damien trujillo live at berkeley. we'll have a live report coming up. 4,000 nurses are expected to walk off the job this morning at eight bay area hospitals. i'll have that story coming up in a live report. plus, rubber stamping a plan to have volunteers replace libraria librarians. why lawmakers say the proposal is long overdo. >> and a live look at the north pole. live at santa's workshop on this thursday, december 22nd. this is "today in the bay." >> good morning to you. thanks for joining us. 5:00 on a thursday morning. >> i'm marla tellez. jon kelley is off today. let's check the forecast with meteorologist christina loren. >> good morning to you.

we're a little bit warmer. quite a bit warmer. 25 degrees warmer in santa rosa. mid-50s. that means as the sun comes out and continues to warm you up, if we continue to hold onto the winds, we could be talking about the 70s in dis. yeah. before we hit christmas. we'll tell you how probable it is in your city. first we want to check your drive. any problems out there? >> just construction picking up. we'll show you 880 past the coliseum. we see the flashing lights picking up the cones as they have been over the last few mornings. no slowing past the scene. the southbound side may have a crew clearing as well. we'll check other spots in a few minutes. the standoff between occupy berkeley protesters and police may be coming to a head. the city issued an eviction notice from civic center plaza to the occupiers.

a handful of them remain. damien trujillo is live with an update for us. good morning. >> good morning, laura. it's now more than a handful. about 75 people are still here police citing california penal code. there was a brief confrontation with police overnight. but the police officers left, and the occupiers remained. this eviction notice warns the protesters they have to clear the plaza. now the notice warrants that all city parks are closed between 10:00 p.m. and 6:00 a.m. anyone found violating the ordnance will be arrested. u this is an ordinance already in the books. there are reports of scuffles. some of the protesters put up

video viau-stream. the eviction notice reads no one has permission to lodge in this park. persons who are lodging in this park are violating penal code 647e starting december 1st, 2011. now one occupier is shown making a call to berkeley police. >> hello. yeah, i'm calling to report an assault that just took place. it occurred on martin luther king jr. way and center street. a gang of men in dark outfits came and hit people with -- with sticks. >> that lady was referring to the police officers as the gang of men in dark outfits using sticks. also, uscream, there's video of occupiers trying to grab their belongings from a city truk. that scene caused another brief

confrontation. things have been calm for the last four hours. police did issue us a log for all the calls for service they've gotten here at the park. they've gotten 33 calls since october. 24 reports saying drunk in public. people carrying firearms. also an attempt at rape. even a couple of nights ago. so we have yet to speak to police personally. we'll wait to see what the occupiers say about these allegations. for now we're live from berkeley. damien trujillo, "today in the bay." >> 5:04. two men behind bars charged with the beating and attempted robbery of a man at a concord park. this happened tuesday evening. police say the victim and two friends were walking when several men approached them and demanded money. now police say the suspects then

beat the man who managed to escape with minor injuries. concord police with the help of a police dog and helicopter caught the suspects and booked them into jail. local law enforcement agencies are getting an influx in cash, and it's coming out of the pockets of criminals. the internal revenue service with drug enforcement agencies will present them with $1.2 million. the money was seized in a money laupderring and drug operation. various local mayors and police chiefs will attend the presentation at oakland's federal building at 11:00. the state's high speed rail project is already facing scrutiny over the ballooning budget may be promising it cannot deliver. between 20,000 to 60,000 would be employed a year. only a few thour would be in permanent positions. critics say the numbers were bloated to gain public support. construction is set to begin late next year. it is 5:50.

nurses at eight bay area hospitals are staging a one-day strike to protest contract demands by sutter health. m marianne favro is live where nurses are planning to walk out. swils several other hospitals across the bay area. a total of 4,000 nurses are expected to participate in the one-day walkout. the nurses are member of the california nurse's association, picketing proposed changed to the sick days and union representation. but some parents are apprehensive.

