told us this break-in happened here sometime overnight. victims are making a common mistake such as leaving their window cracked open or leaving their doors unlocked with valuables in plain sight. >> getting into the back of the pick-up and picking up the compressor hose. >> theresa played for surveillance cameras that clearly shows a compressor and a hose from the back of their pick-up truck parked in their driveway. it shows two other young men wearing gloves methodically trying all of the doors to see what else they can steal. >> it is frustrating and upsetting and sad. >> reporter: her husband jerry told us on the same night thieves broke into two other vehicles in their neighborhood. >> and they were literally walking back and forth across the street as if this was a shopping market. >> most of these are from unlocked vehicles. >> reporter: the sheriff says this pile of police reports document the 36 break-ins that have taken place in various residential neighborhoods in and around san carlos during the last six weeks. we had no trouble finding vehicles with items in plain sight, this one with the doors unlocked. >> we have had some stuff stolen such as coins and cash and some things as serious as a shotgun stolen from a car. >> investigators don't believe a crime ring is responsible. but people looking for valuables unattended. as for buoyton this break-in was the second in less than a year. >> i don't know how to explain it. i feel sick to my stomach that my neighborhood is not protected. >> reporter: they told us it is very different than 20 years ago when they first moved here. now they make sure that everything is locked up tight. reporting live here in san carlos, amber lee, ktvu, channel 2 news. >> we have developing news tonight from the san leandro area. alameda sheriff's deputies are searching right now for a gunman following a shooting after 7 p.m. that left a man in critical condition. the search is concentrated at an apartment complex on 115th avenue and east 13th. we are told a number of people are seen leaving the area so investigators have a lot of people to track down. the victim is at eden hospital tonight. >> at the state capitol in sacramento today, democratic members of the legislature pledged they will meet tomorrow's deadline to pass a balanced budget. there are two proposals, one includes tax extensions and one does not. >> i think the most important thing today is that we are going to respect the people's deadline. >> if the legislature does not pass a budget by the constitutional deadline, lawmakers won't get paid. the state senate has one plan to make cuts to education and other state programs. the assembly plan raises some taxes, for example, taxing online retailers and charging homeowners for fire protection. a new field poll released exclusively to ktvu today shows californians have little faith in the state's ability to balance the budget. maureen naylor has the results of that poll and talks to people about why there is such a lack of confidence in sacramento. [ music ] >> more than 100 dementia patients come to the san jose care facility every week. they play music and games. >> i get nervous every year. if you don't know what's going to happen. >> reporter: with the june 15th state budget deadline here, those who run this non- profit feel they are the ones who get played because when no budget is passed it is a check mate situation for the $100,000 they rely on from the state each year. >> with no state budget the state won't issue those checks. we are expected to still meet our contracts and deliverables with no payments. >> reporter: the new field poll showed 35% surveyed have little confidence in the governor's ability to fix the budget. 56% don't have much confidence in the legislature and don't want to pay higher taxes to pass the budget. >> we really don't get out of this recession without paying some taxes. i for one am willing to go there. >> as far as being confident coming to an agreement and having the budget passed, i have no confidence in it at all. >> been going on it seems like every year. they can't agree on a budget. and it drags out and crass out and drags out. >> reporter: the al tsunamier's center has -- appears heimer always heimer's center has two options. >> those here at the center say the state budget must be reached within 30 days before they have to make that tough decision. in san jose, maureen naylor, ktvu, channel 2 news. one man is dead tonight after a crash on the down barton bridge. that accident happened just after 3:00 this afternoon. news chopper 2 was above as the highway patrol investigated the crash involving at least two vehicles. the accident blocked two westbound lanes and caused a traffic jam that lasted about two hours. so far no word on the man's identity. no other injuries were reported. >> a new twist to the smart meter debate tonight. an oakland homeowner tells us a pg&e installer threatened to discontinue