put it on the ballot. >> i grew up in the area. >> reporter: an attorney and political newcomer says he's for political reform. his campaign manager took leave to help him get elected. >> measure b i didn't support because it's unconstitutional. >> reporter: it has been one of the nastiest campaigns for city council in the history of san jose, fueling attack ads like this one. >> i didn't authorize the message at all. >> do you support it? >> it depends on whether the facts are right or wrong. >> reporter: he fired back saying -- just for political gain. >> it depicted a police officer as possibly delaying response

time. >> we're talking about police union tactics and if anybody doesn't think that the police union has been playing politics in district 8, then they haven't been paying attention. >> this is about public safety. the crime rate has increased. >> we're for police and public safety. we just have to be able to pay for it. >> we're talking two different approaches. one that ultimately the voters will have to decide in their very hard fought election. despite the peaceful setting, this is a very tough and nasty battle. >> keep us updated. thank you interest that. the city of san francisco is not welcoming the golden state warriors for a few more years, but architects unveiled plans today for their new waterfront marina. >> reporter: covered with glass, the new basketball arena is getting closer to becoming a

permanent part of the city's skyline. the first draft was shown to us. and the center piece is the basketball arena which would be built at pier 30 and 32. architects described the arena as lozenge shaped. the idea is to have it set back about 600 feet and turn it at an odd angle in order to allow businesses to maintain their site lines to the bay. >> we have opened up a great deal of access to the harbor and parallel, along the water's edge. >> reporter: they are going to be building about 600 parking spots on site and ferry service to drop you off right at the arena. there will also be music fans as they plan to have concerts

and other activities here. the arena will only take up half the site. they plan to develop a shopping center and even a movie theater on the property. >> the plan is to finish in 2017. they will go through a series of public hearings starting tomorrow evening. they say it's lawsening shaped. i'm going -- lozenged shaped. i'm going with a flying saucer. i'm going with pringles potato chips. >> well, a bay area port official is in hot water tonight after sticking the taxpayers with the tab for a strip club spending spree. we're talking more than $45 million. the big -- $4,500.

>> the idea was to go to host to a question and try to get some business over here for the port of oakland. they might have gotten the business but they are paying twice. >> reporter: at the ender of the story is this upscape strip club in houston and where the mayor allegedly spent $4,537 in port money entertaining a group of ship executives during a trip to houston in 2008 and then build a port for it. >> we take it very seriously. >> the party was four years ago, but the bill just popped up the other day when the port was asked for all billing for travel in recent years. it had gone unnoticed because the receipt listed the strip

club's parent company as the recipient. >> it is under investigation and we are conducting due diligence. >> port leaders are scrambling to get a handle and trying to find out if this is the only questionable use of mun an e. >> we conducted a meeting that has been continued today. we can't make any new york comments. >> he is out of the country for another port conference and is yet to make a statement. >> as we speak, the port commission is in another closed session still trying to hash this out. it's still unclear whether any rules were violated. the maritime director may have made a mistake by going there. what he did is give the receipt with the right name. it just didn't have the club on it. if you can get sex and taxes in

the same story, you've got a story. >> that's our hr department calling you to find out about your expense report, phil. >> where the box is that says strip club, they won't find it, that's okay. >> right next to the one that says common sense, which obviously no one checked in this case. >> well other bay area headlines. in oakland an all day search came up empty for a wanted murder suspect. a house turned out to be empty where a suspect was said to be hiding. 24-year-old savage was part of a history making bay area family. his grandfather was the first

african american mayor of emeryville. we are learning the identities of a man and woman shot. 24-year-old christopher have you been and dow were found an buchanan road yesterday. investigators say they are looking at it as a double murder and not a domestic dispute. so far no suspects. wedding guest remains in the hospital after being shot outside the reception in santa clara. the 21-year-old victim was shot in the arm late last night on freedom circle. no word on suspects or a motive yet. bay area teenager going to

