mayor chuck reed is out of town but released this statement. >>> now, san jose stitty leaders say that big projects won't be -- san jose city leaders say that big projects won't be affected like the san jose b.a.r.t. and a possible big stadium because those projects are financed privately. >> thank you, lorraine. >>> a police dog end a five-day standoff between san jose police and a man armed with a machete. officers were called to the water stone apartment near the west capitol expressway around 2:35 a.m. where a noisy tenant had threatened a security guard. he had barricaded into his apartment and yelled threats at police. negotiators tried to talk to him. the man walked out holding a bottle of alcohol. >> we wanted to make sure he didn't get back into his apartment. the canine was deployed. with the assistance of the canine, the officers were able to take him into custody. he sustained injuries because of the day neighbor biting him. >> the man was taken to the hospital with that bite wound. police will release his name when he is booked into jail a littler today. >>> heavy fog caused traffic delays. you take a look outs

san jose. and no one from the a's camp would comment on this report but san jose city councilman sam ricardo says there is reason to expect the move will be discussed next month. >> we certainly heard indications that this would be a topic of conversation for the winter meetings in mid january. so we would like to believe this would all get resolved within the next few weeks. >> ricardo represents the downtown district where the new ballpark would be built. and major league baseball commission in 2009 researched stadium options for the a's. that was back in 2009. so far, none of those find cans have been released. the occupy wall street camp is gone. but the artifacts of that movement are now considered collectibles. several major museums including the smithsonian have collected materials from the occupy movement and looking for posters and flyers and buttons and any other type of material. the museum of the city of new york is planning an exhibit on the occupy movement next month. and occupy protesters have formed their own archive says they want to keep established institutions from defining th

how did all of this happen in the city of san jose. at this point it sounds like bad math. an actuary or analyst who crunches the numbers for the police and retirement board back in june. he said the city's pension cost would increase by $160 million next fiscal year. now that same analyst says that estimate was too high. and instead of projected $80 million budget deficit next year, san jose's deficit is less than $40 million. the police and fire unions are not happy. >> i am angry. yeah. i've been angry for a wile. i have a mayor who will destroy the city that i love. >> the numbers aren't a surprise. they what we knew all along. the same numbers we used when we had a proposal a couple of months ago sochlt they're not a surprise. they feel it's fair for both sides. as long as the language is agreeable. a lot of discussion between the union in san jose and city hall. a big rift there seems to be increasing by the day. we have yet to hear back from city leaders to hear what their take is on the finding of this new money. >> thank you very much. >>> police tracking a murder s

. >>> protesters return to san jose city hall and they come with tents. >> we're the occupation! marty occupation! >>> police broke up the encampment. protesters set up the tents as a symbol of their movement but claim they wouldn't go inside. city officials reminded protesters that setting up tents was against city ordinance that bans camping on the city plaza. some walked with tents on their backs calling it a moving encampment. >>> the tents in san francisco are gone, but protesters there ran up a tab. cost more than a $0.5 million. park and rec spent $50,000 to repair damage from the encampment. >>> texas governor rick perry may have something in common with the occupy movement. he called the bailout by wall street, quote, the biggest single act of theft in american history. perry has tried to portray himself as a washington outsider in his campaign for the republican presidential nomination. >>> paul is the new leader in iowa. the poll was conducted last week and suggests the texas congressman is surging to the front as newt gingrich fades a bit. paul at 23%. mitt romney at 2

this week the city council began work on an issue that will cut san jose's pension cost significantly. >> the city begins to look like detroit and we can't allow that to happen here. >> fire chief cut the list of pensioners and according to the paper each cost more than hundred thousand per year. >> i make it darn good living in this area for about half that amount and still be quite comfortable. and you are not even working. >> i think our service will people do it great job but i need to get our budget in order. >> there's no doubt that go over the last few years we've not only seen an increase in our pension benefit also the summaries. those who create larger and larger pension benefits for our employees. >> you just let them out of the process. >> this would mean less money out of the officers paycheck from the side of the table, but on the other side of the table that's a lot less money out of tears. >> the city has severely without considering them told us know. we are asking them to negotiate with us and we understand the severity of the issues. >> without involvement of the di

