what's going on with chuckie cheese. >> you won't get so winded running to beat the meter maid in oakland. the new grace period when your time runs out. >> we take you outside to the roads. that is 880 in oakland, already some traffic out there very early on this wednesday, december 14th. "today in the bay." good morning to you and thanks so much for joining us. 5:00 right now, i'm laura garcia-cannon. >> look who is back in the saddle next to us here, lgc, good to have you back. >> i wasn't gone that long. >> we check in with meteorologist christina loren to check this chilly start to a day. >> frosty conditions again especially through the north bay and east bay interior valleys. yesterday morning in san jose where we bottomed out at 38 degrees, we had some really thick frost. so make sure you give yourself plenty of time this morning.

the south bay is running a little warmer. 40s through the south bay, 20s and 30s in the north bay and east bay this morning. it's cold out there. we will hit the 50s with a lot of sunshine by noon. 57 degrees at 5:00 p.m. we'll take you through the forecast. rain showers coming through tomorrow. we want to check your drive with mike. >> christina, we have to go back to san jose where we have the sig alert in place, the connector to northbound 101. let's move the picture and show you the slowing because of that scene there. one lane gets by. a lighter volume of traffic, but a tow truck should be arriving any second. tul lee road, the off-ramp should be clearing at 101. that's construction, i'm show you more coming up. it's 5:01 right now. a new plan being considered in one bay area county could mean fines for you if you're not separating trash and recycling. christie smith is live in oakland with the zero waste proposal. good morning. >> reporter: good morning to you, laura.

when it's trash day and you hear the truck rumbling down the street, it's easy to take everything, newspapers, aluminum cans and throw them in the trash and take the bag outside and throw it into your large trash bin without separating out the recyclables. that could soon cost you according to a plan that's being considered by the alameda county waste management authority, that october cording the the oakland tribune this morning. we're talking about fines up to $1,000 for trashing things that would go into the compost bin or recycle bin. this wouldn't necessarily reduce the waste generated by alameda county residents, but could divert about 700,000 tons of newspapers and bottles from local landfills. phase one would start in july with businesses and apartments trying to comply first. and then in 2014 it would extend to others and also include composting. but some cities apparently aren't too thrilled about this,

thinking it could cost them more with additional trucks running to handle it all, not sure exactly how this would be enforced either. but the waste management board is going to be considering this at their offices on webster street today at 2:00. that's the latest from here, live from oakland, christie smith, jon and laura, back to you. >> thank you, christie. 5:03 right now. governor jerry brown keeping his promise and pulling the trigger on a round of massive budget cuts, announcing his decision after his finance office predicted revenue would fall more than $2 billion short of what the forecast was in june. most of the cuts will take effect in january, and they include nearly $310 million to public education cuts. also on the chopping block, $200 million in programs that help the elderly and disabled. $258 million in bus subsidies and cuts to chk programs, libraries and prisons. a stanford university based

economic think tank has grim forecasts for state workers. california's public pension plans face long-term shortfalls, as high as $50 billion. researchers say the shortfall is too massive to be solved only by cutting future payouts to california teachers, university employees an state workers. the report ears author, former state assemblyman joe nation says it cost the state $3.4 million for each day that lawmakers don't change the peng plans for public workers. critics say the report relies on faulty data to support the political agenda. a pair of suspected copper thieves under arrest charged with a heist on the peninsula. palo alto police say suspects brandon gruber and richard stole pike from the crystal technology company on east meadow circle, southwest of bayshore road and 101. we learned groover is on parole for another burglary in santa clara county. 5:04 right now.

police in the south bay looking for thiefs this morning and sending out warnings to stores that selling california lottery scratchers. kelsey fam is accused of stealing scratchers from ten liquor stores and mini marts in san jose, the latestality a month ray plin any mart on december 2nd. he's seen throwing a brick through the glass front door. then he steals the scratchers from behind the counter. lottery investigators say his stealing days may be coming to an end. >> i guess he thinks it's easy money. he doesn't realize the lottery's ability to track lottery scratchers. they all have serial numbers on the back. >> fam is 5'10", tattoos covering his arms down to his wrist, one inch scar on his right check and crooked front teeth. it's known as a place where kids can be a kid. this morning chuckie cheese in hot water for violating child labor laws.

