>> just over a month ago poling suggested he was in trouble, now the very thing poll might have you thinking it's the governor's race to lose. political experts say this is not a broad change in consensus but evidence that the enthusiasm gap that we heard so much about was wide enough to skew the voter samples. >> back in july, i would say democrats were sleepwalking, and republicans were very aroused about wanting to get newson recalled. you had this big interest gap between republicans and democrats, and most republicans got into the likely voter sample , just based on their own testimony whereas democrats relatively fewer did. >> and also gavin newsom approval raisings are pretty strong right now. they are above 50%. >> turnout is expected to land somewhere around 50%, actual election day voting is expected to skew towards yes on the recall, perhaps heavily. one very open question is how many of those outstanding mail-

in ballots will be turned in during the closing days? >> i did not receive a ballot when i was supposed to. so i called, and they sent it over. now i am dropping it off. >> there we go. >> time is running out to do that as the month-long special election winds down, and the polls become irrelevant. >> conditions won't change but it could change turnout expectations, we could be wrong, the pollsters could be wrong. there could be more republican enthusiasm waiting in that election day vote than we are seeing now or expecting now. >> think of presidential or congressional elections that happen on the schedule, we get to study those exhaustively and that gives us an idea of how elections go or how voters might behave, the special election by its nature, its own thing, harder to predict. the electorate perhaps more mercurial. how will it unfold tuesday, we will see. >> wilson walker outside the

registrar's office. thank you. meanwhile governor newson cast his vote today in sacramento, and earlier we spoke with republican recall candidate larry elder. he was traveling on his campaign bus in southern california, he blasted governor newson's handling of the homelessness crisis. >> gavin newsom has a housing first policy, where houses are built more expensive than would be built by the private sector without the underlying people who are on the street in the first place. i don't believe government can handle this, but nonprofits can. community activists in the neighborhood can, churches can, synagogues can. >> early ballot returns are pointing to a healthy turnout in the recall election. over 6 million voters have already cast ballots. earlier we spoke with the california secretary of state, live on cbsn bay area. shirley weber said the state is doing everything it can to keep the voting process as transparent as possible.

she said all voting equipment is tested and you can actually see the ballot counting process firsthand. >> after the election we do a 1% tally, we do have a system where we pull out so many ballots to try to validate the fact that what took place in the election was correct. people can come in and watch the county they choose to. >> the secretary of state reminded voters california has a ballot tracking system called where's my ballot. there you can find out when your ballot was received, and counted. kpix 5 will have special coverage on election night and beyond. it all starts in the news at 7:00 and continues through the evening on cbsn bay area. we will also give you updates on wednesday, starting with the kpix 5 morning news at 4:30. sethe es ona planfor san francisco's leg en towers. the move comes just a day after

supervisor aaron peskin met with top officials at dvi and demanded that all construction be paused until a new and independent panel of experts gets their eyes on the project. all work was put on hold before labor day and that's when engineers discovered the luxury high-rise had sunk another full inch and tilted another five inches. likely due to piledriving activity. millennium towers board of directors told unit owners just last week that the building is safe. and that work will resume shortly. now building officials want more time to review an updated construction approach. you can find all of our extensive reporting on the millennium tower on our website, . taking a live look outside, clear blue skies in the east bay right now, after some rare and unusual weather to start the day. >> chief meteorologist paul heggen tracking the forecast for your weekend, 5:00 a.m., i am rudely awakened.

very rudely awakened. >> 130, 140 lightning strikes last night into early this morning, 5:00 a.m., in the wake of that system, skies cleared out, the air quality much better, green across the board, easy to pick out the malfunctioning sensors, those are the ones not reporting good air quality, and this will stick around for the weekend, the cooler temperatures that we had today, also sticking around into the weekends. near or slightly below average in the forecast for saturday, mid 60s and seven upper 70s for the east bay, mid to upper 70s and low 80s for the north bay with upper 70s and low 80s in the santa clara valley and the warm spots in linden east bay mid to upper 80s close to normal for september. we will take a look at tomorrow's hour by hour temperatures coming up in a few minutes. giver that. people buzzing about that lightning storm overnight, and cruise in mendocino county rushed to a fire that they believe was sparked by a lightning strike.

