transit and the contract that's overturned. also, "national night out," how people will be coming together tonight in their neighborhoods to fight crime. >> and there's a new survey out. it's the one that a lot of people wait for every year. it's which colleges are ranked the top party school. >> yeah. >> did you go to one of those? >> yes, i had a wonderful college experience. >> the university of alabama was ranked number one when i was there and we deserved it. >> as soon as you were graduated they dropped in ranking. >> it took me a couple of extra years to figure it out but it was a good time. >> i have a major thoroughfare closure in petaluma because of a water main break that started last night around 8:40. police had to shut down both directions of north petaluma boulevard north between western avenue and east washington street. apparently this water main

break pushed asphalt up into mounds in the road according to the fire department so they are trying to figure out the possibility of sinkholes in the area. police are on scene while repairs continue. petaluma boulevard north between east washington street and western avenue. one way traffic control in san jose. ongoing paving until august 8 when it will be wrapped up on 92. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. more fog well along the coastline, plenty of fog well into the bay. and also low clouds inland, even some drizzle this morning for the coast and the bay. this morning, heading out the door a lot like yesterday morning heading into the afternoon a lot like yesterday afternoon with plenty of sunshine expected with temperatures slightly warmer. today's highs near 90 inland,

mid-60s around the bay, lower 60s for the coast. we'll cool down wednesday and temperatures are still below normal thursday, friday, saturday, sunday and monday. and i don't know if you guys know this but we came out with a climatology report that said that july this previous july, it was the coolest since 1971. >> i believe it. >> everybody saying it's cold outside. >> it was too cold. everybody is wondering where summer is. >> it's coming. >> thank you. back to you guys. >> thank you. topping our morning show, a.c. transit drivers are celebrating a court victory in their contract dispute with management. anne makovec reports from oakland where the ruling may mean more drivers will show up for work reporter: riders breathing a temporary sigh of relief because a.c. transit says there just isn't the money there to sustain the schedule they have been used to. the ruling from yesterday means that the interim contract that

had the drivers union so upset is being thrown out for now and that the bus routes and driver schedules should return to normal at least temporarily starting in one week august 10. i say temporarily because a.c. transit says they cannot afford to keep it that way. it's already $16 million in the red. so more service reductions will begin on august 29th. over 7% of existing bus routes will be affected stopping less frequently. a.c. transit may also eliminate all weekend bus service. the board might appeal that but they won't decide until their next scheduled meeting august 18. >> they didn't make any decision with regard to pursuing the litigation. i have to say that i think the board is suffering at this point from litigation fatigue. >> they must take us back to status quo and wait for neutral arbitrator to decide. >> reporter: that union rep just mentioned an arbitrator and that's where a decision on

the drivers' next contract is supposed to come from. the two sides have been battling that out for three months. so a neutral party should certainly be helpful when it comes to that. but the district says that it is on the brink of bankruptcy, so it looks like either way, riders should be expecting some sort of schedule changes. hopefully they would be more planned schedule changes than what we have seen in the past couple of weeks due to the quote, unquote sickout which the agency alleges but the bus driver union continues to deny. >> anne makovec in oakland, anne, thank you. muni operators in san francisco are getting a 6% raise. the "chronicle" reports the pay increase will be more than $15 million during the current fiscal year after overtime pay is actually factored in. while muni operators are getting a raise, all other city workers are taking a pay cut, something they agreed to do to help balance the city's budget. muni drivers have a special

provision in the city charter. they are guaranteed wages no less than the average of the two transit agencies in the nation that pay the most. negotiators for the city of san jose and its firefighters union plan to meet tomorrow afternoon. they will be discussing the union's latest proposal in hopes of getting some laid off firefighters back to work. 49 lost their jobs last week. the union's latest offer includes' two tiered retirement pay structure in which benefits would different for newly hired firefighters. but the firefighters pay reduction offer remains at 5.25% and city officials have been calling for a 10% salary concession from all city workers to avoid layoffs. a cal undergrad was killed in pakistan's deadliest plane crash. the 19-year-old was flying to islamabad to play in a soccer championship. she was a native of pakistan on cal's crew team and she was to begin her sophomore year in the