marla tellez with a look at what fines the company is facing. >> reporter: jon, good morning of us. so many of us have memories of visiting the restaurant known for the mouse logo. chuckie cheese. the u.s. department of labor says almost all of them violated federal child labor laws, including this one here in cupertino. there are 12 in the bay area, nine fined for having teenagers operate dangerous equipment. according to the u.s. department of labor, one allowed an underage employee to operate a dome mixer. a spokesman says, quote, employers have an obligation to ensure minors aren't performing tasks that could be harmful which is why these child labor rules were established. officials say the parent company of chuck e cheese says cmc

entertainment is cooperating and has paid the fines totaling more than $28,000. the restaurants have been decided to post warning stickers on equipment not to be used by minors. up until now they have not done so. the restaurants include one in redwood city, brentwood, newark, san bruno, fairfield and two in san jose. again, this one right here in cupertino. i have put in a call to the parent company of chuck e cheese, cec entertainment, waiting to hear back from them for comment. reporting live from cupertino, i'm marla tellez. >> marla, thank you very much. the end zone is within reach for the san francisco 49ers to make its move to the south bay. last night santa clara city council unanimously approved a financial plan to build a stadium next to great american theme park. goldman sachs, bank of america and u.s. bank have agreed to

give the $850 million loan to the city to cover most of the project. the plan is to use the stadium revenue to pay off the loan. san francisco officials are still hopeful the team doesn't leave the city. >> you never know. things can happen. and even if you're behind in the fourth quarter by two touchdowns, we've seen what tebow has done. it can happen. things happen. fumbles happen. interceptions happen. >> still not a done deal. the plan requires the nfl to pitch in more than $150 million to cover the rest of construction expenses. >> if you really want to keep your team there, maybe you want to quote 49ers when talking to the media, instead of a bronco. >> tebow is on fire. we check in with meteorologist christina loren to talk about the frost. >> unfortunately, 49ers and raiders coming off losses. 32 in novato, 37 in concord right now. a cold morning. something we don't traditionally see, you've got the temperatures

below freezing, up in the north bay, right at freezing in novato and fog, really thick fog, down to a quarter mile in novato and a half mile in santa rosa. watching for freezing fog. you might find black ice throughout the north bay. you want to take it easy, travel cautiously out there. otherwise look pretty good. ten miles or better down through san jose, looking good to start you out on a wednesday. low pressure arrives later tonight. this is going to increase our clouds throughout the day today. i think by tonight we'll see mostly cloudy conditions. that will tend to keep the overnight lows more mild. waking up with temperatures about ten degrees warmer tomorrow morning. that's the good news. unfortunately we'll see the warmer temperatures accompanied by rain showers. 60 in san jose, 57 in gilroy, 61 in los gatos. set the futurecast in motion for you. time out our next area bringing in showers by about 3:00 a.m. north of the golden gate bridge. the areas will slide to the south between 3:00 and 9:00. the whole thing blows out before

we hit noon tomorrow. unfortunately it looks like the showers will come down right in time for your morning rush. we'll time these out for you and tell you what's to come for the weekend. a lot of people want to get outdoors and celebrate the holiday season. i'll tell you what you can expect at that point. right now we want to find out how your drive is shaping up. >> as you might expect, a relative life light volume around the bay. just 5:10. we have the sig alert, unexpected for highway 87 at 101. northbound 87 onto northbound 101 is still affected. only one lane open, the overturned vehicle still? lanes and still waiting for a tow truck on scene. looking at at least another 15 minutes because the tow truck has not arrived. no major slowing except for right at the scene itself. no major issues past this incident. tulley ride. northbound 101 remains closed through palo alto.

a live look shows you the golden gate bridge. look at this. international orange when you can see the paint. it's too early. the lighting is adjusted, also in orange view right now. bafk to you guys. >> nice way to start the morning. thank you. 5:10 right now, in the east bay a new grace period will give you a little more time to beat the meter maid. >> any window will help here. oakland lawmakers green lighting a new policy to give some drivers five extra minutes at expired meters before getting nailed with that parking ticket. only people who use the city's pay and display meters will actually be given that five-minute window. pay and display meters, those are the ones that accept the credit cards. people who use coin operated meters will only get one minute for extra time. if you return to your car when an officer is actually writing up that ticket, guess what, you get a break. >> can i print that out? >> it says it right here. >> 5:11 right now. a massive quake rattles the pacific. >> we'll tell you where the people saw this and felt it.

