meets to decide whether to spends $2 million on a budget surplus on a temporary fare rollback. >> a live look from downtown san francisco. the drizzle's more widespread this morning. it's been measurable in a few areas. i'll show you where, how long it will last and when is this warming trend finally going to get here. >> bart hasn't slowed anyone down. the bay bridge toll plaza, no delays, however there's an accident on to the treasure island off-ramp from eastbound 80. we'll keep track of that one. >> good thursday morning, everyone. it's 5 a.m.. thank you so much for joining us. i'm eric thomas. >> i'm kristen sze. the judge who overturned california's proposition 8 but stayed the decision will rule this morning on whether same sex marriages can resume while appeals are heard. terry mcsweeney is live at san francisco city hall which could be but, terry, not necessarily or even likely to be a very busy place later today. >> yeah.

the window for the decision for judge vaughan walker's decision opens at 9:00 this morning, sometime before noon we're going to find out if he's going to lift the decision made last week, the temporary ban which prevented same sex marriages from taking place. last week the judge ruled that proposition 8, the voter-approved measure defining marriage between a man and a woman, he found it unconstitutional but did not order same sex marriages to resume immediately. today he's going to decide if they should take place again. but legal analyst dean johnson says the judge will likely lift the ban but then hold off implementing that for a week or so so that supporters can appeal the ruling. >> what i don't think is going to happen is that the stay is going to be lifted and same sex marriage will be the law in california tomorrow morning. i don't expect to see the prop 8 lawyers racing to the 9th circuit while same sex couples race to city hall to get

married. >> abc 7 checked with bay area counties. they all say they are ready for an influx of the same sex couples hoping to get married but dean johnson says forces will be given time to appeal through the 9th circuit and beyond if necessary. johnson's saying probably no weddings today. 9:00 the windows open. we're going to find out what the judge says then. live in san francisco, terry mcsweeney, abc 7 news. >> terry, thank you. abc 7 and abc7news.com will have live coverage of the decision as soon as it becomes available. again, it's expected today between 9 a.m. and noon. >> 5:02 now. cleaner trains or slightly lower fares. those are a couple of options facing bart board members when they meet today to discuss ways to spend part of a $4 million budget surplus. meantime there's more good news from bart's accountants this morning. theresa garcia is live in san francisco with more. theresa? >> well, here's what happened. in reviewing last year's

finances, bart has discovered an extra cushion of cash, a $4 million cushion we're talking about and that came from higher than projected county sales tax revenues. today it's deciding what to do with some of that surplus. given the tighter economic times, bart was already in a cushy position having announced it had a $4.5 million surplus. that was due to unexpected state funding. now the agency has $8.4 million extra dollars. $4 million will likely go to the capital reserve fund but still deciding how to spend some of the rest. while the surplus isn't a surprise, it says its healthier budget is also due to belt tightening. >> the last years they told us bad economy comin'. they said we've gotta make cuts, match our expenses with our revenues. >> today bart's board of directors will vote on how it will allocate some of the original $4.5 million surplus.

bart has already committed about $2 million on customer-focussed projects. now it will spend another $2 million to get a fare reduction for four months. it's not worth it to spend the money temporarily to reprint brochures. if the fare rollback is approved, riders can expect the price break to run october to february. if that's not approved, that $2.3 million from the original surplus, that will go back to the agency's reserve fund. live in san francisco, theresa garcia, abc 7 news. >> theresa, thanks a lot. dozens of highway projects around california may have to be delayed if the budget stalemate in sacramento lingers. without a budget in place, cal tran can't award contracts for resurfacing highway 101 in san rafael or interstate 80 in solano county. widening highway 4 through antioch would also be put on hold. if cal tran runs low on cash, construction at the caldecott

