have you here live coming up. >> celebration in palo alto. where they are headed this monday, december sixth today in the bay. >> good morning. thanks for joining us. laura has the morning off. >> 5:00. we want to get you started checking in with rob and the latest in your hour by hour forecast and the rain moving through the bay area. >> it's sloppy. >> it will slow your commute in spots. talk about the temperatures. mild numbers here at 9:00. breakfast time 50s to low 60s. a lot of low 60s around the hills and san jose should climb into the low 60s as well. what is affecting your commute, you see the rain flying around the east and south bay. that will cause slick roads. >> even as the radar shows, the

rain may not be falling, look what it left. we have the cars approaching and the rooster tail that kicks up, that will be the case in the morning until the sun dries out more. 880 we are looking at the cameras shaking as the wet roads continue. the camera is trembling because of gusty winds for the bay bridge, but watch as you cross the bridges. >> thanks a lot. a pivotal day and a panel making up the ninth circuit court of appeals in san francisco. we will hear two hours of arguments on prop 8. people who oppose are appealing a lower court ruling that strikes down prop 8. live in san francisco with more on what we can expect in the courtroom today. >> reporter: good morning. the people who put the ban on same-sex marriage on the ballot here in california are appealing this lower court decision to overturn the ban that had been approved by voters.

the hearing will start at 10:00 this morning at the courthouse on seventh and mission with lawyers from both sides arguing before a three-judge panel with the ninth circuit court of appeal. the judges will consider two issues. first, does protect marriage have the legal authority to do so? the argument being that the overturn did not directly affect them. the other issue the judges will consider is whether the judge made the right decision when he ruled prop 8 is unconstitutional since it violates gay people's civil rights. it is expected to last two hours with an hour dedicated to each issue. no witnesses will testify. this will be lawyers arguing legal points and you will see how the process works on c-span providing live coverage. how is this panel expected to rule? the judges on the panel are randomly selected. is conservative, one is liberal and a moderate liberal and we

will expect the two judges to keep the ruling in place. that decision is not expected at least for another month. whatever the ruling, the losing side will appeal to a panel on the ninth circuit. the belief is that the case will end up in the u.s. supreme court. live in san francisco, bob redell, today in the bay. >> bay area lawmakers will tall for party buses, the so-called clubs on wheels all the rage for 20 somethings and teens too young to drink. jerry hill of san mateo will introduce a law to hold companies accountable for keeping booze out of the hans anyone younger than 21ment it comes after the death of a teen who drank for hours and got behind the wheel of a car and crashed. the boy's parents are comforted knowing their son's short life will have an impact. >> never liked being the center of attention. it will feel good about this.

>> party buses which are usually tricked out with dance force and strip polls don't follow the utility commission's alcohol laws for transportation companies. >> shaping up in san rafael, city leaders decide whether to allow a target store to be built next to a home depot. several residents and merchants are concerned over the impact a big store would have on nearby streets. opponents say surrounds streets are at capacity causing gridlock in certain times of the day. there certains businesses will suffer if this new target is allowed to open in the neighborhood. having a shiny new bike to a kid can mean about everything. for some children who don't have bicycles of their own, their wish to have a set of wheels is about to come true. 75 executives will roll up their sleeves at a conference to build

bikes for kid who is may not otherwise get one. once they are built, the children get to pick them up and try them out and get helmets and bike locks. >> a big honor later on today. the governor's counsel on physical fitness and sports will award ruskin elementary as the winner of the challenge competition for the bay area. students made physical fitness a more penitentiary part of their lives and the school will be presented with a check for $5,000. that goes towards the purchase of physical fitness equipment. they get $1,000 that go to school supplies. >> they're have been working on that for a while. stanford is bcs bound, headed to the orange bowl. the head coach said he is excited and he still loves being at stanford. >> you are a football guy.

