good morning, it's 8:00. lisa argen will be later to tell us about the forecast. we will have a little bit of break. but some of the heaviest local rain hits over highway 17. focus of the highway patrol is protect that their oh fair. at least 16 crashes occurred on highway 17 yesterday. officers say it can get pretty brutal. >> it's not just the road but the surge of nonstop rain that

will likely cause problems. people are already filling sandbags in boulder creek. >> the key is being prepared. >> we have a lot of firewood and things like that. propane lanterns and other things that helps when the power goes out. >> the expectation that the power will go out over the next few days. that is according to the boulder creek fire chief is the least of their problems. >> they are more concerned with combination of the wind coming in with the rain. then we'll have downed trees. >> as a result. the entire volunteer fire department is on call. >> we have our pagers and once they go off we respond to the station. whenever it's raining and we have heavy weather, we stock the station so we ready to go.

>> that was lisa amin gulezian reporting from the santa cruz mountains. >> in san francisco, there a few problems but it wasn't too bad. rain was just more of a nuisance. amy hollyfield has more. >> city crews closed down the great highway between lincoln and sloat because of a small amount of flooding. they don't know why it collected on the road. aside from this public work crews reported a quiet night because a break in the rain made all the difference. rainy weather is hitting during a busy weekend of shopping and partying. >> we're just making the most of it. >> it could be worse. look at chicago, it's snowing. a little bit of rain is to the going to hurt anybody. >> we're excited to be here. it fees like christmas to us. who cares if it's raining.

♪ >> it felt like remedy. high school children's choir from vacaville sang christmas carols. forecast worried parents. >> do we have a standby plan? are we going to cancel it. our director response was, unless the highway patrol says our bus isn't getting through, we're going to come down and sing. >> the most exciting call is a fight between people with umbrellas as they fought over a taxi. oakland is oversupplies to locals that wanted to volunteer to maintain a drain. all you have to do is keep debris out of your neighborhood storm train to prevent street flooding. they will give you a debris bagging to www.abc7.com and look

under see it on tv. >> of rain, snow, we have it all. authorities are urging drivers to be extra careful when they hit the roads this morning. at the 5,000 foot level, that is where you start to see the snow. caltrans reinforcing chain controls. -- enforcing controls. as bad as it is it may get worse tonight. as for drivers are glad they are over the hill before things get worse. >> it's pretty rough. my tires aren't the greatest. i think it's getting worse by the minute. >> the conditions out here. what is it like driving in this stuff? >> did you consider not going when you saw the forecast? >> we had reservations so we're going to tough it out and get over the hill. >> here is one more look at

drivers' view of the situation, as the day continues, caution must prevail. >> chains are required in the lake tahoe area, interstate 80 from kingvale to the nevada state line over have done ner summit. on 50, kybers to echo summit and in the statewide 89 is closed due to have a large hazards. america's cup race organizers are still looking at san francisco to hosted the regatta in 2013 but they are keeping options opened. decision to scope kloog at other city dumper to secure the bid to host the race. san francisco became a front-runner after a local software billionaire larry ellison one this year's cup.

newport, rhode island has a shot at the race. they hope to have a decision by december 31. >> workers at napa state hospital have been telling reporters about the dangers of their workplace. first there was a murder and then a brutal beating. in both highly publicized cases, psychiatric patients are the suspects and. >> the interview comes in the wake of the murder of psych tech donna gross two months ago. a patient jeff massey has been charged in that case. last weekend another patient was arrested for beating a hospital therapist. hospital workers these are most serious of many assaults in the forensics unit the section where the criminally insane and most violent patients are housed. dolly matteucchi has been on the job for only 16 months but she

has been working at napa state for 20 years. >> the staff is incredibly important to me. i want them to be safe and feel safe. >> she says the staff is like family but many in that family don't feel safe coming to work. this nurse is one of them. >> we need to see police on the unit. it makes a huge difference. >> napa state police respond to emergencies from outside the forensics section. the officers are not permanently stationed inside those units. matteucchi says that has been since the early 1990s. >> we were not allocated resources to be a part of the living environment, to be available within the living and treatment units 24 hours a day, seven days a week. >> she tells "abc 7 news," she has asked for 20 more officers