now that was a situation in which they planned a one-day walkout and that's when the medication error happened. reporting live, marianne favro, nbc bay area news. 5:07. sa san jose koun man wants to save money by using community volunteers at library when the workers retire. councilman says 95% of people visiting the city's libraries use self checkouts. they would not mean layoffs but would freeze vacant library positions and future positions that may result from retirement. santa clara voters approved a new state of the art stadium.

some are saying not so fast. last week city leaders noemsly approved plans to use $850 million loan to finance it. >> good morning to you. we'll see 70s today. oakland, moments ago we checked your wind speed and your temperature. you were at 36. now you're back up to 40. so now winds picking up more so just about everywhere across the board. so we are running warmer just about everywhere.

adjust your thermostat a couple of degrees. consider the difference in napa. that's going to make for really warm afternoon temperatures. we're starting out so mild and expecting the winds to increase all the way through your mid-morning hours. yes, it's going to be a gusty, gusty day throughout the bay area, northeast hills. throughout the day you'll start to notice the winds decrease by evening. they'll see them in excess of 40 miles per hour. as you're heading up through danville, there's construction there. as well as the offramp, as i mentioned. there's no slowing at the scene, but there may be high winds through the hills.

keep that in mind traveling 680 and approaching the area. southbound we have construction between sycamore valley road and alcosta before the dublin areas. we have a smooth drive through the cities and 580 out of the har altamont pass. no issues westbound or eastbound. continuing smooth through the castro valley area. the north bay, no problems for the speed sensors. highway 92 looks just fine. back to you guys. >> thank you very much, mike. >> it is 5:10. coming up, information about a baby formula recall. what you need to know before you make the morning bottle. coming up. plus crowning a new burger king. which chain is dethroning the fast food favorite. flo is a gentle giant. bundle home and auto at progressive.com.

welcome back. here's a live look at the golden gate plaza. >> we were talking about the climates with christina loren. it really depends on where you are, what you're feeling. >> it's so bizarre. some cities are waking up with near freezing temperatures. in other cities you're in the mid 50s right now. so let's break it all down for you this morning. i want to show you the reason why right off the bat. that's the winds. you can see the shake to the camera. they'll continue to increase throughout the mid-morning hours. late afternoon and evening will start to see the winds drop off. but overall, enjoy the 50s in

san francisco. 34 in sunny veil. we don't have all that ha many cities near the freezing mark. the sun will come out early. santa rosa is 22 degrees warmer than yesterday. 28 miles per hour sustained winds. that's our warming trend. say we lose the wind, we could see temperatures fall substantially. very quickly. we'll watch that for you all morning long. we have high pressure building into the great basin an area of low pressure that came through last night.

so you want that take it easy. morning temperatures are not as frigid. we have morning air quality everywhere. that might be on the tender side. i might have to wrap your numbers up a little bit. well, it's pretty cold out there. you still got the jacket, like you said. on skyline you have construction getting on northbound 280. loop back off of southbound. 280 loop back northbound and head that way. traffic is light. so you shouldn't have a problem. we'll continue to track it here. the peninsula, lower bay shore moves nicely and palo alto.

earlier construction is eastbound from 237 first over to 880. the crew has cleared without innocent. south of there, we have one lane in each direction. no major slowing. at least that's the current status. coming into the south bay, a clear view of that back over from fremont in the northbound direction. we have seen lighter flow of traffic this week. continuing to be lighter tomorrow. >> 5:16. one of the world's biggest oil companies could have to pay billions more for the country's

worst ever oil spill. a civil trial begins in february to see who is to blame for the 2010 spill in the gulf of mexico. the oil giant could face billions in fines, damages and penalties, which haliberton also faces. it is 5 kpln 17. this morning bank of america is paying big time. two settle discrimination charges. jackie deangeles is live at cnbc world headquarters. good morning. >> good morning, laura. futures are positive following a mixed session with the markets closing off the worst session of the day. the software maker fiszed the forecast for the first time in a decade. the asian markets slipped overnight. europe is higher. in the u.s. investors will be inundated with economic data.