>> everybody is smart. i don't think i can hang there. >> people think through osmosis that i work at stanford university. people look at me like i'm smarter. >> thanks for your time tonight. congratulations, doctor. >> he was offered a new deal even though the current contract doesn't expire until 2014. it is a richer sweeter version of the contract he has now. as for the orange bowl, kickoff is 5:00 in the evening and fourth ranked stanford against 13th ranked virginia tech. >> you have to keep him locked in. the rain held off for a great morning for the holiday parade and even the triplets were able to make it out. it would be a game day thing. as today in the bay tells us,

there was a special element to the parade as well. >> through the downtown streets of san jose, this year's holiday parade welcomed a guest for the first time. the san francisco giants took the opportunity to show off their recently earned hardware. >> the trophy is its own entity. >> where the trophy goes, so does the cto. >> chief trophy officer. it's surprising that a piece of precious metal can cause so much stress. >> not to mention the fingerprints. >> we have to have on white gloves. a matter of keeping fingerprints off of her. it's a her. >> the giants and the trophy keepers refer to it as a she. joking that nothing that beautiful could ever be male. the rock star life of a world series trophy is not easy. from being unlocked and released

in the morning, a parade tour and even a quick tv appearance. it all seems to be worth it. the smiles and cheers the trophy sparks are worth more to fans than you can imagine. >> i have never seen it. to get a picture, i don't know what i will do. >> it was very cool and we got to see the trophy as well. tens of thousands packing the streets for the parade. >> elmo! >> lots of stuff in the bay, the entire crew was there. >> the triplets! >> nearly 100 entries with 5,000 participating. garfield. there he is. the san jose parade is the largest of its kind in northern california. it was the 29th year, but there may not be a 30th. because of budget problems, may may have to cut the whole thing and they are trying to gather

money. >> yesterday during the newscast on sunday, we talked to ed batista and he is hopeful that perhaps something will happen by next year. >> it's a tradition and it's a great parade. >> funding is tough for everything. >> mike is there with his kids too? >> grit to see all the bay area morning family and extended family. thanks for joining us. keeping you in the south bay, we still have christmas in the park. we need funding for that as well. if you visit, get $1 from every person. blocking that off-ramp cleared up in the south bay. highway 17, you will get caught with fog over the summit. the lower peninsula will not show major slowing. back to you with a warning. lower the speeds. it's safer that way. >> a little sloppy. >> still wet. >> luckily i wasn't late. not driving too fast.

>> that's good. the wind and rain will slow you down in a few spots. you are seeing some of that combined in san jose. 54 degrees and southeast wind at 12. the rain over to the highway summit. more from fremont and the sunol grid. oakland and san francisco are dry and a few widely scattered showers, but most of the action right now is around the east bay hilltops and heading out to the sierra with more snow. upper 50s to low 60s. it will be breezy and showers probably through about lunchtime then towards the evening. things should start to dry out and the break we will see for tomorrow is not going to last long. more rain for wednesday and showers starting to linger into early friday morning. back to you. >> off and on. >> 5:sdpen a fiery plane crash into a suburb and the pilot survives. a bay area high school student makes national headlines

after she crawls across the finish line at the cross country championships. the video is going viral. >> the world's most popular social networking site getting another face-lift. we will show you the changes. >> a live look outside. this is what rob has been talking about. the roads are wet on the golden gate bridge and many other polices. we will check the traffic and weather coming up. hey, you got groceries!

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[ male announcer ] got something you'll love to keep doing? take care of your heart. you can start with cheerios. the natural whole grain oats can help lower cholesterol. this is what makes me happy, so i'll probably do this until the wheels fall off. [ male announcer ] it's time. love your heart so you can do what you love. cheerios. >> good morning. a live look outside from the south bay and you can tell by the shine of the lights that it's wet. the roads are wet as you head out. temperatures are not too bad. low 50s already. we will check rob with the forecast in a minute. >> new this morning, a pilot of a plane ripped into speess as it crashed into a utah neighborhood. it's amazing he is alive at all. he is coherent after his small plane went down in thick fog.

the pilot was trying to land at nearby ogden airport in utah. three homes caught fire and no one in the homes was hurt. the planes clipped power lines. >> we were watching television and the power clicked off and there was a huge explosion sound and then we had seen a flash outside. >> at least 50 neighbors were forced to stay in a shelter because of the crash. how important is facebook? so much so that changes to your profile is now on 60 minutes. >> the ceo was on last night. the second time he has been on the show. this time talking about the movie social network and a new way to present your profile. it will look more like a cover letter, where you went to school and what you did for a living created in a narrative. you will be able to pick your

