the shot of the golden gate bridge we are looking at fog in the north face. if all or all will see a bit of a dry air and warmer forecast. a few passing clouds with sunshine much warmer

for the weekend. the fog is settled 3¢ rosa.along santa ros current temperatures 60 in oakland, napa of 49, 60 san jose. as we head into the afternoon 71% rosa 724 napa, 75 degrees in los gatos, upper 60s around the bay. here is your 7 day around the bay which actually does show a bit of a warming trend. be back into the upper '70's tomorrow, and '80s by the weekend and continuing to warm up through the weekend. plenty of sunshine in the later

part of your weekend. next week we continue with the warming trend getting into the of brady's.upper 80s. >> quiet morning and no incidents. no problems at the bay bridge toll plaza clear from all approaches for your westbound ride. keeping the drive time eight minutes from the foot of the maze approaching san francisco. san mateo bridge no problems here traffic moving well in both directions across the span those taillights making their way in the commute direction towards foster city right now. a quick look at the golden gate bridge just a few cars barely any

headlights for your southbound trip. highway 37 crossing to the east bay 8 minute trip. well.we >> san jose police officers may be able to hold on to other jobs thanks to a federal grand. we bring down the conditions required to get the money. >> police officers may not be getting tax slips next year after the city just found out it was approved to receive $7 million through a federal grant. it is aimed at the financially strapped cities with funding to get more police officers on the street. san jose's mayor is optimistic about the federal funds but there are strings attached.

>> they will help us for three years but in the fourth year we have to pay for the 100 percent with their own funds. that's a few million dollars. so that's one of those things we have to see if we can afford. unemployment rate has been high enough for long enough that we are qualified so we look forward to find out how to put officers back to work. we need more officers but we can't afford them. >> pizza's he knows all important the funding is for the police department. especially since he was on the force for 14 years. >> the need for officers are immense. we were understaffed for years. because of the budget crisis we are far behind. we need to hire hundreds of officers to get on a par. this will be one piece of many pieces that need to come together.

>> the city council will decide whether to except the money before the 90 day deadline. in san jose reggie, kron 4 news. >> $19 billion deficit today they are finally expected to vote on the plan. here's a look at how would bog. it assumes the federal government will give california $5.3 billion which is moth $2 billion more than the governor expected. assumes the economy will rebound again to bring the end of 1.4 billion in additional tax dollars. this plan is more than three months overdue of is not passed by two- thirds this date may have to start passing out ious. and may have to stop public works projects. this may be the only

middle ground because republicans don't want raise taxes and democrats don't want make deep cuts. the costs for the new clippers system is growing $30 million on the new gates now it is shelling out serious money in overtime to try and smooth out the bumpy transition. kate johnson has the story you will see only on kron 4. >> many is spending big bucks on overtime $400,000 in the past four weeks that is just four states and station agents and fair inspectors. this is due to enforcement in its underground stations. since launching its new system. most of the overtime between 303 $75,000 is being spent on fair inspectors appeared they stand near the exits and entrances and using hand-held computers to check the upper parts. station agents are

working overtime and double shifts trying to walk people through the new system. agents caught 500 hours overtime in the past month. many says it will try to recoup some of its cost with the metropolitan transportation commission which is rolling out the clippers system. reporting in san francisco case thompson kron 4 news. >> tel train is considering cutting service in raising fees as it faces a $2 million deficit. now we learn administrative payroll has grown 14 percent over three years. the benefits that it then the total compensation jumped 34%. this perret's comes as they grapple with the deficit. cal train blames rising health-care cost and also says most employes has not had a pair

raise since 2008. anchor in oakland after a request by the attorney for ms. early to start the trial all over again. kron 4 stand carmen shows us the emotional response. >> the community of oakland is outraged by this. supporters >> gathered wednesday afternoon to protest the call for new trial. >> this is another attack to relegate the case to halt the loss angeles community will lose its focus on the trial for justice for oscar grant. are we will not. we will continue to organize. >> file the motion asking the judge to set aside the verdict of guilty of involuntary month manslaughter and ordered a new trial. the attorneys cited several reasons first new

evidence specifically a similar case where an officer thought he was pulling his taser when in fact he pulled his revolver. second the attorney says the judge should not have allowed the jury to consider the enhancement charge. if they believed he intentionally use a gun. the fact that the jury did add the enhancements to its verdict could add significant time to the sentence. >> we know this trial will have huge implications on how police treat our community moving forward. in order for police officers to be accountable we have to get us there and just sentence. >> a judge will rule on november 5th that is the day he is scheduled to be sentenced. >> coming up on the morning news

we will tell you everything you need to know about fleet week. a live look outside right now san jose you can see how light the traffic is. arafat is following traffic all over the bay area traffic is. arafat is following traffic all over the bay area ♪ other update ♪ ♪ [ male announcer ] new real fruit smoothies from mccafé have taken center stage at mcdonald's. spun from real fruit -- in strawberry banana and wild berry. experience the intense and spectacular burst of fruit, starting at just $2.29. the simple joy of real fruit smoothies. ♪

arises cellphone customers could be the first in the bay area to get faster for g internet service on their phones. jonathan blum shows us where will happen. >> is there a race for the hearts and minds of us the bay area. we are so influential we use so much data. these companies if they will be competitive nationwide have to show well here in san francisco. >> if half the video is where you'll see the difference of 4 do will make everything quicker.