tunnel could come to a halt as could the doyle drive project in san francisco and the double slide tunnel in san mateo county. $3 billion worth of projects are in jeopardy as well as the jobs that go with them. >> in contra costa county detectives are investigating a murder inside a bay point home after authorities arrested a suspect who led them on a long chase. it began yesterday afternoon after a neighbor called in a disturbance at the home and described a bright yellow s.u.v. a slow chase followed down highway 4 from bay point to concord. the car van travelled back through pittsburgh and returned to the bay point home where it all started. then a 30-year-old sat in his vehicle with a revolver in his head while talking on a cellphone. investigators were eventually convinced him to put down the weapon and give himself up. >> subsequently it was discovered there was a dead body inside the house and he was identified, rubio was identified as the suspect in that incident. >> so far officials will only

say a male victim was found dead inside the home. >> in san francisco the promoter of an end of summer theme party that ended with a german tourist getting shot and killed is apologizing for the tragedy. the san francisco chronicle reports the 22-year-old promoter is pledging to work with city officials to put on safe events in the future. overnight yesterday the only suspect to be arrested in connection with the shooting death of that german tourist was released from jail. the district attorney's office says there's not enough evidence to file charges. >> blacking schwarzenegger's plan for death row facility. he plans to issue a $64 million loan from the state's general fund to start work on the $356 million project. assemblymen have on polled to governor's efforts to expand that facility in the past. leno calls the planning reckless because of the unstable state of

california's general fund and the state's all-around budget problems. >> we're all in agreement, right. another misty morning out there? >> we do indeed. had to tap the wipers a couple times. >> definitely. coming into work. but that's a sign of warmer days to come. >> that's the warmer air. we have to get rid of the cloud cover to get that warm air to work down to the surface. compared to yesterday, it will happen. we'll be about 2 degrees warmer around san francisco, 4 san jose, 5 oakland, 6 santa rosa, redwood city 7 degrees warmer. our inland valleys will get the warming trend first. concord about 11 degrees warmer today than yesterday. how the thursday breaks out. 8:00 still cloudy. the mist and drizzle will start to taper about 8:00. but still expect flight arrival delays into sfo through that time frame. by noon we're looking at sunny conditions in our inland valleys. notice the wealth of 70s there.

definitely cloudy at the coast with upper 50s to near 60. 4:00 same thing there. half moon bay at 58, san francisco 61. more sunshine around san rafael, oakland and palo alto with mid to upper 60s. low to mid-70s from fremont into san jose and napa to santa rosa. upper 70s to low 80s in our east bay valleys. it is those east bay valleys that will continue to see the warmer weather, especially sunday, monday and tuesday where we hit the low to mid-90s. at the coast sunshine and low 60s. good morning, frances. >> good morning, mike. still an injury accident on the lower deck of the bay bridge on the treasury island off-ramp. it's blocked right now, the off-ramp is, and it's scheduled to be reopened in the next ten minutes. they had to clear some of the debris. but traffic is flowing well on the lower deck heading out of san francisco as well as the upper deck out of oakland and into the city. a nice ride across the san mateo bridge right now and the road work on 880 at 92 has been

cleared so all the connection ramps are open. we'll check out drive times for you this early morning. a quiet ride on westbound 580 from 205 to 680. now is a good time to go. it's only 19 minutes right now. 101 looking good from highway 5 to 280 in san jose. 11 minutes as well as 101 southbound from santa rosa to novato. eric, kristen. >> frances, thank you. it's 5:09. >> the "moneyscope" report up next. >> we'll take you behind the scenes at yahoo as their top engineers search for a better way to help you find what you're looking for online. >> listen to this. it's smaller than the i-pad but bigger than a smart phone. >> she's amazed by it. look at that the. >> yep. allergies put me in a fog.

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>> closed captioning brought to you by mancini sleepworld. it's 5:12. good thursday morning to you. the environmental impact report on developing treasure island gets its first public hearing this morning before a joint meeting of the san francisco planning commission and the treasure island development authority. the san francisco chronicle reports today's meeting is designed to put the treasure island plan on the fas trak. city supervisors approved the financial and development terms for the project back in may. it calls for building up to 8,000 housing units with 30% of them from low and moderate income residents. the plan also includes office space, retail stores, hotels and entertainment facilities. the former navy base was vacated in 1997.