bracing for the aftershock. >> and shuck, why oyster season may get iced. >> they like it, but they're not putting a ring on it. quoting beyonce today. we'll tell you why fewer brides are smiling down the aisle. >> for the latest news, traffic, weather, good conversation, find bobaar

woel come back everyone on a wednesday morning, live at the oracle arena out there. hope your day is getting started nice. it's chilly. christina loren will tell us about the en fire forecast. it's 5:14.

yesterday afternoon about 137 miles northwest of the capital, an earthquake shook buildings and swayed power lines. no reports of serious damage or injuries. no tsunami warnings. >> a bad news for fishermen in the south. state of texas taking drastic measures to combat a massive red tide which is covering most of its coastline. the toxic allerge, more than 4 million fish have died so far. the algae can cause shell fish poisoning to humans. this is extremely devastates news which had been making a comeback from recent hurricanes and the brksp oil spill. 5:15 right now. i want to check the forecast with meteorologist christina loren. >> good morning to you. we have good looking weather

this morning. it's cold out there. and some fog. overall, we're not looking too bad. the rain showers don't arrive until tomorrow morning, so you can keep that umbrella in the trunk, in the closet, at least for 24 hours. as you can see right now looking nice and clear for the most part of the greater bay area. we have an area of high pressure that kept our air mass stagnant. over the past couple days, clear skies and palm wings making to coast beginnings. we'll rebound nicely like we did yesterday. the stagnant air mass has prompted moderate air quality across the bay area. temperatures this morning just about as cold as they were at this time yesterday. you'll need that heavy coat and probably get some frost off your windshield in places like concord and livermore, even fairfield and napa. not expecting as much frost because a lot of the moisture that came through the showers monday has evaporated. napa, santa rose sarks through

wine country we're concerned about freezing fog. we've got reduced visibility and very, very cold conditions. also they apply a lot of additional moisture for the crops up there. so you could find black ice, especially over the bridges and overpasses at least until 9:00 a.m. as we head throughout the second half of your day, clouds will start to increase. area of low pressure slated to bring showers as of tomorrow morning. we'll time those out for you. today looking pretty good, 50 in fremont, 60 in san jose and 61 in los gatos. as promised, here it is. we'll time that system out for you. it comes through at about, i'll say, 3:00 a.m. tomorrow morning, lasting until about 9:00 a.m. as we head through thursday afternoon, clearing nicely. friday through the weekend staying dry. a little on the cool side. let's check your drive with mikey. >> much better now. this accident northbound 87 at 101, just got word from chp all lanes are clear, the connector has cleared. the slowing should clear over the next few minutes. the rest of the south bay

looking good as far as speed sensors go. northbound 101 past the airport and continuing up the lower bayshore without any delays. speeds into the 60s at the limit basically. we'll look at livermore where we have a nice flow of traffic -- that's not livermore, is it? we'll go to the live shot. livermore no delays, nearer does oakland. construction clearing around high street. 15 minutes from the castro val yes li y and 238 up to the bay bridge toll plaza without any problems right now. a very smooth drive across the bay via the oakland to san francisco span. interstate 80 and the eastshore freeway just an 18-minute drive down the eastshore freeway through berkeley and emeryville. once you get through the north bay, at the limit. pretty thick fog in spots. novato, north of there and also reported for the richmond san rafael bridge. just be careful. there's the potential for black ice as that freezes onto the roadway. slippery, guys.

