family that will be reunited with pets. >> if you are traveling across the east coast, still a few showers lingering but the rest of the country looking good. no airport delays but we talk about the spare the air. we'll talk about that coming up. >> and also a live look outside, this is over san jose as we get things rolling on tuesday, december 24th, this is "today in the bay." >> good morning. merry christmas eve to you. it's 5:00. i'm peggy bunker. laura garcia-cannon has the morning off. the christmas spirit is alive and well in san francisco, and the heart of it this morning may be at lefty o'dooles in union scare where holiday toy drives are kicking into high gear. "today in the bay's" chase cain is live at the restaurant where the annual event just got under way. so chase, good morning. how is it looking there? >> reporter: well, they just opened the doors, so it is

early, it's early but give us time. we'll bring in a lot of toys i have no doubt. this is for the forgotten children of san francisco t last-minute toy drive, the last chance for you to make a difference for a boy or girl on christmas morning. this guy here is the one who came wake-up the idea. many years ago lee, how is it looking? is there a big need? >> there is. there is. every year there is a need. this year more than ever surprisingly because a lot of people in the middle class, you know, doing okay and the upper class we know are doing great. the folks at the bottom are just suffering. so, 10,000 toys would cover what we figure to be the sthortfall. from what we're told by the firefighters and by the other organizations, 10,000 toys would do nicely. as you're watching this, do you have everything you need? come on down, get an unwrapped new toy, get a good one, look at this thing, this radio flyer. i think somebody's bringing in toys already.

>> one more added to the barrel. >> you're going to be able to call up luxor cab. they will get your toy and bring it or you can drive by, we'll have people out on geary street at geary and union square, and they will take the toys from you. so no excuse. bring your toys. >> you couldn't make it easier. you can call a cab it will come for free and bring the toy, drive by, hand off the toy to santa's elvings. if you want come inside because they are going to have a party pretty much all day. the music, there is food. you're going to have a drink if it's not too early for you. >> he's got two snow machines  upstairs so tell your guys in the doppler desk not to worry, it's a stefl-created snowstorm here on geary street. >> perfect. we're even going to have snow here at union square. we'll be live for you all morning long. we'll send it back to you. >> love him. what a character. and a good point, too. cabs can pick it up.

thanks so much. >> 5:02. new this morning three women in the hospital after their suv struck two parked cars and crashed. this happened at alva traz avenue and sacramento street. streets were closed for several hours while police investigated the collision. all three women are treated for non-life threatening injuries. >> police are searching for a robber targeting small businesses. about noon yesterday police were called to the ups store near interstate 580. police say a man approached the sales clerk, handed her a note demanding cash, she gave him the money and he ran off. this less than a week after a robbery at the behind the door beauty supply store on hoppy yard avenue. tuesday night a man with a similar description produced a note demanding money before escaping on foot. >> seems people near eureka are resting up.

no one reported feeling a quake. the 4.3 quake happened about 38 miles off the coast of northern california there near eureka. while the police department said they did not feel the quake and did not get a single call reporting it. it happened about 2:30 this morning. the 49ers' final regular season game at candlestick park goes out with a bang. ♪ fireworks helped the 9ers faithful say good-bye to a place they called home for more than four decades. for many it was a sad moment with tears amid the joy. they did their part as well t 9ers, what they could to get the final regular season win. with atlanta threatening to score in the final minutes of the game bowman made a key interception running the ball for 89 yards, what a play. everybody was screaming. had about a minute left on the clock when this happened and sealed the 9ers' victory and

locked up a playoff spot. while this is a final regular season game at the stick, it is possible the 49ers could host a postseason game. the likely scenario for that is if the 49ers win on sunday against the cardinals and the seahawks lose to st. louis. both those events happen t 9ers clinch the nfc west and gain a first round bye. anthony slaughter is here for christina loren. wouldn't that be greet see them play one more game. >> it would be great. ing from st. louis and boston, st. louis, i spent time there, the rams -- >> fighting words, anthony. >> don't see that happening. don't let my st. louis fans hear that. get you outside and see what we're looking at. in the bay area we've got mostly clear skies, there are a few high thin clouds. it's not going to offer relief as far as cooler temperatures or rain unfortunately. it's going to be a bright day

