your realtime captioner is linda marie macdonald. oakland police face off with the "occupy" movement again. why officers broke up a late- night vigil. wow. it's going to be an impact. >> neighbors squaring off against facebook. how they stopped rapid expansion. good morning. it's thursday, it's january 5. i'm frank mallicoat. >> i'm grace lee. it's 4:30. i like thursday. look forward to friday. >> the weekend is looming. how are you doing? >> great! can't you tell? [ laughter ] >> i'm scared to ask him some

days. >> how's traffic? >> great, as well. a live look at the bay bridge toll plaza. we had a stalked vehicle on the lower deck removed quickly. traffic light. so that's a look at traffic. here's lawrence. >> yeah. we have some patchy fog at the coast. more of a sea breeze today. looks like temperatures will start to cool off. not a bad day though. numbers outside right now, 30s and 40s. patchy fog in the valleys. latter part of the day temperatures in the 60s. 50s at the coastline. the weekend? i'll tell you in a moment. >> i like the dramatic pause. >> santa rosa yesterday, 72. >> there we go. above 70, above the average. we are following a developing story out of the east bay. >> oakland police officers have another showdown with the "occupy" protestors believe it or not. anne makovec is live at frank ogawa plaza with more. here we go again, right, anne? >> reporter: that's right. everything is calm now at frank ogawa plaza in oakland.

you can see some people standing around talking about their next move. several people were arrested overnight. police have not said how many. this is after a temporary permit for a teepee was revoked. police moved into the plaza around 11:30. there have been a few confrontations an officer hit in the head on friday and a fire set in the area on tuesday. the teepee that was here was to serve as a reminder of the occupation at the plaza this past autumn but police say protestors weren't following the conditions of the permit, that the teepee could only stand between 6 a.m. and 10 p.m. and that it could not store personal belongings. the protestors also were not allowed to distribute food. now, some although lawyers for some of the "occupiers" plan to file a lawsuit to protect that

teepee in the future. they say you shouldn't need a permit to exercise your first amendment rights. >> what is the symbolism behind the teepee? do we know that? >> reporter: they are just trying to remind people of the fact that there used to be up to 200 tents here at frank ogawa plaza for almost two months. it's just supposed to stand for the fact that they are still planning on reclaiming the ground as the "occupiers" do and they were also distributing leaflets from this teepee and a table that they had nearby. >> okay. anne makovec live for us in oakland, thank you. police have backed off from a burglary suspect who ended up on a 200-foot cliff in san francisco. the man is suspected of stealing jewelry from an apartment tuesday evening. police say the building manager chased the suspect, who hopped over a wall, and then hid out on telegraph hill for hours. officers say it is too

dangerous to get him because the cliff is jagged and has a steep drop. it is almost 4:34. an elderly man fought back when an armed suspect broke into his home. the shootout happened at the landlord's upstairs unit in greenbrae. the intruder kicked the door in yesterday morning and held 90- year-old jay leone at gunpoint while he searched the apartment for valuables. leone grabbed his .38 caliber revolver and shot the suspect three times. leone was shot once until the face. neighbors aren't surprised. he told them he was a world war ii fighter pilot and former sheriff's deputy. >> hehe is a very agile, intell gent alert 90-year-old. he just turned 90 on december 26. intelligent and alert. he is the type of person who would defend his property. >> he is in good health and

lifts weights of day. the suspect drove away but didn't get far before he had to call 911 to claim he had accidentally shot himself. both men recovering in the hospital this morning. east palo alto has problems with facebook's plans to move to menlo park. today city council will decide whether to sue facebook. it would be to lessen the impact of their rapid expansion in the area. >> they spoke of expanding a campus right to east palo alto's borders so east palo alto is likely to feel the effects of that on traffic and housing and other issues that can impact the community. >> the tax base won't be helped in east palo alto that much. >> facebook has 2,000 employees at its menlo park campus and it is expected to grow to more than 6,000 over the next few years. it's looking more like the republican presidential nomination is mitt romney's to lose. but the contenders still in the running are getting more determined to slow him down. drew levinson has a look at the

race for the new hampshire primary looming just five days away. reporter: mitt romney hopes new hampshire will give him the landslide victory he couldn't get in iowa. >> talk about a squeaker. talk about a squeaker. do you think we can do a little better here in new hampshire? yeah. >> reporter: with senator john mccain at his side, he urged supporters to show up at the polls tuesday. a new survey shows romney holding a commanding lead in new hampshire with 43%. >> what you need to do i'm asking you is to make sure that we send him to south carolina with such momentum that it cannot be stopped. >> reporter: but the rest of the gop pack is trying to slow him down. >> governor romney in the end has a very limited appeal in a conservative party. >> reporter: newt gingrich slammed the former massachusetts governor wednesday while rick santorum tried to build on his own growing support. >> if we can move up and show momentum here too. >> reporter: now that michele

