good morning and thankings for joining us. >> coming up on 5:00 straight up. a look at the hour by hour forecast as the rain is making its way in. >> coming in around most of the bay area, waking up to light rain and as we take you through 8:00, rain moving in and some could get heavy. from the north bay, the heavy raindrops down past lunchtime and as we head towards 4:00, the evening commute, plan on rain as well and speaking of the rain, there is a look at it on the radar and as that sweeps across, you will see reduced speeds on the roads. >> that's right. we will look at the golden gate bridge. you see the wet roads and the crews are moving in preparation for the morning commute. as you prepare, make sure the wipers are in good condition. especially if there is less

water and you get that muddy smear. over on the east bay at grand avenue, a to truck should be arriving that might have the slowing blocked over the next few minutes. back to you. >> thank you so much, mike. the main military suspect accused of leaking the majority of documents and a war video in the wikileaks case could be deemed a hero by the berkeley city council. a topic has people talking. live in berk wlee moeley with m the story. >> i spoke to folks here on the streets last week and many say they don't know how they feel about it. it is a controversial topic. army private first class bradley manning a traitor or a hero. the 22-year-old oklahoma native is in solitary confinement accused of leaking military documents and a war video known

as collateral murder that shows an army helicopter attack in baghdad in which 11 civilians were killed. if convicted, he faces 52 years in prison. in a 7-4 vote, the berkeley peace and justice commission voted in favor of a resolution to support and free manning and proclaim him a hero. it's up to the city council to say yeah or nay. he should or should not be recognized as such. i spoke to the mayor's office and he said he is undecideded about this, saying because the wikileaks case is still being sorted out on the world stage, it's premature for berkeley to weigh in on the issue. city council will still vote on it tonight. live from berkeley, today in the bay. wikileaks founder in the courthouse for the extradition to sweden. he faces several sex charges to

sweden and voluntarily turned himself to british authorities after prosecuteors issued an international arrest warrant. lawyers will ask a judge to set a bail. the bail was refused when the judge said there was a flight risk. no word if the united states plans to file charges as well. >> the man accused of kidnapping a virginia girl and killing her mother will be in court this morning for an extradition hearing. no word if he will fight extradition to virginia. police have accused him of murdering tina smith on december 3rd and taking her 12-year-old daughter brittany on a cross-country trip. he was arrested outside a san francisco safeway on december 10th. brittany is back home with her father and family this morning. they were reunited in virginia. benjamin smith said he appreciates the work that investigators did and thanked the woman who spotted brittany

outside a safeway and called police. she said the minute she saw her, she knew something was wrong. >> my daughter even said she is young to be outside. it was a wet evening. my daughter even noticed something wasn't quite right. she didn't look right. the situation didn't look right. it may be the girl from virginia. >> by the time she walked out of the safeway, brittany was with police and easley was in handcuffs. >> part the city council is set to vote on a plan micking it illegal to send customers out the door with plastic bags. they encourage shoppers to bring their own bags. there is no need to ban them because they are recycleable. supporters say too many of those bags end up polluting waterways.

san francisco began a limited ban on plastic bags in 2007 and palo alto and oakland are considering similar measures. the council is due to take up the aging sewage treatment plan built back in the 50s. they had the foresight to create a buffer zone to prevent smell and noise from the plant. they may have to spent about $1.6 billion to modernize the plant so they don't need to have the buffer zone. it could be used for offices, retail, sports field, solar rays and restored wetlands. the city council will get a progress report, but a vote is not expected for months. >> a pot club vote will bring more green into the city. instead of approving a ban on the cannibis clubs, it's starting all over. they voted yesterday in favor of the 7% tax approved by voters

last month. the burning question will be discussed at a later date. chuck reid supports the tax. >> a blue out is expected tonight. teachers and employees at the mount diablo school district plan to rally to protect jobs to keep students and schools safe. they are upset about the rising cost of health care. they say they made concessions and claim that more cuts make it impossible to provide safe and clean classrooms and a good education for the students. that meeting is set for 7:30. expect more teachers in classrooms soon. the school district received enough federal money to hire about 20 teachers for the rest of the year. the district and the teacher's union disagree on how to use the new hires. the district wants the new teachers to help the current teachers by working with student who is need more help. they want the new teachers to have their own classrooms to

