i'm ph rk kelly. there's . good morning. it's 8:30 on sunday, january 26th. thanks for joining us. i'm anne makovec. >> i'm phil matire. >> private security cameras, we're seeing them pop up everywhere. there is a proposal in san jose to test into the footage to help solve crimes. this would be optional, but some people are scared about the whole big brother theory. >> and that's right. there is a question about whether this is something affective or a feel-good measure politicians put out there when there are no cops. we will grill someone on that. >> some big cities are doing

it. >> and we're talking about the bridge bald hearings in sacramento they got heated. state senatorde sonier from concorde is going to join us. you may be surprised what he has to say about caltrans and the coverup on the welds on the bay bridge. >> he doesn't miles an hour words. >> and we have a big announcement from smith and wesson. rather than comply with the new california state law, they would rather not sell their new handgun in the state of california. we're going to look at what that new law is and what it means for owners of guns. >> a debate over guns in california. that is always a hot one. and first, let's look at the weather forecast and that is cool this morning. a live look from the roof cam, a bay bridge and a few clouds and this is not a spare the air day. 52 in san francisco; 36, santa rosa and we're going to see another warm day around the bay

area and that pattern will continue into next week and then we have some changes. even the possibility of a rain shower and that is good news. we'll have more details in a few minutes. mark. anne, developing news in the south bay. police at san jose state are investigating two reported incidents of sexual battery on campus. in both cases, a man rode a bicycle behind the victims and touched them in an inappropriate way. the first happened at 6:55 last night in front of the evens and recreation center and the second occurred at 9:20 near the hoover hall dormitory. the suspect is between 20 and 30 years old and was wearing a black-hooded sweatshirt. oakland police are intensifying their search for a teen considered armed and dangerous. the reward for 14-year-old mario tolliver jr. is $10,000. he's accused of fatally

shooting his 17-year-old sister in this oakland apartment. the surveillance video shows the boy running out of the apartment with a gun in his hand on thursday. the boy's described as armed and dangerous because police have not found the weapons. new this morning, bits and pieces of information continue to surface about hue a b.a.r.t. police officer fatally shot a colleague. the spokesperson for the agency leading the investigation held recent reports inaccurate. i spoke with alameda county spokesperson j.d. nelson this morning on the phone. he told me several news agencies have been releasing missed information. in today's edition of the san francisco chronicle, a report said the b.a.r.t. officer mistakenly thought a supervisor was an armed suspect before opening fire. the chronicle said that investigators did not consider the shooting of tommy smith to be the result of an accidental gun discharge. again, those reports refuted by the spokesperson for the lead agency.

the officers were in plain clothes and they were searching the apartment of a robbery suspect who was already in custody. another senate hearing is scheduled for next month on what went wrong during the construction of the eastern span -- span of the bay bridge. >> in the first hearing, a whistleblower said that caltranstried to quiet safety concerns during the construction and on friday, mike morgan told state lawmakers his supervisors covered up structural problems. a project official told an engineer not to write document concerns but to voice them in caltranssaid it adds up to a difference of opinion and not a coverup. >> and after qualifications were discovered, it quickly became apparent to me that the problem was kept secret, ignored or covered up. >> i have no evidence or reason to believe there was any coercion or anything like that and bullying to make

determinations. >> caltransclaimed the eastern response was structurally safe. coming up, we'll have our interview with state senator mark desonier, in charge of the committee who was leading the investigation. and he outright called them liars. >> and raised questions about the bridges he said cost runs could go up because of the questions of workmanship. we could be retrofitting that in a few years and spending more money. >> and that is not good. we'll have more later on in the broadcast. meantime, smith and wesson versus california. the major gun manufacturer is refusing to sell pistols in a state. nick james on what triggered the retreat. >> reporter: if you ask josh deser, california's too tough on guns already. >> this is smith and wesson mmp- 9. >> reporter: the sacramento gun shop owner said the newest