favorite friends as the picture as well. good luck trying not to lose which friends you don't lose as your favorites. you are there. a interview with the head of the fed, ben ber narchg whoa expects it will take years for unemployment to return to normal. bernanke defending the purchase of billions in government bonds. we talked before and the fed prints money to make this possible. they start up a printing press and print money which a lot of politicians are concerned about inflation. ber narchgy is saying no, inflation is not the problem, deflation is. that's almost impossible to get out of. facebook got nor time than ben bernanke. >> thank you very much, scott. when it comes to holiday gift giving, you have plenty of choices in the home video department. particularly if you want to

shoot video. used to be that the giant camcorder was your only option, but now most point and click cameras make movies and video is standard on smart phones. if you want 1080 video and portability with the play touch, that seems to be the top choice. under $200 and takes five megapixel still pictures. it offers a feeter found on the iphone 4. >> you can do video editing and you don't have to download into the computer and find a software in order to just shorten a clip or fuse two together. you can do it in the camera. >> another kodak product fresh off the market or on to the market is the mini. it is the size of a credit card and water proof and just under $100. it's kid proof. >> a high school cross-country runner san francisco becoming an internet sensation. she collapsed in a race last

week and crawled across the finish line. her determination helped win a state championship for her team. as monty francis told us, the victory was a life lesson for her terminally ill coach. >> for most of the three-mile race, holland reynolds leads the pack. with less than a mile to go, the junior at san francisco's university high school can feel something is wrong. >> my legs started to feel really heavy and my breathing got faster and faster. i just started slowing down. >> with the end of the race in sight, reynolds stumbles and collapses a few feet from the finish line. >> no one can touch you or you are disqualified. an official i remember him telling me that i just had to pick myself up and crawl through if i wanted to finish. >> suffering from dehydration and slight hypothermia from the cold rainy weather, she crawls

across the finish line, securing the 8th state championship, more than any team in the state has ever won. >> we're really wanted to win for jim. we have this mission of winning the state title for jim's possible last cross country season. >> jim is her coach. after 17 years, it could be his last season because this past june he was diagnosed with als or lou gehrig's disease. >> i'm hoping to make it through the season. it's up in the air. >> as his symptoms worsen, he experiences physical limitations, but imparting life les ones to his runners. >> there is a resilience in all of us. children and adults. we have to tap it as long as we can. >> the lesson is not lost on reynolds. reynolds is in an ambulance, weak, but beaming. >> i feel like it happened for a reason and made jim's last season a heroic one and

memorable one. >> sometimes the student is the one who teaches. >> she said jim, you are a great coach and you are my friend too. she said this. i like the way you coach. you have done so much for me and our team and i'm not going to forget you. obviously i'm not going to forget her. >> monty francis today in the bay. >> she finished 37th in the race. >> and made me cry. >> they're needed her to cross. if she didn't cross, they can't win. even though she ended up in 37th, just crossing the finish line helped the team win. the moral victory for the coach as well. >> so touching that she was able to do that for him. >> yeah. i'm not going down. it's all right, mike. >> holland ren ols and coach jim. >> ever since my kids, i have gotten weepy. >> the puddles you might come

across, look at the roadway. we have a minor accident to tell you about off the castro valley y. northbound at southbound 880. the interchange where a lot of folks were shifting, an accident blocking the fast lane and they have to move it over to the shoulder. i'm watching to see if there issues off of the castro value. on the shoulder, northbound 680 at concord avenue has been pushed off of the roadway. antioch is starting to build up with the volume and you see slowing. a live look at the bay bridge and rob has a look at the forecast on your monday morning. >> theitiy bitty art exhibit getting big iontn. we will meet the artist creating these teeny works of art.

>> 5:24 and courtesy of san jose this morning, the winds are backing off a bit. gusty conditions a bit earlier. the wind speeds in downtown are starting to ease off. look at the wind speeds earlier this morning after midnight and almost 60 miles per hour up at about 1800 feet. pretty impressive and around the east bay hills and into sfo

airport, san mateo with wind gusts close to 40. a southeast wind at 12 and breezy as well around san francisco. notice the temperatures. we are seeing a mild start to the morning in the low to mid 50s. for the first half of the day through lunchtime, scattered showers and trending drier towards the afternoon. we should stay dry through tuesday and towards wednesday and thursday, the next chance of seeing rain. san jose catching a break right now and the rain continues to fly around the sunol grade. same story for the north bay as most of the moisture heads off to the east into sacramento and the sierra. a few scattered showers for the morning. for the afternoon, breezy and mild and highs should be in the 60s. another round of rain as early as late tuesday night. this will be droping for north to south, giving us rain for wednesday and the thursday off and on. things will dry out into friday and the weekend. around the bay area, low 60s south of san jose with partly

