dozens of holiday packages and gifts are missing tonight after a thief high jacks a fedex truck in the east bay. good evening everyone i'm frank somerville. >> and i'm julie haener. that truck has been recovered but the packages are all gone. the theft happened as the

driver was making a delivery. allie rasmus joins us now with the story. >> reporter: the lights are still on in the warehouse, there's still a few people working inside. despite all the delivery work that goes on here, dozens of people in the east bay will not get the packages they ordered for christmas. this package was the last one fedex driver chun lee got to deliver today. at 3:00 in the afternoon, he stepped off his truck to deliver this package. that's when he says a man came behind him. >> a guy started pushing me. i'm down a little bit, so he's inside the fedex truck and locked the door. >> reporter: after lee was pushed out of the way, neighbors saw two men drive off with about 60 packages on board. >> it was bold, i'm shocked. >> reporter: police got a tip

that someone was unloading packages on 34th avenue. the drivers left several packages on the floor and then dumped the truck. >> the back of the truck was open, empty, everything was gone. empty gone. >> reporter: police questioned someone in the neighborhood but didn't make any arrests. a fedex ground spokesperson would not make any comments, but did release this statement. >> people can call and we'll determine if their package was in the truck. >> reporter: lee says he still feels bad. >> tomorrow is christmas day. sorry for everybody. >> reporter: and fedex says

customers can file a claim if their package is stolen but they say police needs to complete their investigation first before any claims are paid out. allie rasmus. the total of yesterday's shooting rose to three. six people in all were hit by the gunfire. two died at the scene, a third died later at a hospital while three others were wounded. their shootings happened at 7:15 last night. members of one victim's family spoke out today. >> it is overwhelming, but i'm just thinking about all the good memories i had of my brother when he did live with me and when we were younger. investigators describe the suspects only at three latino

men in their lateor early 20s driving a brown impala with tinted windows. many shootings have occurred in the bustling downtown area. lloyd lacuesta spoke to police about this string of crimes, loyal. -- lloyd. >> reporter: what would you do if someone came up and demanded this from yo or simply takes it and runs away. >> my shoes would come off and i would go running after him. >> i would probably take hi down. >> reporter: you would fight back. >> oh, yeah. >> reporter: why? >> it's just my nature. >> reporter: police say that's the wrong idea. in the downtown and in the neighborhood, there's been several shootings. >> it's a nice purse, give it up. someone wants it, give it up and try to give us a description and leave the area,

as soon as you can call us 911. >> reporter: we walked the street with lieutenant sandra brown. she says 12 victims were robbed at gunpoint. and in some cases victims were thrown to the ground. >> there is nothing that you own that you have on your person is worth fighting over. if a suspect demands your purse, take it off and give it to him. if a suspect demands your wallet, take it off and give it to them. >> reporter: a woman near walking near this woman's home was robbed. >> it's scary, particularly scary because people have been approached and attacked in their driveways. >> i think it's inappropriate. part of people having a tough holiday season. that plays into it. >> reporter: police say they are looking for several suspects and officers are working i working overtime to

take them off the street. >> we are telling people, do not carry cash, carry one credit card. >> reporter: police are hoping these crimes can be solved, happy shopping. now an update on a story we brought you last night. authorities have completed an autopsy on the body of an unidentified woman found at martin luther king shoreline park in oakland: they say the next step in trying to identify the victim is to conduct a fingerprint analysis. investigators say if a woman has a prior criminal record they should be able to find a match. the analysis is expected to be done tonight. the woman's body was found tuesday afternoon along the waters edge. police describe her as a heavy set african american woman in her 20s or 30s. there was a break in the rainy weather today, the sun actually came out across the bay area. this shot looking over the

oakland estuari was taken this morning at sunset. while today may have been dry, it's not expected to last. the forecast is calling for rain on christmas day. he'll have the full forecast a bit later in this newscast. thick mud has taken over this california neighborhood. the flooding left a thick layer of mud which damaged up to 40 homes. several vehicles are knee deep in mud in some areas. and in san diego, crews spent the entire night and most of today preparing the stadium for this evening's poinsettia

today. the 49ers are staying put in san francisco for at least four more years. san francisco is hoping this buys enough time to keep the franchise from heading to the south bay. david stevenson reports. >> reporter: 49ers fans at stan francisco's green bar cheered on the agreement. cleaning up the park and keeping the 49ers here a little longer. >> 49ers, that is san francisco. >> litigation goes away, the threats go away. >> reporter: on exchange of the 49ers dropping $6 million, the city will provide $13 million in rent credits to help the team pay for repairs to seats, leaky luxury boxes and lumpy parking lots. >> for over a decade we agreed to disagreed over the maintenance of the stadium. now we have an agreement and a

