good evening, i'm ann notarangelo. he was found overnight in a

parking lot. tonight, we still don't know who was responsible for a six- year-old boy. he was found alone, outside a bank, near the san leandro border. don knapp is in oakland with what police are saying. don? >> and this mixed residential and business area on east 14th. right at the san leandro open border is not a bad neighborhood but it is certainly not the neighborhood you would expect to find a 6- year-old child wandering about at 3:30 in the morning. that's what passerby did find and fortunately for the child called police. >> a citizen who was in the area, noticed a little boy by himself. did a fantastic job. stopped. and stayed with the little boy. after calling the oakland police department. when officers arrived, they took the little boy into their care. the little boy currently is at a safe place. >> reporter: the boy is seen here in the back of a police car. as oakland police officers arranged for child protective services to get involved. cps now has the boy. and what the officer says is a

safe place. and cps has taken charge of the investigation. >> any time we have a child involved, child protective services takes the primary lead with the investigation. and through that, it will be determined if there was criminal negligence, or if this was just an accident, a simple mistake. something happened. >> so the child is fine. now, the parent and guardian has been contacted. the child is not with the parent/guardian yet because the investigation continues. ann? >> don, thank you much. well, oakland police are also trying to figure out what happened to a woman found dead in a home overnight. now, her body was found just after 2:00 this morning. in a house on lieman road. that's in oakland's oakmoore district. the woman has not been yet identified. a cause of death has not been released. an east bay woman was found dead after a fire in her condo just after 5:00 this morning. the firefighters got there, and

they saw flames, and smoke, blowing out of the front door. and a 60-year-old man got out and was treated for burns and smoke inhalation. the 60-year-old woman who died and it is not known what started the fire. a four-year battle over started -- around 10:30 this morning in vacaville. high winds fanned the flames and made it difficult for futures to get control. a person living in the home was moving out. and had all of his belongings in a storage trailer. the trailer was destroyed. the cause has not been named. well, the calendar and the weather are not matching up this year. usually, the bay area is getting drenched right about now. and instead, we're warm and dry. and firefighters say now is the time to think about fire protection. john raymath shows us the destructive wildfires can start where you would least expect them. >> reporter: you wouldn't think houses on this street are in danger of wildfire. until you see their backyards. >> nine times out of 10, people say we just weren't prepared. we just weren't ready.

we just didn't think about it. and now we have a threat upon us. >> there are 30,000 people living in the canyons above hayward. most of them understand that they are in danger. and they know it because of this. the oakland hills fire, in 1991, convinced a lot of people, that even urban areas can burn out of control. >> my husband and i stay home every year on the fourth of july with our hoses on our deck and although i don't know if that will save our home or not, at least we will be able to spot something start. >> reporter: the hayward hills have many of the same conditions as oakland, and the fire department here has received a government grant to help residents help themselves. >> we've got dry weather right now. people can create their defensible space and do some of that landscape work. >> reporter: the hope is that homeowners will clear out a lot of the excess fuels around their houses. and the grant will even pay for wood chippers to remove the debris. the residents at this meeting take the threat seriously. but kevin sheman has been battling his neighbor for years. >> every summer, the weeds get six, seven feet high, sometimes

higher than, that and i've got to call and call and call and fight with him and fight with him. >> reporter: so firefighters are dedicated people, but they are not suicidal. and one of them told me that this is exactly the kind of house that they might just let burn. because it is built on the shear side of a cliff. and those trees are at a level where they don't think they will be able to save this house in a fire storm. >> as soon as we have one house in a neighborhood that is not creating a defensible space, they are exposing all of their neighbors to that threat and it makes it extremely difficult for us to make access to that property. >> reporter: in a place like this, it is that access that can spell the difference between life and death. in hayward, john raymath cbs 5. the cost to get into the monterey bay aquarium has gone up 10%, the first price hike in three years. and general admission is now 32.95. and an aquarium spokesperson says the goal is to remain the best aquarium in the world. and operating revenues are what pays for that. research by the aquarium shows

