inside. crews say near the restaurant a pleasure boat also caught fire and sank. they had to call in a fire boat. it was decommissioned because of budget cuts but maintained for emergencies like earthquakes. the fire boat helped keep the flames from spreading but couldn't save the popular restaurant. >> i think it's probably the building was built around 1950s. and yes, it's been here for a while and it's been part of the neighborhood. so a lot of the citizens had concerns that this was one of their local spots. >> reporter: the cause is under investigation. crews are waiting until daylight to see if the building is structurally sound. then they are going to determine how to get in and start to figure out how this fire started. so even as fire crews are still working there, you may be able to see right next to it there is the park street bridge that bridge does remain open while they are doing their work here. back to you. >> thank you. sharon chin thank you. it is 6:01. anaheim police say the disappearance of two young boys in anaheim was a parental abduction. we are told an amber alert is still in effect this morning. last night the mother reported two men in a van kidnapped 4- year-old jacob quinones and his 2-year-old brother justin. just a short time ago, police announced the abduction was carried out by the boy's biological father and paternal grandfather. the two men 23-year-old abraham fernandez and 53-year-old louis mendoza fernandez are believed to be living in houston now. police are still looking for a 2009 or 2010 dodge caravan with tinted windows. the van is gray, silver or pewter and may have a dent in the right front door where the mother kicked the van as it sped away. no possible motive at this time. it is 6:02. state legislators have been meeting all night to try to put together a budget compromise. now, one of the key issues, money for education funding. mark sayre is at san jose state this morning with the differences of opinion between democrats and republicans and why they can't get this budget passed. >> reporter: here and around california this budget stalemate has people wondering, what is next? let's give you the latest on this. the state assembly did manage to pass a budget that closes a $89 billion spending plan. they passed it by a two-thirds majority. so far the senate has been unable to pass the budget. the assembly version closes that $19 billion deficit with some spending cuts but with some rosie assumptions about economic recovery and federal dollars coming to california, promises by the feds not yet made. that's giving some members of the senate pause. >> the key is to pass the buck. it's the responsibility is down the road. it's to a new legislature. it's to a new governor. and it's the legislature not doing their job. >> there are no new taxes. but there's $1 billion more in spending. part of that is further tax cuts for the largest corporations, which my republican colleagues are insisting upon to give up the last votes for to us get to the supermajority. >> reporter: yesterday at uc- berkeley about 1,000 people turned out in sproul plaza to protest higher student fees and planned layoffs but the budget passed in the assembly giving both the uc and the cal state systems about $5.5 billion. that is more than they received last year. but so far at this hour the state senate is meeting. there is no state budget when this budget is eventually passed we are at day 100 the latest in state history. live in san jose, i'm mark sayre, cbs 5. >> thank you. it is 6:05. the san francisco giants won their first play-off game in seven years by a whisker. >> some fabulous pitching by that man, tim lincecum, a complete game shutout in atlanta last night in his first- ever major league play-off start. he set a franchise post-season record striking out 14 batters. the giants' buster posey the only player to cross the plate. that was enough. final score 1-0. game 2 in san francisco this evening at 6:37. >> isn't it nice to know you can watch the whole game and not getting up early tomorrow morning? >> exciting. we would like to be able to do atlanta with two wins. >> oh, yes. it is 6:05. let's check traffic and weather. let start with gianna. >> hey, good morning. we are going to start off with a live look at the bay bridge toll plaza. they turned the camera around. we are dealing with a broken- down vehicle. jukes those flashing lights up there blocking one of the left lanes so traffic really slow and go up the incline. metering lights are off but things will start backing up so give yourself some extra time. lights are still off at the toll plaza but look at all those delays through there. further up to use bart instead, not a bad idea. everything on time systemwide for bart. don't forget, they have special trains running this evening to accommodate all those giants fans checking out the giants taking down the braves tonight. that's what's going to happen. so give yourself some extra time tonight if you are headed out to the game. montgomery, embarcadero, the best bets to at&t park. the san mateo bridge is a good choice as well to avoid the delays on the bay bridge, everything clear in both directions. chp still clearing an accident westbound 580 connector to east 80. everything off to the right shoulder. you might still find some activity there, though in that area. that's a look at traffic. let's check your forecast. here's tracy. >> hey, thanks, gianna. out the door, not a lot going on. partly cloudy conditions, the only thing that's slightly different from this same time yesterday morning, cooler temperatures in spots. temperatures ranging from 45 to 57 degrees inland. 