your realtime captioner is linda marie macdonald. a developing story with a live picture could this be day two of a port shutdown? >> right now protestors are gathering at the port of oakland once again as workers wait to learn if they will lose another day of pay. good morning, it is tuesday, it's december 13. good to have you on board. i'm frank mallicoat. >> i'm grace lee. 4:30 on this day. protestors had pledged to block workers arriving for their 3 a.m. shift today at the port of oakland but this morning there are signs that they may be backing off. gil diaz is live in oakland, where protestors have just taken a vote. gil. [ no audio ] >> reporter: there is a crowd

but a smal crowd, not as large as it was last night. we are getting conflicting reports this morning from pros. some of them are going home, some have just arrived. the best sort says the protestors had taken a vote to declare victory and after that, they said they -- they were told they could go home so even though there are people here with tents pitched, it seems like from what i'm feeling here on the street is that people are leaving. if you go to this car right here in the middle of the road, it looks like they are packing up and ready to go home. a few minutes ago they had amplifiers out here, loudspeakers, and it seems like they are packing it up. yesterday police estimated about 1,000 people had shown up. two waves of protestors managed to meet at the port. one of that group coming from

the frank ogawa plaza. now, three shifts came to the port last night. longshoremen were supposed to unload the cargo at 3:00 this morning. we're still trying to confirm whether those longshoremen were told to come to work or stay home. of those protestors who arrived last night was scott olsen. he was a former marine who was shot by a tear gas canister a few weeks ago. he was right up front at the protestors surrounded by his colleagues. >> i'm glad to be at the middle of it so that i can make the best out of it. >> this is a big victory for the entire west coast. >> reporter: it definitely was a big victory as we take a live look here at one of the main entrances to the port. like i said, it's a smaller crowd than what we saw 24 hours ago. i talked to one protester who said he has been out here for

the past 24 hours the first day of the protest and he said he is tired and he is going home. i think a lot of these people even though they are still excited about shutting down the port, maybe a second day, i think a lot of them are getting some common sense and going home to sleep. >> who can blame them if they have been out there for 24 hours since you were out there at 4:30 yesterday morning. how about a second wave? have you talked to them about another group perhaps coming in and replacing those who have been there for so long? >> well, in fact, we talked to an oakland police department lieutenant driving by. we asked him whether there were any crowds here at middle harbor. he said this was the only crowd that he could see driving around. he says there was one publicly a quarter mile from where we are but he said that they had left and he believes that they actually went home and that this is the only group coming by but there's no rumors as to whether there's a second wave of protestors coming. one gentleman did arrive here with his dog. but we're not sure whether he is actually going to stay here

throughout the morning. frank? >> strength in numbers. if nobody's there, hard to collect a lot of folks, that's for sure. >> sounds like they're running out of gas. >> well, 24 hours is a long road trip. that's for sure. gil diaz, live for us over at the port of oakland, nice job, gil, thank you. oakland mayor jean quan has supported free speech but also referred to the port shutdown as "economic violence." >> it's not fair. it's not fair to the workers of port who already lost a day, this is their second day and now they are talking about going into the third day. >> as far as we can see, though, as of this morning, it looks like the crowds are dwindling at the port of oakland. so we will stay on top of what happens throughout the day. in the meantime let's kick it over to traffic and find out if this is affecting the roads and your general commute. >> bottom line, no. as you saw, a few lingering protestors out there by the port of oakland but as far as city street closures, bart being impacted, really not the

case. here's a live look at 880 in oakland near the coliseum. there may be closures near 7th and maritime where we saw some closures yesterday morning when they tried to affect port activity over there by the port of oakland. for a while we also had some rolling closures along 7th. west oakland bart station was never impacted yesterday so this is a developing situation but for the most part it seems like there is not much activity this morning at least compared to yesterday. so far we are good up and down 880 and on city streets. an accident just cleared to the right shoulder westbound 237 at 1st street. there may be some activity there. at last check they were still waiting for a tow. traffic is still fine out of milpitas. that's traffic. back to you. >> thank you. now kind of "occupy" protest in oakland. they call it occua-py.