who will be assigned to those units. for now, the director says she is trying to do the best she can to improve safety. patients are now escorted to the grounds, not by one but two staff members. hospital workers say that creates dangerously low staffing shortages in the unit. they give an example where several workers left the unit. >> it resulted in one employee and one psychiatrist on the unit with 20 patients for at least an hour. >> we posed the question to workers. >> is it a safe place? >> i think we have established a hospital that... that is, indeed set up in the best way possible for the safety of our

individuals and staff. >> a simple question, a difficult answer. vic lee, "abc 7 news." >> president obama has signed a tax bill that has been debated on capitol hill for months now. he admits it's a compromise but says its better bill than many members of his own party favored because it avoids tax increases. >> if it had come to pass, the average middle-class family would have to pay an extra $3,000 in taxes next year. it would have been a blow to our economy, just as we're climbing out of a devastating recession. >> the bill also includes extending unemployment benefits for another 13 months. that is welcome news for more than 250,000 californians who were faced with losing federal benefits. irt includes payroll tax cuts of 2%. >> so-called lame duck senate is meeting right now in a rare saturday session to try to pass

lodges two important measures before they leave office. here is a live picture from the senate floor in washington, d.c. right now they are debating the dream act that would give tentative legal status to immigrants that were brought here as children. >> passage of don't ask, don't tell would be a major victory. they are schedule to vote on the dream act this weekend and both bills have been approved by the house. still ahead, why a bart police officer who was fired for lying about the oscar grant shooting is heading back to work. and san francisco's controversial sit-lie mmmm. you don't love me anymore do you billy? what?

i didn't buy this cereal to sweet talk your taste buds it's for my heart health. so i can't have any? if you can deprive me of what can help lower my cholesterol... and live with yourself. right. mmm, i worry about your mother. cry herself to sleep every night over my arteries, but have yourself a bowl. good speech dad. [ whimper ] [ male announcer ] honey nut cheerios tastes great and its whole grain oats can help lower cholesterol. bee happy. bee healthy.

san francisco's controversial ordinance banning sitting or lying on streets is in effect this weekend but it won't be enforced in february until police are trained. it was approved by voters last month making to it sit or lie on public sidewalks. there are several exceptions and that is why there is training for police. >> barnes & noble is closing their store in fisherman's wharf. they closed two other bay area stores earlier this year, one in richmond and oakland's jack london square. we got reports of power outages on the peninsula, 1200 people are without power and lisa argen is here with the forecast. >> those winds are howling. things have quiet down in terms of the rain. wind this morning, so a little

bit of a breakthrough the bulk of the afternoon. right now, cloudy, emeryville, 55 and look for more rain to head your way today, tonight and more on the outlook. >> also coming up, why is the city of berkeley getting involved with a popular friday night get-together? need an easy holiday recipe everyone will love?

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welcome back. you are looking at a live picture from the roof cam of downtown san francisco. a lot of people are heading in today, last minute shopping before christmas. we have a little bit of a break. lisa argen will have the full forecast coming up. we want to let you know that 1200 pg&e customers are without power. in the belmont and redwood city late last night. two pg&e crews are on site where winds have broken tree branches. a second outage cut service in belmont. a popular under ground supper club is going on hiatus. they hope to start up again in february if issues are resolved. since memorial day, a growing crowd has flocked for a barbecue

and jazz music. about 200 people attend the event but city of berkeley issued a notice of violation saying the gathering lacks proper permits and blocks sidewalk access. the organizer moved the festivities away from the sidewalk to the indoors. >> now we're in the back. like everybody in the back and no one is in the front. it's like a private party. >> other violations are still being ironed out. the supper club isn't for profit. the rain has stopped briefly and that is nice for people that want to do last minute shopping. >> it's going to return but the winds are really something as a result we have the power outages but those too have subsided, the winds, that is. it doesn't look too bad out in san jose, a few glimpses of

sunlight. 55 and you're going to get back to the rain around 3:00. there is a break around the bay area for everyone except the extreme north bay and extreme south bay getting back into the rain earlier. then it's going to encompass the entire bay area later on this evening. live doppler 7 hd, not much going on right now. boulder creek and san jose, we do have light returns. so to the sierra, nevada where there is rain falling in tahoe and blue canyon with temperatures in the mid 30s. even rain in the mt. shasta. so we're going to see fluctuating snow levels throughout the next 24 hours. we do have winter storm warning in effect right on through monday at 4:00 in the afternoon. overnight rain totals, .85 in petaluma and napa closing in on an inch. in san francisco, 0.95.

