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>> reporter: democratic party a, behind me you can see the native americans and protestors performing various prayer rituals and ceremonies. earlier this afternoon they met with the greater vallejo recreational district and the agreement was that they'll not be arrested tonight. >> our spiritualen campment will stay, we'll remain here in prayer while negotiations around stopping the development altogether can really begin in earnest. >> reporter: a small victory for the protestors who have spent the past 5 days protecting what they say is sacred land. they'll not be arrested for staying on the land but they'll have to take down their tents, the gvrd has a strict no- camping policy. mark an key oh we is with the international indian treaty council. he says the native americans will stay here until the gvrd agrees to keep the land as is. >> we will be here until the situation is resolved. >> reporter: that could take moss? >> we'll be here until the situation is resolved. >> reporter: the rec' department intends to build a park with a paved parking lot and a public bathroom. >> you know, we're not building a shopping mall on top of it, we're not building an apartment complex atop of it, it's going to be a nice sacred quiet place where people can go and contemplate. >> reporter: wounded knee has relatives who lived and died at glen cove over the past 3500 years. >> this is where our ancestors are buried, they rest in peace, and they want to disturb their peace and we can't allow that as indigenous people of this country. >> reporter: and we did attempt to contact the greater vallejo recreation district this afternoon about the outcome of today's meeting but their offices were closed when we tried to contact them. now the protestors say the gvrd afreed to have their board of directors draft a new policy allowing them to practice their ceremonies on this land and the two parties will meet again to discuss the future of what will happen to this land in the very near future. dana? >> they are still talking, that's a good thinge r. elizabeth cook in vallejo. thank you. something that american families have been hearing since the recession hit and now uncle sam is hearing it too. standard and poor has lowered the rating for u.s. credit to negative. saying that there is significant risk because congress simply cannot agree on a way to reduce the deficit. the united states still has a aaa credit raiding. of the 17 countries in the world with the same rating we are the only one with a negative outlook. the impact is expected to trickle down to everyone who borrows money.? what that means is that, going forward, u.s. borrowing costs are a little bit higher and that trickles down through the rest of the economy and increases the cost to everybody. >> here is the example. with the aaa rating it costs the united states 6 1/2 cents to borrow a dollar for two years. freese grease with a double b rating has to pay 20 cents for every dollar it buries. the government called their assessment overly pees miss particular. it is crunch time for seniors deciding which college to attend. while this year more students from the golden state can cross the university of california off their list. as robert liles shows us it all comes down to cold, hard cash. >> reporter: admission at uc berkeley has always been about the numbers, 3 high 3-digit. >> ham den connecticut -- >> or your international code. >> south korea. >> yeah. >> and the likelihood of admission improves dramatically. >> there was definitely an increase in the admission of non-resident students. >> reporter: almost a 20% spike for next year's freshman class. why? those who accept admission from out of state or overseas pay 2 price. >> i think it's around 52,000 for out of state. >> reporter: a year. that's nearly equal to the cost of private universities like usc and stanford. >> woe would admit more californian students if we had adequate funding from the state. >> reporter: they say all were restricted admission due to severe budget constraints but didn't say by how much. >> i think it's a fair deal that, you know, this is a university, this is a public university for california so then people from out of state do pay more. >> reporter: does that mean that in-state students are being turned away to make an available seat for a student who pays more? >> no. >> reporter: because there are enough seats but not enough paying the maximum tuition to cover what's in the red. so expect zip codes to be part to continue to be part have the new admissions. >> the people i talked to they said their parents are paying it. some aren't even getting financial aid so i guess their families can afford it so -- >> reporter: in berkeley, robert liles, cbs5. >> at a time when muni drivers have been caught on tape breaking the rules some workers are voting on weather to authorize a strike. right now management, union reps are in contract talks. don knapp shows us we're getting a taste of the apparent