thomason says the officer had his gun drawn, focused on a wide-open back door, thinking a burglar might still be inside the house. >> the dog came out started charging at the officer. the officer was trying to back up. the dog was growling and when the dog got around 3 feet from the officer the officer discharged his firearm and this all took place within a second or two. this is a fast situation, a split second decision was made, and it's unfortunate but right now, looking at the report, it was necessary. >> reporter: ward hallock says gloria definitely a loud barker couldn't run any more because of severe arthritis. police say it turns out it was a false alarm. officers canvassed neighbors to try to reach the family and after an hour left the note. >> what i want the most is i want oakland police to work with me so that other families don't have to have what happened to us tuesday night. >> we're still going to do a review of this to make sure it's according to policies and procedures and if there are any changes that can come out or policy changes, we'll make them. >> reporter: in an email this afternoon the chief says, "it is an unfortunate incident when you have a family pet protecting its home and officers responding to protect the property. the end result is not something we wanted, and my heart goes out to the family who has lost their dog." the chief also adds that there is an investigation. now, allen, i have to tell you that a lieutenant is being sent out to the house to talk to the family face to face and to answer questions. police too have been receiving e-mails from people who want to donate a new puppy to the family. >> sharon, i'm sure leaving the note seems kind of cold to people, too. is that sort of a standard procedure for police? >> reporter: well, officer thomason explained that the officers were there after all this happened. they even went door to door canvassing the neighbors trying to find a phone number to contact the family. and they obviously couldn't stay all afternoon. they were there an hour left the note said call. and then the family came home after that. >> tough news anyway but that's really hard. sherry hu, thank you. well, we now know more about those men in black. the two commando type guards hanging out at the san jose airport. officially we were told it was a breach of security protocol. but we have learned that it was really much more than that. as kiet do shows us, there are gaping holes in the agency's story. >> reporter: they are now infamously referred to as the men in black. they appeared in the baggage claim area of terminal a armed with assault weapons and pistols. an airport security cameras captures them strolling over to the information security desk rifles dangling asking questions and hagging out for at least 7 minutes. they finally greet a passenger, help him get his bags and leave. was it a vip escort? well, not really. it turns out the men were security guards from lawrence livermore national lab here to pick up a colleague returning from a training exercise in texas. and when airport officials found out, they were very concerned. >> the fact that there were security staff from lawrence livermore laboratories here with weapons and in uniform and they had not prearranged a visit with san jose police department raises questions. >> reporter: the lab declined our request for an on-camera interview but confirms armed guards were not there for protection. the lab claims they were just there to help their colleague return equipment to the lab. in a statement to cbs 5, lab spokesman don johnston said, armed guards regularly make pickups on all bay area airports. they are supposed to notify the airport that they are coming, said johnston, but in this case they did not. but when cbs 5 checked, neither mineta san jose nor oakland international or sfo had ever heard of the practice. >> i'm not aware of any direct dealings with the security force from lawrence livermore lab. >> reporter: the sfo spokesman says he hasn't seen anyone carrying assault weapons at his airport since 9/11. >> this is not something you normally see in the united states. people get very upset about that. >> seems like nonsense to mees. >> reporter: peter stockton with the project on government oversight is an expert on security issues at nuclear labs. >> the one situation where they are authorized to have automatic weapons off site is when they are in hot pursuit of someone who they believe or have been told has special nuclear materials. that's the only situation they are allowed to do that. if indeed something happened down at the baggage claim area and all of a sudden the airport police are deployed, they could end up shooting them. >> reporter: what's more, the guards aren't even important federal officers. they are just security contractors. >> it's one thing to be a sworn officer who has had proper police training, weapons training. we do not know what type of training these people have had. >> reporter: in san jose, kiet