regulation is more of the same. >> it creates problems for me and the manufacturer. >> reporter: smith and wesson announced it will stop selling new handgun models in california rather than comply with the new law. it requires new pistols to have a feature called microstamping. each time a gun is fired, it stamps a unique code on every bullet. in a news release, smith and wesson said a number of studies indicated that microstamping is unreliable, serves no safety purpose, cost prohibitive and is not proving to aid in preventing or solving crimes. >> responsible fire arms are not the problem. there being -- they're being constantly picked on because they don't like guns in california. >> reporter: on the other side of the debate, the law center to prevent gun violence, quote, smith and wesson creates the same hysterical reaction we come to expect from the gun lobbyef time a new safety standard is required by

california law. it's not surprising the gun lobby is trying to use scare tactics to stop the implementation of the law, since they have done the same thing in the past. >> another large gun maker, ruger, will stop new sales to california. another group filed a lawsuit against the state over the microstamping law. safety adro sat -- advocates say the law will make the state safer. >> and that is always a big contentious debate on that in sacramento. interesting the governor didn't mention anything about gun safety in the state-of-the- state address. >> we have enough controversy to deal with. >> and this is a tough one. still a polarizing issue in california. coming up, recent fire, arson fires may lead to a new push to protect bay area communities. it starts with neighbors letting police where they couldn't go before. >> excitement building for tonight's grammy show live in l.a. and the bay area is home to some hopefuls. we'll tell you what to expect at the big show coming up. ,, ,,

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baltimore... about an hour ified the gunman . welcome back. developing news in suburban baltimore. about an hour ago, the police identified a gunman in the deadly mall shooting as 19-year- old darian marcus aguilar. on saturday morning, shotgun blasts rang out on the upper level of the mall. officers arrived within two minutes of a 911 call and found three people dead, including aguilar. police say he shot a 25-year- old man and a 21-year-old womannality a skateboard shop and then killed himself. >> it was a really loud boom, boom. and then, then another, you know, boom, boom. >> i didn't want to get hurt. i didn't want to get shot, so i ran. >> some people ran out of the building while others hit an inventory room -- hid in inventory rooms or barricaded themselves behind locked doors. police are backing away from earlier reports that aguilar had explosives but they say he had a lot of ammunition. san jose police are

crediting home surveillance videos for the capture of a convicted arsonist who terrorized the city's downtown strict this month. >> out of that ordeal is a new proposal to allow police to tap into the private security systems of residents if they allow it. >> and it could be the extra security that san jose's dwindling police force needs. but it's already raising privacy concerns. this is all the brain child of councilman sam who joining us now. how did you get into this? tapping into commercial and private security cameras around the city. >> phil, we had a lot of residents and business owners step forward during the time of the arson attacks to offer evident and to offer police identify and find the suspect and this is an opportunity used, simple technology to leverage that interest of residents to step forward to help make our city safer. >> and as it is, the police go and knock on doors and try to find cameras, especially in

businesses. your proposal would allow home owners and businesses, what, to sign up free in advance with the police department to say we have this camera here and you can look at it when you want to? is that it? >> this is about creating a registry allowing the police to know where the cameras are. the police would still need to ask for permission to be able to utilize the videotape or the data and the important thing, they would have the information in advance, for instance, knowing if there was a robbery down the street and the suspect ran in front of the auto zone and they know how to get's hold of the auto zone manager for that tape. >> they would have a map saying there are six cameras in the area. go out there and so you wouldn't be wasting time. the other question becomes the cameras becoming more and more sophisticated and so is the technology around them. and would the police have the ability to tap in on them at live times? >> there is flow suggestion that we want police engaged in live surveillance. that is not what this is about.