pr war happening away from the negotiating table. >> this flyer comes to us from the man representing union management. charlie good year. it's inflammatory and management tells us it was not put out by the union. but this flyer was and both asked the same thing, a strike authorization vote. in any case good year says a strike authorization vote is premature, unreasonable, because they are prevented from striking. >> legally i'm not sure whether they have a leg to stand on here. i'm not a lawyer, but my understanding is they have a no- strike clause in their contract. >> reporter: the first flyers claimed that san francisco has plenty of money and that muni salaries and pensions are not the problem does not sit well with union riders we talked with at the coastal church this evening. >> i think it's totally outrageous, san francisco is in a hole right now with our budget and reading a statement like that just shows the audacity of the guys who were threatening to strike. >> reporter: tonight however it appears the union is as eager to deny the inflammatory flyer as union management is to show it around. a driver who is a union member said this is not an official union notice about a strike authorization strike. he confirmed this notice is the one calling for the vote. this one does not make the claim that san francisco has plenty of money nor does it state that salaries and pensions are not the problem. now whether or not muni can legally strike, that vote continues to authorize a strike, will continue through the week. they should know by the weekend. then if they actually want to strike well that requires another vote. ken? >> don knapp with the latest. thank you don. in other bay area headlines a man shot at a san francisco market during an i'm over his chihuahua is suing shop owners. lawyers for michael stafford tell the examiner their client is now a paraplegic. last february he brought his dog in to fred's new light market on haight street. an employee kicked the animal, an argument followed an then gunshots, the store employee is facing charges of attempted murder. medical marijuana dispensaries will be up for debate at tomorrow's san jose city council meeting. the council tentatively approved zoning for the clubs limiting them to industrial and commercial areas. they are still trying to determine how many pot dispensaries they'll allow. right now there are up to 125 in the city but some council members want to limit that number to 10. a peninsula city's budget crunch could mean that its fire department might have to be run by a private company 3,000 miles away. the city of san carlos considering contracting the city's fire response to a security firm in jupiter, florida. mark sayier is in san carlos tonight where many residents say they want their local fire department to stay local. >> reporter: the city's of san carlos and neighboring belmont share a joint fire department and have since the 1970s, but san carlos feels it is paying too much and has given notice to belmont that it intends to end the relationship come october. >> the city staff will do a presentation -- >> reporter: tonight the city council began considering four separate proposals to save money including one from a private florida-based company called wackenhut. >> first obstacle is change. >> reporter: the president, paul donahue, nose full well the concept of a private fire department will meet resistance. >> as a private entity we're told they put profit before safety. we can disprove that by talking to our existing customer base, we wouldn't have survived 50 years in the private sector if that in fact was true. >> reporter: the wackenhut proposal could save san carlos an estimated $2 million in the first year. wackenhut will pay entry-level firefighters $95,000 a year plus benefits but without government-sponsored retirement plans. >> this is the beginning of a domino effect and it's not because of the service level, let me be clear. it's because of economics associated with the service level. >> reporter: at tonight's meeting they urged them to stick with a traditional firefighting model. >> wackenhut services is long established in security, not firefighting. >> i don't want a constant stream of firefighters rookies protecting my family. >> i don't but want cut rate service and unqualified personnel. >> reporter: now the city of san carlos is also considering several other options including run its own department. it is also considering a partnership with the city of redwood city. both of those options would save the city $1 million a year in its firefighting costs, that is the goal here. it is to get a decision as early as next week. >> mark sayier in san carlos. thanks mark. desperate to save the money at the pump and they are going the distance to do it. but are they going too far? why the risks don't end with running out of gas. >> you have heard of it happening for concert tickets and ball games but for national parks? how scalpers are making it hard to visit yosemite. >> it is a dark