do, cbs 5. >> apparently now the feds are concerned, as well. in a statement to cbs 5 the national nuclear safety administration, which oversees security at all of the nation's nuclear labs, told us: protective forces are authorized to carry their weapons off site only under certain circumstances, for example to protect key assets. which in the san jose incident does not appear to be the case. well, it's the same problem facing cities and counties across the state as well as the state of california itself. soaring government employee benefit cost with virtually no way to afford paying for them. tonight, leaders in san jose are trying to find a solution to that problem. len ramirez shows us, city residents make get a say, as well. >> reporter: some san jose police and firefighters can really look forward to retirement knowing that future pension checks can be even bigger than their current paychecks. >> it's clearly out of control, the amount of money we are going to have to pay for retirement benefits. >> reporter: mayor chuck reed says a new city auditor report shows how deep in a hole san jose is. the city owes $5.4 billion in pension benefits. its assets only cover $3.4 billion leaving $2 billion unfunded. reed says pensions are leading the city down a path to bankruptcy. >> we know that if we don't do something about these pensions, you can just follow the data and you will see that at some point the city will be unable to make the payments, unable to cover the unfunded liabilities, and unable to pay our bills because of the enormous increase in pension benefits. >> reporter: mayor reed is now staking his political reputation on reforming the system with two ballot measures. v would change binding arbitration rules when contract negotiation break down with city unions. measure w would create a new tier of lower pension benefits for new employees. but the measures are being bitterly fought by labor unions. >> we are trying to protect our police officers and firefighters from having their pensions raided. >> reporter: robert is a fire battalion chief who is part of a well organized campaign to defeat measures v and w. >> some real issues to fix in our pension system and we stand ready to sit at the table and work on those issues. but we do see a tremendous amount of waste in the city system and continuing to scapegoat our folks to try to raid the system to take money out of it isn't fair. >> reporter: ultimately, san jose voters will decide what is fair. in san jose, len ramirez, cbs 5. >> also struggling with big worker benefit math problems is a.c. transit. but tonight, the agency is celebrating a big financial windfall. today it was awarded $5.4 million in federal transportation funds. it will use the money to upgrade software and develop new processes to maintain the fleet of 600 buses. a.c. transit officials say that in these tough financial times, the money couldn't have come at a better time. how about this? the big breakthrough under devil's slide and you will get to drive right through it. >> it's not prop 19. but it's a step in that direction. the big change in california law when it comes to marijuana. if meg whitman is down you might call this piling on. who is pointing fingers and preparing tv ads in the midst of nanny gate? ,, texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases 50%. the school budget goes into a 100 million dollar deficit. the schools become so bad the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. road projects. sharon chin is at devil's slide, where there is literally light at the end this do every. a major milestone at one of the bay area's most highly anticipated road projects. sharon chin is at devil's slight where there is literally light light at the end of that tunnel. >> reporter: back beyond the closed door of the tunnelsparktacular. you know, for the last three years construction crews have been digging through the devil's slide tunnel in the dark but today they are seeing the light. >> reporter: you could hear several minutes of rumbling and then cracking as they smashed through the northbound bore of the devil's slide tunnel. the 3-year-old project is seeing daylight for the first time. local and state government leaders gave caltrans workers a pat on the back afterwards. >> milk. it's been a long journey. amazing. so glad it's almost over. we still have some more work to do but we are getting there. >> reporter: this $342 million project, the state's first highway tunnel since 1964 is a month ahead of schedule. >> this happened four weeks earlier than anticipated. >> reporter: how? >> a lot of things. they are working hard and they got out of the hard solid rock a little earlier. >> reporter: the tunnel, good news for those who live on the coast that get stuck when winter rains and mud slides force devil's slide to close. a citizens group fought for the tunnel for years instead of a six lane bypass. >> it is beyond excited. i'm absolutely beyond belief thrilled with how good a project