morning. police move in, but the occupiers are still here. the latest is coming up. south san francisco police will be in washington on the one-year anniversary of a shooting that killed three people. it is thursday, december 22nd, this is "today in the bay." good thursday morning to you. thanks for joining us. 6:00 now. i'm laura garcia-cannon. >> and i'm marla tellez in for jon kelley. let's get to the forecast with christina loren. cold start. but depending on where you're waking up. you can walk tout the front door sans jacket. it's 52 degrees in the city of san francisco. 51 in hayward. 50 in san jose. we were at the 20s at this point

yesterday morning. easily hitting temperatures close to 60 by noon inland. rounding out the day with the 70s. >> we've been talking about the wind affecting your temperatures. may be affecting your drive. the rooftop camera shows the smooth headlightses picking aup tad bid. might get a gust or two around the bay. they have backup forming in a couple of the cash lanes. maybe an issue with the toll takers. they might not all be open. nurses are staging a one-day strike to protest contract demands good norng to you.

in less than one hour the nurses plan to strike. and at seven other sutter hospitals across the bay area. a total of 4,000 nurses are expected to participate in the one-day walkout. they proposed changes to sickdays and union representation. sutter will bring in replacement nurses. but some are apprehensive. in september during another nurse's strike in sutter, one patient died after she received the incorrect dose of medication from a replacement nurse. sutter locked them out for four additional days. the during the four additional days the medication error happene happened. >> thank you very much,

marianne. >> 6:02 now. sentencing for the master mind will be postponed again. paul garcia is said to be sentenced for the murder of his former business colleague, mark aquille in 2008. the judge is expected to postpone the sentencing. they were in a love triangle involving a woman he was dating. heavy police presence in the san francisco on the one-year anniversary of a gang killing. the police chief is worried about any violence in connection with the shootings. the case is still uninvolved. two men are charge this is morning with the beating and attempted robbery of a man at a

concord park. police say the victim and two friends were working in the mark concord police arrested the suspects with the help of a police dog and helicopter. dozens of occupy protesters are skanding their ground. i understand they were served an eviction notice. >> reporter: protesters had to be out of the park by 10:00 p.m. they silted a california penal code for the reasons to kick the occupiers out here from the main park in berkeley. there was a confrontation with

police overnight. no signs of police officers other than a few patrol cars driving in the park area. but there was confrontation with police. that ended at 2:30 this morning. since then they've been awake. they've been up. police do tell us there have been some crimes committed here at the park. including assault with a deadly weapon and also vandalism and attempted rape. one of the occupiers here did not deny that will are some things that should be happying that are actually happening here right now. there's violence.

last night we were nonviolence. but, yeah, we had to deal with that a lot. >> there was footage shot earlier by the occupiers. this led to a short confrontation after that. if i can give you a live picture now. we see people gathering outside the front steps of the police department. but nothing major is happening. police are not out here in forc force. >> as one protester described it as nonviolence. an oakland city councilman is not giving up on a resolution to

stop another port shutdown by protesters. they voted down a resolution on tuesday night to give them greater lee way. the councilman will reintroduce the resolution. the irl will present the agencies with $1.2 million. the local mayors and police chiefs will attend the presentation at okay land's federal building at 11:00. santa clara voters have approved a new state of the art stadium for the 49ers. but some residents are now saying not so fast. organizers say although a

majority of city voters approved a measure to build the stadium, they were not given details oen where the money would come from. time to check the forecast with christina loren. things change sng. >> they're blowing my mind at this point. temperatures are almost at record minimums. yesterday we had record lows. we had 20s in santa rosa. your lows are traditionally in the 30s. this morning we have the 50s. knoll notice the difference in san jose through oakland. much warmer this morning. the wind is really helping you out. the wichbds will pick up at 10:00 a.m. that's when they will be at their strongest. after that, winds will slowly the die down throughout the remainder of the day. but take a look where the winds