and unfortunately another spare the air alert day. i want to show you what's happening in san francisco. it's still dark but you can see on top of the tower a flag and the flag is barely moving. i want to bring your attention to this because this is indicative of what you find with high pressure. very calm winds and not a lot to mix up the atmosphere. so that's what we have another spare the air alert. temperatures today, though, mild. very similar to where we were yesterday. we're talking about low to mid-60s around the coast. places like san francisco, even in the peninsula our warmest locations will come in the valleys. talking about the east bay, north bay, you see temperatures a few degrees shy of 70 degrees. and again, similar to what we saw for yesterday. not a bad forecast across the bay area. temperatures about 10 degrees above average for this time of year. >> that is amazing. a warm holiday. thank you. october is breast cancer awareness month. people with breast cancer know it's a year round struggle. a group of women want to make a year round statement.

garvin thomas has their story in today's bay area proud. >> reporter: sherry rush has a few projects she's working on. some bigger than others. there's the small task of unpacking the last few boxes after a move. then there's the big job of beating breast cancer. that's been on her to do list for six years now. >> i found a lump, ignored it for several months, and finally went in to the doctor and found out it was spread all over my body. >> reporter: she is fond of saying attitude is everything in the fight. well, almost everything. >> go, go! . >> reporter: there is also heather, debby, and heather. she's not sure she could have done it without them as well. >> that's the first time we met. >> reporter: it was two years ago these four women all from eastern contra costa county and

battling breast cancer found each other. their bond was fast and strong. and has quickly spread. the group they formed survivor sisters, now boasts 80 members on facebook. each woman giving each other the right support at the right time. >> i bow down to them. they are my heroes. >> reporter: the survivor sisters have given themselves a project. this one. deciding they want their special bond to do good for others as well, the women are now the driving force behind a movement to create a pink plate, a special interest breast cancer license plate. >> it's a dream. we've been working hard to get to this point. >> reporter: having little money for their effort, and even less political clout, it has been an uphill battle in sacramento to get the idea through the legislature. but, who better to overcome tough times than women who have done it, are still doing it.

>> all it does if it saves one life. one woman takes the time to get an exam, it's worth it. >> a great group. that was garvin thomas reporting. a san francisco family's kitten is coming home. jeffrey and his family adopted this kitten tuesday. he's sweet. they were going to name it storm and were supposed to take her home later in the week. but before they could do that, somebody actually stole the kitten from the shelter. the shelter release add video of the suspected they've, it offered another kitten but their hearts were set on storm. that's a good thing they held out because storm was found on sunday in the common shower area, get this, the key hotel on mission street. the suspects are still on the loose. >> we could find out new details about utah's fight over same-sex marriage later on this morning. amazing video of a dog rescued

from the icy waters off of a river on the east coast. what crews did. ♪ checkin' target off my list, ♪ ♪ last minute deals on toys and gifts. ♪ ♪ that's my holiday, ♪ that's my kind of holiday. ♪ wrap it up, pop, lock and shop, ♪ ♪ buyin' presents that i forgot. ♪ ♪ that's my holiday.

a major development in the high profile battle over san jose pension reform. a judge struck down a huge component of measure b that was passed by 70% of san jose voters in june 2012. the judge's ruling says taxpayers do not have the right to cut pensions for city employees. the union says the decision clearly sides with them, striking down the voter approved measure. the the city council members say the decision means they can take the money out of workers pay. both sides can appeal f. neither oblts in 15 days the decision will be final. >> santa arrived early for many

japanese investors. the nikkei 225 index closed at its highest in six years after eclipsing the 16,000 mark earlier in the day. that index has risen more than 50% in 2013, it's on track for its best annual performance since 1972. >> investors in the u.s. could react to this news. for a look we check in with jackie deangelest. good morning. >> good morning. futures higher after we saw stocks celebrating with more holiday cheer on monday. the dow and s&p 500 closing at record highs and having their best four-day win streak in more than two months. today, we're going to get data on new home sales and durable good, demand for big ticket items, and reminder it is a half day of trade for the markets ahead of the holiday today. the dow rising 73 points yesterday closing at 16,294 t nasdaq up 44 to 4,148.

