f. you have a warm coat, put it on before you head out the door. a live look outside at the bay bridge on this wednesday, december 7th. this is "today in the bay." good morning to you. thanks so much for joining us. 5:00 right now. i'm laura garcia-cannon. >> good morning, i'm jon kelley. time to check in with meteorologist christina loren. a cold start to the day. as you say, it gets nicer as we go. >> it certainly does. you know, that's the beauty of living here in the bay area. we have to deal with some cold weather. sometimes we have fog. not this morning. it's frost that we're concerned about. that's mostly up in the north bay where your temperatures are below fleasing in many cities. at 31 in santa rosa, 30 in napa. more mild than this time yesterday. you hit 26 degrees yesterday in napa. as we head through the next couple hours, we will drop off in temperature. we've got a gorgeous day to look forward to. i think you'll see the 60s in

your city. that's a good guess because most cities will. a little change on the way. we'll take you through that forecast. mike has an area to be concerned about this morning. >> focusing on 5850 through livermore, eastbound, opposite the commute direction. at this time of the morning no slowing in either direction. chp and the coroner called to an accident that happened about 2:30 in the morning, eastbound 580 at the first spring town exit there. that's off the roadway. a lot of activity will be building as the coroner arrives to do the investigation. we don't have many details on this. i will report them to you as it affects your day. it is game over for now as time has run out for the protesters occupying justin herman plaza near the ferry building. san francisco police raiding the camp earlier this morning forcing occupiers out. "today in the bay's" christie smith live in san francisco with more on this story. good morning, christie. >> reporter: good morning. most of the police activity is on the other side of the plaza

on market street. police largely backing out, have been here since about 1:00 this morning. if we can pan over here, what's happening in the plaza is that public works crews have basically been cleaning up and dismantling a number of tents and other things at justin herman plaza. more than 50 people arrested is what the police chief is selling us. i spoke with the police chief and he says that demonstrators stopped communicating with the mayor's office leading up to this, so the decision was made to move in tonight. the police in riot gear came to justin herman plaza about 1:00 in the morning. they said there were about 100 people here, about 50 people left on their own. i spoke with one comment straighters who said she was out here for a month and was arrested overnight and released.

>> an announcement that we had five seconds to get out. i did that. i packed my stuff and started to walk out. say they said go that way. i walked this way. i said can i walk out? and they said no. >> reporter: now, the chief says that two officers were assaulted when someone threw metal chairs at them. fortunately they had their helmets and riot gear on so they're okay. demonstrators, at least one of them said she saw a couple protesters being roughed up. we personally didn't see that. one of the concerns of the demonstrators at this point is they want to get their stuff back. the chief is saying the department of public works is going to separate the trash from people's belongings and people's belongings will be at the public works department and they can go there and pick it up. they also told me that they've got some homeless services out here for people who need it. that's the latest from here reporting live in san francisco,

christie smith, jon and laura, back to you. 5:03 right now. police arrested a second man in connection with a weekend purse heist. vigilante shoppers thwarted the robbery on saturday. detectives got a trip and tracked the car to the rental car area on monday. they found 51-year-old roger phillip marsh returning the car and arresting him. the night of the heist police arrested 42-year-old brian black of oakland. officers are still looking for at least two other people. >> the girlfriend of the man accused of running down a cal firefighter on thanksgiving day will be in court. alisa tejada being arraigned as an accessory to the crime. prosecutors say she tried to cover up the crime but won't say why. her boyfriend is charged with running over albert barthal at a gas station. he was apparently upset after

getting into a fight with bartah at a jack-in-the-box. he suffered a severe head injury during the attack. california is joining forces with nevada in an investigation into the nation's mortgage crisis. both states want to hold lenders accountable for the rise of foreclosures and predator lending practices. the state attorney general carmela harris pulled out of settlement talks with big banks in october. the proposed $20 billion settlement falls short and leaves too much immunity for bank executives. california and nevada are two of the states hit hardest by foreclosures. it's 5:05 right now. voters in one east city will get the final say on fighting childhood ab beesity. charging a penny per ounce soda tax on the ballot. money generated could go towards anti-obesity taxes. some opponents say drinking soda

