t they your realtime captioner is linda marie macdonald. first the raid now reoccupation. "occupy sf" protestors defy police orders. what they plan to do next. >> they need to get rid of her. she is absolutely outrageous. >> the fight to oust oakland's mayor from office just picked up steam. the big victory for jean quan' opponents. >> and good morning, everybody. >> good morning. [ laughter ] >> it's thursday, december 8. >> we are going to be a half beat off probably the whole morning. >> you know, it's the end of the week. we're hanging in there. hi, everybody. i'm frank mallicoat. >> i'm elizabeth wenger. grace has the morning off. time now 4:30. >> it might be funwatch because you never know what's going to happen.

>> that's true. >> i'm dead tired. [ laughter ] >> i'm drugged up from a cold. >> you work a couple of nights filling in. so now you're working mornings, too. >> i don't even know what time of day it is anymore. outside cold temperatures early on again this morning. patchy ground fog in santa rosa, 34 there and concord 33 livermore. we are looking at another nice afternoon with hazy sunshine but it is a "spare the air" day in the bay area. gianna. >> use mass transit probably the best bet. live look at 101 and trimble. roadwork out 880, details in just a few minutes. thank you. 4:31 now. "occupy sf" protestors still have their eye on justin herman plaza. >> but as of right now, the tents are down. our anne makovec is live in san francisco with the protestors' next move. good morning. >> reporter: good morning. certainly a different scene here behind me at the plaza than what we have seen for the

last two months. there are some people in sleeping bags as you can see alongside of the plaza. but as elizabeth mentioned, no tents. now, this was the scene last night when protestors tried to retake the plaza causing a standoff with police. officers encircled those who entered and other protestors formed a line around the police line. police eventually backed off. it was a tactical retreat they say. this confrontation follows the police raid yesterday morning when the city removed 14 2/10 at the 142 tents that had been there for over two months after communications between "occupiers" and the city broke down. >> we are in violation of local ordinances by being here. but we are protected by first amendment and human rights. >> reporter: the city spent most of yesterday cleaning the plaza. mayor ed lee says the "occupy"

encampment has cost san francisco almost $1 million. so the next step here for the "occupy" movement we're not sure of it at this point. they are regrouping but as one occupy member said, at least with the encampment gone, it kind of takes away from that distraction and they can get back to the general occupy goals which are antibanks. ed lee says the "occupy" protest at justin herman plaza cost san francisco nearly a million dollars. the price tag for police is about $400,000. damage to justin herman plaza is estimated at $50,000. still got a lot of work to do there to clean it up. 4:33 now. oakland police are providing a new look at their activities during recent "occupy" protests. the department is posting audio and video files on its websites and transcripts of calls to police and police radio communications. "contra costa times" reports

the department is reviewing the police response to the protest. this morning, an effort to recall oakland mayor jean quan is heating up after clearing a key legal hurdle. the petition now meets the requirements of the election codes following several rewrites. now they can collect signatures from oakland residents. >> we know the signatures are out there and the only thing we have to do is reach those people one by one until we get 20,000. >> they have until may 14 to get the signatures. petitioners accuse quan of incompetence citing problems like escalating crime and indecision about "occupy oakland." quan says the last thing we need is a divisive and expensive recall election. the family of a toddler injured in a mass shooting in oakland is pleading for more time to doctors. the doctors say he is brain- dead and they are seeking to end life support. but the boy's mother says while her son is still in a coma, he

is moving his hand and showing some other signs of life. >> when his dad comes in the room and talks to hiram, hiram blood pressure goes all the way up. when he leaves out the room, it goes right back down. that shows me my baby is fighting and if they give him time he will come home. >> hiram was shot in the head 11 days ago when suspected gang members opened fire in a parking lot where a music video was being shot. his second birthday is december 28. new this morning, someone may have poisoned two-family pets in san francisco's inner sunset. tests by vets show traces of methadone in a puppy who died sunday night. officers say the puppy and cat both got violently sick in their family's backyard on 15th avenue earlier and they had to put cat down. she says both animals exited symptoms of poisoning. more tests are scheduled to determine the cause of death. in the east bay a police

pursuit ends with a crash. pittsburg police are investigating what happened last night. they say they tried to stop one of the cars but the driver took off. a collision ended the chase and two people were taken away in ambulances. san jose's police union has tentatively agreed to continue a 10% pay cut for another year and a half. that is to prevent more layoffs. officers and other city workers took the pay cut earlier year to help close a $115 million budget gap. even with the paycuts, 66 officers and hundreds of other workers were laid off. i know a guy who is going to have two aquarium sized cups of coffee this morning. >> i'll have warm tea and honey. >> that will work. >> super vente, that's what i need today, something very large to keep me awake. out the door another cold start to the day, patchy fog and ground fog in the santa rosa area. visibility to a quarter of a

