violates the constitution, all ahead on the ktvu morning news. >> complete bay area news coverage starts right now. this is ktvu channel 2 morning news. >> well, good morning to you. welcome to the middle of the week. wednesday, august the 4th. i am dave clark. >> i am claudine wong in for pam cook this morning. let's check our weather and traffic. good morning, steve. >> high claudine and dave and fog is making a relates bit more of a push this morning than yesterday and the see breeze has ramped up towards the delta and even a south breeze towards santa rosa, that means that is a cooler direction this time of year, 60s, 70s, mid-, upper 80s, but yesterday instead of temperatures going up three to five, i think they will go down. now here is sal. >> traffic moving well in both directions on 880. also their morning looking at 80 westbound to the macarthur maze. now at 5:00 let's go back to the desk. >> sal, thank you. this is a key day in the battle over same sex marriage.

a judge says he will announce his decision today on whether to uphold or overturn proposition 8. ktvu's jade hernandez joining us. she is at the courthouse n san francisco. good morning. >> reporter: good morning. a decision is expected early this afternoon. we are live in san francisco this morning. there are a lot of things we can expect to see later today. proposition 8 supporters asked the court yesterday, even if they lose, not to allow same sex marriages to resume until they appeal. the defendants in this case write, same sex marriages would be licensed under a cloud of uncertainty and should proponents succeed on appeal any such marriages will be invalid. but same sex maersk proponents are hopeful about the decision today. >> we are very very hopeful that tomorrow will be a good decision. certainly won't be the last decision. we expect this case will go to

the u.s. supreme court but we are hopeful that round 1 will be a successful victory for qualitiy. >> reporter: keep in mind the question the judge seeks to answer today is california's ban on same sex marriage constitutional? supporters say the court should uphold what the voters want. it passed at the polls in 2008. for others it is an equal rights lawsuit. the couples who filed the lawsuit, one lesbian and one gay couple, say they are fighting for the rights of millions of americans who don't have the right to marry their partner. coming u we will hear from a gay couple who are married and find out what today's decision means to them. >> make sure you stay right here with ktvu channel 2 news and ktvu.com for all the breaking news about today's court ruling. we will bring it to you today on-line and on the air when it happens. >> 5:02. a bomb scare led authorities to evacuate dozens of homes in san

jose last night. it started yesterday afternoon with a call from a resident. he told police his roommate had an explosive in their home. about 20 to 30 residents were then evacuated from those homes while police tracked down the suspect. the man surrendered himself just after 10:00 last night, allowing a bomb squad for search that apartment. >> the bomb squad was called out here. they searched the area. nothing has been found and the residents have now been allowed to go back home. >> the evacuated residents were allowed back home around 1:30 this morning. the fore-year-old man suspect of having the explosives was not arrested but is being questioned. >> oakland police are searching for the gunman who shot two people at a late night party sponsored by a local radio station. this happened around 11:30 outside the new parish nightclub. both of the victims were attending a party sponsored by

radio station. the injuries are non-life- threatening. the victims were rushed to the hospital. but police had more problems to deal with. a fight broke out at the hospital between friends of the victims. at least one person was tazed by police and was arrested. >> that shooting happened as many bay area cities hosted peaceful gatherings as part of national night out. oakland held more than 400 block parties including this one in the fruitvale district. they all came together to take a stand against crime in their communities. >> it is really important that we build a network amongst ourselves, especially in these kind of dire times. >> we are more apt to do something about something that is wrong when there is numbers. >> some residents say the recent layoffs of 80 police officers makes keeping the peace more difficult. ktvu heard that same concern at a national night oh party held in vallejo, where residents there are also dealing with police cutbacks thanks to the

city's ongoing budget problems. >> some good news this morning if you ride amtrak in the east bay. amtrack just confirmed the tracks are now cleared again after yesterday's derailment of a union pacific freight train in west oakland. both amtrak trains and freight trains are running now and the crews are working to get the trains back on schedule. now that derailment happened around 4:00 yesterday afternoon when the train was moving north bound. union pacific says two empty rail cars tipped over, blocking the tracks, those tracks are the same tracks used by amtrak's capitol corridor. >> i just said a freight train derailed. >> -- pretty tired. we want to get home. >> no, i am not mad right now. >> -- rail man -- >> -- do -- >> -- do -- >> -- still under investigation. >> we should know in a few hours if ac transit drivers will be back on the job in full force today. riders are hoping to finally -- [ inaudible ] >> -- district 1 50 drivers or