meantime hyundai and kia settled claims that they inflated fuel economy ratings. the $400 million settlement covers 900,000 vehicles sold in the u.s. from 2011-13 model years. the owners can choose either a one-time payment or a lifetime reimbursement program under which they get a debit card. a court should rule on the settlement early next year. back to you and merry christmas. >> thanks so much. this morning at least 11 are dead as storms make their way to the northeast. forecasters say the freezing rain and ice will stop soon but cool temperatures will stick around most of the week. in maine crews are trying to repair power lines and clear branchs to bring electricity back to 100,000 homes. it's difficult to restore power because ice coats the lines.

the damage is so severe in some areas service will not be restored until friday at the earliest so think about that with the holidays here around the corner. weather put a stop to travel in the uk, look at this after heavy rain fell, it caused a lot of snarled roads, downed power lines and trees. that stopped trains on their tracks. >> get on a train, the train got stuck in the middle of a tree and we've been stuck all night since about what time is it, since about 1:00 this morning we've been stuck here. >> passengers had to wait until 7:00 a.m. local time for buses and taxis to get to the train and take them to their final destinations. they were not happy. ferries that arrived the day before had to stay overnight due to the stormy weather. so a lot of wild weather going on. we happen to have some of the most easy weather here. checking in with anthony slaughter. getting off scott free. >> seeing those, incredible to find out all of that stuff

happening across not only the country but the world. it's quiet across the bay area. we have been in an inactive weather pattern this past year. now on our first full month of winter the meteorological winter that s we have not seen as much rain as we could pick up this time of year. we're going to round the year off dry. right now we're basically looking at a few clouds. and winds are calm so that means another spare the air alert for today. because we're not going to see a lot of movement in our atmosphere for today. temperatures will warm quickly headed back to the south bay seeing 68 in san jose, morgan hill 69, the peninsula, mid-60s there, but again, plenty of sunshine even in san francisco, low 60s. similar to what we saw yesterday. our daytime high in san francisco 60, that's where we'll be at today. the north bay expecting mid-60s. upper 60s for mill valley, 68, 69. east bay and tri-valley expecting a mix of mid to upper

60s. not a bad forecast. if you are traveling today, perhaps you are headed up to the pacific northwest, we cleared out, we had showers move through seattle and portland. those moved out of the region. a few snow showers making their way through the rockies, the upper part of the rockies toward the central plains. off to the east coast, the showers moving through yesterday, those have pushed off the coast, we have a few lingering snow showers across the great lakes, but otherwise it looks like the rest of the country remaining quiet so if you do have to do traveling today i don't think the weather is going to offer headaches for you. high pressure remains in control here at home for the next few days, again with the sinking air you're not going to find a lot of air movement, winds remain calm. that's where we have the spare the air alert. not only today but that's going to continue as we head through christmas. your air quality forecast remains in the unhealthy category even for christmas, the unhealthy category will be in place through christmas, not

only for respiratory folks who suffer from ailments, asthma or something. it's for everybody, you can see they have issued that alert even through thursday it's high. the good news if there is any in all of this, by friday our levels should come down back to a moderate category. still, that's not really good considering we've been in 12 spare the air alert days for the past couple of weeks. the california christmas forecast, mid-60s in san francisco, near 70 degrees in san jose. even at lake tahoe expecting low 50s there. >> that's a california christmas. the state of utah is trying to stop same-sex couples from getting married this morning. utah is waiting to hear about whether the state can put same-sex marriages on hold while it appeals a lower court ruling. on friday a judge declare the voter approved same-sex marriage ban unconstitutional. the holidays can be an exciting

