toppled over on it tonight. the cause... and the cost to you're watching cbs5 eyewitness news on the cw. an east bay house no match for a tree that topple over tonight. the cause and the cost to clean it up. a soggy day in the south bay causes a number of problems. what the rest of the bay area can expect overnight and tomorrow morning. >> after 18 years working on this i witnessed the end to this policy. these are tears of joy. for the first time in american history gays will be openly accepted by the military. the reaction from local activists and people in the community. it is an old scam with a new twist. what a couple fell for that is putting them in danger of losing their home. good evening, i'm ann notarangelo. days of wet weather are taking a dangerous toll on the bay area. in oakland tonight a tree topple onto the roof of a home on thornhill drive.

the large pine fell from the next door neighbor's yard. the damage is evident inside the home too. tonight crews sawed the tree apart so they could remove it from the roof and put tarps up. the cost to clean it up as much as $4000. another round of rain is coming in the next two hours. our meteorologist jim bernard in for lawrence tonight. >> looks like more of the same. more wind and rain developing over the evening is just a few hours off. we will show you close up in the radar in a second. heavy showers with isolated thunderstorms potentially tomorrow. 20s to 30-mile-an-hour winds, gusts to 40. lots of mountain snow. winter storm warnings up as the current high-definition doppler picture here shows scattered returns in the north and south bay which is where most of the moisture has been all day long but there is another batch of energy headed our way that will be arriving in the bay area

over the next couple hours and that will be our rain activity into tomorrow morning. we will have more details coming up in the complete forecast right here in just a few minutes. >> all right, jim, thank you. despite a bit of a break in the rain today there were lots of storm related problems. electricity was not knocked, flights delayed and as mark sayer shows us it was a dangerous day to be out on the road. >> reporter: it has been a day of dangerous driving conditions across the summit on highway 17 with heavy fog and rain all day long. some drivers were just taking it too fast. >> slow down for us. take a little more time driving out. there. >> reporter: tyler pugge was one of the chp officers where a car spun out of control in the slippery conditions. the driver was not hurt but the chp says the slick conditions mean there is little room for error. >> just be paying attention. try not to be distracted by your cell phone and stuff going

on in the car. >> reporter: residents in filton are keeping an eye on the san lorenzo river. it can flood over the creek and into nearby homes. >> what happens is if we get a tree that falls into the river what happens is it gets a bunch of logs coming down from boulder area, it gets a log jam and if we are not in the area to see it and starts building up, that's what happened to us last year. >> reporter: rose says he will be getting up in the middle of the nitrogen to check water levels and he is hoping the impact of this storm will be a bit less than anticipated. >> you get worried? >> yes, we do. because 2 or 3 feet will float that. >> reporter: manny is not taking any chances either. heavy rains mean portions of his home can flood so he is stocking up on sandbags before it is too late. >> every year we get a lot of water that comes down the hill and if we divert it from the driveway prevents it from coming into the garage and also our neighbor's yard and stuff

much so we try to diverge it so it goes out the storm drains. >> reporter: in terms of driving in these conditions, the chp says it is also a good idea to check your tire tread and your tire pressure. at the summit on the 17 i'mmark sayer, cbs5. the heavy rains saturated sacramento today turning roads into pools and causing a stream to overflow. deer creek spilled over its banks causing major flooding. tonight stream levels are starting to come down. slick roads caused dozens of accidents. nearly an inch of rain fell in sacramento. extreme snow in the sierra this weekend. a winter storm warning is in effect above 5000 feet and areas above 7000 feet could see 6 to 8 feet of snow. if you plan to drive out there be sure to bring chains. there are chain restrictions tonight on all highways lead to go tahoe. the senate voted today to end the military's "don't ask,

don't tell" policy. the historic vote will allow gays to serve openly in the military. the house passed the bill earlier this week. it is a victory for president obama who made the repeal a campaign promise. the president is expected to sign the bill into law next week but the policy change could actually take as long as ayear. gay activists in the area watched this closely. talking to one military member that had a personal stake in the outcome. >> it is adopted. >> reporter: an emotional reaction as gay and lesbian activists watched the senate's historic vote to repeal "don't ask, don't tell." >> after 18 years of working on this i witnessed the end of this policy. it is tears of joe. >> reporter: zoe dunning from san francisco at the center. a lesbian and retired u.s. navy commander. dunning has been leading the