in moderation could be part of a healthy diet. a board delayed a vote yesterday saying enough hasn't been done to let small businesses know about the proposal. they also delayed a vote last month. if passed, customers would charged ten cents for each bag used. the plastic bag ban would expand to all businesses. supervisors will look at tissue again on february 7th. today marks the 70th anniversary of the japanese attack on pearl harbor. ceremonies planned around the nation to commemorate the 1941 on the u.s. naval air force base. right here in the bay area, commemoration also begin in a couple hours. at 9:00, a pearl harbor remembrance ceremony and wreath laying ceremony on coast guard island in alameda. at 1:00 a special ceremony aboard the "u.s.s. hornet" air

carrier. an eyewitness to the attack will xw the guest speaker. at 3:45 they'll light the summit beacon on mt. diablo. it was extinguished in 1941 after the attack on pearl harbor. it's lit one night a year, december 7th. more than 2,000 american servicemen died in the pearl harbor attack. 5:07. you'll want to bundle up before you head outside this morning, more cold weather in store for today. some parts of the bay area will reach freezing temperatures in shelters around the bay area have been preparing. damian trujillo is live in share with more on that. >> reporter: it's weeks like this that make you realize how important shelters like this are for the entire bay area. it's not at the freezetion point here in san jose. but it is cold. only standing outside for about 15 minutes. you feel it on your fingers and on your toes which is the reason st. james park is virtually vacant this morning in downtown

san jose. we shot this video about an hour ago. we only found a few people sleeping on park benches. saint james park in downtown san jose is popular with the homeless. the city of san jose conducted its first ever homeless census this year. it found that almost 11,000 individuals experience homelessness every year in the city of san jose alone. one-third of them are female. here is what's really disturbing. 126 of the homeless were children under 18. for those of us who are lucky enough to have a home, today is now a spare-the-air day. that means you can't light up your fair place today even if it's frigid. it would make wood smoke pollution rise to unhealthy levels. at around 4:00 this morning, we're driving around downtown san jose, caught a couple dozen people meandering, walking around downtown, obviously cold, but still surviving the

elements. we'll talk to the director of the shelter at envision at about 6:00 this morning to see what they're doing to provide shelter for the homeless. we're live in san jose. damian trujillo, "today in the bay." time to check back in with meteorologist christina loren. she says to make sure you keep the top of your head wrapped. >> very fashionable this morning. we're looking good. 70% of your heat actually escapes from your head. if your feet get cold, they say put a hat on. always a good idea to put a beanie on when it's this cold. the reason why is we have this area of high pressure keeping things nice and clear and really calm winds yet again this morning, making for a very, very cold start with temperatures below freezing in many cities across the bay. we had a pretty good amount of frost right here in san jose yesterday where we didn't even hit that freezing mark. as you wake up this morning, make your way out the front door, make sure you're bundled

up. temperatures really mild later today after we get through these freezing cold conditions. after about 9:00 a.m., all cities across the bay should be above the freezing mark. we stop the clock on your futurecast at noon, everywhere in the 50s. wheel round the day with 61 in livermore, 62 in redwood city and 60 in san francisco. 5:10 a.m. still looking pretty cold out there. we'll drop off for an additional hour. we'll keep watching the lows for you. we could break another couple records. first, let's get you out the front door and see if there's any improvement in livermore with mike. >> we'll start with the update for westbound 80 off the carcinas bridge. we have some accident activity there as you're traveling over towards willow avenue. the accident still has one car in your middle lane as you're traveling through the area heading over towards highway 4 in hercules. we also have the accident that christina is talking about eastbound 580. that's off the roadway at first

street. no update from chp. there's still a cruiser there. there was a deadly accident overnight, about 2:30 in the morning. still waiting for the coroner to get there. lanes are not affected. lives affected by this. westbound commute direction no delays. we're looking at the snij crossing the water. a smooth drive over the water as well as things are moving nicely. we'll get that guys in the next report. the nba schedule makers being extra nice to warrior fans this holiday season or maybe extra tough depending how you look at it. serving up high-end home games. according to the scheduled released just yesterday, fans can see miami heat and boston celtics, defending champs dallas mavericks will be at oracle arena twice this season as will the l.a. lakers. the shortened season starts on christmas day at oracle versus the l.a. clippers. >> the holiday season will be

less than sweet for military families. pa tag leah farms taking part in a program teaming with fedex to deliver donated trees to troops and their families. the trees are donated by growers and customers and sent to military families abroad and stateside. this year the farm is shipping out its 100,000th tree. we took the kids there this weekend. it's great place and they do so much for the community. >> sounds like you had a great time. >> we did. 5:12 right now. a new warning this morning about an elaborate scam targeting the elderly. an east bay neighborhood on alert after a woman is sexually assaulted. a gilroy native signs one with the houston texans. it's a name you might recognize. details next. non-drowsy antihistamine ast, plus a powerful decongestant. [ woman ] after allegra-d, i have it all.