shrink class sizes. >> san francisco is struggling to keep the americas cup. today the full board of supervisors will vote on a host city agreement. it may be too little too late. race organizers have given until friday to come up with a proposal and they say are negotiating with newport, rhode island. they get to have a say in the location of the 2013 cup and that honor plans to go to oracle head, larry elson who prefers to end up in the bay area. >> a north bay museum is adding today. they have been awarded this plane or one like it. the first aircraft ever to respond to the world trade center on 9/11. it's an f-15 that arrives this morning. it's fully restored. the former secretary of the air force and several local mayors will be on hand to welcome the aircraft. museum leaders plan to feature

it as part of an international exhibit. a vote on supervisors could be the fertile shot fired over road congestion tolls. supervisors decide if they should launch a study to charge drivers coming in and out of the city from the south $3 each way. it applies to all driversuing highways or major streets on peak commute hours. the fee would be the first of its kind in the country. >> per san mateo leaders are considering a fee of their own to get san francisco to drop the plan. they are asking why all the money raised from such a toll would only benefit san francisco. after all, it's shared by both counties. the district in san mateo said if san francisco moves ahead, other cities will follow suit until driving anywhere will be a nightmare. they plan to announce legislation to block the toll. >> i'm charging to you get into the house. >> time now is 5:08 and we want

to check with mike. it could affect your commute. >> for would affect the commute with very heavy congestion through san mateo. a live look at the bridge coming over from the hayward side. you have to pay the toll getting over into san mateo and heading north if that's your route. you get taxed again and possibly by both sides. notice the glowing lights and the high-rise. there clouds as well as through oakland. 880 operates at the limit is, but you see the glowing lights with mist and drizzle through the areas. watch the slippery roadways and makure sure the wipers are in good condition. >> i replaced them on both cars. >> he's a keeper. you will need an umbrella or a dome. >> to keep it from blowing away. >> that's a good point. the winds start to pick up with

good timing. you will need the wipers not at this particular moment where it's 54 degrees, but off to the west the rain is spilling in and arriving in the next half hour. up around the peninsula, areas of light rain and moisture streaming in today. we will see the rain stick around for the evening commute as well. here we go with the futurecast. the rain continues to slight on through and pockets of rain hit and miss from time to time. this takes us to the evening and we'll catch a break into tomorrow. today turning rainy. locally breezy and wins out of the south at 10 to 20. highs no matter where you go. we catch the mid-week break wednesday and thursday. take your time to take any outdoor plan and get them done. it looks soggy and windy. back to you. >> time is 5:10. a strange discovery at an archaeological dig. we will show you what it is,

coming up next. >> military taking part in the battle of the bulge. what they are doing now. >> and your information possibly in the hands of thieves after a breech of security at a popular fast food place. what was stolen and if you need to be worried. >> we'll be right back. before we go, let's take a live look at the golden gate bridge. already wet. be careful with the slick roadways. for itchy dry skin. try cortizone 10 intensive healing. the strongest itch relief medicine now has three vitamins and seven moisturizers. feel the heal.

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good morning. taking a live look outside. expected highs and lows and not much difference at all. the rain is coming in. we will check with rob coming up. >> the world is reacting to the death of a giant in u.s. foreign policy. richard holbrook died at george washington university hospital. he was part of the pent gon papers and the architect of the bosnia peace accords and served as president obama's special envoy to pakistan and

afghanistan. the president said he will be remembered for tireless diplomacy and pursuit of peace. he underwent surgery saturday to try to repair a tear in his a or thea. he was 69 years old. >> the deaths of three men who were hit and kill by an amtrak train in southern california. the train was en route from san diego to union station before 9:00 when the conductors spotted three people on the tracks. he pressed the brakes and couldn't stop in time. commerce is about eight miles south of downtown l.a. the idea of a red light district is closer to reality. after a decade-long fight, the internet corporation for assigned names and numbers approved the contract with a company that registers domains ending in xxx. they would take the place of.com and.org sites. internet porn should not be

