your realtime captioner is linda marie macdonald. caption colorado, l.l.c. well, it is 100 days late but california finally has a budget. after pulling an all-nighter

the legislature approved the spending blueprint early this morning. mark sayre with the story. >> reporter: allen, good afternoon. the governor says that given the economic climate, this budget is a good deal for california. but he says there is still much more work to be done particularly in the area of pension reform. after an all-night session, the state senate finally approved a budget at 7:15 this morning. the assembly passed the plan yesterday, both houses narrowly doing so by a two-thirds majority vote. >> let me tell you something, it's a terrific budget. it was worth fighting for these plastic four months. >> reporter: governor arnold schwarzenegger came here to san jose this morning for one of several news conferences around the state. the budget closes a $19 billion deficit and includes no new taxes or fees. >> i said this budget should not raise taxes. i would never sign a budget

that raises taxes. it reform's california's broken budget system and includes comprehensive pension reform. it is said that politics is all about the art of compromise. and this is exactly what this budget reflects. >> reporter: the state has been without a budget since the new fiscal year began on july 1. but the just-passed budget relies on assumptions including an economic recovery and $5.3 billion in funds that the state hopes to get from the federal government. >> i firmly believe that we have passed the budget that does right by the people of california. we have protected more than 400,000 jobs. and we funded education. we have protected public safety. and we have adopted a plan that won't hurt our fragile economy. >> reporter: now, the governor could sign this budget as soon as tonight just as soon as it gets to his desk.

but he is expected to veto at least $1 billion in spending, although at this point, exactly what is on his target list we simply don't know. mark sayre, live in san jose. allen, back to you. >> thank you. so he called it terrific but he is going to make it more terrific, i guess, by going through with the line-item veto. >> reporter: we'll see what happens. tight-lipped on what he is going to do. >> mark sayre, thank you so much in san jose. good news/bad news on the nation's employment picture for you. the national unemployment rate remains steady, 9.6% last month. private employers added 64,000 jobs in september. however, 77,000 temporary census workers lost their jobs. and local governments laid off another 76,000. analysts say the figures show the economy is still struggling trying to create jobs. and the stock market today, the dow flirting with 11,000 all morning. it's getting support on the belief that the federal reserve will take more steps to help boost the economy. right now, the dow jones industrial average is up a

little more than 55 points at just over 11,000. we'll keep an eye on it. investigators are at the scene of a late-night fire in the east bay. it destroyed a popular restaurant. sharon chin in oakland with reaction from some of the customers this afternoon. sharon. >> reporter: yeah, allen. if you take a look behind me, fire investigators say it appears that the fire started on the left front of the restaurant. the atf is here, someone from the district attorney's arson task force is here. authorities are calling the fire suspicious. >> reporter: tiki tom's restaurant now a burned-out shell on 29th avenue at the foot of the park street bridge. some patrons showed us pictures. they were just there two days ago. >> my son, his high school team had its meet there is. >> definitely not tethered to anything and it is time to back up and get out of here. >> reporter: amateur photographer michael fagan shot

this video after the restaurant erupted in a three-alarm fire last night around 11:00. no one was injured or in the building. a pleasure boat caught fire and floated down the estuary and got stuck on the rocks. the coast guard examined the potential water pollution. alameda county public works officers determined the fire did not damage the bridge. but as for the restaurant that was built in 1969? >> i noticed they were closed yesterday. burnt down today. it was a beautiful building, been here a long time. >> reporter: the blaze was so intense they called in a fire boat that budget cuts had removed from regular service several years ago but maintained for major emergencies. >> just happened to have a marine pilot that was on duty today and officials decided to utilize that boat to get to the areas on the outside that we couldn't get to. >> reporter: investigators are still inside the restaurant trying to determine the exact cause of the fire.