15% of its work force called in sick yesterday. the district said that it had the same problem every day for the past two weeks, ever since the district imposed a new contract on its drivers. a judge tossed out that contract on monday but both sides remain at odds about the contract and the sick calls. >> they make $100,000 plus in wages and benefits. they owe it to the riders and the taxpayers to come back. >> there are 15 operators at 10:00 this morning called in out of 1100 sick today. >> ac transit and the union are scheduled to begin arbitration later this month. the district says it needs to make cuts and is considering eliminating weekend service because of the deficit. the union is disputing the size of that deficit. >> our time 5:06. let's go to sal. sal, can you take care of the commute for us this morning? >> you know right now i can. >> okay. >> -- dave -- actually i can't for the whole morning but right

now we are doing pretty well, dave and claudine, good morning. traffic looks good on the east shore freeway all the way to berkeley and no problems reported by the chp along that stretch. at the toll plaza it is still a light drey coming into san francisco with no major issues. and as we look at the south bay commute we are off to a nice start there. 280, 101, 17, chp is giving us the all clear on that. 5:06. let's go, steve. >> all right, sal, thank you. and we have a little bit of a sign of a cooling trend. travis is up to 24, gusts to 36, low clouds have moved further inland than yesterday, that all spells cooler weather. by the coast it doesn't change yesterday but inland areas did jump up. so a little mist out there and sunny and cooler. 60s, 70s, the biggest drop inland areas which did warm up yesterday but today we will take some of the edge off some of those afternoon highs.

52 san rafael-napa and 52 san francisco. the warmest again san jose at 59, palo alto 58. 38 tahoe, 50s 60s up and down the coast. 58 sacramento, vacaville has a west wind, the delta breeze is establishing itself. tropical moisture in arizona and southern nevada. for us a system will dig into the north and increase fog and give as cooling trend. so some low clouds, fog, mist, then sunny and cooler. windy at times, so 60s, 70s, some mid-upper 70s for a few, then some low to mid 80s and pretty far inland upper 80s, but the trend is cooler and will continue that right into thursday and friday, claudine and dave. >> all right, 5:08 and coming up in the morning news california democrats now say they have a budget plan. we are going to have details. and will oakland mayor ron dellums ask voters for another term in office? >> plus president obama turns 49 years old today. we will tell you how he plans

to celebrate his birthday. >> reporter: and coming up a new report takes a look at how much oil from that broken well is still in the gulf.

bp says the effort to seal the broken oil well appears to be working. heavy mud is holding back the flow of ill in what is called a static kill. there is also word this morning that 75% of the oil from that

spill has been cleaned up or broken down by natural forces. but there are concerns about the dispursants used and a hearing today will look into the long-term impact. alison burns is live now in our washington, d.c. newsroom with more. good morning, alison. >> reporter: good morning, claudine, the obama administration is taking some credit for that good news out this morning that most of the oil spilled into the gulf is gone. this is video from this morning of the sealed well pat the bottom of the ocean. since the well was capped on july 15th and the oil flow stopped there has been a lot of worry about what happened to the tons of oil already in the gulf. now scientists say 3/4s of it has evaporated dispursed been captured or otherwise eliminated. >> i think in part it is a testment to the fact we launched the largest response in the history of our country, we had nearly 7000 vessels,

more than 40,000 people working to clean this up, to capture it, to skim it, to burn it, and -- and that is why the vast majority of the oil is gone. >> reporter: scientists say the remaining oil is breaking down rapidly but there are hingerring questions about the damage done by the dispursants and the oil on sea life and the gulf's ecosystem. a senate hearing investigating dispursants gets underway later this morning. i will have that for you during my next update in about an hour. reporting live from washington, d.c. alison burns, ktvu channel 2 news. >> today is president obama's birthday. he is 49 years old. the president will fly home to chicago to celebrate with friends but his family is out of town. first lady michelle obama and their youngest daughter sasha are vacationing in spain. their other daughter malia is at summer cam. here a group of supporters will hold a presidential birthday bash and phone bank in oakland tonight.