this is. [ applause ] >> reporter: cruise have been using a austrian tunneling technique to build it. they analyze the soil to be excavated and then use different machines to dig it out. workers were punch out the southbound bore next week and focus on the inside. >> watered proofing, the final rebar, all the electrical work and everything else, and eventually we'll get to the end and it will be complete. >> reporter: the project manager says the tunnel should be done by the year 2012. right now it's about 70% complete. >> wow. this is great. maybe they can go work on the bay bridge when they get finished. [ laughter ] >> reporter: a lot of construction going on here in the bay area, you bet. >> a good thing. sharon chin, thank you. well, they are racing the weather clock so to speak but roberta, our weather clock isn't that bad, is it? >> for the first day of october we hit seasonal highs. it was 62 degrees in half moon bay. and it was 86 degrees in concord. let's take a peek outside. this is our live cbs 5 weather camera looking out towards the hazy mount vaca. you can see the deck of low clouds and fog in the distance there as we look due west. meanwhile, let's head to the coast to the west where we do currently that deck of low clouds and fog flirting with the immediate seashore, will be pushing onshore after the first pitch is thrown by matt cain at 7:15. game time temperature heading out to at&t park and by the way, lucky you, 59 degrees, cloudy and breezy. dress in layers. sun-up at 7:05, nobody will see it. clouds retreat, partial coastal clearing. temperatures coming down a little. 50s, 60s at the beach. east of the bay 60s from richards through berkeley into alameda and then the 70s. 84 degrees for brentwood and danville. 79 in santa rose and sonoma. the extended forecast calls for the coolest day over the weekend to be on sunday. and then we'll have a little bit of a butchup in the temperature often tuesday only to slide back down on wednesday. it's a dry weather pattern until next time this week. >> thank you. october is latina heritage month. and today mills college in oakland celebrated the event by inviting civil rights activist to speak at an event of she was honored for being a champion of social justice and an advocate for the rights of farm workers. today is the 20th anniversary of the mills strike. students at the all women's college protested a vote by the board of trustees to admit men. after 16 days of demonstrations, the decision was overturned. mills remains the only women's college in the country to reverse a vote to become a co- ed school. california has not decriminalized marijuana yet. but it is one step closer. that's coming up in two minutes. "medieval knight fest". angry peasants can mess up a car really bad. matt, my mercury agent, helped me file a claim right away. turns out mercury not only saves me money, but they also cover medieval mob damage. they got my car fixed in no time. call 888-4-mercury or visit mercuryinsurance.com to get a fast free quote and start saving today. 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. philip and nancy garrido now face 19 counts each. it's today a grand jury indicted the couple accused of kidnapping jaycee dugard. phillip and nancy garrido face 19 counts each and it's not clear what the charges are. but three move eliminates the need for a preliminary hearing so jaycee dugard will not have to testify until the trial. nancy garrido's lawyer entered a plea of not guilty for her client. no plea was entered for phillip garrido yet. three defendants were acquitted today of felony charges stemming from a 2009 fight at jesse bethel high school in vallejo caught on the school's surveillance video. the jury found that three people were not guilty of assaulting and torturing a basketball player. they were among 8 people indicted in the attack of 17- year-old lee. there is no trial date. >> investigators are trying to figure out what sparked a fire in the east bay. they are calling it suspicious. it broke out in the keefe tier yeah at de anza high school this morning in richmond causing more than a million dollars in damage, breaking out in the cafeteria. three fire extinguishers were discharged, and food and cigarettes were strewn around the cigarettes. footprints were found which could provide important clues. so far there are no suspects. >> why would somebody target the cafeteria? >> oh, i don't know. probably because it's very noticeable because they use it for lunch every day. >> school have enough tragedies and challenges to have one more thing we have to pay for is a problem. >> the building was set to be demolished because the district is building a new school. but the bad news is that it wasn't supposed to happen until next summer at the earliest. he still gets prop 19. but governor schwarzenegger just did something that will win back some love from california pot smokers. kara finnstrom on the difference between a misdemeanor and an infraction. >> reporter: workers at sunset