and the drizzly night around the bay area but permanent then take. we want you to live well be well and thrive. appa are getting >> here are some of the hottest tickets around and, no, it's not lady gaga. apparently, though, scalpers are getting top dollar for yosemite camping sites. they go for $20 a night on the official reservation web site and sell out fast. scalpers can now get $100 or mora night and they are trying to track it down. in the meantime they are urging people to steer clear of camp site scalpers. maybe another sign of tough economic times but apparently more people are driving their cars on fumes. aaa says that recent roadside gas calls are up nearly 13%. tow truck drivers seeing the same thing. they are rescuing more drivers every day who run out of gas. it may be be because gas prices are ticking up. maybe people are just waiting long tore fill up. either way it could cost you in the long run by damaging your car. >> over a period of time it will eventually damage your fuel pump. when you don't have gas it doesn't have cooling or lubrication. >> he also warns the drivers not to rely on electronic gas gauges that tell you how many miles you have left before you have to fill up. many drivers are learning the hard way these days that they are not always accurate. brian hackney in for roberta gonzales. it's a challenging rogue forecast. >> did you say challenging? >> yeah. >> i guess i'm rusty. >> no, not you. >> it's actually going to be fairly straightforward, as we have -- but on the other hand i can make it difficult. just watch. fog and low clouds around the bay area tonight. we've gotten not much in the way of rainfall. 6/100ths of an inch as this weak cold front washes out over northern california, but you'll notice at the left hand side of your screen there is more on the way. that will be a factor by wednesday. for tomorrow though not so bad. the system number 1 heads to the south, high pressure builds in for tomorrow, look what's on the way for wednesday. another system similar to what we had today. tomorrow is okay, we'll go sunny, warmer, temperatures will top out inland around 7 1 degrees. the coast 61. tonight right where we should be, low 50s, low 60s, it will get to down to 43 in santa rosa. tomorrow up in the near 70s around pleasanton, tan santa rosa doesn't do too badly. but in santa rosa they could start off with them as along the shoreline. you can have some low clouds to start the day with. look ahead to the five-day forecast, you'll see it's very much on again/off again weather. tomorrow nice and sunny and then as we go into wednesday we get more clouds, we go into thursday the clouds linger, another chance of showers wednesday, thursday, friday it clears off a little bit. saturday really and sunday, and easter sunday remains a bit of a question mark, the models diverging, one says maybe wet, the other says probably dry. as we get closer and as roberta returns on wednesday she will have a better idea as to what's gonna happen on the weekend. mr. kay will be here in tomorrow, i'm going to go back to james reed, my boss is watching tonight and insists you guys are going to borrow me to do weather i have to say will you please watch "eye on the bay." >> you should do an "eye on the bay" segment on doing the weather. >> good idea. >> you see how we joke downstairs. >> i'll enlist you guys. that's where i'll see you next. thanks for having me. >> thanks for joining us, always good to see you. fountain of knowledge. >> wasn't that hard was it. >> it really wasn't. >> it's just challenging because it's a mixed model. >> absolutely. >> that whole you know microclimate. >> complicated thing. >> i like that word "challenging." we're coming right back with tonight's good question. challenging question. ,,,,,,,, "eyewitness news" brought to you by xfinity. an eerie coincidence today when a small quake struck the peninsula on the 105th anniversary of san francisco's great quake and fire of 1906. today's quake was reported around 3:00 this afternoon and was centered about 2 miles southeast of pacifica according to the usgs. it murder a magnitude 3.4 and then a smaller magnitude 1.4 quake followed. there were month reports of damage or injuries from either quake. rthquake rocked san francisco. hundreds [ sirens ] >> early this morning sirens sounded off at 5:12, the exact time the 1906 earthquake rocked san francisco. hundreds gathered at the corner of kearny and market to commemorate that day. more than 3,000 people died in the 7.9 earthquake. it was felt from oregon to southern california and left san francisco aflame and in rubble. >> what a day in the city's history. you know when the big one hits it's typically city governments that come to the rescue and help people out but neighbors also lend a land as we saw in 1906. keith in oakland wants to know how did the city of oakland help the city of san francisco after the of quake? that's top's good question. the city of oakland, spring, 1906. even then, considered by stoa step sister to the