50 to 59 around the bay and 49 to 53 at the coast. for this afternoon, it's going to be nice. mostly sunny with temperatures remaining mild inland from 73 to 79 degrees. 66 to 72 around the bay with mostly sunny skies. and also expecting plenty of sunshine along the coastline with temperatures up to the mid- 60s. so today's temperatures are warming up just a bit. but they will also continue to warm up through the weekend with the 80s expected to make a comeback. we'll take a look at the seven- day forecast your weekend in just a few moments. >> yes, we will. all right. 6:07 now. the gap is certainly the topic of conversation but not its logo. people aren't enjoying that right now. the change that's causing big backlash for the retailer. >> and it already feels like drivers are getting nick. ed and dimed to park in san francisco but now, now the city is coming in at the top of a very undesirable list. and this little guy, this sea lion survived a shot to the face. today he is taking an amazing step toward recovery. [ barking ] >> yes, he is, with a one-of-a- kind surgery in the bay area. we'll be right back. ,,,,,,,,,,,, appreciate the easy days, are what keep me coming back for more. [goat sounds] and the customer says, on the carpet." what? gonna be difficult. don't tell me about a dog. a day care full of kids, house chickens. call a day's work. call 1-800-steemer [ whitman ] they say california can't be governed anymore. i say baloney. this state belongs to all of us. we just have to decide we want to change. i know government isn't a business and it shouldn't be, but the same values of accountability and focus that make california businesses among the best in the world could do a lot to fix sacramento. i'm on a mission to create more jobs, stop wasteful spending, and improve our schools. let's get to work. ♪ let's get to work. why not save on car insurance? [ coin drops ] [ high-pitched voice ] thanks. [ normal voice ] you're welcome. get a free quote at progressive.com. good morning. bridge crews just cleared a stalled vehicle from the incline. everything now moving just a bit better through there. you can see traffic though stacking up in the cash lanes. i'll have the complete look at your traffic coming up in six minutes. >> gianna, thanks very much. 6:11. well, the talks have been going on and on and on... but still no agreement on a state budget. 100 days past the deadline, lawmakers pulling an all- nighter. they are still there this morning. earlier, we heard from mark sayre, but courtney dempsey is in sacramento and is also stuck inside the capital building so she is joining us by phone with the latest on those negotiations. courtney they won't let you out. no, we are trapped here on the red floor and you can add one more on. they have been here since 9:00 yesterday morning trying to get this deal passed. at this point, they are one vote shy of passing this budget agreement. the state assembly passed the main bill as you know in a legislative package aimed at ending the record budget impasse. the governor has the agreed to stay in sacramento through the weekend if necessary to get it signed into law. again, just to paint the picture, we have women in shawls with blankets wrapped around them, in flip-flops trying to get comfortable and everyone has coffee because they have been here since 9:00 yesterday morning. >> so courtney, what's the holdup? >> reporter: one vote. they are holding up on one vote. it's absolutely amazing. >> wow. we'll wait and see what happens. we'll hear from mark sayre later on, on on the $19 billion deficit they are trying to -- do we want to listen in to what they're saying? were those live pictures? let's go back to sacramento. >> i want to see the blankets and flip-flops that courtney was talking about. that sounds like us coming to work in the morning. >> it's beyond embarrassing now that california waiting 100 days for a budget, a lot of very needy organizations, schools and different groups out there, not able to get money. of course, we have the friday furloughs, three days a week for state workers. so everybody waiting for this to pass. courtney dempsey, thank you very much, stuck inside the building with the rest of the legislators. >> one vote. hopefully they will get it figured out. 6:13. today a sea lion that was shot in the face gets reconstructive surgery. this little guy his nickname sergeant nevis made news last year. do you remember him? by evading rescuers in monterey and san francisco bay area's. the surgery will take place at six flags discovery kingdom in vallejo. veterinarians will repair the sea lion's muzzle. the sacramento county man has pleaded not guilty to animal cruelty in the case and is due back in court this month. it shouldn't really surprise too many drivers. parking meter rates in san francisco are among the highest in the nation. in a new study the city ranks number 3 behind chicago and los angeles. but when it comes to parking fines, san francisco tops the list with new york. the bill, $65. supervisors plan to call a hearing about the top jockey that's always one of my new year's resolution, not get a ticket in san francisco. so far -- well, i better knock on wood, i guess. right when i say it. i have gotten them other places but so far, so good in san francisco. >> keep those rolls of quarters, huh? >> my friend is a metermaid in oakland and she says it's a no- win situation. >> that's a tough be. >> >> i guess we have to go easy on them because it's my friend, i guess. >> it's the law. bring the quarters. 