junction organic medicine, which sells medical marijuana, support the new law which makes possessing up to an ounce of marijuana no more serious than a speeding ticket. >> the more we get this close to legal and finally make it, you know, the prohibition is over, then we can finally get ourselves to where we should have been all this time. >> reporter: the new law reduces possession of less than an ounce from a misdemeanor to an infraction with the maximum penalty of $100 fine. in the past defendants could have face add remember, possible court appearance and criminal record. >> there are a lot more problems going on in the world that we need to spend time and money on. because the state has so little budget right now i'd rather see them spending money helping us at the hospital. >> reporter: california's governor says he signed the bill into law because the court systems are clogged. he doesn't support legalization of marijuana. betty disagrees with making possession any less of an offense. >> i think anybody who is on cocaine or heroin or crack or whatever started with marijuana. and, you know, self-imposed restrictions don't very often work. >> reporter: california's major police associations have all opposed the legislation saying it would discourage those from getting drug treatment. the new law takes effect the first of the year. just to clarify, even as a misdemeanor those caught with less than an ounce of marijuana wouldn't face the possibility of jail time. what they did face was the possibility of a criminal record. reporting in studio city, kara finnstrom, cbs 5. the so-called scandal broke two days ago and you're about to hear a lot more about it in the form of political ads. who is trying to capitalize on "nanny-gate." and the first indications of what it might mean for the california governor's race. unless you work it all the time, you can make it work for you. how to make money off your own car. >> and for the san francisco giants, so close yet so far. we're live at at&t park. a corporate lawyer for a credit card company fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right. i'm jerry mcnerney, and i approved this message. recent poll shows gubernatorial candidate jerry brown has the political experts say the latino vote could be a game changer. one poll shows jerry brown has the earning over rival meg whitman with la teen flow voters. he may have widened his lead. simon perez tells us what she faces in the weeks heading into this election. >> she is a multimillionaire and spent millions financing her own campaign. she obviously didn't really care very much about her own staff and the people who work for her. >> and the thanks that she got for that was to be kicked out of the whitman household. >> reporter: although these people weren't likely to vote for meg whitman no matter what, their criticism does highlight the potential impact of this scandal on her campaign. whitman spent a lot of money to win over latino voters and by some accounts it was working. one poll showed her tied with jerry brown among those voters. >> what this scandal does is it levels the playing fields. >> reporter: political consultant says media coverage of this scandal is a boon for jerry brown because it reaches out to the latino community for him. >> the number one problem problem with the scandal the drying up of money she won't suffer from that. but it certainly. is going to do -- i think it levels the playing field particularly in a spanish language media. she was broadcasting there stepping a tremendous amount of money to tell her story and now they will hear another side of the story. >> reporter: he says the spanish language media is very powerful. >> you saw hundreds of thousands of people march for immigration reform based on talk radio in spanish, being asked to come out by a few spanish language deejays in l.a. >> reporter: indeed, jay says that story line of immigrant housekeeper working for the rich and famous resonates. >> we know these characters. i mean, if you have read these cinderella stories, now about cinderella the evil stepmother, and meg whitman is playing the evil stepmother. >> reporter: if there is one saving grace for whitman it's that this could go too far. >> the media tends to pile on in these cases. that pile-on tends to engender sympathy for the person being targeted. >> reporter: remember, whitman says she had no idea her housekeeper was an illegal immigrant and as soon as she found out she fired her. in fact, immigration lawyers have said whitman did nothing wrong. but it might not make any difference. in san francisco, i'm simon perez, cbs 5. >> joining us for more perspective on meg whitman's nanmy problem and the governor's race, professor of political science at usf and our political analyst james taylor. she has spent so much money targeting the latino community, what does she have to do for damage control to reach out to those voters again? >> i think she has to sort of reset and sort of go back and articulate