time for pets. from new smells to lots of people coming through, but it can be dangerous for cats and dogs. it's important to keep an eye at paw level. >> there is a lot of interesting stuff around the house at this time of year. but, what's a treat to some of your guests may be very dangerous to the animals who share your home. just ask the companies who sell health insurance for pets. >> they see a 285% spike in the calls related to chocolate ingestion in that week around christmas and new year's. >> lilies, poinsettias, holly. >> it's not just candy. from plants to table scraps, to decorations on presents. >> the list is so long i couldn't name them all. >> why professionals recommend that you avoid the internet for information if you have a concern, and consult with your vet or the aspca's 24/7 poison

control center. new shiny decorations hanging from a new place to investigate. can quickly become dangerous and costly. >> the bills for your animal ingesting something can easily be more than $1,000 depending on what they ate, how fast you noticed it and how toxic or dangerous that is. >> though water in a tree stand can be harmful to drink as can more palatable lie bagss. a cup on the floor is an inviting temptation to those who don't know when to say when. >> and they don't know enough to moderate themselves and have a taste. they tend to drink a lot if they try and drink it. >> that can be a problem for all sorts of visitors this time of year. kurt gregory, nbc new. >> we all love our pets. imagine if this happened to yours. dogs are more than happy to be man's best friend. this dog needed a favor in

return. look what happened here in massachusetts, a firefighter had to risk his life to save crosby who had fall tloon the ice in the charles river. he jumped in with a rope around his chest and swam toward crosby who was swimming in circles. he was about 50 yards off shore. the dog was struggling to stay afloat. with the help of the second firefighter they were able to make to the shore. look at that grateful face. crosby doing okay. heroic firefighter there. we continue to keep an eye on santa as well as he makes his way around the world delivering all of those presents to good boys and girls. plus, secret santa made the holiday bright for dozens of families.

here we are christmas eve

working away and you know we are not the only ones. let's take a look. they observe a space walk under way now, these are live pictures out there doing a fix on a refrigerator component. we'll keep you posted there. it's under way. one of those plays that you have to see to believe, nnl goalie scoring on himself losing the game. check this out. mike smith tries to stop the puck last night. watch this. puck in the air, smith doesn't realize it. lands in the back of his pants. he moves back in the net to prevent the goal but scores the winning goal on himself. coyotes lost, 2-1. street credit there, gone. i can imagine that locker room after. a christmas miracle means dozens of kids in kentucky get gifts this year. a well known louisville sports figure who wished to remain anonymous paid off thousands of dollars in lay aways at a local

walmart. almost 170 families missed the deadline to pay for items, that's when a local sports figure visited that store and wrote a check for $13,000. >> i got the privilege of telling them, and it was more emotional than i expected it to be. because i cried as i was telling them. >> you would, right. the secret santa's only wish was for people to pay the gift forward. he told the store managers he got the idea from a friend in florida. >> we are keeping an eye on santa this morning, norrad streaming a live feed. let's look here. you can see his location appears to be above the northern territory. santa looking small there but he had breakfast, roll call with the reindeer, went to the front of the pack with the nose of his, and we're watching out because santa has a big job. we'll check back in with norad.

locally we want to check in with our meteorologist, anthony slaughter. a lot of people think the holidays, christmas time, they want a fire but no go. >> unfortunately think spare the air ban does ban firewood. logs you would put in the fireplace because we have the spare the air alert in effect. it's because we have all of those pollutants trapped at the surface. so unfortunately, another spare the air effect is issued for today. i think this is going to continue through christmas, so unfortunately there is a ban on burning that firewood in your fireplace. you can go to fair the air.org to find out the details what you can and cannot burn. they do like to you follow the rules. it's illegal to burn so you could be fined if you are caught doing it. back over to you. >> thank you so much. right now 5:26. west san jose's mayor is

appealing a $1 fine handed to him by the state. doesn't want to pay it. plus a decision that could determine whether an oakland teen declared brain dead will be taken off the ventilator.