legitimized with their own designation they say. hackers could be at risk. mcdonald's said a third party was able to work around security. they accessed a database that included e-mail addresses, birthdays and other contact info. mcdonald's said the database did not include financial information or social security numbers. no word on how many customers are affected, but the company said they are working with law enforcement while the breech is being investigated. >> i guess i'm shocked they had that. is it because of the atm? >> they know you do want fries with that. >> super size it. >> yahoo employees may show up for work for the last time, expected to lay off. we have the details on that. >> this was devastating for morale. 11 days outside of christmas at this point. this was the fourth major lay off for yahoo in the last three

years. this was death by a thousand cuts. it's difficult to go to work in a place where you could be next. many workers have left for hot new start ups like twitter and facebook. yahoo had more than a dozen executives leave. we booked interviews with vice presidents to have them leave a day or so before our appointment. the "wall street journal" said this morning another 400 to 600 could be gone from yahoo. the good news is as you know there other companies that are just hiring like mad. google has been hiring like crazy. there is a premium on talent. google has very, very high levels that they are looking for. ph.d.s and that kind of thing. there a lost jobs out there. a lot of these other companies are doing pretty well. >> interesting. >> shift from one place to another. >> if you are lucky. >> inmates are not exactly santa's elves. they are definitely on the

naughty list. they make hundreds of toys for needy kids. inmates from the correctional facility in santa clara county plan to property the marines with 400 toys for the toys for tots program. they made them by hand in a wood shop class. >> the army striking back against a pesky enemy. they dropped most fried foods and desserts and soda. for breakfast, the bacon is out. french toast is whole wheat and the donuts are done for. for lunch and dinner they are given fruit instead of cake. they should have the freedom to eat whatever they want, some say, but army leaders say that freedom is a cause of over weight trainees. >> that's the problem i have. donuts, that's personally one of my favorite things to eat. >> hopefully it changes the culture. the fast food and the o food

group, the nachos and doritos and tacos and oreos. >> they are all looking at similar mess haulover hauls. >> an amazing discovery in china. archaeologists found a pot of soup that's $1,000 years old. they were digging in the city when they pulled out this pot. the bronze cooking vessel had soup and bones inside. it is believed to be about 2400 years old. researchers need more study, but they think it is bone soup and if it is, it will play an important role in studying the the eating habits of culture and the warring states in 475 to 221 bc. now they have to change the saying because of that. >> i like to taste that. >> southern california convicted drug dealer got better meals

while in orange county jail because of his beliefs in fest us have. >> he said he was devoted and needed kosher meals normally for inmates with special needs. it was invented by a writer on seinfeld. he got two months of better food before they caught on and threw out the reporter in court. >> i don't know who is smarter on that one. see how things are rolling. >> we will look over here and push this accident off of the roadway. we got word that westbound 580 at grand avenue, the accident that was blocking the slow lane with the crew on scene there out of the roadway, but an accident popped up. it's around westbound 80 and the maze with eastbound 580. however there is a report of something just as you are heading up towards treasure island. i haven't seen a problem, but we will follow-up on it.

i have your volume for the morning commute typical. we could have complications for the commute. we will see this slow down as you head westbound through antioch. that will slow and we will see it at about 5:30 or 5:40. they are half of what they are right now. slowing heading towards north livermore, but a 14-minute drive registering on the westbound commute and the dublin interchange is fine off of the castro valley y. another issue is the wet roads. a live shot will show you glowing lights i have been following. soupy conditions at times and tough to see with the headlights. this is the 13th floor and tough to see through the fog and mist. click roadways as well. rob has the forecast coming up. >> i live look in southern california, josh is helping to announce the nominees in the golden globes.