fight to overturn the rule and allow gays an lesbians to serve openly in the military. >> a lot of years where we thought we weren't going to make any progress but we have slowly but surely step by step, two steps forward, one step back. but we did it. >> reporter: dunning retired three years ago. but she fought the policy when it first came out in 1993 and won. she was allowed to stay in the navy while openly gay. on the streets here in the castor district news of the repealed law spread quickly by word of mouth and by technology. >> i was blown away by all the tweets and facebook messages that this actually went down and people are moved to tears about it. >> people are talking about it. >> reporter: eugene and steven tom linson came down to the cast co-to celebrate the vote. >> it is really encouraging anytime the political process can make justice happen and it is very exciting to feel like conclusion and justice has

taken a step forward. >> reporter: they estimate there are 65,000 gay, lesbian, bisexual an transgender people serving in the military all under a veil of secrecy until now. cbs5. the legislation says the president and his top military advisors must certify that lifting the ban will not hurt troops' fighting ability. after that there will be a 60- day waiting period before the military implements the changes. another bill has gone down in defeat in the senate. the dream act would have provided a path to citizenship for some undocumented immigrants. don knapp shows us latinos taking a part in a holiday ritual tonight found the ceremony painfully appropriate ♪[ music ] >> reporter: in the latino tradition, enacted here at st. mary's cathedral mary and joseph go door-to-door seeking shelter only to be turned down.

christmas pageant has come to have special meaning for undocumented immigrants. >> the sense of looking for shelter, of looking for refuge like mary and joseph in bethleham really speaks to our experience coming from another country in search of shelter. >> reporter: and being turned down as they were again by the u.s. senate. it failed by five votes. it would have put 2 million undocumented young people on a path to citizenship, if they graduated from high school, joined the military or attended college. this 18-year-old immigrant from peru and graduate of a san francisco high school watched with friends as the bill went down to defeat. >> it feels very hard for me and i think for a lot of students too because this is our dream. we have lived here for many, many years. we love this country. we consider this our only home, the only home we know. >> reporter: speaker of thehouse nancy pelosi told kcbs the fight will continue. >> they are here. they are our future. we want them to be educated.

we want them to serve in the military. this legislation will do that. it didn't pass today but we are not giving up the fight. >> reporter: opponents mostly republicans say the dream act would reward undocumented immigrants, encourage illegal immigration and take education spots away from american students. president obama called the vote incredibly disappointing. for student elizabeth lee, the argument was basic. >> students like me who are undocumented also want a home and we consider the united states our home. >> reporter: in san francisco, don knapp, cbs5. it is now illegal to sit or lie on sidewalks in one bay area city. up next, the protest today against the ordinance and why it will not be enforced until february. an early christmas treat for hundreds of bay area kids. they got to enjoy some presidents a week before christmas. we are not the only ones hit by a big winter storm. what happened when blizzards and freezing temperature hit several parts of europe. this holiday season,

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hall for a car crash that killed one of his friends. the 16 a nevada teenager sentenced to two years in juvenile hall for a car crash that killed one of his friends. the 16-year-old driver was drinking and speeding when he lost control of his bmw and crashed into a semi. it happened september 17th. the boy pleaded guilty last month to gross vehicular manslaughter, driving under the influence and driving without a license. one teen was killed. three other teen passengers were injured. critics a new law that now stands aren't taking it sitting down. today in san francisco musicians knelt or sat on buckets, not directly on the sidewalk. the sit, lie law makes it illegal to sit or lie on public sidewalks between 7:00 a.m. and 11:00 p.m.

it officially went into effect yesterday. critics say the voter approved proposition unfairly targets certain groups. >> police will pick and choose. we don't think they should have the power to pick and choose based on some gut feelings. >> reporter: even though the law went into effect yesterday police will not enforce it until february. officers still need to be properly trained on how to enforce it. the ordinance does have a few exceptions like for those waiting in a line. all right, get ready for another round of rain. meteorologist jim bernard in for lawrence. >> there is more rain on the way. chamber of commerce weather. great weather for the shopper out there around the city. some fog and light drizzle showers but didn't amount to much as most of the rain remained in the north bay and across the south bay as well.

