would be willing to give them another chance. >> now have questions about the refinery fire and why chevron diverted plumes from a monetary system. >> i want to hear the truth. >> the bay area air quality management outlawed this as a practice at refineries. still it can be used in an emergency with monitors nearby to detect pollutants in the air. the air district said that chevron had a pipe in place at the richmond refinery by passing the monitors. by law chevron was supposed to remove that pipe or monitor it and they did neither. >> they are continuing this because they have utilize this 27 times through 2005 and 2009. >> it was not discovered until 2009 when inspectors checking out another facility happen to notice. >> face all the firings of it went to the monitoring system to see how much it was. and the monitor was showing no flow. so they saw it visually, and i thought something was up. >> chevron remove the pipe in

2009 and 80 $170,000 fine to the air district. the company said it was used to legalize the line. >> there's a monitor on that floor 24 hours per day and the reason we could sure that that is because we had that that and openly shared. >> those are all manual adjustments that they make. so when they did operate as they knew they were doing it wrong .. >> it is disclosed locally but the epa is now investigating whether any of this amounts to criminal activity. the general manager maintains that safety is the number-one priority at the refinery, but could not answer why the pipe was in place and how it was used. >> i cannot explain, that is what the investigation will establish with the epa. >> but the original intent of this meeting was to clear the air about what happened and to let the public know why this happened. the general manager of the refinery is expected to tell the

public that i think there was a thinning in the pipe that essentially caught fire and had to inspect the pipe. but they missed about 5 ft. above that 200 ft. tight end that was the part that failed. >> such a small thing did so much damage. thank you. >> political protest or homeless camp? is there a difference? it turns out yes, especially if you intend to sleep there. the city of san francisco is removing the people living under 280 near the cal train station. this is certainly not the only homeless camp in town. there's a far more visible homeless in canada that is going nowhere. >> an interesting twist in san fransisco, a bit of politics and homelessness. this can hear, chp was supposed to be coming in this morning and clearing out but apparently caltrans does not have the manpower or the materials to seal the area off. it is interesting because there is another camp on market street

being handled slightly differently. here's the story. this is a homeless camp under interstate 280. this is another homeless camp in the middle of downtown san francisco. the one under the freeway is being told to move and the one on market street is pretty much being left alone. the three-freeway was shut down after a fire. but if you put a sign up and make it a political statement then it is not a homeless can't anymore. it is a free-speech issue. >> well, i think that is something that we are figuring out and i think that there are some questions that have come up as a result of that and i think that you have the police and the health department taking a look at that >> the city has no hesitation about the freeway camp. >> you have to establish that it is not safe to live under a freeway, it is not a good environment. >> that is not how these people feel.

>> this is the safest little community that we could possibly find. >> if they get kicked out? >> we will come back here, what no where else to go. >> if cops persist then it will likely end up >> pretty much on a doorstep. that is where they want to send us. >> the city will do everything they can to get these people into shelters, it remains to be seen where they wind up but it is interesting, this is a homeless camp, but one down on market street is a political statement and if you recall at justin herman plaza that political statements stayed up for quite a while until the police and city hall finally decided to do something about it. >> thankyou. >> a word officers responded to a bar fight ending in the killing of a suspected gunman. the fight happened early this morning at the dirty bird bart. cate caugurian is here with officers' thought they needed to pull the trigger.

>> a long stretch of road closed for hours as police gather evidence at two different crime scenes. hayward police say the first one started at the dirty bird lounge before 1:00 a.m.. >> calls indicated that there were shots fired inside of the lounge, and that someone may have been shot. >> that person was taken to a local hospital with non-life threatening injuries. witnesses say the suspect fled the scene and drove to this intersection. officers were able to spot a car matching the description and as they tried to confront the suspect things turned deadly. >> the driver quickly responded by reversing his vehicle directly at the officers officers recognized the imminent threat, of deadly force on them, they stopped the suspect's actions. >> officers opened fire at this car, killing the suspect. >> the motor vehicle being driven that you have to be viewed as deadly force and the officers responded appropriately. >> those officers are now on