fall. that plane crash was last wednesday. all 152 people on board died when it went down in stormy weather. decoding of the flight recorders that were found could take weeks. a man is expected back in court today in connection with a hostage ordeal at children's hospital in oakland. he was charged yesterday with 5 felonies. hospital employees said the oakland man appeared disturbed and disoriented when entered the emergency room friday morning. investigators say he grabbed a hospital worker and briefly held her at gunpoint before police subdued him. no one was injured. if convicted, he could face up to 70 years in prison. dancing in redwood city, city hall speeches in oakland, a parade in east palo alto, they are all part of "national night out." there are going to be hundreds of block parties around the bay

area tonight. the first tuesday in august is the annual "national night out." it started 27 years ago to get people together with their neighbors to fight crime. dozens of neighborhoods all over the bay area will have their own events. many of them will have visits from police officers, firefighters and city officials. 5:07. coming up next, we'll tell you why the airline is suddenly cancelled flights out of all three bay area airports. also, the cadillac escalade features an antitheft ignition system. how it is still the most stolen vehicle in america. smart phone smackdown. which operating system is becoming the favorite? cancelled several flights ,,,,,,

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good morning. expect residual delays here for a while if you are traveling northbound on the golden gate bridge. for the last five minutes they had to hold all northbound traffic to get a big rig turned around. it was only a few minutes but as you can see, traffic is still trying to get by the scene there. we'll have a full look at your morning commute, traffic in 6 minutes. >> see you then and tracy, as well. it is 5:10. one of the largester a carriers between the united states and mexico has cancelled several flights over the past few days. mexicana airlines cancelled flights from san jose, oakland, san francisco, sacramento and los angeles. mexicana says operational needs forced the airline to suspend flights. and the airline was working to rebook passengers. it was last week mexicana executive met to discuss the airline's financial problems and the possibility of filing for bankruptcy. lots of horsepower, chrome and luxury and that's apparently what attracts car

thieves. they are stealing those cars and leaving family cars alone. this year, the cadillac escalade suv is the most stolen vehicle in america. escalades have antitheft ignition systems but that doesn't keep thieves from hauling them that way on flatbed trucks. the highway loss data institute satisfies one in every 100 escalades is stolen. next is the ford f250 crew cab pickup. >> huh? >> then the two-door infiniti g37? >> the dodge charger and then the chevy corvette. the least likely to be stolen, family cars like the toyota siena minivan. in the battle for smart phones, customers, google's android is closing in on blackberry as the best selling operating system in the united states. according to the nielsen company, android's share of new subscribers was just 6% behind blackberry's 33 percentage in

the 2nd quarter. and during the same period, android surpassed apple's iphone in u.s. sales. but that doesn't reflect the full impact of the iphone 4, which went on sale in june. so of course, that leads to our next question of the day, which would be -- >> which smart phone do you prefer? the blackberry, android or iphone? send your replies to mornings@cbs5.com, facebook and twitter. >> i just got the iphone as a gift. >> you have the -- >> i have the droid. i like it a lot because of the google -- it's all based on google. you can sit at dinner and go what's that? let me look it up. >> nice. >> completely rude at the table. the results are in. number one party school in america is coming up. >> you kno what? transitioning out of that, i

have the blackberry, but i like the droid. i think you'll like the forecast. cloudy right now, drizzle at the coast and the bay. our poor transamerica pyramid, you can barely make it out. we'll look at today's temperatures. you will be able to make that out. that's coming right up. ,,,,,,,,,,,,

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good morning. we have a major intersection shut down. it's all lanes of petaluma boulevard north. the water main break was reported last night. but it started pushing asphalt on the roads. so crews are still out there trying to make sure there are no sinkholes in the area. that section of petaluma boulevard north completely shut down this morning. hopefully they will re-open in team for the bulk of the morning commute but for right now it's closed. crews are on scene. if you are continuing down towards the golden gate bridge, for a while there was an interesting scene. you couldn't see any northbound traffic in the camera because it was completely being held close to doyle drive. they have been doing a lot of construction on the bridge and it may have been a construction truck that they had to turn and the and get off the span. but right now looks like they are doing the lane changes and north- and southbound traffic

