the air day. >> a welcome sight, cooling with fog across the golden gate bridge. traffic is light everywhere. so far no accidents. >> good morning, everyone. it's 5:00 on this wednesday morning. nice to see that fog out there. thanks for joining us. i'm eric thomas. >> i'm kristen sze. california voters have a clearer picture today of their two main choices for governor. last night democratic jerry brown and republican meg whitman drew a sharp contrast in their first of three debates. >> even though their styles are different, the two actually have several things in common. candidate jerry brown and meg whitman went into their debate in a virtual tie and came out virtually the same way. the polls have yet to be released. on the issues they also agree. both would protect colleges and universities from higher fees. both would enforce the death penalty. the debate lasted just under an hour at u.c. davis.

the first question was how they would fix california's dysfunctional budget. >> first of all you gotta live within your means. i mean, they started spending money, we had a boom and wall street was going and dot-com and all that, then it collapses. well, you gotta reset. reset 15%, 18%. i authorized by my legal opinion an 18% reduction in the governor's salary, the legislators' salary and my own. >> we need to he will -- eliminate the factory tax. i want to streamline red tape and have an economic development team that will get california competitive with other states. >> during the debate, billionaire former e-bay ceo meg whitman stayed close to her talking points where a season sonned politician had a more light-hearted approach. when he was asked about his desire to run for president? >> what assurances can you offer voters that this time around

should you be elected you would focus on this job? >> age. (applause) >> hell, if i was younger, you know i'd be running again. >> a total of three debates are scheduled before election day on november 2nd. the next debate is this saturday in fresno. eric? >> jenelle, thank you very much. it's 5:02 now. it looks as though california's first execution in five years will not take place at san quentin this week and maybe not this year. a federal judge has changed his mind and put off tomorrow's scheduled lethal injection for albert brown. terry mcsweeney is at the u.s. 9th circuit court of appeals in san francisco. terry, how does the appeals panel today figure into things? >> attorney general jerry brown's office wants the execution to go forward so representatives of his office will be filing here at the 9th district court of appeals today. now, that's because the u.s. district judge jeremy fogel reversed his own decision from last week. that previous decision that the

execution could go forward as long as death row inmate and convicted killer and rapist albert brown had a choice of execution, either one shot or three. they said the one-shot method is not authorized in california. and the procals he objected to in 2006 may still be flawed. >> they say that what's called the consciousness review where somebody actually looks at the inmate to determine whether in fact he's become unconscious is inadequate. >> albert brown was convicted in 1982 for raping and murdering 15-year-old riverside county teenager susan jordan. a supply of pentothal that has an expiration date of friday, that's why his execution has to occur on thursday if it's going to happen before next year. that's when is a new supply of the drug would be available. judge fogel says his review could take months. the attorney general's office is

expected to file today to try to get the execution in possibly at its previously scheduled time, 9 p.m. tomorrow night. live in san francisco, terry mcsweeney, abc 7 news. >> terry, thanks a lot. 5:04. state legislative leaders insist budget negotiations are continuing at the staff level despite the cancellation of a big meeting between the big five. closed-door negotiations to break the record-long budget impasse were called off yesterday afternoon. a spokesman for the governor blamed union leaders are blocking pension reforms which she says are needed for solving long-term problems. they'll reconvene once they're staff works out some of the budget details. >> u.c. berkeley is cutting sports to save money. students were surprised to learn as of next year there will be no cal baseball. the school is also cutting men's and women's gymnastics and lacrosse. rugby will remain a varsity

sport. state budget cuts and rising costs in the athletics department forced the decision. >> we went two years without hiring faculty. we went a fear with furloughs where we laid off 500 long-paid workers which we hated to do. we could not justify university support of athletics at the level of 10 or 15 or $20 million. it's not possible. >> hopefully it works out for me. wasn't a cookie cutter idea coming into berkeley but somehow make the best of it this year. >> the cuts affect 163 of cal's 814 intercollegiate athletes including 13 full-time coaches. the university will honor all the current athlete scholarships. >> the hard-hit city of vallejo is taking a new hit this morning. 7-up is closing its bottling plant there. 90 jobs will be gone as of mid-october. the plant has been in operation 60 years. the work will be picked up by