. >>> this morning, san francisco parking officials will consider a plan to increase the fine for double parking in the city to $100 per violation. >> san jose city council meets today to work on pension reform for police and firefighters. [ inaudible ] >>> good morning i'm mike nicco looking down from mount tamalpais [ inaudible ] >>> delay-free on freeways earlier mass transit delay on bart gone. off to a great start for this hour. >>> bundle up, especially kids before they head off to school this morning. 5:00 thanks for joining us i'm kristen sze. >> i'm eric thomas. police warning thieves could bring your next train ride to a halt. thieves cutting cables along the tracks to get at copper not letting trains stop them. katie marzullo is live with more. >> reporter: good morning. we are just learning there has been a confirmed case of copper theft just in morning. within the last hour or so. we know it was in the oakland area not clear if it was at a bart station or somewhere else along the tracks. that makes three since last friday. two recent incidents police are investigating. within friday, sun sunday. sunday a bart driver -- [ inaudib

city-sanctioned site in the lehigh district. lee hasn't said how long he will give protesters to make that move. >>> san jose's $80 million budget gap is now slashed in half after a second review of the city's pension costs. joining us at san jose city hall, where unions will challenge city leaders later on today is damian trujillo. >> reporter: they feel they've been made a scapegoat throughout this budget mess. the rift between city hall, police officers and firefighters just got wider. >> i am angry. yeah, i've been angry for a while. in essence, the mayor is going to destroy the department that i love and put 23 years of my life into and it's a painful process to watch. >> reporter: an analyst crunched the numbers for the san jose police and fire retirement board back in june. he says the city's pension costs would increase by $160 million next fiscal year. now that same analysts says that estimate was too high and instead of a projected $80 million deficit next year, san hojose's deficit is less than $ million. >> the numbers aren't a surprise. they're what we knew all along. they're the same numbers we used when we submitt

a third of san jose's city's firefighters and police officers collect 1000 from the city, while more are checking out early, cashing in the retirement benefits. this week, the city council will begin work on a measure for the june ballot to cut san jose's pension costs significantly. >> the alternative is a city that falls apart. a city that looks like detroit. we can't allow that to happen here. >> reporter: two retired police chiefs and a fire chief top the list of pensioners, according to the paper, each collecting more than 100,000 a year. the top administrator collecting 169,000 a year. two others collect 149,000. >> so there is no doubt that over the past 10 years, we've seen not only an increase in the pension benefit but an increase in salaries. and the two of those have combinedded to create larger and larger pension benefits for the employees. >> reporter: but union leaders say the plan leaves their offers out of the process. >> i have done the records, we need structure reform within the pension system. >> reporter: one spokesperson said they submitted a plan to the counci

there's san jose's city hall at 4:57. >>> good morning, everyone. >>> okay, we're going to take you to san francisco for a look at

city at 37. same for san jose. livermore at 31. fairfield at 32. afternoon temperatures seasonal.ging from the high 50s to the low 60s so similar to the temperatures that we saw yesterday. that's because this high pressure is holding in place and that means we are seeing dry conditions and any of that wind that we dealt with last week not in the picture today. just get to enjoy some sunny weather and no more of those 70s. sorry about that. temperatures in the bay area this afternoon, 61 for campbell, santa clara, morgan hill, san jose. hayward 60. cupertino at 62 and los altos at 59. into the east we go, 57 for brentwood. 58 high in walnut creek and napa topping out at 58 today. one 60 in the north bay in petaluma. otherwise in the high 50s for the most part. want to keep your coat until the afternoon. not warm by any means. wednesday conditions similar temperature-wise but we are going to see some more clouds making their way into the forecast. same story thursday. patchy fog into wednesday and thursday. possibility of rain sunday and monday. let's go to elizabeth now. >> out to

. >>> today, the san jose city council will decide whether to replace a retirement reform ballot before voters. the city cannot keep up with soaring pension softs -- costs. he's recommending this go through during the 2012 primary presidential election. the council has put off the vote because the city's projected budget deficit is now half the original amount. >>> the lucky supermarket chain is warning customers to check their bank accounts following the discovery of a widespread credit card fraud scam. someone installed skimmers that record numbers on the self- checkout stands of 23 supermarket stores. so all 23 stores have posted signs warning customers to check their bank states and close their accounts if someone seems wrong. >> the secret service tells me it's the most sphift kuwaited -- sophisticated device they've ever seen in the united states. >> very surprised something like this could happen. >> the company says so far 80 people have reported money taken from their accounts and the amount is in the thousands of the dollars. lucky says it's now checked the card leaders -- car