is there a prize in there? oh, there's a prize, all right. is it a robot? no. is it a jet plane? nope. is it a dinosaur?] [ male announcer ] inside every box of heart healthy cheerios are those great tasting little o's made from carefully selected oats that c help lower cholesterol. stickers? uh-uh. a superhero? ♪ kinda. [ male announcer ] and we think that's the best prize of all. ♪

vrnlths welcome back everyone. a dark hp pavilion. last night the sharks go down to the visiting minnesota wild 2-1. the time is 5:15. >> it's okay. it's okay. we'll check in with christina loren. not as cold today as it was yesterday. >> not noticeable. >> just about as cold. the national weather service decided for whatever reason not to issue a frost advisory or freeze warning. temperatures are running just about as cold at this hour as they were yesterday. in some cities, just a touch warmer with the additional wind. but really not an impacting cities inland. want to point out what's happening out there. it's completely clear yesterday again. no fog. that fog actually tends to help

us out when it comes to overnight lows trapping in a little daytime heat from the previous day. this morning with all that heat, it rate aets out into the atmosphere. 31 in santa rosa. 36 in sunnyvale. overall, just about as cold as it was yesterday morning. we'll see another gorgeous afternoon. air quality suffering a little bit more in the north counties. spare-the-air, an alert. that alert is in effect from santa rosa through fairfield this morning. you want to keep that in mind. it is illegal to burn up there. as we head throughout the day today, it will stay nice and cold as high pressure sits and keeps things nice and mild for us. as we head throughout the day, temperatures are going to be in the 60s with the dome of high pressure not bundling as we head through the next 24 to 48 hours. that will keep conditions similar to where they are right now. let's check your drive with our own mike inouye. >> let's take you to the south bay where we're looking at the speed sensors looking at a nice

speed limit. we're also watching this, 880 between old bayshore highway and 280, typical construction zone. crews expect to be near the bascom off-ramp as well as alameda until about 6:30 this morning. some debris is reported in milpitas, southbound at dixielanding road. sheets of metal in the middle of the roadway. watch for a break out of the area out of fremont towards 237. we're also following this accident westbound 80 off the carcinas bridge. sounds like one lane still blocked by a two-car noninjury accident. they will be slowing as they approach highway 4. livermore still following eastbound 580. at first a deadly accident overnight is out of lanes, but the investigation continues. an easy drive out of the altamont pass. we'll move to the san mateo bridge. a clear crew crossing the water.

back to you. >> still looks good to me, mike. amazon.com paying you not to shop? that is the deal. for details on that, we return to brian shactman live at cnbc world headquarters. >> good morning. a fascinating story. i'll get to it in a second. i want to point out futures have slipped a little bit. we're basically flat to slightly lower at this hour following a second day where the markets really failed to hold on to gains. investors continue to focus on europe. reports say the leaders there are talking a about creating two separate bailout funds to contain the region's debt crisis. u.s. treasury secretary tim geithner on day two of his european vacation, meeting with french president nicolas sarkozy in paris ahead of friday's eu summit. the dow was up 52 points tuesday

to 12,150. "the new york times" deal book is announcing jcpenney is buying a 16% stake in martha stewart living on the media. the deal joins the two brands trying to rebuild. jc penney brought ron johnson from apple to be the new ceo. ma that stewart living posted losses in eight of the past ten quarters. the reporhere is the amazon sto. they might give you cold hard cash if you walk out of a store empty-handed. the report is amazon will give people off to $5.00 off purchases if they use the price comparison app in stores. the promotion will start on saturday. the move is causing retailers to sweat this one out, looking increasingly as the stores are

