concerns about a possible fuel leak after a boat capsizes on -- on the san mateo county coast. a narrow escape for a police officer when his car is hit by a big truck. more at noon. >> reporter: emergency road repair has made a mess of the morning commute on interstate 880 and the worst may not be over. >> reporter: before the sun came up, the mayor of oakland went inside the oakland police department to go one on one with the rank and file. we'll tell you why and have reaction. >> reporter: what to do with a capsized boat in half moon bay? fuel leak concerns remain. that story's live.

good afternoon. we begin with developing news involving another twist in the legal battle over gay mare average. the 9th circuit court of appeals cannot make a decision on whether california's gay marriage ban is constitutional until the state's highest court weighs in. a brief was filed asking the california supreme court to decide if the backers of ballot prop sixes can step in to defend voter-approved -- prop sixes can step in to defend voter-approved measures in court. that question is important because former governor schwarzenegger and then attorney general jerry brown refused. emergency repairs 2349 east bay have created a massive backup. this is happening on northbound 880 in oakland on high street. it's been going on for several

hours now. ktvu's sal castanedo joins us with more on the repairs and how long this might last. >> reporter: this problem has been going on since 7:45 this morning, two lanes at high street, right at the bridge, are closed. we want to talk to caltrans spokesman matt robinson. matt, what's going on today and why the lanes closed? >> we have an emergency lane closure where in the number three lane we had part of the freeway give way and create a hole and now construction crews are working on getting the hole filled again. >> reporter: how big's the w hole? >> 2 >> reporter: what's it gonna take to do that? >> right now, crews are putting in cement to make sure the structure is sound and strong and handle the loads of vehicle that will be driving over it again.

>> reporter: do you have any time estimate? >> about:00 to have the lanes open and get the crews out of the way for the afternoon commute. >> reporter: that's matt robinson, caltrans spokesman. you heard him, it will be for the better part of the afternoon that they will have these lanes closed. meantime, traffic is a mess. we have people bailing off the freeway on 880 high street. not knowing what's going on. many people got off the freeway because they were afraid they were gonna run out of gas. we spoke to one frustrated commuter. >> i had to pull off the side of the road in order to get some gas only because i was worried about getting back in the logjam caused by all of this traffic. >> reporter: now, caltrans s ays -- has told me that this emergency repair of this two by two foot hole that opened up, they told me that the hole most likely opened up because of the weather and years of use on

this very busily traveled freeway. and again, the lanes will not reopen until at least 3:00 p.m. so 880 northbound, we advise you to avoid it. the traffic does get much b etter, by the way, after high street. live in oakland, sal castanedo, ktvu channel 2 news. >> thank you, sal. rescue crews are clearing the scene of an accident this morning on highway 92. these are pictures that came in about 20 minutes ago from newschopper2 showing the crash just east of the san mateo bridge right before the toll plaza to hayward. authorities say a pickup truck flipped over into the water. a tow truck was brought in to fill it out. still no word on how many people may have within involved. drivers should take note the rescue effort has been blocking one of the lanes there on highway 92 and there may be some residual traffic backups in the area. and in fairfield, a chp officer barely avoided serious

injury when a big rig crashed and fell onto his patrol car. it all started around 9:30 a.m. when an officer spotted a ladder on the highway and he called for backup to set up a traffic break and waited in his car. that's when a 40-foot big rig truck skidded to avoid the ladder and slid on the side l anding on the chp cruiser. >> i was sitting in my car, seat belt's on, thank goodness and just accelerated my vehicle to get out of the way. i didn't quite make it and it struck me. >> the officer said he was shaken up but was not seriously hurt. the driver of the big rig suffered minor injuries. we're learning more about an officer-involved shooting south of market. it happened near 10th and howard street at 10:15 this morning. police have releesed few

details and -- released few details about what happened. a man -- a man in a wheel clair was hit by a rubber pellet. he was taken away by an ambulance. oakland's new mayor started her first full day on the job this morning at the police department talking one on one with the rank and file. mayor quan's relationship has been described as rocky and tense. claudine wong has more on what both sides said about going forward. >> i'm doing a meet and greet with the police department. >> reporter: before the sun came up, jean quan was at the oakland police department to talk to the rank and file to talk one on o ne. >> no, ma'am. >> reporter: why not? >> this is our regular lineup. >> we never let you guys in h ere. we talk about top-see vet stuff. butfy was going to let anyone i n, it would be you. [ laughter ] >> reporter: going in there are