we heard a shatter. it kind of sounded like a bottle. >> families lined up to take pictures with santa scared off by a jewelry store robbery feet away from the line. the smash and grab at a south bay mall that sent people running. san jose police releasing video of a car that went crashing through the front of an east side walmart retailer earlier this year. >> temperatures today warming back in the mid to upper 60s, however, we have another spare the air alert in effect. we'll detail your forecast. >> taking a live look at the festive tree decorated. this is san francisco. it's a little dark. maybe some sleeping in. this is "today in the bay."

good morning to you and merry christmas eve. 5:30 straight up. i'm peggy bunker. laura garcia-cannon has the morning off. breaking news this morning out of the south bay, a pedestrian is in the hospital with major injuries this morning after a hit-and-run crash in san jose. the happened before 1:00 this morning at the intersection of bascom and scott street. police say the driver hit the pedestrian and took off leaving the victim lying in the roadway. the victim is being treated at valley medical center and so far no arrests have been made. >> police are investigating a violent mall robbery steps away from lines for santa and kids waiting to meet him. this happened in the middle of the east ridge mall last night. witnesses say a man smashed a

glass case and made off with several pieces of jewelry. it happened next to the line of parents and children waiting to meet santa. >> when this other man turned around he had a light gray sweater, had like a black nylon over his face so as soon as i seen that we started running. >> witnesses tell us some stores did shut their gates, told to shelter inside. other shoppers say they were ordered out of the mall. however, the mall's operations manager said the mall was never evacuated. the suspect has not been identified or arrested. new video of a car crashing into an east san jose walmart. police posted this hoping it will help find more victims or witnesses after this incident. take a look, you can see the car crashing through. it's a red oldsmobile crashing through the walmart nearly striking shoppers. four were hurt in the crash.

the 33-year-old driver then got out of the car and behan attacking customers. he wuss tackled and subdued. police say he was under the influence of drugs. this is not the first run-in with the law. this is in december last year. he crashed his car through the front of a convenience store that was attached to a car wash. no one was hurt in that incident. new details in the legal battle over an oakland teen declared brain dead. doctors will release findings on jahi mcmath's brain function at a hearing this morning. yesterday a judge appointed the chief of pediatric t family attorney asked for a third evaluation by a professor and past president of the catholic medical association. the judge has yet to make that decision. the girl has been brain dead

almost two weeks. >> happening now the christmas spirit is alive and well in san francisco. the heart could be at lefty o'doole's in union square where last pnt toy drives are under way. chase cain is live at the famous restaurant. so chase, they hope for about 10,000 toys in one day. >> reporter: 10,000 toys, they say this that is an achievable goal. can you hear that? they have the entertainment going. see is playing. listen to that for a second. ♪ merry and bright >> reporter: what a voice preston has. if you want to hear him live and in person, come down to lefty o'doole's where they will collect toys all day long, all the way until last call at 2:00

a.m., that's how long. nick, to the owner how big is the need? >> we heard 12,000 kids may wake up without toys. we need your help. come by, drop off a toy or go online to lefty's toy drive.com for you techie people and donate there. we like you to come by and enjoy the music and get the spirit of christmas going. >> we have the spirit of christmas. she has her santa hat son. people can drive by and hand off toys, they don't have to get out. >> drive right up, we'll send an elf out there, pick up your toy and thank you sew very much. >> thank you so much. we have a little bit of a start on some of the toys but certainly a long way to go all day long.

