a car chase ends with a bart officer in the hospital this morning. what we're learning about the suspect's connection to an earlier crime. our showdown over prop 8 in a san francisco courtroom this morning, what today's hearing could mean for the fate of same-sex marriage in california. good morning, everyone. it is monday, the 6th of december. i'm sydnie kohara and i don't know why i have this much energy this early in the morning. >> you are rockin' and rollin'. >> i'm juliet goodrich. it's 4:30 and we're on the air for you half an hour early, and we are ready to go. gusty winds, wet roads out there this morning, so be careful. let's get a quick look at weather and traffic. here's tracy. >> thanks, juliet. good morning to you. windy conditions will be a part of the forecast for today as

well as some leftover showers. let's take a look at your high definition dopplar and we do still have some light activity out there this morning. there it is. some of it in the north bay, moving just off to the northeast of santa rosa, more light showers in the fairfield area and more light activity moving in through livermore, fredmont as well as redwood city. showers will be in the forecast today and more showers are expected during your work week. we'll take a look at your seven-day forecast in just a few moments. in the meantime, here's traffic. >> reporter: thanks, tracy. there is actually some traffic going on out there. we have a wind advisory for the bay bridge. that was issued just after midnight. you can see the roads were a little slick out there as you approach the pay gates. not a whole lot of road work going on. a lot of times around this time of the morning until 5:00 we have ongoing road work. because of the wet conditions, not a lot of it now blocking left lanes. heading out of town heading up to the sierra, we do have chain restrictions on interstate 80, highway 50 and highway 88. you can see some trucks getting by there, but a lot of snow still on the ground. that is your traffic. back to you upstairs, ladies.

>> thank you. 4:31. a bart police officer is in the hospital this morning after a stolen car suspect rammed his car just before midnight. the alameda county sheriff says deputies stopped the suspect but then he rammed a deputy's car and took off. the suspect then ran a red light at bee and grant streets and collided with a bart officer's patrol car. that car was not involved in the chase. the bartkowicz officer -- bart officer is now at eden medical center with major injuries. the suspect was in a car that was stolen from castro valley bart station last friday. he's also in the hospital. we will have a live report on this story coming up at 5:00. it is 4:32. california's battle over same-sex marriage heading to an appeals court today. at issue is proposition 8, that's the voter-approved measure that limits marriage to male/female couples. mayor sayer is in san francisco. that's where a panel of judges will be hearing arguments this morning. mark, good morning. >> reporter: good morning. just a few hours from now attorneys on both sides of this

debate will meet here in the courthouse behind us. this is the u.s. court of appeals. a panel of judges inside the building will then hear arguments on the constitutionality of proposition 8. of course, it was two years ago that california voters approved the same-sex marriage ban, but earlier this year a federal district judge struck down that measure as unconstitutional, saying it amounted to a state-sponsored discrimination. it will be up to the appeals panel to decide if that lower court ruling will be allowed to stand or if it should be overturned. >> i would love to be legally married to kate, but -- and i would love for her to have my health insurance and have all of those benefits that marriage provides. >> twice now the people of california have voted to preserve and protect marriage as the union of a man and a woman. and that decision of the people of california is a legitimate and a constitutional act. >> reporter: now, this hearing this morning is broken up into two distinct parts. in the first hour, the three-judge panel will consider if the group who put prop 8 on

the ballot even has legal standing to appeal this case at all since it's not up to the group to enforce the state's marriage laws. in the second hour, the judges will hear, actually, about the constitutionality of the same-sex marriage ban itself. of course, no matter what happens here, people on both sides of this issue are fully expecting this could well end up ultimately at the u.s. supreme court. >> we will be able to watch those proceedings, right, mark, on c-span? >> >> reporter: live coverage on c-span, 10:00 a.m. >> mark, thanks very much. mark sayer in san francisco. an ominous warning head of today's special session of the state legislature. ugly cuts are coming. that's the word from governor schwarzenegger' spokesperson. today lawmakers will get down to business with a budget trying to agree on a way to close the $6 billion deficit. yesterday assemblywoman thee own a mall talked to cbs 5 about the governor's plan. >> we probably know what his cuts are going to be and he's already foretold that they're going to be drastic, ugly,