smiles but there's no doubt there's serious issues facing this police department. 80 police officers have been laid off and there is an ongoing battle about pensions. this morning the police president of the union said there's reason to be hopeful. >> i think she's trying to bridge a gap and figure out what we do. >> reporter: is that a big gap that needs to be filled? >> yeah. >> reporter: afterward, the m ayor said when it comes to fighting crime, she's turning to the community and police. do you think there's a need for more police 1234. >> yes. i can't just -- >> reporter: the mayor said she's sending a proposal to the

city council next week to continue those negotiations. when the police union and the mayor will be back at the negotiation table, well, that's still unclear. the bigger question is will they be able to find common ground. in oakland, common ground, ktvu channel 2 news. san francisco supervisors are set to vet today? another effort to select an interim mayor, even though current mayor newsom has not left office. this follows an unexpected move by some supervisors at a hearing yesterday to block several of newsom's latest appointments. they say it's the same as newsom delaying the swearing in to prevent them from selecting an interim mayor. if they select an interim mayor, their pick will have to be ratified by the new board of supervisors which will be sworn in in. a boat ran aground and is now capsized at kelly avenue.

the crew members were rescued this morning. now the question is how to get the boat out without caughting any harm to it or the environment. jade hernandez has more. >> reporter: good afternoon. at this point, no diesel fuel has leaked. it's pretty amazing when you see this capsized boat right here along francis beach. high tide peaked a few hours ago and now salvage crews must wait for equipment and the high side to fall. you wouldn't know it by the way these men are dressed but they are surfers. >> yeah. just concerned about the pollution that the boat's leaving in the water, you know, when you add the -- it's cold enough now and then when you have debris in there, it makes it pretty dangerous. >> reporter: it didn't take the crew longto find the vessel. the boat was filled with a

couple thousand pounds of crab and was rocking back and forth violently. the coast guard said it may have initially capsized and then righted itself. authorities say the captain put the boat on auto pilot and the crew fell asleep. >> luckily, today the surf wasn't that bad. but you are taking life into your hands when you get out there. there wasn't a high likelihood of diesel leaking diesel until it capsized earlier -- of the vessel leaking diesel until it capsized earlier. they had to remove the 2,000 gallons of diesel fuel without compromising -- could -- cut compromising. all anyone else can do is wait.

>> actually, it's too bad in a sense because it keeps us out of the water. this boat's owner, the phyllis j.'s owner said he didn't want to talk on owner but said his son was the captain and had about 10,000 worth of crab aboard. jade hernandez, ktvu channel 2 news. ahead -- what happened during a court hearing for michael jackson's doctor this morning. why even more parking tickets may be handed out in san francisco. meteorologist steve paulson is taking a look at the bay area forecast to tell us if any rain is on the horizon. >> reporter: why the marin county board of supervisors w ants a moratorium on smart meters even though they have no authority to enforce the ban. ñw?

in marin county, supervisors are taking on the issue of smart meters. this was prompted by a large crowd that packed a board m eeting last month, urging officials to outlaw these die vices. kraig debro has more. >> reporter: right now as we spoke the marin county board of supervisors is hearing from a number of concerned citizens. the board of supervisors has no

legal authority over smart meters but they are set to approve an urgency moratorium anyway. the board says the people of marin county have concerns about smart meters. pg&e has already installed smart meters in this the 245 -- in the county that gets their energy from pg&e. the cpuc, the california public utilities commission. the utility began doing so. useable on the old meters are measured once a month. smart meters can be hooked into computers that will allow homeowners to check their usage. but now they are saying installation should be on halt until the system is rid of h

armful interference. >> one of the most recent concerns that was raised that i'm particularly concerned about was -- came from our ham operators who noticed increased communications and when you are in the middle of a disaster, the last thing you need is not being able to hear your emergency communications. >> san francisco asked the cpuc for moratorium last month but was denied. >> reporter: reporting live in marin county, kraig debro, ktvu channel 2 news >> all right. thank you, kraig. marin county supervisors decided to postpone another big issue for three more weeks. they were scheduled to vote on an ordinance that would

prohibit single use bags at 40 stores in unincorporated marin. they decided the issue needed more scrutiny. supporters say this will help cut down on litter. a warning for city drivers, san francisco may begin handing out more parking tickets to help balance muni's budget. the chronicle reports the agency faces a $21 million deficit but the agency doesn't plan to raise more cuts or fares. most people we talked with said this is a bad idea. >> i think it's completely under fair, not only is the parking ard here -- parking around here astronomical. it just makes it easier forethem to collect money. >> i find it hard to believe that they didn't make enough money. the city putting out -- puts out quite a few parking tickets. and they are awfully high.