trial. how prosecutors tie the suspected -- lamburby gine thief. >> beautiful whether for a game. kind of fields like the boys of summer should be playing. look at all that sunshine. man, is the golden gate beautiful right now. we'll tell you how warm we're going to get coming up in your forecast. ,,,,,,,, ,,,,,,

michelle le was stalking her online. an f-b-i compu . prosecutors say the woman accused of killing michelle lay was stocking her online. she searched for the nursing student online 300 times in the days before her death. she also reportedly searched for ways how to hurt people and how to break locks and doors. michelle disappeared in may of

2011. prosecutors say she killed lay in a jealous rage. a teenager accused of stealing a celebrity chef's lamborghini. why he's facing much more serious charges. he was told to be back in court november 1st and that's when he's going to be arraigned on attempted murder, also burglary and car theft. >> the finding today has nothing to do with the guilt or innocence of my client. >> reporter: max wade's attorney admits he's disappointed it's moving toward trial. >> it's an extraordinary amount of pressure to be on an 18-year- old. most are thinking about where they are going to eat lunch. >> he's accused of shooting

into a pickup truck last spring while two other teens ducked for cover. the media coverage has focused on his possible role in a march 2011 movie style car heist at a san francisco dealership. it involved a $200,000 lamborghini similar to this one. he's accused of going down a window, cutting the lock and driving off into the night. all of the attention on the car theft is misdirected. he says it's the attempted murder charges that could send his client to prison for life. >> if this was a 94 honda aaccord and it wasn't a -- accord, and not a lamborghini and a celebrity, no one would

care. >> reporter: two young supporters were in courted to and didn't want to talk. neither did his mother. but his attorney says there will be plenty to see as the case goes forward. >> there were some real important revelations as far as the san francisco police officer talking about this was not an one person job. >> reporter: expect to hear arguments that the lamborghini theft had to be a two person job. and that it is paced upon circumstantial evidence. based upon circumstantial evidence. no dna in the car theft. we should not expect a made for tv courtroom drama, he did let us know he does plan on filing charges to have the case dismissed based on lack of evidence. well it's a new twist in california's ongoing cash

crunch. too many state workers showing up for work every day. over the past three years, the state paid out more than $800 in unused time off. that includes vacations, comp and sick time. more than 4,000 retiring workers collected an extra $50,000 or more in their final pay checks. 27 got at least a quarter million. a recent retiree say that staffing shortages make it all but impossible to take time off. this could be the stage for a future super bowl. 49ers and the city of san francisco are bidding to host the 2016 or 2017 super bowl. if it happens the game would be in the $1.2 billion stadium which is still under

construction. all of the pregame festivities would be in san francisco. >> they are pruported to bring as much as $500 million into the region where they are being held. all of the hotells are going to be -- hotels are going to be filled and there will be lots of job. >> the nfl will announce the list of pintelligent host sit -- potential host cities tomorrow. >> after losing a first game of the series with the st. louis cardinals, we talked to some bay area fans who have entertained mixed loyalties. >> we're at a ball park, 1-1 bottom of the fourth. do you think they have giants fever? yeah, not everybody. >> reporter: in a sea of orange and black, there is red. >> 28 years in st. louis and

i've been here since 69. >> tom frankal talks about his stint there like a prison term. he is the bar keep at bloom saloon. i knew it as a cardinals bar. >> good to see you after 25 years. we did this in 1987. >> reporter: the two teams met in the playoffs in that year. >> i was a cardinal fan, but i'm a convert to the giants these days. >> reporter: we're assured it will be rocking at game time. you can find more of the red and white, well, at&t seems to be where it's at. father and son bonding in a old town home town, we can understand, but scott michael looks at the same game and sees only differences. >> his bedroom is in the garage. he's seeing a rougher time.