administrative leave and the lieutenant says there are several details to sort out. >> these investigations take time, we are interviewing witnesses right now at the police department and the officers will be interviewed sometime soon. >> investigators are trying to figure out how the fight started in the first place and they say they plan on reviewing surveillance footage today from nearby businesses. >> restaurant and shop owners upset with hooligans that wreak havoc in the mission district. but they are also upset with police. as joe vasquez reports despite the mayhem, no arrests were made. >> you are looking at the lives it wellness center, a gym right here on valencia near 18th and you can still see some of the damage from the demonstration friday night, the owner here is one of many who expressed themselves to police today. san francisco police are hearing

it from all sides. demonstrators took to the streets two nights in a row to protest the fact that officers opened fire on a man thursday night. at a town hall this morning many applauded officers, especially after the man shot by police was identified as a 22 year-old, a recent parolee in prison for shooting two people including a 15 year-old innocent bystanders. police say that he pointed a loaded machine gun at officer but the cop quickly shot the gunman. >> make a mistake, that is a murder weapon, it was designed to kill more than one person. >> some say the cubs could have done more to quell demonstrations. >> projectiles, throwing things at policemen, and absolutely no rest? this is unbelievable. >> friday night our cameras watched as the mob slashed tires and busted out windows.

milton o'brien, owner of the jim said that the cost protected their own police station. but otherwise refuse to confront or rest demonstrators. >> that is unsatisfactory, impersonators actually telling these protesters that it is ok to do what they're doing, that they will sit at cannot do anything? san fransisco is a progressive city, but there needs to be a certain point where people are held responsible for their actions. >> we are back out here live, the police chief said cut his officers to confront some demonstrators, took away a hammer and other tools and one officer, he said, was actually injured slightly in the melee but he says that it is a fine line out here, they do not want to make matters worse to exacerbate the situation. that is the term that he used.

but they do want to make arrests and they're asking people to call into a hot line. they did not make any arrests during the demonstrations. >> it seems to a lot of business owners, from what i hear, that if they do not step in some time, it is just going to get so out of control and then have a situation that they cannot do anything about? >> and as you heard the owner of the gym say, it sends the message that it will never be confronted so come down to the mission, the chief says that he does not want to send that message. >> other bay area at lyons a san fransisco man suspected in a trio of disturbing incidents at san mateo schools, including an attempted kidnapping. police say that the 25 year-old assaulted and adopted a 9 year- old girl from our side elementary on friday. she kicked him and got away. investigators think that he is the same man seen lurking around two nearby schools earlier that day. >> the chp says a pedestrian hit

and killed on 680 walked out into traffic early this morning. but investigators have no idea why. at least two vehicles at the man near stone ridge road exit in pleasanton. the accident shut down the southbound lanes for three hours. >> jury selection began for the woman at the center of the san fransisco crime lab scandal this is file video of the 62 year-old deborah madison accused of stealing cocaine that was being held as evidence in 2009. she was a technician at the now closed laboratory, the theft led to the dismissal of hundreds of criminal cases. >> a debate that has lasted 80 years, the three strikes law considered to be the nation's most harsh when dealing with repeat offenders. some argue it is not right to mix non-violent offenders with violent ones. graced lee is here with details on how proposition 36 could make significant changes. >> if supporters of proposition 36 have it their way, three

strikes would be forever altered. their argument is that there are thousands in prison that do not belong there and it is costing taxpayers millions every year. >> as it stands right now in california, if you are convicted of three felonies, you can get 25 years to life in prison. the third strike could be any kind a felony, violent or not. >> the voters passed this law they wanted to focus on violent criminals. >> he says that was the intent but that is not what is really happening. instead the a lot is sending some to prison for life for cases that he says can border on ridiculous. >> that is to victims' rights groups want to keep locked up, people who are violent and dangerous criminals but not those that steal a loaf of bread, there are many different examples of people whose bold change from a parked car or went into a fast-food restaurants and filled it with soda instead of

water and they are serving life sentences at taxpayers' expense. >> a nonpartisan agency estimates that proposition 36 could save the state $100 million per year. >> that does not even address the victimization himself .. >> he lost his daughter in 1993 when she was taken from his home, he was a violent criminal and had been recently paroled the three strikes law passed in 1994 partially in response to outrage of this case. >> if we had had three strikes when pauley was alive, paul would still be alive, it is as simple as that because this guy had many strikes prior to getting out of prison. >> he says that he wants to keep the three strikes law as it is, meaning that he is opposed to proposition 36. the reason? he believes that three strikes works. >> if we take the very serious and violent guys and start putting them back on the streets, you can only imagine what kind of mayhem will ensue and that is exactly what will