>> take it easy as you head out the door. 5:18 right now. a new report is out this morning on marriage in america. it shows an interesting trend on the institution. according to the pew research center, only 51% of american adults are married. for some perspective on that, in 1960, 72% of americans over 18 were married. the median age for the first marriage jumped to the highest level ever for brides around 26 years old for grooms around 29. in the past decade, the overall divorce rate in america remained about 50% for first marriages. meantime more and more military couples are calling it quits. the military divorce rate has reached its highest level since 1999. nearly 30,000 marriages ended in 2011, raising speculation troop withdrawals may lead to more divorces. the drawdown puts families back together after those long

absen absences. the overall divorce rate in the military of 3.7% was higher than the most civilian rate in 2009 of 3.5%. not a great start in overseas markets as we see the ripple effects of the fed's decision to hold off on new stimulus. for more on that news before the bell, let's turn to jackie deangelis live at cnbc headquarters. >> good morning, laura. futures right now slightly lower after the market sold off for a second straight day yesterday. stocks dropping after the fed announced it was holding interest rates steady and didn't drop any clues about further economic stimulus measures or what we call quantitative easing. investors knew the fed wasn't likely to do anything yet still disappointed. the asian markets were lower overnight. europe also in the red. in the u.s. this morning we'll get data on import prices, so keep an eye out for that. the dow lost 66 points to close at 11,954 on tuesday. the nasdaq fell 32 to close at

2579. meantime the house passed a plan to pass the payroll tax cut, tied to the approval of a new oil pipeline between the u.s. and canada. president obama denied a decision on the pipeline and threatened to veto the house bill. that will go to the senate where it's expected to fail. the current tax cut expires on december 31st. the u.s. government is selling the first set of leases for offshore oil drilling. the auction to be held at the superdome in new orleans covers about 20 million acres of open water and, get this, selling oil leases is the second biggest revenue generator for the government behind collecting income taxes. that's it for us at cnbc. back over to you. >> thank you so much, jackie. a warning for all those litter bugs out there. chp is keeping a very close eye on you guys. today the highway patrol along with caltrans teaming up to clean up bay area roadways. they want to bring attention to

the hazards of trash which is damaging to the requirement and, of course, a danger to motorists. caltrans will be sweeping up litter throughout the entire bay area and clean up homeless scam camp sites. caltrans says it spent more than $60 million on cleanup alone last year. 5:22 right now. how you can win an oscar without stepping a foot in front of the camera. lindsay lohan's race against the clock. will she miss an important court hearing to hit the surf in hawaii? we'll let you know. .

welcome back everyone. live look outside at the golden gate bridge. traffic picking up, not a lot

out there. 5:24 right now. lindsay lohan making more headlines for all the wrong reasons, a missed flight forcing the actor to blow off an appearance on "ellen." the actor insisting she will be back from hawaii in time for an important court appearance. lohan expected in court today to try to convince the judge she's keeping up with community service requirements, including working 12 days a month at the l.a. county morgue. yesterday lohan was supposed to appear as a guest on the "ellen" show which would have been the only public appearance to promote her photo spread in playboy. lohan's spokesperson says the actress was delayed in hawaii due to travel-related issues. doesn't sound like a real good excuse. >> i heard she's going to try to make it up to ellen and appear. >> she owes her at least that. >> yeah. the pictures have been circulating. >> she was out at the beach doing her thing, bikini.

>> i don't think i need to see her doing her thing. iconic piece of hollywood history. the academy award for orson wells for writing "citizen cane" will be sold to the highest bidder on december 20th. it may not sit well the academy of motion pictures, arts and sciences, since 1950 it has required actors promise not the sell before offering them back to the academy for $1. 0. wells died at age 70 in 1985. >> "citizen cane" one of the classics: i bet it will go for a lot of money. time is 5:26. pg&e's liability in the wake of the san bruno explosion. >> the neighbors are asking why not. kauai some say taking responsibility is just a legal strategy. it's cold out there this

morning. we'll see a very comfortable afternoon. rain showers arrive tomorrow morning. we will time those out to the minute at your doorstep coming up. that accident i've been watching in san jose finally cleared. we'll get a look at 8:80. unfortunately, i have a spot to show you with unusual slowing for this time. come back and check it out.

