good morning. i'm theresa garcia live in san francisco where an armed robbery attempt turns violent and the victim is a federal agent. but we'll let you know who got shot, what happened out here just ahead. >> the headlines gays and lesbians celebrate a federal judge's ruling striking down california's ban on same sex marriage but a stay of that ruling means they won't be tying the knot for now. >> more drizzle this morning and cool conditions. in fact, we could set some record cold temperatures not only in the morning but in the afternoon today all the way through the weekend. >> and i had to use my wipers a few times in san francisco as well. here's a live shot of the golden gate bridge. it's looking pretty clear across the span. you can see bridge crews right there changing the lane configuration. i'll let you know some of the road work that could slow you down this morning.

>> and prosecutors file felony charges against the brother of the san francisco giants player who's accused of barreling into people, cars and a light pole in danville. he's due in court this morning. good thursday morning. >> i'm terry mcsweeney. attempted robbery on an offduty irs agent. theresa garcia joins us live on the scene with more. theresa. >> okay. well, this shooting happened in a residential port of the hunters point a neighborhood and police still investigating. take a look. they're out by that car. they've been out taking pictures as well of the scene. we know the suspect who attempted the robbery chose a tough person to try to rob when his victim also happens to be a federal agent carrying a gun. san francisco police say the robbery happened around midnight in the 100 block of marlin court. the offduty irs agent ended up shoots one suspect in the torso. that suspect ran off but was found and taken to the hospital and is expected to survive.

police did detain another man. found at a house nearby and are questioning him as another possible suspect. they're also trying to determine if there was a third suspect involved. investigators do remain here at the crime scene. we've seen them taking numerous pictures. not really commenting about the situation but i did speak with an irs spokesperson who tells me the only details the agency can share is that the victim involved is a special agent in criminal investigations. now, sfpd does say that the agent was offduty at the time. it is unclear whether that person lived in the area or was visiting here. live in san francisco, theresa garcia, abc 7 news. >> theresa, thank you. a temporary stay barring same sex couples from marrying will remain in place until at least tomorrow. yesterday a federal judge ruled proposition 8, the ban on same sex marriage in california, unconstitutional. judge vaughan walker wrote in his 136 page decision the evidence shows proposition 8

does nothing more than enshrine in the california constitution the notion that opposite sex couples are spearier to same sex couples. >> the quality is something that our nation has always been about. we read about it in school. our ancestors came to this country in search of it. >> we built a very strong record during the trial. and we're confident that on appeal that judge walker's decision will be reversed. >> the next stop is the appeals process or the next stop in the appeals process is the u.s. 9th circuit court in san francisco. >> whatever happens, this is going to the supreme court. and both sides have a real shot there. the court is fairly evenly divided between conservatives and liberals. >> despite the stay, same sex marriage supporters packed castro street in san francisco to celebrate the judge's decision. >> shortly after the ruling came

down, same sex couples were hoping to get marriage licenses and even started showing up at san francisco city hall to get 'em. turned into disappointment after they were told the judge's stay of his ruling meant no marriage licenses will be handed out to same sex couples until tomorrow at the earliest in san jose. santa clara county's clerk recorder said her office was ready to issue gender-neutrals yesterday. >> in case we have a lot of people coming to get licenses. >> the clerk's office also had managers and supervisors on call yesterday. now, if you would like to read judge walker's ruling, we posted the document at abc7news.com under "see it on tv." also find reaction to the ruling as well as photos and the celebration at city hall. >> it's 5:04. the brother of a san francisco giants player will appear in court to answer several charges stemming from a series of crashes in danville.