bachmann is out, rick santorum could pick up her conservative supporters. despite placing fifth in iowa, rick perry plans to keep fighting. >> all our friends in new hampshire and south carolina get ready, here we come. >> reporter: as for jon huntsman, he says the race is still wide open. >> we have been kicked around as people. we are getting screwed as americans. >> reporter: today he will begin airing his first tv ad in new hampshire a state he is counting on to kick-start his campaign. drew levinson, cbs news, washington. it is 4:37 now. iraqi officials have announced a suicide attack has killed 30 shiite pilgrims in southern iraq after explosions struck two shiite neighborhoods today in baghdad killing 27 people there. today's blast began with a bomb attached to a motorcycle near a bus stop. hospital officials say more than 60 people are being treated for injuries. the violence is further increasing fears that insurgents are stepping up attacks after the u.s. completed its troop withdrawal

just last month. meanwhile president obama will make a rare appearance at the pentagon today. he will join defense officials in outlining a new strategy for a leaner u.s. military. the proposal is expected to include plans to cut tens of thousands of ground troops and invest more in air and sea power. still early. probably not too many people out on the roads but we should check anyway. >> gianna is here. good morning. >> good morning. all right. looking pretty good on the roads, no major snags to report. live look at the golden gate bridge. you can see traffic just moving right along a couple of cars on the road. still a clear right southbound 101 out of marin county. we have a minor accident northbound 680 at mission boulevard. it's over to the right shoulder, not a factor but again, if there are police on scene it may cause some slight spectator slowing. other than that, quiet on 680. 880 not too bad. southbound clear to hayward northbound looking good toward the maze. and a look at the bay bridge toll plaza now. we started off the morning with a broken-down vehicle on the lower deck. that's cleared.

and no delays as you approach the pay gates there and head into san francisco. we'll check mass transit coming up. right now, it's been warm and dry, lawrence. >> going to stay dry but starting to cool down around the bay area today, gianna, as well. that high pressure starting to slide eastward so we are seeing more of a sea breeze kick in today and that's bringing with it more clouds at the coast. we have dense fog in the north bay valleys into napa and also parts of san rafael, you're seeing flog as well so watch out for that early on this morning, fog in san rafael. 36 and fog in santa rosa. 46 in san francisco. 39 in livermore and 41 in oakland. this afternoon it will still be pleasant. temperatures still running well above the average for this time of the year, about 64 degrees in san jose. 64 in livermore. and about 65 degrees in santa rosa. but the temperatures are going to start to come down as we'll see more of a sea breeze for today and probably the next couple of days we'll watch these temperatures coming down at least a couple degrees through friday. toward the weekend we'll see that offshore wind blowing, may

get breezy over the mountaintops on saturday and sunday. staying nice and dry still for the next five to seven days. back to you. >> thank you. it's 4:40 now. helping slash san jose's big budget deficit. the sacrifice city leaders could soon be making. good news for procrastinators. the new day to file your taxes. there is no reason for [ indiscernible ] >> it could happen to you. how an airline passenger ended up in the wrong city. how did it happen? we'll tell you when we come back.

he will be the first elected hispanic to hold that position. george gascon will be sworn in today as san francisco's district attorney. he will be the first elected hispanic to hold the position. he won a four-year term in the november election winning 62% of the rank choice vote. he replaces kamala harris elected the state attorney

general. san francisco city counsel will consider reducing its pension plan. mayor chuck reed and pete constant are behind the proposal which will be considered january 24th for san jose. pension plans for the mayor and councilmembers are separate for the ones covering most city workers. a plan to reduce those retirement benefits could go to a public vote. but that would happen in june. you're going to have a couple of extra days to do your taxes. 2012 tax filings are now due april 17th, two days later than usual. april 15 is a sunday, and monday after that is emancipation day a holiday in washington, d.c. expect to pay even more if you like the word organic on your carton of milk because there is a nationwide shortage. the "new york times" says the main reason is that the combination of smaller supply and an increased demand, the cost of organic grain and hay