cloudy skies and a mild afternoon. north bay in the 50s today. close to 60 in sacramento and a look at the seven-day forecast shows things looking soggy and a nice change. a weekend ahead that looks dry for a change as we head towards saturday and sunday. >> that are would be a nice change. >> did you go to the museum and stand in front of a work of art and say i don't see it? there is a lot of that. this art is so small you have to look through a microscope. he puts them in the eye of a needle or the top of a pin head. with the naked eye it being wells like nothing more than a speck of gust. he sculpted shaquille o'neal, cupid, the t-rex and the president and his family. he uses home maid materials like carpet fibers and each grains of sand. >> i have to sometimes use a hair from a dead fly as a paint

prush or one of my own eyelashes from the kosher and blue it on a neelths and paint very, very gently. >> and also very, very slowly. each takes weebs of sitting in front of a microscope making miniscule movements between heartbeats. >> it is cool, but it is small. >> you can go to the museum and say i don't see it. >> keeping an eye on san francisco, waiting to hear if the head coach will be fired or not for the 49ers. what jed york has to say. >> i lot of people have opinions and a police officer and a suspect goes g to the hospital. we will show you what happened in a live report. quote and compare in about 8 minutes. now, that's progressive. call or click today.

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new this morning, a man accused of assaulting a toddler in a dollar store heads to court. >> a parolee in a stolen car refews to stop and plows into two patrol cars. we will tell you what happened next in a live report. >> per a live look outside right now. a beautiful shot of the bay bridge. we are slowly drying out on today in the bay. >> thanks for joining us. i'm brent cannon. >> we have an hour by hour forecast you will need today. >> light showers around the bay area. temperatures not that bad. you will notice as we go from 11:00 and 12:00, 50s and low 60s

for highs outside. you seal we will cool off by this evening. the story of the morning for the highway 17 commute and the sunol grade, we are seeing scattered showers and fog too near the higher mountain road tops this morning. >> that's the perfect lead in. we start with a live look at sunol. a look at the water kicking up on the windshields and streaming down from the sky. rain and wet roadways continuing to the south bay. a light volume showing the slow down as the volume increases. 17 has a lot of rain. we have rocks and mudsliding across highway 35. one lane blocked east of highway 17. >> the driver of a stolen car and a police officer in the hospital this morning after a wild car chase in the east bay. today in the bay's christie smith is live in hayward and the suspect crashed into the patrol car? >> that's right. the suspect crashed into not

one, but two patrol cars that happened where we are standing and also that driver hit a street light where the orange cone is right now. he hit the two patrol cars and that light and crashed into this front lawn that you see right here and hit the flower boxes. deputies say he was on patrol for stealing cars. you see what's left of the cars, it's amazing that anyone is alive. the cars are completely smashed. alameda county sheriff's department said this started around 11:45 when deputies spotted a stolen honda near the bart station. they tried to get the driver to pull over, but instead he went down a driveway. when they got out of the car, he threw his car in reverse and rammed into the patrol car, a dui unit. they think he was trying to get the air bags to deploy so that the patrol car would not chase

him. they followed him to grand and b where the 23-year-old blew right through a red light and hit an on coming police officer's car. a 38-year-old is hospitalized this morning expected to be okay. also hospitalized with a head wound. deputies saying they found a pellet gun inside of that stolen car. that's the latest from here reporting live in hayward, christie smith today in the bay. >> that's a new twist. thank you very much. >> the ninth circuit court of appeals will take up california's same-sex marriage ban this morning. the three-judge panel is reviewing a lower court decision that declared the ban unconstitutional. they are expected to hear about two hours of argue ams and no decision is expected today. bob redell will be live in san francisco which is why this may not be the end of the road for the fight over gay marriage. >> a convicted sex offender