>> search engines like google and yahoo know about what you search for but they're learning a lot about you. yahoo has drawn dozens of research scientists to silicon valley this week from labs in spain, israel, chile. they want to know why internet users go back to certain websites. the posts on twitter. other scientists are looking at whether visitors to dating sites really want what they say their seeking and how friends influence buying decisions on social network. >> i believe social sciences will undergo big leaps in understanding of human behaviors in the next 20 years thanks to the internet because suddenly it's possible to study human behavior on scales that you would never imagine before. >> that's done by monitoring internet searches and by talking to users. the goal is make yahoo which is now 15 years old better for consumers as well as its

advertisers. >> 5:13 now. a new report says the obama administration may hold revenue from b.p.'s oil and gas drilling as collateral for a $20 billion gulf spill compensation fund. b.p. is paying $5 billion into a fund this year. the remainder will be paid in installments. the government watchdog group public citizen says the arrangement is a conflict of interest because it gives the government a financial incentive to encourage b.p. to keep drilling offshore. >> good morning. we begin your "moneyscope" report with jittery investors around the world. asian markets tumbled this morning at the latest downturn in the u.s. stock market. the dow jones industrial average lost 265 points yesterday putting it in negative territory for the year. the nasdaq lost 68 points. the downturn followed signs that the u.s. and foreign economies are slowing down. abc news business editor says fears of a double-dip recession

are now growing. >> economists and market watchers are telling me we should expect to see more big up and down days in the coming weeks. that volatility index indicates there's going to be rough going ahead. >> near atlanta, a shocking look at just how desperate some people are for homes. 30,000 people waited in line for public housing applications in east point, georgia. many waited overnight and the crowd began pushing and shoving just after the doors were open. 20 people were hospitalized. 13,000 families received those applications. general motors is expected to report a $1 billion quarterly profit this morning. it would be the auto giant's first profit in three years. g.m. is expected to file for an initially public stock options tomorrow. that would lead to the government selling the majority ownership of g.m. which it acquired during the auto industry bailout. >> if you're looking for a job, you may want to know about an event coming up in three weeks. abc 7 and the california job

journal are hosting another job fair on august 31st at the hilton garden inn in emeryville. there will be a special focus on healthcare workers. we have full details at abc7news.com. >> presale of dell's stream tablet begin today with shipments starting tomorrow. dell is promoting the touch screen device as a combination cellphone tablet computer. it's half the size of an i-pad, makes phones. the streak will run you about $300 of course with the two-year at&t contract. otherwise it's about $600. >> 34 years of commiserating with women throughout the world, cats think is calling it quits. that's kathy of the comic strip theme. the final will run in newspapers on sunday october 3rd. she says she'd like to spend more time with family and try

something new. cathy is carried in 700 newspapers. >> gray start to the morning with maybe mist and drizzle around? >> yes. sounds familiar. >> i think i've heard it before. >> but the ending is a little different. >> bravo. >> how about that. especially through the weekend. show you what's going on. it's 5:17 on this thursday. here's a look at the embarcadero. vallejo street. you can see also the bay bridge off in the distance. let's talk temperatures under the cloud cover, the drizzle and mist. we've had two-hundredths of an inch of rain santa rosa. we're looking at low to mid-50s up in the north bay valleys into san francisco. with mid to upper 50s for the rest of us around the monterey bay we have mid to upper 50s, even inland towards gilroy and salinas. more sunshine today. that's the key to the forecast. the warm air is there but it's above 4 to 5,000 feet right now. once the sun comes out, warms

the ground, that warm air rises and the air starts to overturns. we'll get that warmer air to the surface. until that happens cloudy and chilly for the better part of the morning hours but the afternoon shouldn't be as chilly, especially inland. cloudy tonight and the warmest weather sunday and monday. the inland valleys we see the biggest warming trend out of the system. the area of low pressure that reinforced the cool weather yesterday with that record cold high temperature, 62 oakland. over the next 24 to 48 hours, it starts to finally move away. i can see why it hung around the bay area for so long are we have so much to offer but we would like to see sunshine and maybe sell t-shirts at pier 39 instead of sweatshirts. mid to upper 70s south bay today with sunshine. that's still below average. millbrae 68. low to mid-70s the rest of the peninsula. upper 50s along the coast today. downtown south san francisco,