6:14. when we come back, we'll have an update on the top stories. >> plus a lottery loser ends up beeping the big winner. how she walked away with a million dollars. and do you like art? maybe jazz? wine? well, there's the art, jazz and wine festival going on this weekend downtown pleasant hill. mostly sunny skies expected. and temperatures in the lower 80s. you can't beat that. we'll take a look at your weekend forecast. you're going to like it coming up. ,,,, as governor, he balanced budgets without raising taxes. and california created 1.9 million jobs. as attorney general, jerry brown took on wall street banks, mortgage scammers and public officials stealing from taxpayers. at this stage in his life, jerry brown has the independence to make the tough decisions california needs. as governor i'll cap government salaries and pensions. on the budget, we have to face reality. make do with what we have. and no taxes without voter approval. jerry brown, knowledge and know-how we can trust. i really didn't see it coming. i didn't realize i was drifting into the other lane. [ kim ] i was literally falling asleep at the wheel. it got my attention, telling me that i wasn't paying attention. i had no idea the guy in front of me had stopped short. but my car did. my car did. thankfully, my mercedes did. [ male announcer ] a world you can't predict... demands a car you can trust. the e-class. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial. ♪ good morning. happy friday. i'll start off with the good news first. that earlier stalled vehicle we had at the bay bridge approaching the incline is now completely clear. look at this. the damage is done. that's the bad news. the metering lights were turned on at 6:11 backed up to the first overpass especially the cash lines so give yourself some extra time. the san mateo bridge instead of the bay bridge a good choice. traffic not too bad both directions. clear between foster city and hayward. bridge check golden gate bridge there we go not too bad. a little extra volume on the southbound side out of marin but so far traffic up to speed. we have reports of a brand-new accident westbound 580 at grant line. the good news, it's on the shoulder. traffic not too bad through there. you are going to see brake lights approaching greenville. westbound 4 just a little sluggish as you head through the antioch area but overall friday light. and checking your drive through san jose, traffic looking good on 101, 280. here's a live look at that area. not too bad. extra volume northbound through san jose but overall good. i hear we might see some 80s, tracy? >> i had gianna down here dancing! we are talking about molly ring wald, pretty in pink. pretty cool in spots for the upper 50s. later on today temperatures shy of 80 degrees. plenty of sunshine inland with again today's high temperatures warmest spots in the lower 70s to the upper 70s. probably wondering why are we talking about the 80s? as we move into the weekend 80s are expected to move in. today the upper 70s. 77 san jose, lower 70s in nature is and the mid-60s in pacifica. east bay location, you're close to the 80-degree mark. mid-70s in walnut creek, pleasant hill and concord and you get closer to the bay and it's about the 60s. north bay locations today a nice one lower 70s in san rafael and san anselmo and the mid-70s from sonoma to napa to fairfield san francisco 67. do you like the 80s? lower 80s inland, sunday upper 80s, and mid- to upper 80s well into next week. warmer weather moves back into the bay area. fest in oakland this saturday sun and clouds in the 70s. fleet week san francisco waterfront mostly sunny with conditions temperatures expected to be in the mid-70s. and just looking at that photo, gets me -- i get sick. i feel like i'm way up high. they are crazy out of control. that's a look at your weather. back up to you. back to you. >> thank you. here's a look at today's top stories. a waterfront restaurant in oakland went up in flames overnight. tiki tom's near the park street bridge caught fire about 11:00 last night and burned quickly. there have been no reports of injuries. legislators have met all night. there is still no state budget. the assembly has just adjourned and these are live pictures inside the state capital and the senate is still in caucus. they are looking for ways to eliminate a $19 billion deficit. here we go. san francisco giants won their first play-off game in seven years. they beat the atlanta braves 1- 0 last night to take a 1-0 lead in the best of five series. game 2 tonight in san francisco. how's this for losing the lottery? a million-dollar consolation prize. how one woman turned her bad luck know a big win. plus, gap's logo change. we'll tell you how it's adding brand damage. not everyone loves the results. êa [ male announcer ] barbara boxer. she fought to get our veterans the first full combat care center in california. her after school law is keeping a million kids off the street and out of gangs. and she's fighting every day to create new jobs. i'm working to make california the leader in clean energy. to jump-start our small businesses with tax credits and loans to create thousands more california jobs. i'm barbara boxer, and i approve this message... because i want to see the words made in america again. the results. êa welcome back. it's turning 6:25. gap is change its logo and not everyone is too happy with the new look. >> take a look at the clothing maker's logo, the before and after. the goal is to make it more current. but ad age called it something a child created using a clip art gallery. whoops. >> ouch. >> gap has been getting flooded with negative feedback so invited facebook fans to share their opinions and actually maybe suggest their own logos. >> so that brings us to our question of the day. what do you think of gap's new logo? we have gotten a lot of response. send your answers to mornings@cbs5.com and mornings@cbs5.com. or you can post your answers on our facebook page. we're also on twitter. will an all-nighter in sacramento turn into a budget deal? we'll have an update on this developing situation. >> the roller coaster accident at a popular theme park in southern california. a three-alarm fire in oakland guts a restaurant and sinks a boat. that story coming up. @@@@@@@@@@@@@@@@@@3q (announcer) did you know even the leading dishwashing detergent leaves residue behind? finish jet dry rinse agent removes residue and dries dishes better than detergent alone two times better. for a brilliant shine every time. finish jet dry rinse agent. finish. the diamond standard. state budget cuts are crippling my classroom, so i can't believe the sacramento politicians cut a backroom deal that will give our state's wealthiest corporations a new billion dollar tax give-away, a new handout that can only mean larger class sizes and even more teacher layoffs. but passing prop 24 can change all that. prop 24 repeals the unfair corporate give-away and puts our priorities first. vote yes on prop 24, because it's time to give our schools a break, not the big corporations. your realtime captioner is linda marie macdonald. caption colorado, l.l.c. goodrich. good morning, everyone. it is friday, the 8th of october. i'm sydnie kohara. >> good morning to you, i'm juliette goodrich. topping our news this morning, at daylight, fire investigators will try to get an inside look at a restaurant that burned overnight. an eyewitness caught the massive flames on its camcorder. sharon chin is at the tiki tom's in oakland with the video. good morning to you. >> reporter: good morning, juliette. right now, the crews are in fact putting out the hot spots, waiting until daybreak to see if the building is structurally safe enough to go in to investigate the cause of the fire. the three-alarm fire broke out at 11:00 a.m. at tiki tom's restaurant on 29th avenue near the park street bridge. firefighters report no injuries. apparently no one was inside. not only was the restaurant ablaze, a nearby pleasure boat that was tied to the dock also caught fire and sank. to protect the residential complex close by, fire crews brought in a fire boat that hasn't been used in years, decommissioned because of budget cuts but maintained for emergencies like earthquakes. crews say the fire boat helped put out the heavy flames. >> the fire was very intense. first arriving engine company reported full live involved from front to back. so i would say it was very intense. the fire cause is under investigation. no one has been able to get inside to start an investigation. >> reporter: again, the crews are waiting for daylight. they want to see if they can get inside the building to pinpoint the cause of the fire. we are waiting for that. meantime park street bridge is open. back to you. it is 6:31. a private conversation inadvertently taped on voicemail is just the latest controversy in california's gubernatorial campaign. that recording was released by los angeles police union officials. it's a conversation between democrat jerry brown and an unidentified associate about republican meg whitman's position on pension reform. >> the brown campaign orm. released a statement last night, saying, quote, this was a judgebled and often inaudible recording of a private conversation. at times our language was salty. we apologize to ms. whitman and anyone who may have been offended." >> well, the whitman campaign also released its own statement. it said, "the use of the term is an insult to both meg whitman and to the women of california. this is an appalling and unforgivable smear against meg whitman. at the very least, mr. brown tacitly approved this despicable slur and he himself may have used the term at least once on this recording. ." in sacramento, still no budget. but we may be getting close to one. the state assembly has just adjourned after approving all of the necessary spending bills. the senate is still in caucus debating the budget plan. one of the key issues, money for education funding. mark sayre is at san jose state with the differences of opinion between the democrats and republicans. good morning. >> reporter: good morning. the senate