this one broke out in the hills north of cloverdale, the fire grew to about 40 acres. to 6:00 after high-profile shootings the walnut creek police department announce it will have increased staffing this weekend that includes expanded foot patrols in the downtown area. this comes in response to two isolated incidents in the area last week. a teenager in contra costa county is recovering in the hospital after being hit by a vehicle on his way to school. investigators say he was writing his skateboard yesterday when he was struck in the crosswalk of a busy intersection, at newell avenue and south broadway. driver stopped and is cooperating with police. update on fatal gilroy police shooting, police say that they wanted man ambushed an officer on wednesday, the shooting happened near the post office on fourth street. police say 40-year-old gilroy resident david lopez was wanted for attempted murder in an august 31st shooting. police say that lopez called 911 to

turn himself in, but when an officer arrived, lopez opened fire. shooting at the police vehicle, that officer returned fire and fatally shot lopez. the das office is now investigating. as the department of justice enters a legal battle against the state of texas over its new abortion law, some women are traveling out of texas to get abortions. kpix 5 max darrell joins us live in san mateo to explain. max? >> reporter: we spoke with the ceo of planned parenthood california, she told us there are women from texas who have already started to schedule appointments for procedures at clinics in california. she expects that number to increase. >> one person coming from out of state is too many. >> reporter: jody hicks is the president and ceo of parenthood, california. >> we are scheduling appointments for folks coming over from texas. >> reporter: she says on

california's planned parenthood affiliates scheduled four appointments this week. >> it's out of the norm to have it in one week and it's a reaction of what has happened. in texas. >> we are about to make it law. >> reporter: the law bans abortions once a heartbeat can be detected which is usually around six weeks after conception and sometimes before women know they are pregnant. it also allows for private citizens to sue people who help patients get abortions. >> i've heard anecdotally stories of these are young people but some of them have never been out of the state of texas. they've never traveled out of state. so now they are navigating a healthcare system that's difficult to do, and doing that out-of-state. >> reporter: the cofounder of san francisco-based tech company announced in response to texas new law, they will pay for texas-based employees to relocate if they are interested in doing so. >> we will offer this now for texas, and their heartbeat bill, but, if another state does this we are going to pick up the cost for any other state

that does this. >> reporter: a long legal battle is your looming. the u.s. department of justice versus the state of texas. that the law will stay on the books as it unfolds. >> right now we are in preparation mode of what we all need to prepare, for this coming year. >> does planned parenthood typically see a lot of patients coming from out of state in a typical year? >> the president and ceo told us that last year planned parenthood the next across california served more than 7000 out-of-state patients for a variety of services more than just abortions, if the texas law does stay on the books for some time, she expects that number to continue to rise. >> thank you. still ahead and cbsn bay area, the emotional tribute in the bay area today, to honor the lives lost on 9/11 20 years ago morr >>ispressive bay area just sold millions over

asng.y is it so appealing to buyersthis sunday, key new player getting ready to take the field.

people lungs to grab a drink or hit the gym in berkeley this

week will need to show proof of their vaccination. a vaccine card is now your ticket to entry for indoor businesses. earlier this month, that city joined san francisco issuing a health order to require indoor businesses to check for proof applies to alindoor services, including restaurants, bars, and jim's. oakland leaders and public safety officials held a memorial for those lost on 9/11. tomorrow marks 20 years since the deadly terror attacks. today's memorial was held at the lake merritt amphitheater. the mayor and fire chief talked about sacrifice and remembering those who lost their lives. >> inspired by their selfishness , we reviewed rededicate ourselves to the relentless pursuit of readiness and service , and to the common values that bind us as a nation. >> a moment of silence and ringing of the bell was held