7-up facilities in san leandro, and sacramento. it's aimed at serving customers more effectively. >> smokers in contra costa will face some of the most stiff smoking restrictions in the state area. they have approved an ordinance that will prohibit smoking on patios and balconies, also smoking inside apartment units built after the first of next year. the new law also applies to medical marijuana. the ordinance includes language to protect landlords from liability as long as they meet all the requirements in the smoking ban. >> the agency has rejected the state's request for millions of dollars in federal aid for victims of the san bruno disaster. fema says the costs should be covered by state and local governments as well as pg&e but fema will reimburse the state for up to 75% of the

firefighting cost. jackie spears says she thinks the state will appeal fema's decision. $4 million they asked the state for. >> those hot temperatures. >> yeah. i kind of enjoyed the pool days. however, i think we might get the best of both worlds, cooler but still pool time? >> yeah, good way to explain it. still warm in a lot of areas. good morning to you, the fog as frances showed you was at the coast. that's the biggest cooling, 64. some will spill into san francisco, 74. low to mid-80s the east bay shore. we hit the 90s as you head into the south bay, the north bay valleys and mid to upper 90s in the east bay valleys. where we'll see cloud cover and cooler conditions down to the south, monterey about 68. 79 santa cruz but mid-80s watson vil, salinas, morgan hill, gilroy and hollister. ought to be a beautiful evening to be out at at&t now that we

have a two-game lead on the padres. 7:15 first pitch. it's going to be slightly warm, 70, dropping to 63. look for increasing clouds as the game unfolds. seven-day forecast, 5 to 10 degrees cooler again tomorrow like we're dealing with today. we'll see about another i'd say 4 to 6 degrees of cooling by sunday. temperatures over the weekend with morning clouds and afternoon sunshine. we'll be around 80 inland. mid-70s around bay, 60s at the coast. more road work. >> yeah, i'll have that in a minute. i want to show you a shot of the golden gate bridge again only because this is the first time i've missed the fog all year. a few minutes ago we saw bridge crews make their way across changing the lane configuration to four lanes southbound. no delays. here's a live shot of the san mateo bridge. if you're heading across the bay to and from the peninsula,

traffic is fine. it's also looking good on the dumbarton bridge. here's the road work i wanted to talk about. for folks heading in and out of half moon bay, there will be a lane blocked on highway 92 as you made your way up skyline. that's scheduled to 6:00 this morning. plan on a little extra time or wait until after 6:00. eric, kristen. >> thank you very much. she's got her fog back. >> and she's happy for it. i know. a new report reveal how to make reading more fun. even more fun for kids. the solution may be too pricey for a lot of parents. >> also coming up u.s. marines find themselves in a battle for their lives after a surprise attack in afghanistan. >> plus just saying no to the feds. the bay area county tried to keep immigration off its fingerprint file. >> when candy and flowers

>> closed captioning brought to you by mancini sleepworld.

welcome back. it's 5:12 this wednesday morning. the city attorney a step closer to closing a nightclub at fisherman's wharf. a shooting outside club suede voluntarily closed the club after the shooting. a judge granted an order that will keep suede closed until the lawsuit against the club is resolved. city officials had feared the club's owners might try to reopen. >> santa clara wants out of a federal program that tracks illegal immigrants when local law enforcement fingerprints them. the board of supervisors voted unanimously to opt out of the program. it creates fear among immigrants that if they come forward to cooperate with police, they'll get deported. some people argued against the action. >> it will cost the county an unknown amount of money once

immigrants are offered safe haven in santa clara county. >> we have a lot of legitimate issues and reasons here in santa clara county for standing up and saying that we respectfully reject the invitation to participate in this program. (applause) >> for now the vote is symbolic. jerry brown has already turned down san francisco's vote to opt out saying it's important to work with federal agents on the children. >> a stu study finds children open to emerging concept of e-books than their parents. the reading report released this morning finds more children think using the devices makes reading more fun. but a majority of parents are not planning to join the digital revolution. six out of ten youngsters between 9 and 17 are interested in reading on the kindle or i-pad but parents have no intention to buy one.