happen if we repealed three strikes. >> you might remember there was a similar initiative on the ballot in 2004, it failed with only 47 percent of the vote. this year a recent poll and the california business roundtable shows that proposition 36 has a huge amount of support nearly 78%. but opponents say, look who'sainst majority of district attorneys and police office associations in the state. >> i am len ramirez in san jose where an elementary school principal accused of dealing in drugs was brain in court, coming up, the dating website that was used in the police sting operation. >> he spent almost 20 years in prison for a murder that he may not have committed. what led to his exoneration? >> lions live in cramped quarters and animal rights groups are speaking out about the

vo: for years, sacramento politicians have chopped away funds for our schools. today, we're forty-seventh out of fifty in per-pupil funding.

now these politicians say unless we send more tax dollars to sacramento, they'll cut education again. here's a new approach. prop thirty-eight sends billions in new education dollars straight to our local schools, and guarantees the politicians can't touch it. thirty-eight will restore the education cuts from sacramento. so remember this number. thirty-eight.

>> in the south bay, it is a school principal facing disciplinary action and possibly prison, after an undercover drug bust. the principal at montague elementary school is now facing drug charges after being arrested at 8 cal train station. len ramirez is in san jose with more on the tip that police received and the dating website that led to the arrest. >> that is right, drug agents with the state department of justice began looking into the principal's activity shortly after receiving a tip that he was dealing drugs and that a way to approach him to set up a sting operation may have been through a gate dating website.

the santa clara school principal eric lewis showed no emotion as he made his first court appearance on the charges that he was dealing drugs. >> he is alleged to have offered to furnish both methamphetamine and g 8 to speak to an undercover police officer. >> acting on a tip that the principle, for the last seven years, was involved in drugs the state narcotics officers set up a sting, one officer began chatting with him on a date dating website and arranged to meet him at 8 cal train station where he was arrested thursday night and officers then got a search warrant for his apartment with a found a cache of other drugs. >> quarter of an ounce of methamphetamine and 7 pills of an dna or ecstasy, and three or four vials of g 8 speech. >> that is also known as the date rape drug. >> i am in shock. >> the school community was blindsided.

>> he seemed like a very nice man. it totally caught me off-guard. >> working with kids, you teach them not to do drugs and stay away from that but then secretly that is what he is doing on the side? i am very shocked. >> school officials notified parents and explain to students that their principal had been arrested, although investigators seized his school computer for potential evidence, there's no indication yet that he was dealing or furnishing drugs while on campus. >> it is difficult because of the students certainly like him and respected him, and eyes think the message that we have given kids is that at times people make the wrong choice. >> mr. lewis will be back in court on friday for a bail hearing. he is currently being held on $25,000 bail here in santa clara county but as for the school, they have appointed an interim principal but this comes at a time when the school was on an upswing and mr. lewis is being credited for being a very effective principle. it is being called a tragedy all around.

>> >> a state lawmaker has been cleared of drunk driving charges. but it was not cheap. when the assemblyman robert hernandez was stopped by concord police back in march, blood test showed that he had a 0.08 local level. but a martina's .. found him not guilty after a seven day trial that included several expert witnesses hired by the defense. he tells the contra costa county times that the trial costing $15,000 and adds that the money was worth it. >> a judge in los angeles has cleared a former gang member of murder. 19 years after his conviction. there was cheering in the courtroom as the judge ordered the release of john smith. prosecutors said they were convinced their chief witness who recently recanted, had lied about the 1993 killing. but he had said that police pressured him to identify smith as the shooter. his grandmother mortgaged her