more glamorous san francisco across the bay. but on the morning of april 18th all that changed. >> they absolutely, they fled to oakland, it is estimated that something like 200,000 san franciscoans fled the city to come to oakland. >> the of earthquake and fire virtually destroyed the city of san francisco and the city of oakland became a welcomed refuge. >> the big difference was we didn't catch fire like san francisco did. >> reporter: oakland was able to not only accommodate the ref you geese from across the bay, it was instrumental in helping the city rebuild. >> the communication lines stayed open, most businesses like banks stayed open, the newspapers kept publishing, the port was fully functional. being the second largest city in california at that time, we became the center of the relief efforts. >> and a welcomed home for thousands. >> with the exception of the people who never returned to san francisco, and some couldn't handle the thought of going back. >> go to cbssf.com. click on "connect" to send me your good question. well we could have a little shake up on the sharks. i'm dennis o'donnell and the one feet that aeludes tim lincec,,,,,,,, i am a sneeze whisperer. i am an allergy analyst. bermuda grass. ragweed. willow. i am a dander decoder. chihuahua. i am a target pharmacist. ask me about allergy relief. until it's completely clean. lysol toilet bowl cleaner gives you maximum coverage from the rim down to the waterline to kill 99.9% of germs and removes stains better than clorox toilet bowl cleaner with bleach. so if you want to do the whole job, lysol's got you covered. for tips on a healthy home, visit lysol.com/missionforhealth. with some controversy surrounding the win at the boston marathon. wind-aided? what's the deal there. >> they want a course that doesn't encourage downhill runs that could create wind-aided conditions which happened today. consequently the world record was not allowed. however we almost had a bit of history. ronald reagan was a president the last time an american woman won the boston marathon. desiree deveal a held the lead late running the fastest boston marathon ever by an american woman but in the end it was kenya's caroline khalil that surged to win by 2 seconds. and it was the kenyan sweep. jeffrey ma tie set the boston record in a time of 2 hours 3 minutes 2 seconds, but, as it was pointed out, it was wind- aided and that record was disallowed. >> but aren't you theoretically running against the wind, wouldn't that even out. >> well as bob seeger said you're always running against the wind. it remains one of the giants unanswered questions. let's go back to the cbs time sheen. >> who is gonna throw a no- hitter first? you or kahne? >> kahne. >> giants in colorado and pat burrel's 3-run homer gave them a 3-0 lead. he has five jacks. tape measure shot. nate schierholtz 467 feet upper deck, the last giant to do it? barry bonds. >> wow. >> look at this, look at there. as for lincecum, no hit stuff. 28 double digit strikeout performance tied for most in giants history with matheson. chris iannetta goes down. still intact. 1 out. 7th inning carlos goons at the plate. there it goes. there it goes. lincecum losses the no hitter, he leads the lead in strikeouts, giants win 8-1. the a's were december mate by injuries last year so you might understand why billy beane was a little gun shy when the topic came up in spring training. >> that's just bad luck, isn't it? >> thanks dennis. >> well no laughter today when dallas braden was placed on the 15-day disabled list after he left saturday night's game with shoulder stiffness. braden missed a month last season with a similar injury. and the nba playoffs. dwayne wade has migraine headaches still on the floor. he would certainly give the 76ers a headache here. alley-oop billy biron, they win to lead 2 games to none. pace era nine-point lead over the bulls when darren collison hurt his ankle stepping on the a photographer. 36 points from derrick rose, bulls win, and they take a 2-0 series lead. hockey, sharks and kings, game 3 tomorrow in l.a. and if some sharks don't shape up they may ship out. here is the top 5. >> we also need some better performances from some key forwards, they know who they are, we have talked to them already about it, and we expect to get that from them. >> hello patrick marleau. number 4, they call him the cuban missile. fred fireballer chapman set a new record, 106 miles per hour against pittsburgh. number 3, penguins and lightning, down grows frazier, steve downie lowers the boom on steve love joy. the penguins win. and dinner at sergio, off his ribs into the glove of you necessary key betancourt. >> they better get it up in a hurry and, oh. >> it is always good when you get it up in a hurry. t.j. ford ends the quarter in style but the pacers lost the basketball game. >> wow. >> yeah. >> does ha hockey player get back up? looked like he got an elbow to the head? >> he got back up and -- >> worst part was he hit him and sat on him. >> you want to make sure ,,,,,,,