>> are you tired of virtual gifts that friends sent you. do you want something that exists in the real world. a new service makes it possible for friends to use facebook.com and cellphone to send each other vouchers for drinks at bars. they each pay $1 plus the drink. it combines online and real world social lives to make money. a web tab is behind it. right now the service is only available in the city. but already has plans to expand to 17 more cities in the next few months. >> oh, yeah. ever seen that virtual cold frosty beverage and thinking wouldn't that be nice in real life. >> in real life. >> yeah. >> mike? >> notable able to grab it. >> that's why they're doing this. >> you send the voucher and then they actually can go for a drink. >> last couple days that would have been really nice. >> ice cold beer? >> yeah, yeah. still hot in a lot of areas

today. show you what's going on 5:16 this morning. kinds of thirsty now. hungry, too! this port of oakland, looks kind of quiet. sure a bee hive of activity in the next couple hours. let's talk temperature speaking of oakland. 65 degrees now. also in concord. mid to upper 60s for san rafael, fairfield. also antioch, livermore, san jose, mountain view and redwood city if i didn't say it already. 76 fremont, 78 los gatos. look at half moon bay, 50. the cooling has hit the coast. we're just waiting for it to shoot through the golden gate and start to work through the bay area which it will do later today. for the monterey bay, mid to upper 50s as you head inland. salinas at 56 and gilroy about 61 degrees. high clouds today. not nearly as hot as yesterday. clouds, they'll be at the coast again tonight. mostly clear around the bay. may see a few clouds leak through but won't be a complete overcast as far as seeing the marine layer return.

so probably the weekend. the cooling did continue through the weekend. south bay we still have a wealth of 90s from cupertino, san jose at 91, campbell 94. saratoga and los gatos, 96 and 98. everybody else in the upper 80s. on the peninsula, mid to upper 80s for you. milpitas 79. mid-60s at the coast. mid-70s downtown to upper 70s in south san francisco and also sausalito. you see the clouds trying to creep along the coast there. wouldn't be surprised if some of that does make it cross the golden gate bridge. petaluma and vallejo and low to mid-90s the north bay valleys. ukiah, 100. 80s oakland through fremont and castro valley. air conditioning weather once again, mid to upper 90s. wonder be surprised if brentwood hit 100 once again.

hollister near 90. increase in clouds, a little breeze will keep monterey and caramel upper 60s and santa cruz 79. clouds start to push into the bay. more mid to upper 50s this morning. low to mid-50s hanging on to the south bay and east bay valleys. seven-day forecast, lose about 5 to 10 degrees today, lose the same amount tomorrow, hold steady friday. look for thicker clouds in the morning and a stronger breeze that will cool us back to near 80 inland by the weekend. mid-70s around the bay. near 60s at the coast. have a great weekend -- or day, excuse me. not the weekend yet. >> we're looking forward to the weekend, too. you can look forward to this morning's drive. quiet are a live shot, 680 walnut creek. no delays southbound there through the san ramon valley and it's only a 15-minute drive as you make your way to the dublin interchange. let's check out interstate 80 in berkeley for headlights moving

westbound. the drive time now is 19 minutes from the carquinez bridge to the maze. and, of course, still no delays at the bay bridge toll plaza. south bay we'll check out the ride through the 101 and 880 interchange for headlights moving northbound looks great out of morgan hill. and also 101 continues to be nice and smooth this morning as you make your way here past millbrae into san francisco. you can get the latest traffic information and sign up for personalized drive times by going to our website. abc7news.com is the place to go and you'll find it under the bay area traffic link. >> thanks a lot. >> dramatic video of u.s. marines caught in a fire fight with the taliban in afghanistan. >> the search for victims of a huge mud slide in mexico. why the death toll may not be as great as first feared. >> and blink, you might miss it. the train china says is shattering speed records.