so far, they are calling it suspicious, mostly because when the fire broke out it was closed all chained up. >> the restaurant owned by one person, that boat that we saw on fire that was totally separate owned by someone else? >> reporter: you know, they haven't been able to speak to the owner, but it appears that the same name associated with both the boat and the restaurant. so so far, they think it is the same person even though the boat ended up quite a ways down that was chained close to the restaurant. >> i see. all right, sharon chin in oakland, thank you. well, caltrain passengers are soon going to have to pay more for less service. the board yesterday did approve some money saving proposals. this is an effort to close and almost $2.5 million budget deficit so when the new year begins, fares are going to increase by 25 cents per zone. we give you the trip from san francisco to san jose, that will cost $8.50 now. in addition, trains will run less frequently until the hours between the morning and the afternoon commutes. well, they are calling

today a great day for those trapped miners in chile. why relatives are cheering outside the mine at the arrival mobile hospital units. and a chinese man wins the nobel peace prize for spearheading a campaign to promote freedom. why china is sending an envoy to protest. and this is what fridays are all about. today's weather absolutely gorgeous. going into a nice active weekend across the bay area. we have the giants playing, we have the blue angels, raiders, 49ers and the weather will be beautiful. your forecast for this weekend coming up. jerry brown. who raised the gas tax as governor, and pushed for higher sales taxes? jerry brown. who tried five times to raise property taxes in oakland? jerry brown. who supported higher statewide income taxes? jerry brown. and who says, if elected, he'll ask voters for even more new taxes? jerry brown.

governor jerry brown, again? hide your wallet.

of washington partisanship this is barbara boxer's california. trillions in reckless, wasteful spending. destroying small business. killing jobs. crushing hopes. we can change this, but only if we change the people we send to washington. california cannot afford boxer for six more long years. i'm carly fiorina and i approved this message. today the dr the fda is advising people to stop using the prescription diet drug meridia. today the drugmaker abbott

laboratories decided to take it off the market. tests show it increases the risk of heart attack and stroke in patients with a history of heart disease. the drug has been prescribed for use in the u.s., canada and europe. it appears freedom is near for 33 miners in chile. in just a few days, they could see daylight for the first time in about two months. as charlie d'agata reports, a drill is getting close to breaking into an underground chamber where the miners have been trapped since august. >> reporter: rescuers in chile are inching closer to a breakthrough. there is not long to go now, she says, as she waits for her nephew. [ chanting ] >> reporter: relatives cheered the arrival of mobile hospital units, another sign that the men may be above ground soon. >> we are hoping that we can get contact more or less this saturday. >> reporter: but reaching the 33 trapped miners is only the beginning of the process. rescuers say pulling them out

could take between two and 10 days. first, paramedics will be lowered into the underground chamber to help with the rescue. they will decide which miners are physically and mentally ready to see the light of day for the first time in more than two months. even that's a concern, when the miners are finally hoisted up they will have to wear sunglasses until they get used to daylight again. relatives at camp hope can't wait to get back to life. jessica with finally get the church wedding she has always hoped for. >> i'm waiting for him to come out and put a date on it. >> reporter: loved ones who have been counting up the dates the men were trapped are now counting down the minutes until they're freed. charlie d'agata, cbs news. >> unbelievable. but you know what? some of the miners have actually been running in place trying to lose weight so they can fit through the rescue hole. an imprisoned chinese dissident is the winner of this year's nobel peace prize but

they won't be reading about it in china. the committee announced today the award is going to liu xiaobo. he helped spearhead a campaign for freedom in china and is currently in the first year of an 11-year prison sentence for subversion. the chinese government blacked out the news stories, censors blocked reports of the nobel prize from internet websites. a few hours ago, president obama asked china to release liu from custody. coupons a great way to say money. coming up, we go undercover to show you how target is shortchanging some customers. and he evaded capture in the bay area for weeks. today, surgery to help that sea lion who was shot in the face. >> we have a pretty decent forecast this evening. we do have the giants and the braves yet again. forecast for this evening, 65 degrees with clear skies. we have your weekend forecast. the 80s are moving back into the bay area coming up. [ male announcer ] carly fiorina.