his power when he told him he didn't want a smart meter installed. and he recorded the exchange on his cell phone. >> what they will do is put you on a refusal of installation list. and they are going to call you and discuss with you either cutting you off at the line or allowing us to put it in. >> what do you mean cutting you off at the line? >> they are going to discontinue your service. >> the tape was made public by stop smart metres.org. the group says the metres pose a health risk. it doesn't know if the installer is actually a pg&e employee, but regardless he gave incorrect information. pg&e does not turn off service and the utilities' customers can delay the installation of smart metres while the opt out program is finalized. new at 10 tonight, the clock is ticking tonight for five san francisco smoke shops to adhere to new rules. it's all part of a legal settlement with the city attorney. ktvu's eric rasmussen is live now in the city where authorities say these shops were encouraging the use of crack cocaine. eric? >> reporter: they say there is no legal use for certain glass pipes like this one. but we were able to walk right into one of those five stores and buy it today for $10. now, we are handing this over to the police tonight. the city says those five stores have 24 hours to do the same. but we've found one store owner tonight who seemed ready for a fight. >> is there a reason you don't want us to shoot on the sidewalk? >> yes. turn off your camera, please. >> we got this angry reaction from the owner of the rock on smoke shop on mission street when we tried to ask him about what he was selling inside. >> i don't want to talk to you, okay? please turn off your camera and leave. >> reporter: he said he didn't know about a settlement just reached with the san francisco city's attorney's office. it says five smoke shops that were being sued agreed to stop selling illegal paraphernalia like crack pipes and pay fines between $5 and $11,000. some places say they have already started making changes. this smoke shop just added a second door a month ago to keep these pipes out of reach and out of view of children. this store on the corner of 16th and mission stopped selling all pipes completely. but the owner says the new rules should apply to all smoke shops in san francisco. >> everyone, you know, everybody gets it. i mean what do we got? >> you feel like you are being singled out? >> i feel that. >> reporter: the city attorney says all of the city's shops should be paying close attention. >> this should be a message loud and clear that we're going to seriously enforce the laws on the books to make sure that no one is taking advantage of law-abiding citizens in neighborhood. >> reporter: part of this settlement also requires stores to keep 80% of therapy windows clear so the police can see what they have inside from the street. this injunction goes for five years. live in san francisco, eric rasmussen, ktvu, channel 2 news. lay-offs -- [ music ] >> lay-offs are coming to workers at lockheed martin's sunnyvale facilitator. the defense contractor announced it is eliminating 8% of the employees in the space divisions, that's about 800 jobs. the cuts will most heavily affect. they will give lay-offs to minimize the job cuts. the retail sales boosted hopes for the economy. the dow jones industrial average gained 123 points to close back above 12,000. the nasdaq closed up 39 points. oakland based pandora media priced its shares today at $16 raising almost $235 million for the company. the public will get a chance to bid the stock up or down tomorrow when the i. o begins trading on the new york stock exchange. pandora offers a streaming music service customized for the individual. the 11-year-old company has yet to make a profit, though. the landmark fair month hotel in san francisco is up for sale tonight. the news comes after city officials rejected a proposal to convert part of the property for condos. the hotel union opposed the condo plan fearing it would mean fewer union jobs. the hotel is being marketed without an asking price. [ music ] it warmed up quite a bit today. day-time highs up into the low 90s. warmer in your neighborhood tomorrow. i will tell you how much warmer. we will see you back here. >> a big decision today in the debate over same-sex marriage. what the ruling means plus the plans to appeal it. >> but first new video just in from union city's police they investigating the shooting death of a man found in front of a home. can i eat heart healthy without giving up taste? a man can only try... and try...and try. i heard eating whole grain oats can help lower my cholesterol. it's gonna be tough...so tough. my wife and i want to lower our cholesterol, but finding healthy food that tastes good is torturous. your father is suffering. [ male announcer honey nut cheerios tastes great and can help lower cholesterol. . union city police tonight are investigating that city's third