your realtime captioner is linda marie macdonald. a frustrated judge cracking down on oakland police. how the feds are closer to take over that department. >> you need to pay attention to the 5500 citizens of this community. >> emotions high over the new 49ers stadium. the late-night vote about its future in santa clara. good morning, halfway through. it's wednesday, january 25. i'm frank mallicoat. >> i'm grace lee. it's 4:30. it feels like the middle of the

week. [ laughter ] >> we always say the same thing at 4:30. >> a mad dash to get on the air every morning. >> you spend a week in hawaii and takes a while to get back -- >> might take a couple of years. >> how's traffic, gianna? >> we're not rushing on the treats this mornin -- on the freeways this morning. construction 880 at industrial and an accident. more details coming up. let's check the forecast first. >> big story this morning, it's cloudy. they are keeping temperatures mild. san francisco at 52 degrees right now. 46 in concord. is there a chance of rain in our seven-day forecast? you'll have to stay tuned. we'll tell you coming up in a little bit. it's a tease. >> all right. thanks a lot, you guys. 4:31. the oakland police department is in for more federal scrutiny. anne makovec is in oakland, where city officials will be

talking about this, this morning. good morning to you, anne. >> reporter: good morning. city officials still have to digest this ruling which came down last night. basically, it gives more power to a court monitor and takes away power from the oakland police department to make its own decisions. a federal judge ruled that any changes to the department from disciplinary action, staff promotions and equipment purchases to tactical initiatives be passed by the court monitor, this is in place since 2003 part of the settlement of the infamous riders case in which some oakland police officers were accused of planting drugs on suspects. the police department agreed to reforms but hasn't implemented them according to a federal judge who says the court is in disbelief over the lack of reform, unquote. this new order comes a week

after court monitors responded to "occupy oakland" saying it raised serious questions about its ability to hold true to best practices in american policing. the judge says he wants to see some of these reforms implemented by july or best to start what he calls receivership proceedings which would basically mean the opd would be one step closer to federal control. >> thank you. 4:33. a public forum is aimed at helping people in oakland understand the recall process to recall mayor quan. tonight's forum will be about the process itself and not about her record. it runs from 6 p.m. to 8 p.m. at nile hall in preservation park. the san francisco sheriff won't step down while he fights those domestic abuse charges. our cameras located ross

mirkarimi yesterday afternoon. had to run after him actually after he met with mayor ed lee. the mayor's office said lee wanted to talk to the sheriff about stepping aside. mirkarimi insists the meeting was cordial. >> well, i actually wanted to talk with the mayor. we talked together. it is about the idea that, while i'm here the perception is this could be somewhat of a distraction, that stayed very focused on the job. >> mirkarimi also said he plans to fight new accusations from an ex-girlfriend that he abused her, as well. he said that he won't take pay on days his trial prevents him from coming to work as sheriff. he pled not guilty to charges he abused his wife on new year's eve. meantime, media reports surfaced of a second ex- girlfriend allegedly with some domestic abuse involved. cbs 5 spoke with sources close to the investigation. they say no other accuser filed a police report with the police or the district attorney.

in the state of the union address, president obama said the american dream is in jeopardy. today he is taking that message on the road to the midwest. susan mcginnis with more on the president's plan that republicans aren't buying. we need to thank our tact. reporter: president obama is take his message of economic equality to voters. >> it's time to apply the same rules from top to bottom. no bailouts, no handouts, and no copouts. >> reporter: fresh off his state of the union address, he is kicking off a three-day trip this morning that will take him to five key battleground states. he will visit iowa and arizona today to talk about boosting american manufacturing. the key ingredient he says for building an economy that will last. >> it is time to stop rewarding businesses that ship jobs overseas and start rewarding companies that create jobs right here in america. >> reporter: last night, the president proposed tax breaks for businesses and helping more struggling homeowners refinance their loans. he also called for higher taxes on the rich.