>> if your own use any internet service at all. or make video calls or watched telephone oteln your phone this will make a big difference. >> there is a catch your phone does not do 40. >> it has a 4 in. drain but it won't use the new for jeanette work. >> don't those new phones are not out yet. one hotly and has a padded foam on that report and the wall street journal suggests for to roll out means they will follow of finally getting the iphone. >> you can probably book it now. you can probably say there will be a a iphone on the network by

2011. >> we have to wait and see before we know if it's going to be as fast and exciting as a promise. it's always that way technology. >> jonathan blum kron 4 news. >> the first ship has come in to the port of san francisco for the celebration of fleet week. it is the newest ship. jeff bush gives us a tour of those naked island. >> we started of >> there was the ship has been in commission less than a year is an impressive thing to be aboard. it's a helicopter launching pad that does a lot more. it is designed to send not really sink but the back and drops down in the water so it can launch big boats like this one. it can carry two votes.

look what else it carries. tanks used by the marines and a float. the mission is to get marines to battle quickly but it is perfect for a humanitarian disaster like an earthquake. it produces 200,000 gal. of water a day. it has the state of the art medical facility there are six operating rooms and a dentist office and a 15 bet i see you. it is the hydropower plant. this will save $250 million over the next four years. just push kron 4 mark news. >> here's what you need to know if you want to check out for a fleet week. today they will practice their rivals' services, there'll be an air show tomorrow, saturday and sunday it will be 1-4:00 p.m.

coming up we will talk about san francisco giants pitcher and whether not he will see any action in the first round. a live look outside the bay bridge toll plaza traffic light in that live look outside the bay bridge toll plaza traffic light in that area. will be right back. real national pastime? saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online. it really is great. it's good. it really is. it totally is. we go everywhere together. i don't go anywhere without her. car pooling to work... mmm hmm. ...shopping. it's great! and, when we need gas... i love gas.

i usually stop at whichever's on my side of the street. yeah. well, they're all pretty much the same. it's just...ya know... uhhhhh...they're not. [ male announcer ] your car takes care of you, care for it. chevron with techron. care for your car. hey, i hear they have gas at the warehouse store. ho, ho, ho; i don't like where this is headed. many fans wonder what the team will do was buried. he won't be starting on and he is one of the highest players appeared giant fans told kron 4 what they think of the team's decision. >> i think that's perfect. i don't think he should pitch. the guy is 1-13. he has been struggling. >> a good idea. he's not hot

right now. >> over the last couple of months other people have made decisions about the roster. they have not done it on salary or nostalgic. if he doesn't pitch in must be the right decision. >> fancy them as a team of hard- working players who enjoy a plane with one another. dave asked why they asked the relate to this team. >> orange and black were showing up all over the place. now everywhere you go they're talking about the giants. it is definitely a session of the legendary baseball hang out. they talk about the players. >> there's no superstars no ego. the play to win they play hard. >> it's like the field of dreams

they are back to the basis of what baseball is about. >> no major stars every player every day. everybody doing it. >> the fans can identify with these players it is a team effort we're pulling for everybody. >> they're having fun they are into it and they love playing with each other it's great. >> in san francisco gave kron 4 news. >> the giants playing against the braves tonight. how will the weather be hopefully will be perfect weather. when we take on the braves and beat them. >> here is the shot at the bay bridge approach. a clear shot. temperatures are starting to warm up soul be drier today and warmer today. a few passing

clouds in the afternoon but much warmer as we head into the weekend. right now temperatures are sitting in the '50s as we head towards 10:00 hour we warming up in to the '60s. by noontime we will see the '80s in through the delta and the east bay, your afternoon highs '60s, '70s. we have gotten used to this weather. we will cool back down to the '60s by the p.m. hour. continuing the warming trend throughout the weekend. right now temperatures during the '50s, 60 through san jose and oakland. your afternoon highs getting up to 71 per cent rosa, 72 napa, six days for the most part right around the bay. 69 san rafael, 68 novato, 70

further south down the peninsula of redwood city 77 in the up, 72 mountain view, your 7 day around the bay warming trend just in time for the weekend. it will feel warming heading into saturday but it better day sunday plenty of sunshine. we will continue to keep that whether round next week. >> not much going on in the traffic department. spade's around the bay definitely moving at the limit right now. just a few cars for your westbound ride no problems across the upper deck. drive time eight minutes from the foot of the maze into fremont streets in francisco. san mateo bridge in the clear right now. the

bright lights coming toward you making their way into hayward. 12 minutes across the span no back up at the toll plaza. golden gate bridge no problems for yourself bound ride 22 minutes from novato to the city limits. crosstown traffic at the james lick getting along just fine now. 1 01-80 split towards the airport 20 minutes right now. southbound 101 in geyser bill we do have a lane shutdown because of all oil spill. >> let's talk about world news in may take cumbria's long as a year to clean up miles of poisonous red sludge. toxic mud surging through villages. more

on that story. >> in its wake death and destruction. vivid red toxic trail in golfing three villages leading back to wissler pet and aluminum works. during that search it killed four people to of them children. 100 more have been hurt. the most serious is in the capital for treatment. the government was quick to react. a state of emergency declared. it has taken two days to get answers to some of the most basic and troubling questions. how dangerous is the red sludge. >> in order to avoid further disaster reestablished a guard on the walls appeared that will be operating 24 hours a day was firemen and police in the villages. if another break occurs people will be sure they

can run to safety. >> i want to emphasize there was not a natural disaster. if the was not natural disaster we have to find the person responsible. for that reason to vote police ordered investigation office to investigate the reason of the break. lahore >> fresh fears are servicing could the toxin go airborne and how far it might spread. more worrying for hungary's neighbors what disaster it is in the making. plaster and chemical mix to try and stop the chemical contaminants slowing. nick cnn. >> coming up on the news we will talk about medical marijuana and

decision 2010. before that let's show you the golden gate bridge traffic picking up in that area. but there are no hot spots in the bay area at this time.