>> reporter: new this morning, the restaurant chain that's been creating childhood memories for decades. now it's in trouble with the u.s. department of labor. good morning, i'm march will tellez, i'm tell you why chuck e cheese has been fined. >> reporter: forget to separate your trash from recycling? that could soon cost you if you live in parts of alameda county. i'm christie smith. i'll explain coming up in a live

report. san francisco investigators put a fork into a food bribery scheme. we'll tell you about the scam allegedly cooked up by city health inspectors. a live look at side at the golden gate bridge. we extend a major congratulations, you've made it across the finish line midweek. it's wednesday, december 14th. this is "today in the bay." who knew wednesday could be so much fun. 5:30, i'm laura garcia-cannon. >> i'm jon kelley, good morning. let's check in with meteorologist christina loren. i'm seeing on the map you put out there, it's like east coast weather. >> we'll be right back to our west coast standards later today. temperatures climbing into the 60s. it's a cold, cold start out there. napa, you're actually running three degrees cooler than 24 hours ago and you actually came

one degree shy from breaking a low temperature record yesterday morning. it's cold out there. the sun is going to be out in full force by about 10:00 a.m. temperatures climbing into the 50s, mid 50s by 5:00 p.m. comfortable second half of the day. rain in the forecast. i'll tell you when it arrives at your house. a gradual build for most of you folks on the roadway. one unusually slow area out of the altamont pass westbound 580. we even see the red chiclets on the right. we'll watch, no accidents reported, but it looks like a 15 or 16-minute rooif. that's unusual coming into livermore this time. it is 5:31. a family fun center throughout the bay area facing heat from the federal government for violating child labor laws. "today in the bay's" marla tellez with more on the trouble at chuck e cheese.

marla, good morning. >> reporter: good morning. for more than 30 years now chuck e cheese has been the go-to for good, clean family fun and entertaining kids. now many of the locations right here in the bay area have been fined by the federal government. they're in trouble for how they use their younger employees. one of the restaurants in question includes the one right here in cupertino. there are 12 chuck e cheese's in the bay area. nine have been fined for having teenagers operate dangerous equipment. the restaurants include, brentwood, newark, fairfield and two in san jose. according to the u.s. department of labor, they allowed teens to load and operate a trash compact compactor. a spokesman says we all want young workers to develop the skills and experience necessary to compete in the marketplace,

but safety must never be sacrificed in the process. the parent company is cec entertainment, inc. out of texas. labor officials say it has paid the fines totaling almost $30,000. on the employment page of the chuck e cheese website it should be noted, the company states cec is competed to protecting the safety, health and well-being of its employees. i have put in a call to cec entertainment and waiting to hear back from them for comment. reporting live from cupertino, i'm marla tellez. >> marla, thank you very much for the update. 5:33 right now. they're supposed to clean up restaurants throughout san francisco, several inspectors caught up in dirty business themselves. later this morning, district attorney george gascon will announce charges against two former public health inspectors. they are accused of selling food safety certificates to hundreds of restaurants three years ago.

owners and employees are required to pass a written exam. instead of taking the test, the pair would charge hundreds for certificationtion. reports say no restaurant owner or employees have been charged so far in the scheme. >> it is 5:33 right now. today the three men linked to a blad friday shooting outside a walmart store will be back in court to face attempted murder charges. these three men could enter pleas during today's hearing. police say 29-year-old detwaun watson shot a man in the parking lot. police say the victim refused to hand over his gold necklace to watson's alleged accomplice, 20-year-old tony phillips. the man's cousin did manage to wrestle phillips down to the ground but watson and another suspect, 18-year-old foreman, took off in a buick. the shooting victim is recovering at home. more than a year after the deadly san bruno pipeline explosion destroyed a

neighborhood, pg&e is taking responsibility. officials for pg&e says the utility will take full financial responsibility in court. attorneys for victims say admitting liability is a ploy to convince the judge to take evidence and punitive damages off the table. victims say they're skeptical about the timing of the announcement and they want the truth to come out about what led up to the deadly blast. >> -- that day in court is what's important to a lot of people. we want to know how this happened, and the things we didn't know. >> attorneys for the blast victims an pg&e are expected in court on friday for a management conference. the judge is trying to come pine dozens of cases against pg&e. the trial is set for july. here is a quick question to think about closely. are your newspapers, soda cans and food scraps in the garbage or in recycle and compost bins. if they're in the garbage that may soon be costing you some cash. "today in the bay's" christie smith live in oakland with the