frame work where we'll invest over $4.5 million next season in candle stick which i will tell you every fan agrees is needed. >> reporter: the new agreement keeps them here at least through the 2014 season with the option to leave in 2015. >> bigger question of course is can can we secure it beyond that. at least ask for an extension for another decade and a half or so. but we of course want to tear that down and we want to rebuild a new stadium. >> reporter: the hope is a new stadium will keep the team from leaving. and the team released a statement today -- >> we hope this settlement will be finalized allowing us to improve the game day. 49ers fans say they hope to see

the improvements soon. mayor newsom told us the $13 million to pay for repair and improvements will come from rent credits and the city fund. and while this deal keeps the 49ers in san francisco for a few more seasons, a team spokeswoman says the 49ers plan to start playing in santa clara in 2014. officials at the oakland international airport say they expect tomorrow to be the busiest travel day of the holiday season. earlier today, lines stretched out the door. 478,000 californians will travel. that is an increase of 4% from last year. >> reporter: traveling by train is a popular option for a lot of folks.

some travelers we spoke to say they planned to ride the train. amtrak reported more than 700,000 people using their trains nationwide. that is a record. and if you plan on traveling for the holiday, go to ktvu.com and click on the holiday travel tab. you will find airport information, travel tips from the tsa, and the latest road conditions. the homeland security department hassic shoed an alert about thermoses airline passengers may notice additional security measures involving those containers. there is no intelligence about an active terror plot involving the use of thermos. and from clouds and all the rain, while it is clear tonight we can expect changes over the next 24 to 46 hours.

all the recent rain has filled up the area's reservoir's. where the levels stand and what it may mean for the rest of the year. and you better watch out, for the drunk driver and the check point that could be right around the corner.

whether you are out shopping or out tonight, police are starting a crack down. >> reporter: it's still very busy but there are been no arrests at this check point at anderson drive. that may sound lackluster, but when it comes to dui, less is more. >> have you had any anything to drink this evening? >> not a thing. >> reporter: hoho can turn into oh no for anyone who has been out drinking for the holidays and then gets stopped at this check point. >> it could be a big thing. we'll a young kid that may be sitting there may say, i'm not drinking. >> reporter: drunk driving

crashes, and fatalities have declined. >> if we don't find anyone that's drinking and driving and everybody is following the law, that's a success. it's also a success if you find anyone that's intoxicated and you get them off the road. >> reporter: trucks haul the cars of those arrested. motorcycle officers watch for people who switch drivers or back out. they chaised down this driver who took out some traffic cones trying to get away. >> if it gets a drunk driver off the road and save somebody's life, i'm all for it. >> reporter: nine in 10 californians support these check points. they've been tested as drivers got stuck in the back up. not drinking, they knew their delay would be brief. >> but it's okay, you know, apparently other people do and we need to get them off the road. >> have a merry christmas and a safe holiday, okay.

bye bye. >> reporter: more than 200 check points will be held statewide during the two week holiday crack down. again here in san rafael, they have towed some 20 cars on driver's license violations but they've made no dui arrest, of course the night is still young. they plan to be out here until midnight, maybe 1:00 a.m. debra villalone, ktvu news. san jose police say speeding may have led to a gruesome crash that left one man dead this morning. the driver of this red honda civic was ejected from his car after hitting a telephone pole around 6:00 this morning. a woman driving north on south tenth street swerved to avoid the debris but ended up running over the man and then dragging him about 100 feet. tonight the santa clara coroner's office tells us, they might not be able to release his identity until next week. an employee at a dentist office in san jose was injured in morning when a car crashed

into her building. investigators say the driver, a man in his 30s tells him he doesn't remember what happened. a driver slammed into the side of the building. precious smile dental is now closed pending a structural investigation. both were taken to the hospital for examination. the accident killed all three people on board the twin engine beach craft plane and four people who were inside the mall at the time nearly 30 years ago. the driver was trying to land near buchanan field at the time of the crash in extremely foggy conditions. it is good news for those who monitor the bay area's water supply -- all the rain has been torrential, it is good news for those who monitor the

bay area's water supply. >> reporter: the reservoirs are up 2.5 billion-gallons. >> for this time of year, things are really looking good. our local storage levels are 110% of average. the levels we've received so far are right at average. precipitation levels are from average to above average. >> reporter: this location in south santa clara county saw the highest rain totals. yubis reservoir is at 60% capacity, up 15 feet compared to a week ago. and water is released daily. the water that is released is over 8 million-gallons a day, it not onlyon, this is one of the biggest water supplies for gilroy. not all reservoirs have seen a