accused of assaulting a toddler in the middle of a crowded store. eugene ramos is held without bail after being charged on friday. police say ramos assaulted the 2-year-old girl in a dollar store in union city after she wandered one aisle away from her family. ramos is a convicted sex offender. he assaulted a 7-year-old, but was paroled after three years. he is expected in court in fremont at 9:00 this morning. today the sentencing for three people who admit to beating, burning and holding a tracy teen captive for more than a year. the sentencing comes two years after kyle ramirez stumbled into a health club nearly naked with a snackle around his ankle. the teen's legal guardian pleaded guilt to charges in exchange for lighter sentence. they face at least 30 years in

prison. >> i warning not to overload your power strip as you set up christmas lights. an overheated strip caused a fire at an assisted living center. eight people had to be taken out and they were not allowed to return home overnight. they expect to be able to go back in late or today. it caused about $5,000 worth of damage. pa. >> best selling authors raise money for the uc grads still prisoned in iran. sarah shourd said it ran up expensive legal fees and travel costs. they were arrested when they crossed the iran border. iran accuse them of spying and they said they were hiking. readings will be given at the verde club. the event is expected to run

about two hours. authorities a $20 donation to get in. >> like the first day of school for lawmakers, the new 2011-2012 seg convenes at new. new legislators will take the oath for the upcoming session. california's new chief justice will swear in the 80 members elected in november including 28 brand-new numbers. during the session, john perez will outline the goals and ongoing budget problems. schwarzenegger will open on a shortfall in the spending plan signed just two months ago. lawmakers say say it doesn't matter since he doesn't carry much weight with pay month left to his term. many look to jerry brown to balance the budget. he takes office january 3rd and must balance the budget a week later. california faces an estimated

$19.3 billion gab for the 2011-2012 fiscal year. speculation that mike singletary will be fired. he cannot seem to muster a win. the 49ers stayed with the green bay packers for the first half and he came on strong in the second half and went on to win a score of 34-16. this was just before the first half. san francisco 4-8 and playoff hopes are diminishing. the president said he will not fire single tear. the raiders stunned the chargers 28-13. silver and black at 500. they need a few more wins today if they want to catch the chiefs at the top of the afc west. meanwhile the other raiders, the morgan hill raiders won their

first game in the playoffs in orlando, florida. they are still alive. their next game will be tuesday afternoon. congratulations. >> they are so cute. the a's will not be adding the bat of adrian belt re. the team said oakland withdrew an offer yesterday. they needed him to commit before the start of winter meetings today. when it became a parent that he would not, they withdrew the offer. they are waiting to hear from the pitcher who had until 12:01 this morning to commit. we don't know what happened with that so far. . >> good morning. it's 5:38 and a lot of folks hitting the roadway. we are looking at livermore where the slow down is typical. a shift because of an accident and we will see the slowing start to move around as folks make their way past this partially affecting the fast

lane. stay to the right. someone is sticking out into the fast lane. that may shift here and a typical start for antioch slowing as well. slow, but not as bad as we expect. more folks hit the roadway because of the rain and avoid the outdoor stations for bart and the train. >> we are watching the east bay hills to see the area of slowing due to rain. not seeing much in san francisco and oakland, 580 commute through the pass as we head tfowards th dublin interchange. still highway 17 out towards morgan hill with scattered showers. it is kind of a mild start with lots of 50s and breezy at times and the trend to the afternoon. we will dry out with highs in the 60s. patchy fog and a dry day for tomorrow and the rain comes in for wednesday and thursday. not the worst time for example a change. the weekend ahead will be warmer and dry. back to you. >> thanks a lot.

5:39 and a possible breakthrough in efforts to detect autism in children. we will show you what doctors are doing to prescreen for the condition. >> congress hard at work today. what they do will affect how much money you have for the family budget next year. a live report on the negotiations coming up next. keeping your pets safe this holiday season. what you need to watch out for as you trim the tree. a live look at our san bruno mountain camera. it is breezy and rainy. we will tell you where the city ranks on the list of brainiest. the time is 5:40. you are watching today in the bay.

looking live at san jose, the roadways are wet and you may want to slow down as you head off to work. 5:42 right now. >> you may be about to get a break on your taxes because lawmakers appear close to a deal and both sides seem to agree they cannot let taxes go up january 1st. the thing they don't agree on is how to go about it. we have negotiations seem to be moving closer to the middle. tracy? >> seems they are motivated to try to get something done before that january 1st deadline. more appropriately, keep the current break on your taxes as opposed to them going up january 1st. unemployment benefits have gotten wrapped into all of this part of the negotiation.

