your realtime captioner is linda marie macdonald. their violent tactics sparked nationwide outrage. this morning, how oakland plans to hold police accountable. a manhunt for the suspect involved in two south bay chargings. the wild chase and how he got away. good morning, it's wednesday, december 21. i'm dennis o'donnell. frank has the morning off. >> i'm grace lee. it is super early. 4:30. >> it is. >> does it feel extra early today? >> it does. >> week is just flying by. [ laughter ] >> he's on vacation after this. >> lawrence is off. he is another one sleeping in this morning so yeah, i'm filling in on the weather front. let's look at the current temperatures outside right now. it is a bit chilly once again.

so near freezing in some spots, 32 fairfield, 45 in san francisco. so mostly in the 30s and 40s out the door. it is another "spare the air" day. it's the 8th of the winter season. we'll have more coming up. let's check traffic with gianna. >> a trouble spot on the eastshore freeway eastbound 80 near lagoon valley road two right lanes blocked. chp on scene. the rest of the eastshore freeway problem-free no delays at the bay bridge. we'll check the golden gate bridge coming up. back to you guys. the use of force against protestors is going under the microscope in oakland. >> that's right. this morning the mayor is calling for a police audit. anne makovec is in oakland, where tactics of protestors have been a hot topic for months now. good morning. >> reporter: good morning. this morning, we are expecting to hear more about an independent investigation that is going to begin on the police response to the "occupy" protests. [ yelling ]

>> reporter: this youtube video caught one of the incidents likely to be part of that investigation. the man shooting the video says police shot him with a beanbag. during the protest, police also used tear gas and several people were injured in those clashes. many claimed police brutality and excessive use of force. this morning's announcement comes on the heels of a heated city council meeting last night when the council discussed a resolution dealing with the recent port of oakland "occupy" protest. the port was shut down twice in the last two months you may remember because of scenes like this. the resolution would give the city council not the mayor any tool legally necessary to move or stop any future port shutdowns. >> we all have a right to express our views, but we also have a right to earn a living and support our family. i support the resolution. >> do you really want to precipitate another confrontation between the oakland police department and

the "occupy" movement? >> reporter: that resolution is tabled after a split vote on whether or not this measure warrants an emergency vote. the council is expected to reintroduce it and reevaluate it on january 17th. the announcement about the independent investigation will come here at oakland city hall at 10 a.m. don't know who will be part of the panel. we'll find out more today. back to you. >> i know a lot of people are going to be watching. thanks, anne. oakland is also moving forward on a city identification card similar to one offered in san francisco except the oakland card will also serve as a debit card. last night the city council authorized a contract to make the debit card part of the proposed id card. the "chronicle" reports that it will take at least three months to work out contracts for those cards. a manhunt is under way this morning for a manstole two cars in the south bay and led police on a wild chase through san

jose streets. cbs 5 cameras were the only ones on the scene as the car ripped through a crowded intersection after slamming into a police motorcycle just moments before. the series of events started yesterday when san jose police helped milpitas officers with another chase. the suspect ran away from the scene. 90 minutes later officers say derrick brown carjacked another car and the chase shocked neighbors. >> i'm scared, man. i was scared about my daughter you know? i been living here for a long time. first time in my life i see something like that happen here. it's not safe anymore, i guess. >> at least 10 officers in cars and bikes joined in the chase but brown got away. officers describe the 31-year- old suspect as 5'10", around

180 pounds. brown is believed to be armed and dangerous. it looks like american workers will begin the new year paying more in taxes. the house has rejected a measure passed by the senate that would have extended payroll tax cuts through february. as tara mergener reports, a new deal is unlikely because senators are already on vacation. reporter: president obama is calling out house republicans. >> we have more important things to worry about than saving fails. we have people counting on us to make their lives a little easier. >> reporter: he wants them to reconsider a two-month extension of payroll tax cuts and unemployment benefits. the gop rejected the senate measure tuesday following heated debate. >> is this the new year's gift we are going to give to the american people, raised taxes? >> give the american people a year, not two months. >> reporter: the republicans want the president to call the senate back. >> i need the president to help