boost. >> the water was noticeably lower at the colel reservoir. >> it looks lower than it did before. >> it likes like the water is everyone here today. >> to be honest, i don't think they have to put the water this low. >> reporter: water official says colero didn't see the same boost, and seismic concern limits the water levels at anderson. with 70 million-gallons a day going to the water plants, they are leaving room for more to fill the reservoirs. today the gulfstream are

splitting over head. the valley fog is going to sit right down. i just checked at the santa rosa airport. they have fog. fog in napa, very similar to last night. you will see a little bit more of it tonight. if you had it this morning, you will see it. full on rain looks like saturday in the afternoon hours. overnight lows tonight in the 40s, there's the fog formation areas, fairfield to santa rosa, concord into livermore. it's cooling out there tonight. tomorrow is going to be an okay day. you start off with patchy fog. and lunchtime in the upper 50s. after that, all bets are off. the cloud come in. i have the computer model that shows your holiday weekend here in just a few minutes. a broken valve on a water main giving new meaning to the niagra avenue this morning.

a geyser shot into the air dwarfing homes and buildings. the san francisco public utilities commission said crews had it under control before any streets or homes were damaged. no customers lost water during that incident. the changes here at san francisco city hall take a new twist, what the mayor said about his future plans to leave for sacramento. also ahead, a tax break with a catch. the impact the tax bill will have when it comes to how the irs processes your return.

there is a new twist tonight involving san francisco politics. mayor gavin newsom said today he

will delay his swearing in as lieutenant governor. >> reporter: bevin dusty is clearing out his office. >> there's a lot of moving, a lot of painting and spackeling and rug shampooing. >> reporter: the current board of supervisors or the incoming board will decide. gavin newsom said he's willing to delay his swearing in so the new board can choose his successor. >> i just think the new board should ultimately be given that opportunity not an old board. >> five of us would like to see a stewart, not a candidate mayor but a stewart who's going

to lead the city over the next year and six board members who identify very strongly as progressive really would like the opportunity to demonstrate to the city what san francisco would be like with a progressive mayor. >> reporter: that could mean there's a small period of time when california would not have an official lieutenant governor. in that case, if anything happens to governor jerry brown between january 3rd and the eighth, the seat would go to -- but elsburn says he believes the board will pick a new mayor by the deadline. >> it may happen before then, but there's no word this drags on beyond january 11th. mayor newsom said today he

decided not to sign the board ordnance. the ordnance would have mandated up to 50% of san francisco residents be hired for city projects. opponents say the measure would negatively impact the local economy. the governor has send the measure back to the board for more studies. the u.s. economy maybe on the mend. consumer confident has hit a two year high according to the university of michigan. and the commerce department released figures showing improved consumer spending. holiday spending seems to be up this year as well. >> even a month ago, consumers told us they spend 1% than they did last year and they are spending 5% more. >> credit card issuers are increasing the number of card officers and credit incentives to try to improve spending. it was a mixed day on wall street.

the dow picked up 14 points while the nasdaq lost five. volume has been light all week. new tax changes will cause filing delays for some taxpayers. the irs needs to reevaluate the reprogram computers. and may soon be getting some help themselves. find out what they've been experiencing. and a special guest plans to visit san quentin's new death chamber. what it may mean for the future of executions in california.

this inhaler, i have several of these i carry them in several locations, if i end up in difficult in breathing i

take it. >> reporter: chief ioni shows us an inhaler he has to use, he says he never had these problems before the 9/11 attack. >> he worked 16 hours a day inhaling that toxic ash. >> reporter: this is one of the 9/11 reporters who have fallen ill because of their work at ground zero. he worked closely with lawmakers to put together the 9/11 bill. >> we worked basically in a grave site. we pulled people. >> reporter: the toxic fumes, dust and smoke took a heavy toll on the people working on the site. he told us a month after returning from new york city,

team members began suffering a variety of illnesses. >> 70% of our people were sick, we knew something was wrong. we never had that many people sick at an event. >> reporter: the rescue bill will provide aid to survivors of the 9/11 attack and responders who became ill at working at the ruins. >> i would go today to go any where in the country to do my job. >> reporter: president obama is expected to sign the bill into law. reporting live here at minlow park. amber lee, ktvu news. the federal judge who stopped executions in california four years ago plans to pay a personal visit to the new death chamber at sam quintin. district court judge vogel says he wants to hold a meeting at san quentin to help decide if

