the state making a big announcement today. the big chunk of money california would get under a nationwide mortgage settlement. a patchy fog this morning, 70s by this afternoon. we'll talk about that coming up. >> golden gate bridge traffic so far nice and light. coming up, where roadwork might slow you down. good morning, everyone. it's thursday, february 9. good to have you with us. nice and early. i'm frank mallicoat. >> it's very early. i'm grace lee. it is 4:30 in fact. we begin with a berkeley police officer who is in the hospital after he was pinned between two cars. that officer suffered hand injuries as well and leg injuries. it happened when the officer was trying to arrest a man at grove and center in castro valley. anne makovec is in castro valley where the busy intersection was closed for hours for this investigation. good morning to you, anne. >> reporter: good morning. good news for morning commute is the intersection is open but officers were here for much of the night. that is after this all happened

at around 5:00 yesterday evening. an undercover berkeley police officer was in the silver car that you can see there hailing a suspect in the maroon car when officers were on grove way near center street they decided to arrest him at the stop light. officers say the suspect then backed up his vehicle pinning the berkeley officer between the two cars. other officers then surrounded the cars, one armed with an assault rifle. >> i heard two shots from here. and then i heard two more. so four shots altogether. >> reporter: now, you can see from the doorjamb on the driver's side several bullet holes indicating where the officer was standing when he opened fire. the pinned officer did have leg and hand injuries. both he and the suspect are expected to live. the berkeley police department says they have been looking for him for some time with a

warrant for his arrest but haven't said why they felt the need to pull him over at 5:00 in the middle of rush hour traffic in castro valley. so a lot of unanswered questions. >> thank you, anne makovec. investigators are back out in the sierra foothills where they are looking for murder victims. they are back at a property in calaveras county they searched in december. convicted killer wesley shermantine once owned the land. he said he would reveal the whereabouts of victims one could be michaela garrett. attorney general kamala harris is expected to release new details today on a nationwide mortgage settlement. big banks are expected to pay out at least $25 billion to struggling homeowners. california would get $430 million. the agreement settles allegations that the banks

forged loan documents and wrongfully foreclosed on borrowers. 450 bank of america workers are going to be fired. the bank is closing consumer and operation units in concord in may. the "contra costa times" reports that the workers got the word yesterday. bank of america is planning to cut 30,000 jobs worldwide in a move to save as much as $8 billion a year. san jose mayor chuck reed will deliver the state of the city address this evening at the civic auditorium. the city is dealing with the issues as a year ago including a budge deficit and uncertainty about the as downtown ballpark project but the homicide rate is down so far after an unusual spike last year. we'll speak with the mayor live in our 6:00 hour. at the address in oakland, only city officials, invited guests an immediate why were allowed as mayor quan spoke in

the council chambers. there was heavy security because of the recent problems involving the "occupy" protests. mayor quan didn't mention "occupy" in her speech but praised oakland as a livable and opinionated city. >> the cynics among us will say i'm too optimistic. if i weren't, i wouldn't be mayor today. >> quan also said plans are being developed to keep the three major sports teams in oakland. later today "occupy oakland" is holding a forum regarding police action. 400 people were arrested after protestors clashed with police and vandalized city hall late last month. beautiful day yesterday. probably warmer today. >> really? is that the deal? >> oh, yeah. i'm doing weather now. >> and you're doing it well. >> i have been listening to you. >> we are probably going to see the nicest day of the week today. this is it. >> 70. >> enjoy it. it all goes right into the

weekend. we have patchy fog showing up in the north bay. a little haze over the bay as well but not much in the way of fog. temperatures now running mainly in the 40s and 50s. got a few high clouds continuing to stream across our skies too but high pressure will flex its muscle today bringing with it some of the warmest temperatures of the week. we are going to get 70s in here. 71 in san jose, 70 mountain view, 67 in oakland, even 65 degrees in san francisco. going to be gorgeous today. after this, though, the clouds come back, maybe even a couple of sprinkles toward friday. unsettled over the weekend possibly sunday night into monday. some more rain is headed our way. all right. let's check on traffic now with elizabeth. >> all we have going on now is roadwork, lawrence. on highway 13, in fact, right there near the thornhill drive exit in the oakland hills, we have roadwork and that off-ramp is closed from southbound 13 right there at moraga avenue, thornhill drive exit. towards the bay bridge not as much fog out there this morning. no fog advisories for any of our bridges so you can see traffic is free and clear this morning towards the pay gates