so pretty healthy totals. little break today. mild temperatures. snow levels are running high at about 6,000 feet. temperatures across the bay area mid and upper 50s. san francisco, 56. 24 hours ago, 12 degrees warmer in concord. you'll definitely notice the difference us a head outside. nine degrees warmer in mountain view. it's continuing to stream right through northern california but there are changes i want to show you. scattered showers this morning, rain developing mainly south, later on this afternoon and then more rain for everyone tonight in to tomorrow. here is the setup. it shows the heaviest rain shifting into southern california. that is for today, but we will be looking as the rain as it tapers off today to redevelop around 2:00, 3:00. here is the way it's going to play out.

by 10:00 or 11:00, not much going on, morgan hill, more rain santa cruz, you are looking at pretty good rain in the mountains. by late tonight, we've got more showers from sonoma county into the south bay. look what happens overnight. we're looking at pretty good pockets of moderate to heavy rain. then not until 2:00 in the afternoon tomorrow we begin to see scattered shower activity. not bad for a bit of break in the rain. snow level one to three feet. it's going to start out at 7,000 feet and that is why we have the urban and small stream flood advisory for san joaquin valley. scattered showers, main activity is not until later. one exists and another one arrives later tonight. 57 in monterey and seven-day forecast, next system, another

inch or two by midday tomorrow. then i talked about a little break, it's not going to be continuous rain come monday through thursday. on and off rain. >> we're hearing slight airport delays at sfo? >> yes. >> about 30 minutes so call ahead. >> we want to show the holiday lights. steve hunter sent these photos. this his home in milpitas, involving 75,000 lights that move to music. we want to see the holiday lights in your neighborhood. upload them to ureport or e-mail them to us. in sports, 49er coach mike singletary offers his thoughts on his own job security. good morning. after thursday night's embarrass wy san diego, the 49ers chances

are on thin ice. outside of wins and losses, players for mike singletary wouldn't name a starter for sunday's game in st. louis. does he bench alex smith? remember, torrey smith had a great game. it adds up to his own job status. >> my future depends on the st. louis game that we have coming up. my future to me -- i take it one week at a time. i really don't worry about the other times. >> tim tebow's time could start tomorrow. he has practiced with denver's offense all week. broncos coaching staff wants to keep the raiders guessing.

expect them to give him the nod. if you want to see him tomorrow, buy a ticket. >> we featured the palo alto high school football team, vikings taking on centennial in the divisional championship game in carson. chris bono leading the charge. bono rolling right, back to the end zone to adams leaping and getting the feet down. rolled his ankle, 9-0 vikes. late in the quarter, the coach earl hampton rolls the dice, up for grabs, maurice williams makes the catch, she gone, 80 yards. 15-0 at the half. but seven tenyell averaged 15 1/2 this season. he keeps it.

2-point conversion would fail. 15-13. they get in game winning field goal position. seconds left. partially blocked. palo alto wins the first ever state title, 15-13 is the final. >> lebron james, going for 11 last night at madison square garden. lebron loves the garden. landry fields to chandler, pating on people's heads. show the highlights just before the half, dwyane wade, that is nasty. he had 32 points, wade goes to 26. you saw it, 113-91, the final for miami has won 11 straight. be sure to tune in tonight,

5:00, 6:00 and 11:00, mike shumann will cover the rest of the day in sports. >> next at 8:30, a big break for people that lost money on bernie madoff's ponzi scheme. >> and here is the so-called lame duck legislative session, what they accomplished yesterday you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about youfiber too. i have for while. ok, carl. why don't you care about her fiber? hey carl. [ male announcer ] fiber one. cardboard no. delicious yes.