homicide of the year. police say a man was shot and killed this evening on venus place. he was found on the ground in front of a home there just after 5:00. police have not released the man's name but neighbors say he was married and had children. at this point no arrests have been made and no suspect information is available. the chief u.s. district court judge in san francisco took just one day to hand down his decision in the same-sex marriage ban case. the judge rejected the challenge that claimed judge vaughn walker was biased. ktvu's david stevenson has the ruling, the reasoning and the reaction. >> it's a good day not just for the lgbt community, it's a good day for california. it's a good day for people who believe in fairness. >> reporter: same-sex marriage supporters are applauding today's federal court ruling that focused on the judge that overturned the marriage ban. am same sex proponents said that judge vaughn walker stood to gain by revealing the law because he was in a same sex relationship while hearing the case last year. but chief judge james ware disagreed. he said this today. >> we trust our judges to be fair and impartial and that's what chief judge ware found here. >> reporter: in a statement this afternoon attorneys for proposition will backers said. our legal team will appeal that decision and continue our tireless efforts to defend the will of the people of california to preserve marriage as a union of a man and a woman." same-sex marriage supporters are happy. >> i've been in a same-sex marriage with my partner for ten years. we've talked about it and we are not necessarily, you know, on the band wagon to get married, but everyone should have the right to. >> the stay on same-sex marriage remains in in effect and is set for a federal court hearing sometime this fall. in san francisco, david stevenson, ktvu, channel 2 news. another legal blow tonight to the defense of marriage act, the nation's largest bankruptcy court has found a controversial law banning federal recognition of same-sex marriage unconstitutional. the decision was prompted by a joint bankruptcy filing by illegal a legally married same sex couple in la. the judge was asked to dismiss the chapter 13 filing because the defense of marriage act restricts joint filings. the judge said the law violated the constitution's equal protection guarantee. a british gossip magazine says it has the first interview with a woman who had a child with former governor arnold schwarzenegger. the magazine hello says when mill dread's now 13-year-old son found out one year ago that his father was arnold schwarzenegger he said: "cool." and he is eager to form a relationship with his father. the magazine also quotes maria schriver if arnold schwarzenegger was the boy's father. and the two women held each other and cried. the financial campaign got a financial boost thanks to the bay area visit. the first lady headlined two fundraiserrings at the claremont hotel on the berkeley oakland border. staff of famed chef alice waters prepared the meal. cameras were not allowed inside so we along with supporters caught only the motorcade. however, these photos are from those who did attend. tickets to the breakfast ranged from 1,000 to $25,000. >> i believe in what her husband is doing. i think he's an amazing president. he is an amazing person. and she's part of the package. a big part of the package. her speech today inside was amazing. >> ms. obama left the claremont before noon and went to san francisco where she attended a luncheon at the merchant's exchange building. and we did spot her leaving that $2500 a plate fundraiser. >> while the first lady was in the bay area, the president was in puerto rico today. president obama is the first president since john f. kennedy to make an official visit there. he addressed the question of the island's political status. puerto rico is a u.s. territory. some residents want statehood while others are seeking independence. >> and when the people of puerto rico make a clear decision, my administration will stand by you. [ applause ] >> the president also made an unannounced stop at deli for lunch. they can only vote in presidential primaries but the four million others on the mainland can vote for the president and the latino vote helped elect him in 2008. a follow-up story that we brought you two weeks ago. the morgan hill whose mom was stolen with her baby inside will not face charges for leaving her baby unattended. she said she left her baby in the car while she went to get groceries at a church food bank and that's when the car was stolen. the vehicle was recovered three hours later at a park. as we first railroad tracked at 6:00 the city council approved mayor reid's council. included in that budget was a last-minute agreement with the police department. ktvu's robert handa tells us what they agreed to do in order to save more than 150 jobs. >> reporter: some san jose police officers