are strong. strong enough to knock you around if you drif a high profile vehicle. you have wind out of the north at 20 miles per hour in napa. now we have dropped off in san jose and sunnyvale. we're at 50 just moments ago. 52 in san francisco. as we head through the noon hour, we usually see highs in the low 60s. this time of year we're going to see 60s by noon in places like santa rosa. 70 is the forecasted high. so check ahead at lax. let's see how the winds are shaping up your drive in the bay

area. >> overall they're common in the south bay. we talked about potential for gusts throughout the bay area. san jose reporting one of the intersections may be affected by gusty winds. the arms at the crossing. they're stuck in the up position because of gusty winds right there. obviously safety is an issue. the lights are flashing. the arms are up. use caution if you do cross the trauks. no delays reported there. over northbound to 280. that closes the connector until 7:00. no problems just passing on 92. coming back from the opposite direction you should be okay on northbound 80 into the city. a smooth drive from the okay land side at the bay bridge toll plaza. the live look shows us, yes, it's back on both sides of the fast track lanes. cash lanes are slowing down on

either side. that's a typical build for a thursday. a little bit lighter. that's what we expect. we'll track it and send it back to you. coming up, live to the north pole. how the preparations for the big day are going. >> and the payroll tax fight is catching a chill in washington. the latest on the gridlock there coming up. and a live look outside from the south bay this morning. we'lcheck thfore cast with christina loren. [ female announcer ] help i need a holiday party idea. mmm... pillsbury crescent wrapped brie just unroll, wrap the brie and bake. it's so easy. now this might even impress aunt martha. pillsbury crescent wrapped brie. holiday ideas made easy. in 15 minutes, [ female announcer ] you call that bread? you can serve some warmth with your bread. and some flavor with your bread. and some layers with your bread. if you're serving bread honey, then serve it.

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welcome back. it's a strinlt day in baghdad where a series of bomb blasts have killed 63 people. it comes days after u.s. forces left the country.

no one has claimed responsibility. they also come at a fragile time for the nation as it and a half gaits its own military future. >> we don't know much about the new leader of north korea. but now we know where he went to school. kim enrolled in a fake name. one class meat says the son once told him his real identity. he says he was obsessed with basketball. especially michael jordan. 6:14. president obama is putting on the pressure to get the payroll tax extension passed.

colleagues are demanding they return to vote on the extension. >> the house needs to act. >> to work with us to resolve our differences. >> president obama is taking his case to twitter, asking americans what they would do with an extra $40 in their paycheck. join that conversation at #. some will lose the unemployment extensions as early as next month. they are expecting plenty of snow. only it's not fallg from the skri. they are taking advantage of the cold weather to make as much

snow as they can until the real stuff starts falling. they're doing what they can. do we have any precipitation in site? >> we do, but not much. i don't think it will be widespread rainfall by any mean ls. right now it's not looking all that promising for areas in the south bay. of course, it's still early. 24 degrees warmer in santa rosa this morning. yesterday we had near record lows. yesterday the high temperature was 73 degrees. we have the winds pumping from land to sea and warming up along the way. that's keeping you mild up there. because you're starting out in the mid-50s in santa rosa.

54 degrees there. i don't think it's going to be that hard when the sun comes out at 7:20 for you to initially climb and hit 70-degree mark. breaking a temperature record for today. that's what we're going to watch for you. we'll track the temperature all the way throughout the morning hours and your 11:00 broadcast as well. we have an area of high pressure setting up in the great basin. the twou working the together to create a breezy condition. if that ridge doesn't go anywhere, we could see the winds continue to another mild start tomorrow. but it looks like the pressure gradient will freeze up. we'll tell you about the rain and christmas. this construction cleared up right on time. no major delays and nothing out

of the ordinary. from there into san jose, we have the northbound speed sensors all looks nicely as well. a lighter volume overall. these roads will still be affected. reportedly because of high winds or gusts of winds through the area. no delays reported for the light rail system. we're looking over here for a lighter slow down. still 17 minutes registering. ael we'll end with a look at the bay bridge toll plaza. the backup for the cash lanes is there. >> these are busy times for a lot of us as holidays kick into full gear.