the trial interest in the latino community, for immigration reform and so there is a real challenge for her to change her message. >> she may not deal with it and she can get her campaign back on track. >> this is a game changer. jerry brown even if he had the budget couldn't have paid for something like this? >> $120 million has been spent and then you have this poor migrant woman, this poor... immigrant woman... hoe change the entire narrative of the california gubernatorial contest. this is a phenomenal moment in american political history and california political history. we have seen this before with michael huffington someone who flooded the campaign in 1994 with millions of dollars and we find out they hired a nanny who was undocumented. so we have seen this before and it didn't work for huffington and i'm afraid unless miss whitman can pivot her campaign in the next week or so she is in trouble. >> give us the gloria allred factor. is she a factor -- there's been an awful lot of noise about allow she has contributed to democratic campaigns and -- what do you think? >> she certainly is a surrogate of jerry brown. she has contributed to his campaign. it's more difficult to establish a relationship between this incident and jerry brown and gloria allred. so gloria allred i mean is a strong feminist woman and would you think that as a feminist she would be more supportive of the first serious female governor -- gubernatorial candidate in california history. but i guess there are other agendas. she is a strong democrat so she would want to shipwreck meg whitman's campaign. and everyone knows that. but it seems that she can't attack jerry brown so what gloria allred has done i think it makes meg whitman look petty and disoriented to constantly interjection jerry brown into this to offer jerry brown a lie detector test. needs is to be on message. she needs to be talking affirm till about what her commitments are towards california. every minute we spend talking about this incident, she is losing. >> this is going to come up at the debate tomorrow at fresno but what does jerry brown do it? >> leave it alone. if he threw this rock, he should hide his hand and act as if he has nothing to do with it. he has a 40-year track record with californians. he doesn't have to deal with character issues. so jerry brown is not implicated in this at all. >> very insightful. professor james taylor, thank you. all right. should be an interesting event tomorrow evening given all of this. meg whitman squaring off this will be their second debate tomorrow. it's tomorrow morning at fresno state. well, have a car but don't live in it? how you can take your ride's down time and turn it into some cold, hard cash. and the force is strong with this one. how the folks that brought us "star wars" are making a few extra bucks just for how they choose to get to work. ians love their cars ,,,,,,,,,,,,,, schwarzenegger signed a bill that will let us share our cars and make money doing it. don knapp on the environmentally friendly program. governor schwarzenegger signed a bill to let us share our cars. don knapp on the environmentally friendly program. >> reporter: horsepower, chrome and sound systems. for many of us, cars are an ego tripping extension of our personalities. but for some of us, cars are just transportation. and if that's the case, paul has idea. >> the idea is you can take your own car and turn it into a car that other people use for money. >> reporter: rent it out. paul's company in conjunction with a nonprofit city car share will do the. >> he is have to have electronic records for when someone accesses the vehicle and when they are done with the vehicle. and so that's what spry does. >> reporter: city car shares 13,000 members. using electronic key fobs to unlock a reserved car. a computer tracks the rental an hour at a time and charges it to a credit card. spry hopes to make a profit by adding individually owned cars to the mix and sharing the rental fee with owners. >> i have rented rental cars before and i know how people treat them. >> i think it's really great. good idea. >> reporter: but not for you? >> maybe one day. [ laughter ] >> reporter: parting with the keys to your car even for a rental fee doesn't come easy. >> my only concern is i don't trust other drivers. >> reporter: paul says he signed his other car up and made $30 last weekend. there is a little scratch in the fender but he says he did it. >> i don't think you should put your car in if of' worried about it. our insurance covers the issues so if there are damages then we'll take care it of. >> reporter: city car share are looking to sign up 20 people willing to rent their private cars to total strangers as part of a pilot project. they will evaluate that project before going ahead with the plan. in san francisco, don knapp, cbs 5. healthy workers means lower healthcare costs. higher productivity and fewer sick days. in just a few years, thanks to healthcare reform, employers who offer wellness