let's talk about 2010 kron 4 is

committed to helping make them informed decision. we will talk to candidates and cover propositions. christine connelly takes a look at prop. 19 the measure to legalize marijuana. >> prop. 19 if it passes it will legalize marijuana for adults 21 or older. they would be allowed to possess a share or transport 1 oz of pot. you could grow marijuana in your residence up to 25 square feet. you would not be allowed to light up in public but to deuced at home or a place licensed for cannabis consumption. government would be allowed to tax sales for adult consumption and pass the ordinance to regulate the sale

of marijuana. there are limits to the lot. it does maintain existing laws so no sales to minors and no driving under the influence. for those who sell to people under 21 they could face six months in jail. i'm a christian connolly kron 4 news. >> if it passes a could generate $1.4 billion in tax revenue. tom believes the revenue is much more than that. and it would be utilized in areas that need help. >> while taxing marijuana and legalizing it is not going to be immaculate conception for the budget but what it does is very helpful. to some of the cops that have happened currently. whether it's public education or infrastructure. it won't be

sneezed at. >> a legislation to regulatory system to. >> coming up will look at weather and traffic as well as heading to san jose to talk about these jobs down there. let's go side show you san mateo bridge no problem everything seems fine.

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light winds expected today we will see temperatures just trying to increase today. as we head through the weekend it will be pleasant outside. today expected to be dry and warmer. much warmer headed towards weekend. by 10:00 hour we should warming up and see sixties out there maybe even some '50s. by noon time '60s and '70s, your high is topping out in to the upper 70's. while the yellow showing you the '70s. we will collect back down to the '60s by 8:00 p.m. current temperatures 55 san francisco, 60 oakland, 58 through hayward. as we head to the afternoon temperatures warmer than yesterday 71 recenter rows of, 5

concord, upper 60s through oakland and '70s around the bay. antioch 77, 75 livermore, 7 day around the bay shows nice warming trend. into tomorrow temperatures warm little and even warmer by the weekend into the '80s. by the later part of your weekend and the beginning of it make an abundance of sunshine. >> for those of you heading out the door right now not too much getting in your way. traffic getting along fine at the bay bridge toll plaza no signs of any over night construction and of course meter lights remain off the. drive times as you make your way to san francisco. thill problem in either direction

across 92 but we have over night construction until 5:00 a.m. on the hayward side. do chores are place. fog minutes across the span no back up at the toll plaza. still quite at the golden gate bridge no problem south bound ride novato into the city limits just 22 minutes. an easy ride on the golden gate. south bay not a hot spot yet one no one in san jose those toilets sorry headlights getting along just fine in the southbound direction more company northbound but still very good drive time 14 minutes from downtown san jose toward santa clara. >> some san jose police jobs may have been saved thanks to a federal grant. reggie kumar breaks down the conditions. >> 16 of 72 set please officers may not be getting a pink slips

next year. after the city found out it was approved to receive more than $7 million through a federal grand called cops. the program helps financially scrip strapped cities with funding to get more police officers on the street. sen hussies mayor says that he is of san jose police ce is optimistic. >> we have to pay for it on ourselves and a few years and things are not looking good in the future so we have to see if we can afford to except the federal money. unemployment rate has been high enough for long enough we qualify for the grant so we look forward to find out how to put officers back to work. we need more not less we just can't afford them. >> pete says he knows how important funding is for the

police department especially since he was on the force for 14 years. >> the city's need is immense we were understaffed for years. because of the budget crisis we've been unable to hire we need to hire hundreds of officers to get on par to what the staffing should be in the city. this will be one piece of many pieces that need to come together. >> city council will decide whether not to decide to keep the money when before the 90 day deadline. >> cal train is considering raising fees and cutting services as it faces a $2 million deficit. now we learn how caltrans administrative payroll has grown 14 percent over the next few years this pay raise comes as the transit agency grapples with the $2 million deficit cal train blames

rising health-care costs for much of the increase payroll. most employees have not had a pay raise since 2008. >> the salaries that are included in the budget have, that does not mean my fax seller has gone up of that 14 percent 9% is just increase in the number of hours we worked very i could put in more time working for caltrans i didn't get paid more just more time. the other thing that happened was in 2008 we were giving increases merit increases. we are no longer doing that. >> those merit pay raises rain from one-3% and not every employee got one. they have frozen salaries and forced people to take seventh furlough days but that may not be enough to satisfy riders that are

facing very creases in service cuts. >> they should not be raising the cost on anybody. the fact that they would raise the price to people who commit to a good work and it led take an increase they obviously are not looking at the customers. >> in my speech averted start driving. >> were looking at 25¢ even though that doesn't sell like a lot it hurts. if you pay for monthly pass that adds up. >> i don't have a choice i have to work everyday. unless i find another way this will be it. >> is an excellent product they do an excellent service and an excellent job. >> cal train will hold a meeting to make a final ruling. >> the search for the man accused of driving a van into the officer. this is video this