our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us. ts from chase sapphire preferred are worth 25% more on travel. we're like forget florida, we're going on a safari. so we're on the serengeti, and seth finds a really big bone. we're talking huge. they dig it up, put it in the natural history museum and we get to name it. sethasauraus. really. your points from chase sapphire preferred are worth 25% more on travel? means better vacations. that's incredible.

believe it...with chase sapphire preferred your points are worth 25% more on travel when booked through ultimate rewards. welcome back. it's 5:23. the pentagon says no marines why r were injured is when a patrol came under attack in afghanistan. it was west of the capital city of kabul. they were conducting a sweep when they came under fire in at least two locations (gunfire) >> echo company called for backup including an unmanned drone. >> coming going north on 8 go approximately 200 meters and

you'll be able to get into the village. >> hey, watch yourself! backflash! >> the taliban eventually retreated. definitely a look at what goes on on the battlefield. >> in mexico authorities say there were no confirmed deaths, only 11 reported missing following a landslide in the southern state. officials are backing off earlier estimates of possibly hundreds of victims buried or dead from yesterday's landslide. mud covered two house and partially buried two others. another 30 hourses are in the path of the slide and considered under high risk. it collapsed after several days of heavy rains in the aftermath of a hurricane and tropical storm that hit mexico and central america. >> good news for those chilean miners. the drilling effort has speeded up and officials say they could be pulled up nearly a month ahead of schedule before

mid-october. rescuers are drilling through hard rock where rocks collapsed and blocked the exit. the first rescue has arrived and they are setting up a field hospital and media area. >> running the world's fastest train. the country's high-speed set a new record in trial runs at shanghai posted at 259 mph. the train's normal operating speed will be closer to 215, 217 mph when it goes into service. china's currently building 110,000 kilometers of new high-speed train track. that's cookin'. 259? uh-huh. >> that much closer. >> if you blink, you'll miss it. >> meg whitman and jerry brown mixing script and humor in their first debate.

answers to the problems facing california in a live report. >> it's not supersurprising to hear of someone littering the sidewalk with say trash but a 300 pound animal? i'm theresa garcia live in san leandro. we'll let you know about a bear found on a city sidewalk up ahead. >> the antioch city council makes a decision on wal-mart's plan to expand in that community. >> the hottest part of the country continues to be california towards phoenix at 105 with some of that warmth moving up to portland, 81. the rest of the country fall-like and quiet. the rain hunging the east coast. bearing down on charlotte, d.c., new york and boston. could be delays later this afternoon.

the file on david harmer isn't pretty. a corporate lawyer for a credit card company fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right. i'm jerry mcnerney, and i approved this message.

♪ good morning, everyone. i'm jenelle wang. game on. i'll bring you the highlights of last night's showdown between

gubernatorial candidate meg whitman and jerry brown. >> the antioch city council approved a controversial plan by wal-mart to create a new supercenter. >> and good news. cleaner air moving into the bay area and cooler air at least at the coast. the rest of us warm to hot today. i'll show you when the warm weather will subside in your neighborhood. >> and traffic is light this morning. the thing that might surprise you is the fog you'll find across the golden gate bridge. i'll also have some road work to tell you about coming up. >> a bear of a mystery in san leandro. authorities search for the people who left a dead bear outside a market. thanks for joining us. i'm eric thomas. >> i'm kristen sze. california plans to appeal a ruling that's blocking the state from executing its first death row inmate in nearly five years. a convicted murderer and rapist has ordered his last meal but now he may get more meals for

