nia. before the big contest for the gop race for the white house, presidential hopeful firing back at a ballot rule in virginia. and the trends that may help governor brown line up support for his tax hike proposal. good morning, it's wednesday, december 28. good to have you with us bright and early. i'm frank mallicoat. >> i'm grace lee. only a few days left in this year. >> 4:30. it's really early-morning. >> or very late. one of the two. >> that's true. >> depending on which -- >> depending what side you're on. if you are out and about hitting the scene right now at 4:30, these are your current temperatures. >> that's what i was doing. [ laughter ] >> we just never went to bed last night. we're actually slightly above today -- we were slightly warmer is what i should say

today than at this time yesterday. 30s, 40s, nowhere near freezing. even in napa temperatures in the upper 30s to low 40s. so we'll be warming up slightly by this afternoon. unfortunately, mostly cloudy skies. we'll tell you more about that coming up. in the meantime, let's get a check of the roads with gianna. >> there are a few more than the last few days but overall no accidents. roadwork on the bay bridge as well as the caldecott tunnel so i'll have details on that in a few minutes. we begin with the "occupy" movement. it's back, it's revived in the city of oakland. >> a new encampment is set up there. anne makovec is in west oakland at the cypress triangle site. >> reporter: that's what they are calling it. "occupy oakland's" newest encampment in west oakland is

here behind me on peralta street near mandela parkway. there are more than a dozen tents behind the fence, kind of an island here in the middle of the parkway. these "occupiers" moved their tents in yesterday and encouraged others to join in via their website, occupy california. oakland had been "occupy" camp- free for more than a month after police cleared out another camp here in west oakland in november. this is the demise of the "occupy oakland" encampment at frank ogawa plaza on november 14. the group also occupied snow park near lake merritt for a few days and were kicked out of there, as well. the "occupy" movement started out protesting corporate greed and unemployment and it has since encompassed a lot of other social issues. so we'll see how long they are allowed to stay here in west oakland.

back to you guys. >> if it follows history, not that much longer. thank you. governor brown says he is working to get business and labor leaders behind his tax hike plans. the governor plans to ask voters for $7 billion in new taxes all part of what would be through a temporary half cent sales tax hike. he also wants to raise income taxes on those making a quarter million dollars or more a year. the legislature would have to approve putting a plan on the ballot. cbs 5 political analyst joe tuman says recent cuts could help the governor get his plan passed. >> i think in california, after 10 or 11 months of looking at the possibility of not having the revenues he needs to provide basic services, california residents are also willing to look the attacks -- asking people to pay more money to pay more in tax, as well. >> the governor says without increases, the state will face more drastic cuts in 2012. air quality in the bay area is at unhealthy levels now as it was after the big wildfires back in 2008.

that's according to the air quality management district which blames the pollution in part on people who burned wood fires illegally on the christmas eve and christmas day. authorities are sorting through dozens of cases of potential violations. repeat offenders could get fines of $400. oakland police are trying to find an attempted kidnapping suspect. it was reported about 12:30 monday afternoon on arrowhead drive. investigators say that the man used candy in an attempt to lure a 9-year-old boy into a vehicle. the boy refused and escaped after the man grabbed his arm. the suspect is described as being in his 30s, about 5'6", with short hair and light moustache. a not guilty plea submitted by the san francisco man accused of posing as a doctor and performing cosmetic surgery. carlos guzman garza faces 10 felony counts including assault and practicing a medicine

without license. he allegedly performed liposuction on a woman while smoking a cigar. baseball owners apparently will not be talking about changing territorial rights here in the bay area when they meet in arizona next month. there has been recent talk that the oakland as mite be allowed to move to the -- might be allowed to move to the south bay, currently designated as san francisco giants territory. we were expecting a decision in the coming weeks. the "chronicle" reports that those close to the situation say this issue is not on the agenda for the owners meeting that's coming up. authorities are trying to figure out what caused a small plane to crash in concord sending two people to the hospital. emergency crews pulled a pilot and passenger out of the single- engine plane that had taken off from buchanan field yesterday afternoon. one person was described as having minor injuries. the other as having major injuries. the faa says that the pilot declared an emergency immediately after taking off,

then tried to make it back to the airport before crashing. another distress call on the tarmac at sacramento international airport after two tires blew out on a southwest plane. that forced the captain to aboard take-off leaving the jet and 130 passengers temporarily grounded. the plane was headed to seattle. southwest says firefighters were called in to hose down the 737 but just as a precaution. and no one was hurt. rick perry's presidential campaign has announced a lawsuit challenging ballot rules in the state of virginia. it comes after perry's campaign failed to turn in 10,000 valid signatures to qualify for the state's republican primary ballot. only mitt romney and ron paul by the way qualified in virginia. meanwhile, most of the gop hopefuls are busy campaigning in iowa, where else, where republican voters will caucus six days from today. many voters are still undecided. >> i'm 61. i've heard it all before.