canen shareholt went on a drunken remain package sunday morning. he hit a bicyclist, pedestrian, two cars and a light pole. the charges against him include drunk driving and three counts of hit and run. he's the brother of giants' outfielder nate sharehold. the man accused of assaulting a vietnamese pop singer with pepper spray has pleaded not guilty. he's disguised as a woman wearing a wig. he's accused of pepper spraying a pop star last month. many of the vietnamese community regard him as nothing more than a communist agent. he describes himself as an anti-communist freedom fighter. >> the search is on to find out how much wine has been tainted by a cleaning agent. napa wine company which crushes 7,000 tons of games for 60

wineries is trying to determine how much wine and which labels may have been affected. now the wine company spokesman has no comment. one of the wineries which uses the napa wine company is assuring the public that any contaminated wine will be dumped out. >> taking the city's latest offer straight to firefighters unions for a vote. they spent several hours to work out a deal that could reinstate 49 laid off firefighters. city leaders say that will happen only if firefighters agree to take a 9% cut in pay and benefits. the union has offered up 3.5% in cuts amounting to $4 million in savings. union leaders are now accusing the city of not taking the union's offer of concession seriously. >> time to check the weather. mike has been talking about it's gonna stay the way it's been. a little lower than it should be in some people's minds. >> yeah. how low can you go? some records coming, right,

mike? >> absolutely. record low temperatures. tie them in oakland and hayward yesterday and even cooler this morning. could see more record cold temperatures when you step outside. look, we're about 1 to 2 degrees cooler in most areas, even 3 in los gatos. let's take a look at those temperatures. we're stuck in the 50s but mainly the low to mid-50s. only mountain view and san jose at 57 barely make it into the upper 50s. temperatures will remain where they are at 8:00 with cloudy conditions. you can see the drizzle continuing. i think it will hang around later today by a couple hours than yesterday. it may drizzle both in the day at the coast. by noon still in the mid-50s along with san francisco. upper 50s around oakland. mid to upper 60s the rest of the neighborhoods. east bay and south bay mid to upper 70s there. low 70s north bay valleys but mid to upper 50s along the coast and downtown san francisco. only 61 in oakland. we could see a record cold high temperature there. all right. let's take a look at our

accu-weather seven-day forecast. not much change the next several days. temperatures near 70 around the bay, near 80 inland valleys and mid to upper 50s at the coast. good morning, frances. >> good morning prosecutor mike. we start with a couple live shots. traffic flowing well. live shot bay bridge toll plaza looking good heading in towards san francisco with the carpool lanes open. and also we'll check the san mateo bridge. there was an earlier stall but it was on the shoulder so really didn't cause delays. it was in the westbound direction and that's traffic flowing well still towards foster city and san mateo. nearby there's a road closed in san lorenzo closed due to a water main break. they say one of the lanes may be opened at noon. keep that in mind if you're heading through that residential areas. a lot of debris reported. cones in all the lanes eastbound 580. look out for that. westbound traffic also still looking great out of the altamont pass heading towards

the dublin interchange. >> if you're gonna take a trip to chicago, the tax man is going with you. the "moneyscope" report is coming up next. >> also google and verizon consider a deal that could give some of what we see online special priority. >> and a major mexican airline stops selling tickets. we'll tell you what's behind mexicanna airline's financial trouble. >> and like to watch live tv on your mobile device?

>> closed captioning brought to you by mancini sleepworld. mexicanna airlines has stopped selling tickets after the declaring bankruptcy and has cancelled many flights over the past few days, including those between san francisco.

mexicanna is nearly $800 million in debt. the airline says the last straw came when pilots and flight attendants rejected a cost-cutting contract. the airline is going to refund or rebook passengers who purchased flights of that been cash registered. >> a potential partnership between google and verizon could lead to higher charges for internet users who want internet service. it could allow verizon to deliver online content more quickly than others if the content creators are willing to pay. youtube.com could pay verizon to make sure its videos are prioritized and make their way to consumers faster. it could have an internet policy that no content is favored over another. stock futures mixed this morning as cash shah remains over two job reports. unemployment remains the biggest hurdle to a stronger recovery and early reports from retailers show modest revenue gains in

july. with more financial news, here's abc. >> we begin your "moneyscope" report with help apparently on the way for states that need cash. the u.s. senate passed a $26 billion emergency spending bill yesterday. republicans largely opposed it because of budget deficit concerns. the house is expected to pass the bill shortly so the president can sign it. the aid would help states keep tens of thousands of teachers and other employees on the payroll. there is positive employment news this morning. a trade group is reporting job growth in the economy service sector in july. it is the 7th straight month of growth. hospitals, shops and airlines have been adding jobs all year. the report comes out tomorrow. if you're taking a trip to chicago, the taxman is going with you. the national business travel association found a three-day business visit to chicago costs $101 in state and local taxes. that is the most of sean major