part of a nationwide effort on the president's birthday to encourage first time voters to go to the polls in november. democrats have released their plan for solving the budget crisis. the plan includes $8.3 billion in spending cuts and includes an increase in taxes like the vehicle license fee, while cutting the state sales tax almost in half. now democrats say this will lower taxes across the board for the people of california. republicans say the plan relies on billions in income, car and gas as well as business tax hikes. >> there is speculation this morning that oakland mayor ron dellums will not run for erelex. the deadline for candidates to enter the player's race is this friday but some people say del ums is not raising campaign money, not talking to consultants and not showing up at his office very often anymore. all signs that he won't pursue a new term as oakland's mayor.

oakland city councilman gene kwan and rebecca kaplan and joe twoman are in the race for mayor and they used yesterday's national night out event to talk about their plans to reduce crime. all say the starting point is the oakland police department and figuring out ways to reduce costs without layoffs. one says starting pay is too high. >> in this climate that is not justifiable. even here in the bay area. >> they talked about a tree tiermt program. they talked about other more cost-effective strategies to handle the police department. >> maybe you can do some things like what chief gascon is doing where you use civilians to do some of the investigation and the evidence. >> former state senator leader don prada is also in the race for oakland's top job. many consider him the front- runnerch he was out of town and unavailable for comment. >> california state comptroller

issued an order requiring that all cities and counties report the salaries of their top officials. this follows that salary scandal in the small southern california town of bell right outside of los angeles. critics blasted the city manager for his annual salary of almost $800,000 a year. they also pointed to the police chief's salary, which was $457,000, that is double what the police chief in l.a. earns. state comptroller says he will post the salary information on the comptrollers website in november so anyone can see how much city officials are being paid. >> all right. time now is 5:16. let's head right over to sal castaneda who is checking out the 24 in lafayette for us. high, sal. >> that's right, it is doing very well as you can see from our camera mounted high up on that mountain there on that nearby hill. westbound 24 traffic does look good on the way to oakland. also this morning we are looking at interstate 880 here

in oakland near the coliseum and the traffic is moving well in both directions. if you are driving in the livermore valley westbound 580 traffic is moving along nicely over to castro valley and then if you are driving on 880 right now is a good time to do it in hayward and fremont. 5:16. here is steve. >> good morning. a cooling trend will start today and continue for most of the week. fog is making a push inland. a tough time to warm up along the coast and in san francisco. 52 cold degrees right now. foggy, misty. 55 at 9:00. not much warmer at noon. 62 for the high today. 60s on the coast. warmer towards santa cruz. 70s around the bay. 80s inland after yesterday upper 80s and low 90s. 52 also at san rafael and napa. livermore-concord mid-50s. the warmest pattern it seems like every morning peninsula and the south bay upper 50s to near 60. that is again the case today. 50s, 60s up and down the coast.

a lot of low clouds and fog keeping temperatures cool. there is a delta breeze already up to 24, gusts to 36 at travis. yesterday only about 17 and it just stayed there, that is why temperatures warmed up. warm air aloft but a system from the pacific northwest will show up tomorrow put the edge of it is moving closer today and all signs there for cooler weather, so fog, mist, sunny once na fog burns off. later today. inland not so much a problem but the breeze is already there, cooler for inland areas 60s for the coast. nothing has changed there at all. if anything it is cooler away from the coast and keep it below average, probably for the next 5-7 days. >> europe pain markets slipped. japan's nikkei fell more than 2% after several reports