as ceo, she laid off 30,000 workers and shipped jobs to china. china. india. russia. poland. i know precisely why those jobs go. [ male announcer ] because fiorina shipped them there. to shanghai instead of san jose. bangalore instead of burbank. proudly stamping her products "made in china." 30,000 workers gone while fiorina took $100 million for herself.

carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer, and i approved this message. i have a great fit with my dentures. i love kiwis. i've always had that issue with the seeds getting under my denture. super poligrip free -- it creates a seal of the dentures in my mouth. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. super poligrip free made even the kiwi an enjoyable experience. [ charlie ] try super poligrip free.

in the face. the sea lion... nicknamed "sergeant nevis"... made news evading rescuers veterinarians today are performing surgery on a show you lion shot in the face. that sea lion made news last year. he evaded rescuers in the monterey and san francisco bay

area's for quite a while actually. today, reconstructive surgery to repair his muzzle is being done at six flags in vallejo. the sacramento man has pled not guilty to animal cruelty for allegedly shooting that sea lion. still unclear what's going to happen to this whale carcass that washed ashore in san mateo county last weekend. park rangers say it would be difficult to move the 80-foot blue whale. in the past they have let the tied run the course with decomposition but that hasn't happened yet. experts have determined the full-term pregnant whale died after being hit by a ship. its calf was found dead nearby. they might be cozy but you can't use them on our next winter "spare the air" day and night. duraflame lost its court battle over whether its logs could be burned on winter "spare the air" days. the company says they burn cleaner than wood. therefore, we should be able to use them all winter.

the court disagreed with that. duraflame will be required to relabel its products and notify customers of these new restrictions. i don't know. winter "spare the air" seems so far away. right now it's going to be warming up. >> oh, my gosh. >> i did my little happy dance. >> can i see it? >> no. [ laughter ] >> i'm happy, too. i'll do a little jig. 80-degree temperatures moving back into the forecast. it's a big deal, folks. we're doing the happy dance. here we go. looking out toward the golden gate bridge and we have a beautiful afternoon expected. typically use that for a traffic shot but today it looks so nice, just had to use it to kind of explain what's going on weather-wise. mostly sunny conditions inland. temperatures today up to 79 degrees. that's nothing to complain about. around the bay up to 72. and along the coast the lower to the mid-60s, sunshine, and just a few clouds. high temperatures today, 77 in milpitas. 77 in san jose. 79 degrees in morgan hill. these temperatures about 2 to 3

degrees warmer than yesterday. 70s in mountain view and los altos. 60s pacifica to half moon bay. east bay upper 70s from pittsburg to brentwood. mid-70s in walnut creek and san ramon. oakland lower 70s, 71 alameda. upper 60s in berkeley. north bay locations, lower 70s in petaluma, 73 in san anselmo. 73 kentfield. 66 in sausalito. 67 in san francisco. so here we go. five-day forecast. this is why allen is doing the happy dance. take a look at the weekend. saturday and sunday, lower to the mid to the upper 80s expected inland. mid- to the upper 70s around the bay. and just near 70 degrees along the coastline. monday, tuesday, wednesday and thursday, temperatures continue to be pretty nice and actually slightly above average for this time of the year. if you can believe that. this weekend it is fleet week. san francisco waterfront mostly

sunny. i love that photo. i feel like i'm up in the air with them. temperatures expected to be in the mid-70s. it is going to be a beautiful weekend. also this weekend, art, jazz and wine festival in pleasant hill downtown. temperatures in the lower 80s. and this saturday the breath of life walk, golden gate park san francisco, partly cloudy skies. temperatures in the mid-60s and woofstock -- who let the dogs out! -- walk and picnic fremont in the 70s. so a lot of different events going on. great weekend. i think both teams have games in town. so it should be nice. >> giants play tonight. >> giants play tonight. >> got my giants tie! >> i feel a win coming on. [ laughter ] >> keep dancing. >> okay. an agency in alameda county is looking into target's coupon practices. that after consumerwatch reporter julie watts went undercover found out that the bay area target stores are shortchanging some customers. julie. >> reporter: that's right.