in every instance, it requires that there would be a crime that is committed or suspected crime. the police then reach out to a property owner and ask for permission in every instance. we're not altering the constitutional landscape of police access to this video. >> why the no? -- why not? right now, for example, in san francisco, the police chief said in big events or parades and emergency situations, he would love to have the ability to take an entire street and to watch it from one command center. you're not interested in doing that? >> that would save money as well. >> the reality is being able to monitor, even if you believe this is something you wanted in your community. monitoring a live feed requires a person as well and we're very short-staffed in our police department. and so dedicating police staff where even -- or even non-sworn staff to be monitoring folks is an expensive proposition, even if you believed it was something consistent with your

views and liberties. >> okay, we have a question of whether we can afford to watch everyone all of the time and whether or not it's right to watch everyone all the time. where is your feeling on that? i mean if you have all of the cameras and we're being watched anyway, is it proper or improper for the police to be using them? >> fundamentally, we need to walk before we run and what this proposal is about is making it simpler for police to get critical evidence to identify suspects. not to engage in live surveillance. i think that is a battle we don't need to take on. we don't have the resources to engage in it anyway. >> okay, speaking of resources. philadelphia is using this and they have 600 cameras on file. they made 200 arrests as a result of this and you know, the public might sit there and skeptics my might say you get this and get the registries and everyone signed up. you get the feeling the cameras are out there and if the cops are not that to respond, it's like shop spotter or high-tech

things we see that sound good, feel good, and don't necessarily work. >> and we're spending a lot of time knocking on doors trying to find folks with videotaped evidence when there is a crime nearby. as a former d.a., there are many cases where i have where the file lands on my desk three or four weeks when the crime is committed and we say is there any way to find videotape? there is a lot of time spent trying to go after the fact. >> there is a lot of juries in northern california say where is the video when there is a case that goes forward. or it can get people off because they, you're not on the video. >> and the csi affect on a lot of juries, they want technology. we should get out in front of this. >> all right, thank you for joining us this morning. back to you at the desk. and taking a look at the

weather forecast 50 in san jose, 39 in fairfield and it's not a spare the air day, though. your highs today and we could see the possible records in places like san rafael, san jose and liver moore. we're going to see the warm pattern continue through the beginning of the workweek and. tonight is the night it's the grammy awards. >> and you can bet organizers are up this morning. putting on the production like the grammies may look easy, but it's a huge ordeal. >> the love affair. >> reporter: 21 acts will perform live tonight. and the logistical feat to pull that off takes no less than a small army. 400 crew members, 120 tops of lighting. more than 325 microphones and

four rotating stages. >> one. >> even after 34 years at the helm, executive producer ken earlick keeps fine tuning music's biggest night. >> what we really need to do is to continually re-invent ourselves to match what is going on in music. >> local group quartet san francisco has two compositions nominated for best instrumental tonight. one called california pictures, the other called funky diversion. >> i should play the lottery. what are the odds of pulling one grammy nomination. >> reporter: the odds are in their favor. winning is not as important as sharing the vibe. >> we really wanted to bring new music from the west coast to the rest of the world. >> reporter: laura sullivan from belmont is making a name for herself in the new age genre. her song "wishing from a dandelion" is from her grammy

nominated album love's river. they produced the album from their home studio. >> this is my seventh album release and just thrilled to be honored with this nomination. it's very, very exciting. >> and just as excited as the artist, the fans. jane from alice radio can't wait for the big event. >> my favorite part, because i am such a fan at the heart of it all, is seeing the artists, people i love win, seeing them. and celebrate each other. it's cool to have them file in and one big room of all of the people you loved for see long. >> the grammies air tonight at 8:00 on kpix 5. you can watch our live reports at 5:30. sports is next. . morning, boys and girls. i'll be up front with you. we're going to hold back

tennis. rafael nadal and yrenka match is later on in the day. we have the rest of you covered. trust me. ,,

wawrinka (va good morning, everybody. i got the rest of the stuff from saturday. light roll it on up. joe thornton, patrick marleau, contract extensions. boy, the jumbo pleasing the crowd. two goals last night, including the game winner in overtime

here. and six great wins for the sharks, they beat minnesota, a final of 3-2. how about that. two more points. they're at dodger stadium last night. 54,000 poured out to watch the ducks and kings go at it. it was all anaheim. and the shot trickles through. it's all duck, get one yesterday, 3-0 and 60 degrees weather. the great shots and he just threw it up on the hilltop for usf. just like dickerson threw it up. usf beat santa clara last night, 75-66. and tiger woods, out of the cat box and bounces over the green and bounces himself right out of the event at tori pines yesterday. with the 7-over 79. first time he has ever missed the secondary cut in his