programs will get a benefit. dr. kim mulvihill reports on a bay area company that is already light-years ahead of the game. >> reporter: every day he jumps on bart, jumps on his bike and pedals four miles north. lucas films located in the presidio. >> biking to work it's me an opportunity to get a little bit of exercise in. >> reporter: but perkins gets a lot more than a boost to his health. any employee who bikes or walks to work gets a cash bonus. >> so that actually helps offset all my bart fees and things like that. so it's something you can't pass up. >> reporter: move over, evil empire. at lucas films, employees are offered incentives to stay healthy. >> we're very lucky to have all these wonderful things provided for us. >> meals are made to order with fresh whole some ingredients. the cafeteria offers organic farmer's market making it easy for employers to take healthy home. >> being a parentover a lot of time so it makes it convenient. i definitely picked up things and brought them home that night and served them for dinner. >> reporter: the company fits in fitness as well. >> the running group is fun. it helps you obviously we get a chance to sort of explore this beautiful environment that we're in and get a little exercise at the same time. >> we also have yoga classes, pilates classes, even a masseuse on site. >> reporter: fitness specialist alex. >> i do core training and stability training within a lot might have classes, things to help build your back muscles back up, your core muscles back up so when you go back to work and sit all day you're able to hold yourself up straighter and that helps your health overall. >> reporter: the idea? you don't have it be a jedi master to see the bigger pictures. it all adds up to a healthier workforce. >> we definitely find a direct correlation between a healthy employee and this kind of inspired creativity. >> reporter: miles perkins speaks for lucas films. >> we can do better stories, better visual effects, better games and everything with employees that are healthier. >> reporter: for another employee, the benefits extend beyond a healthy body. with on site child care she can see her 2-year-old anytime during the day and that means a lot less stress. >> all these pieces of my life sort of together and it just helps to make it all a little more cohesive and it makes it just a really wonderful place to be. >> reporter: and all that helps to keep the dark side at bay. dr. kim mulvihill, cbs 5 healthwatch. >> raise your hand if you want to work there! all right. we're going to go out live now to at&t park and look at the giants bullpen. not just the important factor in the giants play-off. also the subject of tonight's "good question." that's coming up. i'll pinpoint that weather forecast for giants baseball action, plus your weekend outlook as eyewitness news continues right here on cbs 5. ,, 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? when i found out i had cancer, i was so scared. i couldn't get a grasp. i felt very out of control. i'm very grateful for them being there and making me feel safe and important. i'm so happy to be alive. i got my hair back. announcer: at sutter health, our story is you. for more stories, visit sutterhealth.org. greed. the wealthiest corporations. billions in profits and bonuses. and the sacramento politicians just gave these same corporations a new billion dollar handout... paid for by cuts to education and public safety with no guarantee of creating one new job. but we can change this by voting yes on proposition 24. prop 24 repeals the billion dollar giveaway and protects our schools and communities. yes on prop 24. it's time to give us a break... not the big corporations. clinching the national league west. the relief pitcher, we're pitching to kim coyle. she is at at&t park. >> reporter: the giants are just one win away from clinching the national league west crown. thanks in part to some outstanding pitching from their bullpen. adair in sausalito wants to know where did the term original bullpen originate in baseball? ken bastida has tonight's "good question." >> a shot into left field on an 0-2 pitch. >> reporter: baseball has its own language. there's the pickle, cheese, can o corn, cup o coffee, dugout, mound, the box and the bullpen. >> usually an enclosed area with the mound and a home plate so it's usually enclosed like a bullpen like a stock yard or a rodeo before the bull goes out to do the show. >> reporter: it's hard to nail down the origin but the giants vice president says he thinks the giants may have some history with this one. >> the giants played in new york, there's big stockyard very close to the polo grounds which when you go out to left field to warm up or right field you're close to the stockyards so you're going out to the bullpen. >> reporter: the term bullpen first shows up in an 1883 "new york times" article describing the area where pitchers were warming up. some say it referred to an area near the bull durham tobacco