people won't mind paying an extra three dollars on admission. nearly 2 million people visit every year. a life saver could have been among the crowd at a bone marrow drive in san mateo today. kyle crawford was recently diagnosed with a potentially fatal bone marrow disease. he needs a transplant. but it is difficult to find a match for him since he is half caucasian and half chinese. the drive is an effort to find a match with someone of similar ethnic background. kyle's mother stopped by to thank donors. she was on the way to the hospital emergency room where kyle was taken today. >> i'm just amazed. an amazing community that we have. hope. that's all we have is hope. thank you so much. >> there will be another bone marrow drive next saturday. if you can buy a beer, should you be able to buy a joint? it is a question california voters are being asked. what the state has to gain and why critics say the rewards are

not enough. you've been spreading lies and rumors all year. >> can you put up your hand when you're done so i can answer your. >> he answer. >> they're still fighting about it in the south bay. the push against the money approved for a new niners stadium. and this lovely weather pattern looks like it will continue through the rest of the weekend. and into the beginning of the week. more balmy temperatures coming your way in just a few minutes.

former house speaker nancy pelosi was back in her home district in san francisco t, the new year with former house speaker nancy pelosi was back in her home district in san francisco today. celebrating the new year with her constituents. pelosi was accompanied by california democratic chairman john burton and mayor ed lee. she denied rumors she is retiring. and promised to continue to lead the fight for the extension of payroll tax cuts and unemployment benefits. make it legal. we all win a pro-cannabis group says legalizing marijuana for everyone would make money for the state and hoping to take the issue to voters. as derrick shore shows us, before that happens, you will need to convince a lot of people to treat pot like

alcohol. >> i don't do it so i oppose it. >> i don't necessarily have a problem with it. >> opinions for both sides tonight. on a push to make marijuana, well, a lot like alcohol. >> someone of age, somebody more responsible, so 21 would be a good age. >> it is called the california hemp and health initiative and force cops to change the way they see the drug. >> the plant is decriminalized. there would be nothing for there to be a charge for. >> jose lara is with the group behind the initiative. he says the plan is simple. any amount of cannabis would be legal. for anyone 21 and older. at the same time, since pot wouldn't be a crime, nonviolent offenders would be released from prison. and walk free. >> our job is not done, until our people are let free. and undo this unjustice that has been done to us. >> it is a move that state analysts say would save hundreds of millions of dollars a year, with hundreds of california prisons filled to

capacity. >> it is not right to legalize it. to make it so easy. >> others willing to listen. >> what you do is your own business, as long as you're not hurting other people. >> they will figure out a way to regulate it, like alcohol, then maybe that will be the best thing to do. >> reporter: the initiative in need of more than half a million significants before voters can decide just how they see marijuana. >> it all comes down to choice, it is one of the principles that i believe. >> that was derrick shore reporting. supporters of the initiative started collecting significants today. they will have -- signatures today. they will have three months to get the 500,000 signatures needs to get the measure on the november ballot. more than they bargained for. and some say not a bargain at all. the fight over financing in santa clara is heating up once again. who says they're getting a raw deal. and a beautiful weekend here in the bay area. but when will it start to feel like winter? jim bernard is coming up next.

with great america over par. that ends a long four year battle. now on to another f: the 49ers have reached a deal with great america over parking and that ends a long four-year battle. but now on to another fight. some santa clara voters are shocked at the stadium's increasing costs. anne makovec on why they say the city misled them. >> debbie, you've been spreading lies and rumors for a

year. >> will you put up your hand when you're done so i answer your question? >> answer. >> it is a debate many thought was over. should santa clara help build a new $1 billion said yum for the 49ers on land -- stadium for the 49ers on land near the great america theme park. the city council just passed the financing plan, including an $850 million bank loan. >> we're not naysayers. we want what is right and fiscally responsible for the city of santa clara. >> reporter: the group santa clara plays fair is collecting signatures for a referendum on that loan saying it is not the same plan voters passed in measure j, supporting this stadium in 2010. >> now that we have a contract, it doesn't match what we were told. so we need to look under the covers and have the chance to vote on what is finally coming. and not what is portrayed. >> reporter: reaction to the petition at the farmer's market was mixed. >> most of my friends, and their friends, they are for the stadium. >> reporter: but dozens signed their names. >> why did you decide to sign it? >> why did i decide to sign it?