>> reporter: as a seven-year- old he played for a team named the cardinals. >> they just looked cool. and guess i kind of wanted to be a little different. >> reporter: and this pair, from edwards air force base who came up this morning. >> how many miles? >> about 400. >> when are you going back? >> after the game. >> a therefore game? we have -- after the game? we have to work. >> reporter: oh, to be young again. >> cardinal nation is huge. before houston and atlanta, it was the only professional baseball team in the entire south. so family generations and they're very nice people. it's gonna be tough when they lose, but we do like them. >> i worked in st. louis for a couple years. my daughter was born there, so, but i'm going to -- she's in colorado, she doesn't care

right now. college kid. >> thanks, mike. paul deano just got back from arizona. we've covered most baseball divisions. >> yeah. >> let's beat these guys. >> oh yeah. let's get this done. >> the weather is going to be a big issue, not here, but we're talking st. louis. mid october, stormy weather there. for us, it can often be beautiful weather. we have nothing but mainly sunny skies outside. san rappel 75. downtown you have 64. another chilly day in san jose. it's sunny and nice and warm mid 70s this evening in our inland communities. very active storm track but several hundred miles to our north.

some rainfall may make it into extreme north california. as this low pressure area scoots by, look for some rain delays on wednesday and thursday. high pressure is going to build in. inland, you will likely hit 90, and near the bay you will be well near the 80s wednesday and thursday. downtown san francisco, 3 degrees above average. livermoor ten degrees above average. near it bay, 80s. inland areas near 90s. but only the last two days. we will stay sunny but be cooler back to mid 70s for the bay saturday and sunday. >> thanks paul. still ahead how you can help the state by buying a boat or a pickup or a bisthis weekend. >> you've heard how lack of

sleep is linked to obesity. how your restless nights could actually change your body's tissue. ,,,,,,,,,,,,,,,,

weekend. and it's all designed to help the cash-strapped state. they're trucks, buses and boats. just a few things up for auction this weekend. and it's all designed to help the cash-strapped state of california. on saturday, hundreds of items will be up for sale. this is all part of governor brown's order to sell excess and unused items am bridge the state's budget deficit. they are expecting about $300,000 in sales. >> i think it's a good

opportunity to get machine or things that you couldn't purpose brand new. >> the state made nearly money after items were sold at an auction in davis. the average home last month cost $429,000. that's $139,000 more than at the recession's low point. other positive signs. there was a drop in foreclosure sales and an increase in the sale of more expensive homes. it's a study that has been done before. the lack of sleep increasing obesity risk. but a new study shows there's actually more at risk. it affects our overall health. the searchers here found that not enough sleep impairs the ability of fat cells to respond to insulin which slows down your metabolism. in the stud an eindividuals

only -- study individuals only slept four hours for four days. their fat cells acted like that of somebody 50-pound heavier. >> you can have met bolic defects at the tissue -- metabolic defects at the tissue. >> there's good news. the problem can be reversed if you get in at least eight hours of sleep every night. coming up in our next half hour, the presidential candidates getting ready for round 2. why so much of the focus is on the moderator. >> a new role for a former u.s. senator. >> even astronauts are congratulating the supersonic skydiver. what space officials hope to learn from his hop into the stratus fear. ,,,,,,,,,, ,,,,,,,,,,

election, the political stas set for another high-stakes . and now at 6:30 with 22 days to go until the election. the political stage is set. the presidential candidates go head to head tomorrow night in the second of their three

debates. cbs5 political reporter grace lee explains they won't be the only ones under a lot of pressure. >> of course, the moderator has proven to be an important part in setting the tone of the debate. what can we expect? a seasoned political veteran at the helm. >> the president did make a brief appearance over the weekend to rally campaign volunteers in virginia. while mitt romney was seen leaving church on sunday before cramming for their second debate tomorrow night. but both candidates have remained behind the scenes just before a town-hall style debate. 80 unbesided voters -- decided undecided voters will ask questions and it will be anchored by candy controly. >> do you think you're going to ask a different question because you're female. i'm going to ask different