months. terry mcsweeney is live with the latest. >> attorney general jerry brown wants this execution to go forward. representatives of his office are expected to be filing down here at the 9th circuit court of appeals at 7th and mission street in san francisco trying to overturn yesterday's stay of execution. albert brown's life may have been extended by several months when federal judge jeremy fogel issued a stay because he's not sure the improvement of the execution process he ordered months ago or rather fewer yourself ago have been put in place. opponents are asking what is the rush to execute albert brown? >> assuming all this gets figured out, you can go ahead and kill him in your nice new execution chamber. >> the state's appeal will try

to get the execution back on track and there's a time limit on this. the lethal injection potion hassen expiration date on friday and there will be no more available until next year. judge fogel's review is going to take months. if the attorney general's office is not successful in its appeal, mr. brown will have months to live. they've gotta have a decision by tomorrow or it will be months before they can execute mr. brown. >> terry, thank you. it's 5:31 now. it'ss morning after the first debate in the hotly contested race for governor and the score cards are coming out this morning. the clash was a candidate of political experience versus a candidate of business success. abc 7's jenelle wang is here with more. >> eric, the polls are not officially out yet but people who watched last night's debate said the two candidates came out in a virtual tie. the first time voters had the

chance to see whitman and jerry brown go head to head. the third highest unemployment rate in the nation. they talked about creating jobs. >> targeted tax cuts. i want to eliminate the factory tax. it penalizes manufacturers. if we lose manufacturing, we will lose the soul of our state. >> i have a specific plan. it's not to give a $5 billion tax break to myself but to the billionaires and millionaires. my plan is to invest in clean energy, the tech of the future. >> the styles of the two candidates were completely different. billionaire and former e-bay ceo 54-year-old meg whitman stayed close to her talking points where veteran politician, the 72-year-old jerry brown had some unscripted moments, at one point saying he would stay focussed at governor because he's older and married. >> i come home at night. i don't try to close down the

bars of sacramento like i used to do when i was governor of california. >> the two did agree they would protect colleges and universities from higher fees. both would be tough on crime and enforce the death penalty. brown faces citizenship for those in the country illegally. the first of three debates before the november election. the next one is in fresno on saturday. >> thanks a lot. it's 5:33. an 8th person has died as a result of the natural gas pipeline explosion in san bruno. james franco was critically burned in the explosion. he was taken off life support sunday at ucsf medical center. he rented a home three houses down from where the pipeline exploded. his friend of 44 years is making funeral arrangements. >> i'd say it's pretty dramatic when people disappear that

rapidly. you're never prepared for that. >> franco grew up in pacifica and loved to surf. he was generous and loyal. the home he lived in is slated to be demolished this week. >> wal-mart moving forward with a continental version expansion in an yonk. the city council voted to allow wal-mart to turn its store into a supercenter. they had concerns about the center bringing traffic, unfair competition and crime but ultimately decided they legally could not prevent it. wal-mart has been trying to spanned the store six years. antioch denied the project in july but reversed course when wal-mart threatened to sue. >> how did a bear shot dead-end up dumped near an east bay deli. theresa garcia live in san leandro with a story we don't see. >> not a common situation. we have reported on stories of

trash or even stolen goods, sadly even murder victims dumped places but never a dead bear on a city sidewalk. now you've got the state fish and game department investigating and it is saying that legally whoever shot the 300 pound adult male black bear is required to have a hunting license and to have shot the animal in an approved bear hunting zone but investigators don't think a licensed bear hunter would have dumped it on a public sidewalk. the bear carcass was discovered 6:30 sunday evening outside the market. it was shot on the shoulder and left lying on the sidewalk. one restaurant owner who came across the bear almost didn't believe what he saw at first. >> pulled in the parking lot. look, someone's passed out drunk. my son's like no, it's a dog. we got closer, i said it's a bear. >> he said it's a stuffed animal. i said no, a bear.