career. also, congratulations, if i could. for not motorbike but the super bikes at the o dot co, dean wilson was the champion, the 250sx and ryan villapollo, the big guys, the 450sx. the four stop on 17 on the monster energy supercross tour and that is it. see you later. >> yeah. all right, spoiler alert if you have the australian open on your dvr and haven't watched it yet. there was an upset today. yrenka beat nadal in the final. six-3, 6-2, 3-6, 6-3. and never even took a single set before from the top-ranked nadal. today, he attacked from the start. nadal hurt his back in the second set and continued playing after a medical tout. >> all right.

-- medical timeout. and now to politics. the state-of-the-state address this week was clear. >> we're not out of the woods and we're not out of the drought. >> touching on the state's surplus, he reminded lawmakers it still owes over $100 billion for state worker pensions and healthcare. >> for many democrats and republicans, it was what he didn't talk about that got their attention. >> right, barely a mention of either high-speed rail or his plan to move our author irwater south. that is go we sat down with willie brown and carla from the san francisco -- and they said it could be a part of the governor's re-election strategy. >> jerry brown's done this speech more than any other governor in history now, and he's a guy who knows the tricks of the trade. give your message fiscal responsibility and stay away from all of the other things like new ideas and controversy that can muddle the message. >> carla, cabin nissom stole

the show. >> imagine seven years ago, facebook didn't exist. twitter seven years ago was a sound. the cloud was in the sky. four-g was a parking space linked in i prison. big data was a rap star. pan pat -- apps were things you filled out to get into college and skype for most of us was a type-o. >> i can agree with you. >> literally, he was as glamorous as he can be and he was as witty and clever, and he was as relevant for the membership on the floor. and that is as jerwy was. back to the governor on his speech. it was interested and lawmakers noted what he didn't talk about, the high-speed rail or moving the water south. >> it was a campaign ruleout. he was saying experience matters, continuity matters, fiscal responsibility matters and let's not talk about the other stuff that can get in the

way of my re-election. >> the kickoff campaign speech? >> of course, it was a kickoff campaign speech. by the way, he didn't have anything new to say about the two other subjects. the courts have nailed him on high-speed rail and the lord has taken water away from him, so he's in trouble. dialogue on those two, i don't blame him. i would have acted as if subject matters are done. >> and it's not what you're looking at going into a fourth on term. jerry brown wants that to be secure and he's -- why bring up high-speed rail when it looks like it's going to cost 10 times more. >> jerry brown is still seriously thinking about the presidency. >> wait a minute. he said it was not in the cards. >> well. are you kidding me? you don't believe him, do you? are you kidding me? he would run for the president tomorrow, if the opportunity presented itself and he's go going to position himself. so if the opportunity does present himself, he can do it.

>> oh. >> always have to be thinking of the next set, right? >> i can't help it. i have the running joke with willie brown for months now. he insists and gets national attention every time he does it, that jerry brown is lining up to run for president. i can't help on to laugh at that. >> i can't imagine. as far as the gubernatorial run, that looks like a done deal. >> who was the last guy we had as governor? >> arnold schwarzenegger. >> i remember. i had a bet with my producer at the time. i said it was not going to happen. >> there we go. >> and we'll be right back. ,,,,

i remember the moment clearly. -i'll never forget that moment. woman: as long as i live. man: i realized, at that moment, when we first saw the damage, these people really needed us and i was going to make a difference, right here in my community. together with local responders, we cleared trees and collapsed walls. we had to get to the family trapped beneath. as a citizen-soldier, i made a difference. announcer: be there for your community,

at nationalguard.com. morning. the time is _ _ _. good morning, i'm phil matie welcome back to kpix 5 this morning. the time is 9:00. good morning, i'm phil matire. >> i'm anne makovec. we have a lot to talk about, including an up and coming republican who is throwing his hat into the ring to be california's next governor, a moderate republican, has unique qualities and he's very young and fairly rich. we'll hear more about him coming up. >> never a bad combination in politics. also, the bay bridge bolt and the whistle-blowing behind him. was caltranstelling the truth of the recent hearing from weld problems on the bay bridge. you will get a shocking answer from state senator desaulnier.