showrooms, they check out the merchandise, go home and buy it online. this is the time of year where five bucks in holiday season, that means a little small gift for somebody or wrapping paper. a lot of people might follow on this one. >> it definitely all adds up. brian shactman, thank you very much. it's 5:20 right now. police are looking for a man accused of sexually assaulting a woman in oakland. the attack happened while the woman was walking on 91st avenue in east oakland on sunday. the woman says the man approached her and sexually assaulted her. she was able to run away and get help. police offering a $2500 reward for information leading to an arrest. they're also working on a suspect sketch. a new warning this morning, a con artist targeting elderly victims at san francisco banks. this is the man to look out for. investigators say he pretends to be a bank manager and calls victims by phone and meets them outside their bank. then he tells the victim he's

investigating employee theft and convinces them to go into the bank and withdraw thousands of dollars. if you recognize this man, you're asked to please call san francisco police. former 49ers and san jose state quarterback jeff garcia making a return to pro football. the 41-year-old signd with the houston texans. garcia will be the number three quarterback behind rookie t.j. yates. he was the last quarterback to take the 49ers to the play-offs back in 2002. >> now heading back in 2011. the time is 5:21. coming up, barry bonds asking a judge for len yeen see. a popular attraction in the golden gate park getting a population boost. the new look at the apple headquarters in a app that john will really like coming up. [ mom ] hey guys.

guys... [ female announcer ] pillsbury cinnamon rolls with cinnabon cinnamon are an irresistible sunday morning idea. nothing calls them to the table faster. sunday morning ideas made easy. [ 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. guys i have more. [ female announcer ] do you have enough crescents?

5:23 right now. barry bonds is asking a federal judge to throw him a soft wall. the home run king is asking for probation. the 47-year-old giants legend will be sentenced next week for his conviction earlier this year on one count of obstructing justice. in court papers filed yesterday bonds argued he should not receive prison time because he has no criminal past. bonds' conviction stems from his grand jury testimony in the steroids case. one specific area of san francisco's golden gate park is getting more crowded these days. seven female baby bison were trucked in on monday from a ranch in redding. the 6-month-olds separated from the current lettered. handlers trying to make sure both groups are comfortable with each other. an official welcoming ceremony will take place next year. apple hasn't even built its

new headquarters, and already it's getting an upgrade. scott mcgrew joins us. sounds a lot like apple. >> when you settle on one, they come out with version two. >> apple and the city of cupertino have developed plans for the main headquarters using new and much better drawings to show what it may look like, some of the drawings here. the pictures are very detailed. the website is under strain this morning. you saw it rear first, hit the apple app store. millions have downloaded flip board for ipad. now a different version for the smaller screen. >> we created something very special called cover stories. it's one place where you can quickly check in on things interesting, happening across your social networks and.

>> now add flip board to your iphone. it's been a year and some coming. now you got it. >> scott, i do follow what you say coming to these things, i already have flip board on my iphone. i did it before coming to work this morning. >> it's great having scott mcgrew around. >> get all the tricks and inside stuff. stim to come on today in the bay, the woman accused of skimming drugs from a bay area crime lab is headed back to court. positive news on the bay area job front. details in a live report. another good looking day shaping up. we've got to get through a really cold morning first. we'll tell you what the temperature is in your city this morning. might be below freezing. your forecast on the way. a busy morning already. watching the roads and the rails. bette gettianngd setandoe ar getting s slower. we'll have the latest coming up. o

new this morning. we'll soon have an update on the recovery of the young boy shot in the head in west oakland. also a live look at occupy san francisco which was raided just hours ago. we'll have the latest details coming up. >> reporter: i'm damion trujillo live in san jose where homeless shelters like this one are providing respite during this cold spell. that's coming up. a live look outside hp pavilion in san jose. it's wednesday, december 7th. this is "today in the bay." good morning to you and thanks so much for joining us. 5:29 right now. i'm laura garcia-cannon. >> good morning. i'm jon kelley. time for a check on your commute with mike inouye. >> we're following the accident in livermore, the deadly

eastbound, underneath the first spring town exit. all activity starting to clear from the scene. chp has cleared and the tow truck moving as well. this was always out of leans but a distraction. the westbound commute starting to build, and b.a.r.t. filling up. we have delays at the macarthur station, ten minutes heading over to sfo or to fremont. both the orange and the yellow lines are affected right now. christina, it's cold out there. if you have an outdoor station, bring a jacket. >> bring a jacket. if you have little ones headed to the bus stop this morning, make sure they're bundled up. yet again, temperatures running just about as cold as yesterday. 32 at napa. freezing in livermore. san jose is at 38 degrees. but our own damian trujillo is live on the streets of san jose. you know when it gets this cold out there, it gets difficult to talk at times. so how are you faring this very cold weather this morning? what does it feel like out there? >> reporter: i heard you making fun of me at 5:00.