week police say after stealing this man he drove into motorcycle officer pushing him into a light pole the officer suffered a broken leg will his injuries to his foot. they now have a suspect in custody for the crime investigators are working on the case kron 4 find out how they made the arrest. >> good old-fashioned police work. that's fremont police officer said they apprehended alexander wanted for driving a stolen van directly into a police officer. investigators say after he drove the van into the officer he fled the scene eventually fled somebody down to call a cab for him which took him to a bus station. fremont police say after information and using the media to broadcast this photo they received information he did in fact take

a bus to los angeles where he resides. it was there at 5:00 a.m. wednesday morning that detectives along with law enforcement took him into custody without incident because it was arrested in california and los angeles judge will determine when he will be extradited to face charges against him. at the place of permanent kron 4 news. >> a man pulled from the water near the bridge late this morning it appeared in happened after he apparently fell off his boat. he was rescued by a coast guard boat which was already in the area. it crashed into a dry dock you can see the boat right there. there was no damage to the dock in minimum damage to the boat. california lawmakers are reshaping the budget to fill in the big deficit wednesday the budget conference committee

presented a solution but not everybody's on board. >> >> we have open corms. >> >> >> >> >> >> this solution state spending cuts. finding ships or creative accounting to avoid a 0.2 billion. funding from the federal government of 5.3 billion in new revenue of 2.5 billion i oust assemblyman about the billions supposedly coming from washington. >> i don't know where that is coming from. my fear the budget goes through and we don't have the 5.3 and we have another structural deficit next year. >> the chair says. >> we have got almost four of it so there is money we believe

they all us. in health care and fallbacks and things go back a few years that have not been settled. >> market had line stock futures are down this morning as investors expressed wariness about the job market. stocks ended yesterday mixed with the dow rising 23 points as mp felt. labor department will have jobless claims today and they are seen rising slightly the federal reserve reports on consumer credit. prison officials have been secured of lethal in direct june drug that ran out last week. they secured the drug by the expiration date of 2014 the execution of albert after to significant legal

setbacks and the expiration of his 7 g supply of the drug that night. department has issued redesigned cards with new security features and advance technology. they include laser engraved signatures, ultraviolet light images, licenses for people under 21 has a vertical a l and the backs of all cards will have a bar code that double checks information. drivers do not to get new cards until their current one expires. coming up much more whether traffic and news. speaking of traffic lights but a walnut creek. very few had lights in that area traffic all over the bay area just fine so far this morning. we will be right back.

protest said the military

general it's a question of free speech this in front of the courts. one group is fighting for the right spirit >> you are going straight to hell on your crazy train. >> westborough church protested outside the supreme court but it's their protest at this 2006 funeral of matthew snyder that is at the heart of this emotional battle. >> i america >> the church picketed outside the funeral as they have done at hundreds of funerals across the country. they believe soldiers are dying because god is punishing the country for " the scent of homosexuality. he was not gay and his father sued. they summed up the dilemma where to draw the line between free

street free speech and privacy. the protest was that a considerable distance there was no importuning anybody going to the funeral. ginsberg asked margie phelps " why should the first amendment tolerate this exploiting this family when you have any so many other forms. >> self maintain their and great picketing is not anger but it is religious speech. >> i believe the church got to stand in the highest court and say the soldiers are dying for your sins. you're committed to the proposition. that americans can say that and not be penalized. >> snyder's attorney says protests of the private funeral

cross a line. >> the justices heard that in and out there realize it's not a case about speech it's about harassment. >> snyder was awarded $5 million for invasion of privacy but he says it's not about money or his family any more. >> my son and hundreds of thousands of men and women did not put their lives on for this country so somebody could abuse the first amendment. >> they have support of some media groups the question and in court seem to suggest the justices may take a narrow approach we should find out in a few months. capel when cnn washington. >> president barack obama has awarded a medal of honor. robert

miller was killed after tell a ban ambush near pakistan border in 2008. he continued to fire back after being hit in the chest twice sacrificing his life to protect his troops. president barack obama said it is born to be a leader. >> he moved in the other direction towards the enemy from their guns away from his team and bring the fire down upon himself. miller >> stanley accepted it on his behalf. >> coming up more whether traffic and useless head back to san jose traffic has picked up lover the past 50 minutes lookt all those lights on 1 01 aircraft will tell us about traffic through the bay

the corpse of the blue whale is

a center of attention it washed ashore near pescadero. the cause of death is still not known. >> for visitors including schoolchildren seeing it 8 80 ft. whale is rare if not a once- in-a-lifetime experience. >> i've never seen anything like its huge. >> it is sad but at the same time you get sick. >> see the will push against the rocks researchers say she washed ashore saturday 50 ft. away sits a fetus this is the time of year they migrate to baja california something may have gone got wrong with the birth cause of death is unclear. they will take samples and looked for service damage to find out. the will will likely remain here to

decompose naturally. in pescadero kron 4 news. >> for 49 the weather was beautiful and it will continue today as well as the rest of the week more on that listen to liza. >> that pattern will continue right on your weekend. that is good news for fleet week. bay bridge approach a clear shot for you so we are free of fog seeing some in the north bay. currently 59 degrees in oakland by noontime jumping into the mid-60s your high today getting close to 70 but not quite been cooling off to 60 by the end o'clock hour. elsewhere to a first pictures in the 40's and the napa valley but warming by the coast up to 50. 57 through mountainview by 108 them we

should see plenty of six days them by noon time amex of '60s and '70s all the yellow showing all the '70s and will add more headed into the afternoon here afternoon highs in the '60s and '70s not much different from yesterday but a slight warming by 8:00 hour cooling it down to the '60s spirit 71 for santa rosa 723 napa upper 60s through vallejo, down into the south bay temperatures will top of the mid-70s. we will state into the low seventies for places like mountain view and san jose. also for your fleet week expecting tempters crowd pleaser warming of for thursday we will see temperatures at 71 by 1:00 p.m. when the show starts. 72 by the