they named it the uss don't let banks punk you out. they tried to interview some of the folks on the raft but said off camera they are doing this as a creative way to bring attention back to the "occupy" movement. people trying to recall oakland mayor jean quan will be collecting petition signatures today along lakeshore avenue from noon to 1 p.m. they need to get the signatures of about 20,000 oakland voters by mid-may to put the recall on the ballot. californians will get a crucial update today on the state financial crisis. at noon the state finance director will unveil the latest forecast for the current fiscal year and that will determine the severity of pre-approved budget cuts to take effect january 1. there could be up to $1.4 billion in cuts to public school funding leading to possible layoffs and a shortened school year. cuts could also affect higher education and numerous other program. california seemed willing to

make higher income earners pay more taxes. a poll found 65% of voters support governor brown's plan to raise sales and income taxes on californians who make more than $250,000 per year. 28% oppose it. the governor's measure not on the ballot yet but the legislature still has to approve it for that to happen. and the man now in charge pg&e is defending his position that customers should pay most of the cost for upgrades as well as repairs to its natural gas pipeline. his name is anthony early. he says that shareholders should not have to pay for upgrades that were not previously required by the regulators. the estimated cost is big. it will be $2.2 billion. he wants customers to pay nearly $2 billion. typical residential customer would pay an extra $1.93 a month. pg&e has been faulted for poor recordkeeping and inadequate inspections since the pipeline explosion in san bruno in september of last

year, which killed 8 people. you could soon own souvenirs of a failure. items from solyndra going up for auction this morning. things up for sale are noncore assets including solar panels, personal computers and some manufacturing equipment. bidding from 7 a.m. this morning to 8 a.m. tomorrow morning in person or online. today pennsylvania prosecutors are trying to prove that they have enough evidence to put jerry sandusky on trial. the former assistant football coach of penn state university is charged with more than 50 counts of child sexual abuse involving 10 boys he met through a children's charity. the accusers are adults and some are expected to testify at today's preliminary hearing. >> he is going to have to sit in a courtroom about a couple of hundred people, i understand it's going to be filled to capacity, including members of

his family and friends who are going to listen to some of these young men say horrific things occurred between them and jerry. >> former assistant coach mike mcqueary is scheduled to testify for the prosecution. sandusky denies all allegations. four u.s. some engineers are dead after two army helicopters crashed in the state of washington. the two-seat reconnaissance choppers went down around 8 p.m. at lewis-mcchord one of the nation's largest military bases. it's still not clear whether the aircraft collided or crashed separately. so far the isn't releasing the victim names or identifying their unit. in washington today, the house is expected to pass a bill to extend the payroll tax cut and long-term jobless benefits but the republican version is likely to be killed in the senate. that's because it includes a provision to require work on a controversial oil pipeline from canada to texas. that's opposed by the white

house and senate democrats. federal deficit appears to be shrink. how about that? according to congressional estimates, the government is on track to run a deficit below $1 trillion for the first time in four years. still, those numbers could change if congress extends the payroll tax cut and long-term unemployment benefits by the end of the month. 4:40. now who is back? >> this guy just doesn't work enough. >> hello. >> he is back on the morning show. >> what's going on, guys? >> nice tie. >> you like that, huh? >> what is that? >> this is rudolph the red- nosed reindeer. >> and the island of mr. toys, abominable snowman. i break them all out at this time of the year. folks, it's very frosty around the bay area this morning out the door. the valleys look at cold temperatures again, some numbers down into the 20s in the santa rosa area, freezing now in napa, 31 in fairfield, 34 in livermore. patchy fog in the valleys early on. the system that brought us showers yesterday is sagging to

the south so that has allowed our skies to clear out but left that cold air behind. and that means those temperatures starting out very chilly again. by the afternoon not a real heat wave but warm he. plan on 50s, maybe some low 60s in mountain view, 58 san jose, 58 fairfield. next couple of days we are going to keep things high and dry although on thursday there is a slight chance we could see showers mainly to the north. that's a look at weather, guys. back to you. >> that was quick. >> no messing around. >> except for the tie. [ laughter ] time now 4:41. a kid's paradise in some very grownup trouble. >> the child labor violations ex-supposed at bay area chuck e. cheeses. from oakland to san francisco on two wheels. what it's going to take to add bike lanes to come across the bay bridge. coming up. the equity summary score consolidates the ratings of up to 10 independent research providers into a single score that's weighted