so i decided to cover the rest of my head and screw the fashion statement. i'll keep my head warm for this one. it's during cold weather days like this, places liken vision become crucial for all the homeless who are out there. you begin to realize how important it is to have them around. we shot video earlier this morning, we went out at about 4:00 this morning. even though it's not freezing this morning. it's still cold. we spotted just a handful of people sleeping at st. james park in san jose. the park is popular with the homeless. it seems many are eethr in the shelter today or they sought cover under a bridge. the city of san jose conducted its first ever homeless census this year. it found that almost 11,000 individuals experience homelessness every year in san jose. that's a 21% increase from only two years ago. and one-third of them are females. here is what's really disturbing. 126 of the homeless were children under 18. that's in 2011, this year. for those of us who have a home,

we also have some restrictions today. the bay area air quality management district has declared a spare-the-air day. that means no wood burning today because the smoke pollution would reach unhealthy levels. we'll talk to the director of the envision shelter here in san jose and see what kind of a service they're providing for the homeless and make sure if they do come indoors that they're well taken care of. live in san jose, damian trujillo, "today in the bay." >> damian, they weren't making fun of you, just protecting you. san francisco no longer occupied this morning. police pushed occupy sf protesters out of justin herman plaza overnight. this is actually a live look at the scene this morning. public works employees have gone through the camp and trying to clean up garbage and gear found out there this morning. the police chief says communication between city leaders and occupy protesters broke down this week and the cam was becoming a safety hazard.

we have a crew live on the scene. we'll bring you the latest updates. a lot of activity continues this morning. that live update coming up in about half an hour. 5:32 right now. the parents of the 1-year-old boy shot in the head in west oakland expected to talk about his treatment some time this morning. hiram lawrence remains in critical condition in oakland's children's hospital. the little boy was injured on november 29th when three men opened fire right into a group in a parking lot. his relatives were told by doctors last week he was not progressing. they are unable to agree right now on how to continue to care for the baby. >> meantime hiram's family came face to face with one of the shooting suspects a few days after the attack. the chronicle reports the man was at children's hospital when he was spotted by the baby's family. they apparently attacked him at that point. when police arrived, they arrested him on the scene on unrelated charges. officers say he is a person of interest in the shooting.

at this point police won't say why none of the family members who beat him up were arrested. a south bay cheerleading coach faces charges this morning. 23-year-old anthony loza remains in jail following his arrest on sunday. loza is a cheer coach at andrew hill high school and at energy athletics practice gym. prosecutors say they know of one victim and they're asking other possible victims to call san jose police. the technician accused of stealing cocaine from the san francisco crime lab is due in court some time this morning. deborah madden expected to be arraigned in a federal court. the san mateo women accused of skimming cocaine from evidence in 2009. the state tried to charge her with a crime but failed to gather enough evidence. she quit her job before supervisors began to suspect she was stealing from the job. a new report show it is

south bay leads the country in job growth. "today in the bay's" bob redell joins us with the details. does it mean we could see another job boom? >> no, sir necessarily, laura. good morning to you. our economists aren't calling this a job boom, more of an upswing, another sign that the bay area son its way towards an economic recovery. later today, the ucla anderson forecast will release a report showing the south bay job market, covering san jose, sunnyvale and santa clara grew by 3.2%, the fattest growth in the country, almost three times the national average with houston at 3.1% and seattle at 2.3%. the tech industry is leading the charge in this burst of hiring. what makes this difference than the dot com boom and bust, instead of being led by the dot coms of the early 2000, it's led by industry heavies like apple,