we'll get reports on new filings for unemployment, consumer sentiment and the final estimate on third quarter gdp or how much the economy did or did not grow this morning. bank of america will pay a record $335 million to settle civil charges that the country wide junt discriminated charging them higher interest rates and fees. the money will be distributed to 200,000 homeowners in washington, d.c. and wendy's is set to pass burger king in u.s. sales, trailing only mcdonald's. it's the first reordering of the industry leading trio since wendy's was founded in 1969.

they have achieving the sales gains by upgrading menu, changing ingredients and raising prices. back to you. >> thanks for the update. >> a newborn died from a suspected infection. take a look at the name of the product. it's called enfamil newborn powder. they come in 12.5-ounce cans with lot number zp1k7g. the decision to remove the product from more than 3,000 stores nationwide is cautionary as health officials investigate the death of a 10-year-old missouri boy. he was diagnosed with an infection from the bacteria. they say the batch tested negative for that strain. coming up, settling the score in bowl game ticket scandal. plus the so-called geezer

bandit may not be a geezer after all. >> and watching the super bowl online. we'll take a look coming up. taking a live look from the south bay in morning. a little bit warmer. you may not be able to tell. grab a coat before you head out the door. you may shed it by afternoon. we'll tell you why. [ 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?

beautiful live look outside at the moon. just a sliver. 5:22 now. investigators say an elderly looking bank robber may not be as old as we think. this is the geezer bandit

holding up a bank in san diego. investigators think he's responsible for 16 bank robberies in california. several witnesses have reported the robber appears to wear a mask and gloves. they also say he moves too fast for an elderly man. the $20,000 reward is being offered for information leading to his arrest. arizona prosecutors say there's not enough evidence to bring criminal charges against more than two dozen politicians who grot free tickets or trips to the fiesta bowl. the feds are investigating other aspects of the scandal incruding a scheme for political contributions. nbc is going to stream the super bowl live online. this will be a first for the

champions, other regular games have been streamed before. what's interesting is the commercials everybody waits for on television will not be streamed. this is a way for nbc to create more ad revenue. they will sell the asian assets. yahoo!'s board meets today. the price tag could be as high as $17 billion. shares in motion jumped on rumor some other company may try to buy the blackberry maker. trading around $70 last spring. around 13. also in six minutes for now, marla, we'll get our initial

jobless numbers. last week they were the lowest we had seen in years and years. thank you very much. scott. it's 5:24. a silicon valley visionary who revolutionized the music industry will be honored with a gramny. steve jobs will receive it with a special merit award. in a statement they say they chose jobs because f to products and technology that transform the way we use music, tv, movies and books. jobs will be honored in a special sceremony on february 11th. still ahead. they're supposed to be peace officers. why are they buying thousands of guns outlawed on the streets? and it's a really mild start this morning. in san jose, 50 degrees. but just ten miles away in sunnyvale, just two degrees away

from freezing. we'll tell you why there's such a dramatic difference. your full forecast in just moment moments. and there's still construction going on the road. i'll give you the latest as well as other conversation we've had about the poestential for weath to affect your drive. >> those two are always talking. and here's a live look at, yes, you know what that is. even though it's dark still at 5:26. that's the golden gate bridge toll plaza. people making their way into san francisco on this thursday morn

4,000 nurses plan to walk off the job at eight bay area hospitals. i'll tell you which hospitals in a live report. good morning. i'm damien trujillo at occupy berkeley where police conduct a

raid overnight. an update is coming up. and more than a year later, what's the hold up? >> and a live look outside from the east bay. this is "today in the bay." good thursday morning to you. thanks so much for joining us. it is seconds away from 5:30. i'm laura garcia-cannon. >> and i'm marla tellez. let's check the forecast with christina loren. >> i'm having a good time. we have weather that is changing every single half hour. every time i check your temperatures they are jumping up and down. 52 in san francisco. pleasant in the city of san francisco this morning.