out. >> yeah! >> reporter: but senate democrats are also digging in their heels refusing to return until house members pass the two-month measure. >> the clock is ticking. time is running out. >> reporter: congress has just 10 days to reach a deal or 150 million workers will see about $20 less in their paychecks every week. two million others could lose unemployment benefits. >> let me inform my republican colleagues that this is real life with real people and real consequences. >> reporter: consequences many economists predict could take a devastating toll on an already fragile economic recovery. tara mergener for cbs news, washington. in the presidential race newt gingrich is suggesting that fellow republican mitt romney is running a smear campaign against him. in iowa yesterday, he suggested romney is behind negative attacks funded by political action committees. romney denies he or his campaign are involved saying that the commercials are out of

his control. a new poll shows gingrich and romney are tied nationally among republican voters at 20% each. ron paul is in third at 10% and has gained significant ground in iowa, the site of the first caucuses 13 days from today. giselle esteban is under indictment now for the murder of michelle le. it lets the judge skip a preliminary hearing. she is scheduled to enter a plea january 20. monta ellis is being sued for sexual harassment. an attorney and his client say they will file the suit against ellis and the warriors this morning. he is accused of sending text messages to the accuser starting in november of last year. the warriors are also accused of covering up ellis' actions after they fired the woman in august. san francisco's mayor is calling it a national embarrassment. >> and now we know what caused

one of the blackouts during monday night's 49ers game in san francisco. the first power outage happened right before kickoff, you might remember. pg&e says that blackout happened when a splice which connects two electrical wires failed. the wire fell to the ground near the stadium. the second outage, though, still a mystery. the mayor says that it could have been caused by a faulty electrical panel inside the stadium. the mayor says it will be fixed. >> safety and public safety was the number one concern and the fans were wonderful. they cooperated well and for them, for the rest of the neighbors, because i think the eyes are upon us in these play- offs, we ned to do it right and make sure it gets done right. the california public utilities commission will oversee those repairs. kind of a big deal. >> yeah. well, you know, it's very typical at candlestick park i'm not surprised. one of the oldest stadiums in the league. we won't be talking about it in a few years. we'll be talking about a new

stadium in santa clara. >> elizabeth, not so bad in the weather today. >> a little cold. a snowflake popped up on my dashboard again reminding us it's a little chilly. some temperatures are at or breezing in some spots. out the door now, current temperatures mostly in the 30s and 40s. dense fog in the central valley along the coastline and in the delta, as well. so 45 degrees right now in san francisco. 41 out in oakland. so once again, like yesterday, high pressure remains in effect. and we are staying dry pretty mild by later on this afternoon. it is another "spare the air" day. our 8th of the season. so no wood-burning. for later on this afternoon our pinpoint forecast showing us temperatures mostly in the upper 50s to mid-60s in some spots. 64 in santa rosa. it's cooler in concord and fairfield. 63 mountain view. 61 san jose. so the big story over the next five to seven days is we're staying dry. no real rain showers in our forecast. and it looks good for the

christmas holiday. you can see those temperatures inland reaching into the lower to mid-60s in some spots. now, there is the possibility of rain by the middle of next week. we'll talk more about that in the coming days. let's check traffic with gianna. >> thank you, elizabeth. all right. we're going to head over to the golden gate bridge. it's a nice ride out of marin county this morning, no delays. roadwork on the northbound side of 101. elsewhere rest of the bay area bridges no problem. live look at the benicia bridge traffic free-flowing in both directions. lagoon valley road accident cleared out of lanes no activity and lots of green on our sensors and looking good approaching the bay bridge toll plaza. clear across the upper deck into san francisco. that's traffic. back to you. >> thank you. >> it's green because everyone is sleeping. [ laughter ] >> very early. >> no traffic between 4:30 and 5:00 i definitely learned that during the morning news. >> dennis is quick that way. >> thank you. coming up, the search for et, why nasa could be close to

finding life on other planets. >> plus a million-dollar victory for bay area customers overcharged for water. why they say they are still being cheated. and they are dozing off in the cockpit and putting your safety at risk. the new crackdown on sleepy pilots. ,,,,