>> it's lovely good morning. we are at single digits because i hope that's all i lose. in all seriousness, this is quite mild last year was minus 240 degrees. and we have hardly any sunlight. the sun doesn't come up until 9:00 or 10:00. and coming up, i'll tell you about my conversation with santa and where the hot toys are this year. some of that might surprise you.

>> that is soup ircool. >> he's sitting next to the official sleigh. 6:19. the east palo alto police department is holding a christmas drive for needy families. this morning a public plea for new or unwrapped toys. all donations must be made by tomorrow night. it starts at 8:00 this morning on south 20th street. police and fire departments expect to serve about 800 people this holiday season. coming up, fed-ex says it's taking action after thisca id mp eofyelo behaving badly got national attention. [ terri ] my husband, hank, was always fun.

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san jose councilman wants to save the city by using volunteers at libraries. 95% of people visiting the libraries use the self checkout. the idea wouldn't lead to layoffs but it would freeze job vacancies. the less popular alternative is

to outsource the union employees with less expensive contractors. en extreme case of public drunkenness is used as an example to be safe. british transit police release this video from earlier in the year. a woman was drunk and fell off a train. the woman was fine, except for cuttings and bruises. the youtube version of a worker tossing a pkage containing a computer monitor over the fence. it received more than 2 million views. now fed-ex says the matter has been resolved with the customer. the company replaced the broken monitor with a new one. and fed-ex says it will zis plin the employee, but not saying how.

speaking of that, scott mcgrew, you have job numbers. >> what does it take to get fired from fed-ex? seekd week in a row. jobless claims were lower than expected. the lowest since 2008. also in market news. acme just bought a sunnyvale company. the santa clara county will stop providing paper copies of tax forms. they'll have one form own hand and then they'll send you to the photo copier. yahoo!'s board meets today. ironically asian businesses are yahoo's most valuable parts. the price tag could be as high as 17 billion. nbc is going to stream the super bowl live online.

other games have been streamed before. never the super bowl. the superbowel kmeer shls will not be streamed. the internet version will have its own commercials. which is a way for nbc to create even more ad rev new. >> 6:26 right now. still to come on "today in the bay." thousands of bay area nurses will strike. find out why in a live report coming up. and berk he police crack down on occupy protesters joefr night. some tents are still standing this morning. an update is next. and you'll neat the sunglasses for shopping outdoors. we're expecting the 70s in some cities. i'll tell you where after the break. thr ow atave an update h hee thisr ff ahe affecting the road and the rails. [ woman ] my boyfriend and i were going on vacation,

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lis move in, but the occupiers stayed. the latest is coming up. >> i'll have a live report coming up. i'll tell you which hospitals in a live report. >> and one report says the state is wildly exaggerating the number of jobs high speed rail would create in california. taking a live look outside, this is "today in the bay." good morning to you. thank you for joining us. seconds away from 6:30. i'm laura garcia-cannon. >> and i'm marla tellez.

let's check the forecast with christina loren. >> you can get away with summer at tire in some cities. we're three days away from christmas. the 70s on your forecasted high map for today. this morning enjoy the 20-degree increase in temperature. 58 by noon. some cities in the 70s. and i'll show you where coming up. the winds are warms us up. also having an impact on your drive. >> watch that. be prepared for gusty winds in san jose. not really sustained winds, but gusts. sounds like it affected the light rail or the service through the area. the arms are up as the road crosses the light rail tracks around lincoln avenue. the arms are stuck in the up position because of a high wind gust that happened. the lights will flash. you'll hear the bells. the arms will not come down.

light rail is supposed to stop there. no delays reported. if you have to stop every time you cross the intersection, some minor delays. be careful. there might be a train. thanks, mike. 6:30 thousand. berkeley police are keeping a close watch on protesters refusing to leave the occupy camp in berkeley. damien trujillo is live with an update for us. good morning. >> good morning, marla. several people followed police orders and left the park. many stayed. many are still here. they say they are not going anywhere. police say the occupiers are violating a municipal code and a california penal code by camping out here at the park. they decided to issue the eviction notice yesterday. there were clashes overnight. police removed some tents, but many protesters stayed behind.