>> why here? i have no idea. >> county animal control officers removed the carcass. the stores at the strip mall were open and the sheriff's office said a witness reported seeing a white pickup leaving the bear's body there and speeding away. you know, california is in the middle of bear hunting season in certain parts of the state. we're actually not far from the regional park. but a park district spokesperson said bears do not live in the east bay so even more puzzling where that bear came from. >> it's a mystery, thank you very much. >> even a few degrees would be cooler. >> yes. i'm hip as we used to say in the old days. >> and now you just want that thing replaced. >> yes! both! (laughter) >> it's okay. it's okay. it was a fair shot.

(laughter) >> he does the temperature numbers, not the date on the monitor. >> you need all four tires to get home? (laughter) >> excuse me, i have to go move my car. good morning to you. ah, give a guy a ride to work at one point in time and all of a sudden you feel you can take potshots. look at all the stars. that's where we had record highs. one of the few place aware san francisco, 92. our record high yesterday was 95. santa cruz at 96. just about everybody that's in official reporting stations set a record high yesterday. today things are as hot -- won't say cooler, aren't as hot. low 90s in the north bay valleys. mid to upper 90s in had the east bay valleys. low 90ss south bay. mid to upper 80s most of the bay but san francisco will drop to 74. that's pretty significant. oakland to 81. let's look at your accu-weather seven-day forecast. if you want to go for a jog, the

morning hours the best but during the afternoon mid-80s, mid-70s around the bay and low 60s at the coast and cooler for sunday and monday. good morning, frances. >> good morning, mike. still a great ride out there with a live shot of the bay bridge toll plaza. no delays. the last few weeks they've been turning the metering lights on about 6:20. that's a good time to go just before then. we'll check out the south bay and show you the 280 and 17 interchange. it's all looking great as well. these northbound 280 there and that's highway 17 across your screen. no accidents around the bay area to slow you down this morning. there's some road work scheduled on south 101 along the peninsula as you make your way from candlestick to oyster point. it's scheduled until 6:00 but they usually pick it up earlier than that. mass transit systems reporting no delays. not spare the air day but it's an option you might want to consider. eric, kristen. >> frances, thank you very much. it's 5:38. >> can't wait to see how you get

back at mike. police warn about a sexual assault suspect on the loose. why they consider him especially dangerous. (bells) >> also it's a major disappointment for fans of an only in san francisco tradition. coming up the missing players in this year's cable car bell ringing competition. >> and the bill getting a hearing today in washington that hearing today in washington that bay area we're headed up to oregon to visit my parents. the riveras are taking their first family vacation. [ dad ] hey, do you guys want to see the largest artichoke ever grown? [ kids ] artichoke! artichoke! they needed some tools to help them keep track of their spending along the way. wells fargo checking with mobile banking lets them check their balance wherever they happen to be. the widest one or the tallest one? the closest. the closest. well, if you got the 4-wheel drive, you could go down this road here. [ mom ] i think we're lost. [ dad ] it's ok. we'll find some other big vegetable. [ male announcer ] wells fargo. with you when life is mobile. ♪

>> closed captioning brought to

you by mancini sleepworld. good morning. it's about 5:42. san francisco police are looking for a recent parolee in connection with a violent sexual assault and robbery. the suspect 25-year-old has distinctive tattoos on his neck. police say the attack happened at noon yesterday in a housing development where the suspect lives with his grandmother. >> he subsequently entered another resident's location next-door, sexually assaulted a female about 45 years of age. robbed her, took about $1,000 cash and beat her severely. >> police say the grandmother heard the woman's screams and went next-door. she tried to stop her grandson but he ran. police don't know if he's armed. they say if you see him, don't approach him. call 9-1-1. >> congress begins a hearing this morning on a bill that could have a big impact on small