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fines for violating child lr laws at its nine bay area the chuck e. cheese restaurant chain has agreed to pay federal fines for violating child labor laws at its nine bay area outlets. the department of labor found that the restaurant had

teenaged employees doing work that is supposed to be performed only by grownups. underaged employees were operating dangerous equipment including trash compacters, et cetera. >> you would think they would have taken a very pro-active step to make sure that the minors that they employed weren't performing hazardous work that could potentially injure them. >> it will cost chuck e. cheese. they will have to pay $28,000 in fines and are taking steps now to make sure underaged workers cannot have access to that equipment and it is promising to educate its staff. pinole police are searching for the gunman who shot and critically injured a man at an in-n-out burger in the restaurant parking lot around 5:00 yesterday evening. police think the gunman specifically targeted the victim. no one else was hurt. so far no suspects. tonight the santa clara city council is likely to

approve some key elements of the 49ers' stadium deal. up for consideration are the legal structure between santa clara and the team as well as a preliminary financing plan. the estimated cost of the whole project around $1 billion. and transportation officials are trying to move forward with a new bike and pedestrian pathway on the bay bridge. this is an artist rendering of what it would look like on the new span between yerba buena and treasure island. the project is estimated to cost up to half a billion dollars. but funding has not been lined up yesterday. the san francisco transportation authority will host an open house on the project tonight. that would be cool. >> mm-hm. today the federal reserve holds its final policy meeting of 2011. >> and the fed is expected to focus on a plan to be more transparent about the direction of interest rates. but it is not likely to make any announcements about that today. u.s. markets hope for a big turnaround today after yesterday's losses. the dow and nasdaq were down

more than 1%. the losses were driven by new concerns that europe's recent agreement doesn't go far enough to resolve their big debt crisis. moody's investors service plans to review the credit ratings of all the european countries next year. a couple of silicon valley companies are making business headlines this morning. investors are keeping a close eye on santa clara-based intel. the chipmaker's shares fell more than 4% yesterday after the company lowered its 4th quarter revenue estimate by $1 billion. they blame it on flooding in thailand where factories produce their hard drives. a better picture for netflix. shares of the video rental service rose 6% yesterday. this was amid rumors that it may be purchased by verizon communications. just last week verizon said it planned to launched a video streaming service next year. we'll watch that, as well. an icy snow storm in

southern california, of all places. we have pictures. >> can you believe it? and blinking a certain way could be a sign of autism. what researchers can tell just by looking at kids' eyes. >> and charlie sheen in twitter trouble. how he accident gave out his phone number to all his little twitter followers and that caused a problem. talk about that when we come back. and it's another chilly start to the morning. got some frost and fog out there. when will we warm up? we'll talk about that coming up. hi, it's dave. [ robotic voice ] if you are satisfied with your message --

[ beep ] hi. dave here. [ male announcer ] for dave, using citibank's online bill pay is as easy as setting up voicemail. hi, it's dave. [ male announcer ] actually, it's easier. hi, it's dave. i'm out of the office. [ male announcer ] online bill pay. easier banking. standard at citibank. makes it easy for anne to view her finances from anywhere. like gate d12 for the next three hours. citibank for ipad. easier banking. standard at citibank.

mishap in texas. the teens we two middle school students being treat for gunshot wounds after a hunting accident in texas. they were shot yesterday while trying out for a school basketball team. one victim is hospitalized in critical condition. the shots did not come from the campus and weren't the result of a drive-by so they are now interviewing some of the hunters at a farm property

adjacent to the school. interstate 5 is open through the sylmar area of los angeles after a major crash involving eight big trucks. the crash was in the truck lane tunnel last night. the regular traffic lanes were not involved and there were three minor injuries. early reports said as many as 17 trucks were involved. but it ended up being four big rigs and four tankers. still a big accident. and a little farther north there is snow and ice on interstate 5 on the grapevine this morning showing this just for lawrence. >> thank you. >> we just checked with caltrans. the freeway is open. no chain controls. there is a winter storm warning in the area until noon. but i'm sure you knew that already. >> that's a tough g going over that grapevine when you get the snow are. >> you think you're going to l.a., what do you mean, chains required? >> you don't think about that in so cal. [overlapping speakers] >> excuse me. go right ahead. >> they haven't been together for a while? [ laughter ] >> what's the elevation there? >> 4,000 feet but at 2500

that's where they are starting to see the snow. >> no kidding. >> so that could be quite a miss. >> they moved lawrence over here so they could show his tie. >> they wanted to see my christmas tie. isn't that nice? not only that but if you press a button on the bottom, this is one of those ones you get at christmastime that you can only wear now? >> that's all class. >> that is all -- >> thank you very much, grace. see, frank would never say that. but grace d see this? >> yeah, i wouldn't. >> i'm hoping the song -- [ faint music ] >> i have one of those that never came out of the closet. >> that's one like the family gave to you, thank you very much. i'm going to wear it on air. and i did, so there you go, mom and dad, that's for you. >> i'm glad the music stopped before your weathercast. >> all in favor of weather now, say aye. >> let's move it along. outside, cold conditions around the bay area. it is going to be a chilly start to the day. some of those numbers down in the upper 20s in some spots 30s and 40s elsewhere. toward the afternoon, though, we are going to enjoy some hazy sunshine and temperatures going to stay fairly cool, highs only