has been meeting all night. they are in caucus. and the latest information we have they are just one vote short they believe of where they need to be. meantime institutions that depend on state money are wondering what's next? the state assembly did approve by a bare two-thirds majority the major provisions of an $87 billion spending plan but so far at least the senate has not been able to get it done. the assembly version of the bill closes a $19 billion deficit but with some spending cuts but it also does make some assumptions about an economic recovery and also some help from the federal government and some of those assumptions are giving members of the senate pause. >> here is -- it's the pass the buck. it's the responsibility is down the road. it's to a new legislature to a new governor. and it's the legislature not doing their jobs. >> i'm absolutely opposed to this particular budget and that's my position. >> you will vote no? >> i will vote no on this budget. >> reporter: yesterday on the uc-berkeley campus about 1,000 people turned out to protest higher student fees and some planned layoffs. but ironically the budget that the assembly has passed gives both the uc and cal state systems about $5.5 billion, that is more than last year. so far, though, still no budget. we are now in day 100, when this budget is eventually passed it will be the latest budget passage in state history. mark sayre cbs 5. >> phil matier and willie brown will be here in 10 minutes to explain what's going on in sacramento in about 10 minutes. some scary moments for riders on a roller coaster at knott's berry farm in southern california. 10 people injured from a crash on the pony express ride last flight. a car didn't make it up the first hill. it rolled back and crashed into another car that was loading up people. the injuries said to be not serious. that's good. all right. let's check in with gianna who will tell us about traffic on this friday. is it smooth sailing let's hope? >> you know it is on the peninsula side of things but the east bay we have had a couple of trouble spots this morning. new reports of an accident in oakland. it's on surface streets so it's not affecting the main lines of the freeway but it is reported to have injuries. so 41st street and broadway possibly blocked through that area. you're going to see lots of activity for emergency crews and oakland pd so give yourself some extra time. you can see your approaches to the bay bridge not doing too badly as you just come off the eastshore freeway. you might see some slight delays there, we are seeing a backup at least beyond the first overpass. they turned the metering lights on. we had a stalled vehicle near the incline. of course that's now completely cleared out of the way but traffic is backed up through the area. san mateo bridge not a bad choice. 880 both directions, not too bad. some extra volume. southbound 880 as you work your you what way into hayward, 24 minus from 238 to the maze northbound on 880 and mass transit so far, so good this morning, no delays to the roll. heads up, bart extra trains will be in effect tonight to accommodate giants fans headed to at&t park. go, giants!! here's tracy with your forecast. >> you know, you sound a little biased gianna. >> a little. [ laughter ] >> yeah. we're all biased. go, giants! forecast for today, including some sunshine, hey, i'm biased. i like the temperatures but, you know, what, that warmup that's on the way i won't mind that either. 78 degrees in antioch today. 79 in pleasanton. 70 in benicia. 72 at oakland. 73 in hayward and the upper 70s in san jose and also in santa clara. 65 half moon bay. 67 san francisco. lower 70s kentfield. mid-70s in santa rosa and sonoma. today's temperatures slightly warmer than yesterday. 80s on the weekend. we'll have weekend temperatures coming up. >> thank you. more than 40 people have been arrested during a sting that targeted gang members in santa cruz. kcbs radio's matt bigler explains that federal officials took part in this crackdown. >> reporter: good morning. this is more than just one sting. this is a five-month investigation that happened in santa cruz partnering with i.c.e., immigration and customs enforcements, and the dea. here's what happened. santa cruz police about five months back called in help from these federal agencies to help deal with a rising amount of gang violence in the city including the slaying of two teenagers by suspected gang members. the santa cruz police chief decided to call in the feds to help track down the leaders of some of those gangs that were operating in the city and yesterday, we found out the results of that joint operation. they are calling it operation southern exposure. 42 suspected gang members have been arrested along with a series of guns confiscated, and a smorgasbord of drugs, everything from ecstasy to heroin. now, police say this has been a big success. they are also identifying some of the members of these gangs. they are two gangs that we know of, ther serenos and ms-13. not the end of this operation. santa cruz police say they want to continue partnering with the federal officials, with i.c.e. and the dea, until their gang problem in santa cruz is a step closer to being solved. i'm matt bigler in san jose for cbs 5. >> thank you. an imprisoned chinese dissident is the winner of this year's nobel peace prize but you won't read about it in china. the committee announced the award is going to liu xiaobo. he helped spearhead a campaign for more freedom in china and is currently in the first year of an 11-year prison sentence for subversion. the committee says it award the prize to liu for his long and nonviolent struggle for human rights in china. the chinese government is not pleased. its media blacked out the news and censors blocked reports of the nobel prize from internet websites. 