california wineries. the house judiciary committee is considering a bill that would allow states to ban direct shipping of wine to consumers. it would reverse a u.s. supreme court decision. it would allow other states require that wholesale distributors bring in california wines. large california wineries would probably get picked up by distributors but small wineries and internet sales could get locked out. they have contributed $2 million to congressional campaigns this year. >> something of a surprise at the 48th cable car bell-ringing competition. competitors boycotted it leaving amateurs to take their place. (bells ringing) >> and so where were the real bell ringers? muni gripman and conductors never showed in an apparent protest in union salary and orb

transportation issues. among them leonard oats had won the commission three times. he had a routine ready but said the union matters more. >> how hard was this decision? >> very hard. because a lot of politics. and i don't wanna get involved in politics. >> the transit workers union says it had nothing to do with the no-shows. >> not the same atmosphere with the amateurs doing it. 5:44 now. where you can get free ice cream tomorrow. where you can get free ice cream tomorrow. did you see him light up. >> one of europe's most famous landmarks. >> why residents don't want fast food fanatics driving in and out of their neighborhood.

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. we're coming up on 5:48. clouds gathering from eureka, 68, 77 big sur. may take sacramento 98. chico, fresno, the rest of the central valley the 100s. l.a. down to a comfortable 89 today. eric? >> all right, mike. thank you very much. it's 5:48 now. law enforcement officials around the world are working on credible but not specific terror threats this morning. a senior u.s. official tells abc news there is a credible threat of major series of new terror attacks on britain, france, germany and possibly the u.s. the information comes after questioning a captured suspect, german jihadist who said osama bin laden personally approved

the plot. they do not know details of the specific time or place of attack but they are on alert. >> the american authorities are extremely nervous about what are going on. the germans are nervous about what is going on. >> officials are looking for radicalized germans who may have been training in pakistan for a commando-style raid. >> in iran this morning trying to convince teheran to release the two hikers being held there. josh fattal and shane bauer have been jailed in tehran since july of last year. sarah shourd was released last week with alma's help. they say they crossed into iran by accident during a hike along the iraq/iran border. >> 5:49 now. what's good for pleasant hill isn't necessarily good for neighbors in walnut creek. that's the concept behind objections at a planning

commission meeting last night to building a new in and out burger on the pleasant hillside burger of walnut creek. it's not they don't like the burgers or don't want to see local businessless succeed. >> we understand the value and benefit to pleasant hill but what comes to our neighborhood is the traffic, trash and congestion. >> abc 7 was told the company would mitigate concerns by steering exiting cars away from neighborhood streets, taking drive-through orders face-to-face, building sound walls and hiring security guards. >> all right. you know what, a cold milk shake. that's what sounds good right now. >> on national coffee day? (laughter) >> food stories this morning. >> today is national coffee day. >> is it? >> i'll do a cup of coffee later on. medium rare. (laughter) >> 5:50 this morning. coffee, yeah. kind of warm out.

you guys drink coffee when it's this warm? >> iced coffee. >> yeah? >> yeah. >> i'll go for that. >> you'll still need water today if you're working outside. it's going to be hot once again in a lot of areas. but we do have not so hot weather in some areas. i hate to say the word cool because i think that insinuating it's going to be really nice. it's still a challenge for some of us. ballmer peak temperatures in the 80s. into the deeper valleys like the north bay, mid-50s. 57 san francisco and you see some of the cooling around half moon bay at 50. 76 fremont and 78 los gatos. the rest of us 60s. 60s monterey bay and salinas. about 61 gilroy. highlights, high clouds and sunshine today, not quite as hot as yesterday. coastal clouds, we'll see more tonight and some of those could spill into the bay but mostly clear. cooling though. it will continue through the weekend. we'll see our biggest drop probably saturday and sunday. for today it is a huge drop but we're still hot.