nasty cuts. so i think for us we want to see what our next governor is going to do. he is going to be there for the next four years. we want to see what his plan is short term and long term and work with him. >> governor-elect jerry brown will be taking over for governor schwarzenegger in about a month. time now 4:35. the parents of an antioch toddler shot and killed on his second birthday are due in court today. la queena madebglo and eddie nissan sentra are facing -- eddie car are facing charges of child endangerment. he and his 4-year-old brother were in a bedroom when the child was shot in the head. it's unclear who pulled the trigger. police say the mother just bought a gun and the dad loaded it and put it in a drawer. also in court this morning, a registered sex offender accused of sexually assaulting a 2-year-old girl in a union city dollar store. 36-year-old eugene ramos is being held without bail. police say he attacked a toddler when she wandered away from her grandmother and aunt for a minute. ramos has yet to enter a plea.

4:35. a missing hiker is recovering in the hospital this morning after spending nearly a week alone in the santa cruz mountains. debra collins injured her ankle hiking in a state park near fall creek. don map shows us how a casual suggestion from a stranger led to a rescue. and we apologize for that. we'll get you that story in just a few minutes. it is 4:36. tomorrow san francisco's board of supervisors will vote on whether to use eminent domain to take over four buildings stands in the way of the transbay transit center project. demolition work is in process on the old terminal, but the city needs to take possession of four buildings that are blocking a path for rail tunnels. the building owners are holding out for more money and a judge may end up setting a final

price. and let's go back to don knapp's package on that missing hiker in the santa cruz mountains. >> reporter: a twisted ankle left debra collins stranded for six days on an unmarked trail in the santa cruz mountains. until a twist of fate prompted two hikers who had already decided to turn back to make a last minute decision to check out an unmarked trail. there they found collins lying beneath the tree. >> oh, my god. it's like i'm in a dream. >> reporter: good news for the friends and family who been searching for the 58-year-old tri athlete who regularly runs in this park. >> he was going to hike anyway and thought he would hike here because he thought he might be able to do some good. he came from the completely other direction. >> reporter: collins was laying four layers of clothes when she went running on november 28th. after she fell, she spent six nights in temperatures as low as 30 degrees with no food and just the water she could scoop from a nearby creek with a plastic bag. searches by sheriff's deputies

and others around collins' home came up empty. saturday morning she had a hunch. >> my friend has a neighbor who's a psychic. it's crazy. so she calls her friend and her psychic friend says, well, i don't see any violence involved, and they see her in fox creek leaning against a tree. >> reporter: a little psychic guidance and whether it was giving folks cabin fever contributed to the rescue. >> this morning he wanted to go hiking and i said take one of our boys, they're getting stir crazy in this weather. go to fall creek and maybe you'll find the lady. and they found her. >> reporter: collins is being treated for frostbite and exhaustion. don knapp cbs 5. >> wow! a little psychic action there. >> exactly. good for her. let's get a quick look at weather and traffic. it's wet now and tracy tells us it may actually dry out soon. how's that for psychic powers? >> you know what? every now and then you never

know. high defgs -- high definition doppler busy out there. let's take a look at the light and scattered activity we have across the bay area. light showers moving in through redwood city, palo alto and fremont, moving into the livermore area. we have some pretty heavy -- we had some pretty heavy rainfall yesterday afternoon. we are still looking to some light activity north of girnville, some light showers near the napa and fairfield area. the showers are in the forecast this morning so the roadways will be wet. for a look at traffic, here's elizabeth. >> reporter: thanks, tracy. yes, this is the morning to take it extra slow. we've got rain, slick roads and windy conditions as well. 10 different incidents and it's not 5:00. we'll tell you about one of them, northbound highway 85 in san jose approaching camden. chp on scene now. it's a solo accident. it is blocking one lane. it is still early, though, and traffic still light. no big delays in the area. all your other approaches