they all said the same thing. >> whoever convinces me that they are going to help unemployment, get people back to work, and cut government spending. >> meanwhile newt gingrich has some sharp criticism for one of his opponents. that would be ron paul. told cnn that paul's views are totally outside the mainstream of virtually every decent american. the pentagon reports an increase in sexual assaults at three of the nation's military academies. 65 assaults were reported the last school year at annapolis, west point and the air force academy. that's up from 41 the year before. the defense department says the number of assaults might be up because it's encouraging victims to now report those attacks. tens of thousands of north koreans lined the snowy streets today to watch kim jong-il's hearse pass by. the communist country's long- time dictator died more than a week ago. kim's youngest son and successor kim jong-un walked

alongside. some analysts believe the transition could mark a turning point for north korea and its relationship with the rest of the world. >> it may very well be a moment of opportunity for north korea. on the other hand, they are a nuclear power and they have tested this nuclear power. >> a national memorial service for kim will be held tomorrow. 4:38 now. three security contractors held in iraq for more than two weeks have now been released. they include two americans. a new york congressman says that the three men were working for a security firm when iraqi ministry of defense officials suddenly rejected paperwork and held them on december 9. they were freed yesterday and appear to be in good condition. so some good news there. it was cold yesterday but not too bad this morning. >> yeah, not too bad. >> warming up a little bit? >> a little bit. >> shall we ask elizabeth? >> she knows better than we do. >> i went out about 9:00 yesterday morning to get a cup of coffee. it was freezing! >> it was cold last night.

did you notice today it was milder? >> i left my windows open. that was my test. >> very good. good test. we have a few more clouds out there keeping a blanket over the bay area so these temperatures are a little slightly more mild than yesterday. you can see 40s, a few upper 30s in fairfield, livermore, some of our inland valleys. otherwise, temperatures average for this i am too far year for your overnight -- for this time of year for your overnight lows. we'll warm up this afternoon and stay dry. this high pressure remains in place so it's bringing us a few more clouds. we are going to see partly to mostly cloudy skies across the bay area not as much sunshine but that low that is bringing a chance of rain looks like it's going to stay north of the bay area for today. so temperatures later on today a few more 60s out there. so temperatures a few degrees warmer today than we saw yesterday. coming up we'll get a check of your seven-day forecast. show you what it's going to be like for new year's eve. in the meantime, for an update on the roads, here's gianna. >> thank you very much, elizabeth. we are dealing with some

construction this morning along highway 24 eastbound at the time caldecott tunnel they just cleared a trouble spot in the left bore. all lanes are open. roadwork eastbound 24 from oak hill through central lafayette left lane closed. the caldecott tunnel all lanes reopened. bay bridge no trouble spots right now. you're clear at the pay gates. metering lights are off. on the flip side though, eastbound we're going to see some roadwork later on today so expect some delays until about 2:00. 4:40. coming up, new occupy plans for the rose parade. >> plus, got a parking ticket? why you might not have to pay that fine. and it's not fit to drink the water. [ indiscernible ] a county monitoring a landlord caught bleaching his tenants' water coming up.

rental a cbs 5 investigation has led to safer drinking water for some east bay residents.

people in rental homes in hayward get their water from wells. the water was contaminated with coliform bacteria there. the landlord was treating the well water by pouring cups of full household clorox bleach. county health inspectors admit it's been a low priority. >> we had them under some monitoring in years past but have since sort of, you know, fallen off the map here. >> since our investigation last spring, the county has forced the landlord to install a professional chlorination system and to submit water samples for testing every month. parking in private lots as we all know can be very expensive and it turns out that some lot operators police their own lots issuing tickets for alleged violations and they look like real tickets. but just how legitimate are they? on the consumerwatch, julie watts investigates after one driver got a very big surprise. reporter: >> it's a convenient lot to where i work.