i mean, even though we're at 95 concord, yesterday was 103. san jose drops about 8 degrees, oakland, redwood city and san francisco. double digits, 11, 13 and 18 degrees cooler in san francisco. gotta get that sea breeze going for that to happen. it's lining up along the coast. as the afternoon wears on, we'll start to see some of the pushing of the wind into the bay and also into the monterey bay. you can see the cooler temperatures lining up along the coast. 80s and 90s will dominate inland neighborhoods. air conditioning weather once again the east bay valleys. upper 70s richmond and berkeley. low to mid-50s the rest of the east bay shore. upper 80s even 90s the south bay. mid-80s on the peninsula. mid to upper 70s downtown south san francisco and sausalito with upper 80s to low 90s through your valleys. near 90 morgan hill, gilroy, hollister. about 79 santa cruz, 68 monterey. the cooling trend will continue.

there you go, sunday, monday we'll go through the coolest days. temperatures nearly 10 to 20 degrees cooler than today. hi, frances. >> good morning, everyone. nice and quiet this morning. can't find any accidents to slow you down. there's a couple stalls reported. that's about it. a live shot of 680 at walnut creek. traffic looking good southbound. you can tell it's more crowded highway 24 the top of your screen. we'll check out the oakland maze for westbound 80 heading to the bay bridge. that's westbound 580 and northbound 880. no problems on all those freeways in the east bay. on the peninsula you'll find light traffic on 101 through millbrae. that's headlight traffic moving northbound to san francisco and it's also fine in the south bay. we'll show you a live shot of the 101 and 880 interchange and that's northbound 101 right underneath 880 there. the latest traffic conditions anytime by going to our website.

kristen. >> frances, thanks a lot. last night country music came home to the grand ole opry in tennessee. (cheers and applause) >> brad paisley kicked things off as the nation's longest running radio program returned to the venue, the opry house held its first performance since flood water inundated it in may. it took five months to fix the stage which was under 4 feet of water. the stage and audience seating had to be replaced. >> free mini vacations for vets and free ice cream for the rest of us. >> ahhhh! >> but the shape of b.p. >> here's jane king. >> free mini vacation for veterans and military families. hundreds of bed and breakfasts across the u.s. and canada are offering free rooms for them november 10th, the night before veterans day. more information for who is participating. some of us have to settle for free ice cream.

coldstone giving out free ice cream from 5:00 to 8 p.m.. the flavor that's free was created by a child's whose wish was design the give-away. it's mixed with graham cracker, pie crust and apple pie filling. the company's incoming chief executive kicking out the chief during the spill. hewlett-packard's not letting its recent sexual harassment scandal hold its back. dell which recently lost a bidding war with h. p. says it has a rhythm of how to acquire companies. i'm jane king with the bloomberg business report. >> 5:55. fliers will see something much smaller than jumbo jets taking off on the runways of sfo. 200 volunteers will walk the runways keeping an eye out for rocks, trash and pieces of junk

that can damage a jet engine. the 11th year the airport has sponsored its foreign object debris or fod walk. objects as small as birds can force airplanes out of the sky while causing tens of thousands of dollars in damage. >> if you just can't get by without your morning cup of coffee, eric, you are in very good company. see in a new survey from dunkin' donuts found one-third of american workers say they need a cup of coffee to get through the workday. we're talking about need, not just want. as for the workers most dependent, nurses at the top of the list followed by doctor and hotel workers. by age group it's young people ages 18 to 34 who most say they can't make it through the day without drinking coffee. and since this is national coffee day, every right to drink away. indulge. >> i'll drink to that. just ahead at 6:00, the budget protest that will leave more than 2,000 bay area children

without child care today. >> and an animal normally found in the woods has been found lying outside an east bay meat market. i'm live in san leandro. we'll let you know why a 300 pound bear was found out here

the file on david harmer isn't pretty. a corporate lawyer for a credit card company fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right. i'm jerry mcnerney, and i approved this message. but this is warm, fresh-baked strawberry toaster strudel. [ music ] see the difference? pillsbury toaster strudel, the one kids want to eat.

does it feel like home, day yet? in our new house! we'll take care of that. ♪ feels like home [ dad ] good morning. [ male announcer ] grands! biscuits. now we're home. [ male announcer ] it's just not home without 'em. ♪ >>