linkedin and facebook. they predict it will spread throughout the other eight counties in the bay area. the east bay is only seeing growth of .1%. statewide unemployment is still at 11.7%. experts predict that number will improve, dropping the the 10% range by 2013, still not seeing single digit unemployment until 2014. very good news here in the south bay, especially in the state. much improvement still needed. jon, laura? >> good to see for us in the south bay. thank you very much. 5:36. time to check back in with meteorologist christina loren. >> a lot of good things happening in the bay area including our forecast. we've had a pretty mild start to the month of september. notoriously known as a wet month around here. we have active weather on the way as we start out next week. that will probably last throughout the workweek. this week looking good. we'll stay nice and dry through

the weekend. temperatures are cold. make sure you're ready. oakland 43. below freezing in santa rosa. 38 degrees in san jose. expected to drop off. the coldest point of the day is just after sunrise. that was the furthest point from when the sun was last warming us up. that's where we'll be the coldest. as we head throughout the afternoon, we'll see major improvement. temperatures rebounding nicely under full on sunshine. want to point out something cool in your satellite imagery. the dark shading is cold, dense airheading right to the surface. as we head throughout the day and get sunshine, that will mix out quickly. by 10:00 a.m., temperatures in the mid 50s in many cities. it's the cold dome of high pressure that isn't bundling. that's going to make for similar weather as we head through tomorrow. that will continue into your friday as well. clear starts, cold starts and dry conditions making way to beautiful sunny afternoons with temperatures in the 60s. we have that spare-the-air alert

in place. you'll notice more stagnant air today, tomorrow, probably friday as well. 50 degrees in fremont. 62 in san jose. i have your seven-day outlook in my next report. let's get you to work on time with mikey. do we have problems out there? >> we have less now that a couple accidents have cleared. the one in livermore we told you about. over here as you're coming off the carcinas bridge, the activity moved to the shoulder, not enough distraction to cause slowing there. eastshore freeway moves smoothly to the bay bridge as well as the rest of your feeder roads. a lighter volume through this portion of the east bay t. slowdown builds through antioch on schedule. speeds into the 30s and maybe slower approaching and coming off the andy october bridge. no problem out of the north bay. speeds and travel times through the north bay, in fact, for 101 looking good as well from san

francisco rosa and san rafael. close to the limit throughout that portion. across the water from the san mateo bridge to 101, looking at the live shot here. look westbound a good steady flow of traffic. no delays across the water. back to you. 5:38 now t. giants dealing a fan favorite to try to get back to the world series. b.a.r.t. taking matters into its own hands and fighting back against recent copper thefts. an hds on a morning after o get pill without a doctor's prescription.

. it is 5:41 right now. a big announcement is expected today in the sale of the so-called morning after pill. today the food and drug administration's deadline is today on whether to remove age and sales restrictions on the controversial contraceptive. "today in the bay's" tracie potts joins us live in

washington, d.c. this morning with a closer look at the impact of the fda decision. good morning, tracie. >> reporter: good morning. plan brks, the morning after pill, 89% effective if you take it within 72 hours of unprotected sex. this is emergency contraception after the fact. it's been controversial. right now you can get it in the u.s. if you're 17 or older and it doesn't require a prescription, but it is held behind the pharmacist's counter. tiva pharmaceuticals which makes the pill wants to change that. they want it over-the-counter, they want teenagers as young as 12 to be able to get access to this kind separative. there have been opponents who are concerned that it constitutes abortion, it could encourage riskier teen sex. studies have opposed that. studies say we need improved access to the bill. in the past they've been pretty conservative about how they dealt with this and there are

state laws quite frankly that may limit the impact in california. for example, pharmacists can prescribe emergency contraception to people younger than that age who can't buy it over-the-counter themselves. some states have intervened to lessen what the fda has done. we expect to hear from the fda by the end of the day. today is their deadline. laura? >> thank you very much tracie. a judge will hear testimony on whether virginia tech should pay a $55,000 fine in connection with to the shooting rampage on its campus. the families of the victims and university leaders expected to testify at this hearing. the education department says the school was just too slow in notifying students and faculty of a safety threat. it says school leaders waited more than two hours after two students were shot to death in a dorm room before sending out an e-mail warning. by that time the gunman was already in the classroom where he killed 30 more people and