>> he didn't mince words and we're talking about the throngs of chinese tourists coming to california and the cash that they're bringing with him. starting with the top stories, mark. >> and oakland police are intensifying the search this morning for a type considered armed and dangerous. the reward for the capture of 14-year-old mario tolliver jr. is now $10,000. the boy is accused of fatally shooting his 17-year-old sister in this oakland apartment. surveillance video shows the boy running out of the apartment with the gun in his hand on thursday. the boy's described as armed and dangerous because police have not found the weapon. fearing for his life is a san francisco police officer who shot and killed a dog on the loose in a housing complex. the officer was checking vacant units for squatters yesterday. the officer said the large dog ran after him in attack mode. the police are trying to determine if the dog's owner commanded it to attack the

officer. new this morning, bits and pieces of information continue to surface about how a b.a.r.t. police officer fatally shot a colleague. a spokesperson for the agency leading the investigation called recent reports inaccurate. i spoke with the alameda county sheriff's spokesperson j.d. nelson this morning by phone. he told me that several news agencies were releasing misinformation about the death of sergeant tommy smith, who was killed on tuesday and he refused to release details. a report said that a b.a.r.t. officer mistakenly thought his supervisor was an armed suspect before opening fire. the chronicle said that investigators do not consider that shooting to be the result of an accidental gun discharge. again, the spokesperson this morning just refuted those reports. the officers were in plain clothes at the time and they were searching the apartment of a robbery suspect. who was in custody already. and let's look at the weather this sunday morning.

this is a live picture over sfo and starting to warm up out there, but it's cloudy and hazy in areas. oakland, 50; san francisco, 52 and santa rosa at 40. partly cloudy and mild near record highs and changes later next week and stay tuned for that. the 2014 race for governor is already underway. and jerry brown has not officially announced, but he is battling -- >> yeah, certainly. >> and we're looking at that opponent now, neil kashka ri from laguna beach and he is a republican. >> reporter: meet the man who would like to be your next governor. republican newcomer neel ksa --

kashkari, a former sacs and later served for the bush and obama administrations. his bid for governor is the first run for elected office. >> i am running on two issues. i want to create good jobs for california families and i want everyone california kid to get a good education. >> reporter: kashkari is considered a moderate republican who supports a woman's right to choose and same-sex marriage. >> keep the government out of our homes, hospitals and bedrooms. >> reporter: also in the republican primary, tim donly, a conservative who is supported by tea party republicans. claremont -- professor of politics said that republican voters will have a clear choice to make in june. >> a choice between a straight down-the-line conservative and a moderate who has probably a better chance of being competitive in the general election. >> reporter: of course, the odds-on favorite to win in in of is governor jerry brown who hasn't yet declared whether or not he intends to run for a

second term. is there any question in your mind that governor brown will choose to run? >> it would be a huge shock if jerry brown decides not to run. his state-of-the-state message sounded like someone running for re-election. it sounded like someone looking to the future and not a valid hickory, but if there is consistency in his career, that is the capacity to surprise. >> reporter: it would be a present surprise for kashkari should jerry brown choose to sit this one out. in the meantime, he has a primary to think about that is five months away. in downy, randy paige, kpix 5. >> and this is going to be interesting to see if he can sell his goods to the fellow republicans. there is a real conservative streak in california on the republican side. >> the republican party has to do something at this point to have a comeback. >> and they might have a chance with someone more moderate on the social issues. that is what is killing the win party in california. >> -- killing the republican