showing the u.s. economy recovery remains fitful. a strong yen also hurt japanese companies that demand on exports. markets in south korea, australia and new zealand also slipped. yesterday the dow was down, nasdaq down, s&p all down, futures are also falling this morning although we are expecting it only to be a modest fall as we await reports on the private employment and services industry. payroll company is expected to report that hiring ramped up slightly last month. today the federal trade commission will announce details of a settlement in the anticipate trust action against intel. they charged intel with using its size to force computers into exclusive deals and to use chips -- [ inaudible ] >> -- micro devices. amd says that led to higher prices for consumers and other chip makers. >> 5:19. do you have a gucci purse like claudine and is it real or is

it fake? well up next we will tell you about a major counterfeiting bust right here in the bay area, you will see the luxury items confiscated and all the suspects now in custody. >> an important warning about a south bay lake that is popular with swimmers. >> good morning. bay bridge right now looking pretty good coming up to the pay gates. we will tell you more about the morning commute when we come back. it's not back-to-school, it's forward to what's next

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♪[ music ] >> good morning. low clouds and fog and more of a sea breeze, that means cooler. inland areas came up yesterday on the temperatures. not today. they will come down and by the coast a lot of fog and mist again. >> and those unseasonably cool temperatures have made that the coolest summer in more than 30 years around the bay. usually in the summer the fountains are filled with children playing in that water but with temperatures between 10 and 15 degrees cooler than normal not many people are looking for places to cool off. >> usually by now like i would be at the beach every weekend but i have not hit the beach because it has been foggy and it has been cold. >> but, lately, yeah, the sun doesn't come out until like 11:00 and -- and then you definitely get real cool at night. >> officials at she santa cruz board walk say july is usually the busiest month there and say business was normal with people still coming -- [ inaudible ]

>> -- one respect lower temperatures have actually been good for business because there has been a big increase in the number of sweatshirts sold and the heavier clothing costs more than t-shirts and vicars. san jose's lake will be closed to swimmers for two more weeks after they discovered a bloom of algae. now so far no one has become sick and the rest of the park remains open, including the water spray area, dave. >> your time now 5:24. prosecutors are charging almost a dozen people with smuggling phoney luxury items into the bay area for sale at san francisco's fisherman's wharf. immigrations and custom's enforcement officials are ice as it is called, showed off some of the merchandise seized including gucci, and other products as well as nike shoes and ed hardy jeans, this is just a sample of the 200,000

counterfeit items that ice says were shipped in from china and would have been worth $100 million if they were real. >> counterfeiting badly undermines the united states economy. it robs americans of jobs. it stifles innovation and it promotes crime. >> now, this was the culmination of a two year undercover operation where agents raided eight different wharf stores and arrested 11 people. they are facing charges of conspiracy, smuggling and trafficking of counterfeit goods, the penalties can be as high as 20 years in prison. >> we have learned the 11-year- old california boy who died during a recent football practice had a rare and undiagnosed heart condition. andrew jacob lamb per was from garden valley. he was taking part in the first practice of the year for his pop warner team. his family said he told his coach that he wasn't feeling well. then a few seconds later he

passed out. his father was one of the coaches on the field. >> and they lost his heartbeat. they brought him back and then they lost it and they brought him back about three different times. >> an autopsy revealed he had a heart condition that caused his heart muscle to thicken. it is a condition that would not normally be discovered during a routine physical exam. well, a federal judge is ready to announce his ruling on whether california's proposition 8 ban on gay marriage is constitutional. what that decision could mean. >> reporter: trains are running normal after an evening of headaches. we will have the latest on that coming up. >> good morning, northbound 280 traffic moving well in san jose. we will tell you more about the morning commute coming up.