u.s. city. a similar three-day business trip to portland, oregon, would cost the $52 in taxes. >> there is a new king of the smart phones. industry tracker npd says americans bought more smart phones with google's android software last quarter than any other smart phone. android accounted for one-third of all sales. blackberry dropped to the second place since 2007 and apple's i-phone came in third. >> another option if you want to take your favorite tv programs on the road. this tv subscriber will be able to watch live satellite tv on their mobile devices. dish will offer the features to i-pad, i-test and blackberry users in september. it would require customers should update home hardware with a set top box. >> now if i told you that we were having record-setting temperatures in august, what would you think?

>> warm. >> no. >> no, cold. more cold. absolutely. let's take a look outside, show you what we're talking about. look how low the clouds are hanging. barely see the top of the bridge and full of mist and drizzle and cooler conditions than this time yesterday by a few degrees. low to mid-50s in most neighborhoods. the only holdout, san jose at 57 degrees. arounds the monterey bay, same condition, same temperatures, low to mid-50s. even inland for salinas and gilroy. more clouds today. we'll see less sunshine than yesterday. the record cold temperatures are possible not only this morning but this afternoon. may have record low hot temperatures or record cold high temperatures, the way i like to describe it. cloudy, misty tonight. drizzle develops once again and cooler than average all the way through the weekend. the reason why this just is not moving, an area of high pressure bringing all that heat to the mid-south. on the back side of that the jet stream's digging down over top

of us enhancing the marine layer bringing us those cool and cloudy conditions. very hard to break it. that's why we're going to see those temperatures remain below average. low to mid-70s the south bay. 60s on the peninsula. only los gatos los altos at 72. pacifica, half moon bay, daly city, upper 50s downtown south san francisco. barely 61 sausalito. vallejo upper 60s. we hit 80s cloverdale. 91 -- i should say cloverdale and clear lake. mid-50s for the bodega bay and stinson beach. mid to upper 70s in most east bay neighborhoods. may hit 80 in brentwood. look at this, 59 and 58 in

monterey and carmel. looking back here arounds the bay tonight, i should say, low to mid-50s with plenty of cloud cover. the coast, i don't know when you'll get some sunshine. not in this forecast. upper 60s to near 70 around the bay. near 80 inland. hope you have a great thursday. here's frances. >> mike, we're gonna start in the south bay this time where you see cal tran crews at the scene of the 101 and 880 interchange in san jose. blinking lights to the right-hand side. south 101 here heading to south 880, that connector is closed until about 5:30 this morning. and if you're coming on northbound 880 out of the downtown san jose area, that's across your screen. south 101 farther down the road is also closed until 7:00 this morning. so just keep that in mind. use possibly highway 87 as an alternate. no problems at the 280 and 17

interchange in san jose. looking good 101 in the north bay with a live shot here. you can find the latest traffic conditions by going to our website abc7news.com. and you'll find it under the bay area traffic link. terry, kristen. >> thanks a lot. it's 5:18. >> still ahead, san jose firefighters go beyond the call of duty to help an elementary school destroyed in a fire. >> a heated exchange between white house party crasher mick kale salahi and talk show host whoopie goldberg.

♪ [ female announcer ] wake up to black silk from folgers. bold flavor. exceptionally smooth. it's 5:21. accounts of what happened yesterday backstage between white house party crasher mick kale salahi and talk show host whoopie goldberg. whoopie after an interview apparently she was not a part of that interview but wanted salahi

to talk about the night of the white house state dinner. after the show backstage, the two got into a heated exchange. salahi had accused whoopie of actually hitting her. if you want to catch "the view" today, it airs at 10:00 this morning. >> people want to see what happened backstage. no video on that. the fire station that responded to last month's blaze at trace elementary is going beyond the call of duty to help the students there. firefighters yesterday presented district officials with an american flag they found in the rubble of the burned building. they handed over a $5,000 check to help resupply that school. arson investigators are still trying to find out who set that fire which called $10 million in damage. >> time for must reads. lance armstrong in the news. "the new york times" report cyclists are backing long-rumored claims that the champion and cancer survivor