>> you can call this class warfare all you want. but asking a billionaire to pay at least as much as his secretary in taxes? most americans would call that common sense. >> reporter: but the president may have a tough time getting his proposals through congress. republicans lashed out at his plan last night calling it another attempt to divide americans. >> no feature of the obama presidency has been sadder than its constant efforts to divide us, to curry favor with some americans by castigating others. >> reporter: indiana governor mitch daniels delivered the gop official response and other republicans added to the criticism. >> he didn't want to talk about the keystone pipeline, 20,000 to 100,000 new jobs to put americans back to work. >> reporter: the president insists he is willing to work with the gop but will also fight back against any delaying tactics. susan mcginnis, cbs news, washington. president obama also gave congresswoman gabrielle giffords a hug as entered the

house chamber last night. she was shot in the head over a year ago and will resign today so she can now focus on her recovery. 4:36 now. former house speaker newt gingrich is pull ahead in the race for the gop presidential nomination. a poll shows him leading mitt romney by 7 points. he has completely erased the more than 20-point advantage that romney held over him earlier this morning. gingrich's gains in the polls comes mostly from conservative republicans. state democratic leaders are suing the controller over withheld pay. john chiang docked paychecks last summer after democrats presented an unbalanced budget last year. it was a penalty voters approved in 2010. democrats dispute his authority to take away their money. so who is paying for the lawsuit? you. >> we don't expect it to cost very much because we think that this is a very simple case that

we hope that the court will be able to deal with quickly. >> democrats say they don't want back pay but they do want the ability to block program cuts without harming their own paychecks if they are late on the budget. 4:37. a new legal fight may be brewing over a ballot measure on the fate of the new 49ers stadium in santa clara. the city council rejected a measure last night, more than 4500 people signed a petition asking city leaders to rescind the multi-million dollar stadium deal. ballot supporters claimed voters didn't agree to the rising price for the project. they say their lawyers are now getting ready to take the matter to court. crews are set to break ground on the new stadium next monday. gianna has a traffic report. >> a new accident through south san francisco. it's along 280 near westboro. it's two separate traffic collisions on the southbound side blocking the two right lanes. chp is on scene. minor injuries reported so that may take a few minutes to clear

out. elsewhere the rest of 101 problem-free out of marin county no delays along the peninsula heading south towards sfo. 880 had an earlier accident around industrial. that's now cleared. the rest of 880 not too bad this morning. things look good in both directions. upper deck of the bay bridge no problems, clear at the toll plaza. if you are planning on jumping on the skyway to the lower deck of the bay bridge, we have roadwork plus a broken-down vehicle blocking one lane there. chp and tow crews are on scene. that's your "timesaver traffic." here's elizabeth. >> well, temperatures outside right now are great. all you probably need is a light jacket out the door. temperatures definitely mild. more mild side than we have seen definitely the past few days. you can see that there's low clouds out there and temperatures are in the low 50s in some spots. 52 right now in san francisco. so satellite and radar shows us these rain showers are north of the bay area. high pressure remains the name of the game for the bay area today, tomorrow and for the next several days. so temperatures are going to batch up by 3 to 4 degrees -- bump up by 3 to 4 degrees from

yesterday. 46 in san jose and cupertino. similar in the east bay. check the east bay numbers. 65 livermore, pleasanton. reaching a high of 66 and 63 walnut creek. so we'll see a lot of 60s today. plenty of sunshine partly cloudy skies today and then looking out over the next several days it looks like that remains a similar story through the end of the workweek. we could see above average temperatures by friday and saturday. check the numbers inland in the upper 60s in some spots. and then for the beginning. workweek it looks like a few more clouds roll in and temperatures get more seasonal. so we'll have much more weather and traffic coming up. in the meantime, back to you. san francisco police hit with allegations of spying. >> plus this. >> i think walmart is taking over the world to be honest. >> two walmarts setting up shop in the east bay. how they will be different from the other shops in california. what you see what you get.

the extra protection you get the next time you fly.

sexually attacked near 's wharf. a 15-year-old tourist is now recovering this morning after san francisco police say she was sexually assaulted near fisherman's wharf yesterday morning. officers arresting 18-year-old christopher dutel of southern california seen here with a bag over his head. according to witnesses, he was caught in the act in the bushes in front of the longshoreman's union hall. the teenager left her foreign tour group earlier and was reported missing by friends. >> officers conducted a search of the immediate area and discovered the missing juvenile as well as a suspect on the 400 block of north point street. >> i don't know how this guy can get away with this. i hope they put him under the penitentiary. i have daughters that age. >> both the victim and the suspect both taken to the

hospital. due tell facing multiple rape charges and false imprisonment. san francisco supervisors might put more limits on what the police department can do when work with the feds. a proposed ordinance would ban police who would working with -- who are work, with the fbi's joint terrorism task force from investigating local residents unless there is a reasonable suspicion of criminal activity. the police chief said the measure was unnecessary and those concerns were already addressed by orders he put in place last year. pleasanton school board approved using drug-sniffing dogs at its 3 high school campuses. drug and alcohol suspensions are on the rise at the schools especially at foothill high school. last night the board unanimously voted to allow police to search parking lots and locker rooms when students are not present. a san francisco jack-in-the- box will remain open late in the night. its 24-hour operating permit was removed after complaints of