come out. it's a great cause. we don't want any kid to wake up without a toy under the tree. >> if you are conall day good to know. 5:35. checking in a good because if you don't have time. >> any way you can do it. get it in there. right now clear conditions for the most part. we have high in the clouds. i want to take you into the bay bridge. one thing we're looking at. we have a few min clouds but no nothing to report of. if you have to use afling you are good to go on this christmas eve. a mild day expected. lots of sunshine, mid-60s by noon, going to make it feel very warm even in the peninsula with calm winds, low 60s, and the sun will feel close to 70. and san francisco, closer to 60

but you know if you live in san francisco, if it's bleezy and sunny it can be deceptive. today no strong winds. calm with sunshine. in the north bay, east bay and tri-valley, similar situation. though cold to start in the north bay, mid-30s there. even in the tri-valley and the east bay expect a mix of 40s to start and eventually back in the 60s. clear skies all day long. a few high thin clouds you can see. these are thin clouds because of a cold front that is washed out so this is not going to impact us a lot. we're going to see clouds move in and move out quickly. with the area of high pressure it acts as a lid. it looks like we're going to continue this trend through thursday and friday with unhealthy air quality expected. the good news, christmas is tomorrow. you have one more day. san francisco 66 tomorrow, san jose, 70 degrees. about 10 degrees above average

for this time of year. >> thank you. san jose mayor chuck read is appealing the state's fair political practices commission. they had a ruling that resulted in a $1 fine for him. the commission reads, and the committee used 100,0$100,000 to rose herrera elected. late ter commission determined that reed did not commit the violation intentionally and fined him $1. now according to the mercury reed is appealing that fine hoping to recoup lawyer fees and clear his name. the drunk tank at the county jail was full overnight following the final regular season game for the niners. the san francisco police department says 33 people were arrested for various things including public drunken ness or trying to steal stadium seats. in addition 81 were effectle

from the game. officials at the jail says it fills up like this on new year's eve. >> saying good-bye to the landmark as the 49ers played their final regular season game. fans had tears in their lies. thousands bid farewell to the stick. ♪ >> the 49ers leave candlestick park with a bang, fireworks, and a victory on the field. the faithful soaked up every second. >> 30 years of throwing confetti at playoff games, at super bowls. >> fans like anna marie cried, sad to say good-bye. >> we've been crying all day long. i met my husband here 30 years ago. >> go niners! >> with police keeping an eye

fans let it out for the game, treasuring years of memories. >> tailgating, family, it's wonderful. i'm going to miss this a lot. >> it brought signs and special uniforms. >> joe montana says bittersweet. >> the ding says it feels like a family is being attorney apardon. >> it's like a family now. we're all a family now. >> i don't have -- we'll see what happens. >> the action on the field followed another candlestick tradition, tailgating. >> it means the end of an era. my dad brought me to the first game, the playoff game in 1971. and now it's going on to a next jenngeneration generation. >> we're all going to there be first game. absolutely. >> jean elle, today in the bay. >> the south bay kid and picked.

we'll introduce you to the bay area bob sleter going for gold.

good morning to you. it's certainly coming down to the wire to get your holiday shopping done. if you are scrambling some positive economic news. the commerce department says consumers have more money and stores are offering deep discounts to try to get to you spend that on christmas eve. danielle leigh is live in washington with more. >> there is another reason that we're seeing these discounts. there is a catch to that report from the commerce department. while they said that consumer spending was up in november and

income was up, we're hearing there was quite a bit of a drop-off in december. shopper track says in the last week leading up to christmas, sales down by more than 3%. on super saturday, the last saturday before christmas, traffic was down 18%. so retailers are pretty hungry for the holiday sales, and they are going to offer big discounts if you happened to need to do shopping today. in addition i'm hearing from retail experts that december 26, also 28, the saturday after christmas, are going to be great days for sales, a good day to go out if you get those gift cards. >> thank you so much. new this morning, the high treason case against pervez moo shar everybody was delayed, an explosive device and two guns were found near his home. the case was delayed until january 1. the charges stem from his decision to fire and arrest judges in 2007 after declaring a