it will probably be extended and will be extended for 99 weeks plus. they ran out for several people for millions of americans. now it appears that they will again be extended. the question is for how long? tax breaks for the middle class are going to happen according to democrats and republicans. tax breaks for the wealthy and people who makeover $250,000 a year, that is where the sticking point really is. it looks like they will go with a temporary extension whether it's for a year or two years. how far they kick the can down the road, they don't know. there was a vote in the senate for tax breaks and no one expected it to pass and it didn't. not only did every republican vote against it, but five democrats did too. >> thanks a lot for the update. >> president obama is urging china's president to send a message that the uranium enrichment program and recent attack on south korea is

unacceptable. he called the chinese president it talk about north korea. they discussed their common interests in peace and stability in asia and the importance of keeping the korean peninsula free of nuclear weapons. also new, iran's top negotiator is in geneva for the permanent members of the security council. today's talks are the first in more than a year and officials hope they will lead to new negotiations over the nuclear program. meanwhile yesterday iran announced what they calleded a major step forward in the nuclear work, signalling it is not about to back down over a battle of peaceful plans for energy production. it is 5:45 now. want to say good morning again. >> we will get to traffic and weather in a few minutes, but first, late or this morning, a three-judge panel in san francisco will hear new arguments on proposition 8. that's the ban on gay marriage.

the ban was halted by a lower court and this morning, they will hear the new arguments who appeal that. bob redell is live in san francisco with more on what to expect in the courtroom today which by the way we should be able to watch. >> reporter: good morning to you. in person if you want to show up, some people have with court watcher who is all happen to be against proposition 8 are waiting in line on seventh at mission to get a spot in the courtroom since seating is limit and it's first come, first serve. a three-judge panel of the ninth circuit court of appeals will hear from lawyers representing both sides. >> it's a moment in history i want to be a part of. it doesn't directly -- i'm single now, but eventually i want to get married. i want to be able to say to my adopted kids or my own children

that i was there and i was a part of that. i want to share my experience with other people. >> the judges will consider two issues. first, does protect marriage have the legal authority to do so? the argument being that the overturned prop 8 did not have a direct effect on them. the other issue is whether the judge made the right decision when he ruled in august that prop 8 is unconstitutional since it violates gay people's civil rights. no witnesses of testify. this will be lawyers arguing legal points and you will be able to see how the process works on c-span which will be providing live coverage. how is this panel expected to rule? the judges are randomly select and is conservative and one liberal and the other moderate. analysts expect the two judges to keep the judge's ruling in place. that decision is expected to be a month away. the losing side will most likely

appeal to an 11-judge panel. the belief is that ultimately this case will end up in the u.s. supreme court. live in san francisco, today in the bay. . >> per just clicking over to 5:48. southbound 880 at 230. a separate group of people still partially in the fast lane. watch as you come down towards 238 off of the connector. northbound up through oakland. we see the nimitz with no incidents, but flooding reporting overnight. watch for the standing water approaching the toll plaza and a 19-minute drive off of the bridge. through livermore, it cleared at greenville. rob likely because of the stuff we see in sunol. the water kicking up and the rain looks like it might have

eased up. >> interesting slowing in livermore. we are seeing rain towards the pass and the grade as you saw. pretty mild this morning. no need for a winter coat. just the umbrella at times and gusty around the hilltops. 20 to 30 miles per hour. in the south bay, widely scattered showers and same story around santa cruz south of los gatos. you will find a little bit of rain. into dublin and livermore, light rain will continue from 580 and 680 to danville. not so much around san francisco and oakland, the ponding you are seeing due to the rain that fell overnight. most of the action moved off to the east. not seeing much rain right now. as we go hour by hour, the showers should start to head off to the east and get through tuesday's drive. wednesday morning to wednesday afternoon is when the next round of rain arrives around the bay