is moving along just fine. new accident reported against the commute direction east bound 80 at willow. so far no delay to traffic. if you are commuting westbound 80 off the carquinez bridge out of vallejo, nice steady flow of traffic across the span. it actually looks good through hercules all the way into pinot. remember our radio partners, kcbs 740-am and 106.9-fm. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. you know, every time you say the word hercules -- [ laughter ] >> hercules. >> i think about everyone sitting around that table. it's amazing the power of a movie. here's the daily planner. how about the power of clouds at least to start the day? areas of low clouds inland, for the bay and the coast, with drizzle expected. a lot like what you had yesterday, the same time, temperatures in the lower to the mid to the upper 50s. later on this afternoon, a lot like what you enjoyed yesterday. sunshine, mild to warm temperatures in the mid-70s to

the lower 50s. mix of sun and clouds around the bay with a daytime high in the mid-70s. lingering clouds of fog at the coast with a daytime high in the lower 60s. we are coming off of the coolest july since 1971. so what does august have in store? let's take a look. the first week of august: we are going to be one or two degrees warmer than yesterday. 78 in santa clara, 78 sunnyvale, 81 cupertino, 75 los altos. half moon bay was 70 yesterday.

mid-70s in union city. mid-70s in fremont. sometimes you get a break in the clouds to warm things up before the sea breeze comes in. lower 90s in danville, 64 berkeley, 67 in oakland and alameda. north bay locations near 80 in sonoma and napa, 75 in kentfield, lower to the mid-60s in san francisco and sausalito. so we are moving into the first week in august. what's in store? how about below normal temperatures? near 90 today. but by thursday and friday, the lower 80s. we fall almost 10 degrees with your temperatures inland. temperatures don't fall as much around the bay because of the ocean and the maritime influence. we'll go from the mid-60s to the lower 60s. but along the coastline you will see the upper 50s moving in. so cooler than average july and the first week of august will also be cooler than normal as well. that's a look at your weather. back up to you. here's a check of today's

top stories. fewer a.c. transit drivers are expected to call in sick today. an alameda county judge rejected the contract imposed on drivers by a.c. transit. an arbitrator will help work out a new contract bp engineers plan to test the blowout preventer in the gulf of mexico to see if it can handle the process of sealing the well. if that works today, they plan to pump the well full of heavy mud and then concrete. the u.s. senate is beginning debate on elena kagan's nomination to the supreme court. a vote is expected before the end of the week and it appears president obama's nominee will be confirmed. kagan would succeed justice john paul stevens who retired in june. it's 5:20. the university of georgia has won a national title. it is top party school in the country. georgia beat out ohio university as well as penn state, west virginia and mississippi.

locally,uc santa barbara came in 8th. the princeton review put out the results yesterday. it surveyed 122,000 students at 370 colleges. not exactly a distinction you would like to have if you are an administrator. the rankings take into account alcohol and drug use, hours spent studying and popularity of fraternities and sororities. still to come, the next step in getting the new transbay terminal in san francisco. we'll tell you how this one differs from the one that's about to be torn down. "temporary" transbay terminal ,,,,,,,,,,

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it is going to be another nice day around the bay area. for the coast, though, more fog and low clouds expected. pacifica today lower 60s. san francisco 63. pier 39 got the sea lions basking in the sunshine. let's hope they are out there today. 88 in san ramon with nothing but sunshine. 91 in antioch. we are cooling down. we have the seven-day forecast

coming up. >> good deal. great picture. can almost smell it. the open house today for a new temporary transbay terminal in san francisco. the $18 million terminal will operate for the next seven years while the new permanent terminal is built. it's bare bones, not really a terminal just a one block lot with signs to shelter commuters from the elements but it has advantages over the old terminal. >> we have a clean well lit facility, full time security manager and security 24/7 and realtime signage. so we have tried to add new functions. >> the new facility is at howard and main street. today's open house is at 4:00 to show commuters how to use the terminal.

it opens for business on saturday. guilty as charged, your honor, the guilty plea charlie sheen gave in court. he is not going to jail. he pled guilty to assault during an argument with his wife on christmas day. he pulled a knife on her, didn't he? the 2 1/2 men star was sentenced to 30 days in rehab, 30 days of probation, ordered to take anger management classes, as well. he already spent time in rehab this year which could be credited towards his sentence. >> mitch miller the orchestra leader who ask americans to sing along with mitch has died. he hosted a tv show in 1961. his style became famous. erier it was an influential record executive launching the careers of tony bennett and rosemary clooney among others. >> i think it was mercury records back then.