leading the armstrong investigation. many former teammates have been interviewed. one said armstrong was involved in doping. armstrong always denied it. >> if you want a job at jetblue, it would help to have the nypd on your resume. they like to hire retired cops and firefighters as flight attendants. the work force has emergency response experience. officials say they now have a handle of stressful situations, take command of disturbances and used to working holidays. >> make sure you ask for those peanuts really nicely. how social net working sites led to campus worries. freshmen are using facebook.com to check out roommates before they arrive on campus. see aerial photos of your roomy's house. take a compatibility test. many students like it but colleges aren't liking getting demands from parents asking for

new roommates before they've even met the one they've been assigned. look under the must-reads tab. >> we've got the video of the day here. a new video we'd like to share with you. abc 7 you report, a dizzying drive from rich monds to mersaid and back. and back. this was sent to us by min lee. i cannot thank you enough for this. absolutely crazy. do not put your glasses on. no need for that. you can upload it to us or e-mail anything you've got to youreport@kgo-tv.com. anything like that will be much appreciated. >> 5:24. as same sex couples celebrate a federal victory overturning the same sex marriage ban, the battle now whether gays and lesbians will be allowed to

marry while the case winds through the courts. >> suspects attempt to rob a person who ends up being a special agent packing a gun. we'll let you know what happened, who got shot and the investigation continues coming up. >> good news midwest, st. louis to 91. 10 to 15 degrees cooler than yesterday but the heat baking through dallas and phoenix 112. low 80s seattle. so far quiet in all our major airports across the lower 48. several area of severe weather possible denver and memphis stretching into the northeast. we'll have your flight if it's delayed with our flight [ male announcer ] fact -- when doctors are in pain, the medicine in advil is their #1 choice for pain relief.

more than the medicines in tylenol or aleve. use the medicine doctors use for themselves. one more reason to make advil your #1 choice. caltrate delivers 1200 mg of calcium plus vitamin d to help reduce your risk of osteoporosis. it's never too late for caltrate. and now big news -- the same caltrate comes in a new, smaller, easy to swallow pill. not that long ago, many families were priced out of an overheated housing market. but the times have changed. get the facts at remax.com. it's a great place to see all the listings in thousands of cities and towns. with lots of houses to chose from and down-to-earth prices the dream of owning a home seems more attainable than ever. find out what an experienced re/max agent can do for you. nobody sells more real estate than re/max. visit remax.com today.

good morning. i'm theresa garcia live at hunters point in san francisco where robbery attempt turns into a shooting. we'll let you know who was involved, a special agent carrying a gun and who got shot

coming up. >> also the headlines, gays and lesbians celebrate into the night after a federal judge strikes down a ban on same sex marriages. >> talked a couple record lows yesterday and even cooler this morning. you see the fog hanging around sfo. we'll let you know when delays come in. talk about how long this cold weather is going to last. could be through the weekend. >> all right. a new accident reported in oakland. i'll have the details on that. southbound 880 and high street. also road work going on. live shot of interstate 80 in berkeley shows traffic westbound. more details coming up. >> a. c. transit drivers continue to call out sick despite a judge's favorable ruling and a contract dispute. service may not be back to normal until sunday. >> good morning. i'm terry mcsweeney. i'm kristen sze. >> a judge will decide if a temporary stay will replain in place barring same sex couples from marrying.

after the same judge struck down proposition 8 that defined marriage as being between a man and a woman. in making hills decision, judge vaughan walker wrote the evidence shows proposition 8 does nothing more than enshrine in the california constitution the notion opposite sex couples are superior to same sex couples. it could stay in effect until the appeals process is completed. >> that could be two or three years, assuming this case goes all the way through the 9th circuit and to the supreme court which it appears to be on its way to doing. >> the gay community calls judge walker's decision a victory in its struggle for equal rights. >> tomorrow will feel different because tomorrow i will have a sense of security that i haven't been able to experience in the past. >> the second time they've spoken on marriage and this is just another example of judges taking over and, you know, our

democracy. >> many couples walked from the federal courthouse to san francisco city hall to get marriage licenses when the decision was read, but the stay prevented them from doing that of course. >> people cheered across san francisco following the judge's decision ♪ >> right in the middle of hope street. thousands marched along market street to cheer the ruling. the party continued into the evening as revelers packed castro street. the candidates in california's two biggest political races are reacting. the governor's race democratic attorney general jerry brown released a statement via twitter saying proposition 8 violates equal protection guarantee of the 14th amendment of the united states constitution by taking away the right of same sex couples to marry without a sufficient governmental interest.