early-morning disturbances. the city approved only half the permit meaning the restaurant will be shut down between 4 a.m. to 6 a.m. a second security guard was also added. it's walmart like you probably have never seen it before. two east bay cities will be home to the retailer's first grocery-only stores in california. recently the company has been expanding in california. last year walmart used the threat of a special election to gain approval to expand their store in milpitas. neighbors in both hayward and pleasanton have mixed feelings over the chain's arrival. >> walmart being so big and being such a big chain, i would assume it would hurt everybody else. >> we do need the anchor tenants on my shopping mall here so it would be very good for all of us. >> walmart will move into the former sites of circuit city in hayward and nob hill foods down in pleasanton. school lunches are about to get healthier. they will have more fruits veggies, whole grains. first lady michelle obama will announce the rules today. it's part of the first major

nutritional overhaul of school meals in 15 years. >> ho ho's, cupcakes and corn dogs are out. [ laughter ] >> no more of that stuff. >> too bad, no more tater tots. 4:45. blockbuster earnings and apple. the historic surge in profits. also ahead... >> i'm in the bathroom and i looked up my hallway and i see him coming down my hallway. >> face to face with a house intruder, the unlikely weapon of choice that a woman used to defend herself. >> and ready or not, here it comes. the mandatory message many people will be getting online today. and you will notice right away when you step out the door, temperatures are milder. we have a few 50s out there, as well. especially in san francisco coming in at 52 degrees. how much warm remember we going to get this afternoon? we'll tell you coming up.

this morning... after being after being rescued from pirates in somalia who had held her since october. an ove an american is on the way home after being rescued from

pirates in somalia who had held her since october. an overnight raid by u.s. special operations forces freed aid worker jessica buchanan and another person abducted with her. president obama is praising the forces who rescued her in shootout overnight. nine pirates were reportedly killed. a camp pendleton marine faces no prison time but faces a reduction in rank and pay for his role in the killing of 24 civilians in iraq back in 2005. staff sergeant pleaded guilty to negligent dereliction of duty. after the sentencing he apologized to survivors of the killing but he defended his orders to raid homes after a iraq's killed a fellow marine. 4:49 now. the german national accused of setting 49 car fires across l.a. pled not guilty to hundreds of arson charges. 24-year-old harry burkhart arraigned yesterday. investigators say he went on the spree after his mother was

arrested on international arrest warrant. the judge increased his bail, though from $2.75 million. nobody was hurt during the fires. a north carolina woman says her survival instinct kicked in when she attacked an intrudeer with a bed post. she saw the 40-year-old man lurking in her hallway. her 10-year-old sister ran to a neighbor's house for help at the same time and jones reached for the only weapon she could find. a bedpost. >> this is the first thing i see so i reached andy like this and it came up and when it came up, he was like right here. and -- >> reporter: you nailed him? >> yeah, i nailed him. >> she nailed him all right! she kept hitting the man all the way down the front door. he is charged with first degree burglary, first degree possession of stolen goods. got a black eye and ended up in jail. >> watch out when you go into her house. >> look out for the bedpost. all right, gianna, it's all yours. >> over to 280, we started off

the morning with a couple of accidents. two separate ones in fact along 280 southbound at westboro. the good news is chp just cleared everything to the right shoulder. delays should be easing up as you work your way through south san francisco. 101 no problem towards sfo. the rest of 280 problem-free. no delays or problems to report in the south bay. in fact no roadwork scheduled either. so here's a live look at northbound 280. i promise -- one lonely car, there it goes, but not too bad this morning. things looking good. the rest of the south bay not bad this morning. northbound 680 between alcosta to sycamore valley road ongoing roadwork wrapping up by 5:00 this morning. so another 10 to 15 minutes on this area with construction. southbound 101 out of marin county, nice ride this morning. no delays. you're clear towards the golden gate bridge. no troubles to report in san francisco. also, as you work your way through milpitas this morning, things looking good in both directions. no delays along the connector road from 880 to 237. eastbound we have no delays either and there are those new metering lights that went into