questions because of all the things i am different about. we've had different experiences and certainly one of the differences is not i'm female and they're male. >> reporter: she said she believes that the style will shape the debate. >> she's a very strong reporter and a very stonning woman. just -- strong woman. just the fact that she's strong has a lot of people questioning her ability to balance her role as moderator. tight control was kept of the vice presidential candidates. >> i want to move on to medicare and entitlements. i think we've gone over this quite enough. >> reporter: her approach should be very different than this. >> the president began this segment so i believe i get the last word. >> your minute is up sir.

>> i had five seconds before you interrupted me. >> reporter: because of all the criticism and scrutny of the last two moderators, they believe there will be a lot of pressure this time around kroli. >> there's a pressure on her to balance things the right way but also because of the nature of the format is going to put her in position of umpire from time to time. >> the pressure may be on, but she calls this totally awesome and a career highlight. hoar goal is to -- her goal is to make sure that voters walk away saying i didn't know that. you can see the debate live here on cbs5. we have special coverage starting at 6:00 tomorrow night. and check out our exclusive

presidential forum on cbssf.com. >> thank you, grace. reporting election fraud could become as easily as picking up the telephone. george gascon is establishing a new hot line. he says that his office has already had at least one complaint related to a race this year nift. george mitchell will oversee talks about the pipeline fire. he'll negotiate mediations between the states and cities. he faces millions in fines for that 2010 explosion. he is an internationally recognized mediator and nobel

peace prize nominee. well the excaptain of the costa concordia came face to face with passengers for the first time since the cruise ship disaster. francesco schettino arrived at an italian courtroom today for his preliminary hearing. he is accused of running the cruise ship into a reef and abandoning ship. he's claiming he tripped and fell into a life boat. 32 passengers and crew members died. they are not targeting francesco schettino, rather the owners of the cruise line. >> the standards that are set by carnival in the united states are completely inadequate. >> the hearing expected to last up to 10 days. the coasta concordia probably won't be removed from the reef until next spring.

the girl who was shot by taliban militants arrived in england for treatment. she was shot last week while on her school bus. she had taken a strong stand for women's education. supporters around the world are standing by her. >> we stand shoaled to shoulder against fighting terrorism and trying to ensure that young people have a proper education and in supporting malala. >> malala was able to move her hands and legs a few days ago but will need intensive rehab. coming up a promise made almost a decade ago. watch a student rising above become a man, right in front of your eyes. now they want a home. a home where everything feels

like it's designed just for them. where the styles they love fit into the wallet they have. big or small they want furniture that makes life better. that's why they visit us. we're more than a home improvement store. we're ikea, the life improvement store.

many weeks. this it's a great time for stanferred university. it -- stanford university. the latest professor shares an award with an ucla professor. their works takes the principals of supply and demand. for example their algorithms designed a nation-wide kidney exchange program. >> it tells us how people live their lives and what happens to them at some of their most important junctures. so my colleagues and i study matching. things like how you go to school and how you get there. what kind of a job they get. how those fit together. brian killbill cu, won the

nobel prize for chemistry. >> students who rise above. people often ask what happens to the kids that wendy profiles. >> one of the amazing things is that we have stories of these kids who are in poverty going back 15 years. today we catch up with one from 2003. he says then he wanted to give back and he went to uganda to do just that. >> reporter: when we first met zackry tab, he was a kid who grew up poor with a single mom and worked as many as four jobs at a time to support him. >> my mom used to bring home milk from her work because we couldn't really afford to get all the food we needed to get. >> and sold all my furniture to buy formula and diapers. i did what i had to do. >> reporter: five years later