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well, good morning to you, welcome back. this is the ktvu channel 2 morning news, the middle of the week, wednesday, august the 4th, i am dave clark. >> good morning. i am cloud dean wong, pam cook has the day off, time now is 5:29. let's get a check of your weather and traffic. here is steve. >> hello, temperatures 60s for almost everyone long the coast. inland 70s, but areas 80s and threes yesterday, not today. there is see breeze that spells

cooler today after the fog burns off. now here is sal. >> traffic is moving along okay on westbound 80. no major problems there. the traffic continues to look good. also the morning commute is okay on highway 4. we were looking for a stalled truck reported. we can't find it. traffic on highway 4 actually looks pretty good going over to concord. now at 5:29. let's go back to dave and claudine. >> a federal judge in san francisco has reached a decision on whether to uphold or overturn proposition 8. california's ban on same sex marriage. the u.s. district judge vaughan walker says he is going to issue that ruling between 1:00 and 3:00 this afternoon. it is in response to a lawsuit filed by two same sex couples and the city of san francisco. attorneys on both sides say they will appeal the ruling if it doesn't go their way. it is expected that this case will go all the way to the supreme court. stay with ktvu channel 2 news and ktvu.com for breaking news on the judge's decision. we are going to bring it to you

today on air and on line when it happens. >> 5:30. a bomb scare caused authorities to evacuate dozens of homes in san jose overnight. this all began yesterday afternoon with a call from a resident. he told the police his roommate had an explosive in their home. well, about 20 to 30 residents were evacuated from their homes while police tracked down this suspect. the man surrendered just after 10:00 last night, allowing a bomb squad to go in and search his apartment. >> the bomb squad was called out here. they searched the area. nothing hack found manned the residents have now been allowed to go back home. >> now the evacuated residents were allowed to go back about 1:30 this morning. the suspect, a 54-year-old man suspected of having the explosives was not arrested but

he is being questioned by the police. >> oakland police are searching for a bank robber who they say has hit the same bank twice. we do have a photo to show you of the suspect taken yesterday during the latest robbery. there it is right there. police say he is 25 to 35, about 5'9" tom and weighs about 180 pounds. investigators say he first struck the wells fargo branch on june 29th. the same branch they say he robbed yesterday morning. there is a reward for any information leading to his arrest. >> 5:32. police in menlo park want your help this morning looking for two gunmen who police say carried out a hope invasion robbery. heres a some of the police sketches of these two suspects. take a look at them. police say they got into a home saturday morning on san mateo drive. investigators say one man held a woman resident at gunpoint while the other one took an iphone from another woman and then escaped. no one was hurt. the only item taken appears to be that iphone.

one suspect is described as latino, in his 30s. 5'10" tall has a 39 bi.d the other described as latino in his late 20s, 5'5" and said to be heavy set. well federal prosecutors are dropping charges against an oakland man accused of groping a 14-year-old girl on a delta airlines flight from atlanta to salt lake city back in april. that 39-year-old suspect had been charged in utah with abrucesive sexual contact. the attorney connected to the case says the girl gave differing accounts of what happened and neither nearby passengers nor flight attendants say they saw the groping the girl claims happened. >> 5:33. amtrak tells ktvu that the tracks are clear and the trains are running after a major freight train derailment in west oakland near the macarthur maze yesterday afternoon. allie rasmus is at the

emeryville station with important information for commuters this morning. >> reporter: good morning. yeah, passenger and freight trains are back up and running again this morning. amtrak spokespersons tell us that they cleared these tracks shortly after midnight last night. that was about eight hours after yesterday's derailment. now that derailment happened about a quarter mile west of here between the emeryville station and jack london square. union pacific spokesperson say what happened was that two empty rail cars tipped over. now they had to shut down the tracks to clear everything up. the first capitol corridor commuter train pulled into this emeryville station around 4:40 a.m. right on time and we watched a couple of early morning passengers hop on board but it was definitely a different story for commuters yesterday evening. several capitol corridor trains were either cancelled or delayed and amtrak had to bus passengers between the enotherville and oakland stations. >> 8:20 to catch the 8:30 train. that is not going to leave until 9:45. >> we are pretty tired. we want to get home.