area. high in the 60s for most places. a partly cloudy day and low to mid 60s and 50s for most. we will transition to a drier pattern for a day. rain for the middle of the week and clearing friday and into the weekend ahead. >> thank you very much. with this kind of wet weather we have been seeing, now doesn't seem to be the ideal time to shop for a christmas tree when they are dripping wet and they have puddles and on are muddy. we put ours on hold, but for one they t continues rain or shine. one woman took her three daughters to pick out a douglas fir. despite the economy she said it's a must have. >> if i have to save somewhere else to get that perfect tree, that's what we will do. >> for many families over the weekend, sopping wet christmas

trees is enough to feel the warmth. they will dry. >> starting today, you can rent a live tree for christmas instead of chopping one down. friends of the urban forest give you a live potted tree for $80. you take it home and enjoy it for up to six weeks and return it. it is used in a tree planting program. none of the trees are necessarily pine trees. you may not get that, but organizers say people don't seem to mind. >> it's good. like every year, people show up a half hour before we open and try to get trees while we are setting up. people are super excited about it. >> you can get them today outside of the safeway at market and church streets. >> doctors may have found a way to better detect autism in children. researchers look at mri and the

structural differences. the brain's circuitry is different in the areas involving language, emotion, and social skills. the scans were 94% accurate and researchers say large studies need to be done to make sure the method is valid. >> the world seems to be crashing down on the controversial wikileaks website. the embattled founder is considering asylum in switzerland. a native of australia lives in great britain and a swiss group is keeping wiki leaks on line. the site is under secret me in for posting top secret lip lo mattic documents. he is wanted to face sexual offenses against two women. swiss authorities say he has to do a few things to keep his bank account and website open. he has to prove swiss residency, live near the border, own property or do business in

switzerland. >> the holiday time is an enjoy:for your pets and perhaps for the wrong reasons. the holidays can be a dangerous time for our four-legged friends. they can get sick if they have rich or greasy foods and bones can be harmful. chocolate is no good for dogs, particularly the middle ones. if you have a cat, don't trim with icicles or tinsel. >> tinsel, ribbons and yes or no, cats love to eat these objects and can be tangled in their intest ups that requires emergency surgery. >> paper puppies and kittens like the twinkling lights and cords. flower arrangements are nice, but keep them out of rich so they don't get upset tummies. point setties are not good for dogs or cats. lilies are harmful as well.

>> they are crawling around and getting into stuff. >> they get into everything. governor wart warts gives the legislature his new budget this morning. that even his own staff calls ugly. >> a bit more than a month from now, the next governor, jerry brown will propose his own budget. expect healing care and welfare and law enforcement. they will probably not agree to any of it. pay attention to how severe they are when the proposal is relieved. the governor is a lame duck governor and has little to lose by being honest about how serious our problems are. a good example of serious problems, arizona. arizona passed draconian budget cuts that included the funding for the transplant for low income patients.

without the transplants, the patients will die. one man who need a bone marrow transplant already has. lawmakers didn't realize when they were voting that this would happen when they voted yes, but there was a point to all of this. that's why where that state and probably our state's situation really is. cuts to food and to children. life-saving procedures to sick people. when the governor announce it is the proposals, they will be very, very serious and a real sign as to what trouble the state truly is in. >> it's a big issue these days. a new report looks at the smartest cities in america and a couple of bay area cities are on the list. san jose at number seven and the san francisco-oakland area in the top 10. number 10 according to portfolio magazine. it looked at the average level of higher education and the earning power of adults in 200 cities to figure out which has

the most cerebral power at the top of the list. the area where i come from. >> you are here now. paw paw i moved down from number to number seven. followed by michigan and washington, d.c. the portfolio ranked the least brainy and california was well-represented on that list as well. most in the central valley. number one was merced, california. visalia was fourth. bakersfield fifth and modesto number 10. >> being smart does not appear to pay. unemployment was tough for the well-educated. want jobless rate for those with at least a bachelor's degree was the highest since 1970 when records first started being kept. that aims to 2.5 million unemployed people last month in the group with at least a bachelor's degree. a whole new season of the sing off premiers tonight right here on nbc bay area and features an

east bay group. jerry lawson and the talk of the town will be one of 10 a cappella groups performing popular songs. the final group left standing wins $100,000. the sing off premiers tonight at 8:00. you can catch it right here on nbc bay area. we have much more ahead on today in the bay. coming up, sentencing day for people accused of keeping a keen ager locked up for more than a year. why they won't get in prison. >> where facebook goes, controversy follows. the profile has changed . why folks are not happy about t. ♪

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