mile. outside chilly in napa, check it out, 29 degrees. 33, just hovering above freezing in livermore, 37 in san jose. high pressure holding on here. that means we're staying nice and dry but we have these cool temperatures, mild by day, cool in spots. you're looking at numbers up in the 50s and a few low 60s as we head in toward the afternoon. expecting some changes though in the next few days. looking pretty much similar into friday and the first part of weekend. but the latter part of the clouds begin to roll back in as a weak system slides in toward the bay area, i think temperatures will stay fairly cool around the bay area. partly cloudy toward wednesday too. i should mention also a "spare the air" day today. gianna? >> thank you, lawrence. use mass transit. in fact, if you decide to take bart, muni or caltrain, everything is on time so no delays to report. ace and your ferries also doing fine. on the roads so far, so good. a good time to be on the roads. no delays at the bay bridge toll plaza. metering lights are off. and you're clear all the way into san francisco.

now, we do have some roadwork, 101 both directions, there are full freeway closures alternating both sides and there is a detour in place between embarcadero and oregon expressway. that in effect at least until 5:00 so plan ahead. also south 880 between old bayshore highway and 280, roadwork alternating lanes through there. that will be there at least until 6:00. we'll take a look at the getting golden gate coming up. right now back to you. >> thank you. today a federal appeals court in san francisco will hear arguments on a couple's issues involving proposition 8. supporters of the ban on gay marriage want the court to block release of videos from a trial last year. that trial, judge vaughn walker ruled prop 8 unconstitutional. today's supporters of the measure will also argue this walk her a conflict of interest because he was in a same-sex marriage himself. the leaders of france and germany are trying to sell their plan to save the euro to other european leaders today. standard & poor's put the

european union on notice today. the ratings agency warned the aaa rating of all 27 countries in the eu could be downgraded if they don't solve their debt crisis. european stocks opened higher today as investors hope this week's european union summit will produce a plan to fight the continent's debt crisis. asian markets were less hopeful and they did fall today. and wall street was mixed yesterday. the dow added 46 points while the nasdaq lost a fraction. short and simple. the new plan to clear up the confusion with credit cards. also ahead... >> mind if we come in? >> tv's "mythbusters" gets busted. how they're making amends for shooting a cannonball through an east bay home. >> and penn state's former assistant coach waking up in prison this morning. the new charges that had him handcuffed at his home. coming up. ,,,,,, ,,,,,,,,

following its cannonball misfire.

the show's hosts toured the damaged homes in dublin yesterday. they promised houses the cable show "mythbusters" is on damage control. they toured two damaged hold in dublin yesterday. they promised homeowners their houses will be repaired. they fired a steel cannonball yesterday, went through a house, hit two rooftops and crashed into a minivan. the host says a muzzle lifted and they overshot the target. >> this is the worst thing that's happened on our watch and we'll make sure it doesn't happen again. >> the "mythbusterss" are smart guys but i can't imagine that in residential we are allowing them to shoot off cannon. >> alameda county sheriff's department has worked with the "mythbusters" show for the past 7 years and allowing them to shoot episodes at that dublin range. the host says this week's misfire will be cut out of the show. richmond is allowing several medical marijuana dispensaries to operate despite a federal crackdown. the city council has approved

permits for three pot clubs. earlier this year, top federal prosecutors in california said they would move to close down most state dispensaries. >> muni officials will answer questions from san francisco supervisors about spending on overtime and outside work orders. muni is under pressure to rein in costs. supervisor david campos says belt tightening could help fund a program he is pushing to provide free youth rides. the alameda county waste management authority meets today to talk about mandatory recycling plans. the goal is to recycle or compost 90% of waste materials by 2020. the tribune reports the number of cities are concerned about the cost of reaching the goal. this morning lucky supermarkets report more than 500 of their customers say they may be victims of fraud and also added a san leandro store to the list bringing the total number of locations in the bay area now to two dozen. lucky said last month thieves

installed devices called skimmers on self-checkout lanes designed to steal credit and debit card information. there is a new push to make it simple and easy to understand those credit card agreements that you just throw out. the consumer financial protection bureau is testing a new prototype agreement. it's supposed to be shorter, written in a language that you understand. the white house says the recent study shows about two-thirds of credit card users say they don't understand the credit card terms. the middle class here in california is a shrink group. >> they are no longer in the majority in the state. the public policy institute of california finds just under 50% of californians are now middle class. that's down from 60% three decades ago. they are in families making between $44,000 and $155,000 a year. about 36% are now lower class. and 13% are upper class. 4:44. alec baldwin you heard about