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welcome back. it's about 8:30. thank you for joining us. we have good news, the power is back on belmont and redwood city. we got word from pg&e that 1200 people lost power overnight due to some downed trees. we hear power is back on in the

belmont and redwood city area. the other good news, a break in the forecast. >> good morning. live doppler con firms that have settled down, gusty winds and heavy rain last night. right now, around the south bay, boulder creek, santa cruz mountains, light returns. up to the sierra, nevada, rain in truckee. snow in the higher elevations so it's a heavy wet snow. then the snow levels lower. accountantfield over 2 inches and more to come tonight. rain and more rain tonight and more accidents after more accidents. the rain has wreaked havoc in santa cruz mountains. 16 crashes were reported along highway 17. five along laurel road. national weather service is

predicting six inches of rain before the storms taper off which means that residents are hoping for the best, but preparing for the worst. it could be another morning of delays in and out of sfo. we hear that flights are delayed 30 minutes. yesterday they were delayed up to two hours before because of the storm. oakland international experienced 40 minute delays. san jose had no delays. so it's best to call ahead if you are picking up somebody from the airport. for the latest, check out the flight tracker on the bottom of our website at www.abc7.com. one of the bart police officers on the scene when oscar grant was shot to death is getting her job back. that is the decision of an arbitrator. bart had accused her of lying to investigators and a judge. lyanne melendez has reaction from bart officials.

>> former bart officer was ordered reinstated with full back pay and benefits. this after an independent arbitrator found she had not lied in her statement and testimony during the investigation of the shooting death of oscar grant. john burris is the attorney representing grant's family. >> they will accept this as part of the process. >> but a bart director was disappointed with the decision and proved that she was untruth and covered up some of the facts. >> we got internal and external investigation, so to have one arbitrator you need to rehire her because you can't prove she lied. yeah, we can. >> a former bart officer were on the platform in when oscar grant was detained. things quickly got out of hand. unarmed and had n handcuffs, oscar grant was shot by johannes mehserle. he was sentenced to two years in

state prison. her attorney says the client feels vindicated. >> she was consistent in everything she said from the very first night all the way through her testimony in the arbitration. so she has always given the same statement. >> she must be retrained. >> the process she must undergo a fitness for duty evaluation and then following that, she can be reinstated. >> her attorney says she will return to bart as an officer, also fired after the incident was officer perone his appeal is pending. burris doesn't think he will be reinstated? >> if he is reinstated that is a miscarriage of justice. >> there is still a civil case pending against the three of them.

if there a ghrim er good news in the newly released jobless figures is the state's unemployment rate hasn't gone up. it's held steady for four consecutive months at 12.4%. hiring has increase for two months in a row. >> in this kind of economic climate, finding a job can be as much work as keeping one. wayne freedman met with a group of job seekers. >> in a county with 11.3% unemployment even a prospect can bring hope. great for pam and 30 others. >> they said this is a leg up on the competition. so from there, you push yourself. >> a single father of three, he's been out of work for a year but now he has a shot of doing, this working for east bay mud as

a plumber. they expect a third of the staff to retire the next five years. today the students graduated from a nine week program at laney college that taught them the basic skills. >> math, algebra. >> starting salary is roughly $35,000 a month plugs benefits. in the tough economic times, to be making that kind of money for a public utility, it's worth going for. >> i need it more than anything, even if i don't get a job. i take something with me. >> they expect eight or ten openings as what it describes as the near future. the hiring process may begin next month which may lead to a competitive twist. >> are they friends or rivals? >> they are my friends, but after we all pass they are going

to be working together. >> so enjoy the cake and get ready to rehit the books. >> millions of christmas shoppers are in a mad rush to buy, buy. this super saturday is one of the biggest days for retailers. >> exactly one week until christmas morning, it is crunch time. >> this is going to be the highest price retail period, every day will be massive. >> now retailers are pulling out all the stops. 50% off the gap and another 20% if you buy this weekend. >> a lot of retail companies are betting on the last minute consumer. so when you get to the stores,

you'll have ambassadors stampeding there with gift cards because they want you in the store. >> even before this weekend, the numbers have been encouraging. the national retail federation had present 2% increase but they think it will be entire point higher. toys 'r' us are opening 88 consecutive hours leading up to christmas. this is the last shopping saturday of the year. >> best buy had been strong on 3-d but customers aren't buying. so a last minute strategy shift, focusing the final few days on lower priced tv bargains and free smart phone offers. no matter where you buy, they expect sales to be colossal. >> retailers are not just paying

attention to sales but weather forecast. last year bad weather put a damper on shopping. >> the widow of a florida philanthropist says is she will give back more than $7 billion in bernie madoff's ponzi scheme. it is good news for some investors but as heather ishimaru reports, several bay area victims question whether they'll ever see a dime. >> chris now owns the business his father started in 1957, norman s.burn any company. he and his brother split the investment when his father died. >> his loss on paper was millions.