then killed himself. 5:43 right now. former illinois governor rod blagojevich will be back in front of a judge this morning to get his time to find out his punishme punishment. he's expected to address the court before the sentencing today. his attorneys admitted yesterday he was guilty of corruption but did not deserve the 15 to 20-year sentence prosecutors were asking for. the defense is asking for probation and worst case scenario, no more than four years behind bars. 5:44 right now. it turns out actor alec baldwin is so addicted to that cell phone game "words with friends" it got him kicked off a plane. passengers on the american airlines flight from los angeles to new york says baldwin got into a fight with a flight attendant because he would not turn off his phone when he was asked and didn't want to stop playing his game. baldwin later tweeted the attendant wouldn't let him play while the plane was parked at the gate. baldwin says he'll boycott

american. he booked another flight and it arrived early this morning in new york. >> have you ever played that game, though? it is addictive? >> kind of like scrabble? >> yes, it is, that you play with friends. 5:44 right now. >> i'd love to see you take on baldwin at that game, laura. >> i would love to. >> looking good this morning. we have cold conditions. but you know the drill. same thing as the past couple days. we'll see cold starts making way to mild sunny afternoons and one thing helping our temperatures out this morning keeping them from as bitter cold as yesterday, not by much, but by a little bit, is that wind. you see that shaking the camera from high at top san bruno mountain. really you can see from for miles. our visibility is pretty good. we have a share the air day in effect adds our air quality is suffering a little bit more. no real significant wind to mix the air around. as a result we get the

particulate matter that sets up over the bay area. unhealthy air quality in the bay area, but moderate else. as we head throughout the day, the storm track going into canada. for the most part t storm track is bypassing the pacific northwest altogether. we'll see a dip in the jet stream no. change as we head through the next couple days. patchy a.m. frost making way to mild sunny afternoons with temps in the 60s. 29 degrees, 27 in gilroy, the coldest city across the bay. 44 degrees in san francisco. don't let it catch you off guard this morning. typically at this time of the morning you are in the 50s. make sure you're ready for the cold conditions. if you're not leaving any time between now and 10:00 a.m., you can go straight to the short sleeves, a nice second half of the day. by noon, temperatures in the mid 50s. 56 in santa rosa as you break for lunch. rounding out the day in the low

60s. uniform numbers with all the sunshine coming in. seven-day outlook shows you. a little change on the way as we head into this coming weekend and monday and tuesday a few more clouds. we might see some showers. right now not that promising. we're watching for anything that could change. let's check your drive right now with mikey. >> we're watching as the colors change right here, 101 northbound at guadeloupe, i've seen for the next couple minutes the yellow which means speeds in the 50s. overall no incidents to cause any disturbance for that portion of your commute. northbound 880 we have construction crews that we know will be blocking the left lane between 280 and old bayshore highway probably until about 6:30. that's about a half hour longer than people expect if you're leaving after 6:00 keep in mind there will be crews moving through the area as well. we'll watch the 101 slowing. we know 101 along the peninsula

has no issues and a smooth drive here into san mateo for 101 as well as 280. on the east bay, looking at the slowdown build for livermore. right here things are fine through the heart of livermore. westbound out of the altamont pass speeds through north lynn road, speeds into the 50s, so it's building out of the altamont pass. b.a.r.t. system is clearing. we had delays at the macarthur station 10 to 15 minutes heading to sfo or fremont. now all trains reported on time. the bay bridge toll plaza, no problems and no delays. back to you. >> thank you very much, mike. 5:48. assembly woman mary hayashi may be in court for a preliminary hearing. the hearing will determine if there's enough evidence to try her on grand theft charges. the assembly woman is accused of shoplifting from a neiman marcus store in san francisco in october. hayashi is not required to be at today's hearing.

she's free on $15,000 bail. b.a.r.t. decided to create task force to battle copper thieves. the transit agency says a project that was supposed to speed up trains has been delayed more than ten months because thieves stole hundreds of thousands in metal. the agency wants to team up with another bay area agency to help fight the problem. one possible partner, vallejo. the city says thieves have stripped copper wire from 77 street lights and signal lights since may. because there is no money to replace the wiring, some streets, they remain dark. people in santa clara have a better idea of how the city will pay off the $850 million loan needed to bring the 49ers to town. the council crunches the numbers at their meeting last night. the plan is to use stadium revenue to pay off the loan. the 49ers say that revenue is already pouring in. luxury suite sales have reached the $200 million mark.