signs along the outfield fence. others say the great manager casey stengel the guy who really got it going. >> he always told his pitchers, don't shoot the bull in the dugout. go out in the area where you warm up and stay out there. >> reporter: now you know about the bullpen. that's no bull. i need your good questions. send them to me at cbs5.com. >> in other words, there is still a lot of debate over that. >> everybody is on fire with excitement for the giants baseball game. first we'll head outside and head to the mount vaca cam. our live cbs 5 weather camera picking up official sundown at 6:52 and you're able to see the sun as it diminishes and sets there in the inland areas. but along the coast we're socked in. this is the scene now at at&t park. you can see at the horizon low clouds and fog gathering. game time temperature at 59 degrees. it's a bit breezy. see flag on the fly? we have a pretty impress every sea breeze out of the west at 18 miles per hour. some gusts are up to 24 miles per hour. but those winds will begin to dial back as the sun does set. but what a beautiful night for baseball heading out. you're a little late so have your jacket. clouds will fill in at&t park later on this evening and reach inland a good 60 miles. we have official sun-up at 7:05 and nobody is going to see it. clouds retreat back to the coast with partial clearing. meanwhile an area of low pressure to the north of us. subtropical moisture to the south causing some thunderstorms in the forecast for fresno tomorrow. cupertino 79. 50s and 60s at the beaches. 80 in san jose. this is one of my favorite runs in the bay area the rock 'n roll half marathon. it's on sunday. cheer everybody on if your' not running. it's a really good time. meanwhile, 60s around the bay tomorrow. 80s the further east you go. the winds blowing out of the west a good 10 to 15 miles an hour during the afternoon hours. meanwhile, in walnut creek, we do have this weekend tomorrow in fact oktobercreekfest. good eating there. 63 tomorrow when typically we should be at 73 this time of the year, in san francisco. 74 san anselmo with partly sunny skies and upper 70s in sonoma, 84 degrees towards the delta. sonoma harvest fair lots of sunshine and temperatures in the mid-70s. that's a good time. lots of fun things for this first weekend in october. and we have dry conditions over the weekend. sunday will be the coolest day coming up of the two. meanwhile, full-on sunshine on monday upper 50s to the mid-70s and we have 84 degrees by friday. let's go giants. our own greg sent this in, at&t park wishing the team luck tonight. >> all right, roberta. thank you. go giants! it was once a felony. soon getting caught in possession of marijuana will get you just an infraction ticket. tonight at 10:00 on the cw, 11:00 on cbs 5 the positive and not so positive implication coming from today's decision. matt cain the birthday boy, just took the field. what do you suppose he wants for his birthday? he is getting ready to take the mound. an n.l. west title would be nice. we have a preview coming up in sports. [ male announcer ] carly fiorina. as ceo, she laid off 30,000 workers and shipped jobs to china. china. india. russia. poland. i know precisely why those jobs go. [ male announcer ] because fiorina shipped them there. to shanghai instead of san jose. bangalore instead of burbank. proudly stamping her products "made in china." 30,000 workers gone while fiorina took $100 million for herself. carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer, and i approved this message. are only one hundred thirty miles apart. they may as well be on different planets. sacramento, mismanaged, ineffective. silicon valley gave us apple, intel, ebay. here meg whitman started with 30 people. led them. managed them. executed the plan that grew this main street company to fifteen thousand employees and made small business dreams come true. to change california let's send meg whitman up the road... about a hundred and thirty miles. at&t they have just finished the national anthem. >> they are ready to play ball. >> kim? >> can you hear it [ [ applause and cheers ] >> they are definitely ready to play ball here tonight. i have been looking around, guys, to see if there is any champagne on ice. the giants will not confirm that, of course. they are a little superstitious. but we all know what is at stake this weekend. the giants win one game and they clinch the n.l. west for the first time since 2003. but it hasn't been easy for the giants against the padres sinc they are 5-10 this year against their division rivals. >> down the left field line... fair foul, gone. padres win on a walkoff. >> reporter: the padres had the giants' number early in the season winning 10 of the first 12 games. >> padres coming to at&t park... and they sweep the giants. >> reporter: the giants spent all of summer trying to catch the padres and despite being four games up heading into the final months of the season, san diego manager bud black knew the race