and we can see all of our traffic cameras including the one on the san francisco side of the span that was really fogged in yesterday. along the peninsula, 101 and 280 we're seeing a lot of green sensors meaning top speeds, speeds over 40 miles per hour. but you will see roadwork on northbound and southbound 101 near the oregon expressway off- ramps. those are closed until about 6:00 this morning according to caltrans but the south bay so far very light. all right. that's traffic. back to you. >> thank you. we are 19 months away from the opening date of the new bay bridge. caltrans says it will cut the ribbon on the new $6 billion suspension span around labor day 2013. crews say both directions will be able to open at the same time thanks to all the work to speed up construction. that includes the presidents' day weekend closure. from the bay bridge down to the dumbarton bridge, bay area drivers will be able to take advantages of some new fast

lanes. the metropolitan transportation commission announced plans to convert carpool lanes into toll lanes on six more stretches of freeway. that includes the westbound approach of the san mateo bridge as well as interstate 880 in milpitas. in the future, agency plans on installing 290 miles of express lanes. 4:37 now. mitt romney is trying to regain his momentum in the presidential race after rick santorum swept to victory in three states that held republican contests on tuesday. romney made several campaign stops yesterday including in atlanta. he tipped his hat to ron paul for being consistent on reducing spending. he was not kind when speaking about the other gop rivals though. >> newt gingrich and rick santorum -- >> boo! >> they spent a lot of time in washington. and during their years, we spent more money than we were taking in. >> since his big wins on tuesday, santorum says his campaign has raised more than $1 million. he plans to attend several

campaign fundraising events in california early next week. he was in texas yesterday. newt gingrich is set to attend the california republican party spring convention scheduled for february 25 in burlingame. state party officials say gingrich will deliver the keynote speech during a luncheon event at the hyatt regency hotel and may fundraise around the bay area that day. 4:38. we have a major announcement today about the role women serve in the military. female troops may soon be able to serve in more jobs closer to the front lines. the pentagon is expected to propose a new policy that would allow women to serve in roles at the battalion level. now, it was once considered too close to the action. the new rules would still ban female troops from actual combat duty. also today military meals are getting an upgrade. it is a campaign spearheaded by first lady michelle obama as well as pentagon officials. military bases will serve more

fruits and vegetables. pentagon officials say obesity is a national security issue because 25% of entry level candidates are too fat to enter the military or even make it through their first enlistment. 4:39 on your thursday. keeping pro sports in the city of oakland. >> the final pitch to save three teams on the verge of leaving. also ahead... >> this attack by the federal government on religious freedom in our country must not stand and will not stand. >> it's a battle over birth control and the new healthcare plan. >> do you trust the men in white? the alarming study about dishonest doctors coming up.

also driving markets down: a asian markets fell today as inflation is heating up in a big way in china also driving markets down preventing greek bankruptcy. they failed to work out a

critical bailout plan. greek labor you know will strike for two days starting tomorrow to protest austerity measures and greece's finance minister is meeting with top eu officials in brussels today to work it out. a new fight -- >> a new fight, that's right, frank, is brewing over birth control on capitol hill. republican lawmakers want the president to reject a new policy that forces religious affiliated organizations to provide birth control coverage for employees. that rule goes into effect next august. some bay area women say the new rule is unconstitutional. others say the new rule is a matter of health and fairness to women. >> i don't think that the government should be in part of this at all. i think there should be a separation of church and state. >> i think catholics don't have to purchase birth control with their health insurance. right? i mean, it can be available through their birth control but it's their decision to use it or not. >> the centers for disease control says that 99% of women will use birth control at some

point in their lifetime. gay marriage is one signature away from being allowed in washington state. the house passing that bill yesterday. the senate approved it last week. now it goes to the governor who is expected to sign it into law next week. if she does gay couples could start walking down the aisle in the state come june. opponents will work to stop that from happening. the first woman to legally marry in southern california are now getting divorced. robin tyler and diane olson got married in june of 2008. that was right after the state supreme court shot down a law banning same-sex marriage. they had lived together for 18 years. no reason why they are getting divorced. for the first time in weeks, san francisco's sheriff can see his son. a judge granted ross mirkarimi visitation rights yesterday. he is allowed to see 2.5-year- old theo two hours a day during the week and six hours on a weekend day with supervision. >> i can find little books and