party in california. >> i don't doubt about that. the number of chinese tourists in the u.s. is taking off and expected to explode in 2020. >> according to a new study, california's top pick of states to visit in the u.s. translating into a big business for the bay area. boasting the largest chi town outside of asia and blocks away, luxury shopping at union square, the city by the bay is fast becoming a mecca for chinese tourists. >> we have seen our numbers in san francisco from china go up double digits the last several years. >> reporter: tom keely with the san francisco travel association predicts only more and more chinese tour its in the next decade. the shopping being one big draw. >> they love shopping. they shop like crazy. >> i in a three-year time period, the demand for luxury goods for middle class jumped 135 purse. why the increase? a new report published by clsa

on independent asian brokerage firm points out the chinese are getting more paid leave time from work. the study also cites the relaxed visa rules and worsening pollution in china. airline options are expanding, too. take united at sfo, which is ramping up its flight to and from china. >> that helps us a lot. we're getting international airlines starting service from the region and all of those factors add up to getting more passengers from china. >> reporter: the report estimates 200 million chinese will travel outside of their homeland in 2020. to put that in perspective, half of that number travelled in 2013. just a hop, skip, and jump from san francisco's chinatown, this brand-new cafe on bush street hopes to draw chinese tourists with cash in their pockets. collin lee and his wife opened this two months ago. already, they get a healthy dose of chinese tourists. >> out of all of our tourists, customers, 30% should be kline

ease. china's market is turning into a consumptive economy. we did case steady on that and we're expecting to see more chinese tourists coming in as the value-of-their currency increases. >> reporter: he's not complains about more business. if anything, this cafe plans to welcome the chinese tourists with open arms, making them feel at home in san francisco. >> it does boom and becomes more a part of your business in. >> learn chinese. >> they're not the only ones learning it. the replacement mall at candlestick point is going to be aimed at chinese tour its coming in. >> i realize that. >> i understand they drop a lot of money. >> they do drop a lot of money. according to the study, $4,400 in a single visit, excluding air fair and the only other nationality that rank are indians who respond more than them when they come here. both are at the top of the charts. still to come, the latest major retailer that might be under a cybersecurity attack. >> and don't forget to tune

into the grammies tonight. see all of your favorite artists from taylor swift to a beetles tribute. bitty yu will be on the red carpet and behind the scenes. you'll see her live reports starting at 5:30. blah ,,,, [son] she has no idea. [man] no one told her,right? [son]hi! [mom screams]

or debit card.

if you shopped at michael's arts and crafts stores recently, beware, especially if you paid with a credit or debit card. michaels said it may have been hit by data hackers. it's not confirmed a breach. the company hasn't said when or how many customers may have been affected. two questions swirling about whether caltranscut corners in its construction of the eastern span of the bay brim. >> an engineering geologist tells state lawmakers his supervisors engaged in a coverup of structural problems and didn't want his concerns documented. >> how credible are the latest allegations and what do they present as far as questions about new projects down the line? like high-speed rail? joining us is the chairman of the transportation committee, senator mark desaulnier of concord. let's get to it. caltranssaid there is no cover up and that they didn't tell people not to put things in writing. what is your read? >> i don't believe them.

i think they're lying. >> it's simple as that? >> we're halfway through the investigation and we're going to bursue it. if you listen -- pursue it. if you listen to the testimony, three caltrans employees and one very well-respected expert from a contractor in charge of quality insurance. if you listen to the response from caltrans, it was pretty clear to me they were lying. >> this is about welds on the bridge. the bridge was fabricated in china. and going in from the onset, it was -- there was debates about the work being done. would you have had those specs written out in advance and said this is what we want up to this standard and no questions asked, instead of debating on what is good or not this big? >> they were. the head of the quality insurance, one of the most respected contract experts in welds told them you have a problem. don't accept them and they did anyway. he said the project manager told him not to put anything in