he graduated cum laude. and he then went to serve in uganda in the peace core. and served in villages with hits and no running water or electricity. >> you would speak with parents who's children were born with hiv and now there's nothing they can do with that. >> reporter: more than 23 million people in sub-saharan africa have aids or are hiv positive. it's hard to absorb those numbers, but zack sat with them and talked with them. he taught people how to prevent aids and how to sterilize their water. he learned he couldn't help

everyone, but he could make a difference which takes us back to something he said when he was 18. >> hopefully i can get back to the community or hopefully i can get back to my family. >> reporter: he already is. his time away helped him decide that the best way to give back will be through medicine. he has just completed a premed program at tufts university for college grads. >> i have if you understand my path in life -- i have found my path in life and i am steering the ship. >> he's already been asked to interview at three medical schools. if you'd like to help send low- income teenagers like zack to college. go to the web site above. >> with his kind of life

experience, he'll make a great doctor. >> you can feel it. >> so dedicated and it's great to see the path. >> i know. >> following him from 2003 to now. >> and we'll keep on eye on him. we'll be calling him doctor. >> the man known as fearilous felix. what he says about his plunge 24 miles above earth. >> temperatures plunged, but not that low. now they are heading up. the sun is already down. beautiful view of the bay bridge. find out how warm we are going to get. 90s and when it's going to come, coming up. >> a little function going on here. it was black sunday for the bay area teams yesterday. who's to blame for the 49 debacle? the answer coming up.

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brew what you love, simply. keurig. (car horn) paying with your smartphone instead of cash... (phone rings) that's a step forward. with chase quickpay, you can send money directly to anyone's checking account. i guess he's a kicker... again, again! oh, no you don't! take a step forward and chase what matters. science exhibit. the shuttle slowly rol space shuttle endeavor is preparing for a new life as a ginormous science exhibit. the shuttle slowly rolled past crowds in los angeles yesterday

headed for the california science center. just getting the giant space craft there was an astronomical challenge. >> it got here without a scratch and i promised the commander. he said at the title transfer ceremony, please don't scratch it and we didn't. >> endeavor will be housed eventually in a new facility, but until then, the public can seeing it starting october 30th at the science center. the skydiver who took a supersonic leap from 24 miles above the about. that's him. -- the earth. that's him, felix baumgartner reached speeds of more than 700 miles an hour. >> reporter: felix baumgartner makes history. he jumps from 128,000 feet

above the earth. 24 miles up. higher than anyone before him. he spins for a few harrowing moments, but stabilized quickly. >> i was always trying to find out how to stop this. i was putting one arm out and it didn't work. when you travel at that speed, you don't feel the air at all. >> reporter: in the first seconds, he broke another record. no one had ever gone through the sound barrier outside a vehicle. he reached a top speed of more than 700 miles an hour. well past the speed of sounds. the free fall lasted 4 minutes 19 seconds. that say short of the record for the longest free fall. but the man known as fearless felix was hailed as an

engineer. >> how does it feel and hew does it look like and this is way bigger than i anticipated. >> they hope this jump will show them if astronauts, space tourists or high altitude pilots can survive for any outside period if there's a fall function of a vehicle. his high pressure chute could be the next generation suit for future missions. >> so what will felix baumgartner do next? something really scary. he says he wants to pursue a job as a news anchor. no as a helicopter rescue pilot. >> my stomach just turns over. >> how high are we when we're on the plane is what my son asks me. >> he jumped from 125,000 feet. daddy isn't ever going that

high. >> kudos to him. >> here's an approach to the bay bridge. zero cloud cover. it's all about the 60s and 70s outside. conquered is actually still -- concord is still at 80. downtown san francisco, 64. santa rosa currently 78. radar is clear and with this particular pattern, we will stay drive with a big bubble of high percent over top of us. i have one spot to show you that will not be dry. it is bermud an a. on the other side -- bermuda. on the other side of the country, tropical storm rafael is now hurricane isaac rafael. tropical storm warnings are up for much of bermuda. tropical storm afin rafael in the atlantic ocean.