sausalito around 61 to 63 degrees. san rafael also in the 60s, about 68. mid-70s most of the north bay valleys but the upper 50s still hold on to your coast. low to mid-60s for richmond, berkeley. hayward and hercules. upper 70s pleasanton, danville. low to mid-80ss rest of the valleys. 80 morgan hill and mid to upper 60s monterey bay. for tonight cloudy once again but notice how it doesn't penetrate as deeply to the east as it did yesterday. or this morning for that matter. low to mid-50s as weigh start out friday. maybe a degree or two warmer, especially the east bay valleys. we'll see that trend continue saturday and sunday. that's when the warm weather starts to take over. even the bay area as we hit the upper 70s, mid-90s inland but low 60s at the coast. have a great day. here's frances. >> mike, good news if you're heading towards treasure island. the off-ramp is open off the

lower deck. let's check out contra costa county. traffic does slow a little bit in antioch, westbound from lone tree to summersville around this time but overall not bad. as you make your way through walnut creek, looks great. if you connect on highway 24 to the caldecott tunnel. and also a nice ride on 101 through millbrae. problem free all along the peninsula. south bay we'll check out highway 87 for you. there you see traffic is flowing well. no problems at all for headlights moving northbound. southbound also very light at this point. eric, kristen, you can always get the latest by going our website, abc7news.com. the place to go and the bay area traffic link is under abc 7 extras. guys. >> glad you made time for that, frances. >> it's a good thing to know. 5:20. they put their lives on the line

to save a drowning woman. up next the honor highway patrol officers will receive today. >> summer camp over. time for real action. coming up the players raiders fans will watch in tonight's opening preseason game. icicicc

welcome back. it's 5:24. just hours from now two chp officers will be recognized by the state as heroes. chp helicopter pilot jason hurtsell and officer yaya will receive an award for the rescue of a drowning woman in a walnut creek canal on april 11th. they were among several who managed to pull the woman from the rushing water after her car

crashed and flipped into the canal. >> it's 5:24. tonight the oakland raiders kick off the preseason in dallas against the cowboys. the first time fans will see jason campbell in silver and black. campbell is expected to play the first quarter. zack miller is filed up about his new q. b. >> haven't had a chance to go live with jason. we will hear in a couple days. exciting. always different in a game situation and i think it will be a lot of fun. >> game starts at 6 p.m.. the 49ers begin their preseason on sunday in indianapolis. >> it's 5:25. still ahead at 5:30, the guessing game ends today as the federal judge decides whether to lift the stay preventing gays and lesbians from getting married in california. we're live outside san francisco city hall. >> and in this economy it's not every day a transit agency finds a $4 million surplus. i'm theresa garcia live in san francisco. we'll let you know what bart

discovered and how it plans to spend it coming up. >> and an abc 7 eye team investigation uncovers a major oops by san francisco parking officials. up next why hundreds of parking tickets have been tossed out. >> the big story across the country is the heat wave that continues from dallas at 104 to st. louis at 100. even warmer around seattle at 79. cooler weather moving into the northeast. that severe weather's causing flight departure delays from washington and baltimore over an hour and out of new york around 45 minutes. see if anybody you know is on those flights and could be delayed, go to our flightttttttq

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♪ i'm terry mcsweeney live in san francisco. a ruling today is expected to get same sex couples the green light to go ahead and get married.