4:00 hour, 6:00 p.m. 76. same- store friday your saturday will bring us out warming however so your 7 day around the bay does highlight warming trend headed toward the weekend lots of sun three-year sunday it all the way through next week. temperatures next week upper 80s inland spots eighties around the bay and '70s for the cause. >> roadways are still in good shape. just pass geyser built on a hot spot there is a fuel spill but back in your neighborhood no problems. bay bridge toll plaza no problems as you're making your way into san francisco right now coming from all approaches the foot of the maze and of remonstrates it san francisco 9 minute trip. san mateo bridge looking good right now traffic truck gradually

building the flats looks nice to know back up at the top plaza wrapping up with a quick look at the golden gate bridge foggy out there but traffic not bad out there. novato into city limits 23 minutes rain now highway 37 is clocking in at 8 minute trip. >> former city manager of this city bell is free on $2 million bail robert was arrested last month in the district attorney calls corruption on steroids. officials are accused of bilking tax payers at a $5.5 million to pay their salaries. the attorney general's office says his last salary was 36,000 people live in bell. the

household income is less than $35,000 according to census figures bear many americans haven't thought about holiday shopping jet but it is already on the minds of retailers' expectations will influence deals and discounts you see on fridablack friday. >> it's beginning to look like christmas expression if you're real killer their federation has released its forecast for the holiday season. the industry group is estimated $447 billion in holiday sales and increase from last year. it's an improvement from the last two years of holiday sales as americans whether it our recession. now economists say it is over the industry is hopeful. >> it's negative not negative

its not positive that the number we are comfortable about because it's realistic about where we are with the economy. >> they think they're buyers will be cautious they plan to keep inventories tight that means opportunities for discounts and deals will be plentiful but the amount of merchandise may not. >> is there something you wanna have for someone you care about if you wait until a last-minute chances are you'll not find that item. >> the holidays are a good time for ups which expects to hire 50,000 seasonal employees. they are beefing up short-term positions which workers will be hired to fill positions such as packaged sorters. the

significance no. those will ask to be stayed on after a holiday season. coming up city of san jose and what they're doing to try and keep officer on the job. alive look at the bay bridge on plaza no problems in that area we will be right back. as a prosecutor, you never forget the cases where children are hurt. they stay with you. i'm kamala harris, and it's why i started

san francisco's first child assault unit and wrote laws increasing prison time for child sexual abuse. and when i found out that nearly every young person killed was a high school dropout, i started prosecuting parents who let their children skip school. truancy dropped 30%. as attorney general, i can do this for all of california. which city youth fans of the most tickets for cell phone use the answer is mountain view. let's look at this lady on the screen. take notice of the cell phone in her hands, while she waits for the light to change. i am in the city of mountain

view doing a spot check to see if drivers are still ignoring the note texting, and handsfree law. why did i choose mountain view? it is simple, during the last set of zero tolerance crackdown mountain view police wrote 290 tickets. that is the most tickets written by any city around the bay, including san jose. a few weeks later it seems like a free-for-all with all the people i sound either texting, or violating the hands free law. like this lady with the cellphone of to her mouth, just chatting away without a care in the world. or this guy in the white car. while the passenger puts on makeup he looks that not one, but two separate cell phones. this woman is texting while she waits at the light, and so is this lady, so let's watch her for a moment. the fine for texting behind the wheel or using handsfree device, for the first offense is about $145. the second offense jumps to just over $200, and the third offense could set you back an additional $100 more. what i think is that most people hear the ticket is $20 and they think hey i can pay that fine. here is the tip. many bluetooth head sets cost, get this, $20 my advice, buy one instead of hiding from the police. in mountain view, stanley roberts, kron 4 news.

>> so if you have a comment or story idea e-mail less.

[ female announcer ] new real fruit smoothies from mccafé are real fruit, as in strawberries, blackberries, blueberries, and bananas, which makes them really delicious. ♪ that's what we're made of. ♪ top stories we're following lawmakers will have to vote on a state budget today. after 99 days past due details coming up. cal train is said to cut service and raise fares. what is said hand coming up. playoff race begins today the giants'

first playoff game in seven years. more on these stories the moment but first a check on whether. >> today we will see temperatures warmer than yesterday we're also drying out. a shot of james lick. not dealing with much in a way of fog rain around the bay area but in the north bay we do see some fog. the afternoon will bring us some passing clouds but not bad. here's a look where we do have fog. through the north bay along 1 01 stretching to point reyes. also through morgan hill. temperatures are sitting at 55 in san francisco. temperatures getting up to 60 degrees in the south bay. warming heading