police are not giving interviews. they received call log since october. they list a litany of crimes. one occupier told me he's not surprised by the allegations and he's not denying them. poverty is violence. these things were concentrated here. we would have appreciated the police not ignoring this place up until today. >> a small con tronation with police ensued when occupiers tried to receive the confiscated belongings from a city truck. for the most part it's been peaceful in berkeley. we have seen some patrol cars.

i'm damien trujillo, live for account today in the bay." could be activity as thousands of nurses are walking off the job after failed contract negotiations. marianne favro is live at the medical center where the one-day strike will get under way in less than half an hour. good morning. that's right. i just saw the nurses pull up in a van and start to unload the picket signs. they will be protesting here at 7:00 a.m. and seven other hospitals across the bay area. 4 thourk nurses are expect eded join the walkout. proposed sick days and union representation. they will bring in replacement nurses to recover from the

striking nurses. the medical center in oakland after she received the incorrect dose of medication from a replacement nurse. so here's where the strikes are happening this morning. at eden medical centers in castro valley and san leandro. and also at alta bates in berkeley and in oakland. s the scheduled to be a one-day strike at 7:00. reporting live, marianne favro, "today in the bay." 6:4. a growing number of state lawmakers want to stop police officers from buying restricted weapons for personal use. more than 7600 assault weapons were purchased by officers since the 2001 state law allowed the

practice. lawmakers are questioning if officers should have ak stesz to weapons the public is restricted from owning. the 49ers have hope to have some answers soon. the team will keep working with the nfl, san francisco an pg&e to solve the power issues. a pair of blackouts happened before and during monday night's football game. high speed rail projects under fire for the ballooning budget may promise something it can't deliver. the actual number of jobs it is supposed to create is only a fraction of the million promised. between 20,000 and 60,000 would be employed a year. critics of the project say the numbers were bloated to gain public support.

6:35. want to check the forecast with christina loren. >> it's that breeze this that will make for a really, really nice day. you can get away with summer like attire in many cities across the bay. 50 in napa right now. 5 h 4 in novato. and starting out rather mild. because it's so mild, you'll easily hit 70 degrees. which will be a new tfr record for santa rosa later on today. we're going to continue to climb, especially in the cities with the sunshine off the bat. a little bit of high clouds over the east bay this morning. winds are increasing out of the north at 26 miles per hour in fairfield.

feeling the warming effect. throughout the afternoon hours, by noon we're talking temperatures we usually see as daytime highs. 61 at noon in santa rosa. now the future cast is starting to agree with me, which is promising. the high pressure is sitting in the great basin with an area of low pressure that passed through overnight. i think later today in los angeles we could see winds sustained at 60 miles per hour in the higher elevations in los angeles county mountains. right now winds are calm through southern california. the area of high pressure starts to slide to the south a little bit. 71 in fairfield. south bay, where we're not getting as much. you'll stay mild in the low 60s.

we have rain on the way. we'll show you when. we need the rain. let's check your drive with mike. we need rain and snow in the mountains as well. looking over here, we don't need anymore cars. the 15 registered at the l-street sensor. however, look at that. 50 just above where we see these turn to yellow in pittsburgh, bay point and concord over the next half hour. so there's still slowing for highway 4. maybe it's an issue for some folks. the volume of traffic is pretty good here. the toll plaza itself, no metering lights and hardly any backup at the cash lanes. you still have the advantage. cruise through.

this is what we expected to see. we'll send it back to you. >> 6:38. one year ago today president obama signed the don't ask, don't tell repeal. soldiers talk about what has changed and what hasn't. >> but first an update from washington on the payroll tax cut deadlock. get the technology they love, on the network they deserve. and video chat with up to 9 of your friends with the galaxy nexus by samsung, or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon.