>> no, i am not mad right now. >> well, it was a derailment, you know- >> -- do -- >> -- do -- >> -- first place and we also asked human commuters were affected by the derailment and those cancellations. for more let's go to sal. >> right now the morning commute looks okay. we don't have a lot going on. this is highway 4. we had a report of a stalled truck at willow pass road. we looked for it. turns out not the be there so traffic is actually doing very well and here comes bart. bart is okay. bart is on time driving -- or riding on the trains there. should be a pretty nice ride for you. also the morning commute looks good on 880 north and southbound right near the coliseum and if you are driving

on the san mateo bridge a little bit of fog there. it is kind of foggy out to foster city but for the most part it is a decent drive but you can tell it is foggy you can barely see the taillights here at the toll plaza. 5:35. here is steve. >> thank you, sal and it is indeed foggy and more of a sea breeze, travis up to 24, gusts to 36. they are overcast. santa rosa is calm. everyone says cloudy except them and fog and mist out there. we do have drizzle. the tropical part of the clouds that were kind of flirting with southern california looks like there is a back end to this. we are not going to get any of this. it does not appear to be happening in our direction.

a system drops from the north that will impact us over the next 3 to 4 days. 52 in the city. 55, 59 your highs, 62 still will below average for this time of year. there is san francisco 63. now 62 today. oakland from 70. fog burned off about oh, 10:45 or 11:00 yesterday. 59 san jose. everyone except concord says cloudy. livermore though says cloudy. they are both 55. 51 in eureka. the cloud cover starting to pushoff as another system will settle in. it is going to carve itself out and keep us will be lowe average temperatures. fog, mist, gives way to sunny,

cooler conditions. windy at times. especially in the usual suspect areas that -- from sfo over san pablo bay and out to the delta. so fog, sun, cooler into friday, the weekend below average temperatures, sunny inland, fog by the coast. >> 5:37. still ahead we now know more about that deadly shooting rampage at a connecticut beer warehouse, including information about a possible motive. >> good morning, westbound bay bridge toll plaza looking pretty good here getting into san francisco. we will tell you more coming up. you want some fiber one honey clusters?

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♪[ music ] >> good morning. low clouds, fog and mist. a little bit more of a sea breeze today so inland areas

will cool down. low to mid 80s but closer to the coast a lot of 60s and again low to mid 70s. >> steve, thank you. welcome back. good morning to you, here is a quick look at some of the top stories we are are following for you right now at 5:40. this afternoon a judge will announce his rule in on proposition 8 which banned same sex marriage here in california. whatever the decision is both sides have said they will appeal. bp oil says the static kill effort to plug up that well appears to be working. a new assessment finds 75% of the oil has either been captured, burned off, evaporated or it has broken down. we are going to know in a couple of hours if ac transit's drivers will be back on the job in full force today. the district says 15% of its work force called in sick yesterday in the midst of that ongoing contract dispute. ac transit and the union are set to begin arbitration later this month.

>> we are learning more about the gunman who went on that deadly workplace shooting rampage in connecticut. the gunman omar thornton was a driver for a beer distribution company. he was going to a meeting with management yesterday when he opened fire. eight people were killed and two others wounded before he killed himself. the company says he was calmed in because he had been caught on video stealing beer. his family says he faced a lot of racial harassment at work and snapped. union leaders deny those claims. >> today a group founded by the reverend pat robertson says it will file a petition against a commission in new york city that cleared the way for the construction of the mosque just two blocks from ground zero. yesterday the landmark's preservation commission refused to grant landmarkto a building the developer wants to tear down in order to build an islamic center. critics are saying that would disrespect the memory of those

killed at the hands of the islamic terrorists back on september 11th. the san jose city council has decided to let voters decide whether to impose a tax of up po 10% on medical marijuana. if the voters approve it san jose would have the highest medical marijuana tax in all of california. cannabis club owners call it excessive. they voted to put it on the ballot. also today san jose city officials and representatives from their firefighters union will go back to the bargaining table. they are trying to find a way to bring back at least some of the 49 firefighters laid off over the weekend. >> sara spa lynne's daughter bristol is calling off her engagement again to levi johnston, the father of her son. 19-year-old bristol palin said she cancelled her pending marriage after johnston told her he may have fathered a baby with another woman. and she say the last straw was when he said he was going to a