towards the later part of your day. your current temperatures. napa 49th, 53 fairfield, by about 10:00 a.m. plenteous '60s out there than by noon '60s, '70s are afternoon highs will stay there into the '60s and '70s. widespread '60s by 8:00 p.m.. the numbers bringing us 70 in san jose, concord 75, richmond 62, 77 antioch, 74 in morgan hill and san jose. fleet we get looks like today we will get to 61 by the 1:00 hour topping it out to 64 cooling it down to a fifties' thighs a 6:00

p.m. hour. here saturday mostly sunny conditions and it will be up to about 74 san francisco. an improvement in those temperatures the warming trend will continue through the weekend by sunday and an abundance of sunshine strings on to next week as well. >> no problems or hot spots around the bay. the overnight road work is wrapping up. a bridge check at the bay bridge in a clear for all approaches. drive time from the foot of the maze into fremont street severances 08 minutes. thinking of taking this san mateo bridge no problems in either direction those taillights and the commute direction no back up at the toll

plaza a good drive time 13 minutes across this band. golden gate bridge nice easy right traffic moving at the limit right now. from nevada to san francisco 23 minutes right now. highway 37 on 580 is a minute. >> state lawmakers will vote today on a budget agreement to close the $19 billion deficit.  the budget assumes the government will give california $5.3 billion which is 2 billion more than estimated. it assumes the economy will rebound enough to bring in 1.4 billion in additional tax revenue. delays $2 billion in payments to schools until the next fiscal year. next year lawmakers have to account for that amount. it is more than three months

overdue it is not bacpast they might have to start passing out ious and stop public-works projects. this budget might be the only middle ground available because republicans won't raise taxes and democrats don't want make drastic spending cuts. the largest employment union agreed to a pension reform plan. this means there'll be a less lucrative retirement plan. it has so one day a month furlough, the savings would save $1.5 billion this fiscal year the deal needs approval by legislature and the union. cal train is that to cut service and raise fares. it is expected to approve a 7%

fare hike. fares would go about 25¢ for each zone. service cuts would still leave only hourly service from 9:00 a.m. until 3:00 p.m. the changes would go into effect january. with cal train continuing cutting service we are learning the administrative payroll has grown 14% or the past three years. benefits are added in the total compensation jumped 34%. this comes as the agency grapples with the $2 million budget deficit. cal train blames health-care costs for much of the increase in payroll. most employees have not had a raise since 2008. >> the seller is included in the operating budget has gone up 14% that doesn't mean my salary

was not of that 14% nine is just in increase in the number of hours we worked for calgary. i just put in more time i didn't get paid more. just more my time with toward the work. the other thing that happened in 2008 we were giving merit increases due to their performance we no longer do that. >> those merit pay raises in 2008 range between 1 and 3%. cal train has frozen salaries and four staffers to take some for. coming up on a morning news much more whether traffic and news. a live look at the james lick. you can say things are moving along just fine in that area. we'll be right back.

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giants first post series pay

gain since 2003 begins tonight at at&t. they take on the braves and the best of five series. tim will take the mound here is a video of practice yesterday. johannes mehserlzito will not se not decided to wg9 on the roster. >> i'm disappointed for not cracking their rotation. the playoffs is why we play the game. it was a team effort. we have to go with the guys now and i feel like i can help in the playoffs i have experienced. >> matt came will be the starting pitcher in game 2. the

giants have not decided whether or keep pitcher will push in game 4 or still have to him pitch again. byrd will be running longer trains to accommodate the gains. customers are encouraged to buy round-trip tickets before the game to avoid long lines at the ticket machines after the games. our will run longer trades over the weekends for people headed to san francisco for fleet week. coming we will talk about san jose and what police officers are doing down there to possibly save their jobs. let's show you the golden gate bridge traffic moving along fine no problems across the golden gate bridge moving along fine no problems across the golden gate bridge for marin.

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meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter?

hough here's a look at your 7 day around a bay. fifth the warming trend kicking in through the weekend herif continuing of warming for next week. >> no hot spots this morning.

the alameda aerolites are offering now been no trouble up the incline nine minutes from the foot of the maze into san francisco. over to the san mateo bridge no problems here traffic building and the commute direction towards foster city. bright lights headed to hayward. no problems or delays across the span no backup but the toll plaza. 14 minutes across this band appeared all they got over night construction has wrapped up traffic and i some light here moving at the limits. crosstown traffic at the james lelet movig nice. if you are eastbound to the lower deck of the bay bridge and nice and easy trouble-free ride. >> prison officials got a fresh

supply of that lethal injection drug appeared they secured 12 g with an expiration date of 2014. the execution of albert brown last thursday was canceled after two setbacks and the expiration of the supply of the drug on the night he was scheduled to be executed. dmv taking steps to protect fraud and counter freight on their license they are redesigning cards with new features. they include laser engraved signatures and signatures i can only be seen under alter pilot light. licenses under 21 is vertical and the back of the card will have a bar code that

double checks information. drivers don't need to get new cards and still their current card expires. uc-berkeley workers will have the picketing at 6:00 a.m. for a continued lack of funding for public education followed by a protest by 11:00. this is the start of a weeklong citizens and walker notes in defense of public education the governor has proposed an increase of $307 million this year but the system does not know whether that will happen last year the system had to cut $637 in funding. scanners take out atms and gain access to debit and credit cards. approximately 23 cases it was

bank of america by jumping on the machine when they forget to get the card when the walkway. the thieves stole about $400 third the manager is hiring personnel for those branches. from berkeley to san jose it has been approved to receive $7 million through a government grant. 16 of 72 police officers may not be getting a pink slip next year because of that grant. chubb agreed is up domestic about the funds even though he says there are strings attached >> one of the conditions they will help us for three years but fourth year we have to pay for 100 percent with their own funds. that is a few million dollars and things not looking good out there so that something

we have to see if we can afford. unemployment rate has been high enough for long enough that we qualify for the grant so look for to find out how to put officers back to work. we need more not less we just can't afford them. >> a toxic sludge slide in hungary. but first let's get a look at the bay bridge is we will be back.