writing. when he got up and spoke, he said i didn't tell them not to put anything in writing. i was trying to cover it up. i want them to be accurate. you have a person who is a lawyer telling an expert in the field what is accurate and what is not accurate. you tell me if that sounds fishy? >> okay. up there every other word out of people's mouths was it's okay. the bridge is safe. the bridge is safe. that it's not going to fall down. i didn't hear a lot about whether we got ourmon's worth, whether this is a $6 billion bridge that is going to need ongoing maintenance because of problems with the building. >> well, you hear a lot about it from me. my question has always been. three questions, why was it $5 billion over budget and by the way, it's going to be more over budget, why did it take 10 years longer than it was supposed to and what did we get for it? we were told we were going to get a world-class product. no one saw anything like it in terms of safety and they're equivocating and saying that our experts said you're going to have to spend money to

retrofitting within five years and don't forget, there was a big issue on the bolts. we found out they were told not to accept the bolts. they overrode that and accepted the bolts and had them sit in water for five years. >> and so you think it's going to wind up having cost more than 6 billion? >> we still have to bring down the old bridge. so, that is going to be over budget, my belief, and you're immediately going to have to start retrofitting this. what does it mean for the average commuter? do you go across that five times a week to come into france, that is fen hundred dollars a day. these -- $1,500 a day. these folks act like it's nothing. >> these folks, how involved are they in high-speed rail and what does this say for that project? >> well, it's different. you have the high-speed rail authority. our experts at the last hearing said high-speed rail around the world is amongst the projects most overbudget. it's at 68 billion. i would expect if it's built -- built, and i don't think it will be under the current plan, it will be 350 bottom.

>> back to the bridge, what is next? >> we have another hearing february 11th and we'll continue the investigation and we hope more people will come forward and tell us the truth. >> okay, and we want you here for another report. >> huh,. >> thank you. >> i'll be happy. >> mark desaulnier, back to you at the desk. let's look at our sunday morning forecast. some of the temperatures out there right now, we're seeing the 40s and lower 50s. partly cloudy and hazy in some areas. we have 50 in oakland and a 51 in mountain view. a 40 up in santa rosa. santa rosa goes to 72 today. we could see record highs in san jose. livermore, and san raphael and a 67 in freemont. the s97 -- next seven days, definitely getting cooler by the time we get to wednesday and thursday and possibly. a small chance of showers come thursday. >> and that would be good. >> yeah. >> and after 2013 turned out to be a record-setting year. we barely saw rain. the dry weather upset the food chain in the high sierra. >> with little snow and warm

temperatures, the bears are still awake and they're on the prowl. kpix 5s don ford has more. >> reporter: yosemite valley, beautiful, warm, weird. >> this is an unusual year because here we are in january and we can look around and there is no snow. >> reporter: the valley bears are not hibernating yet. normally the ground is covered in snow, making it hard for them to find food. the warm weather created a bumper crop of acorns and the bears are up and eating still. >> in the fall, bears eat up to 20,000 calories a day. >> what? >> to get fat and for winter. a lot of that comes from acorns. >> reporter: yosemite valley doesn't have more bears than usual but that most of them are still awake. the biologists are keeping track of them with radio collars. special homing antennas help locate them if the biologist needs to track down the special bear. >> each collar has its own

frequency to differentiate between bears. >> they get special attention from radio repeaters that automatically detect them when they show up looking for food. >> they eat anything they can find. so. >> toothpaste? >> sure, toothpaste. >> campbell soup? -- soup? >> yes. >> acorns? >> dead animals. >> i bears are smart. this year, a new food locker is being used, a new am to keep them out. these kids from oakland are camping and they have plans if they see a bear. >> if i see a bear, i will probably freak out. >> reporter: he's in luck. radio trackers don't show any bears in the valley at the moment. yosemite wildlife biologists say they don't know when the bears will start hibernating. -- hibernating. unless it snows soon and covers up their food, they may not hibernate at all this year. >> the drought affects the bears, our politicians, the governor's main point of the

state-of-the-state this week. >> it was interesting. he came out flat and said it, there is not a lot you can do about the weather. >> right. >> if you're governor of california, it's up there with forest fires as something you're going to have to deal with but you're waiting for the affects. already, we're rationing and there is a question not only about the drought this year but if this is part of a larger pattern that could last seven, 10 years. >> if that is a question, how is this going to affect the big projects like the delta water project? at what point would the environmentalists step aside and say, hey, the state has a real problem here. we are going to have to give up some of the safeguards. >> if anything, the environmentalists will step forward and say the lack of water shows you can't be messing around with it and shipping it down to swimming pools and golf courses and businesses in the south. we have to protect the delta, we have to protect what we have. you can't be doing that right now. i would suspect that the entire water plan for the state sort