6:00:39. troubling unemployment news could mean a rocky day on wall street. jason brooks has your moneywatch report coming up. also, it's the big buzz in politics. mayor gavin newsom's controversial new ad for lieutenant governor. cbs 5 political insider phil matier will be here with willie brown to talk about that and what's going on with the budget. one million dollars richer. ,, meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter? but deadly on fleas. so ask your veterinarian for advantage, the flea specialist, for effective, but gentle flea control. a slow friday drive on the bay bridge stacked up to the maze. earlier stall is clear but new trouble spot on the flip side eastbound bay bridge approaching treasure island reports of a stalled vehicle stuck in lanes so give yourself some extra time. else where a problem in oakland. they are clearing this accident at 41st street and broadway. it has injuries so lots of activity there on the scene. i am getting word though that no lanes are blocked just some stuff there on the right side of the road so may cause spectator slowing flight delays through the altamont pass westbound 580 overall not too bad. clear on westbound your eastshore freeway from the car cancer bridge to the maze. 19 minutes. stacked up as you hit the toll plaza. south bay 101 looking very friday light through there lots of green there. you can see 85 and guadalupe parkway checking in problem- free. live look at 280 now. northbound some extra volume through san jose as you head to the downtown area but overall traffic still moving well through that portion. if you are going to take the peninsula at all today, traffic light 73 miles per hour no delays 280 both directions heading into palo alto. don't forget, mass transit later on barred will have extra trains for giants fans but right now ace, muni, caltrain, all checking in problem-free. tracy has the forecast. >> the forecast for today, nice day shaping up for this friday. takes a lot for a friday not to go well. partly cloudy conditions this morning and cool in spots. 45 to 57. partly cloudy conditions around the bay and also for the coastline. temperatures this morning from the 40s to the 50s. this afternoon more sunshine expected and temperatures slightly warmer than yesterday from the lower to the mid-60s at the coast to our warmest spots in the lower to the upper 70s inland. today's highs, let's take a look at some cities, upper 70s in milpitas, 78 santa clara, 74 palo alto, 64 pacifica, 10 degrees difference from palo alto to the coastline. lower 70s in oakland and alameda, 70s in walnut creek to danville, and well inland temperatures shy of 80 in antioch, brentwood and even down in livermore. north bay location today 74 in santa rosa, 73 in petaluma, 62 in bodega bay, 62 in stinson beach, 72 in mill valley. and 67 in san francisco. five-day forecast, heading into a weekend we have a lot going on this weekend between raiders and the 49ers and the blue angels. a lot of different festivals so the weather is going to be picture-perfect. mid- to upper 80s inland. mid- to upper 70s around the bay and near 70 along the coast. take a look as we add on a couple of more days here wednesday and thursday as those temperatures continue to be a lot warmer than what we are seeing currently. here's a look at one event this saturday called woofstock walk and picture at the fremont central park, temperatures in the 70s. back to you. >> thank you. a san jose woman is waking up today a million dollars in richer. the lottery told 64-year-old judith tate she won but she didn't know how much until she showed up to a lottery party yesterday. so this is her, she is calling her husband to tell him the news. the retired accounting supervisor played a game called replay. that's where you resubmit losing scratcher tickets for a second chance to win. her ticket was chosen randomly by computer. >> i saw this in the store and i saw this sign, i -- this is what i saw. this is what registered in my mind. i mean, it didn't even -- it was like, $10,000. and then, uhm, it was a million dollars. and that was unbelievable. [ laughter ] >> it was unbelievable. >> tate happened to be laid off eight years ago and decided to retire when she couldn't find another job. she plans to pay for her granddaughter's college education and go see the statue of liberty. >> her family says she always wanted to travel and now she can. wall street reacts this morning to the september jobs report. here's jason brooks with kcbs and cbsmoneywatch.com. jason, good. >> good morning. fairly mediocre report for the labor market in september. we saw a net loss of about 95,000 jobs. mainly coming from government jobs. about half from census workers and their temporary jobs expiring and the other half coming from local governments, a lot of schoolteacher