in real dollars it was more like $7800,000 and he has gotten $500,000 of that. his brother lost more. madoff is serving a 150-year prison sentence. the widow of an investor returned $7.2 billion. bernie doesn't expect he or his brother will see more of their lost money but he hopes someone will. >> the more we get back the better for investors that are out a lot or out. >> everything it's not going to do us any good -- >> mark rosenberg and elizabeth lost accounts worth $450,000 they had saved for retirement. they got back their $25,000 investment in an ira they thought was worth $170,000. they are angry with the system set to reimburse investors and they are afraid they might end up owing money they took out. >> with securities, investment

protection corporation is out to protect themselves. they are not protecting especially the small investor. >> he is an arrogant man. >> an attorney has interviewed madoff in person. >> it's a tremendous settlement, kudos to the u.s. attorney and the trustee. $7.2 billion settlement means about half of the $20 billion worth of fraud has been recovered. heather ishimaru, "abc 7 news." >> u.s. attorney says $2.6 billion already recovered combined with this settlement is half of the $20 billion that was lost. >> a san francisco federal appeals court law are is suing the u.s. government for refusing to extend healthcare coverage to her same-sex partner. she has been trying for two years to get her on plan. they got married when same-sex marriages were briefly legal in

california. but they say the defense of marriage act bars it from recognizing it. >> we have developing news, the senate has just voted down the dream act following short of the two-thirds majority needed. with a vote of 55 in favor to 47 against. the so-called lame duck senate is meeting right now in a rare saturday session. we have a live picture from the senate floor from washington, d.c. it would have given tentative legal status for illegal immigrants brought to the u.s. as children. they are taking up legislation to repeal don't ask, don't tell. passage of that measure would be a major victory for liberals and president obama. >> we picked up rain, less than an inch or two. a brit of break right now. another inch or two is headed our way tonight.

by about 3:00 or 4:00, we're back in again. full forecast is next. ♪ ♪ >> and a holiday tradition. how the nutcracker [ older brother ] hey, that's the last crescent. [ younger brother ] oh, do you want it? yeah. ok, we'll split it. [ female announcer ] made fresh, so light... ...buttery and flaky... this is half. that is not half.

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live picture from the roof cam counsel the embarcadero at the ferry building. this is the calm before the next storm a break in the rainy weather. lisa argen will have the full forecast coming up very shortly. >> up in oregon, thousands of customers are without electricity after a police car crashed into a power pole. they were responding to a man with a gun. they weren't injured but the

power lines were badly damaged. major lines cut power miles away from the crash site. as for the man with gun he was eventually taken into custody without incident. >> as promised, here is lisa argen with the forecast, yes, no rain right now, a little brief break. >> dark and gloomy nice respite before the next storm. as you head outside, this is emeryville, cloudy out there, scattered showers around but for the most part, another system will be heading our way this afternoon. we're still talking about a series of systems that will be moving in across the pacific right now. live doppler 7 hd shows a quiet picture but boulder creek in the south bay, a few light returns. emphasis for heaviest will be here in the santa cruz mountains. it's going to in parts of sonoma

county and encompass the bay area tonight. winter storm warnings at 4:00 but much of this is rain. san joaquin valley, low-lying areas we're talking about rain right now in tahoe and truckee. snow levels way up there about 7,000 feet. .85 is what you got in petaluma. nearly an inch in napa. san francisco closing in an inch. more of that tonight. probably another inch or two by the middle of the afternoon tomorrow. 55 in redwood city. temperatures have gotten warmer over night. yesterday it was chilly rain but we are 12 degrees warmer this morning in concord. 8 degrees warmer in redwood city. ten degrees warmer in san rafael. that is why the snow levels will

be fluctuate inning the next 24-36 hours. scattered showers throughout the day. a slight chance of a thunderstorm. more rain developing about 3:00, sonoma, santa cruz county, south bay and then more steady rain late this evening, overnight tonight in to tomorrow. the bulk has shifted to the south into central california. bulk of the activity will pick up again later on today. here is. here is a look at the bridge, look what happens at 3:00, handgun, sonoma county, santa cruz is getting wet. by say 10:00 or 11:00, more widespread rain becomes steady. we're looking at the heavier rain by 6:00 or 7:00 tomorrow and then it continues through the midday hour. then we get a bit of break late in the afternoon. today, a little bit.