. >>> san jose city council will discuss pension reform today. the mayor has called off a scheduled vote on declaring a fiscal emergency. the mercury news reports the mayor was set to ask councilmembers to declare the emergency to justify putting a measure on the march ballot aimed at trimming pension benefits for city workers. the mayor wants to push that election to june after new cost project s were released lowered the retirement bill for police and firefighters after 10% pay cuts and staff reductions. >>> president obama is in kansas now where he's making a major speech on economic fairness. these are live pictures. it is in the same town where president theodore roosevelt gave his famous new nationalism speech in 1910. president obama is expected to draw parallels to that speech in which president roosevelt called for a square deal for all americans. president obama says the u.s. is facing a make or break moment for america's middle class. >> we might be colder than kansas today. feels like we took a big dip. >> left a lot of frost. let's c

near san jose city college, looking for a man accused of shooting two people before midnight. they found the man's car in the neighborhood. the search was called off by 4:00 this morning. >>> an overnight freeze warning issued for parts of the north bay and parts of the east bay. temperatures could dip to mid 20s and that kind of cold can be damaging to plants. keep an eye on pets too, veterinarians say. >> if they're not a house pet, put them in the garage but make sure there's no toxins or poisons, maybe close to the heater of the house. >> in particular, young animals and smaller pets need extra protection. coming up in 20 minutes, chief meteorologist will tell us how long the cold will last. >>> the university of california announced a newly appointed task force to investigate the pepper spray incident. it's to make recommendations for future incidents like this. >>> burger king is claimed to not give back to the community its made for years. burger king sold unhealthy food and offered them free organic food. >>> oakland ran yesterday to plea. it will hurt working people a

san jose. stand for san jose is now suing the city over an environmental review of a proposed ballpark. ding the air quality impact. now the suit filed friday also claims san jose should have held a public vote on a deal to sell land to the a's. last month the san jose city council agreed to sell several acres downtown. that's about half the market value. >>> it is official, madonna will be the halftime headliner at the next super bowl. the nfl made that announcement today. there have been rumors she would be performed since october, the singer will collaborate with cirque de soleil february 5th in indianapolis. >>> it's defense wins championships the 49ers made a statement today. we'll hear from the team as it gets to taste the play offs for the first time in nine years. >>> and there's a little bit of a chill in the air. i'm meteorologist mark tamayo will tell us which places will be the coldest overnight. well, she's efficient. look at that color. wait a minute. didn't she name her kid hawaii? maui! yeah... she built a yacht for her pug. actually, it was a lakehouse. yeah, he's right.

gusts 21 san jose to 44 in fairfield to 36 in napa and 12 to 17 around novato and santa rosa. look at concord, redwood cityountain view and los gatos low to mid 30s. oakland 41. upper 40s around fairfield, antioch and half moon bay. 50s in fremont, san jose, san francisco and all the north bay valleys some temperatures close to what our normal highs should be. head down towards the monterey bay calmer and cooler 32 salinas, 28 gilroy mid to upper 30s watsonville and santa cruz to 45 money afternoon mid to upper 50s east bay valleys fairfield and clear lake low to mid 60s for the rest of us it will be breezy for the better part of the day. around the monterey bay upper 50s to low 60s same as you head inland to salinas at about 63°. around the state today fastest winds down in the south southern california l.a. 63, palm sprpblgss 62, 65 san diego. -- mid to upper 50s through the central valleys not because of the tule fog the cold front bringing the winds comber air behind it. 34 tahoe, 45 yosemite. tonight with the driest air of the season you will notice it is bone dry this morning many areas it will drop

. >>> san jose city council will discuss pension reform today. the mayor has called off a scheduled vote on declaring a fiscal emergency. the mercury news reports the mayor was set to ask councilmembers to declare the emergency to justify putting a measure on the march ballot aimed at trimming pension benefits for city workers. the mayor wants to push that election to june after new cost project s were released lowered the retirement bill for police and firefighters after 10% pay cuts and staff reductions. >>> president obama is in kansas now where he's making a major speech on economic fairness. these are live pictures. it is in the same town where president theodore roosevelt gave his famous new nationalism speech in 1910. president obama is expected to draw parallels to that speech in which president roosevelt called for a square deal for all americans. president obama says the u.s. is facing a make or break moment for america's middle class. >> we might be colder than kansas today. feels like we took a big dip. >> left a lot of frost. let's c