interesting. did you ever -- no, you're not old enough. anyway, miller's arrangements of standards and folk favorites were embraced by people who did not care for early rock and roll. mitch miller was 99. he had a great -- he just sang the classics and they had the words you could sing along with down on the bottom of the screen. and it was all in black and white, if i recall. >> we do that now. >> karaoke. >> that's true, exactly. it is 5:27. coming up in our next half hour, the doomsday shelter, why it's suddenly making a comeback. i'm tara mergener in washington. an end to the oil crisis in the gulf may be near but bp's problems are far from over. the latest coming up. and the a.c. transit bus drivers got what they wanted. but does that mean bus service will return to normal? not so fast. we'll tell you what's next for the bus system coming up. ,,,,,,

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an earthquake in eastern indonesia magn good morning. it is tuesday, the 3rd of august. just checking the wires here and we are getting word out of jakarta that there's been a 6.5 earthquake that hit eastern indonesia. that's all that's being reported. we'll let you know more.

elizabeth wenger has traffic. >> good morning. overall things look pretty good. we have a live picture along the peninsula. this is 101 in palo alto near embarcadero road. those headlights are traffic southbound, taillights northbound. it looks good along the peninsula on 101 and 280 so thank you to our photographer out there. to the maps we have had one accident so far reported this morning against the commute and so far i have been watching not really seeing any big delays eastbound 80 at willow it's been hercules, not really impacting westbound 80 either. bay bridge toll plaza no metering lights, no delay, construction picked up at 5a there was a stall reported on the lower deck but that's gone and mass transit is all running on time. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. our forecast for today on par with yesterday. clouds along the coastline, some sunshine around the bay, but temperatures still trending below average for the bay. lower 60s in san francisco, 62 degrees in half moon bay, 67 in

oakland, still cooler than average in santa clara and san jose. both near 80 degrees. now well out in the east bay just a couple degrees off the mark. lower 90s in antioch and pleasanton, near 90 in fairfield and near 80 in sonoma and santa rosa. 102 redding, plenty of sunshine. 96 in sacramento. 101 down in the valley in fresno. 96 in yosemite. 83 lake tahoe. morning fog for monterey but that will clear out and we'll be left with sunshine and a few clouds with highs in the mid- 60s. 96 ukiah and morning fog in eureka with a daytime high of 58 degrees. today we are close to normal for many cities well inland. put we will cool down yet again as early as tomorrow. and it will take over the bulk of the workweek, those cooler- than-average temperatures. that's a look at your weather. back up to you.

the bus drivers win, that's the ruling in alameda county court in a contract dispute between a.c. transit and its drivers. anne makovec is in oakland to explain, we aren't exactly sure what's going to happen now, are we? >> reporter: that is right. the drivers say we can expect things to return to normal but that court injunction that they won doesn't take effect until one week from today. still, the drivers union is celebrating a victory. [ chanting ] >> reporter: the ruling means that the interim contract that had the drivers union so upset is being thrown out for now and that the bus routes and driver schedules should return to normal. but a.c. transit says it can't afford to keep it that way. it's $16million in the red so more service reductions begin august 29, over 7% of existing bus routes will be affected stopping less frequently. and a.c. transit may also eliminate all

weekend bus service. riders can expect further disruptions but they will get a temporary reprieve from this. >> i have had to wait extensively like on the 40 after 40 minutes i get out to the 57 have to wait an extra 40 minutes and many times the buses don't come. they are punishing the people. >> reporter: now, board might appeal this injunction. but they will not decide until their next scheduled meeting. that is august 18. and the union rep that we spoke with mentioned that there's going to be an arbitration going on, that is where a decision on the drivers' next contract is supposed to come from. so more changes can be expected. this fight is certainly not over. the injunction will be in place one week from today but the drivers say we can expect normalcy starting today west interesting because they say that contract that was imposed on them was too difficult for them to manage and that's why so many drivers were calling in

