possession of small amounts of marijuana. and police offer an explanation for why an officer shot and killed a family dog while responding to a burglary call. ask disturbing new details in a couple accused of holding a woman captive. good evening, it's friday, october 1st there. is bay area news at 7:00. a new law signed by governor arnold schwarzenegger late last night essentially deidealizing small amounts of possession of marijuana in california. it's designed to save millions during a budget crisis. we are live from san francisco to explain. >> reporter: the new law means anyone caught with an ounce or less of marijuana could face an infraction similar to a parking

ticket or running a red light and supporters say that this could mean fewer lower level drug cases in the county courts. the leaguization of marijuana is already a cloudy political issue. and now a new law is cutting through the haze. governor arnold schwarzenegger signed senate bill 1449 late yesterday. it reduces the crime for anyone caught with an ounce or less of marijuana from a misdemeanor to an infraction. >> it will free up the jail spaces for the people that really need to be there. >> i guess it's a good idea, everybody got weed anyway. so many people getting caught with it, i guess cuts down on the work they got to do. >> reporter: officers made more than 61,000 arrest last year for misdemeanors. the state senator of san francisco authored the bill and says the new law will prevent low level drug cases from clogging up the court and allows judges and law enforcement officers to focus

on more serious crimes, therefore saving money. >> there will be millions and millions of dollars saved specifically at the county level. >> reporter: previously, offenders faced arrest, a possible criminal record and a maximum fine of $100. and now with an infraction, the fine will remain the same, but it will be the same as traffic or parking tickets. the law was opposed by most republican lawmakers and others concerned that marijuana users might stop receiving state- funded drug treatment. the california's district attorney's association and the police chief association support the new law. >> the process is very much the same, except the officers won't be writing a police report anymore. >> reporter: the new law is set to take effect if a prmarijuana california. another bill governor

arnold schwarzenegger signed yesterday affects thousands of young children and their families. in 2014, children have to be five years old on september 1st to enter kindergarten. currently, the cut-off is december 2nd. it will be phased in one month at the time starting in 2012. it will save the state about $700 million annually. in the south bay, the crack down on illegal operations hiding behind legitimate medical marijuana businesses. today officers showed some of the 25 pounds of marijuana and numerous weapons seized in yesterday's sting. undercover officers called medical marijuana delivery services and delivery drivers who sold pot without asking for cards were arrested. 22 people in all are behind bars and hundreds of plants were taken. and now oakland, police have arrested a woman in the apparent beating of her 2-year-

old daughter. police responded to a call of a woman screaming in front of her home this afternoon. officers said the woman aperiod to be under the influence. police went inside the home where they found the toddler. she was take on the the hospital with facial injuries. the 34-year-old mother is under arrest. oakland police are under a storm of scrutiny for the way officers handsed a burglary call this week. an officer responding to that alarm shot and killed the family and it left a note on the door. today, police tried to explain why protocols took a backseat to safety concerns. >> our plan is to put it right back here in the corner. >> reporter: she and her son are looking at that time spot they have picked out to bury the remains of their 11-year- old dog. here's a look at recent home video of the pet. >> i picked her out myself when i was 4 years old. so i mean, it's, it's like

missing a major part of yourself. it really is like losing a family member. >> reporter: oakland police tell us that the sergeant who shot and killed the dog is a veteran officer with a decade on the force. >> it just seemed excessive for an old family dog. >> reporter: police policy is to first try pepper spray or tazer before firing the gun. in this case, he already had his gun out, believing there was a burglar in the house and when the dog charged him, he tried to back away. >> when you have to make split decisions, it's unrealistic of the officers switch and pull out pepper spray or a tazer. that just increases the time the officer could have been injured. >> i'm not angry at the police department. putting myself in the police officer's shoe, i'm sure i would have been just as frightened. >> reporter: several people have offered the family a new

puppy. but the family says they're not ready to take that step quite yet. in oakland, ktvu, channel 2 news. disturbing new charges against a couple accused of raping and imprisoning her for 18 years. the grand jury indictment alleges that the two video taped sex acts with the victim along with kidnapping, rape and false imprisonment charges. she entered a plea of not guilty in court today. and he did not enter a plea pending a psychological evaluation. >> we feel strongly that he is in fact competent and, but we have to take it through the steps. >> the grand jury transcript has been sealed and the couple is due back in court n ovember 4th. a county superior court judge today refused to make an immediate ruling on a change of venue request. attorneys for the suspects asked the judge for an

exapproximate indicted ruling so they could appeal if said no. they want the trial moved out of the bay area. the judge said he would not rule on the request until after he sees how jury selection goes. defense attorneys say they'll appeal today's decision. there are lingering questions tonight about what sparked an early morning fire at a school. the two-alarm fire was reported at 1:30 a.m. and it damaged the kitchen and cafetiereia at the high school on valley view road. investigators say they found residue from fire extinguishers inside the kitchen that indicate someone tried to put out the blaze. with construction underway on a new campus next door, the school says it may not be rebuilt. the former plant is now being prepped to build electric cars. there was a ceremony as they officially took over the plant today. it plans to build its four-door model s sedan there.