we're going to tell you what legal experts say. there still probably won't be any marriages today. >> also in the headlines, a murder suspect leads police on a chase in the east bay. it ends with an armed standoff. >> here's say live look from emeryville this morning at the bay bridge. it is damp this morning. even more mist and drizzle to contend with. believe it or not, a warming trend today. i'll show you where it is and where it will hit hardest this weekend. >> you saw traffic was flowing well across the bay bridge. also looking good across the golden gate bridge. heading to sacramento, i have road work to tell you about that could slow you down. >> and the santa clara planning commission approves plans for a six-story tall top on a muslim center. >> it's a thursday, 5:29 it is i'm eric thomas. >> i'm kristen sze. we're following breaking news right now. the usgs says a magnitude 6.9 earthquake has just hit ecuador. it struck about 4:30 our time.

about 105 miles southeast of the capital city of kinto. no word yet on injuries or damage there in ecuador but we'll continue to monitor the story and bring you more as we get it. right now we know the usgs has it at a 6.9 earthquake. >> the federal judge who struck down california's ban on gay marriages will release another crucial decision in san francisco. he'll rule on whether same sex marriages can resume while his earlier decision is appealed. terry mcsweeney is live at city hall. terry, county clerks are paying very special attention what happens today. >> county clerks tell us they ready for anything but legal experts say there may not be anything to be ready for. tell you about that in a minute. judge vaughan walker expected to release hills decision between 9:00 and noon today. judge walker is the same federal judge who last week ruled that prop 8, the ban on same sex marriage approved by the voters

of california, is unconstitutional. he placed a stay on that ruling. those who came to san francisco city hall for a marriage license were turned away. now, even if the judge does lift the stay this morning, that does not mean same sex weddings will take place today. >> if the stay is lifted, judge walker undoubtedly will give the p proponents to appeal to the circuit and circuit justice anthony kennedy. if it stays in place, same sex marriages will not be allowed to go forward. >> if the judge lifts the ban and does not delay its implementation for a few days, san francisco, santa clara, san mateo counties all telling us they are ready for the influx of people coming in to get those marriage licenses. as we heard dean johnson saying it's probably not going to happen, probably at least seven days to give the yes on 8 side a

chance to appeal if in fact he does rule he's going to be lifting that stay. live in san francisco, terry mcsweeney, abc 7 news. >> and abc 7 and abc7news.com will have live coverage of the decision as soon as it becomes available. again it's expected today between 9:00 and noon. >> bart directors will this morning tackle the subject of what do do with a whole lot of unexpected money. the surplus is $4 million bigger than the earlier projections. theresa garcia is live at the embarcadero station in san francisco. theresa, what are the potential rates? >> well, some of the potentials are stash it in reserve, perhaps roll back the fares that will be temporary, maybe even clean the cars and anyways what more of the bart riders are saying, they'd prefer to have cleaner cars. it would definitely make the ride nicer and last longer than a temporary fare decrease. what happens is the agency has a

total $8.5 million extra dollars. early this year bart announced it discovered $4.5 million due to unexpected state funding allocation. in reviewing last year's finances bart discovered another cushion of cash, $4 million surplus and this from say higher than projected sales tax revenue. bart says that will likely go towards the capital reserve fund. how to spends some of the rest of the surplus? bart riders are not all fans of a fare decrease saying it's not worth it to reprogram ticket gates and reprint brochures. >> no. just clean the cars and make the trains run correctly. i don't want the price rate and they have to reprint everything. it's a waste of money. >> today bart's board of directors will vote how it will allocate some of the original $4.5 million surplus. bart has already committed about $2 million on a series of customers-focussed projects. it will consider spending another $2 million giving the riders a fare reduction for four

months. that's what they're voting on today. if the fare rollback is approved, riders can expect to that run from october to february. if it's not approved that original $3.2 million surplus will go back to the agency's reserve fund. theresa garcia, abc 7 news. >> theresa, thank you. in contra costa county, detectives are investigating a murder inside a bay point home after authorities arrested a suspect who led them on a long chase. this all began yesterday afternoon after a neighbor called in a disturbance at the home and described pay bright yellow s.u.v. a slow chase followed down highway 4 from bay point to concord. the car van travelled back through pittsburgh and returned to the bay point home where it all started. bay area investigators say a 30-year-old sat in his vehicle with a revolver pointed at his head while he was talking on his cellphone. they convinced him to give