toys like this little fire engine. i couldn't find a chef's car, windup car. but i -- you know, i'm just so hungry to see my son that i'm going to gobble him up [ voice breaking ]. >> very emotional there. mirkarimi has not been allowed to see his son since prosecutors charged him with domestic violence. his trial is february 24. in other bay area headlines more victims are coming forward against a man accused of posing as a fake doctor. a third woman says carlos guzman garza groped her during an exam. prosecutors say that the 49- year-old ran a clinic out of the mission district in san francisco. the judge has since increased his wail to $860,000 -- bail to $860,000. dozens of people expected of funneling drugs to bay area gangs are now off the streets. they were picked up tuesday in a massive multi-agency sweep spanning four counties. there were 34 arrests in all, mostly in the menlo park and east palo alto areas. 900 local, state and federal

officers were involved. they seized money, drugs as well as weapons. 6 additional suspects are still on the loose. oakland making a final pitch to hold onto its pro sports teams. it's ready to pay an architect $3 million to come up with a new plan for a new stadium and sports complex at the coliseum site. oakland is at risk of losing the warriors to san francisco, raiders to l.a. and as to san jose. lew wolff is frustrated that a major league baseball city hasn't decided whether they can move the team. >> what we want is an answer. we want a yes, you can relocate, or you can't. >> the giants are trying to thwart of the as plans of moving to san jose by claiming territorial rights to santa clara county. >> :45. a scary sight. video of what could be the lock necessary monster plus the power of the nap. why it should be okay to sleep

on the job. >> we're in agreement on that. talk about a tough trek. how long it took die-hard runners to scramble up 86 flights of stairs. >> enjoy today, folks. this will likely be the nicest day of the week. after that we'll talk about showers. more when we come back.

requirements of the "no chid left behind" bush administ new this morning ten states are being freed from requirements of the "no child left behind" law from the bush administration. the "associated press" reports that president obama has decided to give those states more flexibility to improve how they prepare and evaluate students. california though is not among those ten states. and an elementary school in

los angeles is set to reopen today for the first time since its entire staff was replaced. the move at miramonte elementary school is a precaution after last week's arrest of two teachers on charges of committing lewd acts on children. the old teachers will be paid during the investigation and will likely be assigned to a school currently under construction. story you'll only see on cbs 5. students at a san jose vocational school worried their futures may be in jeopardy get a letter telling them that the program at the institute of medical education is shutting down immediately a shock to students who invested as much as $35,000 in the dental hygiene program there. and what's worse, they fear they may not qualify to take their licensing exams which are scheduled for the spring. >> we're running out of time to make our lab hours. >> the school's ceo wouldn't

answer our questions. last year the dental hygiene program was warned it could lose its accreditation. if the program is eliminated, students won't get refunds, either. americans think young adults are taking the biggest hit from the tight job market according to a survey. 41% of americans think the recession is hitting young adults the hardest. 29% think middle-aged americans are suffering the most these days. 24% think seniors are hit the hardest. the house today is expected to pass a measure that bans lawmakers and their staff from insider trading. congress hopes to use this bill to lift its dismal public approval rating. senate members passed the so- called stock act last week with a 96-3 vote. that bill gained momentum following a report on "60 minutes." and if you are willing to give a little more info, the tsa is willing to give you back some time. the agency is expanding its precheck program to another 28 airports. right now its only being used in nine so here's how it works.

travelers sign up for an id number and then they submit that number when booking flights with participating airlines. approved passengers will then be put into faster security lines when they get to the airport. that precheck program will be coming to sfo later this year. 4:51 now. get you out the door with a little traffic and weather. lawrence. >> yeah. nicest day of the week coming our way. patchy fog showing up outside. nothing like yesterday. but in the north bay we're seeing some of that patchy fog. hazy inside the bay, maybe couple of patches there, too. 40s and 50s. by the afternoon sunshine, 60s at the coastline and inside the bay. some 70s showing up in many of the valleys for today. so a great day today but things are changing. high pressure sliding through. after it makes its way by, clouds coming our way toward friday. so with that in mind, looks like today enjoy it folks about 71 degrees in san jose today. 72 in morgan hill.