>> temperatures are warming up. more snow above 8,000 feet with very gusty wind. scattered showers, mid-50s today to the upper 50s in the south bay. a&m in morgan hill. 57 in morgan hill. you'll need the elsewhere and more later rain on monday. nothing compared to what we're talking about from yesterday to today. still more rain christmas eve and christmas day. >> a lot of kids out of school now. chains are required on 80 and 50. >> a new version of the nutcracker comes to the paramont theater. it's the first from the company's new artistic director. don sanchez takes to us a rehearsal. ♪

♪ >> nutcracker is a holiday classic, this version new, oakland ballet's director telling the story his way. >> we tried to create something. >> he brought it out of victorian times to the turn of the century. he attended the royal ballet school and now he is at the oakland ballet. bits a sense of community, showing a new generation. >> we've been going to schools in east oakland and performing, educational piece, telling about the history of ballet. each school we're giving hundred tickets. >> it's his way of making it available to young students. ee he believes the experience can be life changing.

>> i do believe it's transforming. it's very important it's something to identify with. >> you get to interact with the professionals. the oakland ballet has had ups and downs over the years but graham is taking it into a new direction. >> what i plan to do the next couple of years is reestablish artistic credibility. productions like this is really a statement in this community. up next, more local troops are headed for harm's way right before christmas. we're going to show you the sendoff totototototototototototo

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live picture from the senate floor, they advanced the bill to overturn the don't ask, don't tell. it would be a major victory for the gay community and president obama. within the hour, the senate voted down the dream act following short of the two-thirds majority needed. breaking news, the senate advanced the bill to overturn the military's don't ask, don't tell policy. >> members of a pittsburg base members are leaving for afghanistan. families are saying goodbye to

loved ones. mark matthews was at yesterday's sendoff. >> 160 members of the california national guard military police company sang the army song, their farewell ceremony. they watched as his son josh got his marching orders, 12 months deployment to afghanistan. >> something he wanted to do ever since 9/11. >> he was still in high school on 9/11. >> i joined the army to serve my country and go help defend it. >> it's pretty much the attitude of everyone in the country. >> but members as they were first preparing for iraq the equipment was not as good as the regular army and neither was the morale. they had to institute a new policy to keep troops from

leaving. a lot has changed as the company commander. >> i think it's different because we are extremely highly trained. also we have the latest and greatest technologies and equipment that the army has. >> and men and women that have enlisted signed up knowing that war was part of deal. >> josh fiance admits she is upset. she is going to be left alone caring for his daughter and her two young children for a year. >> every day it kind of hits me. god created him to be a soldier and i know he is going to be good one. >> his dad says she impressed with the company's officers. >> they have combat experience. i'm sure he is in the most capable hands that god could put him in. >> he had a few words of advice. >> do what your told in combat.

>> some things don't change in the military. >> a bay area actor and comedian is thousands of miles from home. how robin williams mmmm. you don't love me anymore do you billy? what? i didn't buy this cereal to sweet talk your taste buds it's for my heart health. so i can't have any? if you can deprive me of what can help lower my cholesterol... and live with yourself.

right. mmm, i worry about your mother. cry herself to sleep every night over my arteries, but have yourself a bowl. good speech dad. [ whimper ] [ male announcer ] honey nut cheerios tastes great and its whole grain oats can help lower cholesterol. bee happy. bee healthy.

san francisco's robin williams is crab go jokes in afghanistan this weekend. >> this is williams' fifth uso tour, he will spend seven days touring the country. >> here is lisa argen. >> we do have a series of storm systems that will continue to arrive in on a strong jetstream but right now, a little break. we've got a few showers in the north bay and in the south bay. we are looking at more