because i trust these people here. >> but the reality of it, a lot of information is misinformation, the same misinformation they were giving with j that passed. and i'm sure there will be more. >> reporter: the city is not even sure a referendum on this vote is legal. >> we're still researching it. so until the attorney comes out with a conclusive recommendation to the council, i would be reluctant to say anything. >> reporter: if he can't figure -- >> if he can't figure out this is legal, because it is for our own city charter and the california elections code, i don't know if we have the right city attorney. who is he working for, us or the 49ers? >> reporter: santa clara plays fair will be collecting signatures around the area for the next couple of weeks. their goal is 6,000 signatures by january 17. in santa clara, anne makovec, cbs 5. another gorgeous day here in the bay area but i guess we could argue about that, too, jim because we do really need the rain. >> yes, we do. it is hard to argue about the weather pattern that we're enjoying here today. as it is clear and dry. and balmy temperatures out there.

and mid to upper 60s for many locations. and we will look for clear and breezy across the hills here tonight. and strong offshore flow in effect. and keeping the skies mostly clear and warming temperatures. and which means there will be minimal fog and overnight lows will be above the freezing mark. mostly clear and slightly warmer tomorrow. that will put us in the upper 60s and could see a few low 70s out there. as we continue dry and mild. at least through midweek. and maybe beyond that. and as once again we have a wind advisory up for tonight. and actually should be coming down here shortly. but it is for the east bay hills and the north bay. the winds out of the north 15- 30. gusting to 40. and that will continue breezy, through the night, even as it drops below the warning criteria. we will look for the overnight lows, to stay above the freezing mark, mid to upper 30s for the north and east bay valleys. and mid to low 40s in and around the bay, and high pressure once again, setting up across the west, which means we will stay high and dry here, with minimal fog. as a result of that offshore breeze. and that will keep us slightly warmer for tomorrow.

and the offshore flow will weaken into the beginning of the week, and for now, we will look for it to hold through the weekend and probably through monday as well. and the air quality will suffer a little bit. reaching the moderate stage here. as again the lower levels of the atmosphere stay pretty stagnant here. and we don't see anything to mix it out of here until early tuesday morning. when the weak disturbance trails through the bay area. probably not have much in the way of precipitation. but there should be some cloud cover with it. until then, we will enjoy warm temperature, mid to upper 60s again tomorrow. for the warmer spots back at the bay, look for the mid to low 60s. mostly sunny skies. and continued dry for the foreseeable future. a few clouds midweek. and again, come the weekend, we will see a few clouds. but at this point i don't see any rain in that cloud cover. we will stay dry and mild for the foreseeable future. a pretty big day for the activity out there. and kim ask here to give us the sports details. >> a lot of fun to watch so far. jim harbaugh give his players gifts for making the playoffs.

and the post-season begins in houston. who is moving on to the second round? find out, next in sports. ,,,,,,

the houston texans joined te n-f-l as an expansion francs there seems to be a lot of talk about the gifts that jim harbaugh gave his players. >> they had a little bit of a choice. but the ultimate gift will be what the players could give him, obviously. in the super bowl ring. the houston texans join the nfl as an explanation franchise in 2002. 10 seasons later they finally made the playoffs.

legendary oilers coach vaughn phillips in the house. the bengals were looking for the first playoff win since 1990. cedric benson dives in to give cincinnati the lead. 7-0. the texans answer right back. foster gee gets to the outside. and turns the corner for the first of two touchdowns. he finished with a 153-yards to go with the cool haircut. and to the first half, tied at 10. andy dalton is picked off by jj watt. and he returns it by six. a rough day for the bengals. the quarterback gets sacked four times and threw three interceptions. the texans also have a rookie quarterback. tj yates, he began the year as the third string qb and hits a wide open andre johnson for the touchdown. and yates threw for only 159 yards but the big stat, no turnovers. houston is moving on. they beat the bengals 31-10. the texans will travel to baltimore next sunday for the divisional round. the ravens won the afc north. and a perfect 8-0 at home during the regular season.