and cows has risen sharply. a catch worth savoring off the northeast coast of japan. a blue fin tuna weighed in at 593 pounds. it went for a whole lot of money just over $750,000 in the first auction of the year at a tokyo fish market. [ non-english language ] >> very famous. you can get fish or anything there, sushi. he was supposed to be visiting grandma in tulsa. >> instead, he spent a day stranded in st. louis. that's 15-year-old eric's story about his christmas break. the boy got comfortable after he settled in on a southwest flight from phoenix. >> what does that mean? >> he slept through his stop is basically what happened. >> okay. >> just put my headphones in and fell asleep. >> he woke up in st. louis with no family, no money, no help. >> i told a security guy my situation and couldn't do

anything. >> after he wandered around st. louis for nearly 24 hours, a good samaritan helped him call home. his grandmother is now calling southwest getting a promise to check their policies about "children" traveling alone. can you imagine his parents? 24 showers in. >> it's not like he was 10. he's 15 so a little more responsible, you deplane, you might ask a question. >> get him a phone. >> a phone would help, too. that's for sure. it's 4:45 now. a state lawmaker cited at the airport. the dangerous item he had in his briefcase. >> plus a car parked on top of a roof. why the driver had even more to be embarrassed about. and fake or real? you decide. the marriage proposal gone terribly wrong. coming up. high pressure now heading east. our temperatures beginning tocle down. more fog on the way. we'll talk about that coming up. 3q

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the t-s-a says republican back at 4. 47 now. a state lawmaker has been cited for trying to carry a loaded gun on a plane.

the tsa says this man, republican assemblyman tim donnellly, had a colt 45 and an extra magazine in his briefcase when he tried to board a plane yesterday. he was stopped at ontario international airport down in southern california. he says he stowed the weapon there over the weekend and forgot about it. >> i made a terrible regrettable mistake by carrying a firearm into the airport. and, you know, i'm deeply sorry for the trouble i caused and inconvenience to people who are traveling. and it was a mistake. >> he is a staunch supporter of gun rights and vocally opposed the state's new open carry ban. he was cited on a misdemeanor. one police officer is dead and five others injured after a shootout in utah. police were serving a drug- related search warrant when the shooting began. initial reports say two of the officers may have been seriously hurt. now there is word that one

officer has died. the suspect is in custody and in the hospital being treated for a gunshot wound. police say the weapon a texas 8th grader he pulled on officers before they killed him in a school hallway looked like a real gun. 15-year-old jaime gonzalez had plenty of opportunities to lower the weapon but didn't want to. police say gonzalez had punched another boy in school. he was carrying a pellet gun. a woman's car caught on fire in oklahoma city. she began filling her car, then got inside to stay warm. that created some static electricity when the pump clicked off igniting the fireball. the manager shut off the pump as the car burned. nobody was hurt. check this out. a bizarre crash in fresno. a car landed on a home there. police say the speeding driver lost control, hit some rocks, a tree stump, before you know it went airborne.

the driver ran away only wearing his boxer shorts. something more to this story i think. >> you think? >> he was later arrested. a crane was used to get that car off the house. >> looks like dukes of hazzard to me with the car on the roof. >> only wearing boxers? >> any cars on roofs here in the bay area, gianna. no, none of that madness here right now. no cars on roofs but we have cars on the freeways, not too many. live look at the bay bridge toll plaza, very light conditions approaching the pay gates. upper deck into san francisco, no delays on the lower deck as you work your way into oakland. no word on any roadwork either, i'll check on that in a few minutes. live look at the golden gate bridge, quiet, 11 minutes south 101 from 580 to the pay gates at the golden gate bridge. you can see things are pretty quiet and back there those flashing lights doing the lane changes there this morning. elsewhere working your way on the rest of the bridges this morning, san mateo, benicia bridge, richmond/san rafael bridge, no fog advisories, no delays, everything looking good

for most of our bridges this morning, there was some roadwork on the dumbarton bridge on the eastbound side, that should be wrapped up within the next 10 minutes. mass transit right on time this morning. bart, ace, muni, caltrain you ferries all checking in with no problems. the rest of the bay looks just like this. north 680 at mission boulevard that accident off to the right side and no major delays there. so pretty much clear along 680. 880 looks good in and out of oakland. southbound to 92 looks good all the way to the south bay. travel times through the east bay things are showing lots of green so that indicates good st. peter's as you work your way a-- good speeds as you work your way along 24. eastshore freeway from the carquinez bridge no problems. the south bay same story here. things nice and light this morning. live look at 280 through downtown san jose. still dark just a couple of cars on the roads. but no delays there and also looking good at 880/237 connector through milpitas. let's check 101 in san jose.

