included city supervisors, a state senator and assembly member. demonstrators served as their human microphone as they addressed the crowd. >> do not need a violent confrontation. we look forward to working with everyone tonight. to get the message of occupy san francisco out. >> reporter: it appeared as if san francisco police were gearing up for something big. hundreds of officers were pull in overnight. and seemed to be ready to act on mayor ed lee's order to clear out this plaza because of sanitation and safety concerns. but they never showed up. which occupy sf protesters considered a victory. >> proceeded -- we succeeded in getting government and union support. and we succeeded in resisting police attacks. >> reporter: a police spokesman told us this was a o practice crowd control and there wasn't a plan to clear out justin herman plaza. while training they were ready to -- they were ready to help out in oakland if needed. mayor lee says he's still assessing the situation. >> mayor has asked depth heads to go through a balanced approach. he doesn't want to overreact. making sure anyone there who needs services or shelter gets it. >> reporter: the fire marshal came through looking for anyone using propane or an open flame and said everything looked fine. the health kept was here too watching over the arrival of port pottys. -- port-a-pottys. >> the city had been promised and they didn't provide them they an attacked us for not having toilets. >> reporter: the port-a-potties are being paid for by donations to the cause. police tell us they never had a plan to sweep through this plaza. protesters say they are not going anywhere. they feel like they've picked up more support overnight. live in san francisco, amy hollyfield, abc7 news. now to oakland where the fences that kept protesters off the grass at frank ogawa plaza yesterday are now gone. three tents are back up. city workers removed the fence pieces this morning after protesters tore them down last night. tuesday, that's what you are looking at, police evicted and arrested more than 100 camped out in the plaza. that sparked a violent demonstration later that day. protester are now calling for a city wide strike next wednesday to protest the police action. acting chief jordan has kefded his officer's conduct. good news on the iraq war veteran injured tuesday night. he's been upgraded overnight from critical to fair. 24-year-old scott olsen remains in the hospital. his parents where to arrive in the bay area to be with him. he suffered a skull fracture. doctors are deciding if he needs surgery. it is unclear if he was injured by a rubber bullet, tear gas or smoke canister. the former marine served two tours in iraq. chief jordan has launched an investigation to determine if officers used excessive force. no reports of serious damage following an early morning quake that shook a lot of people in the bay area awake. the magnitude 3.6 quake hit after 5:30 this morning. it was centered east of berkeley on the hayward fault. we felt a strong jolt in the studio and received lots of calls from viewers. they felt it in parts of marin, albany and santa clara. this is the third to strike in the last two weeks of seismologists say it is common to see clusters of earthquake events along the hayward fault. >> a lot of time you will have one sizeable quake and a lot of smaller ones. occasionally, you get groups where there might be two or three about the same size and a bunch of smaller ones. >> the sequence -- there hasn't been a sequence of quakes like this since 2006. it is hot topic on our facebook page. chris country -- -- . you can join the conversation at facebook.com/abc 7 news. seal back in the bay after a scare. the animal was spotted this morning listless on the san . experts rushed there, worried it may have been in distress. katie marzullo is live with the story. >> reporter: it is a beautiful day here in alameda to molt on the beach something elephant seals tend to do on a regular basis. this young one happened to pick a spot that was too populated for his own good. just sitting in the sand seemingly sick. >> it blends in so well. >> reporter: police stood guard until a marine mammal center volunteer could formulate a plan. >> this is not a good place for him. he needs a place where he is going to be able to do this on his own without being disturbed by humans. >> reporter: lincoln shaw diagnosed the two year , 225 pound as molting and maybe dehydrated. he or she needed to be sent out back to sea. >> he wants a beach where he can hang out and scratch and roll around and flip sand and all that kind of fun stuff. he's being an elephant seal and doing what elephant seals do. >> reporter: as you watch this final piece of the saga, as the elephant seal makes it into the water you can see orange marking on his back that's what the volunteer did to find out, won't track him but will mark him if he shows back up they will know it is him. we hope he doesn't because he's not that far from reaching hisull weight which is one ton. katie marzullo, abc7 news. bart board of directors is meeting now and could vote today on a controversial new policy. it would determine when they would cut cell phone service at the underground stations. bart agreed to develop that policy following heavy criticism after the agency turned off service august 11th, to prevent a protest in san francisco. that triggered more protests. under the new policy bart would interrupt service only when there's strong evidence of imminent -- [ unintelligible ] oakland is going to close five schools at the end of this year. the board voted last night after a contentious meeting with parents and students. lake view, lazear, marshal, sante fe and maxwell park. student enrollment has declined. the district has lost 150 million dollars in state funding over the past two years. they say closures will save two s a year. a different -- a different ending for the west contra costa district they've come up with enough money to keep two schools open, shannon and lake elementary. the district found additional one million dollars in the budget to fund those schools. budget problems in sacramento. governor brown unveiling plan to roll back public employee pension benefits. the plan includes raising retirement age to 67 for new state employees. future retirees would get pensions from a small guaranteed benefit and 401(k) plan that would rise or fall depending on the market. the plan would prohibit public employees from boosting pension by including overtime and unused vacation in their final year of work. the administration estimates the proposals save the state 900 million dollars a year. the plan still has to be approved. just ahead, toy company slapped with a hefty fine for selling beads linked to a dangerous dug. personal admission -- from bernie madoff. barbara walters has ♪ born to be wild [ female announcer ] is your medicare plan keeping up with you? ♪ 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campaign finance reports to cover his tracks. edwards has pleaded not guilty. bernie madoff and his wife are talking for the first time about their lives