himself up. afterwards they found a dead man inside the house. >> a tower on a center won key approval. unanimously. the tower doesn't fit in with the architecture. it moves to the santa clara city council for final approval. >> the parking fines paid by hundreds of drivers in san francisco are now being refunded because of a mistake uncovered by the abc 7 eye team. store owner george chen's vehicle was one of those caught on video by a camera on a muni bus. it's one of the transit-only lane enforcement project. but the $85 ticket chen received came as a shock because he always moves his commercially licensed vehicle from a loading zone before the 4:00 time limit.

the ticket says his vehicle was there in june at 4:33 in the afternoon. the eye team filed a public records act request and shows on 17 buses the camera recorders didn't adjust for daylights savings time in march. the clocks were off one hour and technicians didn't catch it for more than three months. >> it wasn't 4:30, it was before 4:00, right around 3:30. >> if we have a problem with the tickets and we can verify it we should refund that money if there was a problem with our system. >> and be proactive? >> yeah. >> executive director assures us his office will refund more than $28,000 that people have paid for these tickets and will excuse $27,000 in outstanding fines. >> a lot of people have heated feelings about those cameras. >> heated feelings, might want

to put the heat on and wipers a little as you head out. >> i agree. totally misty, right? yesterday they thought it was great noontime in san francisco. >> we agree. that's nice. mike? >> we have a little drizzle, absolutely. have even more during the overnight hours. that's why santa rosa's about .200 of an inch. that drizzle didn't hit so officially nothing. ironic, huh? low to mid-50s most of the neighborhoods. mid to upper 50s for mountain view and san jose. and these temperatures are pretty close to yesterday. we're within 1 to 2 degrees in all neighborhoods. half moon bay and fremont exactly the same as yesterday. the only thing is as kristen there mentioned, it's moist this morning. there's definitely more mist in the air and drizzle. so you may need the windshield wipers more and may need to grab a coat to keep yourself dry. 8:00 this morning all that will start to dry. still cloud cover and temperatures in the 50s.

you can see where the sunshine breaks out the quickest. north bay valleys, east by valleys. still 60s arounds the bay and upper 50s at the coast. we may not break out of the upper 50s in half moon bay. mid to upper 60s throughout the bay and low to mid-70s south bay and north bay valleys and upper 70s to near 80 in the east bay valleys. always the east bay. we've talked about seeing the biggest jump and temperatures and the most significant warming. that will start sunday as we touch 90 and hang in the 90s all the way through wednesday. mid to upper 70s arounds the bay, low 60s at the coast. frances, good morning. >> mike, looking forward to that warmth outside. we could definitely use it. still pretty quiet on the roads. a live shot of interstate 80 in berkeley. so no trouble heading west bound here. and if you're traveling between the bay area and sacramento, just ahead through the davis and dixon area out to the county line, there's some road work

scheduled for some -- paving work actually until about 6:00 this morning. so you may encounter some delays and may see some detours in place. as we check out the entire drive time from 680 cordelia junction to the maze it's right around 30 minutes. eric, kristen. >> frances, thank you vex. it's 5:39. >> fake or real? it will now be a lot easier to tell the difference when someone buys a fur product in california. >> and governor schwarzenegger returns to the big screen. coming up why state workers are coming up why state workers are turning thumbs down on his

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>> closed captioning brought to you by mancini sleepworld. >> the state senate approved a bill that would require manufacturers to label any animal fur used in clothes. the bill heads to the governor for his signature. federal law requires animal fur labels on any garment that costs more than $150. there's an assumption that garments without labels have fake fur but that's not always the case. >> state workers angry over forced furloughs are organizing a boycott of governor schwarzenegger's latest movie. >> my friend loves playing in the jungle. >> his problem. >> the expendables opens this friday. state workers are protesting in san francisco and other cities