mandatory recycling plan being considered there. good morning, christie. >> reporter: good morning, jon. remember when you could throw your old batteries in the kitchen trash? this may be the next step, sort of a zero tolerance policy trying to make recycling mandatory for certain customers here in alameda county, and it could mean fines up to $1,000 for putting things like newspapers and green waste, yard clippings in the trash instead of the appropriate recycle bin or compost bin, this according to the oakland tribune. exactly how this would be enforced is still unclear. the goal is to get about 90% of things that could be recycled out of landfills by the year 2020. right now the number is closer to 69%. if approved, it would start in july to include certain businesses and larger apartment buildings. but some cities apparently aren't too thrilled about this, thinking it could be a financial burden that might require things

like more trucks and routes, that sort of thing. alameda county waste management board of directors expected to be considering this today when they meet here on webster street at 2:00. reporting live in oakland, i'm christie smith, jon and laura, back to you. >> christie, thank you very much. >> i'm all about the recycling. >> yes, she is. it's 5:37 right now. we'll check in with meteorologist christina loren, a cold start to our morning. >> it is. we'll see our air quality recycled as we get showers through the area, waking up tomorrow morning with that. as we e head through the day today, unhealthy air quality in the north bay prompting a spare-the-air day, illegal to burn for today. the unhealthiest air quality will be through the north bay, the sinking air, the compression from high pressure. elsewhere we have moderate air quality. by this time tomorrow morning with showers rolling through, back in the good range. temperatures running cold this morning. with the combination of deep pockets of fog and freezing temperatures, we have freezing fog out there.

watch out for slippery conditions on the local roadways in the north bay, even possible through your interior valleys in the east bay. close to freezing. 36 in concord and livermore right now. we'll see a pretty nice second half of the day, temperatures running warm by noon, 52 degrees. you'll probably need the light sweater at noon. but you can take it off later today. in the south bay, about 57 degrees inland as you make your way home from work. we'll time out the showers for you, take you through the seven-day forecast. first, we want to check your drive at 5:38 with mike inouye. >> we showed you earlier the unusually slow drive coming into livermore for this time of day. so now 15 to 16 minutes. most of that slowing coming in through livermore out of the altamont pass. westbound for highway 4, antioch shows typical slowing and now creeping in, speeds into the 30s from a street, actually hillcrest towards summersville. slowing for bay point and pittsburg as well.

a look over at the travel times approaching the rest of your bay and bay bridge approach. a nice easy drive, close to 60 miles per hour. a live look shows you the toll plaza itself. a steady flow of lights, the 880 over crossing. no meter lights. that's about a half hour away. back to you. it's 5:39 right now. coming up, putting the brakes on drivers talking on cell phones. >> why the fed says driving hands-free may not be a good enough idea. >> the 99% gets hit hard by occupy protests at the port. fig how medudare icis ho medare is tracking down on people who use prescription drugs.

coming up, putting the brakes on welcome back. the gop payroll tax cut clearing the house of representatives. the question remains, saturday dead on arrival in the senate? "today in the bay's" tracie

potts live in washington, d.c. where senate democrats are digging in hair heels this morning. >> reporter: what passed the house last night democratic leaders say is not going the pass the senate. the president has said he won't sign it because it's got that controversial oil pipeline issue attached. the quick approval of that attached to extending the payroll tax cuts so you'll get the 2% off the payroll tax again come january 1st. so the republican plan going nowhere fast. the democrat's plan can't pass the house. we don't seem a lot of negotiation going on behind the scenes at least now with the holiday break coming up next week, and this december 31st deadline looming. separate from that, democrats want to deal immediately with this temporary funding that yet again is running out, possible government shutdown. lawmakers have said they won't let that happen. but republicans are questioning whether democrats are willing to let that happen because they

won't pass the other issue, the payroll tax cut extension. so the bottom line is not a lot getting done. nbc's latest poll reflects that. americans frustrated with congress. 42% say it's one of the worst congresses ever. >> that speaks volumes. tracee, thank you very much. 5:43 right now. nearly 2.5 million more young adults have health care coverage since the president's health care over law took effect. that is according to a new annapolis the obama administration will release today. the drop is twice as large as previous estimates. under the health care overhaul, children can remain on their parents' health insurance plans until they turn 26. medicare is changing the drug payment plan in attempt to fight drug fraud. medicare can stop payments immediately when fraud is first detected in the prescription drug program. before this medicare had to wait until after a claim was paid. the justice department