and the scandal. madoff spoke with barbara walters without a camera two weeks ago at the federal prison in north carolina where he's serving a 150 year sentence. madoff told walters he feels terrible remorse. he also feels happier in prison than he's felt in 20 years. walters spoke about her interview today on "good morning america." >> he knows that he ruined his family. during the day he doesn't think about it. he says therapy, he compartmentalizes, does his job doesn't think about it. at night he says he has horrible nightmares. he says i understand why clients hate me. the gravy train is over. average person thinks i robbed widows and orphans, i made wealthier people -- wealthy people wealthier. >> ruth told 60 minutes she and her tried to kill themselves after he admitted stealing billions in the largest ponzi scheme in u.s. history. high fire danger has died down. warmer temperatures. >> yeah, hardly any wind now the fire danger over, still die, leading to sun, kind of cool mornings, warm afternoons. let extent our forecast into november appear satisfy if it continues. also -- new study that suggests taking the pill can help women reduce their risk of a specific cancer. @ this morningserç the u.s. ay corp of engineers will relies a new database outlining conditions of 14,000 miles of left s across the united states. the database was among the things congress ordered the corp to establish in the wake of hurricane katrina. critics say the problem is the database doesn't include what is believed to be more than 100,000 additional miles of levees not covered by the corp's safety program. blasting the government saying the government isn't working fast enough to assess risk. >> san francisco's mexican museum is getting a million dollars to build a new home. the $800,000 grant will pay for the design and development of a 40,000 square foot building on jesse square. the museum is currently at a temporary space. the new facility will allow the museum to case 14,000 works of art. should be completed in 2016. >> very exciting. >> mike co-with the weather. a lot of sun even -- even this weekend and out to the coast. 11:18. good morning. northwest from sue toe, hazy, that's what you are going -- going to get with light winds, a little haze, no need worry about spare the air. one mover like from south beach, downtown oakland now in the he's bay hills looks a little gross but still, air quality is okay. the air is looks gross, come on guys. this oakland, san francisco going studio. let's talk about what is going on you can fight that while i'm giving the weather. not much outside. let's talk about temperatures upper 50s santa rosa, novato, redwood city and half moon bay low mid 60s for the rest of us many monterey inland low to mid 60s. winds the story look how calm they are. fastest wind in fairfield 9 miles per hour. it is that stagnant air that reduced the fair danger, that's why it is over, sunny, mild today. tonight chilly especially north bay valleys. dry through next week which is already november. today compared to average, one degree warmer napa, two livermore oakland and san jose four redwood city sunset 6:17. all of us will see that no quds even during the evening. high pressure, because they are squeezing in on the bay area they are calming the offshore the low creating a fast one yesterday has moved away farther the distance between the two the more rela pressure gradient the more relaxed the winds are. areas of high pressure around us, storm track to the north don't see a drop of rain in the forecast for a while. probably need to run sprinklers until we start the rainy season. 70 half moon bay and richmond to 75 in cloverdale up in ukiah, san mateo, palo alto, antioch and livermore. 72 monterey, 75 watsonville, 76 gilroy. a lot of sunshine temperatures running in the 50s around eureka tahoe mid 70s throughout the central valley 80 in l.a. and near that in palm springs. 30s fairfield, vallejo, napa, santa rosa, cloverdale everybody else in the 40s, oakland, san francisco may hold on to 50, chilly tomorrow morning. full of sunshine temperatures fluctuate a degree or two, some mornings we may have more fog tomorrowg&pñ morning i'm not thinking we will because the air is dry. halloween still looking nice. tuesday, wednesday, november 1st, 2nd, temperatures above average with sunshine everywhere. >> not frightening at all. the federal government today issued a 1.3 million dollar fine to a toy company that sold popular arts and crafts beads. those beads have sickened a dozen children imported in 2007. millions of kids have been -- of kits have been recalled after they were coated with a chemical that could metabolize into the date rape drug ghb when swallowed they said the company knowingly failed to report the danger. they agreed to the settlement but denied company officials knowingly violated the law this is the third largest toy-related fine issued by the cpsc. major consideration for women thinking about birth control pills. they can reduce the risk for ovarian cancer. british researchers followed 300,000 european women and found those who took the pill 10 years cut their odds in half. doctors say women need to weigh this finding against a link for oral contraceptives and higher risk for breast cancer. >> there's a lot to do in the bay area on this halloween weekend. what is hot is next.0ñ (speaking in international language) and he said unto them go ye into all of the world and preach the gospel preach the gospel ♪very creature in the world. (applause) today a school's out-going phone message is creating a buzz. michael finney has advice on making sure the online pharmacies you visit are legitimate. one thing you need to look for at 4:00 and 5:00 new class action discrimination suit against wal-mart by the same group of women whose case was thrown out by the nation's highest court. those stories and more at 4:00 and 5:00. from hair to indian treasures so much to do this halloween weekend. don sanchez has what is hot. ♪ ♪ >> reporter: let the sunshine in. relive the age of aquarius with hair the musical that defined an era and still does. cirque de soleil is back with a show that defies gravity. dazzle under the big top. ghost legends kabuki jazz cabaret. find haunted houses around the bay including san jose's winchester mystery house. one of eight bands that will rock the napa valley opera house saturday night. the latin music festival. 250 years of treasures from india's mirage shah the original -- mara shah, the orange bling. 47 years after the beatles comes this tribute, four lads from liverpool. world premieres at the 12th san francisco world music festival. in the jewish community center. don sanchez, abc7 news. time to look at the weather. >> rainy season around the corner you may want to take the seven days where these quiet weather to get the house, yard ready for heavy rains that coming. near 70 sunshine at the coast low to mid 70s around the bay mid to upper 70s inland 30s tonight >> bring out the heaters maybe. >> extra blankets. >> thanks for joining us. >> who wants to be a millionaire is next. >> keep track of the later news on twitter a