>> prosecutors have begun to present their case against michael jackson's doctor in a hearing on whether he will stand trial for manslaughter. members of the jackson family arrived for the los angeles h earing this morning amidst the fans while -- while prosecutors say dr. conrad murray a dministered a dangerous anesthetic and failed to provide adequate and prompt treatment before he die -- before he decided. jackson's personal assistant described the chaotic scene. the hearing is expected to last about seven or eight days. want to check in with steve paulson mostly sunny. a midwest kind of cold. kind of damp. there is still a little bit of fog holding on in the east bay. we had a lot of 30s, even some upper 20s. i know kenwood was in there. it is mostly sunny and that sun

does feel good. right now we're looking for mostly sunny skies, maybe a few high clouds. but the morning lows, kenwood, there's the 29. sonoma was 22. morgan hill, 25, blossom hill 36. sancarlos at 36 -- 37. if you thought it was cold, we even had the fog and the cold makes for a very, very tough morning. the fog burned off most locations pretty fast. but it's still hanging on a little bit. it's not burning off in the valley. so that footprint in the valley for the fog is there. we're not seeing an easterly breeze. one low moved up the coast, the other is moving up to the pacific northwest. for us, high pressure will protect us. cold mornings and hazy sunshine. cold, fog or sun it looks like through saturday. maybe some changes. no rain in the forecast but

maybe sunday and mon we'll get a much cool earl northwesterly breeze. fair field is only 49. napa, 48. santarosa, 48. >> 52 livermore. 47 redwood city. 53 mountain view. that's one of the warmer locations. tahoe is down to 1. they are now 30. finally a few 60s popping up. only 37 las vegas. there's our low. that will go into southern california probably friday night into saturday. this one won't do much but spin in a few high clouds. patchy fog, a little bit warmer. not a lot. just a little bit. temperatures are coming up ever so slightly. so some low 50s to mid-50s and towards the santa clara valley, slightly warm he. five-day does have about the same pattern. slightly warmer and then i think by son we start to get cooler around here. the next couple of days will be like today. >> yeah, okay. not too bad. >> okay. thank you, steve.

the captain of the uss enterprise has been permanently relieved of his command this afternoon. the commander of us fleet forces says captain owen honors showed extremely poor judgment in the videos that included anti-gay slurs and sexual innuendo. the vies were made in 2006 and 2007 when he was second in hand of "the enterprise." democrat, nancy pelosi, has no regret as she ends her f our- year reign as speaker of the house. tomorrow she will hand the gavel to republican john boehner. she are -- pelosi will be minority leader and looks forward to leading a tenacious opposition to the gop. >> the democrats will present a strong message to the american people putting jobs first and b eing sons -- fiscally responsibility as we do so. >> today she began the

democratic charge by calling republicans hypocrites, for doing a move that she says will increase the deficit. today, president obama s igned a bill for the first major overall safety system. congress passed the food safety modernization act after several outbreaks the -- of e. coli and eggs and milk over the past few years. this will require $1.4 billion over the next five years at a time when republicans want to slash spending. still ahead -- why lottery machines around the bay area are very busy today.

numbers are mixed right now on wall street. there is some good news. factory orders are at 7% in november -- rose 7% in november. chrysler reports a 17% increase, ford up 15%. but that still remains bow l ee -- below the highs. the nasdaq is down 8. s&p is down 2.50. it's a long-shot but would- be winners are lining up for a chance at tonight's megamillions jackpot. it's now grown to $330 million after 15 drawings without a big winner. the odds are 1 in 176 million

that you will end up with the lucky combination. but that is not dampening the enthusiasm. this morning one business owner is hoping that she and all of her customers will be winners together. i'm collecting with -- i've been doing this for a long time. every time it gets big, i collect pools with the c ustomers. so if iwy, i can -- they winning i can win too. >> the winning numbers will be drawn at 8:00 tonight. the game is played in 41 saints including california and also washington, d.c. a source with knowledge of the situation tells "the associated press" the san francisco 49ers have asked permission to talk to oakland raiders offensive coordinator hugh jackson about their head coaching opening. the 9ers fired singletary and the team plans to hire a general manager before it hires a new head coach. coming up on the news at 5:00 -- fireworks are expected

at today's meeting of the san francisco board of supervisors. four members are on their way out. the new board will not be sworn in until saturday and gavin newsom who will soon become the lieutenant-governor. that-- the new board will not be sworn in until saturday, when gavin newsom who will soon become the lieutenant-governor