showing the film. it has given union employees a rally cry. tell arnold we're not expendable. a second set of furloughs was scheduled to begin tomorrow but an alameda county judge blocked it monday. governor schwarzenegger is appealing the judge's decision. >> the governor just has a cameo but according to one critic he has one of the best lines in the whole movie. asks willis what schwarzenegger's problem is and he replies he wants to be president. (laughter) >> okay. 5:43. the obama administration offers an interest-free loan plan for homeowners. the bloomberg business report straight ahead. >> say newly discovered hazard inside bounce houses. why your kids are at risk. >> charles rangel proves he still has plenty of powerful friends. >> a bay area researchers uncovered evidence that sheds new light on the eating habits of early man.

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let's take a look at the stories we're following this thursday morning. the federal judge who overturned proposition 8 will rule today whether same sex marriages should resume immediately in the state or wait through an appeal court's decision. appeal's court decision, judge vaughan walker as decision by noon today. >> bart's board of directors will vote whether to spend more of its surplus to give riders'

a 10% fare reduction. police investigating a murder inside a bay point home after a long chase through contra costa county. investigators discovered a dead body inside the house and identified the suspect following the chase. the very latest on these stories coming up at 6:00. it may be one of the most significant finds in years. the ancestors of modern humans may have used tools a million years sooner than scientists first thought. a local scientist is behind the find. >> this area of rural ethiopia is often regarded as the cradle of mankind. the remains of modern man's ancestors. they have looked for clues of mankind for decades and made a major discovery about our ancient ancestors. anthropologists from the academy of scientists provided us with this video. >> we discovered two bones that

clearly indicate that they have inflicted marks on them. >> these fossillize the animal bones show distinct signs of primitive stone tools likely made by sharp objects to break bones to extract marrow for food. butchering data, over 2.5 million years ago. >> mankind picked up tools nearly a million years earlier than previously thought. our ancestors were more advanced, not only able to use tools but they ate meat. >> these species played a very critical role in our evolution history because the species bridges the very first. >> the find was made just a short distance from another of the academy's discoveries.

the oldest and most complete juvenile skeleton of the species was honored in 2,000 nicknamed salam. it was 3.3 million years. modern humans emerged just 200,000 years ago. >> after that no one was able to demonstrate that the species used tools. >> the team will resume its research in the coming months with a new motivation, finding the tools that may have made these early cuts. >> you can learn more about the cal academy team's findings in the science journal nature which is out today. >> going to make that place even more popular. >> it is. >> exciting finds there. >> uh-huh. well, talking about something exciting which is after all the days of drizzle, cold weather, some people want to call it rain, technically it wasn't, right? yeah. it's all gonna change. >> yeah. we talked about this yesterday. the difference between rain and drizzle is the size of the drop.

that's what it is. let's talk about it is going to change but not necessarily in a very quick fashion. and not for all of us today. mainly in the valleys we see the warmer weather today before it spreads over all our neighborhoods through the weekend. here's a look at sfo. you can see how thick the clouds are. the mist hanging over that will cause flight arrival delays. 10, 15 minutes. you can always check our flight tracker at abc7news.com. ballmer peak, what a beautiful picture of the sunrise. that's where the warm weather is. the top of diablo. got to get the atmosphere overturned, get some of that warm weather to drop down and we will this afternoon. the 50s again, same thing around the monterey bay. highlights, more sunshine today, not as chilly as yesterday. no record cold high temperatures. cloudy tonight, not quite as damp as this morning. the warmth weather arrives sunday and monday. for today look how far inland

the clouds all the way to sacramento to stockton, modesto. noon for sure all our valleys clear. still cloudy around the coast and into the bay. by 2:00 those clouds back to the coast. 60s and 70s will dominate the bay. even a few 80s but that's mainly the east bay valleys. danville, pleasant the upper 70s. east bay shore quite a bit of difference compared to your valleys with mid to upper 60s, even low 70s union city, fremont, newark and castro valley. san jose at 76 degrees. millbrae 68 but low to mid-70s for the peninsula with a partly cloudy sky. upper 50s along the coast. a few pockets of sunshine around downtown, south san francisco and sausalito with low 60s to mid 70s. san rafael 68. mid 70s your valleys. morgan hill 80 with sunshine but clouds around the monterey bay and mid to upper 60s. the cloud cover keeping sacramento about 84 but