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will the matwelcome back. the gs forecast the game kicks off at 6:30 p.m. first pitch 59 degrees and clear by the seventh inning stretch characters in the '50s may be dropping a degree or so. staying clear through the

ninth inning >> the zero giants! the green sludge you can see all the sludge all over the place and hungry. in a move through local villages. the toxic sludge has been diluted where it is unlikely it will cause any environmental damage. just in case occurs are taking water samples down river to make sure it's safe. the river flows through serbia, romania, and other countries before emptying into the black sea. it is a waste product of making aluminum. >> highest cultural dues 28

dead with devastating floods in vietnam. quan been was inundated with 35,000 homes in march under flood waters. railways were damaged and authorities said it would take more than five days to resume trains appeared rescue work is underway. >> afghan president posting a new peace council to help guide efforts to reconcile with the television and other insurgent spirit between the afghan and insurgents are increasing and no formal negotiations are underway. they say they will not talk about peace until u.s. and nato forces leave the country. nato says race killed

but tell ban brighter. traffic news ahead here is a san mateo bridge. but for the comparable out accordingly to things are moving along no problems across the san mateo bridge in either direction.

let's get a check on whether with the we saw half inch.luisa >> by noon we should be into the '60s spirit back down to the upper 50s by 8:00 p.m. up by santa rosa we see some fog

moving through point reyes as well. current temperatures 54 san francisco warmer at the oakland 57, south bay mid to upper 50s at this hour. as we take it through the day '60s by 10:00 a.m. then noontime all the yellow shows us '70s they creep their way into the forecast. temperatures '60s, '70s even the afternoon highs then cooling it back down to 60 by the o'clock hour. your highs today will be 71 santa rosa, fairfield 74, concord 75, moving down the peninsula we could get this 73 for redwood city, 72 mountain view, morgan hill 74. flea we

forecast cool are on the bay afternoon high getting to 64 degrees partly cloudy. friday may be warming up a degree or so. but still partly cloudy. saturday will improve for your fleet week. 74 degrees mostly sunny the improvement is going to continue through the later part of your weekend and next week as well. temperatures rebound and back into the upper 80s inland. eight is around the >> in the bay we have no hot spots traffic still living at the element here is the bay bridge toll plaza. everyone getting along just i'lfine. nine

minutes from the foot of the maze to fremont streets in francisco. san mateo bridge in the clear right now traffic building slightly in the commute direction towards foster city. no back up at the toll plaza. 14 minutes across this band. the golden gate bridge novato to the toll plaza 23 minute ride. the south bay not a hot spot yet. nice late ride in the southbound direction taillights building headed northbound just passed from the cruistrumbull day liqu >> college rain will cut service and raise fares as they grapple with the deficit this is the

millbrae station. of loaded schedule for this morning they are expected to approve a a fare hike of 7% and eliminate for weekday trains. service cuts would leave cal trains with hourly service from 9:00 a.m. until 3:00 p.m. the changes would go into effect jan. riders responded to the potential changes. >> cal train should not be raising prices during these hard economic times. the fact they would raise the price sun daily commuters anyone it take the increased bid shows management is not thinking about the customers. >> in might be cheaper to start driving. >> i make way lassoed 25¢ is a

lot. if you pay for a monthly pass that adds up. >> i don't have a choice of have to go to work every day unless i find another way. this will be it. >> is an excellent product they do an excellent job. >> caltrans will hold a middlmeg today. state lawmakers will vote on a budget agreement in order to close $19 billion deficit pared the budget assumes the federal government will get california $5.3 billion in federal aid, it assumes increasing tax revenues of 1.4 billion. and delays in 2 billion in school payments. is

still needs approval of two- thirds approval. postseason series of the giants begin tonight san francisco takes on the braves the best of five national league division series. jim will take the mound for the giants here is a video of them cared pitcher barry zito will not start. but they have not decided to keep them on our roster as a reliever. here's what giant fans thought. >> i think that's perfect. i don't think he should pitch. he is 1-13. he has been struggling. >> it's a good idea. he's not all right now. >> over the last few months the

coach have made the best decisions about the roster. they have not done and on salaries sediment or nostalgia. if it doesn't pitch must be the right decision. >> sanchez is a endethree in ga they don't know if they will get to him to pitch again in game 4. coming up on the morning news alive look aside. not a problem in that area. developing news involving unemployment.