home to pay for the initial offense. >> i am happy. i am sad. but the part of me that was in there with him, i am free now to. >> the 37 year-old smith entered the courtroom in that prison jumpsuit but was released by the end of the day. >> a follow-up tonight on a story that we brought you about lions living in cramped quarters at the oakland zoo. voters are being asked to pay more to support the zoo. but if they do not then mike sugerman tells us that animal rights activist who sold his video say that the zoo should reconsider keeping the big cats. >> last week we showed you how the oakland zoo was campaigning to pass tax measure a one. a dollar per month parcel tax for 25 years, to fix up the oakland zoo animal quarters at no one park. which, by the looks of things really need to be fixed up. >> these cats are very

dangerous. but chain-link is my friend. >> the conditions are bad, but are they as bad as shown here? >> certainly the conditions that are shown in the video are unacceptable. to me the situation looks potentially unsafe for humans and certainly into named for animals >> we talked to catherine doyle who is in a group that is critical of the zoo, but she said that the oakland zoo is among the better ones that video made her shiver. >> you cannot tell a whole lot from a video often times. >> she is the director of animal care at the oakland zoo and she works with critical animal groups. she admits that it looks bad and the measure could help change that but she says it is not unsafe. >> the top priority is animal welfare. we would not bring animals to the zoo if we did not think that we could take the very best care of them. >> we believe that if a zoo is going to keep a certain species that need to be able to provide

for their physical, social, and psychological needs. if you cannot do that and you should not hold that species. >> the oakland zoo would love to give their animals more room and want to expand and there's plenty of room here in the park for an expansion but that plan is being fought by people who say that, among other things, more expansion would ruin the natural habitat of the park. and the tigers? no matter what their circumstance now, it could not be worse from where they came from and texas, kept in tiny closures 24 hours per day. if the measure fails then sue officials say they will still make improvements but it would have to raise rates and keep many people wait. what is the point of that? if this was not accessible to everyone? >> i want to know what to have to die of breast cancer. >> a medical breakthrough rewriting the book on how doctors treat breast cancer. details ahead. >> details on your forecast as well, all summer long san

fransisco only hit 80 degrees twice. find out which day this week we may likely do it again as the

>> it is time for weather. meteorologist paul deanno with a forecast that really depends on where you are.

we have a marine layer at the coast but that is not the vantage point i will show you first. the sunshine in vaccaville 87 degrees right now and crystal clear blue skies, contrast that with the view from the golden gate bridge, yes @ marine layer with ocean influence streaming past the bridge and in san fransisco right now it is only 56. a 30 degree temperatures spread. mainly cloudy at the coast. staying that way for wednesday. clouds moving into the bay quickly, 65 degrees this evening but clear skies and mild in land, 70 degrees or evening temperature. cloud cover hovering over the coast and spilling into the golden gate with a push from the ocean once again tonight you will likely wake up cloudy in the bay or near the day coming up over the next 24 hours. change is coming but not until thursday. this map is what the atmosphere will look like thursday with high pressure to the north and low pressure to the south conducive for an east wind. and you are really going to notice the big change with temperatures shooting up 10 to

50 degrees and sunshine that the coast. after tomorrow and the day after temperatures near normal. 78 and san jose and a significant warm up coming up and even san fransisco make it 80 degrees by the end of the week. concord 83 tomorrow and fremont 76, sandra fell 76. ninety's inland starting thursday lasting through the weekend, upper seventies in your eighties near the bay and we could see eight degrees in san fransisco as soon as this friday. that is your cbs forecast. >> in the next half-hour new hope in the battle against breast cancer. a genetic discoveries suggesting a new approach to treatment. >> this is time for a president that will shape events in the middle east. >> how mitt romney is pouncing on the comments made by the president's and the new ad by the obama campaign. >> a heart stopping moment for drivers, the close calls when they suddenly find themselves sharing one of

>> at 6:30 p.m., a stunning new report changing how scientist of you breast cancer.