. >>> tents are back up outside san jose city hall. but there is one big thing missing from this occupy protest. the protesters themselves. kcbs radio matt big ler explains the symbolic new strategy. >> it looks like occupy san jose is back, but only on a part-time basis. here is what they're doing. they're setting up their tents during the day, and not sleeping in them. they're promising to not camp in the tents, and also take the tents down at night. occupy san jose says they want the tents there as a symbol of their anti-wall street demonstration. is the city okay with this? not so much. the city manager's office tells the mercury news that they plan to enforce the city's no camping rule, because in their eyes, tents equal camping, and that's simply not allowed. occupiers vow that they are not camping out, and we heard from gil viagrand earlier and he told the city council that their attention is not a camp- out. >> if we were camping, we would have campfires and smors and sing-alongs. we are not camping. we are occupying a corner of

. >>> the san jose city council will discuss today whether to put a pension reform measure on the ballot for next june. the council decided against declaring a fiscal emergency due to better projections of the deficit but mayor reed is pushing for a pension reform ballot measure. retirement benefits could top $420 million by 2015, one-third of the city's general fund. >>> just in time for the holidays, the california labor commissioner will be donating confiscated clothing to those in need. the clothes were taken from state enforcement raids on illegal garment shops. included in the giveaway are sweaters, coats, pajamas and dresses. >>> according to a new traffic report, the morning commute for san franciscans is getting slower. over the past two years, the average speed for the city's streets and highways has decreased especially during the morning commute. highway drivers are now clocking in about 8 miles slower than 2009. the report says that cars are still traveling much faster than the muni buses are. >>> just in time for the holidays as well, a pill approved by the fda that promise

the san jose city council voted 6-5 to put a controversial pension reform measure on the june ballot. earlier, the council put off declaring a fiscal emergency due to better budget projections. the city will spend about a third of it general fund on retirement benefits. proposed reforms include increasing contributions for current employees and limit ling benefits for new ones. >>> piedmont will get a new used sports complex. in a marathon meeting, the city council approved a plan to build a privately financed soccer field. opponents try to concern act traffic noise and environmental impact. they also question whether organizers would be able to raise the funds for this project. in santa cruz, the spca is looking for a dog that may have been thrown from a car. frosty is missing from spca. witnesses reported seeing him being thrown from a vehicle. they said he is bleeding from the mouth and officials say that he may be afraid to approach people. >>> a 24 hour fast food restaurant has been a hot spot for violence and noise. last month, a late night brawl landed an offduty firefighter fi

. >> headlines around the bay area now, the san jose city council voted 6-5 to put a pension reform measure on the june ballot. earlier the council put off declaring a fiscal emergency due to better budget projections. but the city will still spend about 1/3 of its general fund on retirement benefits by 2015. proposed reforms include increasing contributions for current employees and limiting benefits for new ones. piedmont will get a new used sports complex. in a marathon meeting that lasted early into this morning, the city council approved a controversial plan to build a privately financed soccer field on the city owned blair park. opponents sited concerns about traffic, noise, and environmental impact. they also question whether organizers would be able to raise the funds for this project. >>> and in santa cruz, the spca is looking for a dog that may have been thrown from a car. frosty is a one-year-old poodle terrier mix. he is missing from the spca. witnesses reported seeing him being thrown from a vehicle. they said he was bleeding from the mouth and officials say he may be afraid to

san jose. no one from the a's camp would comment on the report. san jose city councilman said there is reason to expect the move will be discussed next month. >> we have certainly heard indications that this would be a topic of conversation for the winter meetings and mid january. so we like to believe this would all get resolved within the next few weeks. >> represents the downtown district. that's where the new ballpark would be built. major league baseball commissioned a study in 2009 to research stadium options. none of the findings have been released. >> there are stories we bring you on christmas eve. this year, no exception. thousands of hungry san franciscoens had a prime rib lunch served by memorial church. the house of prime rib donated 2,000 pounds for the luncheon. serve a turkey dinner for christmas tomorrow. it has served the san francisco community for more than 45 years. >>> some big bucks were dropped into a couple salvation army buckets. someone dumped a truck. three days earlier, the bell ringer at a redwood city safeway received a $5,000 don

san jose. no one on the a's camp would comment on this report. but san jose city city councilman sam rikcardo says there is reason to expect the move will be discussed next month. >> we heard indications that there would be a topic of conversation for the winter meetings in mid january. so we would like to believe this would all get resolved within the next few weeks. >> he represents the downtown district. where the new ballpark would be built. and major league baseball commissioned a study in 2009 to research stadium options for the a's. so far none of the findings have been released. san jose mayor chuck reed says as long as the commissioner is optimistic, he is also optimistic. >>> the holidays can be difficult for families who have loved ones behind bars. not only are they separated, but often the families outside can't afford to get gifts for their kids. and anne makovec shows us a program that provides family celebrations complete with presents. >> who are you guys coming to visit today? >> daddy. >> reporter: but their dad is one of many locked up in the s