>> reporter: so for years, cbs employee ann marie has been using this private parking lot in san francisco. >> that's a $15 fee. you pay at a machine. and it spits out the ticket that you then take to your car and put it in the dash. >> reporter: it's a routine she knows well. she does it every day but last month she returned to her car to find a $40 parking violation for failing to show proof of payment in her dashboard. ann marie insists it was there. it was simply flipped the wrong way. >> i was in a hurry in the morning and threw the ticket in and didn't double-check. >> reporter: but when she showed proof of payment the company said she still had to pay what ann marie feels is an unfair $25 fine for an upside- down ticket. >> at that point i was a little concerned that if i didn't pay the $25 fine, there might be a -- it might be record to the dmv or my car might be booted. >> reporter: show she turned to consumerwatch and we decided to find out just how much damage those private parking lot tickets can do. >> they have created a piece of paper that may resemble to many

drivers an actual ticket. >> reporter: but this criminal defense attorney says these parking violations aren't enforceable by the city or the state; therefore, they don't get reported to the dmv. >> they want you to believe that this is actually a parking ticket. but that's not what this is at all. >> reporter: although she does say repeat offenders can be towed and in some cases sent to collections, ann marie has made up her mind. >> i'm not going to pay. i refuse to pay as a matter of principle. >> reporter: we did call priority parking the company that issued the violation and agreeing it was an honest mistake, the company has now decided to waive that $25 fee. on the consumerwatch, julie watts, cbs 5. if you need help on a consumer problem, call consumerwatch at 1-888-5-helps- u. or you can go to our website, cbssf.com and send us an email with your story. >> is there anything more maddening than a parking ticket? you come back, you're racing back, oh, good -- oh, no!!

your $20 lunch just became a $120 lunch. awful. 4:45. even a scam can lead to something good. >> the silicon valley chapter of the bluestar moms lost $3,000 at the atm and credit card skimming scam that targeted lucky supermarkets in the bay area. since then the group has received $11,000 in donations. the bluestar moms send c.a.r.e. packages to military members overseas. so something bad turns into something very good. coming up next, what bay area retailers could be celebrating a very happy new year. >> plus, alarm bells won't be enough to get help in one city. what else needs to happen before police can come running. and the floats, the games, and the protestors?! new "occupy" plans for the rose parade. we'll explain. and we're weaking up to temperatures mostly in the 30s and 40s this morning. also partly to mostly cloudy skies. how warm is it going to get by this afternoon? we'll let you know after the break. [ male announcer ] citibank's new app for ipad

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to signal a break-in and alert police. but with a vast majority of those call the sound of a burglar alarm signals a break-in to the police but because of false alarms officers in san jose will no longer respond. joe vazquez explains where most burglar alarms will soon be falling on deaf ears. >> reporter: go ahead, set your burglar alarm but just so you know, starting next week, if it goes off, there's a good chance the san jose police are not coming. >> we had 12,450 alarm calls in 2010. 98.4% of those were false alarms. so it's a huge drain on our resources. >> reporter: police spokesman jason dwyer says that 98.4% false alarm rate is keeping officers off the street away from real crimes. last year, after all those calls, only 2 people were ever arrested. so as of january 1, the police department will only respond if the alarm is verified. >> if they have some indication

that the suspect is there or even if the suspect is gone but we believe that somebody has burglarized the house or forced entry we're going to go out to those. >> i think that yeah, that's a good way to cut, save some money. >> i don't think it's the right thing to do. i think they should show up no matter what. >> reporter: but they are saying they have a 98.4% false rate. >> it doesn't matter. i have a daughter with an infant child. if my alarm went off, i expect them to be there. >> reporter: this alarm installer worries that people might put themselves in harm's way to verify an alarm. >> if i have a neighbor walking over to one of my client's homes checking the alarm and it's ringing and who runs out the back door an intruder, that's a very dangerous situation. >> reporter: joe vazquez, cbs 5. the countdown is on for the 123rd tournament of roses parade. volunteers are working around the clock it get ready by next

week. the theme this year, "just imagine." "occupy l.a." members are planning to make their presence felt at the parade and they may have a float of their own. parade officials may not let that float in. it probably depends on what it looks like. >> the tournament of roses has the right to issue the permit for the parade exclusively. and they have not been issued a permit by the tournament. >> the reason that demonstrators want to get involved is that they want to protest the corporate money that is involved in the parade. interesting. >> a lot of that money goes to charity, too. so anyway. >> we'll see what happens. >> think they are going to have a hard time sneaking that float in with tents or whatever is on that. how about some weather? not bad so far. let's see what elizabeth has to say about that. you did notice the temperatures were a few degrees warmer today if you stepped out the door so yeah, we're mostly in the 30s and 40s. high clouds, low clouds, just partly to mostly cloudy skies across the bay area. so it's actually keeping a blanket over the bay area