republican meg whitman said i believe marriage should be between a man and woman and added we have a very forward-looking civil union law. california's u.s. senate candidates split along party lines. gop challenger carly fiorina said they spoke clearly when they approved prop 8. if you would like to read the judge's ruling, posted at abc7news.com under "see it on tv." you'll find more reaction to the ruling as well as photos of that celebration at city hall. >> a robbery with a twist overnight. san francisco police say one robbery suspect ended upshot when he and others targeted an offduty federal officer in the bayview district. theresa garcia is live at the scene on marlin court. trust trustee. >> the suspects really chose the wrong person or maybe a tough person to challenge here because this was or is a special agent carrying a gun offduty.

where we're at is a residential neighborhood of hunters point. evidence has been collected. san francisco police say the robbery happened around midnight. it's the 100 block of marlin court. the offduty irs agent wounded one suspect in the torso. that suspect ran off but was found and taken to the hospital and is expected to survive. police detained another man found nearby. they're questioning him as another possible suspect and even trying to determine if there was a third suspect involved. the investigators are still here at the scene. they've been picking up evidence. we saw at least one bullet shell casing. one irs spokesperson that i spoke with did tell me the agency cannot confirm if this is a man or a woman who was offduty but they do say this person works in the oakland office of the irs and is a special agent with the criminal investigations. it is unclear whether the person, this agent was living here or perhaps visiting someone here as well. live in san francisco, theresa garcia, abc 7 news.

>> theresa, thank you. in the east bay a man will enter a plea in the pitbull attack that killed his two-year-old step grandson. jacob died after three dogs attacked him insite the garage at his family home in concord july 22nd. steven faces two felony charges including child endangerment. an attorney will represent him today. he served as his own lawyer during his initial court appearance. >> oakland will have a new mayor. the race will be wide open now that ron dellum won't be a fixture. he served 27 years in congress and later bake a lobbyist. he's not running for personal reasons. his exit puts jean qwan and former state senator out in front of the race for mayor. >> a. c. transit now says it could be sunday before service is back to normal. that's when the agency will

switch back to its old driver work rules and bus schedules. earlier this week a judge sided with the drivers union to reinstate the work rules it had before imposing a new contract on workers last month in an effort to save money. the agent claims between 150 to 200 drivers have been calling in sick every day for the last several weeks. a. c. transit says the unofficial sick-out caused delays and stranded riders. the union says management has exaggerated absentee figures. >> even more drizzly than yesterday. >> let's talk about how to make the best out of a drizzly day at the beach. >> all right. mike, what are your ideas? >> don't go. (laughter) >> build a sands castle? >> yeah! >> that's a good point. >> wear the sunscreen because even though it's cloudy you can still get sun burn during this time of year. let's talk about how much cooler than yesterday. 1 degree in san francisco.

look at that high. 58 degrees. 2 oakland, san jose 3 degrees warmer and redwood city and concord 7 and 8 degrees cooler than yesterday. still drizzle and mist and cloudiness everywhere at 8:00. that's a couple hours later than yesterday and the day before when the mist and drizzle would usually dry by about the 8:00 hour. still drizzle along the coast at noon with mid-50s there into san francisco. even oakland only 57 with cloudy conditions. a little sunshine everywhere else, mid to upper 60s. by 4:00, degrees along the coast. mid to upper 50s, half moon bay, san francisco. oakland seeing sunshine. upper 60s most of the bay, mid-70s south bay and low 70s up in the north bay. your accu-weather seven-day forecast, yeah, doesn't change really that much. fluctuate a degree here or there depending how thick the marine layer. near 70 around the bay and mid-50s at the coast. what do you say we find out