current high-definition doppler we see just that. rain continues in the north and south. now, this is where that subtropical moisture, that pineapple connection targeted today. it was basically santa cruz south to santa barbara. and the santa cruz mountains and san lucia mountains picked up anywhere from 4 to 6 inches of rain. it is raining moderately right now in santa clara county. just off the golden gate more moisture headed our way tonight which will result in moderate to heavy precipitation through the early morning hours. here is the brunt of the moisture today. again, it missed the greater bay area but it is beginning to move north and we will see it before sunup tomorrow. rain shower activity continuing again through the night. moderate to heavy at times. isolated thunderstorms possible here by tomorrow afternoon. winds ramping up again as well. and the mountain snow will be legendary and epic as we will see anywhere from 6 to 8 feet of snow in the high country by the end of the weekend here. if you're already up there it

is going to be get for skiing but trying to get to the sierra will be difficult to say the least. we saw most of that subtropical moisture drifting to the south today giving us a bit of a break as it thinned out across the bay area filling in this evening with another wave of energy due in the area here through the wee hours of the morning with increasing rain and gusty winds through tomorrow morning tapering off by tomorrow afternoon. so we will look at another shot of moisture here this evening giving way to some scattered showers into the beginning of the week and as we take a look at the future radar cast here you see just that with the north bay hills and again down across the south bay picking up most of the returns but by early tomorrow we are picking up some moderate rain in the greater bay area as well. should amount to about an inch to three inches of rain in the mountains. anywhere from half an inch to an inch in the bay area. much less than advertised. but that's a pretty good thing as, again, that pineapple connection remains focused to our south where it is expected

to stay here through the rest of the week. by wednesday we will be looking at a cold shot of rain headed our way from the north and then it should taper off through the end of the week. but checking those temperatures again there they are. mid to upper 50s for tomorrow. seven-day forecast, pretty much a chance of showers here and each and every day but we do have some tapering off there on tuesday and again thursday into friday. but at this point it looks like the next one is due just in time for christmas day here. we will be taking a turn back to the wet and that is a pretty wet looking seven-day forecast any way you cut it. by wednesday again we will be looking at cooler temperatures with that moisture. a horse with a different color but the end result is about the same. lots of snow. >> you said epic and legendary. >> thank you, jim. >> see you again. a winter storm through europe sends holiday plans. shut down airports, train

tracks and highways. heavy snow fell in britain, germany, france, spain and netherlands. heathrow airport in england will remain closed after snow and ice forced closures over the runways. it is the heaviest snowfall in decades for many areas. between 8 to 10 inches in just a few hours. just 6 shopping days left until christmas and shoppers are now out in droves. merchants are cautiously optimistic. what's behind this late surge in shopping. >> reporter: with t minus one left until christmas walter ho is just beginning to shop. he acknowledges he is cutting things close this year. >> you admit you are kind after procrasinator? >> reporter: i definitely am. he is hardly the only one waiting until the final day. experts say at this point most people still have half their holiday shopping lists left. and retailers are responding with promotions and discounts. analysts say consumers are now

starting to give in to pent-up demand after years of economic uncertainty. >> last year there was a much greater sense of doom and gloom than we are seeing this year. >> reporter: and that consumer optimism could help the bottom line. the national retail federation recently revised its holiday sales forecast upwards from a 2.3% increase over last year to 3.3%. helping to drive those sales, technology like smartphones which allow shoppers to scan bar codes for instantaneous price comparisons. of the people who use mobile devices to shop this year more than one out of four bought something using a smartphone. also driving consumption, online sales which experts predict will jump this holiday shopping season. >> we expect internet sales to be up 15 to 20% this year. clearly consumers love using the internet. >> reporter: yet consumer caution remains. experts say most shoppers will

use cash or debit cards, not credit to make their purchases. still, even the cautious are showing signs of confidence. >> you have one more purchase. >> one more. >> what is that? >> t.v. that's a present for me. >> reporter: analysts say the big sellers this year are clothing, electronics and jewelry and demand for that merchandise is at all price points. cbc news, new york. kids in oakland got an early christmas present. today a shopping spree. 200 children filed into wal- mart at edgewater drive this morning with a $75 gift card in hand. and each student was nominated by someone, maybe a teacher or principal or maybe a coach. councilwoman brooks and oakland sports agent aaron goodwin sponsored the gift cards. >> there are so many unfortunate people in this economy. we are trying to give back and allow everyone to enjoy christmas. >> people might not have money to buy stuff.