you go to the store and hand over your coupon and get back, say, well, two bucks for this coupon then the store is reimbursed for that money by the manufacturer. as we found out, target throughout the bay area is shortchanging customers and keeping the cash. for 17-year-old mary bosley collecting coupons is more than a hobby. it's a lifestyle. >> you spend all this time searching for the deals and clipping your coupons and when you come in here and the full value doesn't come off it is frustrating. >> reporter: she first noticed four months ago that this target in san leandro wasn't giving her full value for a coupon. >> they are basically stealing from the customers because we're only getting half the value and sometimes none of the value and then they are going around and turning it into the clearinghouse and the manufacturers and they are getting the full value. >> reporter: pretty serious claims so we went undercover coupon shopping in targets all over the bay area and sure enough? from mountain view to albany to colma and novato, we got

shortchanged at five out of six stores ranging from one- cent to four bucks. each time we pointed out the mistake, target did make good on the coupon but according to the department of weights and measures, target is breaking the law. >> first, california statute, if the violation is shortchanging computation value of $1 or more, it is a misdemeanor. >> reporter: after hearing about our story, weights and measures is now launching its own investigation. keep in mind, target is reimbursed by the manufacturer for the full amount of the coupon. plus they often get a bonus. for instance, campbell's pays them 8 cents for even of these coupons they collect. -- for each of these coupons they collect. target responded, target is aware some coupons are not scanning for the full amount. we are working on a fix. we have communicated the issue to all our stores reminding cashiers to ensure guests are given the full coupo value. >> this has been going on

since june. that's when i brought it to their attention and it's still going on. >> reporter: but target shoppers nationwide are still getting shortchanged unless they point out the problem themselves. so if you are coupon shopping here or anywhere else, remember that number one, don't be afraid to complain. number two, check those receipts closely. and number three, make sure you say something before you walk away because once you hand over these coupons, there's really no way to prove that they were yours. if you have a consumer problem or complaint, give us a call, we would love to help. 1-888-5-helps-u. on the consumerwatch, julie watts, cbs 5. all right. it is giants fever in the bay area. a pitcher's duel has fans on pins and needles. matchup for this game two coming up tonight just ahead. ,,

well, today's tip of the day is going to be is on clustered tomatoes. i haven't done a tip on them for a long time. local grown tomatoes are coming into the market, some phasing out because it's getting cold but the cluster tomatoes grown in hothouses and the prices still down, about a month or so the prices will be much more expensive. so when you see them in the market, enjoy them. let's talk about selection. when you buy them, red all the way around. so important. you see how important it is? stem nice and green. the greener the stem, the fresher these tomatoes are

going to be. then when you bring them home, like all tomatoes, not in the refrigerator. and they have such a wonderful aroma. clustered tomatoes, or stem tomatoes in the market, great prices, you can make that caprese salad, find buffalo mozzarella and olive oil. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. smells so good. >> never forget the olive oil. coming up tonight at 5:00 the fallout from a five letter word. this afternoon, meg whitman's campaign will be speaking out after someone in jerry brown's camp was caught saying that word. also after several high- profile shootings, how bay area police officers might learn to handle situations involving animals. these stories and more tonight at 5:00 on cbs 5. at at&t park, they are going to be rocking again tonight. game of the two play-off series between the atlanta braves and san francisco giants. tonight, last night here what

we are showing you pitcher's duel. tim lincecum struck out 14 batters on the way to the giants 1-0 victory. the only run driven in by giants cody ross. there is the score. buster posey scored. game 2 tonight, matt cain on the mound against the braves' tommy hanson. feel like i'm doing sports. game starts at 6:30. i'm sure dennis will be live. >> great day for a game, too. >> absolutely. and the blue angels will be performing too, a little impromptu practice. beware of the -- ear plugs, the noise! have a good afternoon. see you at 5:00. ,,

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