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>> 5:24 in oakland. you want to pack the umbrella with you. 54 degrees into san francisco. you can see parts of downtown, but we have light rain. southeast wind at 8:00 and light

rain off to the west. the same wind direction from about 10 to 20 miles per hour. for your morning commute, the rain slowly moves in and sticks around likely into the evening drive as well. up to about an inch of rain with the first system. the hilltops may get up to two inches and as we head towards the weekend friday through monday, we will see more opportunities for pretty good rain. you can see as we take you into the south bay, the light rain reeving fremont into oakland. you are seeing the light rain and more rain across the north bay and quite a bit off to the north of the bay area. spilling southward and once this system gets out of here, more systems stacking up behind it. hour by hour, that was your evening commute in the south bay and things clear out towards this time tomorrow morning. if you are heading to the

sierra, a winner storm warning and likely throughout the weekend with the snow flying. heavy rain and snow and things ease off around the sierra. bay area temperatures mid 50s across the north bay and rain at times today. brief mid-week break and friday through monday, heavy rain at times with gusty wins. back to you. >> hollywood has just begun announcing the golden globe nominations. the best of movies and tv come together each year. among the films expected to be nominated, the thriller, the black swan. natalie portman is among the nominees for best actress. i believe these are live pictures of the podium where they are in the process of making those announcements. the facebook-inspired film the social network is a contender for best drama and could be in the hunt for best actor. another could be james frankel

for 127 hours that. is based on the true story of a hiker forced to cutoff his own arm to save his life. the man to beat in the king's speech. apologize for bouncing around. none of which we have seen. that's okay. we will have more of the golden globe nominees coming up. we will continue to follow that for you. >> this man turns down $38 million in the blink of an eye. chstmas.so merryrichs.stma a grinch paying a visit to a bay area neighborhood. lotion. nothing feels like it, smells like it, heals like it. gold bond. this stuff really works. ♪

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new this morning, people in the east bay say laws designed to keep them safe against gangs do no good. what they want instead. good morning. fedex is processing their busiest shipping day ever here in oakland. in case you missed it, we have dates you need to know before christmas. >>. >> a live look outside and the rain falling across the bay area meaning you need to give yourself extra time before you head to work this morning. we will check on that and the top headlines. it's tuesday, december 14th, today in the bay. good morning, everybody. thanks for joining us. >> it is 5:30 right now.

let's get started with a look at the rainy forecast. he explained hair spray rain. >> it's heavier than that. spray bottle rain. not the aerosolized. hour by hour with the rape drops flying, the numbers are not going anywhere. typically the warmest time of the day, still in the upper 50s. clouds spilling in and rain as part of the commute already. from the santa clara valley to the peninsula and heavy rain on the way. look at that and the in a few minutes. >> another warning for parents after yet another shocking attack on a young child in a public store. an 8-year-old girl was sexually assaulted in a wal-mart and 29-year-old carlisle assaulted that little girl as she was shopping with her family. police said he grabbed her in

the toy section. good samaritans are being credited for preventing him from getting away. a man attacked the suspect and kept him until police could arrive. >> if i hadn't been there, he would have rolled. he would have been gone. wal-mart is very busy. you have a lot of people that are going about their business and thins happen like that. you just have to be prepared. >> investigators say is only took a few seconds. he is not a registered sex offender, but has prior arrests for parking ticks and making a terrorist threat. >> 5:32 right now and neighbors angry over gang injunks will show up in force at a city hall meeting tonight. the attorney wants to file gang injunctions throughout oakland. injunctions are designed to stop a gang from gathering in certain parts of the city. they are supposed to make those parts of the city safer, but

neighbors say it doesn't work. why they want to prioritize funding injunctions over services they say would target the root cause of violence. the meeting is at 5:30 at oakland city hall. >> packages are keeping shippers busy. the fedex hub is processing and packaging more and more these days. the busiest day in company history. christie shith is live in oakland with the spike in shipments this year. christie? good morning. we are seeing that spike in action this morning. this is the oakland hub for fedex. basically anything that you ship along the west coast comes through where we are standing here near the oakland airport. you have to watch your step because these workers are moving. if they are not, they are waiting for the next shipment to come in. you can see the plane in the

distance that just landed and is off loaded this morning. five planes and eight of them going out. we shot new video of all those boxes just off the plane. that came in earlier was sort and put into a truck in your neighborhood later today. a lot of fedex hubs near the holiday, they hire extra help, but not here in oakland. regular workers pick up extra shifts around the holidays on this busiest day. fedex is shipping around 16 million packages, up 13% from the previous. >> we are seeing a lot of electronics and small packages that come through this year. >> most important for you if you still have packages to ship by christmas, the deadline for fedex ground is december 17th, friday.