state of emergency and suspending pakistan's constitution. >> in the philippines hundreds of people gathered at a damaged church for a christmas eve prayer service asking for recovery from the typhoon. the building's roof had not been fixed after the typhoon, rain could be seen coming through the roof still, that typhoon left more than 7800 people dead or missing, more than 4 million people displaced in the storm. a joyful sound. performing beethoven's ninth sympathy. the performance is a celebration to mark the new year. some of the choir members lost loved ones during the disaster and so the group stopped performing. encouraged by the reconstruction they decided to get back together. about 1,000 people gathered yesterday to listen to their

performance. happening now astronauts aboard the international space station on a space walk. this is happening as we speak. they are looking to repair a critical cooling system. during the first walk they began replacing the part, they are expected to finish that task today. astronauts will be back out tomorrow work on christmas day like a lot of us, last week's malfunction cut the cooling capabilities in half. managers have been forced to shut down non-critical systems. in the meantime need to see them out there doing that job. also getting a look at the situation, we sort of need our own cooling system because boy, it's toasty. >> actually got this map to make you feel more cool. taking a look at some of the snowfall across the lower 48. 44% of the u.s. is covered in snow and expected to have a white christmas. you can see all of the blue on

the map. from texas panhandle and north for the middle of the country, everybody in snow, illinois, indian arks the new england state, the only folks without snow, down toward the southeast, the southern parts of the united states and over toward the west here in the bay area. you can head up to tahoe, that's always a great destination place. looking at clear skies for the most part. a few high thin clouds, you can see in san francisco the christmas lights dancing and the east bay now, we have fog, we expect this to stick around all morning long. not expecting to see any clouds really dampen the mood. it's going to be a bright day. back in the mid to upper 60s, from san francisco, 63 to the peninsula 65 and the south bay 67 degrees. we've got elves in the back moving the cameras trying to find santa. today, what you'll find is we

have mid to upper 60s for really every location, lots of sunshine, san francisco the coolest, the peninsula mid-60s, even san jose expecting 68 degrees for today. north bay 66, napa 68, the east bay 66 and oakland and the tri-valley at 64. high pressure will be with us. the mild days will continue. at least through christmas. by thursday and friday this area of low pressure will break down, allow an on shore breeze that will help ease some of our spare the air alerts. sticking around here for your california christmas, your forecast, looks really good from 52 to 70 in walnut creek. you can't complain with a forecast like that. hope you have a good christmas. >> you certainly can't. thanks. san francisco is ready to make a bid to host the next america's cup. mayor lee sent a letter to race

organizers. since team oracle won this year's cup it's up to them to determine where the 2017 race will be held. when san francisco hosted this year it did end up costing the city more than $5 million. san jose's sixth-graders getting attention after lebron james picked him to design his next nike t-shirt. the boy submitted weeks ago but yesterday king james announced that the boy was the winner. it took raul 45 minutes to design the shirt but a lot of thought went into it. >> i started without a message not one not two, i put in the two championship rings, i put in the logo and had the shoes. and i put not given, earned. >> that's a good looking shirt. nike is selling it for $30. it will be in stores soon.

raul also won new equipment for his school's p.e. program and a trip for him and his family to go to a miami heat home game. well done. >> the countdown to sochi is on. we are just 44 days away from the start of the competition. and you may not think of the bay area as a hot bed for bob sledding. consider this. three of the 14 u.s. men on the national team live here in the bay area. janelle wang shows us one team member. >> at first glance the california health club in pleasant hill may not look like a place olympic athletes train. it's no nonsense and far from the high tech olympic training centers. but chuck berkeley is not your ordinary olympian. at 37, he's working harder than some younger competitors. and using his age as an advantage.