signal the end of watch for those lost. for a full list of local 9/11 events, visit our website, kpix.com. new at 6:00, if you think the bay area housing market is out of this world, a new home is taking prices to new heights. literally. ellen martin joins us now to show us where he home just sold for more than 2 million over asking. >> i'm shaking my head because i can't believe it. the sale price, 60% higher than what the home was originally listed for. the home on belgrave avenue in san francisco described as a treehouse in the sky. you can clearly see why. it's nestled in the dense foliage, lots of privacy, sweeping views of the city, the home was originally listed at $3 million, just recently sold for just over 5 million. the bay area realtor tells us interest in the home was

especially high because it is so unique. >> people are looking for something unique, special, different, not your typical cookie-cutter renovation, every house looks the same. they want a piece of art rather than just having a house. >> the home received more than a dozen offers, about half offering more than 1 million over asking price. the listing price. the new owners did offer cash. they closed on that home within a week, and thank goodness it's not a fixer-upper. >> a work of art. it's a work of art, that's a good real estate agent. sold that thing. thank you. you better like wood in that house. it was cool, but it was, it really did look like >> not cookie-cutter. >> if they got the 5+ million to put down to buy it, they probably have enough to make whatever changes they want. i have a feeling they're going to leave it alone.

let's look what's happening weatherwise, the storm system that brought us the cloud to ground lightning last night and brief showers, less than a 10th of an inch, that's moving out, bringing rain to interior portions of washington and oregon, a lot of this like our rain is evaporating before it hits the ground. as we head to the weekend, a normal weather pattern taking over, nothing to worry about, the fog is spreading out, taking over downtown, temperature stands at 60 degrees on the cool side, mid 60s in oakland with temperatures inland in the 70s to around 80, 73 san jose and santa rosa 78 with 80 degrees right now in concord. a couple days ago those temperatures were at or above 100 degrees, this is a whole lot better. a trio of dogs to send us out the door this evening for the dog walking forecast, franklin rerun, they all look very stern, but they are friendly. temperatures in the 70s now, they will cool off nicely as we heading to the evening and overnight hours after the sun goes down temperatures into the 60s. dropping off quickly between nine and 10:00, temperatures tomorrow about where they were

today, more good walking weather and good air quality will be sticking around into the weekend as well. your dogs will like that just as much as humans do. the fog will but it will back up quickly, you should see plenty of sunshine through the rest of the day saturday, nothing to worry about for outdoor plans for the first half of the weekend. temperatures will start off in the 50s, from 50 degrees in santa rosa to the upper 50s around oakland to the east bay, upper 50s around mountain view and san jose. temperatures will warm up quickly inland, slower around the bay because it takes longer to get rid of the fog, temperatures by lunch time in the low to mid 70s. the warmest spot in the upper half of the 70s, thinking back a couple days ago when those inland east bay temperatures were in the 90s by noon. the warmest temperatures will top out near 90 degrees for fairfield, antioch, brentwood, temperatures in the upper 70s and low 80s, upper 70s and low 80s in the santa clara valley, into the low 80s farther inland,

with mid to upper 80s for the east bay, temperatures around the bay topping out in the 60s for the most part, around 70 degrees for an official high temperature in oakland, by early afternoon already cooling off by this time tomorrow. a warm-up for everybody as we finish the weekend and headed early next week, temperatures from saturday to sunday jumped by four or 5 degrees across the board, and then have her there monday and tuesday before we cool down to slightly below average temperatures wednesday, thursday, friday, same pattern for the inland east bay and northbay as well, hotspots will be inland and the east bay to the low 90s, but no triple digit temperatures in the forecast at this point and along the coast you will see more sunshine for the second half of the weekend with that additional sunshine helping to boost temperatures farther into the 60s, mid 60s and back down to typical low 60s by the end of next week. coming up at 7:00 we will zoom in for a closer look at tomorrow's high temperatures, a comfortable forecast map. >> i like comfortable, thank you.

>> cbs evening news is coming up. >> here's norah o'donnell with a preview. >> coming up after kpix 5 at re tonit ndero,d 20th anniversary of the 9/11 attacks on america. tonight we remember those who died, and the pain that some are still in. plus, our interview with the national security advisor condoleezza rice. the cbs evening news is just minutes away. kris bryant sobbing on the field today in chicago it had nothing to do with his performance at the plate. brandon bell gives new meaning to the tale of the tape as he takes on a new role with the team. sports is next.