a little bit better this month. oakland you're one degree above average. but in the santa clara valley, two consecutive months of what is well above normal. that's going to change. another day of rain for them on the move and it will impact our baseball team here because this area of pressure is heading towards st. louis. as that scoots out of here, high pressure will now get a chance to expand and build to the north. that's huge for you if you like warm weather because we get the shore wind. that's going to kick up on wednesday and thursday. and then the warmest we've seen in two weeks coming up on thursday. temperatures are going to go up wednesday and thursday warmer as we head towards the weekend the onshore flow is back and temperatures will drop and so

will the fire danger. san jose, you're back to 80 tomorrow. a high of 08 tomorrow. hayward 76 and san mateo 81 degrees. high of 77. alameda 77 and downtown san francisco for the first time in a long time making it into the low to mid 70s. the peak of the heat, 90s inland, 80s near the bay, 70s near the coast. that's wednesday and thursday. as we approach the weekend we'll stay pleasant by the bay and low 80s for our inland locations. sports is coming up next.

heartbreak. he lost the 2002 world series with the giant, giants lead the cardinals 5- 1 in game 2. bottom of the 5th. dusty baker, he knows something about heartbreak. he was the manager of the giants when they lost in the 2002 world series and then of course last week he was bounced from the postseason by losing three straight in a row to the the giants. >> it's going to take a while

for this to heal. like everything, heelings. sometimes you get -- heals. sometime you get tired and disappointments. but i'm a strong man and what i can gel over makes me stronger. >> the dust-buster will be back in cincinnati. there's the silver lining for him. he and the club agreed to a 2- year contract extension. baker is les than a few wins anyone hind. nfl, the 49ers new york giants games. it was one of the highest profiled games on the schedule, but it did not live up to what we saw last january in the nfc championship game.

becoming the first visiting back since 2009 to run for over 100 yards. alex smith threw three interceptions. and after the game, the coach gym pointed the finger at himself. the coachjimm pointed the fing finger at himself. >> it wasn't a great day for any of us. >> we have a lot of work to do basically. on every phase of the game. offense defense. we can't go in thinking we're the 49ers. >> the nfc west is a laughing stock. no longer three teams are tied for first place. the 49ers played the seahawks thursday night for a top spot in the division. many thought the raiders game

would be a complete blowout, instead they almost beat the top team in theinal. but the raid -- the nfl. matt bryant nailed a 55-yard field goal to give atlanta the lead. >> we fought hard. we had a great game plan and i let the team and our fans down. making the mistake i made is crucial and that's on me. that's my fault. we fought hard all game long and that's what we expect. that's what coach expects of us. that's what coach preaches finishing and i didn't do a good enough job finishing. >> a lot of accountability today. and while you were responding your days off -- spending your days off booking your travel plans for st. louis, here's what you missed. >> yankees got some bad luck with the jeter injury. >> how about some college

hoops. watch your head. bell dunks over six students who were likely loaded with liquid courage. >> back to the raiders, matt ryan completely off the mark. and it's caught by falcons receiver harry douglas. the rams lost to the dolphins but man to they have a lot to be excited about with their young offense. brad gibson, with just one arm, pinning it to his chest. five defenders go in for the 65- yard touchdown. one more. look at that. scott was never brought down. heads-up moved to realize that he wasn't and the rebels won the football game. >> that is it. our i continue to -- i continue to hear loud cheers. i will be live at ten and 11 to see if the giants have a chance

in the series. >> it's just the beginning. everybody got upset because the giants didn't make it. give it a little time. >> they're just keeping everybody interested. dangling that carrot. >> as long as a world series ring is at the end. >> we're going to have that and so much more coming up at ten and eleven. >> the latest is always on our web site. >> let's go for a jump. >> watch that first step. it's a cuse doo -- doozy. ,,

,, measures... measure up. money to our schools. "misleading." out here. it. but there's hope. straight to our schools... keeps it there. politicians.