. >>> in a news conference at san jose city hall plaza the unions representing police officers and firefighterspresented a proposal they, they say, will -- that they say, will roll back the pensions to 1996. they are hoping to head off a reform that church reed proposed. the at the next meeting they are expected to decide to declare a fiscal emergency and put his measure on the ballot. >>> back on the economy watch now, new numbers that show amazon is taking a bite out of apple's share when it comes for the battle of tablets. amazon will ship four million kindle fire in the 4th quarter. it gives the company 13.8% of the global tablet business. apple controls 66.6% of the market. it is down from almost 70% in the third quarter. san francisco based online game maker, zinga. they plan to sell shares between $8.50 and $10 a piece. that puts them at $7 billion. the stock should go on sale on stkpw-pl 16th. groupon and pandora are trading at or below their price. airfare is going up as the travel season gets into full swing. it will raise fares by $10 per ticket. this is the latest in a series of far

. >>> today the san jose city council will discuss whether to put a pension reform measure on the ballot. this would be for next june. the council shelved a plan to declare a fiscal emergency because new projections on the city's budget deficit are not as bad as expected but mayor reed still pushing for a ballot measure on pension reform saying retirement costs have jumped dramatically. >>> bring your own bag or pay up. that could soon the rule in san francisco if the board votes to expand a plastic bag ban today. it was the first to introduce the flaw 2007. but the ban -- the law in 2007. but the ban only applies to big grocers. the new ban would apply to all retailers. businesses would be able to charge shoppers 10 cents for reusable bags. >>> a new team of city safety workers hit one of san francisco's most problem plagued streets. 11 community ambassadors now patrolling midmarket from powell street bart state to van ness the latest attempt to revitalize the area and attractin big business. they will answer questions but they only call police with serious trouble. last year they went

. >>> san jose city council agrees to place a controversial pension reform measure on the june ballot. reforms include increasing contributions for current employees and limiting benefits for new ones. >>> coming up, a hotspot for jobs. which part of the bay area has seen the biggest increase in hiring? >>> are you feeling lucky tonight? >> yeah, i'm lucky i'm alive. >> a "mythbusters" mishap. what happened when a cannonball blew through a neighborhood while reality tv cameras were rolling. >>> thousands remember the 70th anniversary of pearl harbor. i'm sandra hughes in honolulu and i'll have that story coming up. >>> hi, i'm meteorologist lawrence karnow in the cbs 5 weather center. hazy sunshine around the bay area right now. but boy, we have seen some cold nights. will we see rain in the not too distant future? we'll talk about that coming up. >>> closed captioning of eyewitness news is brought to you by shreve & co. jewelers, a san francisco original. ,, ,,,,,,,,,,,,,, south bay: the region leads the nation in job growth. >>> some very positive news out of the south bay today. th

. >>> san jose city leaders respond to one group's criticism of a new law. starting on sunday, police will not be responding to business alarms unless someone on scene actually confirms a break-in. city leaders say 98% of all the alarms are actually false. with fewer cops on the beat and a growing population, this will ensure police focus on high priority calls. the california alarm association is asking mayor chuck reed to put the law on hold and look at other options, delay the start of this law. >> with this environment of really constrained resources, we have to really deliver the best service we can. >> in a tough predicament. i'm going to have to be careful when i do leave town. >> city council member pete constance says the law will take effect on sunday. it costs the city $60,000 every year for responding to false alarms. police, as they were saying, have to focus on high priority calls. >>> it's 4:36 right now. more than 400 people tattled on their neighbors for lighting wood fires in their home. poor air quality triggered spare-the-air days on chri

the biggest cities are likely to feel more of the impact. >>> san jose is bay area's biggest city and says its redevelopment agency has been the driving force in revitalizing downtown. the tech museum and arena have been built through regency funding. >> a lot of families are not going to have affordable housing here. which means companies will not be able to lure workers here. >> projects like the proposed baseball stadium won't be effected by the decision. that is because their finance through special taxes or private partnership deal. >>> a warrant has been issued by a woman who says hit a man by her car. 27-year-old erika rojo drove on to the sidewalk on wednesday while she was tries to get away from fremont police. she has two felony warrants for auto theft and transporting drugs. her car hit 50-year-old carl duke. he was thrown 50 feet by that impact but is expected to survive his injuries. >>> a union city bakery was evacuated after a hazardous material scare. a cleaning crew struck a freon line and ruptured it around 7:30 last night. the leak was contained to the site. ten wor