the discovery may lead to a new way to attack it, more precise treatments and even one day a cure. dr. kim has that story. >> this 36 year-old is at high risk for breast cancer. >> my mother and grandmother are breast cancer survivor, my mom is a two-time breast cancer survivor. >> she does monthly exams but still worries. >> i would love their to be a guarantee that if i find i have it, it would be ok. >> now results of a large study of breast cancer genetics could offer new hope. scientists have identified for genetically distinct types of breast cancer and one of them is much more resemble wing of marion cancer, that suggested is not the organ but the dna that matters. >> it is very exciting. >> this breast cancer surgeon says it is a new way about thinking about cancer and treatment. >> it shows us that we may not be treating specifically breast cancer or ovarian cancer, or other kinds of cancer in the future, we will look at the gene

signals and treat patients based on what the gene mutations are in their tumor. >> in the future some breast cancers may be treated with drugs used for ovarian cancer and lung cancer. >> i think that it's absolutely possible. >> but breast cancer action says that patients need more effective and less toxic treatments and while she is pleased about the new findings ... >> more treatments is not the and all, be all, we really need to put some energy into stopping the disease before it starts. >> id agrees, and not just for herself. >> i want no one to have to die of breast cancer. >> this breast cancer study is part of the cancer gene on atlas funded by the national institutes of health, a huge effort looking at 20 different types of cancer and involving more than 200 researchers. some right here in the bay area. dr. kim, cbs 5. >> procrastinators at the polls are going to get a break. governor brown signed a bill allowing people to register to

vote up until and on election day. however the law will not go into effect for at least another two years. 10 other states allow some form of same-day registration and voting. currently california cuts off voter registration 15 days before an election. >> last night mitt romney told 60 minutes that his campaign does not need a turnaround. today the republican nominee plowed ahead with his economic message, and it president obama for comments he made on the same tv program. hundreds of flag-waving supporters greeted mitt romney as he taxied to a rally in pueblo colorado. the gop candidate is looking for votes in the battleground state where a new poll shows president obama with an edge. >> the american people cannot afford four more years of brought obama and that is why i will become the next president of united states space. >> mitt romney pounced on the president's 60 minutes interview

where he used the phrase " bump in the road " to talk about recent events in the middle east. >> these are not bounce in the road, these are human lives and developments we do not want to see. it is time for president that will shake the events and the middle east, not just be merciful or be at the mercy of the events in the least. >> the white house pushed back against any suggestion that he characterized the attack on the american consulate as a bump in the road. >> that assertion is desperate and offensive. the president was referring to the transformations in the region. >> the president's campaign is rolling out a new advertisement attacking mitt romney for saying that 47 percent of americans who do not pay federal income tax see themselves as victims. >> maybe instead of attacking others on taxes, he should come clean on his. >> that ad is airing in ohio where paul ryan is launching a bus tour. >> president obama in new york where he will address the

general assembly and tomorrow the president and mitt romney will speak at the global clinton initiative. >> hundreds of families will find out this week if they are in line for affordable housing. john ramos tells us that it will all come down to a random drawing. >> it is a very big deal but something was missing. a lot of people stretching around the block. that is because they have gone to a new online, application process. >> people don't need to stand in line with paper or fill out forms and bring them in. it is a first-come, first- served kind of process. >> libraries are offering a lot of help to people that do not own or to not understand computers and at the end of the week a computer will randomly select 8000 names to go on a waiting list for city sponsored housing. they expect 15,000 people to apply. one of them " is robin williams,

who has recently been shopping for a car. >> looking to buy a car for a place to live? >> yes, in the back seat. >> does news that apartments might be available means lot to you then? >> it means a lot to me. >> that is how desperate the need is. and he might be surprised to see what the apartments look like. this one in the palo garden's senior complex features hardwood floors to tone painting and a view of a brand new courtyard. working with a federal grant the authority hired staff to serve as its own construction company, hiring local workers and selecting their own materials. >> we will get a better product at the end of the day than what we would have if we did at it with a general contractor. >> the difficult challenges are still there but both the agency and its customers are learning how much can be accomplished if you are willing to embrace a new

way of doing things. in oakland, john ramos, cbs 5. >> the chp is trying to chase down a group of daredevil's that has taken over a steep stretch of northern california roadway. there coasting down and then boasting about it online. but the old priest grade and drops about 1,500 ft. into miles. andrea menetti spoke with one driver that suddenly found himself sharing the road with a skateboarder. >> i yelled out the window, but he was gone by then. >> he crossed paths with a skateboarder writing down the road. in its on-line video, you can see steve slowing down in his blue car, as the skateboard it takes off with a motorcycle filming from behind. >> he was alongside of us, up against the yellow line here. >> california highway patrol officers investigating a total of three separate studies