the deadline for fedex express is december 23rd which is next thursday. i asked them what about the ultimate procrastinators, will you be delivering on christmas day? they said absolutely not. you will have to deliver it yourself. that's the latest from here live in oakland, christie smith, today in the bay. >> thanks a lot, christie. >> a grinch is busy in the east bay. police are looking for thief who is ripped off from four homes in alameda over the weekend. they are all on thompson avenue better known to those who live nearby as christmas tree lane. beautiful out there. setting up the display has been a tradition on thompson avenue for decades. residents are asking anyone with information on the thefts to call alameda police. >> a pitcher said thanks, but no thanks to the york yankees. cliff lee turned down a six-year $138 million contract for one

worth less money. the pitcher is going to sign a $100 million five-year deal with the phillies, the team he went to the playoffs with in 2009. giants fans will remember lee. he went head to head with tim lincecum with the rangers and lincecum won the battle. thousands of bart riders can find out they can no longer use smart cards to pay fares. they are phasing out the cards and asking them to switch to the new clipper cards. earlier as many as 8,000 riders were paying with easy rider cards despite the letters, e-mails and other notices about pulling the plug. they will block the use at stations this morning and block all of them at all stations by december 22nd. >> time now is 5:36 and time to check the commute with mike. >> good morning. you are talking about bart and the status update. three trains running and get the clipper card.

you have a few weeks before you can't use it at all. i found the reason for the slowing around greenville. an accident moved to the shoulder. once you kick it off, you will not get relief especially on a rainy tuesday. 20 minute drive registering on the drive. the slowing before you get to north livermore as you jump on, you have a nice break there. antioch we have the slowing westbound. typical because of the volume of traffic right on schedule and a live look at the bay bridge. we have wet roads and misty conditions and the lights are reflecking off the pavement. >> further south into fremont and light rain and rain on the approach spilling towards san jose. plan on rain for the morning commute. rain moving in through 8:00. rain off and on through lunchtime and looks like it will be sticking around through the south bay commute. as things start to shut down in terms of rain, the temperatures eventually getting into the 50s

for the afternoon with more rain on the way into the upcoming weekend. >> golden globe nominees are being announced. we have been showing you throughout the course of the morning. that is still going on. we heard the smaller categories a few moments ago. >> the big ones will start coming down now. taking a live look in hollywood where the golden globe nominees are being announced. >> about 30 seconds away from happening. we can tell you that the 68th annual golden globes will be shown on nbc. these are the nominations. the show is in february. i like the officials. >> january 16th. usually they are the precursor as to who will be nominated. >> let's listen. >> the nomination announcement for the 68th annual golden globe awar awards. here to reveal these nominations, please welcome blair underwood, josh did you mall and katy holmes.

blair, you are up first. >> thank you. best performance by an actor in a mini series or motion picture made for television. luther. ian shane, pillars of the earth, al pacino, you don't know jack. dennis quaid, the special relationship, and edgar ramirez, carlos. best performance by an actress in a mini series or motion picture made for television. hayley ath well, pillars of the earth. clair dames, temple -- judy bench, return to cranford, emma and jennifer love hewitt, the client list. best performance by an actress in a comedy or musical. annette benning, the kids are already. ann hathaway, love and other

drugs. angelina jolie, the tourist. julian moore, the kids are all right, and emma stone, easy a. best performance by an actor in a motion picture, comedy or musical. johnny depp, alice in wonderland. johnny depp in the tourist, paul in barney's version. jake jillen hall, love and other drugs and kevin spacey, casino jack. >> best performance by an actor in a supporting role. christian bale for fighter. michael douglas, wall street, money never sleeps. andrew garfield, the social network. jeremy renner, the town. jeffrey rush, the king's speech. best performance by an actress

in a supporting in a motion picture. amy adams, the fighter. heleny bonham carter, the king's speech. black swan. melissa leo, the fighter. jackie weaver, animal kingdom. best performance by an actionor in a television series drama. boardwalk empire. brian cranston, breaking bad. michael c. hall, dexter. john hamm, mad men. hugh laurie, house. best director in a motion picture. darren -- black swan. david fincher, the social network. tom hooper, the king's speech.