50 in san jose. it's the winds influencing your temperatures you're at 4 in sunnyvale. we have calm winds. as we head throughout the morning hours, winds will pick up. mike can dell you what else is out there. >> you're talking about high winds. potential for employees stuff across the roadway. over here we'll be coming through the diablo ranch to probably get gusty conditions as well. road work is the reason i'm showing this. we still have a crew for another half hour. no slowing pass the interchange. there may be one lane blocked there. and southbound some construction going on. we'll show you that coming up. 5:0 now. thousands of nurses across the bay area are walking off the job after failed contract negotiations with suter health. marianne favro is live where the

one day strim will get under way in a couple of hours from now. good morning. >> good morning. it starts at 7:00 a.m. the nurses will be here walking out at mills peninsula medical center and also at seven other sutter hospitals in the bay area. the nurses are members of the california association. sutter will bring in replacement nurses. but some are apprehensive. in december during another nurse's strike at sutter, one patient died at alta bates summit medical center in oakland after she received the incorrect dose of medication from a replacement nurse.

and in san mateo. in sutter, antioch, and also at, a alta bates in berkeley and oakland. the nurses are planning a one-day lockout. last time when they were striking in september suter looked them out for an additional four days beyond the one-day strike. sentencing for the master mind convicted in a south bay sensational murder for hire case will be postponed again. paul garcia is said to be sentenced for the murder of his former business colleague in 2008. but the judge plans to delay the sentencing so he can review a

defense motion for a new trial. garcia was convicted of hiring a hitman to kill a bar owner in a love triangle involve alg woman. 5:32. a growing number of state lawmakers wants to stop police officers for buying restricted weapons for perm use. reports show more than 7600 assault weapons were purchased by officers since the 2001 state lawmakers allowed the practice. police departments say the weapons are being bought for emergency situations. and in one south san francisco neighborhood, a heavy police presence at the scene of a one year anniversary of a deadly gang killing. three others were also wounded in the still unsolved case. the city has since created an anti-gang unit seizing weapons and arresting more than 100 gang members. 5:33 now.

berkeley police are keeping a close watch in the small group of protesters refusing to leave their occupy camp in berkeley. today in the bay's damien trujillo is live in berkeley civic center plaza with an update for us. good morning, damien. >> good morning, marla. well, the police department issued this eviction notice yesterday. saying that the protesters had to be out of this park, this plaza, by 10:00 p.m. last night. someone posted this video via u-stream on the internet. and it shows the officers getting in a small confrontation with the occupiers here. the occupiers tell me no one has been arrested here in this brief confrontation with police. now late this morning police

have told us they're not going to be giving any interviews on their operations. they issued a police log sheet of what they've seen here at the park. 24 of them for crimes. drunk in public and other serious crimes. now ironically i spoke to one of the occupiers this morning, and he's not denying that system of these crimes are happening here. >> these are things that happen on the street. these things got concentrated her here. >> the occupiers attempted earlier this morning also to obtain the belongings that were confiscated by police from a

city truck. when i asked them when they plan to leave, they said, what? they plan to stay here a while. police are making their rounds checking on the situation at the park. so far they have not moved in yet. e. want to check the forecast with christina loren who is having fun with it this morning. >> when you walk out the door, you're not so call cold this morning. it's not going to hit you in the face. just about everywhere except for sunnyvale, gilroy and santa cruz. in the upper 40s and 50s. 52 in san francisco. 48 degrees in fairfield. so we are running warmer. just about everywhere. i'm going to continue to check this for you. 22 degrees warmer in santa rosa. san mateo, you're three degrees