recovering more than $5.5 billion from fraud in 2011. more than half of that amount was for health care fraud. it's 5:43 right now. uncle sam is recommending a complete ban on cell phone use by drivers. bob redell live in the south bay with more on the proposal from the national transportation safety board. hang up and drive, bob. >> reporter: here in the state of california it's legal to be on your cell phone, as long as you're hands-free while you're driving. even that is considered to be too dangerous now according to the national transportation safety board, the ntsb t. board is pushing all states to ban drivers from using cell phones at all and in any way you possibly could imagine when you're behind the wheel. that would mean no talking on your bluetooth except on emergency and no texting or e-mailing which is already illegal in the state of california. this recommendation was ordered

in part because of an accident last year in ms. sorry in which a teen driver in a pickup truck sent or received 11 texts in 11 minutes. investigators believe that distraction is what caused him to plow into the back of a truck. that teen and other were killed. 38 more were injured. texting while driving. to give you an idea of how prevalent distracted driving is, the national transportation safety board found 13.5 million drivers are using hand-held cell phones at any moment. again, ha is already illegal in this state. over 3,000 people were killed last year because someone was driving distracted. one in five americans admit to having texted or e-mailing while driving. half of those people are young, between the ages of 21 and 24. one board member with the ntsb calls distracted driving the new

dui. laura, jon? >> thanks for the update bob. 5:45 right now. good news in the fight against drunk driving in california. dui deaths are at the lowest level in 14 years. 791 people were killed in dui crashes last year. that's compared to 950 the year before. dui deaths in the state have steadily decreased every year since 2005. monday's occupy protests at the port of oakland proving extremely costly, erasing millions of dollars in economic activity at that port. a port director says the loss was in the range of 4ds million to $8 million and there will be ripple effects going on from asia exports to exports from central valley farms. demonstrations disrupted six of seven terminals. 5:46 right now. state lawmakers will be taking a

closer look at how universities handle protests. a joint meeting will discuss uc and csu's policy demonstrations. it comes after protestsality both uc davis and berkeley. school officials and leaders are expected to testify today. it is 5:47 right now. nice to get a change of season to help us get ready for the holidays. seeing 20s out there? >> this is early in the season to get this cold. we broke a temperature record in hayward and came close to breaking temperature records, cold temperature records in both napa and santa rosa, on par to do more of the same this morning. i'll be checking through those records all morning long. right know still on the warm side. two additional hours of cooling before the lows come in for this morning. you can see the reason why. high pressure clearing the sky for most of the western united states. for us that's all going to change later today. we have this area of low

pressure slowly but surely trekking closer to the california coastline. tonight we'll see increasing clouds and by tomorrow morning getting about six hours of wet weather. it's going to move through very quickly. this morning our main concern is potential for freezing fog and black ice up through the north bay. watch out for slippery conditions. not only do you have the fog and moisture forced to the surface by high pressure. that coupled with freezing conditions makes for a very slippery drive this morning. give yourself extra time. even just walking on the sidewalks could be dangerous. 44 in oakland, 43 in hayward and 43 in sunnyvale. in the south end of the valley, nice comfortable conditions. that's where we'll see the 60s. up in the north bay temperatures still running on the cool side. same for san francisco, upper 50s today. as we head through the day, more and more clouds. the increasing clouds will keep for overnight lows that aren't bitter cold. more 40s and 50s to start you out.

