dumbarton bridge. it also looks good on the bay bridge if you are trying to get across the bay in san francisco. and it looks pretty good on the san mateo bridge heading out to the high-rise. northbound 101 in san francisco is at the speed limit as you approach the 80 split and no major problems coming in on 280 extension. coming up on 4:30 let's go back to the desk. the occupy protest movement touched on fire works late last night. and a resolution to present future port did not go to a vote. >> reporter: for once the excitement was inside council chambers. over the past few months we have seen a lot of things happen here. last night inside the council chambers we had exciting happenings going on there. they basically voted. it was 4-4. it was very

anticlimatic. they were voting on an urgency resolution that said they were going to provide all the support and resources necessary to the city administrator to prevent the port of oakland from being shut down. the port has been shut down twice over the past two months with occupy oakland protestors. in each case shutdowns happen. meaning no trucks brought stuff in or took stuff out. but according to occupy oakland protestors they want economic justice. they say the people who work at the port specifically the truck drivers are not making any money. that needs to change. there was some strong reaction. >> we welcome all support to to keep our port open. the reason is because it's vitally important to our city economy and region economy. >> the port belongs to the people. the people needs to go down there and stay there until they claim what is theirs.

[ applause ] >> reporter: things didn't always go smoothly last night. at least one occasion council member larry reid that was running the meeting threatened to cut people off. threatened to close down that meeting because there was a lot of people in the room yelling and shouting. and he eventually did not do that. the vote was 4-4. which means they will have to go back and revote it on another time. the process will take a lot longer. we'll have more on that along with jean quan's announcement. she is announcing an independent auditor take a look at how police handled the protests in the last couple of months. reporting live in oakland kraig debro. concord neighbors are watching out for each other after a series of holiday package thefts. neighbors say delivered packages are being stolen from

their porches. there were two lefts on monday. neighbors say a car followed the ups and fedex truck. and then someone jumps out grab the gifts after they leave. >> this is the time of year we are always surprised with gifts from family and friends. we are unfortunately this is happening in our quiet neighborhood. >> a ups driver we talked to said he's on the alert for thieves. if he spots one following his truck he will call 911 or a manager. neighbors expecting packages say they are sticking close to home. secret santa's have shown up at kmart stores. they are paying off layaway accounts. coming up how it's part of aglowing phenomenon. thousands of bay area nurses are set to stage a one- day strike tomorrow. a

spokeswoman for summit wards nurses that strike will be locked out until saturday. 500 temporary nurses have been fired. nevada police are urging residence to lock their door after an uptake in burglars. there was 11 break ins in the area in the past two months. police usually say the suspects ring the doorbell to see if anyone is home. if no one answers they try to find a way in. two suspects were arrested last week. san jose police are warning people to be on the lockout for a man they say is armed is dangerous. yesterday police swarmed on to elle coo hone drive where derrick brown was spotted. police say brown ran into this neighborhood. people saw him running through backyards.

coming dangerously close to their homes. >> i saw the guy jump over the fence and went behind my house and neighbors house. so i wonder if he was in my house. the next thing i know he went in my neighbors house and stole his car. >> one man says brown broke into his house and stole his car. brown was able to flee the scene and police are still searching for him. pg&e is proposing a compromise for customers that do not want those smart metering. they are allowing customers to keep their old analog meters for a fee. pg&e insists smart meters are safe but many people think they are health risks. utility commission could vote on the proposal next month. this morning a former golden state warrior team --

the unnamed employee identified only as the former director of community relations is suing the team, its owner, and player monta ellis. her attorney says ellis sent unwanted text messages and a graphic image to her cell phone. when she complained to the warriors she was fired. >> she believed the warriors would not take it seriously and come to his defense. a fear that turned out to be justified. >> we will learn more about the 14 allegations against the team and ellis. so far there have has been no public comment from ellis or the team. the warriors are dealing with a loss of their star player. point guard stephen curry reinjured his repaired ankle. teammate had to help him off the court. you can see there. he was diagnosissed with a sprained ankle. he is going to under go further tests today. winter officially starts

tonight. you won't be able to welcome it with a roaring fire. noel walker has more. >> reporter: we already shattered four spare the air days. today is spare the air day number eight. the air quality control has a free app you can down load. you can see northbound counties are in the red. the northbound counties are the worse. we can blame this on no rain and wood burning fireplaces and stoves. that is because those things send bad things into the air. there are 7.1 million wood burning gas fireplaces and stoves in the bay area. they send particulates into the air that can cause health problems. the best advice is to skip that afternoon run. >> the kind of fine particles