christopher nolan, inception. david l. russell, the fighter. best motion picture comly or musical. alice in wonderland. burr link. the kids are all right. red. the tourist. >> best television series drama. boardwalk empire. dexter. the good wife. mad men. the walking dead. best performance by an actress in a motion picture drama. halle berry, frankie and alice. nicole kidman, rabbit hole.

jennifer lawrence, winter's bone. natalie portman, black swan. michelle williams, blue valentine. best performance by an actor in a motion picture determina. jesse eisenberg, the social network. collin first, the king's speech. james frankel, 127 hours. ryan gossling, blue valentine. mark wahlberg, the fighter. best motion picture drama. black swan. the fighter. inception. the king's speech. the social network. thank you.

>> let's give a big thank you to blair, josh, and katy. >> black swan, fighter, inception, the king's speech and inception. >> some more for you coming up. more news in a moment. [ male announcer ] how do you say...

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>> welcome back. it's 5:46 right now. depthists have used a filling to prevent decay. the fda is looking into whether they are safe since they contain mercury. tracie potts is live with the latest for us. good morning. >> laura, good morning.

50% mercury in the silver fillings. we have known that for sometime. mercury is toxin that has been linked to alzheimer's, nervous system problems and the fda for the second time in two years will be taking a close look at the effects on women and children. there have been studies that found that women with silver fillings can pass it through the placenta on to the fetus. there have been government-funded studies that found no harmful effects on children. they will take a look at all of this information to determine if last year's ruling that the silver fillings are safe still stand. this could be a particular problem in california because only 20% of californians on public water systems have flouride in their water. it's an fda advisory panel that lasts through tomorrow. at some point later, the fda

will decide whether or not to change the ruleing for last year. i'm tracie potts. back to you. >> thanks for the latest, tracy. >> it can prevent cavities in the first place. a lot of people assume that the tap water has flouride added, but that's not necessarily the case. especially in california. today in the bi's chris sanchez is live in los altos with the fuss over flouride. >> reporter: good morning, brent. a lot of folks think what's the big deal? the big deal is that had t has to be added in though it's naturally occurring. that's the discussion that will be happening here. no vote. just a lot of information. they are considering whether to add up to 1.2 parts per million credited with the decline in tooth decay. they get their water from the silicon valley water district that don't add flouride.

about 70% have flouride in the water, about but only 30% have access to the water from their public supply. the pros are a decrease in cavities by strengthening the enamel on the teeth. one in three children are starting kinder garden with cavities according to the santa clara county supervisor who is leading the charge. a review in 2000 found a 40% decrease in the number of cavities by adding flouride to the water. too much flouride can stain the teeth which is not harmful, but it's permanent. a lot of folks don't like how it looks. while flouride increases bone density, it doesn't reduce the risk of fracture. in overflouridatiooverflouridat required to put it in the water supply when the money is

available. it has not been available in a lot of communities and the debate ended there. there is a public trust aiming to raise the 4.5 to $9.4 million it would take to flouridate the water. if you want to come to the session, it's ax:00 here at the council chambers. chris sanchez, today in the bay. >> appreciate it. >> 5:50 and time to check the commute with mike. >> we are seeing slowing westbound 580. that's the commute through livermore. an earlier accident around north greenville that caused a big back up out of the pass. we have the slowing that shows up. the travel time is moved to about 15 minutes and start to increase. 18 to 20 minutes out of the pass through central livermore and over towards that dublin interchange. an updated location with eastbound 580 at seminary, the connector has lane blocked and a

live look at oakland with the misty and wet conditions. we have rain coming through the area from time to time. it getz heavy at times. >> more than just heavy drizzle this morning. let's not ignore that. into the east bay hills, 880 into hayward. now starting to see the rain around the bay bridge. it's going to follow you down the sunol grade into san jose. we have rain moving into downtown. light rain for now and we think more substantial rain with stronger systems coming in later this week. today keep the umbrella with you and highs in the 50s today. not too cold, but breezy and a little damp at times into this evening. we catch a break tomorrow and then wetter and stronger systems arrive for the weekend. plan on the rain sticking around. >> have to get the last minute shoppers. washington's compromise to extend tax breaks could be in the final stages. senate democrats and republicans