we'll also see the rain showers. we stop the clock at 3:00 a.m. you can see showers mostly staying to the north of the golden gate bridge. these showers will move through quickly. we'll stop the close for you again at about 7:00 a.m. showers continuing to push to the south. livermore, that's when you'll start to see your first action. rush hour, 7:00 and 8:00, active in the south bay. moderate rain in san jose. count on a slippery commute. by 10:00 a.m., the whole thing clears how the. a nice second half. fog on saturday and sunday but staying dry through the extended period. we are concerned, we haven't had as much rain this season as we did this time last year. right now no drought conditions to watch for, but we need the rain. let's find out how we're doing on the rain. we don't need the slowdown. where is it this morning, mike? >> we're okay so far in the south bay. after the early morning accident off highway 87 cleared, no other incidents for this entire map. you see the northbound speed

sensors close to the limit throughout. north of here, the lower bayshore, our only incident remaining. this is embarcadero road on-ramp to northbound 101 in palo alto. that should be cleared in the next ten minutes. the rest of the freeways, 101 and 280 all the way from san francisco to palo alto. the san mateo bridge, look out here, the headlights off the high-rise eastbound over towards 880. a smooth drive and a little heavier volume of traffic, your commute westbound over to the peninsula. no incidents. over on the east bay side we're looking at the nice flow of traffic here as well. 880 and 580 through oakland, at the limit or close to it all the way through the maze at the caldecott tunnel. a typical pattern sorting out for livermore as well. we saw early slowing develop and holding steady to livermore. a very pleasant wednesday morning commute guys. we'll send it back to you.

it's 5:50 right now. what do kate middle ton, silvio berlusconi, herman cain and casey anthony all have in common? we'll explain just ahead. google joining the fight to end slavery. the company's new crew said coming up. a live look outside at the golden gate bridge. 5:51. stick around. traffic and weather up next. [ male announcer ] a fast, non-drowsy antihistamine plus a powerful decongestant. [ woman ] after allegra-d, i have it all.

welcome back everyone. a live look at traffic on 880, starting to get thick as people start heading off to work. the time now 5:53. an online game maker and a major fashion designer leading the busiest week for initial public offerings in years. zynga and luxury clothing

designer michael coarse as much as nine other companies seeking $5 billion in ipos. if all 12 companies get their companies done, it will be the most ipos since 2007. zynga says its sales more than doubled since october. michael coors revenue jumped more than 60% in the first half of the year. a former base book employee says he's entitled to half ownership in the $50 billion social networking, he says he has the papers to try to back it up. he says he gave facebook founder mark zuckerberg money toward developing the site when he worked for zuckerberg as a student at harvard university. he says he has a written contract to prove it. however, in federal court yesterday, facebook attorneys say his contract is fake because experts found the ink to be less than two years old. his attorney, no surprise here, he is disputing that ink test.

5:54. google is donating what is believed to be the largest corporate grant ever to help end legislativery around the world. the tech giant is donating more than $11.5 million for intervention for people being held, forced to work or provide sex against their will. it's part of google's end of year charitable donations. in total the company dolled out more than $100 million in donations this year. today's facebook founder mark zuckerberg's last day as "time" magazine's reigning person of the year. >> this morning the magazine making its selection for 2011 public for all to see. before we tell you who was actually chosen, here are the other candidates on that list. it includes the 1%, the 99%, hacking group anonymous, casey anthony, herman cain, steve jobs and katherine, duchess of cambridge among many others. >> person of the year? the protesters, a description

that includes demonstrators from arab bring, to athens, to wall street. >> interesting and wide variety of a list there. >> i don't know if i agree, but it's interesting. >> they don't ask us, do they? >> it is 5:56 right now. still to come on today in the bay, the weather dress that will make you blush. why bay area university's snapping up the rights to xxx domain names. >> we're tripping up your fs this morning, frosty, frigid out there. we'll take you through your full forecast. christina, i have my eyes on an accident in the south bay involving a semi truck, a van and a fire extinguisher as the commute builds around the bay area. we'll show you the slow spots coming up. a live look outside golden gate bridge this morning. traffic remaining pretty steady out there. pretty light so far. we'll keep tabs with mike. he has his eyes on the roadways.

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new this morning, the restaurant that's a childhood favorite is in trouble with how it used its younger employees. good morning, i'm marla tellez. what's up with chuck e cheese coming up. >> reporter: i'm bob redell. i'll tell you why uncle sam wants you to hang up the old cell phone for good while you're behind the wheel of your car. pg&e takes legal responsibility for the san bruno explosion. find out why survivors of the blast are skeptical. we give you a live look outside, the golden gate bridge. it's early.