there, or all your other roads in the south bay still look pretty good. a couple of headlights there on northbound 288 as you approach the 880 interchange. heading up towards concord now, this is a solo car crash. looks like another spinout involving a car into a ditch. northbound 680 at concord avenue, watch out for that. it sounds like all the activity is now off to the shoulder. if you're heading down towards walnut creek, southbound 680 flows nicely through the valley and westbound 24 no delays so far as you head towards the caldecot tunnel. we still have this wind advisory. they issued that overnight for the bay bridge. it's wet as you approach the bay bridge toll plaza and gusty winds reported by chp. that is your traffic. back up to you ladies upstairs. >> elizabeth, thanks very much. it is 4:40. facebook profiles getting a new look. >> you can see all the things that you have in common with that person. it's just like give me this amazing connection with that person. >> but not everyone may like

the changes. why the facelift is raising some privacy concerns. and paying big bucks for michael jackson memorabilia. what it'll cost to own a piece of the king ,,,,,,,,,,,,,,

we do have some rain showers in our forecast for today. temperatures about 57 with showers expected through the afternoon. 59 in san francisco, 60 in berkeley and 62 degrees in antioch. today is not the only day this week that's going to be wet. we've got your seven-day forecast coming up. >> tracy thank you so much. 4:43. the new facebook facelift takes effect today, but the site is already facing backlash over some privacy concerns. the palo alto company is redesigning the profile pages of its 500 million users. among the new features, pages begin with basic information like where you live and work or go to school. they also emphasize photos with rows of recent pictures.

users can also list their closest friends and share activities and interests. >> you can see all the things that you have in common with that person. it's just like it gives you this amazing connection with that person. and the way the current version of the profile that we have today just doesn't do. >> the new layout does not alter privacy settings, but some users are still concerned because the new page profiles do highlight more personal information. the new look is being rolled out today, but users won't see all the changes until early next year. also new this morning, a twist in google's efforts to buy the coupon website groupon. efforts have failed because groupon want to stay independent for now. the chicago tribune reports the website may look into an initial public offering of stock. it would have been google's largest acquisition yet worth about $6 billion. 4:44. a talk show host, a broadway composer and a former beetle

all among the great entertainers honored last night at the kennedy center in washington. these are highlights from the star-studded ceremony. >> reporter: jennifer hudson took the stage in honor of oprah, one of five entertainers receiving kennedy center honors sunday night. the center was filled with celebrities and washington's elite for the gala event, recognizing beetle paul mccartney, dancer bill t. jones, country singer merl haggard. >> we love you, oprah. >> reporter: oprah received tributes from stars on the big and small screens. >> on behalf of the women of america, we thank you. >> reporter: haggard teared up as he was recognized with a lengthy standing ovation. jones was honored with a dance performance by his company.

and hermann with a medley of his work. >> reporter: president obama sat next to the honorees and hosted them at a reception at the white house earlier in the day. >> it's my greatest privilege as president to honor the five men and women who have given our nation the extraordinary gift of the arts. >> reporter: the night closed with performances of several of the beetles' greatest hits. the audience joined in for "hey jude." the show will be featured on cbs later this month. kenneth gibson, cbs news. >> and you can see the kennedy center honors on cbs 5 on december 28th. so how much would you pay for a piece of the king of pop? somebody paid $330,000 this past weekend for michael jackson's iconic sequined glove. he wore it during the "bad"

tour in the 1980s. it was one of many pieces of memorabilia sold at auction in beverly hills. marilyn monroe's empty prescription bottles also sold for $19,000. it is 4:47 and it is close to a compromise. >> the fighting over taxes and jobless benefits may finally end this week. see who's benefiting from a possible deal. plus swapping your evergreen with a potted plant, how this christmas tree can make your entire ci,,

[thunder] did you buy the flashlight and the batteries? yes. did you make sure we're not missing anything in the first aid kit? yup. did you go through the plan with the kids again? yes. announcer: the more you prepare today, the more you'll be able to reduce the devastating effects of a tornado, an earthquake, a power outage, or any other disaster. get a kit, make a plan, be informed. visit ready.gov.