sick. so they are able to now do it for the next week even though the contract doesn't change. do you follow me here, john? >> you're asking too many questions, anne. >> reporter: that's my job. >> you got it. anne makovec in oakland this morning. also, negotiators for the city of san jose and its firefighters union plan to meet tomorrow afternoon. they will be discussing the union's latest proposal in hopes getting some laid-off firefighters back to work. 49 lost their jobs last week. the union's latest offer includes' two tier retirement pay structure in which benefits would differ for newly hired firefighters. but the firefighters pay reduction offer remains at 5.25%. the city officials have been calling for 10% salary concessions from all city workers in order to avoid layoffs. time now 5:35. the search is on for a backpacker missing in the sierra nevada. 21-year-old adam johnson from santa barbara was hiking with his father and a friend near

the humphries lake area. they split up last thursday but agreed to meet later at a specific location. when johnson didn't show up he was reported missing. he reportedly has enough food, water and supplies to last for about five days. a cal undergrad was among those killed in pakistan's deadliest plane crash. 19-year-old misha dawood was flying to islamabad to play in a soccer championship. she was a native of pakistan. she was on cal's crew team. and she was to start her sophomore year in the fall. and the plane crash was last wednesday. all 152 people on board died when the plane went down in stormy weather. recovery workers found the aircraft's flight recorders over the weekend. the decoding could take a few weeks. a man is expected back in court today in connection with a hospital ordeal at children's hospital oakland. he was charged yesterday with five felonies.

hospital employees say the man appeared disturbed and disoriented when he entered the emergency room friday morning. investigators say he grabbed a hospital worker and held her at gunpoint before police arrested him. no one was injured. if convicted he could face up to 70 years in prison. 5:37. the san jose city council face a pretty long session today. it's first of the fiscal year. it's also the last day to get measures on the november ballot. and councilmembers have several to consider. one would allow less expensive pension plans for newly hired city workers. another would end or limit binding arbitration for police and fire unions when they and the city cannot agree on contracts. and there are two proposed tax measures. one would raise the city's sales tax by a quarter cent. the other would put a 10% tax on medical marijuana. republican meg whitman approaching the $100 million

mark in campaign spending. republican nominee spending report says her campaign spent $99 million including $71 million for her hotly contested june primary race. her democratic opponent jerry brown spent just $450,000. he had no major competition in the primary. brown does have $23 million on hand, whitman has $10.3 million. she has already put $91 million of her own money into the campaign. the latest poll by the public policy institute of california shows brown leading 37 to 34%. the u.s. senate is expected to vote by the end of the week on whether to confirm supreme court nominee kagan. it appears there will be enough votes for kagan. president obama's choice to replace justice john paul stevens who retired in june. almost all senate democrats and some republicans are expected to vote in favor of the former harvard law school dean. republican critics are concerned about her lack of

experience as a judge and her liberal political views. her supporters say she is the right person to help bring consensus to the high court. and congresswoman maxine waters says she hasn't violated any house rules. the southern california democrat is facing a house trial this fall on three charges of ethical wrongdoing. the charges focus on whether she broke any rules in requesting federal help for a bank in which her husband owned stock. an eight-member subcommittee four democrats and four republicans will conduct the trial. live pictures now from the gulf where bp is going to run a test on the blown-out well. tara mergener reports the government just revealed how bad the accident was reporter: the disaster in the gulf is officially the worst accidental oil spill in history. according to new federal

estimates, nearly 5 million barrels, or about 206 million gallons of crude, gushed from the ruptured well before it was capped 19 days ago. >> i think everybody would like to have this thing ended as soon as possible. >> reporter: today bp plans to test the procedure it hopes will permanently seal the well. tests of the static kill were postponed monday after crews discovered a small hydraulic leak. if all goes according to plan today, engineers could slowly start pumping heavy mud and cement into the well to plug it. >> i don't think we can see this as the end all be all until we get the relief wells done. >> reporter: even when it's sealed for good bp's problems are far from over. according to published reports, the securities and exchange commission is now investigating the company for possible insider trading. officials are reportedly looking into whether anyone profited illegally by using information about the spill the public didn't have access to. bp got some good news monday. a new study shows chemical

dispersants used to break up the oil are no more toxic to sea life than the oil itself but with the long-term effects still unknown local officials want more assurances. >> we have to look you fishermen in the eye and say, the federal government is committed to making sure you get your life back. >> reporter: they are calling for testing for safety of the seafood for years to come. tara mergener cbs 5. 5:41. coming up next, toyota, we have a problem. >> and another demonstration supporting bay area law enforcement. we'll hear from the father of johannes mehserle. ,,,,,,