warmer. san francisco, 7 degrees warmer than this time yesterday. sunny veil and gilroy are bitter cold. once the winds pick up just a touch in sunnyvale and gilroy, the forecast over the next couple of hours, you, too, will be in the 40s. temperatures will go up and down all morning long, winds will increase throughout the next few hours. wooil start to decrease tonight. 24 miles per hour sustained in napa. i've gone and done it. nudged the temperatures up to the 70s. mike, you know wind can be problem matdic on the roads. >> definitely. not only for drivers of larger vehicles, higher profile like a truck or van, but also because of debris. none so far. 680 may see some issues we're looking at kruk southbound down towards al costa. you may find a lane or two at times. no slowing right now. the crews should be cleared over the next 20 minutes as you're

heading down on 680. 580 moves smoothly through the area. a nice slowdown is showing up in this portion of livermore. we should see the 14-minute drive time creep up to 15 minutes. no incidents through the tri-valley area and also to the caster valley "y." slowing is starting to creep up up to summersville. we'll monitor this and bring it back to you. the east palo alto police department is holding a christmas toy drive for needy families. this morning they're making public plea for new or unwrapped toys. all donations must be made by tomorrow night. always feels good to bring some toys in. 5:38. still ahead. waiting for a white christmas. in tahoe, how ski resorts are taking it into their own hands to get fresh powder on the slopes. and speaking of snow, our

own bob redell is taking in the chill at the north pole. rjs l . > it tends to be chilly at hp pavilion. [ 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?

welcome back at the bay bridge toll plaza. smooth drive out the door. >> all is clear. but not so bright on capitol hill. lawmakers are heading home from the holidays without a deal in plac place. >> the president will have his chance to get his side of the

story out. the battle lines are clearly drawn. they're officially in business, but not doing much of anything. republicans say that's a two-month payroll tax cut. it creates nothing but uncertainty. president obama says you've got what you have got. run with it. house republicans say no way. unemployment benefits expire january 1st. right now it's not clear.

good news to report this morning. americans aren't holding back on holiday spending. gat for the most part is cheaper. many analysts believe the economy will grow at an annual rate of more than 3% from october through september. though that's the fastest pace since the spring of last year. you can use your fireplace today but the bay area management district is hoping you don't. they are being asked not to burn wood in the fireplace or stove. there have been already eight spare the air days.

>> yesterday was one of the spare the air days. today we have moderate air quality in every county across the bay area. you can see the moon out there. over the next couple of days, we don't have a lot of change. dry conditions will prevail for the holiday weekend. we have the 50s in san francisco and hayward. 22 degrees warmer. then just 24 hours ago. it's really dependent on the winds. sunnyvale where it's calm, we don't have warmth at all.

as we head in from sunnyvale to san francisco, you're heeling off a layer by 9:00 a.m. the winds to increase through the mid-morning. we have dry tropical low pressure pass through the bay area. the two work against each other. as a result you want to travel cautiously. it could be very dangerous. as we head throughout the day, air quality continues. the morning temperatures are not as cold this morning. we lose the winds tonight. 70 degrees today in santa rosa. we have rain on the way. not expecting much. we'll break that down for you coming up first. >> keep the word breakdown away from the reports.

things are calm, christina. we're looking over here at the slow i slowing there you go. looking over the the south bay on a nice evening drive. northbound is not a problem. we do still have construction causing some slowdowns on summit and bear creek. now south of if summit a little bit of slowing. i'll check the incident reports and make sure it's nothing more than that. we'll see how things are shaping up for the golden gate bridge. but the san mateo bridge with heavy winds in the area, not a problem right now. thank you very much, mike.

5:46. you're probably just waking up, as we are. our jolliest elf joins us live from the north pole. >> i did come prepared. he was able to squeeze us in. he gave us the exclusive interview and invitation to his hometown. north poll, population 2,226. 25 of whom don't come close to minimum height requirement ls. >> who you calling short?

santa claus was gracious enough to take time out of his extremely busy schedule to give us an extended one-on-one interview. you can see why he's so busy. 150,000 wish lists have poured into the north pole post office this month alone. >> most kids want a bicycle. i don't know where you would ride it in the north pole today zblchltd that's on top of 2,000 to 3,000 live requests from kids who sit on his lap each eneafr da day. >> what do you want for christmas? >> an alarm clock. >> a justin bieber alarm clock. that's nice. >> what would you like? a typewriter. >> my first typewriter. i didn't know kids knew what they were.