you find in wood smoke are the reason for health problems. so you know it's really public enemy number one when it comes to air pollution. >> reporter: so the spare the air days are not just a suggestion they are enforced. they have people going out to monitor and also people calling to complain. some of your neighbors might do that. the first offense is you will get by with a warning. the second offense and beyond the fines start at $400. it's certainly something worth heeding. i should tell you too the worst times for air quality are right now. they are the overnight hours. they clear up a little bit by day. as we head into the overnight hours the air quality is the worst. time is 4:38. let's head over to sal castaneda for a look at your roads. good morning, sal. >> good morning, claudine. we are off to a decent start on this wednesday before

christmas. traffic is moving along pretty well as you head autoto the mccarthur maze with no major problems. the problems we've had as far as road work those have been cleared up. things are doing pretty well. also the morning commute looks good at the bay bridge. i know a lot of people are going in early. or some people are going in early. it's nice and light on the way into san francisco. there goes the train, steve. northbound 280 traffic looking good as you get up to highway 17. southbound 280 traffic also looks good. the train traffic is moving along well. 4:39 let's go to steve. >> how do you do that, sal? >> you time it perfectly. we do have cold readings and fog from the valley. or a combination of the two can make for a really tough morning. lows in the 30s. some of that fog keeps temperatures on the high side. even near 40 degrees by noon. if you're stuck in that it will be a cold, cold morning and late morning as well. for others you all rebound.

if you have no fog at all, some of it is cold. other than that high pressure is here. it's here for awhile. 30s on the temps right now or 40s. oakland airport 36. 35 redwood city. san rafael 33. there is a lot of 30s out there this morning. the wind is tailed off a lot compared to yesterday. sunny good to go today. we're not looking for any rain. hazy sunshine. fog to the east. a little breezy in the hills. forecasted highs upper 40s and low 50s in that fog. there could be a big difference between concord and livermore. 60s for some. 50s again held in check if you are off toward the east. that fog keeps things too cold. breezy on thursday. the wind picks up and then back to friday where hazy sun and it looks warmer as we go into the holiday weekend. >> thanks, steve. a winter storm in the southeast is starting to taper off.

holiday travelers are not out of the woods just yet. the storm dumped as much as 15 inches of snow. that same system is predicted to bring rain and snow to the east coast by friday morning. that could mean delays for people traveling between the bay area and east coast for the holidays. sfo is reminding travelers to check with their airlines for any delays. making air traffic safer. the new safety changes expected to be announced today. and the next step in the investigation of the pour outages during monday night 49ers game at candle stick park. good morning, southbound 680 off to a nice start. we'll tell you more about the morning commute and the bay weather.

there is the biggest christmas tree bulb you have ever seen in your life coming at you. it will be similar today as it was yesterday. fog to the east and sunny and mild elsewhere. today the faa is set to release new rules aimed at preventing airline pilots flying while dangerously tired. this comes three years after a deadly crash. 50 people died in that accident near buffalo, new york. fatigue can slow pilots reflexes and slow their

reaction times as much as drinking. crews in new jersey will clear out wreckage from a plane wreck that killed five people. two men, two children, and a woman and dog were on the way to georgia when the plane went down. it crashed on the highway spreading debris a half mile. air traffic criminallers spoken to the pilot about icy conditions before the crash. the cause of that is still being investigated. a forensic lab will analyze an electrical lab that went out. a problem with a 12,000-volt line outside candle stick park caused the first power outage. smoke forced as many as 40 people out of suit boxes. the utility says it's not churchy cause -- not sure what caused the second outage.

the secret santa phenomenon at kmart stores have spread to the bay area. >> whoever it was, thank you angel. >> you're the lucky winner. >> belmont only had to pay a penny top collect the christmas gifts he chose for his six-year- old daughter. someone anonymously paid off his $50 layoff balance but left one cent to keep the account open. a man paid off 60 accounts. almost $10,000. >> he looked to see if it was kids toys, and clothes. >> did he say anything about himself? >> no his just said i'm secret santa. i want to tell everybody a merry christmas. >> secret santa phenomenon started in michigan. almost a half million dollars has been paid on layaways. christmas is this sunday. big retailers are running lots of ads to try and pull in the last minute holiday shoppers.

most small businesses cannot afford to do that so they are hoping personal service and out of the ordinary gift ideas will draw in the shoppers. in downtown pleasanton most business owners say the holiday season has been good with merchandise moving out the doors. >> i reordered twice. >> we kind of changed the store a little bit with new ownership. bringing in a lot of different products. >> with christmas on sunday this year, most store owners think this could be a very busy sat. many merchants say christmas eve is when some shoppers just start looking at their holiday gift list and ask for help at the first stores they find open. time is running out for congress to extend the payroll tax cut. the republican controlled house approved a measure to take the issue back to the negotiating table. >> let's not play

brinksmanship. the american people are weary of it. they are tired of it. they expect better. >> harry reid must decide whether to bring them back from their holiday break. he said he would not negotiate with the house until it passes a two-month stopgap pressure. a stalemate will cost the typical american family $40 per paycheck. that works out to $85 a month or $1,000 a year. the administration characterizes the typical family of earning $50,000 annually. the case of a woman killing nursing student michelle le is moving forward. est that bonn is set to be arraigned on murder charges on january 1st. she killed le in may.