about 40 people work at the plant now and expects to eventually employee about 1,000 workers. about 4700 people lost their job when is toyota ended production in april. they are set to square off tomorrow morning in their city council debate. the canidates are scheduled to face off with the debate to be televised statewide by spanish television network. one of the hot topics will be the revelation that her former house keeper is in the country illegally and whether the brown campaign played in role in her story going public. about two dozen women, many of them spanish speaking housekeepers and rail lis rallied. the speakers say the situation highlights the state's need for domestic workers bill of rights. white house chief of staff rahm emanuel resigned his post

today, but he did not confirm reports that he plans to run for the mayor of chicago. president barack obama gave him a formal send off this morning praising his work. rahm emanuel choked up as he described his family's background and desire to give back to the community. >> they came here for a better life for their children. my mother marched with martin luther king because she believed that none of sus truly free -- none of us are truly free until all of us are. >> leaders said it amounted to a presidential endorsement. peter rouse has been named interim chief of staff. vice president joe biden visited california today. we spotted secret service agents in oakland, but never caught site of biden himself. he attended a private campaign

event before heading down to orange county to attend a fund raiser for senator boxer. breaking news about the budget. we have that for you coming up. also, a milestone reached today for the first time, crews can literally see light at the end of the tunnel. the cooling trend continues to top bay area headlines. the coolest day in your weekend foreca ring ring ring ring. hey, your chicken noodles ringing.

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we just received word that california's leaders reached a budget agreement. governor arnold schwarzenegger tweeted, we reached an agreement and there will be a vote on the budget thursday. the tweet comes with a link to

a picture showing the so-called big five putting their hands together. we will have more for you however, the cash crunch continues. today the state delayed $2.5 billion in education payments to cover debt service bills due today. california paid $800 million to bond holders. the directer of finance says missing a payment to bondholders could hurt california's credit rating and have lasting impacts for the finances. a study says that convergence of three ocean climate conditions could produce drought in the coming year in the upper part of the river. that's the colorado river. the study says there's a 75% chance of below normal rain fall this winter in the basin. and it says this is the first time in more than four decades

that these climate conditions have converged. a video game maker says sit removing the option of playing as a taliban soldier in its latest war game. electronic arts came under pressure as military personnel and family who is condemn the notion of players of taliban pretending to shoot u.s. sold yes, sir. the game maker says those players will be known as the opposing force. the game is set for release october 12th. it's a landmark day in the construction of a tunnel. today work crews at last pierced the other side of the mountain. we look at what's next. >> reporter: like a mechanical bull, excavators finished a three-year yourny on the coast

this afternoon. in a year, this will be the northbound tunnel of highway 5 bypassing devil's slide. the local tunnel advocate, today is a campaign she started in the early 1970s. >> i have been involved in this battle since then. and it's very exciting to see this solution that everybody loves. >> reporter: by the time both tunnels are actually dugout, they'll have removed the same as almost 6,000 semitractor trailer double dump trucks or the weight of 400 fully loaded 747s. and they'll stop the l.a.p.d. slides that have destabilized the coast side economy along a tourist route. >> louing the tourist to come to the coast safely and get the benefit of the views that our beautiful california has. >> reporter: the tunnel will be dedicated to a locally beloved

congressman who championed this project for decades. regulators have determined what caused the so-called flash crash last may that sent stocks tumbling dangerously in mere minutes. a report issued today says it was a single sale of $4 billion in futures contracts. a fund based outside of kansas city generated the sale order via computer that touched off a cascade of events that led to the dow falling 1,000 points in less than one-half hour. and it includes that there were no science of intentional market manipulation. jerry brown is taking aim at another mortgage giant asking it to prove that its foreclosures are by the book. they are asking to show that it performed proper reviews before beginning procedures to force out homeowners. last week, brown made a similar brown of gmac. bank of america announced today

it is delaying foreclosures in 23 states, although not here in california, as it examines whether employees signed paper work without verifying the information. some positive news gave wall street a boost. the dow rose 41 points today. nasdaq managed a two-point gain today. some hopeful news from the government which today said the 33 miners trapped in a copper mine should be rescued by the end of the movement they have been trapped underground since august when the mine collapsed. initially it was thought it would go into december. rescuers are in the process of drilling three tunnels to reach the miners. the plan is lift them out one at a time. two of the top teams in the league faced off tonight in our high school football game of the week. now we are live there at the