california's revised lethal injection is constitutional. rave supporters and d.j.s say a new bill targeting to ban raves is discrimination toward them. moss says two deaths at the cal palace this year prompted her to act. some say the bill violates the partygoers freedom of expression. >> the community is very upset and there's a lot of organizers going on. we won't sit quietly and let this legislation discriminate against us. in kenfield tonight, the question is was it sabotage that led to a massive sewage

spill. in all, hundreds of thousands of raw sewage and waste water overflowed into the streets. and it appears it might have been a deliberate act. >> the pipeline that was clogged is in kentville. heavy pieces of debris were dropped into a sewage pipe installed this year. >> we're talking about thick pieces of rubber, some of them measures 22-inches thick, very heavy. >> reporter: it's highly unlikely the pipeline contractor dumped the debris. >> the only other explanation we can come up with is some level of malicious intent. >> reporter: waste water ran into san francisco bay. some waters did run off into neighborhoods and people are upset they weren't notify.

>> not until we saw it, until we noticed it on wednesday and asked them is this raw sewage and they answered us yes, we had no idea. >> my family is here, i have two young children. it's definitely a issue with us. we want to be updated on the drainage. >> reporter: people were told walking on the street and signs were posted. >> there are people who didn't get the message, whether they at no time check our website or weren't out walking. but there's no mechanism in place for us to tell every single resident. >> reporter: as the investigation continues, the sanitary district manager says there could be another sewage spill. but only if there's more than an inch of rain in this area between now and saturday afternoon. jim vargas, ktvu channel 2 news. the contractor released a statement saying today, quote the cause is contributing into this unfortunate situation are being examined. though we are aware that on

both occasions the overflow accidents occurred during heavy periods of rain and when the kentfield pipe station were the shut down. a part of the almond and quick silver park in san jose will remain closed because of concerns of methane gas. the north sections of the park have been shut down. the parks department says the problem began at the guadalupe landfill. they say a storage tank that holds methane over flowed and spill into the creek. san jose police are still looking tonight for a pit bull that attacked a woman. authorities say two dogs attacked susan tao on monday night. one of the dogs was found the next night and is being held by animal services.

the remainder dog is said to have a mixture of white, black and brown hair and may have some injury on top of his left eye. a nice dry day out today. we have more action in the south side, we'll let you know when it's going to get here. christmas may have come early to some bay area students and their parents. the deal that may save their school from closing.

a judge has temporarily

blocked plans for a private partnership plan. caltrans disagrees. the san francisco superior court has set a february trial date for the antioch man threatening to blow up a bridge. he is charged felony child endangerment for holding his teenage daughter and making a false bomb threat. valentino was distraught while going through marital problems. bombs exploded inside the swiss and chilean embassies. a note from an italian anarchist group was found at

one site. authorities blamed anarchists for bombings during demonstrations. tanks and troops conducted exercises near south korea. and in japan today, the emperor celebrated his 77th birthday. the emperor says he hopes people will be more considerate of the elderly. akahito became emperor after the death of his father the emperor heroheto. and toyota has reached to

pay an agreement for the death of an officer. investigators determined that a wrong sized floor mat trapped the accelerator causing the crash. toyota recalled thousands of vehicles to replace mats and repair faulty accelerates. months after president obama signed the health bill into law, thousands of people remain uninsured. there has been progress but california faces several challenges. >> californians are more likely to be uninsured. more likely to be denied for preexisting conditions. so we have a longer road to travel. >> reporter: the group says the bulk of the reform bill's benefits take effect in 2014, including financial assistance and new health care coverage options. a possible solution, what's being done that just might be enough to keep a bay area school from having to close its

doors. and will rain impact your holiday weekend? how much and when it'll hit the neighborhood where you live. bill martin's full forecast is coming up.

it was just a couple of weeks ago that we reported about the possible closing of an elementary school in san pablo. tonight something we don't often get to report, a possible deal that could keep that school open after all. ktvu's rob roth has our report. >> reporter: for parents and grandparents in the neighborhood christmas is coming early. >> i thank god for that. i thank the lord for keeping this open, this school. >> reporter: two weeks ago, school district officials were making plans to shut down lake wood school until june. the city of san pablo said it

could no longer afford to chip in money to keep the school running. today the san pablo mayor and school board member charles ramsey gave each other a congratulatory hug in front of the school. part of the solution may lie in the financing of a new community center under construction on the campus of another school in town. if the school district puts some of its building fund money toward the project, perhaps the city could free up some funds to keep the school alive. >> especially here in a poor neighborhood that was going to be really devastating. and the impact to them that people came together and found a way to make it happen. >> reporter: parents have pleaded with officials to find a way so their children wouldn't have to travel far to send their children to school. >> you get the overcrowding and that's not good, it could lead