eventually sunny there. palm springs, that's the warm spot, 101. the fourth and final game with the cubs. pockets of sunshine at at&t park. afternoon game, 12:45 first pitch, temperature 52 warming to 62. forecast, just minimal warming tomorrow and you can see the warmth start to spread starting sunday and into tuesday. low to mid-90s inland. cool at the coast with low 60s and in between the bay mid to upper 70s. frances? >> a couple new accidents heading through the napa area. jam miss son canyon, an accident involving big rig that may be blocking a lane. walnut creek no trouble here or contra costa county. let's check out the san rafael commute. 101 looking good southbound as you make your way towards 580 through san rafael. the san mateo bridge also trouble-free with the earlier road work. both ends of the bridge all gone. we'll head to the south bay and san jose 101 sat 880.

now, an accident reported northbound at sold oakland road. that's just before it live shot but it's not blocking lanes although injuries have been reported so we could see some slowing there. you can always find out what exactly may slow you down on your way to work by going to abc7news.com. eric? >> frances, thank you. it's 5:53. friends and colleagues gathered in new york last night to celebrate embattled congressman charles rangel's 80th birthday. it was actually in june but he used the occasion as a fund-raiser for his re-election campaign. there was michael bloomberg as well as top democrats. they came to support rangel accused of 13 house ethics charges. there were protestors outside the event at the plaza hotel calling for rangel's resignation. >> jurors in the corruption trial of former illinois

governor blagojevich suggest they may be deadlocked on counts as they prepare for their 12th day of deliberations this morning. the panel censent a note to the judge asking for guidance. blagojevich has pleaded not guilty to 24 counts, including charges of trying to sell or trade an appointment to president obama's vacated senate seat. the judge says he'll talk with the jury this morning to determine if they should continue deliberating. >> investigators try to regroup after yesterday's stock slump. a new plan to help hurting homeowners. >> here's jane king with the morning's "moneyscope" report. >> good morning. the day after the big selloff which left stocks in the u.s. and around the globe down for a second day after the federal reserve said the recovery is slowing. we could see pressures on cap shares today. getting mixed signals with the beatle of the economy. a new report says foreclosures fell from a year ago. the real track says the problem spread out of the nation's hot

spots like california and maryland. the obama administration announcing yesterday it's kicking another $3 billion into a billion dollar fund to help distressed homeowners. eligible homeowners in 17 states with high foreclosure and unemployment rates including california, oregon and nevada can get up to $50,000 with no interest loans. the app that picks up your whereabouts when you go to special force the stores that are there. best buy and macy's are already part of the plan. at the new york stock exchange, i'm jane king with the bloomberg business report. >> we have an important warning this morning about inflatable bounce houses which are popular with young children. the center for environmental health says its testing found lead levels in the vinyl as much as 96 times above federal guidelines. lead slows the brain development of children. >> you're having a bounce house party, just make sure the

children wash their hands before they eat or drink. >> the state attorney general's office is suing eight makers and suppliers of bounce houses demanding they stop selling the contaminated materials. they're taking the house that tested high in lead off the market. >> more low emission vehicles may soon be used in california's carpool lanes under a bill headed to governor schwarzenegger's desk. the measure approved by the state senate yesterday gives the latest generation of hybrid and alternative fuel vehicle access to the lanes during commute hours. the bill allows solo drivers and yellow sticker hybrids to continue using carpool lanes through next june. that privilege was set to expire at the ends of the year. the measure was sponsored by a san francisco state senator. >> ahead on abc 7 news at 6:00, why your emotion may keep you from getting pregnant.

>> the big effect of the so-called super bowl of surfing. pitting surfer against surfer. >> live in san francisco we're talking about bart here coming talking about bart here coming upon an unexpected

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