giving stuff away to the people who really need something. >> the shopping spree wrapped up at noon. a husband and wife thought they were getting a federal grant. what they fell for was a scam that cost them a lot of money. what you need to know to keep from being swindled the same way. ♪

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[ mom ] at least for now. [ male announcer ] make your happy holiday stories come true with citi specials. what's your story? citi can help you write it. and it targets those reaching out for financial help in this it is an old scam with a new twist and it targets those reaching out for financial help in this tough economy. it is a scam involving federal grants. one couple is at risk of losing their home this holiday season. >> did you see right here? >> reporter: it started with a phone call. they couldn't believe their luck when they got a call last march saying they had won a grant from the federal government. >> we were guaranteed a $15,000 government grant that we would not have to pay back. could be used for education. basically whatever we needed. >> reporter: all they had to do was send a $99 donation to

india. the washington state couple says it sounded like a good deal until the caller demanded they also wire a bank transfer fee and a security deposit totalling almost 1,650. the lekies were suspicious but faced with expenses carrying for a new grandchild they sent the money. >> i kept telling him this had better be true because we cannot afford to lose this money. i was in there just really crying, you know, and he kept reassuring me. it is okay, mrs. lekie, everything is going to be fine. >> reporter: the lekies say the caller claimed to be working for the u.s. department of health and human services hhs, but that's not true and it angers this hhs employee. >> these scammers prey on a very vulnerable portion of our society and i am more than willing to do something about that. >> good afternoon, how may i help you. >> reporter: the fraud hot line is tracking complaints from across the country about phony

government grants. investigator say it is an old scam with new twists. they are taking advantage of a down economy and government stimuluses. >> individuals have to recognize that no one from the federal government will be calling them and offering them a grant. that's not the way the grant process works. >> reporter: consumers have to be aware of grant offers. they are typically awarded to organizations not individuals. >> reporter: too late for the lekies they didn't get the grant and lost all the money they sent up front putting them further behind on their bills and at risk for losing their home. cbc news, washington. can you name the best rookie in the nhl? i'll give you a hints. he plays for the sharks. . sports is next.

will make his first career start tomorrow against the raiders... it is being reported tim tebow will make his first career start tomorrow against the raiders. the warriors trailed by as many as 15 in the 4th but had a chance to win it in the final seconds. monte misses the jumper as time expires. blazers hang on 96-95. the warriors have lost 14 of 15. former warriors gilbert arenas and jason richardson are headed to be reunited in orlando. magic pulled off two trades with the wizards and suns involving eight players. even when the butler bulldog wanted some playing time against stanford. end of the first half this is how you get the ball up the court more efficiently. matt howard to andrew smith at

the layup of the buzzer. 83-50. sharks wrapping up the road trip in st. louis. front runner to win the rookie of the year. scores two more goals. he leads the sharks with 17. they beat the blues 4-1. and for the fourth year in a row the cal volleyball team gets eliminated by 10 states. the lions beat the bears in straight sets to win the national title. de lasalle are winners tonight down in carson. 48-8. blew them out. >> dominating. >> yes. >> kim, thank you very much. >> all right, the people of christmas tree lane in alameda are not giving up without a fight. after thieves ripped off dozens of declarations from homes. they decided to do something about it. and tonight a fund-raiser was held to replace those stolen displays. we will look for those. >> that's it for eyewitness news at 10:00 p.m. the news is always on cbs5.com.

and kim has a whole lot more sports on cbs5 at 11:00 p.m.ment good night. captions by: caption colorado, llc 800-775-7838 email: comments@captioncolorado.com