involving the skateboards and a group of men riding adult size tricycles down the dangerous road and then posting videos for the world to see. >> they are on safe, you can clearly see throughout the video, both the skateboarder and the individuals writing in the tricycles, swerved left of the double yellow and actually use those flames. >> at some points the thrill seekers for strivers to swerve to avoid a crash. officers also investigating reports that tricycle writers recently shut down the road to film a ride. >> i consider these tricycles and skateboards to be quite selfish, there appear for their own notoriety their own personal gain, and they're not only taking their own lives at risk but the lives of other motorists in the area. >> andrea menetti reporting county rules ban skateboards along that stretch of the road

but believe it or not, those tricycles are allowed. >> what is found in most lunch bags that could be bad for your health? and we're not talking about the food. >> i am 75 and i feel 16. >> staying active in her i'm so glad you called. thank you. we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry we have cancelled your old card. great. thank you.

in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to help protect your money and financial information. here's your temporary card. welcome back. how was london? [ female announcer ] wells fargo. together we'll go far.

>> a potentially dangerous chemical working in many of our kids back taxes and lunch boxes and even three ring binder hist. tonight one mother is leading the charge for change. julie watts tells us about the fight to keep our kids safe. >> once may be healthy, but the lunch bag could be toxic. >> i am not alone in being upset and wanting change.

>> she is upset because many lunch bags contain a chemical that has been banned from toys in 2008. >> if these products were deemed to be toys that would have been found to be illegal. >> a new study from my muscle group found 75% of vinyl school supplies had high levels of the chemical, many sporting kids' favorite characters like spider- man. this mother of three boys was so stunned by the report that she started an on-line petition. >> we are asking disney to clean up their act. >> disney may not make the products but to license the popular characters and lori would like to see the company take the lead on the issue. >> it is a brand that really has a lot of leverage with kids. >> after only a few short days the petition has more than 50,000 signatures. the epa is also concerned, both because of the toxicity and because most americans are exposed to them. and a variety of soft plastics ranging from shower curtains to shampoo. to avoid chemicals, she shops for pvc free products but it is

not always easy. >> the problem is the products are not labeled. and they do not have to be labeled. >> parents may not need to wait for these companies to respond lawmakers are pushing to remove the chemicals from all school supplies. they have been linked to asthma, adhd, even fertility issues and then. is he contends that all of their products meet or exceed all applicable safety standards. >> stretching their way into the golden years. the unique bay area yoga class taught by a 75 year-old. >> at the golden gate we have mainly cloudy skies, there is a peek at what is going on currently before get that picture. it is all about sunshine and heat, find out how warm we will get coming up. >> why the 49ers might stop reading their press coverage? i'm dennis o'donnell and we have an update on the raiders' receiver that ended

>> apparently the older you get

the more challenging it can be to stay active and fit. so for many seniors that it thought of joining a yoga class might have seemed like a stretch. but do not tell that to this group. the residents of this retirement community are staying flexible with the help of their 75 year- old instructor. the longtime teacher created her own series of seeded poses to keep her senior students fit and it is working. >> it certainly has increased by range of motion. it has increased flexibility and i am really thankful to lily for making yoga accessible. >> i feel more limber afterwards. and i feel if your pains. >> lilly is also helping herself, she has no cartilage in her head or knees and she says that yoga has helped her avoid surgeries'. >> that is great.

>> you do yoga? >> i enjoy yoga and hope to do it into line 75. it is great to see active adults enjoying a good afternoon there. if you go outside for what you will enjoy sunshine in many parts of the area but we are looking at what is going on in southern california here. i want to show you video, a big fire, san diego county, they have been very dry and have had offshore winds. one person died in the fire, he did not listen to the evacuation orders and that fire continues to burn in southeastern san diego county. all about the onshore flow for us, cloudy at the golden gate but if you head out for that walk anywhere in land, we're looking at temperatures running around 80 degrees, livermore 79 but check out oakland and san francisco writer around 60 degrees or even cooler. radar is clear and no rain falls for the next several days but there will be a wind shift and that wind shift will rally warm