the seven-year-old boy who fell off of a ski lift has died. the accident happened on sunday morning. the boy reportedly fell 60 feet and hit his head on a mix of snow and bare ground. a resort spokesperson said the child was a member of the sugar bowl ski team and was wearing a helmet. a south bay soldier is being honored with prestigious award after four months of being told he would not survive his injuries. last night 23-year-old brian jergens received the purple heart. jergens was a combat medic in afghanistan when the humvee he was driving ran over an explosive device. he lost both of his legs below the knee and suffered severe brain trauma. >> really it was doctors saying he might not ever wake up and he woke up. then they said he would never talk and he started talking.

he's so stubborn. he beat all the odds. >> his wife said yesterday during therapy he was able to walk 20 feet on his knees. with christmas and his first wedding anniversary approaching this medal is one more thing to celebrate. today a defense will make his case. the prosecution called its final six witnesses yesterday in the case against private first class bradley manning. he's accused of leaking secret information to wikileaks. defense lawyers have been portraying him as a troubled man. the countries trade minister said it could take as long as 40 years to fully commission the facility. because it will emphasize safety throughout that process.

the announcement comes days after they declared the plant stable. time is 4:50. it is second driest in the sierra in 90 years. what ski resorts are doing to get around the lack of snow. call them santa's helpers. ok, you guys wanted a space for entertaining your friends, so, open your eyes and check out your new living room! [ gasps ] honey, the tv's over there! yep, we got you the new at&t u-verse wireless receiver

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happy now. we want to give you a live look at the russian rocket that is getting ready to blast off to the international space station. as you can see this is a live feed from inside that rocket and the launch pad. the spacecraft is currently the only lifeline to the space station since the united states decided to retire its shuttles. it will take the three

astronauts inside to the space station. that launch is scheduled for 5:16 our time. we will be monitoring that for you. ski resorts are dealing with a major set back this holiday season. there is no snow. we want to take you live for a look on the road. those roads are clear. that is eastbound highway 80 near truckee. there have been freezing temperatures so they have been making snow. there has been no -- there are no significant snowstorms in december. memorial ski resort and others have been making snow amounts in weeks. the lack of snow has deterred visitors. this is the second driest december dating back to 1921. >> it's really good but it is fake. it's really easy to slide down on. >> you can look behind me and see we have plenty of snow. we have pumped out 34 million gallons so far. cold temperatures continue to let us make snow.

>> there is no snow in the forecast in the tahoe area at least through christmas day. one airline is trying to help holiday travelers get through security more easily. virgin atlantic airlines will offer gift wrapping at kennedy airport. that way they can bring unwrapped gifts through security and pay $2 to have them wrapped. proceeds are going to charity. sal castaneda is keeping an eye on things. how are they look something >> pretty good. i would say it's a great commute to start off with on a wednesday. the wednesday before -- i almost said thanksgiving. christmas. let's go to the bay bridge toll plaza it looks good there. also the morning compute looks good here in oakland on 880 northbound and southbound. if you are driving up to downtown oakland, that road work has been picked up. this morning in san jose 101,

280, 85, and 17 look pretty good. now let's go to steve. sal, thank you. we have more fog coming in from the delta and east. sometimes it doesn't arrive until 7:00 or 8:00. it sticks around until 11:00 or noon. even if you don't have the fog it's in the 30s. there is frosty areas. mendocino county area and parts of lake county had upper 20s. high pressure large and in charge is hanging around. there is no sign of pattern change. i have seen projection change out to 31st. unless there is a hiccup in the forecast models i think what you see is what you get. 30s for almost everybody expect for a few isolated 40s. everything continues to go up and over our dive and redevelop in southern california. i mean arizona and new mexico will have a white christmas. it's going to be really nice down there. it's just not going to happen here. northern california or even

into nevada. it's really, really calm. the wind can kick up some of the higher peaks. patching to in the valley. kind of drifts back because of an easterly breeze. areas around concord, fairfield, vacaville, antioch have to deal with pockets of fog. hazy skies and no rain. if you don't have any of that fog it will be sunny. fog to the east. a little breezy in the hills. hazy sunshine. upper 40s and low 50s. 50s and 60s for everyone else and the extended forecast which always has your weekend in view says not much change. a little wind on thursday comes down friday and looks sunny and mild to warm over the weekend. time is 4:57. concerns over spare the air warnings. what may be behind the high number of alerts this year. plus allegations of sexual harassment filed against the golden state warriors and one of the star players.

we are live in oakland where former warriors employee accuses a player of sexual harassment. we will tell you what she is accusing him of coming up. are you feeling a little alargic this morning? i have a ready made excuse for you. a decision on a resoluti