. >>> san jose city council agreed to put a reform pension before the voters next june after hours of testimony by city workers. the measure is designed to cut balloons costs for public employee retirement plans. it would put new workers in a lower cost plan, and give current employees the option of playing a larger share of their plan or pay less and receive lower benefits. >> now to our continuing coverage of bay area occupy protests. taking part in the national day of action in an attempt to focus attention on foreclosures. this afternoon activists from the group just cause occupied a vacant home in west oakland financed by fannie mae. it is slated for foreclosure. they have to plans to leave. earlier dozens of demonstrators converged on the steps of the almeda county courthouse as homes were being auctioned off. >> the bank is going to foreclose, and with no consideration for us. >> and sale our homes for less than what we bought it for. >> some tried to disruption the auction by shouting down participants. home buyers said they were frustrated by the personal attacks yelled at th

san jose. stand for san jose is now suing the city over an environmental review of a proposed ballpark. g the air quality impact. now the suit filed friday also claims san jose should have held a public vote on a deal to sell land to the a's. last month the san jose city council agreed to sell several acres downtown. that's about half the market value. >>> it is official, madonna will be the halftime headliner at the next super bowl. the nfl made that announcement today. there have been rumors she would be performed since october, the singer will collaborate with cirque de soleil february 5th in indianapolis. >>> it's defense wins championships the 49ers made a statement today. we'll hear from the team as it gets to taste the play offs for the first time in nine years. >>> and there's a >>> we have been locked in a dry weather pattern for a week and really no big changes setting up over the next few days, what is happening right now is temperatures have been dropping quite a bit under mostly clear skies. take a look at the maps right now. you can see on storm trackerii a few clouds over

. >>> right now, the san jose city council is discussing whether to put a controversial pension reform measure on the june ballot. earlier afternoon counselors put off declaring a fiscal emergency due to better budget projections. still the city is on pace to spend about a third of its general fund on retirement benefits by 2015. proposed reforms include increasing contributions for current employees and limiting benefits for new ones. >>> a suspected marijuana growing operation in san jose could be up in smoke. fire crews are battling a blaze at what's believed to be a grow house on tunis avenue. it broke out just after 3:00 this afternoon but so far, there is no word on how it started. crews reported thick smoke coming from the garage. they say they also found marijuana plants being cultivated there. >>> the america's cup is going to bring lots of money into san francisco. that's the good news. the bad news, some 75 businesses are going to have to give up their prime waterfront locations. joe vazquez explains what the city is doing to find new homes for displaced tenants. >> congrats

. >>> around the bay area on this wednesday, san jose city council voted 6-5 to put a controversial pension reform measure on the june ballot. earlier the council put off declaring a fiscal emergency due to better budget projections but the city will still spend about a third of its general fund on retirement benefits for 2015. proposed reforms include increasing contributions for current employees and limiting benefits for some of the new ones. >>> parking issues for the planned 49ers stadium in santa clara have been resolved. the owners of great america theme park next door to the stadium site reported new agreement with the 49ers now. the park owners are dropping a suit against the stadium. meanwhile the "chronicle" reports san francisco mayor ed lee will meet with 49ers president jed york tomorrow in an effort to keep the team in the city. >>> the richmond city council is considering a tax on soda. a penny per ounce soda tax would help fight childhood obesity. some are hoping to put a measure up for vote next november. the tax would apply to all sweetened beverages sold in richmond. >>>

was reached between the san jose police unit and the city. a 10% wage cut will remain until it's changed either by a negotiated agreement, or an arbitrator. the president of the san jose police officers association says if the agreement is approved, it's expected to prevent officer layoffs next year. the deal must still be approved by officers and the city council. >>> a spare the air alert is in effect right now. another has been called for tomorrow. air quality officials say wood burning is not allowed in the bay area, because soot is trapped near the ground, due to the cold weather. people with asthma are urged to limit outdoor activity tonight in the north bay. conditions are expected to get even worse tomorrow with that warning extending to most of the bay area. >>> it's going to be cold again tonight. temperatures at freezing, or below freezing in many inland locations. i will show you the coldest spots. >>> a troubling trend in berkely. where officials say they're receiving monthly reports of suspected prostitution. >>> at first, the cr