about mass transit. >> ace train number one reporting five-minute delays. you heard from kristen about a. c. transit. terry, it's the third week of delays continuing the labor contract dispute. other systems reporting no problems. a new accident southbound 880 and high street. apparently there was a car blocking a lane and another car may have hit it. now they're sending an ambulance. you could see slowing there shortly. check out a live camera shot for you. here's san jose and 101. the connection ramp should be reopen shortly southbound 101 to southbound 880 but i see a lot of cal tran crews there and a pedestrian walking on eastbound 80. so you see some chp right there near university. they're possibly blocking one of the lanes. westbound traffic is unaffected heading towards the bay bridge. >> frances, thank you. it's 5:36. >> still ahead, the warning you'll get if parole sex owe fendsers give parole agents the slip. >> the mother of one of three

u.c. berkeley graduates hikers in iran makes an urgent appeal. up next the serious medical condition she says her daughter may be suffering. >> and taking a sip of beer or wine could soon cost you more in san francisco. coming up the financial boost the city would get from a booze tax.

announcer: when your eyes are smiling, you're smiling. be kind to your eyes with transitions lenses.

transitions adapt to changing light so you see your whole day comfortably and conveniently while protecting your eyes from the sun. ask your eyecare professional which transitions lenses are right for you. transitions lenses are available at a site for sore eyes location near you. >> closed captioning brought to you by mancini sleepworld sarah shore, the u.c.

berkeley graduate locked in an iranian prison has discovered a lump in her breast. that's according to her mother that received a rare phone call from her daughter. appealing to the human rights panel to intervene with iranian authorities to move sarah out of solitary confinement. her and her fiancee and friend were arrested while accidentally crossing into iran during a hiking trip. >> starting soon, the public is going to be notified whenever a sex offender evades supervision. governor schwarzenegger signed it after parolelies attacked teenager girls after tearing off their ankle bracelets which provided agents with locations. the public will probably be notified via a public website. a fee on alcohol sold in san francisco got mixed reaction at a supervisors' budget committee hearing. the fee chargedwholesalers and

distributored would raise $16 million to cover health costs associated with alcohol abuse. nightclubs and restaurant owners say the feel will be passed on to customers and hurt business. it would add 3.5 cents to a bottle of beer and about a nickel to a glass of wine. the full board is expected to take up the issue next month. >> it's 5:41. the cost of a peanut butter and jelly sandwich may be going up. i have them every day for lunch. bad news for me. the bloomberg business report straight ahead. >> kagan's nomination to the u.s. supreme court. why most say the outcome has already been decided. >> first came the mud, now comes the cement as b.p. works to kill the well once and for all. i'm in washington. that story coming up. >> state lawmakers tackle a loophole that teenagers are using to buy alcohol at some grocery stores.

♪ [ female announcer ] wake up to black silk from folgers. bold flavor. exceptionally smooth. bad dog, balloon pop. [ dog whimpers ] because orbitz has price assurance. leaf in face, marie, man with computer. [ man ] marie! if another orbitz customer books the same hotel or flight for less, they'll send me a check for the difference automatically. so i know i'll get their lowest price. and i like knowing what to expect. bike, unrealistic splash, embarrassingly transparent. [ bell chimes ] [ male announcer ] when you orbitz, you know.

welcome back. a look at our california forecast at 5:44 this thursday. look at the clouds encroaching on the coast. eureka 60. drizzle possible from those two cities to san diego, 69. getting cool again in l.a., 78. but head to the desert, 104 pal 78 springs. central valley cooling, 85 sacramento. a sun-kissed 80 in tahoe. >> thanks very much. >> take a look at the stories this thursday morning. san francisco police investigating an attempted robbery on an off-duty irs

agent. he shot and wounded one suspect. police detained another possible suspect and still on the scene trying to determine if a third suspect was involved. >> a stay barring same sex marriage will remain in place until at least tomorrow and possibly until the supreme court eventually decides on the matter. it could be years. this after a judge sided with gay rights advocates throughout california's prop 8. voters approved that measure two years ago. it defined marriage as being between one man and one woman. >> oakland mayor rondelly um won't run. he spent 27 years in congress after city council in 1967. he has said to have been absent and an inacceptable mayor. the latest at 6:00. >> the u.s. senate is expected to confirm the nomination of elaina kagan to the supreme court. five republicans in the senate have signalled their intention to vote which would prevent conservatives from mounting a