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and invest in new technologies. because everyone has a story. and our story is you. - we can be boys... - cowboys. i can run again. they gave me a new heart. i am so happy to be alive. they gave me a new heart. 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. good morning. we have a couple of accidents just coming into our newsroom. one reported westbound 580 coming out of the altamont pass near north flynn. that may be blocking lanes.

and then we are also getting word of this one on the orinda side of the caldecott tunnel in the commute direction, westbound 24. chp is heading to the scene. you can see all lanes at the macarthur maze still looking good and no delay as you approach the toll plaza. so we'll continue to watch those two accidents. petaluma a major thoroughfare is still shut down in that area because of a water main break that was first property around 8:40 last night. it sent tons of asphalt on the road. they have closed that stretch petaluma boulevard north between east washington street and western avenue. they are making sure there are no sinkholes in the area, doing some repairs to the infrastructure. that road is still shut down for the morning commute. 101 through mill valley, looks good towards the golden gate bridge. drizzly out there so harder to see our traffic shot but this

is southbound towards the waldo grade and the golden gate bridge. still 22 minutes from novato into san francisco. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. our forecast for this morning, yeah, we got some drizzle out there especially at the coast and around the bay. inland this morning, partly cloudy with areas of low clouds and how about your temperatures? the lower to the mid-50s along the coast to the upper 50s around the bay and to the lower and mid 50s inland. this afternoon, right on time, more sunshine moving in. inland today's highs near 90 degrees. mix of sun and clouds around the bay up to the mid-70s. and to the lower 60s along the coast with some lingering clouds and some patchy fog. well, we're coming off of a very cool july. the coolest july since 1971. we are now moving into august. i thought we would take a look at today's temperatures and give you an idea of what this week has in store. and it will continue to be temperatures that are close to normal for some of you. livermore would be one of those

location, 90 is typical, today 88. just two degrees off the mark. san jose 84. your average daytime high. today 79. so five degrees cooler than average. santa rosa 4 degrees cooler and san francisco normally near 70 degrees, today closer to 60. mountain view at 74. 75 in palo alto. 73 in san mateo. just near 60 along the coastline. and the farther inland you go you can see temperatures up to near 90 in morgan hill. speaking of the 90s, well out in the east bay 91 in antioch and brentwood. 90 in danville. 88 san ramon. 87 in walnut creek. and temperatures cool down about 10 degrees once you get closer to the bay with 67 in oakland and alameda. 68 in san leandro. san francisco another cool day, lower 60s as well as in sausalito. mid-70s in kentfield and san rafael and just near 80 in

napa, sonoma, petaluma and santa rosa. seven-day forecast, today things close to normal inland. we are cooling down tomorrow. below normal again around midweek with temperatures falling almost 10 degrees inland to the lower 80s. temperatures in the lower 60s around the bay and the upper 50s for the coastline. so the month of august will also start off to a cooler-than- average start as far as your temperatures are concerned. that's a look at your weather. back up to you. >> thank you. it's 5:47. some of the stories we're following right now. a.c. transit directors plan to decide later on this month whether to appeal a court of ruling against the contract that was imposed on bus drivers. an arbitrator will work with the two sides on a new contract. negotiators for the city of san jose and its firefighters union plan to meet tomorrow afternoon. they will be discussing the union's latest proposal in hopes of getting some laid-off firefighters back to work.

49 lost their jobs last week. and the u.s. senate beginning debate on elena kagan's nomination to the supreme court. a vote is expected at the end of the week and she is expected to be confirmed. she would succeed justice john paul stevens, who retired in june. another demonstration in support of former bart police officer johannes mehserle. a small crowd gathered in san jose yesterday much smaller than the rally that drew a large counter-protest in walnut creek recently. the crowd said it want to show its support for bay area law enforcement. among those in the crowd, the father of johannes mehserle. >> outs here today of course we are supporting all law enforcement officers and the dangerous job they do. certainly supporting my son. and and, you know, it's a peaceful protest.

that he was wrongly convicted of the charges. and we hope to see that change when november comes around. >> mehserle's father says his son is doing as well as anyone would under the circumstances. new legal documents accuse automaker toyota of knowing about sudden acceleration incidents as early as 2003. the documents filed yesterday connected to two lawsuits against toyota. the company released a statement saying it looks forward to defending itself against these allegations. hundreds of lawsuits have been filed against toyota since the company began recalling millions of vehicles for acceleration or brake problems. it is 5:49. still to come, some of your answers to our question of the day. >> and some say the end of the world is two years away. we'll look at -- [ laughter ] >> we'll look at a southern california man's design for a doomsday shelter.

several people will swim the we know everyone's looking for ways to save. why not save on car insurance? [ coin drops ] [ high-pitched voice ] thanks. [ normal voice ] you're welcome. get a free quote at progressive.com.