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unemployment fell for the first

fourth time. it dropped by 11,000. it is the lowest close since july 10th. they had expected a smaller increase. ups plans on hiring seasonal employees. they're beating up short term positions between thanksgiving and christmas. workers will fill a position such disorders and driver helpers'. significant number of seasonal employees will be offered permanent positions. hiring begins this month and continues until all positions are filled. city manager of bell is free on $2 million bail. he was arrested last month in the case they called corruption on steroids. bell officials are accused of bilking tax bears out

of $5.5 million to pay their high salaries. the last annual salary was $787. being come at bell isn't less than $35,000 according to census figures. coming up on the morning news of full weather update. first sam francisco is dark at this time. it will be nice day how nice will let loose a tell you that in a few moments.

cus group. so what are we testing here? that's our new pastrami grilled sandwich. oh, great. hey, are they happy we got rid of the rye bread? totally. they love our grilled artisan bread. they say it's the perfect compliment to the classic hot pastrami, melting cheese, deli mustard and pickles. awesome. hey, um what are we testing in that room? oh! nothing we were just hazin' the intern.

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call 888-4-mercury or visit mercuryinsurance.com to get a fast free quote and start saving today. welcome back 546 san mateo bridge clear of fog. tempter 52 by noontime upper 60s your high

today 73. here is a look at what we deal with. clear because the storm system pushed to the east and it settled over lake tahoe. we are seeing snowfall over highway 50 it is a mixture. current temperatures 57 oakland, 49 napa, down in the south bay upper 50s by 10:00 a.m. warming it into the '60s. by noon time '70s in the picture. afternoon highs '60s and '70s. your numbers into the low seventies for santa rosa, six days for richmond and san rafael, concord mid-70s. south

bay '70s around the bay upper 60s for oakland. 7 day around the bay a warming trend in store just in time for your weekend. warming tomorrow and then by saturday back into the 80s in warmer inland spots keeping it warmer than that on sunday. sunday will be very pleasant lots of sunshine and that lasting through next week. 5:47 a.m. a check gone commute. >> no major hot spots with a bridge check you can see the toll plaza traffic moving well headed westbound towards the city made during light are off. good drive times. san mateo bridge looks good across the span southbound 1 01 at hillsdale a truck is on the shoulder that may be on fire.

crews are on scene. across the span there is no problems. 14 minutes across the span. golden gate bridge white traffic for south bound ride. east bay 588 minute trip. public transit all running right on time. >> let's talk about sleep week. today from one-5 blue angels practice their maneuvers. friday their robbia a airshow rehearsal. george will be hosting that. saturday, sunday 1 to 4 air show. about as common

for fleet week. it is the newest and most technologically equipped ships. it is to get marines to battles quickly but it is also good for her mother, amanda tyrian efforts. it can produce 200,000 gal. of fresh water every day. a man pulled from the water near their richmond san rafael bridge yesterday after he fell off his boat. he was rescued by a coast guard boat that was already in the area. his boat crashed into a dry dock there is no damage and only minimal damage to the vessels. anchor in oakland after the request for johannes mehserle retrial. dent german shows us the emotional response.

>> the community is outraged by this supporters of oscar brand protested the call for new trial. >> this is to push out the sentencing and analog gate the hearings. in hopes that we will lose our passionate commitment or focus. we will not part numbers continued to grow and we continue to organize. >> filed a motion friday asking loss angeles judge to set aside the jury's verdict of guilty of involuntary manslaughter johannes mehserle ordering a new johannes cited several reasons first new evidence specifically a similar case where an officer thought it was pulling his days are when in fact he pulled his revolver. second johannes mehserle said the judge should

not allow a jury to consider done enhancementsdone enhancemed significant time to johannes mehserle said since. >> we know will have huge implications moving forward. we know that in order for police officers to be held accountable we have to get a fair and just sentence. >> a judge will rule on the motion for a new trial on november 5th. that is the day johannes mehserle is scheduled to be sentenced. >> still ahead on morning news of faux weather updates from louisa more importantly what weather will be when the giants hit on the braves tonight. before talks broke whether let's

talk about traffic this this san jose pretty close to bumper-to- bumper but it is moving fine.

welcome back a look get your giants forecast. maybe you're headed to the game tonight. your first patch the upper 50s and clear. cooling-off a degree or to buy the seventh inning stretch. similar story for the ninth inning clear conditions through the game. >>! go giants. kron 4 staley robbins did this bit spot check the see of drivers are still text thing and not using hand free devices.

>>let's look at this lady on the screen. take notice of the cell phone in her hands, while she waits for the light to change. i am in the city of mountain view doing a spot check to see if drivers are still ignoring the note texting, and handsfree law. why did i choose mountain view? it is simple, during the last set of zero tolerance crackdown mountain view police wrote 290 tickets. that is the most tickets written by any city around the bay, including san jose. a few weeks later it seems like a free-for-all with all the people i sound either texting, or violating the hands free law. like this lady with the cellphone of to her mouth, just chatting away without a care in the world. or this guy in the white car. while the passenger puts on makeup he looks that not one, but two separate cell phones. this woman is texting while she waits at the light, and so is this lady, so let's watch her for a moment. the fine for texting behind the wheel or using handsfree device, for the first offense is about $145. the second offense jumps

to just over $200, and the third offense could set you back an additional $100 more. what i think is that most people hear the ticket is $20 and they think hey i can pay that fine. here is the tip. many bluetooth head sets cost, get this, $20 my advice, buy one instead of hiding from the police. in mountain view, stanley roberts, kron 4 news. >> a lot of blood from cal ace train station in millbrae. they will bow out on service changes this morning. we will tell you what those are in a few moments. this morning. we will tell you what those are in a few moments. with fire in its veins. bold. daring. capable of moving your soul. ♪ and that's even before you drop your foot on the pedal.

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a legislator voting on a