filibuster. there is one democratic expected to vote against her. it will be the first time three women have served in the high court at the same time. kagan would succeed john paul stevens. >> the gulf oil spill is plugged three and a half months after the deadly explosion that sent oil spewing into the gulf of mexico. b.p. will cement the damaged well and complete the relief well. emily has the latest. >> 2300 barrels of mud killed the well and now the insurance begins. >> it is sort of the beginning of the end of the sealing and containment phase of this operation. >> today b.p. will pour a column of cement nearly two football fields long on top of the mud. the first relief well could be ready in two weeks adding to government confidence that no more oil will leak into the gulf. >> a long battle to stop the leak and contain the oil is

finally close to coming to an end. and we are very pleased with that. >> 108 days into the oil spill it is long-awaited welcome news. >> finally accomplished after all this time. >> government scientists now say three-quarters of the oil spill has evaporated, dispersed or been captured from the water. >> 26% of the oil that was really leased would be the equivalent of about four exxon valdez's. there's still a lot of oil in the gulf. >> it's going to take a while to get the confidence back. >> fisherman worry it will take time for consumers to trust local seafood. too late to salvage a lost tourist season. >> i myself will have to go out of business. with the window of opportunity, the hundred days of high volume did not happen. >> 650 miles of gulf coast shoreline have some oil now. 31,000 people are still working to clean up the coast. emily schmidt, abc news,

washington. >> republican candidate for governor meg whitman says she is probably going to vote against proposition 23 that would suspends the state's greenhouse gas reduction law. she still backed a one-year moratorium on enforcing the measure. it would suspend enforcement of the law until unemployment drops to 5.5% or lower for an entire year. opponents call whitman's statement an enormous boost for their campaign. >> the temperatures the lowest? another dive? >> cooler this morning which means probably cooler this afternoon. set record lows, at least tied them in hayward and oakland. see how that pans out today. as we look at the clouds, they're thicker this morning, more stubborn, less sunshine. could set record cold high temperatures. something else to watch out for this afternoon. looking down. not seeing the sun rise yet. losing nearly 2 minutes of

sunshine every day now. high clouds in those areas that will see the sunshine and help dim it a little bit. that will be mainly over the east bay, the south bay and north by valleys. let's take a look at these temperatures in all neighborhoods except san jose, 57. monterey bay, same thing, low to mid-50s, clouds, a little drizzle. more clouds with those record cold temperatures possible. cloudy, mist. develops again tonight and drizzle along the coast. it may not even leave you today. you may stay in that drizzly pattern during the afternoon hours. it will remain cooler than average through the weekend. here's a look at the clouds and how they're continued to march across our neighborhoods by 8:00 a slow retreat starting in the east bay and north bay and south bay. by 12:00, the bay full of clouds and the coast. 1:00, 2:00 we start to see breaks around the bay. cloudy at the coast, san francisco and lesser extent oakland. 50s reaching fly san francisco. 70s inland valleys.

let's go to what is usually our hot spot. mid to upper 70s our east bay valleys. fremont 69. low to mid-70s throughout the south bay. maybe hit 77 los gatos. but san jose 72. same thing with los altos. look at the peninsula. mid to upper 60s for you. colder on the other side of the mountains. mid-50s along the coast, upper 50s downtown south san francisco. and even sausalito, vallejo and san rafael won't shake 60s today. mid to upper 60s with low to mid-40s inland valleys. cooler monterey bay with low to mid-60s. upper 50s monterey and carmel. tonight cloud cover, drizzle most likely along the coast. misty for the rest of us and cool once again, low to mid-50s. your seven-day forecast, looking like we cannot shake the clouds at all at the coast.