the 49ers could find out their opponent in just a few hours. if the saints beat the lions. and for many of the guys on the roster, next week will be their first nfl playoff game. >> we tend to be a little jealous of the guys who are playing in the playoffs. you know, all the attention in the sports arena, in the sports world is really on the playoff games, especially when you get into the second and third rounds and the games get more and more important. so the guys who want to be in the playoffs, and those sitting at home four or five years in a row, you tend to get a little jealous of the guys out there. >> other teams may be jealous of the 49ers because they received a gift from jim harbaugh for making the playoffs. >> the coach gave us a sheet, we believe it is like a football painting that says 13- 3 and made the playoffs, and a little traveling case with a shaving

kit. shaving stuff. or another little duffle bag. not extravagant as making it to the fiesta bowl. but it will do. >> what did you pick? >> i picked the football painted up. i know my mom will probably want it. somebody will probably want it who comes over. >> high school football all- star game, the u.s. army all american bowl, barry sanders looked a lot like his old man as he wins the sprint for the pile-on for the touchdown and i have a feeling we may be seeing more of that the next four years. >> where are you going to play your college football? >> the next few years of college, playing at the farm. >> at the farm. >> sanders chose stanford over his dad's alma mater oklahoma state. and it was also a huge day for cal. they landed top safety shaq thompson from grant high school in sacramento, the younger brother of former bears corner back sidquan thompson. defensive lineman mccarthy and wide receiver peyton committed to cal.

the warriors returned home after an 0-3 road trip in which they extended losing streaks in phoenix, san antonio and los angeles against the lakers. kobe bryant scored 26 of the 39 points in the second half. as the team, the lakers, scored 62 points in the final two quarters. monty ellis an mark jackson each received technical fouls in the fourth. for jackson, it was the first of his young coaching career. >> i asked for a technical foul. >> did you really? >> yes. >> why? >> because my guys were working their tails off. and i refused to watch them fight and come up on the short end. >> lex walters and the dons making the first trip to provo since byu joined the west coast conference. the cougars did not exactly show much hospitality. zac villstra was six of six from downtown. tony jimmer, byu, led 42-20 at

the half. and then they go inside in the second half to brandon daveys. he is back after being suspended last year for violates the school's honor code. the cougars blow out the dons 81-56. pack 12 women, fourth ranked stanford beat oregon state 67-60. necka led the cardinals with 33 points and 16 reekeds. and over at cal, blowing out oregon, 90-67. jennifer brandon had 17 points and 19 rebounds for the bears. and finally, no, that is not a ref. that is a kentucky freshman, hitting from half court. and in front of over 24,000 fans at the arena to win $10,000. but there is a controversy right now. the grocery chain that sponsored the event said he put his foot on the line and they don't want to pay him the 10 grand. >> i wonder who decides? i guess ultimately they get to decide. >> i am sure there will be attorneys involved and what not but just pay the kid, you know. >> thank you, much. republican presidential

hopefuls are right now on the first of two debates in 12 hours. we will have the highlights for you tonight, and also one year after the shooting that injured the congress woman gabrielle giffords we will remember the youngest victim who died and how the woman who brought her to see giffords is struggling to cope. that is going to do it for this edition of eyewitness news. we will see you back here at 11:00. until then, your news and weather is on cbs-sf.com. good night. director:otero

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previously on numbers: dwayne carter. we did a tour together in afghanistan. your friend is bought and paid for by the chinese government. the man who saves your life-- you put him in jail. things i could tell you about squeaky-clean colby granger. if you find the janus list, trust it! (explosion) ashby was building a janus list. a master list of double agents and traitors.