hunting show but was actually shooting a music video that made fun of her family. in an interview with people magazine bristol said johnston is obsessed with the limelight and in her words she feels she got played. opening statements are today in the anna nicole smith's case. they are accused of giving her large ats of drugs before she died. at a preliminary hearing last year they pleaded not guilty. smith died in 2007 from what was ruled an accidental overdose. if convicted the three could face five years in prison and the doctors could lose their medical licenses. >> your time now 5:froample computer security experts are daij with a new threat by hackers targeting power plants and other critical operations. a worm was designed to take advantage of an operating system's vulnerability to get

into software designed by a company. that worm has tried to infect as many as 6000 computers just since july 15th. both companies have released updates to their programs. >> 5:44. let's head right back out to sal castaneda who is watching the roads for you this wednesday morning -- [overlapping speakers] [ inaudible ] >> -- you are -- >> -- sal -- >> -- keyboard here, good morning -- >> -hard, sal, i know -- >> -- go outside and take a look at what we have with the east shore freeway. we are going to start there and traffic is getting busy. it is kind of a busy one heading out to the macarthur maze with no major problems. at the toll plaza a light commute but it seems like that lot of people are out there. as i check with chp not too much going on. a couple of cars that broke down, that kind of thing but they usually end up making it to the shoulder. southbound 101 they are clearing an accident to the shoulder. that should be gone soon and a

new crash just came in, 237, a new crash came in on east palo alto and eastline university. a hit-run accident with injuries and they are checking that out right now. 5:45. let's go to steve. >> thank you, sam. good morning. more fog, low clouds, a cooler day. a pattern is setting up. warm air aloft. fog is around 15 00, 1800 feet but some of it is down on the deck and a lot of mist as well so once that burns off should be later today than yesterday. we had a little warm up but the sea breeze is already showing itself up to the delta and it is a much stronger today than it was yesterday. now much change along the coast just -- just simply too much fog. what was there in july has carried into the first week of august, 52 in san francisco, a high, 62, that is one more cooler than yesterday when it was a whopping 63. i guess in 1998 it was hot around here back-to-back days because again for two days in a

row santa rosa said 106 and san jose 103 in 1998 but san francisco says no-no no, ours was 83 in 1947, so there you go, sometimes these records i kind of -- i say that just doesn't seem right but anyway there you go. 62 san francisco, 67 oakland, all below average. santa rosa 77, mountain view 73. they should be 78. san jose, which did manage to get close yesterday at 82, was out towards reed hillview airport by the way month so than downtown, 73, they should be 84, santa roughs a napa 52. and san jose the warmest 59, been that way for a long time. 80s on the desert low to mid palm springs and vegas, 50s up and down the coast or 60s once you hit san diego, but sacramento cooled up after yesterday's warm up. take two to four off the high.

the system will carve itself right out over the west coast and that will lift that fog and mean cooler weather for inland areas tomorrow and even towards the end of the week, fog and mist, sunny, cooler. 60s coast and 70s bay side and 80s low to mid and a few upper if you are up in lake county probably still 90s but even cooler weather on the way for inland areas as we get to thursday and friday and stays below average as we go to the weekend claudine and dave. >> they made a large profit after suffering a loss during the same time last year. toyota boosted its annual forecast based on that report. price line.com reports second quart sales climbed 27% to $767 million dollars, the second largest on-line travel agency says strong hotel sales are behind much of the boost. price line says hotel room bookings through the website were up 48% over the previous

year but growth in airline ticket sales and domestic rental cars was small as supplier reduced their capacities. barnes and noble is putting itself up for sale. there is no timetable set. they believe their stock is undervalued after falling 45% in the last year. [ inaudible ] >> -- join an investor group to buy the company. >> time now 5:48. it is literally a tsunami in the sky. ready or not we will tell you why a major storm on the surface of the sun will effect life for us here on earth. >> plus the gift recipient barry bonds may want to send back. details coming up.