that's why we stay in the mid to upper 50s. we'll see varying amounts of sunshine arounds the bay. we'll bounce between the upper 60s and low 70s. this cool air mass, low 80s about as good as it gets through the weekend. let's turn it over to frances. she's tracking an accident. >> yes. keeping an eye on this one in oakland. it could cause delays. southbound 880 and high street. sending emergency crews but so far traffic flowing well in both directions. good morning to residents in san lorenzo. a heads up as you make your way to work. a water main break happened before midnight last night. balkman road closed right now. so look out for that. ace train number one running six minutes late. ace train number three is on timed and look again for a. c. transit delays all week due to that labor dispute. check out interstate 80 in berkeley. pedestrian has been cleared in eastbound direction. no delays to the bay bridge toll

plaza looking good as well. you can find out the latest by going to abc7news.com. click on the bay area traffic link. kristen. >> frances, thanks a lot. a free downtown shuttle for downtown oakland is set to begin service. the broadway shuttle will run weekdays between jackson square and the avenue. the green shuttle buses will run about every 15 minutes or so making stops along broadway and china town, at city hall and bart stations. the service is paid for by clean air grants, various downtown property owners and oakland redevelopment fund. >> local soccer fans have plenty to talk about, maybe even shout about after a rare international matchup at candlestick park. last night's celebration started in the parking lot, continued inside the stadium as spain's real madrid played club america from mexico. the match marks the u.s. debut

for real madrid, america one of the most popular teams in mexico and enjoys a strong following here in the bay area. real madrid won the match 3-2 on a late goal but there were problems with tickets and hundreds of fans, at least hundreds missed part of the game trying to get in. the tickets wouldn't scan. there were people pretty upset out there but all said and done, they got in. saw most of the game. >> all right. 5:53. the labor department released the latest job figures. benefits rose to their highest level to 479,000. that was a sign companies are still cutting or not hiring. >> here's bloomberg reporter jane king with the "moneyscope" report. >> good morning. watch the sales at the mall as retailers kick off the back to school season. now marking down all new jeans 50%. 40% off at abercrombie and fitch. retailers may have been optimistic when they ordered in the spring and today a report on

jewelry tail sales from the international council of shopping centers. and weak futures surging nearly 80% from june. a drought in russia causing supply concerns. i-phone 4 users may be vulnerable to a security problem. the government and software company say apple's new i-phone has a flaw that allows hackers to remotely access your i-phone and read passwords and e-mails, see phone calls, even use the i-phones camera. apple says it's looking into the issue. investors with a close watch on a report of weekly jobless claims. a higher close yesterday after reports showing stronger than expected growth in the services industry. and raytheon is going hollywood. the world's biggest missile make he were with plans from avatar. the biggest piece of the military business and win contracts overseas to offset the possible drop in the government's budget for military

weapons. i'm jane king with the bloomberg business report. >> you may have seen those self-checkout stands at the supermarket or use them. some teenagers are using them to buy alcohol. the machines are supposed to lock up when alcohol goes through until a clerk can check the customer's age but the machines are loosely controlled and some don't work the way they're supposed to. teens are finding ways to foil the defieses like putting beer bottles in a six pack of coke. one teen helped test it. >> one employee attending nine systems. they were easily distracted and i could scan a 12 pack of coke and 12 pack of beer and walk away with it. >> the state legislature is considering a bill that would require stores to only sell alcohol through a cashier. >> a billionaire in southern california real estate developer says he is the victim of identity theft. he says someone stole his $1.4

million federal tax refund check. according to court documents, the suspect who you see on the right set up two bank accounts in his name. he deposits the refund check to one and transferred the money to the other and with drew it. no word how the thief got the check in the first place. >> 40 of the country's wealthiest people giving half their fortunes to charity. they include larry ellisson, george lucas, venture capitalist john durr, founder and chairman of e-bay. new york mayor michael bloomberg, oil magnet pick kins and ted turner are pledging their fortunes. the people on the list are worth a combined $250 billion. sorry, pierre. >> a lot of charity. >> yeah. >> just ahead, the droids, the

new leaders. >> where the city wants firefighters and not their unions to make the choice. >> some robbery suspects approach a very unlikely victim. this a federal agent carrying a gun. i'm theresa garcia live in san francisco. that agent ended up opening fire. we'll let you know what happened

wwwwwwwww"@"@"@"@"@ccccccccccccc