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♪ your ticket to a better night's sleep ♪ next america's cup. but it will likely have some serio competition. . welcome back. it's 9:21. san francisco plans to bid on the next america's cup. it will likely have some serious competition. sailings premier event came to the bay area the first time last year, featuring a dramatic comeback. it was not the economic boom san francisco expected. and a couple of officials are also considering hawaii and san diego as hosts for 2017. >> what do you think? >> it will be fun but not at this cost. it was good for the america's cup to be here. usually it's 10 miles off and people can't see it. >> right. >> and this way, it was a photo finish to the end. >> we support the infrastructure. >> yes, and san francisco's not going to cry a lot. i think america's cup would be smart to be here. >> all right. big leadership changes in store in san francisco.

>> tony atkins of san diego is the new assembly speaker. his daily on of los angeles, the new state senate protemp. >> and this is the first time in modern history that northern california doesn't have someone in one of those leadership roles. our insider's talked about how we wound up missing out and the changes this is bringing to sacramento. >> term limits have changed the nature of who runs the legislature theoretically. and, therefore, you constantly have new people and you're going to have the populationship, length itself in the electoral leadership. >> it's interesting to know the terms of the state senate pro- tem and the speaker are getting shorter because of term limits. you are on the floor there the other day and seemed like people were talking about who is going to be next invariably? >> they have the deals now where someone postpones when they're going to take the job and they decide today. in the old days, you were, you

served until two seconds before you no longer could serve. you didn't get any notice, you didn't get any warning. >> right. >> you had the power. the minute you were there, you had the power. it was not like carlos coming in and saying i have the votes to replace you. we're going to cut a deal. what does that do for deal cutting? >> well, literally, it just wipes out any opportunity to execute power from the seat of the pro tem. he can play games with two people, one coming and one going. no power. >> and would willie brown, the speaker, think of running as controller at the same time? i don't think so. this is a chess game now and where they're thinking two or three steps ahead. >> how does that affect the law making? >> i think -- look. they have to be aware of everything going on in the state. and that is no longer a geographical thing. >> we lose in this deal because

symbolically, the title is gone. can we get it back? i would seriously doubt it. >> and that does seem unfortunate we don't have representation at the top of the legislature. we do have the governor. >> you're telling me. something. >> wait a minute. wait a minute. because he lives lately with the governor? and mayor of oakland. remember, jerry brown's spent much of the time in los angeles and he's a governor for the entire state. >> and we don't know where his loyalties live? >> no, it's not necessarily in the governorship with the money and it's with the budget process. a lot of times it's in the committee hearings that decide whether or not ann or mark gets the new project going and green lighted first. >> right. >> it was in the halls where we have the power. interesting to see. >> yes. we'll be right back. ,,,,,,,,,,

(anchor does weather) "shiver me timbers" pirates tampa, florida! .

welcome back, 9:27 and let's take a final look at the weather forecast. the highs are going to be warm. we could break records around the bay area in places like san rafael, san jose and in the liver moore valley. the warm pattern is going to continue through the first half of the workweek and then, believe it or not, there is some raindrops there in the graphics for thursday. there is a chance of rain. we are going to watch that, of course, says -- as the week progresses. we have been talking -- looking for some of the showers. >> and pirates are invading tampa, florida. actually, they're taking over, they take over the city every single year. the colorful historic event is called gasparilla, named after the pirate ship jose gasparilla. hundreds of thousands of floridians show up to defend the invasion. like a whole big thing. >> yeah. >> and to no avail, the pirates always win in the end. >> you know, the home of disney world. i'm not surprised to see that going on there. >> yeah. >> thank you for joining us this morning.

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