jobs an education jobs disappearing. private employers added less than expected but these numbers could fluctuate monthly. labor department went back in august and revised that number higher for private employer hiring from 67,000 to 93,000 jobs. so at least private employers are still hiring. not a whole lot going on, but at least it's not dropping off and that's heartening wall street a little bit this morning. also wall street getting a big boost from alcoa. the aluminum maker kicking off the 3rd quarter earnings season. they expect it to pick up from growing middle classes in countries like china, and yeah, russia and brazil and india. the stock market is up 25. nasdaq just turned negative by about 1. s&p up by 2. a lot of speculation yesterday on whether or not microsoft could be interested in buying san jose base add dobie. that set off a lot of speculation. adobe stock was up over 11% at yesterday's close. it would have been valued between $15 to $17 billion. but both companies this morning say there is nothing to it. they are meeting because they are partners on many projects. they might have been a good pair because they are rivals of apple. steve jobs noted for his antipathy of adobe flash and, of course, microsoft trying to make a bigger play in the mobile device market having not much success in that regard. but there are others saying that other companies could be interested in adobe such as google but right now, doesn't look like there is any deal on the table for microsoft and adobe. adobepy shares are reflecting that this morning. they are down over 6%. losing much of their gains yesterday, sydnie and juliette. >> that will give them something to chew on in silicon valley over the weekend. thank you, jason brooks with kcbs and cbsmoneywatch.com. our other big story state budget, on the verge of being approved this morning. >> phil matier is with former assembly speaker willie brown. i know you wanted to talk about san francisco mayor gavin newsom's commercial but this budget, it never seems to end. 100 days and counting. >> no kidding and this morning, the state assembly passed it and then they turn out the lights they lock the doors and say we're out of here and send it to the senate and they got 54 votes, that's all that's required and before anybody changed their mind they shut the house down. >> so they shut the house down before anybody can change their mind. and then they send it over to the senate where they are still short votes. >> they appear to be short votes. they have been voting since 5:00 a.m. in the senate. and before the broadcast ends, they could very well have the last vote that they need in the senate. they need 27. they could have those 27 by the end of the broadcast. >> any idea who is holding it up? what's the holdup? >> you can't reach anybody. the staff is not there and calling sometimes between 5 and 6 this morning just to get an update. knowing that i'm coming to visit you, lo and behold, nobody answers the phone. >> half the people have been up all night so they are probably numb from everything. now, my question is, on the pass from the assembly. >> 54-1. >> how many assembly people are there total, 80. >> so that means how many just sat there doing nothing? they didn't want to vote yes and they didn't want to vote no, right? >> 25. >> so 25 do what we call take a duck. >> no, 25 passed. [ laughter ] >> you call it taking a duck. >> 25 people, almost a quarter of the assembly, right, more than a quarter of the assembly, took a look at the budget and said no, i'm not voting one way or another on this. i don't want thinking to do with this. >> phil, you got to understand, it's an election year and it's a very tough vote to cast when you are dramatically reducing the amount of appropriations that translates into terminations in your district, the closure of dmv offices and all those kinds of things. education is being denied a certain amount of money. >> what you want to do in short is get it passed but you want to be able to say, i didn't vote for it. >> no prints. no prints. the murder occurred. and i was in texas. [ laughter ] >> how frustrating must be this for everybody who is watching this playing out in sacramento, on a furlough friday, people are waiting to get paid, the bills get paid from the state. >> well, that collection of people have been watching for the last 100 days with the same concern. most of the public, however, has no real clue of what the failure to pass a budget really means. >> we are not going to see any pushback come november because of this? >> no, no, no. they have orchestrated that vote in such a way that it has minimum liability to anybody running. that's why 25 people -- >> how do you pick. >> -- is out to lunch. >> if you are a republican, say, how do you pick win ones have to actually vote and take heat and who gets to take a pass? >> usually the leadership steps up to the plate first because the leaderrer ship is usually of the opinion that they are immune from voter reprisals. and then you carefully select the remainder of your votes that might be needed based upon no risk politically. >> so you sit there and go you get a pass? >> no. sometimes people volunteer. move my office and i'll vote. [ laughter ] >> really? give me a bigger office? >> they have been working behind the scenes just not on