in the 50s, maybe low 60s. and that's just about all we're going to do. as we get in toward the afternoon, though, we are going to warm these temperatures up nicely but right now 30 degrees in santa rosa, 38 in san jose. 34 in livermore. we are also seeing a couple of patches of fog. that same system that swept through the bay area to bring us some showers is the one that's causing the rain and snow down in southern california over the grapevine. that is going to slide eastward. high pressure building in behind that and that means we're going to see a dry break over the next couple of days and some cold nights. bundle up. it's going to be chilly. temperatures in the 50s and low 60s by the afternoon. i think we're looking at nice weather over the next couple of days. hazy sunshine, thursday gets questionable. some partly cloudy skies. there's a slight chance of showers. i think mainly to the north. we'll see if that happens or not. and we start to dry out again on friday and saturday. that's a look at weather. let's check on traffic now with elizabeth. >> thank you, lawrence. overall we're doing great. no big issues out there on the roads. in fact, we have a live look through san jose. so we sent our photographer 101

near mckee this morning. you can see northbound and southbound 101 traffic all directions moving fine this morning. not a lot of roadwork out there to talk about. we'll show you some more live traffic cameras. to the next one, we had one earlier accident. it was westbound 237 right around the first street exit. apparently, the driver of that car took out some guardrails so the driver went off the roadway, ran know a fence and so caltrans has to now repair that. tow crews came and went. so the accident is cleared. but again there was some damage out there. so you may still find some activity at least on the right shoulder. it is not causing any major delays. this is live look actually at westbound 237 leaving milpitas. so again, the accident happened closer towards north first. here's a live look at the bay bridge toll plaza. all your approaches are moving fine this morning. you will find some lanes blocked. they are doing some lane -- lanes blocked -- some cones there until about 5:00 this morning, so just trying to slow drivers down. roadwork on the lower deck towards oakland. they have not done the lane

changes yet on the golden gate bridge so everything looks good this morning in both directions, no incidents in marin county towards san francisco. these are first spots to really back up and so far they are all in the green this morning, 13 minutes is your drive time out of the altamont pass. no delays, no brake lights at all through livermore and same thing for your highway 4 drive. great antioch to concord on 242, minneapolis on mass transit on time. back to you. the eyes could hold the key to understanding autistic children. researchers studied the blink rate of videos of children playing. during emotional scenes the rate for typical kids slowed down while autistic children blinked normally. that changed when they spotted movement. this new insight into the mind could help improve treatment. >> what this research gives us

is a new tool for essentially understanding what might be capturing the attention of children with autism. >> it could help the disorder be treated earlier. the earlier the better the child functions. 4:55 now. sarah palin is talking about another reality tv show although this one isn't quite as popular. the hollywood reporter says the former alaska governor and reality producer mark burnett, who of course does "survivor," are trying to sell a series focused on palin's husband todd and his career in snowmobile racing but there's apparently not much market for that idea. so they continue to sea. palin search. in this day and age of social media be careful what you tweet. there was a twitter mishap which forced actor charlie sheen to change his phone number after he accidentally tweeted his number to more than

5 million twitter followers who of course dialed him up. he was trying send a private message to justin bieber asking him to, hey, justin, give me a call. well, i guess justin got the number along with 5 million other people. of course his phone went wild e got 1800 text messages in just minutes. he reportedly answered the phone calls by saying, ray's pizza or, winning! >> i hope he has the unplummeted plan. >> no kidding. i think -- i hope he has the unlimited plan. >> no kidding. stanford sold out tickets for the fiesta bowl all 17,000 selling out in five days. this quite an improvement for a team that couldn't even sell out its home games a year ago. this year six of seven home games were sold out. the fourth-ranked cardinals will play number 3, oklahoma state, on january 2. that is in glendale, arizona. >> coming up. 4:56 now. making the rich pay. the growing support behind the

governor's tax plan. also ahead... >> the second day of "occupy's" shutdown of the port of oakland has changed dramatically at the same time protestors are declaring victory. we'll have the latest update coming up. plus, paying for pipeline repairs, who pg&e wants to foot the bill. and chuck e. cheese not so kid-friendly anymore. the violations that got the company fined by the feds. ,,,,,,,,,,,,,,,,,,