was far from over. >> they are not going anywhere with that pitching in that line- up. you know, they're a good team. >> reporter: all the early season struggles were erased during a key four-game series in san diego. >> posey hits a high drive... left field... out of here! >> reporter: the giants took three of four and left southern california tied for first place. >> got 'em and that's ballgame. the giants and padres are tied in the national league west. >> reporter: the giants stayed hot winning 10 of their last 15 games while padres have stumble to the finish line losing three out of four at home to the woeful cubs. >> that was kind of how do you say be a nice little ending to the story for our season to come out champions. >> reporter: earlier today the giants announced that andres torres was the worry of the mccovey award and it was a landslide. this award is given to the most inspirational player as voted by his teammates after spending over a decade in the minors, torres made the most of his opportunity as the giants leadoff hitter. he hit 16 homers, stolen 25 base, and played [ indiscernible ] a gold glove center field. >> gets everything going. he's a spark plug. he is not only what he does on the field but just kind of the -- his makeup and what not. adds a lot to the team. >> reporter: of course, torres joins an exclusive group of those who win the award. dennis, you have been getting out with the fans. what's it been like? >> reporter: this is like a play-off atmosphere. it really is. obviously, they can make the play-offs tonight. the giants haven't been to the world series since 2002. one of the stars of that team of course was jeff kent and jeff kent is at the ballpark tonight. how does this one compare to the play-off teams that you had? >> i can only give you an emotional answer because i haven't actually been following baseball much. i follow a few players here and there. posey has kind of struck me as a talented young kid. the pitch staff i played against some of these pitchers, zito, cain, never got to hit against lincecum. the giants teams that i was on were resilient and this team has been that, you know, trying to pull it off in the last couple weeks of the season to win a championship is admiral. >> reporter: if there was a player to put on your team to put you over the top, who might it have been? >> i'm impressed with cain. i saw him when he was young, green, a good thrower, he is a good pitcher with a better idea of what he is doing. if we could have him on our team i would be wearing a world series ring right now. >> reporter: i know you weren't too happy about losing that cal baseball program. it's been a couple of days now. how do you feel? >> disappointed. we are trying to gather our thoughts the best we can to try to salvage, you know, a program that a lot of great players had come from and great men, great businessmen. you know? i employ -- as a businessman, i employ over 50 people, at one time 100. and the lawyers and doctors they were all baseball players and now that program is going to be eliminated. it's tough. so, you know, we weren't forewarned about it, either, the players. so we're going to try to do our best to salvage a program that we love. >> reporter: you think you can do something to keep it alive? >> i don't know. we're going to try. , you know, we'll investigate the processes i think that took place on why it was eliminated. i think we'll try to figure out if there is even room to try to salvage the elimination. >> reporter: that's jeff kent, a product of cal baseball. he hopes to keep baseball alive at the university of california. jeff kent is here tonight because he was a recipient of the willie mac award. he is about to present that award. >> last year's recipient is going to take the mound tonight and he is 26 today. bruce bochy called him an old man what does that make us? >> a little older. >> cain has been the giants ace over the last six weeks. 4-0 with a 2.45 earned run average and 43 strikeouts in the last numbering of games. richards for the padres. late breaking 49er news. starting safety michael lewis did know travel with the team to atlanta for, quote, personal reasons. he supposedly lost his starting job to a rookie and asked for relief earlier this week. what do you think of this matchup tonight, dennis? >> well, don't blink. i think it's going it be a quick game. clayton richards is a great pitcher had the giants number in five games and we know about matt cain. it's going to be a fast game. >> reporter: if the giants win, they said they are going to take a victory lap around the stadium before they head into the clubhouse to enjoy that champagne. dennis is out of here. >> we brought our champagne clothes on tonight. >> there you go. >> ready to go. >> if andres torres is an old man at 26, then we're dead, guys. >> all right. we'll see you at 10:00 and 11:00. cbs 5 dot com. our next sensitive skin runs in the family. oh, yeah. 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