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plus, save up to $400 a year on wireless over at&t when you add xfinity mobile. switch today. 6 1/2 years and mvp award and a world series with the chicago cubs, kris bryant returned to wrigley field today for the first time since the trade to the giants in july. the cubs paid a video tribute before the game which hit brian pretty hard. he was seen on the field sobbing in front of the wrigley fans. he came to bat in the first inning, and was struck out on three pitches against former teammate kyle hendricks, brian

went 0 for 3 in the game with a walk. it was a woman is one game in the seventh inning until the bats woke up and hendrix left the game, evan longoria nearly hit one over the bleachers, a two run shot just his second homer since june. couldn't help but notice the c brandon belt put on the front of his jersey with black electrical tape. pretty weird but it worked. he goes opposite field for a home run into the basket, made it 5-1 giants. the giants add another run and win 6-1, giants three up on the dodgers, belt on base four times explained he is now the self-proclaimed captain of the team. >> is started on the plane the other day. i just felt like, in my heart, i've been the captain all year, so i told everybody to let me get off the plane first, so i was the team captain. and they did. it's like, when people know that you were the guy, they don't say anything, they just

do it. >> when i came in today i had the idea of putting it on a shirt, he went out there and wore it. >> it cracks me up. u.s. open semifinals knocked off canadian in straight sets, he reached his second final in the last three years and will play the winner of the match, which is in progress right now. nfl, less than 48 hours from the 49ers kicking their season off against the detroit lions. expect to see cornerback josh norman on the field on sunday, the 33-year-old former pro bowler signed on sunday and effectively replaces richard sherman. he says he's been targeting the 49ers for months, and now he's just taking it all in. >> i caught myself the other day, sitting back after practice and just looking out over the horizon, and looking at those mountains like this is perfect. where have these been all these other years?

>> santa clara, not too bad. jared goff knows all about bay area living, he was traded in the off-season from the rams to the alliance. detroit is only expected to win the five games this year, according to vegas automakers. >> i don't want to swear but we don't care. we don't give her anything about what anyone says. >> do you not play the prove people wrong card? >> you're asking me do i play? >> it sounds like, >> that's part of our dna no matter what. that is our dna. i don't think it's any secret that nobody expects us to do much, so that is part of us, but that is lipservice. what does that mean? >> let's hope that they do not end up biting any knees on the way up. >> we haven't even started yet. my goodness. >> he is intense. just as is opening press conference when he was hired as the coach. it was intense. >> all right, thanks. up ne

the east bay, how crews save

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call or go online today to learn more. comcast business. powering possibilities. some east bay firefighters called in for an unusual rescue.

they helped a siegel who was stuck in a very tough situation. >> and got tangled up on that light pole at a supermarket parking lot in san lorenzo. after some gentle twisting and prodding, firefighters were able to free its wings from the pole, and the bird was happy, and flew away. animal control officers later captured it to make sure that it was all right. >> how can you tell if a siegel is happy? is it squawking more than normal? >> is miles. it's different. >> it's a different kind of squawk. >> sure. >> there you go. i may not be as pretty. i'm not a cable tv personality or an entertainer like larry. i'm the businessman, the only cpa running for gov ernor. california is a mismanaged mess. taxes, cost of living, water, wildfires, homelessness. these aren't political issues; they're readily fixable management issues.

career politicians? celebrities? i've solved problems all my life. let's fix this great state! ♪ ♪ ♪ captioning sponsored by cbs >> o'donnell: tonight, on the eve of the 20th anniversary of the deadliest terror attack on american soil, we remember from ground zero here in lower manhattan. honoring the legacies of the nearly 3,000 americans lost here, at the pentagon, and pennsylvania, and the pain that echoed in the years after. also tonight, covid vaccine fight: president biden says bring it on as more than 20 republican governors call his new mandate an assault on private business. plus a new study showing unvaccinated americans are 11 times more likely to die of covid. the heroes of flight 93: 20 years after passengers aboard