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the public utilities c a small victory for a community in contra costa county which is battling its water provider. the public utilities commission says golden state water has overcharged customers in bay point and elsewhere in california. so the utility will have to lower rates and give a refund. >> my water bill is higher than my rent. i understand rate hikes but i don't understand highway robbery. >> meanwhile golden state water is still asking for another rate increase in bay point. the puc is expected to make a decision on that early next year. today caltrans takes another big step toward finishing the new span of the

bay bridge. it will start installing the suspension cable. the cable will support a 2,000- foot-long section of the bridge. the cable will be more than 2.5 feet thick when it is finished. and today the metropolitan transportation commission considers two contracts involving its planned move from oakland to san francisco. the mtc has bought the old post office on main street and plans to move there despite efforts by some politicians to block the move. renovations will cost $74 million. the clipper card hits a new milestone by reaching more than 1 million customers. it covers transit fare on muni, bart and more. the metropolitan transportation commission says clipper card usage grew by 30% in the last six months. one of the west coast's most popular pizza chains bouncing back from bankruptcy. roundtable pizza filed for chapter 11 in february but plans to close that chapter

today emerging reorganized as a financially stronger company. the chain says new product launches have also helped boost sales and there are already plans to add new restaurants. round table first opened in menlo park back in 1959. a group of hackers based in china broke into computers of the u.s. chamber of commerce. the "wall street journal" reports the hackers gained access to everything including information on three million members. the security breach was discovered and shut down last year. the journal says this is one of the biggest chinese infiltrations of u.s. computers. international markets are higher today. >> positive economic news from the u.s. and germany offset those asian worries over the death of north korean leader kim jong-il. yesterday marked the best day on wall street this month. the dow shot up 337 points almost 3% on word that construction of new homes jumped last month as well as positive economic news out of europe. we don't get that very often. >> any good news, we'll take definitely as we begin the in

your year. time now 4:45. searching for life on other planets. the promising discovery from nasa. >> and it gets you moving but how good are the workouts working? the wee ones -- well, we'll compare it to hitting the gym. >> you're really surprised about that. come on. a visit to santa's lap turns into an amazing surprise. how two kids got the gift they wanted most. a gorgeous picture of a waning crescent moon behind us. currently temperatures outside now chilly in the 30s and 40s near freezing in some spots. how much warmer we are going to get by later on this afternoon, we'll have it all coming up after the break. ,,,,

warren hellman died over the weekend at service will b a memorial service is planned today for a bay area man. warren hellman died over the weekend at the age of 77. the service will be at 1:00 this afternoon at a temple in san francisco. it will be streamed live on the website of hardly strictly bluegrass, a local music festival he helped create. 4:48.

the weather may have played a role in a deadly plane crash in new jersey. a single engine plane went down on a major freeway. all five on board were killed including two children. the people had spoken with air traffic controllers about icy conditions just before the crash. new rules are expected to keep [ indiscernible ] pilots from flying. the new rules come nearly three years after a crash that killed 50 people near buffalo, new york. the pilots of that plane were reported to be exhausted. nasa announced a breakthrough in the search for a planet like earth. the kepler telescope found two earth-like planets outside our solar system and they say they orbit a star like the sun about 950 light-years way. both are too hot to sustain human life with temperatures on one planet reaching 1400 degrees fahrenheit. nasa launches kepler in 2009 with a hope of finding new

planets with new signs of life. >> wonder if they will be getting rain. >> the only thing i saw from elizabeth was a little cloud of ice in the forecast somewhere next tuesday. >> chance of rain next wednesday. we'll talk about that down the road. right now, we' talking cooler temperatures and dry for the christmas holiday. if you have outdoor shopping, there you go. out the door 30s and 40s. it is a little cool and fog in the valleys. similar to yesterday at the coast and east bay valleys so cooler there but we are really warming up again by this afternoon expecting sunshine, some mild conditions. now, these temperatures are at or even slightly above average. the high won't budge for several days so no rain in the

forecast. it is another winter "spare the air" day. our 8th of the season, no wood- burning. you know the drill. this afternoon, the pinpoint forecast shows temperatures mostly in the 50s and 60s. 59 union city, 60 san mateo. some of our cooler spots will be the east bay valleys so pittsburg, antioch look like highs reaching into the mid- to upper 50s there. 55 in pleasant hill. 60 in napa. santa rosa one of our warmer spots today, 64 expected. 59 in bodega bay. 58 degrees in stinson beach. high pressure once again not going anywhere so sunshine, a few clouds rolling in by this weekend but looks to be a dry christmas. and once again, later on in the week possibly by midweek maybe by wednesday, seeing a chance of some showers but again still a little too early but some of our forecast models are predicting that possibly by