>> strength training, speed work and those things that developed in the last 20 years, i do what works. i consider myself fortunate to be able to do this at this level, be competitive, beat up on young guys that live there full time. >> reporter: named to the bob sled team in 2007 he completed in the four-man of the 2010 vancouver olympics, those games ended in heartbreak when his sled flipped. >> the first thing you think, this is scary. really scary. and painful. then as you come to the realization of what's happening you realize man, this is my olympic games, it's probably over. it was. >> reporter: he left the sport for a couple years, then returned last season ready for redemption. >> it ended prematurely for me so that's a big reason i'm coming back. i want a result next to my name. >> he is enduring this rigorous training, helping to raise his daughter. >> i'm going to miss you guys. >> i'm proud of him. he has been training a lot and

he has been doing as hard as he can to get the exercise he would need. >> very cool. that was janelle wang reporting. the final team will be named next month. berkeley is confident his name will be on the list. facebook making a deal with a major mobile carrier. plus, it's christmas eve. children already snuggled up in beds waiting for santa claus. we'll look at where jolly st. nick is right now.

most americans have an extra day to sign up for obamacare.

for california a deadline passed. it stuck to the deadline even after the government gave an extra day to sign up. the group's executive director says extending the deadline would encourage people to wait until the last minute today. an exception will be made for those who started and unable to finish. the covered california says it will determine on a case-by-case basis which people qualify. people who complete their application by the deadline will be insured on january 1. more than 400,000 californians enrolled. new fallout after the target security breach that affected 40 million customers. the general counsel met with several state attorney generals to address concerns over the data breach. target faces at least 15 class action suits, two u.s. senators want the federal trade commission to investigate the incident. facebook for free, the social media giant reached a deal with a popular cell phone company to give more people access to its site on the go.

tee mobile's go smart mobile is offering unlimited facebook to all customers, even those who do not have a monthly data plan. starting in january, users can download the app and then use it for free. facebook says more than half of all users access the social media site from their cell phones. >> 5:55, a look at the forecast here. we head into the rest of the week. anthony it's looking warm. >> it is. in fact, about 10 degrees above average in san jose where we expect through christmas, temperatures will cool through the weekend. it's going to be a mild week again running above average through christmas. right now we have a few high thin clouds. not really going to affect our weather a lot by 9:00, these clouds will be out of here. we'll see a bright day across the bay area. temperatures above average. the mid to upper 60s, and san francisco low 60s, and the warmest location off to the north bay. as i mentioned san jose about 10

degrees above average and the warmest wednesday and thursday. again unhealthy air quality tags along with this one. fortunately, sunshine, a good thing but we could use rain. we don't have that in the forecast at least for the next seven days. >> could even make it to the new year maybe. england's youngest royal is spending his first christmas ever at an estate owned by his great-grandmother queen elizabeth. prince george will join the family as they eat and go on a hunt though we have not had official word on which events the baby will take part in. according to tradition the family exchanges small gifts, they open them on christmas eve, not christmas morning. prince william's in-laws will not be there since the couple sent last christmas with kate's family. santa is up in the air delivering toys. we've been watching all morning. let's take you live to a look at

norad's santa tracker. santa is over japan. he's just passing over osaka as we speak. he has 900 million presents delivered, already covers australia. boy, he's had a busy morning as santa does but he is prepped for that. reindeer in full form. so he is on his way. >> right now, annual tradition playing out as we speak in san francisco. lefty o'doole's collecting last minute gifts for kids. we'll see how things are going. plus, man's best friend pulled to safety after falling into icy water. we see these every year. we'll let you know how this retriever does.

>> you should not do this. this should be the little crime-free zone. >> a jewelry store splash and

grab steps from kids in line to see santa. >> going to take the niners to the playoffs. >> did you see it? gone, gone, gone. with the win to booxt 49ers say good-bye to candlestick in style and hello to the playoffs. an early top of the morning to you as we look at the toy drive happening now in san francisco. we're going to tell you about this last-ditch effort to make sure every child has a toy under the tree for the holidays. >> looking at clear skies for the most part on your christmas eve. lots of sunshine expected here and we are talking about temperatures running about 10 degrees above average. mid to upper 60s here on your tuesday. >> and taking a live look outside right now, boy, could you hear the cheering last night from candlestick park. that's what we're looking at. we get things rolling on this tuesday morning, december 24, this is "today in the bay."