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out today as law makes head home without a deal on the payroll tax cut that expires the end of this month. brian, good morning. >> good morning. they will ratchet up the pressure on house republicans. @ prosecute is trying to pressure house republicans to passing a senate bipartisan compromise bill to extend the payroll tax cut for another 60 days. republicans say it's not long enough and creates sun certainty in the economy. they are holding out for one year and say in the senate doesn't come back from vacation, doesn't do its work, they will be responsible for raising taxes, not the house republicans.

neither side is well in the move. but at this point, somebody has to give at some point or taxes won't go up. l coming up, we'll see what's up won't go up. l coming up, we'll see what's up s a tei at progressive, you can bundle your home and auto policies and save. don't worry, tiny people. flo is a gentle giant. bundle home and auto at progressive.com.

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today. the winds out there will just mess it up. throughout the next few hours the winds are expected to pick up into tonight if that's the case. it looks like the ridge of high pressure could be stubborn and not get out of here in time. it doesn't look likely. tomorrow morning will be much colder. enjoy the start. you're at 20 in napa. 21 in santa rosa. throughout the morning hours the winds will pick up. that makes for treacherous road conditions. winds are much stronger. but take a look at what a difference a day makes. 54 degrees in santa rosa. we'll continue to warm up once the sun comes out. that will be at 7:21 this morning. throughout the noon hour, temperatures in the mid to upper 50s in places like san jose because we're starting out so

much warmer. 11 degrees warmer this morning than 24 hours ago in the south bay. we have the concern for downed trees. we expect the winds to increase throughout the next 24 hours. we do rain on the way. it doesn't arrive until late tuesday into wednesday. we have the best chance to see that rain if you're waking up with us in the north bay or the north end of the bay area in general. marin county, you might get a little bit of rain. we're not expecting much and not widespread activity, but enough to bring the averages slightly up. we need the rain. next week is much more active. another system will roll through at the end of the week. let's check your drive with mike. >> being a holiday week, at least approaching christmas, we have a lighter volume overall. that's what we're seeing in livermore with a 15-minute drive. the early burst of traffic cleared from the westbound

direction. but eastbound we have a stall reported. right around the north flynn road. might be a little slowing there. hoping for a white christmas. can't help you there. but we're still bringing the skis now. except for one set of folk who is dropped their skis on 680. i don't know what kind. but hopefully chp can remove that from the roadway. but we are seeing slowing in the southbound side. there may have been a misreport. there may be a traffic break going onto clear from that side. no metering lights yet. so a move down to the peninsula. we still have construction going on northbound 280. no major slowing. just loop back after you pass

the exit and take it from the opposite direction north to san francisco. and we'll look at the south bay with some slowing showing up for 101 north of 680. 50s passing by the airport and then clearing into san jose and santa clara. so back to you. >> it's 6:49 now. we have an update on the small group of occupy berkeley protesters who are refusing to leave their camp site. good morning. some left but others did not. they are still here. in fact, there's about 70 of them out here in berkeley. anyone found violating the ordnance will be arrested and police will remove their property. this is an ordnance already in

the books. it wasn't until now the city decided to enforce it. they say police were using the batons. they september us a log of all the calls they've gotten about them including attempted rape. >> there's violence. most of us are nonviolence. this is a nonviolence movement. last night we were nonviolence. we that had to deal with that a lot, too. >> police just a short while ago told us they did not perform a raid. that no rain was planned on the occupiers.

only there was a conversation with the occupiers they took it certainly as a raid. more to come, i'm sure. i'm damien trujillo, "today in the bay." an as oakland city councilman not giving up on a resolution. they voted down a resolution to give them lee way to deal with demonstrators. the councilman says he will reintroduce the resolution. nurses at eight bay area hospitals are set to go on strike in about 10 minutes for now. the one-day strike in protest from sutter health. they'll picket proposed changes to the sick days. they will bring in replacement workers for the strike workers. >> sentencing for the master mind convicted in a sensational