that? >> i did. he's always kind of got a little scandal go on. >> he finally apologized for getting kicked off the american airlines flight but he isn't sorry to everyone. >> and staying behind the counter. the surprise decision keeping the morning-after pill away from young teens. you wouldn't take [ indiscernible ] with you, that's what i'm saying. [ laughter ] >> apparently it's too much even for vegas standards. why sin city is urging people to be a little more discreet. something moved in we haven't seen over the past couple of days. we have some patchy fog outside and chilly temperatures to go along with that. how warm will we get today? we'll talk about that coming up next. ,, ,,,,,,,,,,

how do you know which ones to follow? the equity summary score consolidates the ratings of up to 10 independent research providers into a single score that's weighted based on how accurate they've been in the past. i'm howard spielberg of fidelity investments. the equity summary score is one more innovative reason serious investors are choosing fidelity. get 200 free trades today and explore your next investing idea. football coach jerry sandusky is behind bars, facing new charges molestation. welcome back. it is 4:47 now. this morning, the former penn state football coach jerry sandusky is behind bars facing new charges of sexual molestation. police rerested sandusky yesterday after testimony from two new accusers both saying

they met sandusky through a charity for at-risk children. one says the former coach molested him several times in a basement bedroom. his lawyer objected to the fact that police didn't give sandusky any notice of the arrest. >> if this is the way the skies going to be handled by the other side, we can do things to kind of make it miserable, too. >> ten people now say sandusky sexually abused them. he faces more than 50 charges. he has not responded to the new charges but has previously said he has never abused anyone. rod blagojevich is enjoying his last few months of freedom. the former illinois governor will start a 14-year prison sentence by february. he was sentenced on corruption including trying to appoint someone to president obama's vacated senate seat in exchange for campaign cash. he will be eligible for early release in about 12 years.

he is the fifth of 9 governors in illinois to go to jail. a recovery at the site of a deadly helicopter crash near lake mead in nevada. the helicopter slammed into a mountain and fell into a ravine yesterday. the pilot and all four passengers were killed. they were heading back to las vegas after take an aerial tour of hoover dam. a team of 12 federal investigators will try to determine what went wrong. the big island of hawaii getting a little bigger. >> lava is flowing from one of the volcanos toward the ocean. that flow is about a mile and a half from shore. it's already reached the subdivision that's almost abandoned. the one resident who still lives there says the current flow is about 500 yards from his home. oh. >> look at that. >> go on a nice triphawaii right now? >> new real estate, can you imagine? i guess you knew there was a

volcano there. i think they would disclose that. >> earthquakes clear it's a cheap house. bad news, see that mountain over there? it may in be your front yard in a couple of weeks. [ laughter ] true story, i was fortunate to go to the big island this summer with my family. we're there for a week. the day after we leave, the volcano erupts. >> really? you act like you wanted to see it. >> absolutely! >> a meteorologist. >> of course you want to see it as long as i didn't own a house there. i would be great. one thing you want to do, not something you want to live in front of. >> fun to look and fly. >> yes. how are we doing? it's cold. >> we have some patchy fog around the bay area. haven't seen that but starting to see that atmosphere stabilize a little more moisture outside so, yeah, we have some partly cloudy skies out there dense fog showing up in parts of the north bay valleys toward the santa rosa area, getting reports of dense fog down to a quarter mile visibility there so chilly to start with outdoor once again. we will see some hazy sunshine, some cool temperatures around the bay area, some 50s and some low 60s as we head in toward the afternoon. high pressure holding strong

here. just a couple of weak waves continue to ripple over the top of the ridge and continue to make minor changes in the forecast the next couple of days but we are going to stay cool and dry around the bay area over the next few days. with that ridge overhead, not seeing a lot of mixing, either. so a "spare the air" day again here in the bay area. looks like we may see some changes as early as tomorrow though, hoping to mix things out just a little bit. numbers, 59 degrees in san jose. 60 in morgan hill. about 57 degrees in san mateo. east bay temperatures up into the 50s in many spots. nearly 60 degrees into pleasanton. about 58 degrees in pittsburg and 58 in vallejo. as we get inside the bay, those temperatures running into the 50s for the most part. a cool 56 degrees in daly city. 57 in san francisco. hazy sunshine into santa rosa at 59 degrees by the afternoon. next couple of days, we are looking at just some minor changes in the forecast maybe a little more sunshine as we head in toward tomorrow. but it looks like we are going to see some pretty good weather in toward the next few days. things could change a bit as we