passed president obama's tax plan. the deal extends cuts for both the middle class and the rich which would have expired in january it. also keeps checks flowing through the unemployed. it drou praise through the white house and no one is completely happy with the deal. >> both parties can work together. >> i'll vote for it, but it's not what the people said they wanted done on november 2nd. >> i held my nose in many ways. very expensive. there is goodies in there i'm not pleased about. >> the senatate final vote can happen as early as today. in the house where compromise could be a lot more difficult. >> america's neighborhoods are more diverse. new census information shows integration in a her level than at any other time. the shift came as the rising black middle class moved into white areas in the south and

west. segregation among blacks and whites fell at about 3/4 of the areas. they are expected to be reinforced with new data out today on race, migration and economics. >> house speaker to be john boehner might want to hold back the tears in front of the ladies of "the view." during the hot topic segment, they discussed the congressman's appearance on 60 mondays where he repeatedly held back tears talking about growing up with 11 brothers and sisters and the pride his wife had seeing him become the next speaker of the house. they said he has an emotional problem. >> michael jackson lives on in a new album ready to hit shelves today. the michael album is being released against the wishes of his estate featuring the number of tracks performed with 50 cent and rocker lenny kravitz.

he died last yaoer in his rented home in los angeles. california is looking for more money out of the jackson estate looking for $131,000 in tax penalties. the franchise tax board filed a claim for over $1600. it includes interest and penalties own owed for the 2009 tax year. >> it's a good neighbor for communities and plans to highlight accomplishments later on today. chevron will announce seven grants totalling more than $1 million to richmond nonprofit organizations. groups that benefitted are the latina center and the strit center and catholic charities. they will hold a news conference at 10:00 this morning. here's a neat story that will get you into the spirit. a good samaritan has been randomly handing out christmas cards with up to $50 inside. pacific grove is a buzz over the

person's generosity. 11 people have received the cards. the gifts typically include between 10 and $50 with suggestions on how to spend the money like charity or a locally owned restaurant. the real life santa typically wears a red baseball cap and sunglasses. >> makes you run to the mail. the red carpet will roll down and the museum is getting ready to welcome the 2010 inductees into the california hall of fame. eight inductees will be at the event. they include movie music icon barbara streisand and betty white. tennis champ serena williams, mark zuckerberg and james cameron. merle haggard, george shuttle and kevin star will be honored. 18-year-old sarah williams will receive a special honor. she will be recognized for creative kindness campaign that crafts blankets for kids in the foster care system.

they are all winners, but one has to be the biggest loser. tonight we find out who gets the title in the season finale. if you are looking for someone to root for, maybe go for the hometown favorite. ada from san francisco, she and two others have a chance to win $250,000. the transforming as and celebrations at 9:00 here on nbc. stay with us for the news at 11:00 at the hoopla. >> there a lot of lists out there. this year they are the eat this not that list of worst restaurant foods. when it comes to mexican, the eat this not that team said the most unhealthy food is baja fresh's char broiled steak nachos. they have more than 2100 calories. 118 grams of fat and almost 3,000 milligrams of sodium. eat this not that said the worst breakfast is at i hop. it's the big country breakfast

with chicken fried steak and country griffey weighing in at more than 2400 calories and 145 grams of fat and more than 5500 milligrams of sodium. topping the worst food in america, i bet it's tasty, but not healthy. cheesecake factory's bistro shrimp pasta with 2700 calories, 78 grams of saturated fat and 141 grams of carbohydrates. >> fish is good for you. >> it is, just not smothered in gravy. >> a rude awakening and the latest on the overnight rumbler. >> the hall of famer is lining up to get a piece of the action if the team moves to the south bay. the plans for a financial touchdown. >> you may want to pack tuna in your luouldee kpou yit could ke healthy. we will explain. hey, guys !

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