south bay murder for high will be postponed again. he is set to be sentenced today for the murder of his business partner in 2008. the judge is expected to delay the sentencing so he can review a defense motion. he was left permanently disabled by an assault on opening day. earlier this week we got an exclusive look at stow. he was unable to walk and barely

able to speak. it's the very popular newborn powder. it has a lot number on your screen. zp1k7g. wal-mart says the decision to remove the product from more than 3,000 stores nationwide is cautionary. the baby was initially diagnosed with an infection from a very rare bacteria. ty product manufacturer says that that tested negative for the strain. one year ago today president obama signed the repail of the don't ask, don't tell policy. critics said changing the law would never work in the

military. but those now serving say most of the comrades accept the law and so far no reports of incidents like hazing or gay bashing. >> every one of my soldiers knows i'm gay. >> if you want to fight for the country, i don't care what you want to do. that's how it should be. >> some gays in the military have still no, ma'am come out, fearing the reaction from peers. the repeal has caught up with a navy tradition. historically they are the first to kiss a loved one. yesterday for the first time a female sailor kissed another woman. the partners both served in the navy and say the public display of affection could be a long time coming. about 60% to 70% of the plants in the states have been wiped out.

stores say it would cost about dplr 5 a branch. the small markup doesn't make it worth it. it's 6:54 right now. today show is coming up in a few minutes. here's ann curry with a look at what they're working on this morning. good morning. coming up on a thursday morning, we're following breaking news in iraq. at least 60 people have been killed in a wave of deadly bomb gds reeking havoc across baghdad. the fbi has intensified the search for a 20-month-old girl who vanished from her bed six days ago. what her distraught mother has to say coming thup morning. also where to find the most stylish holiday looks at affordable prices. we'll also head to the north poll e pole and check on santa's preparations for his yearly ride. you don't have to wait for a trip to the north pole. we'll take you there now. >> that's right. bob redell is live from north pole, alaska.

you're all bundled up, buddy. >> hey, guys. yeah, i'm sorry about the weird camera situation. when we got here we didn't realize santa would require us to use a local photographer. a local photographer. like this little guy right here. you get back now. hard of hearing. all the other elves of santa are inside the workshop churning out the toys. trying to get ready in time for christmas eve. they'll do a preride soon on the sleigh ride here. they'll hitch up the reindeer. i want to see how they're doing. there's dasher, dancer, prancer, vixen is in the background. comet, cupid, doner, blitzen. go back. go back. that's blitzen. obviously. and the other one is donder. really, how could i mess this

up? donder is the one with the fur. i should have known that. >> and what about rudolph? >> rudolph is inside charging his nose. he's got a special pen inside. he doesn't have to hang out here in the nice warm weather. i say warm, and i do mean it, yes, it's cold for the bay area. it's minus two. last year it was minus 40. so this is very mild for this part of the world. and what i was saying earlier? if it was 5 i would be in my speedo. yes, i would. yes, i would. >> not with that camera angle, buddy. how is santa doing? is he ready to go? >> did you say santa? he's ready to go. he's real busy right now. he's working on toys, helping the elves do last-minute coordination. later this morning he will open the doors to the children there are a lot of kids trying to get

in the last-minute requests. ipads, kindle fire, barbies and legos. >> a little bit of something for everyone. thanks, bob. always good to see you live from the north pole. >> i'm going to go find a c chiropractor. >> we have legos under our tree. look who is opening the new york stock exchange this morning. it is fed-ex. you would expect the markets would, i don't know, crash and smash like, i don't know, i'm looking for a metaphor. things are doing okay. dow industrials are up this morning. yesterday i mentioned the silly phone service. dial the number and you hear a song on the phone.

♪ i know you don't have a pencil to write all that down. google it. it's all over the internet. you'll find it. >> it's all up here, now. >> pretty random. >> very. let's check the forecast with christina loren. >> good morning. 54 in santa rosa. much more mild this morning. we take you through the "today show." up to 61 napa. by noon, rounding out the day with near record highs in santa rosa. let's check your drive with mike. >> we have a serious situation in fremont. northbound 880 is closed because of a multivehicle accident just north