4:49. welcome back. democrats and republicans appear to be closer to a compromise on taxes. they're discussing an economic package to temporarily extend bush-era tax rates to all taxpayers and jobless benefits for millions of americans. both expire at the end of this month. federal reserve chairman ben bernanke supports the tax cut

extension. >> we don't want to take actions this year that will affect this year's spending and this years taxes in a way that will hurt the recovery. >> congressional leaders are trying to iron out just how long the tax cuts will continue. jobless benefits are likely to be extended for an entire year. 4:50. president obama calling on china to help ease tensions surrounding north korea. the white house calls the president -- the president called chinese prij hu jintao yesterday urging him to tell north korea it's provocations are unacceptable. north korea recently warned of consequences if the u.s. and south korea keep conducting joint military exercises. china's news agency says its president called for all sides to exercise restraint to prevent tensions from getting worse. leaders from iran and six world powers are meeting in geneva, switzerland today, hoping to resolve concerns of iran's nuclear program. the talks are the first in more

than a year, and no major breakthroughs are expected. just yesterday iran claimed it is now self-sufficient over the entire nuclear fuel cycle and has delivered its first domestic uranium to a processing facility. there are concerns, though, that iran's activities could lead to making atomic weapons. we are coming off of a pretty wet weekend. sunday definitely the wetter of the two weekend days, and for this morning we are still looking at scattered showers. most of them still relatively light. that's illustrated by the lighter shade of green that you see there. we're going to move in down to some parts just along the peninsula and the south bay. and what do we see? well, on the east bay some light showers in fremont, also in hayward, moving through livermore. we'll continue to move up to parts of the north bay. still seeing light showers there as well. just to the north at santa rosa and girnville, more light showers just outside of allejo and moving into fairfield. our forecast for this morning

will include showers and some pretty gusty winds. winds up to about 20 miles per hour. so as you head out the door this morning, you want to make sure you dress appropriately. nice coat, nice jacket, nice hat. gotta be concerned about the hair. our temperatures in the lower 50s, in the upper 50s this morning. for this afternoon, expecting those showers to have moved out. in fact, behind that partly cloudy conditions will build in for the afternoon and highs expected to be in the mid-50s to the lower 60s. so here's what we're watching. we had a frontal system and a low pressure system moving through the bay area. that's what caused all that rainfall that dumps on us yesterday -- dumped on us yesterday and evening. i was out in it. and we're expecting some clearing to build in back behind it, and that's why we're going to have a pretty decent day. a few leftover showers for the morning. windy conditions also expected for the morning and we're also expecting again a mix of sun and clouds to be moving in later on in the afternoon. and another round of showers moving back into the bay area wednesday and thursday. today's high 60 degrees in concord, 61 in oakland, 60 in vallejo, 62 in fairfield, 59 in

napa, 60 in santa rosa, 59 in san francisco, 58 in pacifica, 62 in redwood city, 63 in san jose, 62 in fremont and 61 degrees today in oakland. take a look at your five-day and also moving into the seven-day forecast, mix of sun and clouds tuesday. and then look at what happens, more showers moving in wednesday and thursday. friday we'll squeeze out some sunshine and temperatures moving up a bit. and speaking of temperatures, saturday and sunday highs near 70 degrees. yeah. check that out. plenty of sunshine expected for the weekend, and, again, some pretty decent temperatures. near 70 in december? we don't see that often. that's a look at your weather. here's a look at traffic with elizabeth. >> reporter: thanks, trisy. let's go out towards burlinggame. we have a live camera near the broadway exit. those headlights are heading southbound toward san mateo. it is free flowing in each direction on 101 and 280. it is wet and pretty gusty winds out there as we have seen a lot of solo car accidents.