>> another thing santa was telling us, the ipad, the i-touch. this might surprise you, barbies and legos. kids are still asking for those. do we have a second to check on the reindeer? >> there's dancer, prancer, vixen in the background. comet, cupid, donder, blitzen. wait, go back. that's blitzen. the other is donder. i can't believe i'm that stupid. >> where's rudolph? >> rudolph is inside charging his nose. >> keeping it warm. >> last year it was minus 40. it's no joke. this is very warm for this part

of the country. we're just below zero. if it was 5, we would be out in speedos. >> you're going, i want sick. go six, baby! >> what time is it there right now? >> it's -- we're an hour behind. what is it? 6:00 your time? we're approaching 5:00 our time. with the sunset and sunrise, we're coming off the shortest day like all of nus the country. you're averaging nine and a half hours, just under four hours of sunlight. won't see the sun for five or six hours. 10:00, 9:00 our time. >> make the most of your time there. you're being good boy. >> thanks, bob. 5:50. they are expecting plenty of snow this christmas. weekend tahoe area ski resorts.

forecasters say this is the driest december in recent memory with little or no snowfall in the sierra. >> it is amazing. you just see it on the slopes and nowhere else. >> you have to hunt for snow. >> and we did. coming up, turning the tables onsanta. he's been tracking you all yearlong. now you can track him. meew rosey n theey econ as well. ec

wow, 5:53.

that's sfo in the background there. the rose parade in pasadena. organizers of the occupy l.a. encampment plan to build a hope holding a giant preamble to the constitution. it will not be a part of the official parade, but it will be allowed to join the crowds of people who follow after the parade. scott mcgrew joins us. that's a serious proposal. >> with serious science behind it. what scientists and statisticians have found is it doesn't matter how you make the call, it's the call itself. so there is a serious proposal

from the national transportation safety board. unless the car is prewired to make calls. no hands-free handsets. this morning ray lahood, the secretary of transportation says he won't support that ban, saying it's hard enough to get people to go hands thf free. only nine states require hands-free cell phone use in a car. some cities have created their own laws. in illinois you can drive with a cell phone, except in chik. microsoft will not go to next month's consumer electronics show. it's been the show's biggest exhibitor, sign of the times. second week in a row. first time jobless claims were lower than expected. the lowest since 2008. that's very good news. 2008 was not itself a very good

year. but it's trending well. so that's nice. ampblts holiday tradition could be getting a kiss-off. >> that's right. a nationwide mistletoe shortage. droughts in texas and elsewhere are making it scarce. 6 0b% to 70% of plants in the states have been wiped out. the maulmarkup, they say just doesn't make it worth it. he tracks you to see if you're naughty or nice. starting saturday at k in the morning. for the first time you can follow the jolly old elf on facebook, twitter and google plus. also apps for the iphones an

androids. or just drop him a line. 1-877-hi-norad. you'll get patched through to old st. nick. he's a busy guy. >> ho, ho, ho. still ahead on today in the bay, fed-ex responds to a holiday delivery gone wrong. does this delivery pan still have a job? and hold on the your hats today breerksz zi to windy conditions across the bay area. >> hats and steering wheels. we'll show you what else is going on out on the roads coming up. the droid razr by motorola.

the newest droid armed with motocast. granting you wireless access to files on your home computer from almost anywhere. 4g lte equipped to pull pictures, music, and movies. all at mind-melting speeds. powered by verizon, this droid is too powerful to fall into the wrong hands.

is. 4,000 nurses plan to strike in eight bay area