up temperatures. only 75 in san fransisco oakland 77. san jose 87. i feel that we're going to see whether warmer than that by the end of this week. for the next couple of days it is more of the same with a lot of cloud cover along the coast and we will have that marine push once again giving us cloudy conditions in the morning and the same story on wednesday, by thursday low pressure develops to the south, we have an east wind with high-pressure developing to the north and that is the key enhancing the east wind and if you get an offshore wind this time of year, and we often do, it is a fire danger for us going out but some cheers will go up as well. two more days of mourning clouds and afternoon sunshine with images around normal, sunny and very warm weather beginning thursday once the wind changes and a fire danger will also increase coming up later on this week. san jose tuesday 78, 7 >> 68 and conquered 83. cooler than normal, someone cloud cover with a high of 81

north to redwood city. mountain view 78 degrees danville 82 would sunshine, morning clouds around concord police to pittsburgh, upper seventies and low '80s in venetia. and tomorrow in santa rosa 80, navato 82 and sonoma 83 but on the peninsula in daly city only 61 and san francisco downtown only 63. staying close to normal for wednesday, look at what happens thursday and into the weekend ninety's inland widespread with highs near 80, even in san fransisco at the coast highs will approach 70 degrees. the wind will

vo: for years, sacramento politicians have chopped away funds for our schools. today, we're forty-seventh out of fifty in per-pupil funding. now these politicians say unless we send more tax dollars to sacramento, they'll cut education again. here's a new approach. prop thirty-eight sends billions in new education dollars straight to our local schools, and guarantees the politicians can't touch it. thirty-eight will restore the education cuts from sacramento. so remember this number. thirty-eight.

>> the raiders receiver was released from hospital this morning after a devastating hit knocked him unconscious in yesterday's game against pittsburgh. he was hit in the helmet by the steelers safety in the end zone. the game was out for 12 minutes before he was carted off the field. eventually gave a thumbs-up signal. it was less than a years ago that he was hit in the head by henderson and minnesota. again he was taken off the field with a thumbs-up sign, he is home today recovering from a concussion and neck strain.

head coach does not think that that it was malicious. >> he was playing the game fast and physical. it is a tough game to play when you're making split-second decisions. on how you play the game. so, it is an unfortunate thing that happens in this game but we move on. >> sometimes bad plays happen. i do not think that anyone is out there trying to be malicious. if you look at the plate, one of his guys got banged up to. >> it is a judgment call >> there has been no fun as of yet. meanwhile the forty-niners were favored against the vikings but jim harbaugh was not buying it. >> is it possible for a team to get overconfident? >> yes i suppose it is. and, you want to avoid that like the plague. >> whether or not they were overconfident, the 49ers could not avoid the vikings.

the quarterback got a three touchdown in dealing service of their first loss of the season. one thing's for sure, the 49ers will not believes press clippings anymore. >> you cannot think that a game is just want to be given to you especially when they say we're not dead, >> i sense this from people that live in a mystical, magical fantasy world of just expecting to add that came b-1. it does not work that way. >> it was one thing that the ravens receiver corey smith was even out on the field last night against the patriots, it was something else that he caught two touchdowns. hours before the game, smith found out that his brother passed away in a motorcycle accident. smith was a father figure to his brother and said that he plans to put the game ball on his coffin, it was a surprise to many that he even played. >> my mom and all my family and everyone was back the house

watching. and they did not even know i would play until last minute. i texted my mom and i made the decision that i would play. so, she was excited about it, she said " of course he would want you to play ". he admired me so much, >> great stuff, two touchdowns for him last night and baltimore won a football game. here is the top players of the weekend, just in case you missed it. >> there is no way that michael cox was not scoring, flip over the defender and in for the touchdown. and i slipped but the minutemen lose the game. the astros are headed for 110 losses but you'd never know with plays like this. he flips over his head to get out at second base. shootout between the titans and blinds, a washington made the catch over the back of jacob lacey, a 71 yd touchdown. lacy still does not know where

the ball was. and the pan that is heating up with his bat and glove. watch the cash over the railings, floods into the stands. the giants beat the padres and clinched the division. he popped champagne and the clubhouse as services, has plenty of time to rest all their regular cent figure out what that postseason rotation is going to be like. this is not as good a team as the one that won the world series in 2010, but they're good. >> there's something about them. >> it is a whole new season now. we're coming back at 10:00 and 11:00.