70 and sunny in milpitas. 63 pacifica. east bay temperatures 70 in pleasanton. 67 in livermore. about 69 degrees beautiful in napa today. inside the bay as high as 67 degrees in oakland. 65 in san francisco. 70 in santa rosa. so after this, it looks like things will change. more clouds in the skies slight chance of sprinkles into friday. unsettled over the weekend. better chance of rainfall sunday night into monday. drying out next tuesday and wednesday. today, elizabeth, should be fantastic. temperatures in the 70s, good day for the beach. >> really? >> yeah. >> wow. 70 is a little chilly for me for the beach. it's got to be like 80 for me to get in a swimsuit. [ laughter ] >> i need some motivation for that. thanks, lawrence. let's go outside and show you a live look at the nimitz. this is 880 through oakland one of our "timesaver traffic" cameras. you can see that everything so far is nice an light. hey, we can see this camera. yesterday it was really fogged in. a lot of our cameras were a little difficult to see.

your drive time is still only 15 minutes between 238 and the maze so other areas. there is some roadwork still out there including stretches in oakland near southbound highway 13 right there by the moraga-thornhill drive exhibit. the off-ramp is closed so we're seeing slowing in the oakland area. westbound 24 no delay all the way through the caldecott tunnel. if you are heading towards the bay bridge toll plaza, that's a live look. it looks great all across the upper deck. there is some lower deck roadwork scheduled for later tonight. right now upper deck traffic in the commute direction into san francisco looks good. no fog advisories in effect today so pretty quiet outside right now. here's a live look for your silicon valley ride. westbound 237 by the 880/237 interchange. and 280 traffic looks good, as well. 880/237 had not very busy outside right now. here's a look at your drive times for the east bay. all in the green come down the eastshore freeway.

19 minutes. and westbound 24 looks good all the way towards the caldecott tunnel. everything is on time for bart, ace, muni and caltrain and your ferries. is. >> are you out of breath? [ laughter ] >> mad dash. >> i guess i could do that. >> it takes 80 to get you to the beach, huh? >> i think so, yeah. >> it will be a while, then. >> maybe june. >> especially in san francisco. >> thanks a lot, you guys. it is 4:54 now. some people learn better with an electric shock to the brain. researchers say the treatment may be key in treating alzheimer's disease. a new study found sending electrical impulses deep into the brain improved the memory of epilepsy patients. scientists caution the results were preliminary. deep brain stimulation has been used for about a decade against parkinson's disease and other disorders. most doctors end up sugar coating the truth when it comes

to their patients. that's according to a new survey in the journal of health affairs. more than half of doctors admit to make a patient's prognosis sound better than it actually is. and some say they didn't fully disclose the medical mistakes for fear of being sued. others say they have lied to a patient just in the past year. and if you ever find yourself ready to snooze on the job, tell your boss it's for the good of the company. new research supports the power of the power nap. we like this here on the "early edition." some companies already provide space for napping saying it recharges employees. now doctors say it can do even more than that. >> it will improve your memory. it will improve your motor skills. it may even improve your creativity. it may improve your decision- making skills. >> i'm in! [ laughter ] >> it explains a lot about us here. doctors say that regular 20- minute power naps can reduce stress and lower the risk of

diabetes and stroke. just remember, though, those naps should be kept between 15 and 30 minutes. anything longer can lead to grogginess. >> i was at the gym yesterday. kind of stretching out. and i kind of leaned back, fell asleep. right on the mat. [ laughter ] >> are you okay, frank? yeah. i'm fine. [ laughter ] >> funny. it is perhaps the best known building in the country so why not run upstairs? >> why not? the new york road runners held their 35th annual inland empire runup yesterday. the race includes 86 flights of stairs in the 80-year-old sky scraper. the winner made it to the observatory deck in 10 minutes, 28 seconds. i have actually done one of these races in boston. they're grueling! >> i'm sure they are. >> especially when people are passing you going up the stairs. and you're like oh, my god. >> guess from napping to stairclimbing. it is getting a lot of attention on the internet, videos supposedly of ireland's version of the lock necessary monster. the foodage shows a creature swimming into the stream of a river with a winding and

twisting motion: the creature is known as lagarfljotsormurinn. how did i do? >> pretty good. >> it's a river worm. well known in icelandic folklore first mentioned in 1345. lagarfljotsormurinn. it is 4:57. he is making a name for himself. >> the bay area athlete stealing the show in new york. and a reality check for state lawmakers. the new measure to make sure they get things done on time this year. a wanted man and a police officer both injured in the middle of the intersection in the middle of rush hour last night. a lot of questions remain this morning. the latest from the scene coming up. if your house is on the verge of foreclosure, there might be a better solution for you. california is joining other states for a nationwide settlement with mortgage lending banks. details coming up.