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welcome back. a view of the golden gate bridge. see some of the residual fog around. traffic not bad. tracy and elizabeth coming up in a few seconds. several people will be swimming the lengt of the golden gate bridge to raise awareness and

money against pollution. one plans to swim it in handcuffs. >> okay. >> who knew. >> in the process they are raising $10,000 for the san francisco baykeeper. that's a nonprofit organization that works to fight pollution in the bay. >> we are raise aguirreness today. doomsday -- do you ha a doomsdayy shelter? >> no. >> they are making a comeback. >> a company based in southern california has renovated a shelter in the desert originally built during the cold war. some people say the end of the world is outlined in the mayan calendar as 2012. so mark that down. but the shelter is also playing to concerns about terrorism, nuclear explosions or earthquakes. check this out. >> it's not about 2012.

this is about a long-term solution for if and when the need arises so this is something where you prepare in the future. better to be prepared than sorry. >> so the shelter includes a hospital, movie theater, it can hold 132 people for up to a year. >> who is going to be making movies if the world ends? >> you watch the oldies but goodies favorites. >> it comes with a fee. $50,000 per adult and half that amount for a child. the owner hopes to build 20 doomsday shelters around the united states. >> he only has two years to do it. he better get cracking. [ laughter ] >> geez. >> he says this is not about 2012. no, it's about me making money. that's what it is. >> you think? >> yeah. there is some fierce competent testing going on right now for smart phone customers. three companies are battling out, that's the topic for our question of the day. which smart phone do you prefer, blackberry,

android or iphone? blackberry all the way! >> i have the iphone, not the iphone 4. you have as you call it droid. >> droid. >> and i have the blackberry. >> i have the very fancy samsung rogue. >> nice. >> the fanciest phone i have ever owned. >> is it a flip phone? >> it has the keyboard that comes out of it. >> i need that. >> you need the keyboard? >> yes. >> my last one didn't have one. >> i have fat finger syndrome. >> most guys have that. >> problems. >> so things clear in petaluma or what? >> no -- yeah, that intersection is still shut down, section of petaluma

boulevard north but we have a couple of other things going on, as well. let's see. out to the altamont pass, there was an accident reported at north flynn. now, another caller reported this as a stall. we are not sure what exactly is going on there but it sounds like one lane is blocked and there is some slowing on our sensors so we are watching that problem as well as if you are commuting eastbound 80 towards the carquinez bridge. at the toll plaza there was an accident and a truck damaged one of the tollbooths so everything is on the shoulder but that could cause a delay approaching the pay gates. right now everything is clear across the span heading out of vallejo. and we are still watching this one, as well. westbound 24 on the orinda side of the caldecott tunnel, a car struck the center divide. so far, no delay to traffic. but yeah, lots of little problems out there. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. our forecast for this morning, more clouds expected the first half of the day and midday plenty of clearing inland. today's highs near 90. mix of sun and clouds around the bay with a daytime high in

the mid-60s and low clouds at the coast with highs in the lower 60s. the rest of the workweek cooling down. from the 90s to the 80s, not so much a shift around the bay and the coast but temperatures below normal. here's a look at our mypix photo: you definitely need a tripod for that one. if you have a nice photo, feel free to go to cbs5.com/connect. >> that's a nice picture. >> you have to be patient to get something like that. >> do you. >> steady as a rock. >> tripod. coming up in our next half hour, empty jail cells in san francisco. >> why there are hundreds of fewer inmates in city detention centers. a key court ruling in the a.c. transit debate. so a lot of folks hoping for a better commute this morning.

but it isn't over until it's over. and it isn't over. we'll have the report coming up. ,,,,,,,,