chp working about a dozen right now in fact across the bay area. we'll go to our maps and show you one of them. northbound 85 approaching camden, we still have chp on scene. fortunately it is not causing any delay. it looks like it may be in the clearing stages now. it was blocking one lane, though, for a good hour or so. the rest of the freeways across the south bay look great. no problems coming out of downtown san jose. if you're coming up northbound 280. as you can see, traffic still very light right now, all the way up towards coopertino. we do have a wind advisory for the bay bridge, especially the upper. chp issued that early this morning. no problems approaching the pay gates. the san mateo bridge, once you get past the toll plaza, this is what it looks like across the span, about a 13-minute drive time in either direction. this is eastbound traffic heading toward hayward coming off of the high rice. and -- rise and no issues on the men nimitz freeway. those headlights heading southbound toward oakland airport. this may be a good day to use

mass transit. things on time. our radio partners kcbs 740 a.m. and 106.9 financial. that's your traffic. back to you. the first signs of flu season are popping up around the country. the state of georgia is already seeing a sharp increase in cases mostly among children. doctors there are calling it a regional outbreak. there is some good news, the cdc says the flu strains circulating so far seem to be a close match for this season's vaccine. and there's a nationwide recall of chicken salad because of hard plastic in the food. the recall affecting 72,000 pounds of canned chicken salad under the bumble bee label. that includes the complete lunch kit and the chicken salad with crackers. consumers have complained about finding loose pieces of plastic, but so far there are no reports of anyone getting hurt. just what you want to hear, right, before the holidays? a jump at the pump. get ready for the holiday travels being a little more expensive. the lundberg survey says the nationwide average for a gallon

of regular gas is $2.91. that's up nearly four cents in the past two weeks. here in california, though, you always have to pay more, the price is up by about a penny to $3.14. san francisco has the state's highest price at $3.19. and the cheapest? you'll have to go to fresno at $3.09. fed ex is ringing in the new year with a rate increase. they'll have to pay more for their gas as well. the package delivery companies raising shipping rates for ground and home delivery by by 5% beginning january 3rd. earlier fed ex announced it will raise prices for great delivery by about 4%. that increase also takes effect january 3rd. 4:56 now. people in san jose are fighting to continue one of the city's most popular holiday traditions. >> thousands gathered downtown yesterday for the 29th annual san jose holiday parade, but the 30th is in jeopardy because of the budget deficit the city can

no longer pay for the parade and the christmas in the park display. organizers are seeking more sponsors and calling on citizens to raise the $200,000 needed. information is at cbs5.com under links and numbers. and making your christmas celebration extra green for $80, you can rent a potted living tree, decorate it in your home. they're not traditional evergreens but have been selected because they'll thrive in the city. when the holidays are over, the friends of the urban forest will plant them on city streets. 4:57. some ugly cuts coming as lawmakers need to deal with our budget crisis. we'll tell you how it could impact your kids' school next year. >> reporter: a hayward bart cop is in the hospital this morning after being hit at up to speeds of 60 miles an hour by a stolen car. >> reporter: the future of same-sex marriage in california is in front of a federal appeals court this morning. i'll tell you what's at stake. and not only is it wet out there this morning, it's also

pretty gusty. take a look at those winds. sfo at 40 miles an hour, gusting as high as 40. daly city at 37 miles an hour, across the city at 35 in san francisco, ocean beach, 33 mile an hour wind gust. yeah. we'll take a look at the interesting forecast for today coming up. and that interesting forecast has already caused several spinouts on bay area roadways, and pack your chains if you're heading up to the sierra. we'll have ,,,,,,,,,,,,