keeping these temperatures slightly more mild. so nothing near freezing today. mostly in the upper 30s to 40s across the coast, bay and inland. for later on this afternoon, temperatures are also going to be climbing a bit warmer than what we saw yesterday mostly in the upper 50s to low 60s. so again we are going to see a lot more clouds so not as much sunshine unfortunately if you are a sunshine person. but it will be on the slightly more mild side. so the reason why is this high that we have been dealing with. it's been moving south. so we have a low pressure system moving into the pacific northwest bringing rain showers to parts of washington, oregon and extreme northern california. for us you the rain showers will -- for us, the rain showers will stay north of the bay area, just cloudy and mild temperatures. the rain stays just north of us. all right. temperatures across the bay for later on today in the 60s. more 60s today than yesterday. 63 in mountain view. 60 napa. also in the north bay, 60 in

san rafael. a few cooler spots, 57 in stinson beach and 59 in mill valley. so definitely not beach weather today. partly cloudy skies continue today and through thursday. friday we are leaving a slight chance of rain in the forecast mainly in the north bay. but we are keeping that in. otherwise, saturday and you your new -- saturday, sunday, your new year's eve forecast looks good through the early part of next year. happy new year 2012, partly cloudy skies, temperatures in the upper 30s though low 50s. that is your weather. for your traffic, here's gianna. >> thank you, elizabeth. let's jump over to the south bay. we have our photographer edgar standing by with a live look at conditions along 101. this is near the mckee exit. you can see traffic actually free-flowing both directions no major delays to report through there. the rest of the south bay looks problem-free. on the maps, here's a look at conditions along northbound 280 just a few cars out there on the roads. and 880/237 interchange we have some roadwork there off to the side. the flashing lights. but overall no major snags approaching that area.

880 looks good in both directions as you head through oakland. we are getting word, though, of a water main break in san leandro at the intersection of williams and leonard. looks like it might be a significant one. may affect a.c. transit so we'll get you more details on that as it comes n eastbound 24 from oak hill to central lafayette left lane closed for ongoing roadwork wrapping up in the next few minutes. everything free and clear on the bay bridge toll plaza. later on roadwork on the lower deck of the bay bridge getting under way from 7 a.m. to 2 p.m. blocking the left lane near treasure island. back to you. >> thank you. a new blood test holds the promise of a more accurate diagnosis of heart problems. doctors already have a test that can tell if muscles in a person's heart are being damaged but now researchers have developed a new version that's more sensitive. a new german study finds it is more accurate at diagnosing a heart attack. doctors say overnight shift

work should be considered an occupational health hazard. studies on nurses and other workers indicate that people worked late night and overnight shifts tend to have poor eating habits. i think we may agree with that. that raises their risk of obesity and type 2 diabetes. researchers say physicians should look at shift work as a risk factor in obesity-related illnesses. and your health insurance bill is likely about to go up a little bit. the government is adding a new fee to most insurance plans. the money will go towards research into which drugs, medical procedures an treatments are the most effective. the $1 per person begins in 2012 but won't show up on your bill until a year in now. 4:55 now. bay area stores may see some good news for their bottom lines as shoppers start spending more cash. data shows consumer confidence is soaring. the index climbed 10 points in december. economists say consumers are reacting to job growth, unemployment is down to 8.6%,

and it had been above 9 for a long time. and the economy has churned out at least 100,000 new jobs for five months straight. >> if you see your neighbor has a job and you got a raise maybe and your job future looks good, you feel fine again. >> seems like the economy is a little bit better, a little bit more money for a little extra. >> retailers say the numbers are not in yet but it appears to be the best business they have had in years. if you talkretailers a lot of them agree. my sister is in the retail business and she says it's been better than it has for at least a few years. the mission to help a san jose family left homeless by a house fire. and just when you thought the "occupy" movement stopped camping in the bay area, think again. a new encampment set up in oakland.

we'll tell you where, why and what's unique about it coming up.

your realtime captioner is linda marie macdonald. it's the end of an era in

north korea where thousands pay their final respects to kim jong-il. >> counting down to the first contest for the republican presidential candidates. >> checking out our satellite and radar you can see a little activity behind me. most of the rain showers are north of the bay area. we'll have more coming up. >> 880 off to a good start but we are getting word of a water main break on surface streets. details in minutes. good morning, everyone. it is wednesday, december 28. good to have you with us bright and early. i'm frank mallicoat. >> on this hump day. >> hump day, that's right. >> already wednesday. >> i'm grace lee. it is 4:59. and we begin with this story because they are back in the east bay. >> that would be the "occupy" protestors. they have a new camp this morning and anne makovec joins us from what they are calling the cypress triangle in west oakland. >> reporter: it is not a very public location. it's on peralta street here