head in toward sunday. partly cloudy skies in the forecast. weak system makes its way into the bay area. it's kind of interesting. some computer models want to bring it real close with a chance of rain. the other models say, nah, not a chance. so up in the air on the long- range forecast but i think the trend is back to more of a wet pattern at least in the latter part of next week. >> we were due. we haven't had much rain. >> we're well below average. but we can make up. >> we sure can. >> in quite a short time. i have seen it happen so many times. >> like march. >> that's what happened. we started out dry in the beginning of the season but we could see some heavy rain. >> deluge. >> that's a tricky one. >> yeah. >> meteorological term. >> deluge. all right. let's check with traffic and gianna. no rain in the forecast for today. we're nice and dry. >> yeah. that's always good news for the freedoms. in fact, we are going to go live to 101 in san jose at trimble. traffic looking very good this morning. very light as you work your way through this portion of the

roadway. so no delays along 101. in fact, we have some roadwork 101 near embarcadero. i'll have that in just a minute. that may slow you down this morning. elsewhere as we jump to our maps, roadwork southbound 880 old bayshore highway the 280 an ongoing project. usually they wrap up before 6:30. but we are seeing on our sensors here slow as a result, various lanes blocked so plan for that as you work your way along 880 this morning. once you hit 237 not too bad. later on in the south bay the san jose sharks taking on the dallas stars. 7:30 at hp pavilion so things might be congested around this area. so heads up there. elsewhere, as you work your way out of marin county, lots of green along 101 southbound. no delays there. once you hit the golden gate bridge, traffic is very light, just a few cars in the span right now. in fact, there's nobody out there. so that's good news. things looking good through there. roadwork south of embarcadero between there and oregon expressway where we have roadwork, full freeway closure in both directions. now they are alternating sides. things should be wrapped up within the next 10 minutes. there are detours in place to

get around those closures. but we are hearing of delays through there until they wrap things up in oakland, those languages there. 92 san mateo bridge not bad. things looking good it both directions. no delays there. all clear as you work your way towards 880. bay bridge also problem-free. you can see a few cars on the roads as you approach the toll plaza but overall you're work your way towards the metering lights so looks pretty good. across the upper deck into san francisco looks good. roadwork on the lower deck of the bay bridge but that's not planned until about 7:45 this morning. that will continue to 1:45 between the skyway and treasure island. so you might see one or two lanes closed in that area. but midday not too many problems. it is a "spare the air" day so mass transit is a good choice today. bart, ace, muni and caltrain and your ferries all on time. remember kcbs once you do hit the roads. they're our radio partners. and you can find them at 740-am and 106.9-fm. that's a look at traffic. back to you. the maker of the morning- after pill needs a plan b after a surprise intervention to keep

it behind pharmacy counters. the fda was poised to lift age restrictions on the emergency contraception allowing girls under 17 to buy it without a prescription. but the health and human services secretary overruled them. she said she was worried young teens may not understand how to use plan b without adult guidance. new progress in the treatment of breast cancer. researchers at loyola university medical center in chicago are reporting success with a drug that targets tumor stem cells. in a small clinical trial, the drug essentially turned off the key genes that normally enable the cells to resist common cancer drugs. "30 rock" star alec baldwin apologized to his fellow passengers after he was booted from an american airlines flight yesterday. he posted his apology on the huffington post saying didn't mean to inconvenience anyone on the flight. baldwin tweeted he was kicked off a flight at l.a.x. for refusing to stop playing a cell phone game. on be in, american airlines

said -- on facebook, american airlines said a rude passenger caused problems for them at l.a.x. but doesn't name balled join no video? >> i haven't seen it yet but there are certain a lot of cameras. oscar de la hoya was on the flight and it happened -- >> the boxer? >> yeah. alex was playing some videogame and? and that. >> it's that "words with friends" he was playing. >> on his ipad. >> popular. a new social media campaign out of sin city. the city of las vegas is asking for a little discretion when it comes to all those social media updates. get some folks in trouble, i guess. convention visitors authority has launched and ad campaign called know the code. it's address the problem of oversharing on facebook and twitter. posting photos of fine dining and shows. that's okay. the authority's just wants visitors to avoid showing racy

photos online. >> have you noticed yourself holding back because you don't want it to end up on the internet, of course. you don't want your face posted on something and then you're trying to interview for a job and there you are, you know, doing something inappropriate. >> that's las vegas, i guess. >> i know. >> visitors may playfully report overshares using the authority's facebook page. they may even sign an oath that will not tweet, tag or post anything to revealing while they are in las vegas. >> i guess not as much of an issue in omaha, nebraska. >> maybe. yeah. >> i don't even not bars stay open past midnight there. time now is 4:57. a carpool lane, the big mistake causing backups on a major bay area freeway. >> an oakland toddler fighting for his life. why doctors and family members can't agree over the next step. and 24 hours after justin herman plaza was cleared of "occupy" campers, they found a new spot to "occupy." actually an old spot.

we'll show you it coming up. and a big step forward to bringing bart to south bay commuters. the major deal kicking off the extension this morning when liz and i come right back. so stay right there. ,,,,,,,,,,,,