to problems. >> reporter: the city of san pablo will take up the issue in a week. in san pablo, rob roth, ktvu channel 2 news. dozens of volunteers showed up at old city hall this morning to assemble food baskets for families in need. >> it's getting heavy. >> it is the 26th year the berkeley police department has led the effort to help out during the holidays. the berkeley boosters and uc police department also sponsored the drive. each basket contains enough to feed a family of eight. berkeley police officers will distribute the baskets to families before christmas. the officers along with churches and schools help select the families that they meet on the job. a holiday tradition in the east bay is seeking donations so it can help the needy this christmas. organizers of christmas in richmond say they still need toys to help make the holidays brighter for local children. the outreach is taking place

saturday at three locations, nevin community center, north richmond senior center and richardson park in oakland. if you want to donate toys can be dropped off tomorrow at two locations between the hours of 8:00 in the morning and 6:00 p.m. those drop off locations are water mark property hilltop road mall, suite eight in richmond. and the book tree at 6123 lasalle avenue in oakland. we're getting into the holiday weekend for many. if you have travel plans, the fog is an issue in the valley. outside we go, those are the high clouds, they are out there. partly cloudy, mostly cloudy. in these inland bay valleys where dewpoints are being reached right now like in santa rosa. we have fog showing up throughout the valley. you know where to look for it. it will be there as it was last

night. temperatures outside are cool. the valley fog will be mainly an inland event. it will also impact you on your way up to lake tahoe. the traveling is easy. but getting through the valley, you're going to have that dense valley fog. tomorrow is the only morning we'll have to deal with it for a while because the rain is coming in with this. instead of leaving at 6:00 a.m. leave at 10:00 a.m. gives us a chance to lift up. pretty active pacific out here. a lot going on. look at all those spinners, that's energy around the low center. what's going to happen the it's going to drop south, as it does it's going to bring rain for saturday, starting around noon. lots of clouds, then here comes your saturday, right in here. you see it late in the day that thing moves through and it's out of here quick. it's at 12:00 to 6:00 event. it's be breezy and there'll be linger scattered shower, but it's a fast mover.

it's a juicy system but it's moving quick enough that it shouldn't cause any problems. shouldn't be a big deal. the computer model, 1:00 saturday, look at it it's wet. then bang it's through. it opens up when it gets into the mountains, it slows down. so it's going to linger over lake tahoe. here comes your sunday. that looks pretty good. then a few sprinkles into sunday evening. supd sunday is your best day on the week end. snow on saturday, snow on sunday. check your conditions, coming home sunday night will be a little better. the five day forecast then is continuing in this wet pattern. i looked out just beyond christmas, beyond new years just looking at some winter stuff, you see it every other day, it's good. we can handle a ton of water

you just need a little time to dry out. so we are into a wet pattern, looks like it's going to go right into january. >> all right, thanks bill. >> thank you, bill. there was another development in the america's cup race. bmw says it will be pulling out of the partnership with oracle. bmw says it achieved it's goal of winning the america's cup. bmw contributed on building the tramaran. and which company ditched tiger from its marketing.

tiger woods has lost another endorsement deal, gillette east woods is part of its gillette marketing campaign. it's saying today it plans to phase out the campaign and will

stop using tiger woods in their advertisements. and there are soothing earlier season anxieties. suddenly this doesn't look like one of those seasons where the ducks will be regrouping. santa checking out a little hockey before his big night tomorrow. he will witness the sharks boiling over in the third period. it's danny boyle with the rooster. and it's 1-1 with the coyotes. joe sorton will score his two tkpwoáel goal and the sharks will lead it for good. 4-1 final, nice way to go to a little preday christmas break for the sharks. thursday night football, not a game anyone is really going to

remember through the ages. do the steelers ever not make the play offs. do they ever press restart. what a great organization. winning is what they do. and ben roethlisberger hits ben wallis. big ben 320 yards passing, that was the only thing that could stop him, knocked the defense. nobody could tackle him. you know what, college bowled over the next few weeks. to the poinsettia bowl, 63 yards 14-0. all hands on deck for navy but it would do no good.

four touchdowns tonight, 428 yards rushing and there's 37 of them right there for one of the scores, 35-14 your poinsettia bowl final. if it's true, you only get what you give, c.c. sabathia is. his christmas caravan in town. four days of giving. c.c. sabathia is -- sabathia did have a little time to talk about the yankees and cliff lee. >> i did talk to him and seeing what the yankees had to offer. four or five years is a long place to be any where, and he thought the best place to be is

in philly. >> and c.c. sabathia is a guy that will never forget about his roots. >> have a good night everyone. >> good night.