waives of radioactive gas from the sun are hitting the earth for the next couple of days after the latest solar flare. this animation right here shows how that radiation is being sent harmlessly around us as we are being protected by the earth. [ inaudible ] for the first time a state

board has adopted a criteria to finding out just how much water must flow from the delta to the bay in order to have a good ecosystem. the board says that diverting 50% of the delta's fresh water is not sustainable to maintain the nature's balance in sacramento's san joaquin delta. while water agencies are disputing that report, environmentalists say it will promote a better balance in the delta's delicate ecosystem. >> 5:53. several bay area projects are being tar getted. they say the projects are wasteful, missouriinged and jailed to create jobs. a study convicted in san francisco is number 6 on that list of 100 stimulus projects they consider wasteful. the academy has received almost $2 million to send researchers

overseas to photograph and analyze thousands of exotic ants. >> the laws say this is a worthwhile project. it was supposed to create jobs. it does not. >> also included in that report is a uc berkeley study that is using almost half a million dollars in stimulus money to research the atmosphere of neptune. the report also mentions a project by san francisco based pacific environment. that non-profit group is getting almost $200,000 to assist indigenous siberian communities working with russian policymakers on environmental issues. now a white house spokesman called the coburn-mccain report not credible. that spokesman also pointed out that an advice other of mccain's on presidential campaign recently said it prevented a fa more severe downturn. some of the members of the national association of black journalists are not happy about

a $20,000 donation. it came from a charitable foundation created and controlled by barry bonds. and since barry bonds is still in the middle of the controversy over the steroid allegations some members say journal efforts should keep their distance from him. the association board says the money bill be used for an annual award promoting in tray per nurl spirit. >> all right. time now 5:fore. let's head right back out to sal. sal is checking the traffic for us out in the south bay. good morning, sal. >> you are very good at knowing what i am doing. good morning to you. okay. so i am in a goofy mood. there is not a lot going on. we need to look -- let me turn this police radio down, it is throwing me off -- [overlapping speakers] [ inaudible ] >> -- by low fog. not here on the sanol grade but it is foggy on the san mateo bridge.

it is foggy along the coast and if you don't like driving in fog it might effect you, especially if you along along highway one, pacific a, san francisco and parts of marin county. let's move along to one more thing, this is a look at the bay bridge so all the pictures i showed you were absolutely clear but you will run into fog in the west bay. at 5:55 let's go back to dave and claudine. >> all right. and in the heart of oakland  there is a three and a half acre garden oasis located at the top of the kizer building and is now available to the public for private events. [ inaudible ] >> -- weekday business hours. the rooftop garden can now be rented for weddings and other events. >> you end up with an amazing incredible event space that is completely private and is off the street and even without any musk or anything you really don't hear any sounds from the street be low. >> well, it has a 150,000 square feet of flowers, trees, palms and bridges.

prices start at 2000 dollars a day for a saturday or a sunday. it was originally built in 1960. >> your time now 5:56. in san francisco the redevelopment of the old hunter's point shipyard and canel stick point took another major step forward. san francisco march's signed 12 pieces of legislation that covers various aspects of that project. this happened yesterday. it has been in the works for three decades and has involved hundreds of people. the mayor says thousands will benefit. >> we are talking about 12,000 direct jobs, upwards of 13,000 indirect jobs, all told 25,000 jobs will be impacted through the build out of this project -- [ inaudible ] >> -- include thousands of housing units along with retail businesses, a hotel, arena and

parking spaces. >> coming up dozens of residents were evacuated overnight. we will tell you more about it. >> also a major court ruling on the same sex marriage law is expected today. we will have a live report on it. >> good morning. foggy. misty out there. cooler today. how much cooler? we will have those forecasted highs in two minutes. send comments to comments@captioncolorado.com captions by terry james, caption colorado, llc. with blockbuster on demand, this does hit films on a 4.3-inch screen so big, the way you see them will never be the same. introducing the new droid x. pre-loaded with blockbuster. the next generation of does.