wednesday. and for christmas, highs in the upper 50s to low 60s, mostly clear so it's not going to be too bad for christmas unless you like snow and i guess that could be considered not such a good thing. >> dennis likes snow. >> yeah. i just want to see a lift actually operating. not just sitting there. at this point you probably would go up there and mountain bike down the slopes. people will be happy to hear that. >> is it snowing in auburn? >> no. 1500 feet never quite snows there. gianna, what's going on traffic-wise? >> not a lot. it's looking good on the freeways. we're going to start off with a live look at 880 near coleman in san jose. near the airport, if you have a flight to catch this morning you're in luck. not a lot of cars on the freeway. so lots of time to get that extra cup of coffee this morning. on the maps, we'll get a complete look at the south bay. no major snags. we're seeing some yellow and red here on our sensors along 101 updating, no reports of

construction or accidents. things moving nicely this morning in both directions. downtown san jose no troubles, northbound clear through the whole portion. in fact, 280 good through the peninsula and here's live look at 880/237 in milpitas. your silicon valley route looks good this morning. six minutes between 880 and 101. live look at the golden gate bridge nice trip so far. no delays out of marin county. just a couple of cars on the roads. some roadwork along 101 northbound between 37 and atherton. that should be wrapped up by 6:00. but again, green on our sensors so no major snags in. various lanes blocked, one lane gets by in the area. bay bridge checking in problem- free. eastshore freeway commute looks good. out of the maze, no delays. metering lights off at the toll plaza. clear across the upper deck into san francisco. later on we have roadwork scheduled for the lower deck, business as usual there. so some slight delays expected until 2 p.m. and roadwork along highway 4 eastbound between bailey and railroad westbound though looking good. and again remember it's a "spare the air" day so use mass

transit. on to healthwatch, canadian researchers will soon begin human clinical trials on a vaccine aimed at preventing hiv. they say it was shown to stimulate a strong immune response in early testing. this vaccine is different from previous failed attempts because it uses a dead virus rather than a live one. the team led by a researcher at the university of western ontario plans to begin testing on humans next month. and playing an exercise videogame is a lot of fun, right? but you shouldn't replace it for actual exercising. dennis is shock. >> yeah. >> active videogames like the wii don't provide the same cardiovascular benefits as a traditional workout. most games require light to moderate energy. >> i have never seen anybody sweat doing that. >> you haven't seen me play. [ laughter ] for the first time, you will not need a tv to watch the super bowl. and it could include the 49ers.

the nfl said it will stream the world's biggest sporting event online and to the phones this year. it will include additional camera angles and game highlights, live statistics and yes, replays of all those super bowl commercials. lottery enthusiasts will have a chance to try again with a bigger pot at the end of the rainbow because there was no grand prize winner last night's $152 million mega millions drawing. the game is available in california and 41 other states. the jackpot will now be an estimated $173 million the next drawing friday night. a trip to see santa at the mall ended with two boys getting the gift they wanted the most their mom home from iraq. she was stationed in iraq as a member of the army reserves. she kept in touch with her family by computer so for christmas she and scott decided to surprise their two sons during their visit with santa. >> mommy!

delightful surprise for the mom who's >> so touching. >> her alma mater saluted her with the national anthem a delightful surprise for the mom who was home for christmas. >> they must have been so excited. 4:56. a christmas gift to californians probably not one you want. higher taxes. the plea from president obama to break the standoff in congress. special delivery or not. is this what really happens to your holiday packages? police response to "occupy" protests a very hot topic here at oakland city hall. both how to prevent protests at the port and have the police responded appropriately? that's the latest coming up. san jose police are busy looking for a carjacking suspect on the run since yesterday. we have exclusive video of the

chase coming up. ♪

secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. your realtime captioner is linda marie macdonald. oakland police under the microscope, how the city is

address the outrage over occupy violence. a carjacker steals two cars and wrecks a police motorcycle. the manhunt and the wild escape. and if you liked yesterday, you'll probably like today, as well. high pressure in place bringing us temperatures slightly above average. we'll tell you how high, coming up. roadwork along 880. details in just a few minutes. good morning, everybody. it is wednesday, december 21. i'm dennis o'donnell. frank has the morning off. >> i'm grace lee. it is 4:59. police responses to protests in oakland grabbing national headlines this morning. >> and the mayor plans to announce an investigation. anne makovec is in oakland where the city council divided over what to do the next time protestors try to close the port. good morning. reporter: good morning. this morning, we are expected to hear a big announcement from the mayor about this independent panel that is going to look into the police response to the "occupy" protests.