there there l be stadium builder licensing sales, naming rights revenue. a professor at the stanford school of business says the financing is solid and the deal protects santa clara. >> the cost overruns on the stadium are guaranteed by the team. there is no chance that the cost overruns will be borne by the city. >> the city council expected to vote on the deal next week. santa clara city manager says there's also progress being made in negotiations for parking. the giants trading away a fan favorite to try to spark their offense. san francisco traded anders torres and relieve era moan ramirez for angel pegone. the deal will be done once the players have their physicals. >> good luck to the giants on that one. 5:50 right now. coming up, a mishap for the mythbusters. how they ended up launching a

cannon ball right into some homes. food fight. one bay area city appears to have settled its food truck issue while another has new ones to d beth! hi. looking good! you've lost some weight. thanks! you noticed! you know these clothes are too big now, so i'm donating them. not going back there again. good for you! how'd you do it? eating right, whole grain. whole grain? whole grain. [ femalennouncer ] people who choose more whole grain tend to weigh less than those who don't... multigrain cheerios has five whole grains and 110 lightly sweetened calories per serving... more grains. less you! multigrain cheerios.

welcome back everyone. a live look outside. this is overlooking san francisco where police raided the occupy sf encampment near justin herman plaza this morning. now what they're doing is they're city service workers going through the camp trying to clean it all up this morning and remove any debris and separate people's personal belongings and set up a place for them to pick them up later. restaurants and building owners in san francisco's financial district want to put

the brakes on food trucks. they say the food trucks they create unfair competition. since march the city issued 16 permits to food trucks, three are on hold as they face appeals from neighbors. opponents say the food trucks need to be in an area that doesn't already have restaurants. food truck operators say there are enough people to make competition from food trucks fair. also it seems something is cooking in oakland. the city council approving a test program that will allow food trucks to operate legally on the city streets. food trucks are only legal -- legally permitted along the fruitvale corridor and those permits are long gone. with the food truck business sizzling right now, a growing number of vendors selling from the trucks in town, but it is hit or miss whether police cite them. the proposal will allow a number of trucks to gather in pods on a regular basis. the truck also be serving customers in north oakland, montclair, west oakland and the

grand lake area. it is 5:54 right now. people in one dublin neighborhood are lucky they weren't hurt during the taping of a popular cable show. "mythbusters" was taping a segment in dublin yesterday afternoon. producers were experimenting with a home made cannon trying to dispel myths of cannon balls. something went horribly wrong. one shot flew hundreds of yards over a hill, crashing through a front door, bouncing off another home, finally shattering a van window. homeowners say they were lucky no one was hurt. >> scary. i'm surprised i wasn't in the van. nifs the van five minutes before this happen. >> we have our son andrew who is only 10 months old. we were worried initially what was going to happen "mythbusters" frequently uses the alameda county bomb range to test out experiments. show producers contacting homeowners to set up a meeting with their insurance carriers. netflix taking more

pressure this morning from new competitors. scott mcgrew, movies from verizon? >> that's what verizon says? if the company is going to build a netflix competitor, it will have to pay the same high rates for rights to the movies. not clear if verizon would have a better time that netflix. but another competitor is bad news and the stock fell again on tuesday. the head of netflix, reid hastings went before analysts yesterday to defend his leadership. he lamented that netflix, the brand names become something to make fun of, to laugh at. he compared it to bank of america. at least he didn't compare it to at&t. consumer reports putting at&t on the lowest spot for wireless service, just like last year. engineers of the rating service say actually at&t got worse. among national service, verizon was first, followed by sprint and then t-mobile and at&t. 5:56 right now.

still to come on today in the bay, an east bay city trying to fight back on childhood obesity by raising taxes. we'll explain it all coming up. police raid the occupy san francisco camp overnight. the latest details in a live report. baby it's cold outside. temperatures below the freezing mark in many cities across the bay. we'll see a nice looking afternoon. i've got your full bay area forecast coming right um. after an early east bay morning commute, we shift ourba. i'll show you the latest incidents down here as well.

keurig has a wide variety of gourmet coffee and tea to choose from. keurig is the way to brew fresh, delicious coffee in under a minute. way to brew. so with keurig, every cup tastes like it's brewed just for you. because it is. so i used my citi thank you card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes?

we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline, with no blackout dates. new this morning, occupy sf is raided by police overnight. dozens of people arrested i'm christie smith. i'll show you the latest in a live report.