didn't have much time today to think about the contract vote. they were preoccupied with the city's latest homicide this morning when a gunman opened fire on a group of young men on oxton drive killing one, wounding three others. so even though the officers voted to take a 10% pay cut to save 156 jobs, it's hard for many not to focus on the 100 or so officers still scheduled to be laid off next month. homicide rate is escalating at a fast rate. violent crime is up. burglaries are up. property crime is up. i mean, they can't afford to lose one officer. >> reporter: detective jeff nicholls agrees but still relieved. it means he remains on the sexual assault unit and gets rid of the nagging labor distractions. >> today's case was the molest of a 10-year-old girl we were walk working on. to be able to go out and know that i have a job for the next year is a relief and i can 100% concentrate on the job. >> reporter: he told us he is almost afraid to be happy about it. >> it is on and off every week. one moment you think you are getting laid off and one moment there is some hope. >> steer -- here at city hall we heard why some officers may not be laid off as planned is because so many other officers are retiring early or taking new jobs. they are worried because even though the it solved the departures problem they worry about the long-term quality of the police force. in san jose, robert handa, ktvu, channel 2 news. tonight the san francisco police chief met with community members to discuss last week's fatal officer-involved shooting that claimed the life of a suspected bank robber. chief greg sir said the shooting was not taped by his officers. and as far as he knows, no one else taped the shooting either. a week ago today police shot and killed 25-year-old joshua smith. they say they atimed to run over the officers when they tried to pull him over on suspicion of driving a stolen car. the fbi says smith is suspected of robbing two banks in irvine last month. barry bonds' former personal trainer is out of a job as a baseball coach for his son's team. greg anderson has been convicted of distributing steroids. and a parent complained about him coaching. the president of the burlinggame youth baseball association says anderson is not a registered coach, but that he can coach next year if he applies and passes a background check. [ music ] it's getting pretty warm out there. these are the current temperatures right now. i am showing you the central part of the state because look how hot it is. right now in sacramento it is 92 degrees. cool in san francisco about 59. but look at the warmth in the valley. that looks like summertime. we've got more of a summer-like pattern. current temperatures around the bay, more specifically in your neighborhood, it's warm in the concord, 76. 75 in livermore and 60 in san raphael. so there is no fog out there. going to wake up mostly sunny. some places are going to start off at 61 degrees. so we got nowhere to go but up. it will be warmer tomorrow. forecast highs tomorrow. the oranges are 80s. reds are your 90s. here you go lots of oranges. lots of reds. they will pop up in the bay area as well. but you get the idea, cooler along the coast. a slightly warmer day tomorrow and then some changes as we go down the road. back at 10:45 with the five day forecast. see you then. boxing legend sugar ray leonard was in oakland this evening signing copies of his new book. he has written a book about his life and career called the big fight. my life in and out of the ring. he writes about some painful experiences revealing that he was sexually abused as a young boxer by an older man who was one of his trainers. leonard also says it has helped him to talk about that painful chapter of his life. >> my revelations about some of the things that i have dealt with, i've gotten so much more love, additional love. >> sugar ray leonard has the distinction of being the first boxer to win world titles in five different weight classes. more recently, he has been pursuing other careers, including broadcasting. well, fire tears through an east bay elementary school. >> as if a fire weren't bad enough, school board members in one district are worried that a recent fire may have been set intentionally. >> also new details tonight about an accident that injured former 49ers quarterback joe montana. who he swerved to avoid hitting and the ex tent of his injuries. -- extent of his injuries. ktvu.com complete bay area news coverage. the stronger the rapids, the more we loved it. took some wild risks when i was young. but i was still taking a risk with my cholesterol. anyone with high cholesterol may be at increased risk of heart attack. diet and exercise weren't enough for me. i stopped kidding myself. i've been eating healthier, exercising more, and now i'm also taking lipitor. if you've been kidding yourself about high cholesterol, stop. along with diet, lipitor has been shown to lower bad cholester