game. and we're having a bit of a problem bringing him to you live. but he spoke with the coach there. and we're going to bring you that right now. here's the coach talking about the program. >> we have great kids here and we're making progress. you know, we can't look at it in, you know, figuring it out a day at a time, we just have to keep moving forward and getting better. >> let me ask you too, when you have a program like that and offense like that, you can't have dumb kids. >> well, we have really smart kids. the starting defense has three kids with over a 4.0 gpa. kids are our strength here. and what we are doing, we changed a lot and now we're in the second season of trying to absorb all that and take ourselves to the next level. >> reporter: so i have you under five passes for game. would i be right? >> tonight? >> reporter: yeah. >> i don't know. i'll tell you after the game. >> and after that game, you can see highlight coming up on the

10:00 news tonight. well, tonight could also be the night for the san francisco giants. the team is just one win away from its first post-season appearance in seven years. fans exuded confidence. >> it's going to be a done deal tonight. >> this is it. i have been thinking of this all year long. had hopes all year. i have no problem there. is, it's my dream. >> the padres would have to sweep the game to force a one- game play-off. what happened to mc hammer? it's a question you may have heard before. today a popular music festival rolling. and you can catch more of it this weekend. the bay area warm-up may be a memory by tomorrow. details for you you in the forecast. and if there's no tv nearby, watch bay area news at 7:00 on your computer.

we're streaming live on the web at ktvu.com.

the blue grass festival is

liveing to up its name with mc hammer kicking off the party. six stages are set up for the three will have day festival that started today. dozens of performers are scheduled. organizers expect huge crowds to turn out and admission is free. you can find out more about the festival and other events by going to the weekend extra tab at our home page, ktvu.com. if you're headed to the park, bring a jacket. >> definitely bundle up this weekend. notice the cool down today and it's going to continue for saturday and sunday. right now, on the map, i can show you this, top the lower clouds and fog, we have higher clouds to the south and east of the bay area. it will be a factor saturday with partly cloudy skies. but the fog developing coast side, and already surging into the bay. parts of san francisco and heading across the bay bridge. as far as temperatures from today, we cooled off about 4

degrees from yesterday's highs. you can see the rain from around 61. san francisco topped out at 62. and some 80s still out toward fairfield. weather story is this, more fog increasing overnight. temperatures will continue to cool off this weekend. a little bit of a bump in the numbers next week, but no major heat waves in site. the lower 60s for the beaches. 70s and 80s around the bay. temperatures inland tomorrow just barely making it up into the lower 80s, around 81, 82 degrees for tomorrow afternoon. first thing tomorrow morning a a bunch of 50s out there. areas of fog, you see around 50. and san jose starting out saturday morning in the upper 50s. some developments to the south. an area of low pressure drawing in moisture. we have been pick up thunderstorms throughout the day today and they have a possibility for tomorrow. still a chance of a few

scattered thunderstorms across southern california. maybe even approaching santa barbara county. for u we have an area of low pressure moving in from the north and temperatures will cool off this weekend. sunday will be the coolest day with temperatures in the 60s and 70s. the same story for monday and then on tuesday, we begin to warm things up just a few degrees in the long range outlook. the spot forecast, starting out with cloud, 57 degrees. by lunchtime, 67. and afternoon high on track to reach the low to mid-70s around 74 to 75 degrees. first thing tomorrow morning, targeting the fog, coast side and right around the bay. even a few passes inland. temperatures will start out the day, 53 to 58 degrees. partly to mostly sunny, but still fog. and there's the temperature range for tomorrow afternoon. no triple digits new york citys. just low 90s. forecast high, 77.

fairfield around 80. oaklands tops out. san jose, 78. san francisco, definitely bringing the sweater and jacket for tomorrow afternoon, those readings only in the lower 60s. here is a look ahead. the five-day forecast, sunday the coolest day of the weekend, the same story monday with partly cloudy skies. we warm back up tuesday into wednesday. we have to keep an eye on the increase in wind speeds on tuesday and wednesday. >> thank you. a food bank says it will be able to provide more food for the hungry thanks to the new solar power system. second hair vest food bank along with elected officials dedicated the solar ray today. the food bank says it will save enough money on electricity to buy 315 additional pounds of food every day. donations covered most of the $1 million cost. that is our report for

tonight. bay area news at 7:00 returns on monday and our coverage continues online at ktvu.com and with tonight's 10:00 news on ktvu channel 2. tmz is up next right here.