to talk

about this clear day. >> let's look outside and show what we are seeing, beautiful sky, if you like the sun and summer is back for a few days. we'll talk about fall this weekend. update you on the cans of drizzle this weekend also. -- on the chance of drizzle this weekend also. what kids are saying about the frequency of bullying online. apple's official hint, the invite that is letting the world know a new iphone is days away. m?< ♪ [ ukulele strumming ]

♪ [ folksy whistling ] [ man ] quitting is a fight you can't let yourself lose. it can take many tries. but keep trying, you will beat smoking. honey, you okay? yeah, i'm fine. ♪ [ ukulele ]

it is official. apple is now a week away from an announcement about the new iphone. the company sent out this official invitation this morning to an october 4th event with the tag line: let's talk iphone. the event will be held at the company's cupertino campus rather than in san francisco. rumors about an iphone 5 have been circulating for months. it is expected next tuesday the company will unveil that product to be released since steve jobs resigned. iphone lovers cannot wait for that gorgeous day out there >> sunglasses, you need the umbrella for the sun. at&t park, forecast for that in detail. let's say it couldn't get better. unfortunately, there's only a

couple games left and our boys are out. so enjoy the last couple of games. look at boardwalk, santa cruz, wow, if you could be there now, about 70°. sun on the way to the low 80s. cloud as long the coast far enough off, almost total sunshine at the coast like everywhere else today. 64 half moon bay. oakland, fremont, everybody in santa cruz. sunshine and warmer weather from the coast inland. it will be clear and cool tonight. no matter how hot it gets this afternoon, 50s and 60s to get that house cooled down. cooler this weekend, fall back and we are finding drizzle right now. 24 hour temperature change today, temperatures well above

average from three degrees in redwood city. san francisco six. livermore 9° warmer than average. you will see that sunset at 6:59. areas of high pressure dominating our ski, pushing this cold front and the jet stream well north. that's where the storm track will stay through at least thursday that's why we have warm weather today, tomorrow and thursday. we are getting there, probably tomorrow, upper 80s to low 90s, warm in the east bay valleys. mid to upper 70s for richmond, berkeley, san leandro. we star in the mid 80s and warm into the upper 80s, head over to the coast, look at all that sun and low 70s for you. mid to upper 70s for downtown, south san francisco and sausalito. beaches full of sun and near 70. 72 monterey. 82 santa cruz to near 90 into

gilroy. low 90s throughout the central valley. sun around building sur 78. same at tahoe and 77. -- here's that forecast, clear and relatively calm at at&t park. dropping down to 64. tonight 50s to near 60 in concord, antioch and san jose. absence of clouds, most of us will be clear again . let's see how long that warm weather hangs out. four degrees cooler thursday, friday close to average look at saturday, sunday into monday. 10 to 20° cooler than today and tomorrow. chance of drizzle through the weekend. >> thank you mike. new evidence that more and more kids are being bullied online. a new poll finds 56% say they've been taunted, harassed or bullied online up slightly from two years ago.

1/3 say they've engaged in sexing. 4 out of -- engaged in sexting. president obama is holding a sum met in march to confront sigh -- sum met in march to confront cyber bullying. the average domestic airfare for christmas through thanksgiving, 4% higher than last year. airlines are flying fewer routes and s are fuller and airlines are tacking -- on extra fees. if you find a good fare, jump on it, the price might jump later on but

today, the future of your cell phone. changes in store that will change your life once again. then at 4:00 and 5:00, cutting cost by cutting your prescription medication. michael finney will show you safer ways to save on medication costs. >> and hear from the san mateo family whose dogs were shot by the police. >> that's about it. except to go out and in the beautiful weather. >> absolutely. those cruise ships that are in town, -- [ unintelligible ] >> thank you very much. who wants to be a millionaire is next. >> keep track on the latest

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