effect yesterday. so heads up there for calaveras and mccarthy exiting 237. bay bridge not too bad good through here. we had some reports of construction near the incline but so far no delays. metering lights are off. and if you are heading on the lower deck we had records of some -- a stalled vehicle towards the skyway but that's been cleared. and 880 looks good in both directions, no delays along there. that's traffic. here's elizabeth >> thanks. it's a good morning for some roadwork. no rain and all we have to talk about really is clouds. so not even much fog out there this morning and temperatures, you're going to find them mild. just a light jacket -- low 50s out there. partly cloudy and mid-50s inland in our inland spots. so this afternoon, we are going to warm these temperatures up. it's definitely going to be above average by later on this afternoon a mix of sun and clouds. and warmer than yesterday. 66 inland. so yeah, this is the reason why. we have this ridge remaining in place and high pressure, that's

our big story. we have some rain showers but they're all staying north of the bay area. now, this is a pretty flat ridge. so what that means is bringing us a few high clouds especially by later on this afternoon. now, the low clouds should move out of here by later on this morning. so pinpoint forecast for today, mostly in the 60s. across the bay area check this out, 63 in palo alto, 64 in mountain view. a lot of our areas are about three to four degrees above average but some of places like santa rosa coming in 7 degrees above average for this time of the year. they are expecting a high of 64 degrees. so 61 in kentfield, 62 in san rafael. that's kind of our story for today. a lot of 60s and dry weather for the next several days. and temperatures are going to continue this above average trend through the weekend with mostly sunny skies, a few clouds could roll in for the beginning of the workweek. but temperatures pretty seasonable by then but no rain at least not yet in our seven- day. >> nothing at all. >> nothing at all, yeah. so there you go. [ laughter ] >> two thumbs up. >> you can take a few days off,

elizabeth. >> i think so. even though i think lawrence is back tomorrow. >> yeah. >> he can skate through it drink coffee, go, it's beautiful! [ laughter ] >> all right. thanks a lot, elizabeth. do we have traffic now? >> no. we already did that. >> my turn. all right. what you see what you get, right? starting tomorrow, new federal regulations kick in to protect airline passengers from hidden fees. carriers will be required to include all taxes and fees and advertised fares. baggage fees will also have to be disclosed online and airlines will also have to notify passengers of flight cancellations, diversions or delays that are longer than a half hour. well, the biggest apple convention in the bay area kicking off on thursday. but cbs 5 will get a little sneak peek today. the media invited to check out some of the highlights from the show at the moscone center here in san francisco. apple dropped the former name macworld conference and expo. the convention is now called macworld i world. the event will feature the latest apple software and new

devices for iphones and ipads and the ipad 3 comes out in march, i think. >> apple not doing too bad, apparently. >> they are doing great. >> they are reporting blockbuster earnings. they say profits surged 118% up to $13 billion. it sold a record 37 million iphones and more than 15 million ipads from october to december. it's also predicting strong profits for this quarter. this was apple's first full quarter without founder steve jobs. >> about 20 years ago don't you wish you bought apple stock? >> if only. facebook also changing things again. the social website's timeline feature pops up occasionally will become mandatory for all users soon. now, timeline is essentially a scrapbook of your whole life on facebook. that's scary. right now the feature is optional. you have to get a notice to set up your timeline and at that point, you can hide what you don't want seen. once the switch is made your old page will be gone. >> i don't know if i like this.

>> i don't like that at all. >> i don't like the mandatory part of it. >> sometimes it pops up and -- i always say no. now it's mandatory. i don't like that. the raiders have a new man in charge. they hired dennis allen as their new head coach. i have never heard of him. he spent the last season as the defensive coordinator of the broncos. he never was a head coach in any sport. he has been an assistant coach since 2002. the raiders haven't had a defensive coach since the 90s. the team's defense the worst in the nfl since 2002. tim lincecum will be staying with the giants for now. they agreed on a two-year contract worth about $40.5 million. >> not bad. >> yeah. that's a couple of bucks. the giants ace will be a free agent after it expires in 2014.

he will be only 29. prince fielder, now who he is? >> yeah. >> signed with the tigers $214 million. >> wow. >> nine years. >> wow. >> he is going to be a big boy by the end of that contract, too. >> he's already a big boy. 4:56. newt gingrich gaining steam this morning. his lead over mitt romney in the race for the gop presidential nomination. the embattled chef refusing to step down. details of his meeting with san francisco's mayor. the oakland police in more trouble. one step closer to being put under federal control. tell you how city leaders are reacting coming up next. construction for the new 49ers stadium is less than a week away but still some residents in santa clara want to put a stop to it. coming up, we'll tell you the latest legal battle over the project.

how big brother will have more control of the department. your realtime captioner is linda marie macdonald. fed up and frustrated a judge takes action on the oakland police. how big brother will have more control of that department. you need to