we have our photographer edgar standing by and there's a few cars out there on the northbound side but again, overall so far, so good as you head out. and 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 traffic. here's lawrence with the forecast. >> what a gorgeous day yesterday. today not bad. but we'll have cooler temperatures outside with more of a sea breeze is developing as high pressure is starting to weaken and slide east. more clouds the next couple of days cooling down the temperatures cooling down the temperatures a bit. around the bay area this morning, we have a couple of patches of fog, most of that in the north bay valleys towards santa rosa and the napa valley so cooler today. but looks like more sunshine and warmer weather toward the weekend. out there now, it's looking like a good start to the day and temperatures right now not too bad. 40 degrees in concord. 41 in oakland. 39 a little chilly into the livermore valley and 36 with the fog in santa rosa. i think we're looking at nice weather traveling around the state. watch out for dense fog in the

central valley early on this morning in sacramento. still 64, hazy sunshine by the afternoon there. 62 in fresno. high country 50s with partly cloudy skies. that ridge of high pressure that's been bringing us some great weather looking like it's sliding eastward. we have a couple of systems moving in here. nothing that's going to bring us rain but it will bring cooler weather and more fog over the next couple of days and then that ridge will build back in toward the weekend. temperatures today still going to be nice. 66 in morgan hill. one of the warmer spots. 56 mountainment view. 58 pacifica with fog. 56 mountain view. east bay temperatures mid-60s into brentwood and pittsburg. about 64 at livermore and 63 degrees in pleasant hill. inside the bay we'll find those temperatures up in the 50s. more of a sea breeze kicking in blowing more fog throughout the morning hours inside the bay and toward the oakland area. temperatures going to cool off for the next couple but toward the weekend those winds are going to switch again become offshore likely going to see some of those temperatures well into the 60s again. probably the warm spot on

sunday afternoon, then we start to cool down sunday. lots of 60s at the coast. >> that's a beautiful forecast. >> i would love to have some rain but there's nothing out there now. >> nothing. you got nothing. >> i got nothing out there right now. >> can you work on that when we talk to you next time. >> i will absolutely. >> thank you. 4:54 now. in health news, more women are apparently having twins these days. an expert says the reason is a double whammy. more women are having kids later in life which increases the likelihood of having twins. and more women are taking fertility treatments, as well. according to the cdc, since 1980, the twins rate has doubled. in 2009, one in 30 babies born here in the united states was a twin. >> wow. all right. scientists are one step closer to developing a vaccine against hiv. an experimental vaccine on monkeys provided partial protection against infection. in some it reduced the amount of virus in the blood.

boston researchers are planning human trials. new research shows taking an aspirin every day to prevent heart attack may actually increase risk of blindness. the study found people over 64 years old had double the risk of developing age related macular degeneration. researchers say the findings need to be confirmed and people who take daily aspirin should not as to be. the golden state warriors have lost a star player to injuries. stephen curry had another ankle injury. third time he sprained that ankle. no idea how long he will be out. they lost the game. they could have used him last night. college football, stanford and cal, a long time ago 1981, they are not going play each other in the final game of the rick season in late november. instead, they will get together on october 20 this year because of the big changes in the pac-

12 conference bringing in colorado and utah, which is kind of strange because it's always the last or second-to- last game in late october. so... kind of like usc and ucla. you guys always play late and cal and stanford should too but not this year. it's one thing when a guy pops the question and she says no. it's another at a sporting event and the video goes viral. >> poor guy. in youngit was at a jumbo screen at ucla basketball before christmas. there is a long awkward silence and gasps from the crowd, the girlfriend shakes her head and walks away. >> oh. >> it looks staged. a spokesman from ucla said no, that was real. and that's awful. [ laughter ] >> for the guy. look at her. >> wow. >> i love the sideline reporter, he goes, okay, well, that didn't work out. back to you. >> where do you go from there?

>> you take the ring back and hopefully get your money an run like the wind. >> that's awful. >> he should have known better. it's almost 4:57. apple, we have a problem. the new gripe people have with their iphones. coming up. >> and it's a cliff caper that has police in a tough spot. why a burglary suspect won't face trouble for now. and another confrontation between "occupy" protestors and the oakland police. we'll tell you what happened overnight and the status of the teepee that's been here at frank ogawa plaza for more than a month. facebook has moved to a new location. good news for the company, but bad news for east palo alto. city officials consider suing facebook. we'll tell you why coming up.

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your realtime captioner is linda marie macdonald. it's a clash between oakland police and the "occupy" protestors. once again, why demonstrators were arrested over a teepee. uhm...., wow. it's going to