something that we need. >> for you to get a vote. >> what was the strangest thing anybody asked for you in return -- >> they didn't have to. i always went to them with aned why. first and foremost, the budget is a document that should be passed in june. which means you start in january. when you give somebody a committee assignment, you make somebody chairman of the ways and means committee you make it very clear you're voting for the budget. i don't care what's in t your resetting for the same budget i'm going to vote for. >> this is your office, staff, tight degree. >> you don't have to get there. you go to titles first. titles are more important than staff. titles carry staff. titles carry preferences. and so you make sure you organize the house so that you the leader can get a responsiveness from your followers and your followers get titles, majority leader, speaker pro tem. >> with me you get a title vote against me your office is in the bathroom? >> you don't even consider voting against me. you will be lucky to have an offers at all. >> it never ends. >> that's part of the democratic process. why would i reward my enemies? i reward my friends. my friends are the ones who follow my leadership and support the success that the house must have to move projects and policies, including but not limited to the budget. you also try to make the budget a item that cannot be used politically by anybody. we get that understanding at the outset. >> all right, gentlemen. we have to leave it there. but we'll keep our fingers crossed it happens today. thank you very much. >> i'm not sure you want your fingers crossed because the other part of the budget they haven't read it. [ laughter ] >> they are going to keep talking. >> thank you, gentlemen. we have to go. 657 4. other headlines today, a massive fire tears through a popular oakland hangout overnight. >> we'll have a live update on the damage at tiki tom's restaurant. t fire in the east b coming up, rescuers could be just hours away from reaching those 33 chilean miners who have been trapped underground more than two months. we'll take you live to the scene for the latest. we'll also reveal six sneak eve tricks that stores are using to get you to spend more. we'll tell you what to look out for. and the little girl in england who wrote a letter to her favorite movie character captain jack sparrow and guess who surprised her at her school, johnny depp himself. all this and more on "the early show." hi! welcome to progressive.com. come on in, and i'll give you a free quote. quote and compare in about 8 minutes. now, that's progressive. call or click today. [ male announcer ] it's luxury with fire in its veins. bold. daring. capable of moving your soul. ♪ and that's even before you drop your foot on the pedal. ♪ the new 2011 cts coupe from cadillac. so who called prop 13 a "fraud" and a "rip off?" jerry brown. who raised the gas tax as governor, and pushed for higher sales taxes? jerry brown. who tried five times to raise property taxes in oakland? jerry brown. who supported higher statewide income taxes? jerry brown. and who says, if elected, he'll ask voters for even more new taxes? jerry brown. governor jerry brown, again? hide your wallet. just brewing up some dunkin' donuts coffee -- want some? [ whoosh! ] i'd love some. one taste, and you'll understand. delicious dunkin' donuts coffee. pick some up where you buy groceries. america runs on dunkin'. an overnight fire in the east bay is expected to begin shortly. is in oakland, where the investigation into an overnight fire in the east bay expected to begin shortly. sharon chin is in oakland where investigators are waiting for a chance to get in the burned building. >> reporter: they are waiting to get just a little brighter here so that they can get inside tiki tom's restaurant seeing what caused the fire. right now, fire crews still putting out some of the hot spots there taking a look there from the ladder after the three- alarm fire. the fire erupted around 11:00 last night on 29th avenue near the park street bridge. firefighters say the whole building was ablaze when they arrived. they say there are no reports of injuries, no one was inside. but crews say near the restaurant a pleasure boat also caught fire and sank. the fire burned so hot that crews called in a fire boat they hadn't used in years. fire officers say it was decommissioned because of budget cuts but maintained for emergencies like earthquakes. so right now once again the cause of the fire is under investigation. shortly they should be able to get in there, see if it's okay to look at. >> thank you. let's head to the bay bridge right now couple of things going on. accident westbound 80 bay bridge at the suspension looks like a couple of cars blocking lanes. eastbound stalled vehicle at treasure island. backup to the maze. lots of bad news on this friday morning for bay bridge commuters. hopefully good news in the forecast. here's tracy. >> hey, thanks, gianna. seven-day forecast, today's highs mid-60s along the coast, lower 70s and the bay and the upper 70s inland. we are warming up over the weekend. and we'll take those warmer temperatures into next week. enjoy! that's your weather, back up to you, ladies. >> so nice, trace. thanks so much. just in time for a nice game tonight. you know what we're tacking about the