. >>> the occupy movement returned today to san jose city hall. the south bay occupy protesters set up tents outside city hall, the protesters say they do not plan to camp at the site and that the tents are merely symbols of free speech. today they focused their efforts on the case of the 89- year-old father of one protesters. >> his father is on hospice from cancer and he's facing foreclosure right now. kind of the sign of the times of the injustice in the morning business. >> reporter: san jose police broke up the occupy encampment after city leaders refused to grant the protesters a camping permit. >>> hold off on firing after a fireplace. the potential problems it could cause. >>> a morning fire in oakland claims the life of one man, what investigators are looking at as a cause. >>> what house republicans are threatening to do before they approve the payroll tax extension. >>> air quality officials have declared yet another spare the air day alert for the bay area tomorrow. it'll be the sixth winter spare the air day this season. the alert mea

. >>> san jose city councilman has proposed the city replace retiring library workers with volunteers. san jose has already cut library budgets they are only open four days a week the budget is still tight. the councilman wants to freeze any vacant positions when staff members retire and rely on volunteers. he says 95% of library patrons already use self-check outs. >>> authorities in contra costa county say they've arrested a serial arsonist. he is believed to be responsible for more than 50 dumpster fires set over the past two years at shopping centers in pittsburg and antioch. he was caught after investigators set up sophisticated surveillance system no one was hurt in the fires. together those fires caused tens of thousands of dollars in damage. >>> christmas is coming a few days early for hundreds of children in san leandro. this morning at 9:00, 280 children will receive bikes, thanks to bikes for tykes a collaboration between the san leandro police officers association and the davis street family resource center. the children are enrolled in the center's food distribution progr

san jose city leaders strutted their staff at the mall today. they want to remind the public about the impact plastic bags have on our environment. >> when plastic bags enter the environment they smother the wetland vegetation and endamage wildlife and they create blight in our recreational areas and those are important to the local economy as are wetlands. they create a problem environmental as well as economic. >> starting january 1st the city of san jose will no longer offer plastic bags in all retail businesses, and you must bring your own bag if you don't want to be charged at least 10 cents for a recycled paper bag. >>> still aahead at 6:00, beating the odds. she's among one of the smallest babies born. why today proved to be a milestone in her little life. >>> also coming up, on the run. a manhunt continues tonight in southern california for a rape suspect from the bay area. >>> for the first time debris from that japanese tsunami is washing up on the west coast. >>> the longest military mission since vietnam is ending, and 4,000 u.s. tro

take a look at some video taken this morning outside san jose city hall. it's been pretty much cleared -- cleared out. but it was a lost different story as protesters came back and set up sents. it took them -- they took them down last last night to avoid a confrontation -- down last night to avoid a confrontation to the police. one elderly couple of didn't know they signed for a variable loan an they are in jeopardize of losing their hoe. >>> all eyes are on -- are on north korea. the action that nob made overnight. >>> the payroll tax cut extension, once again not a sure thing. why the long, debated bill is back in limbo. >>> good morning. well, we're starting to get some clearing. some low clouds still around. but a north wind is starting to take care of this this. >>> there are new concerns follow the death of kim jong-il that north korea has conducted a short-range missile test. carol han has more on how the white house is reacting to this. >> reporter: er to you are, the white house is pledging solidarity with south korea after reports that north kor

san jose will join a growing number of cities who ban the bags. san francisco was the first back in 2007. followed by sunny vale, palo alto, fairfax, santa clara and marin county have bans as well. >>> the holidays can be fun for everyone but they can also be dangerous for your pets. debra villalon has why your pets and chocolate don't mix. >> reporter: we're at a veterinary clinic as usual busy this time of year because of pets who get into what they shouldn't. the proof was on pucker's bed. bits of paper. he sniffed out two dark chocolate bars wrapped under the tree and devoured them while home alone. >> it could have been deadly. >> reporter: and could have killed a smaller dog. >> the caffeine had gotten into his system and was dragging -- literally dragging me around the block. and we thought this is very serious. we needed to do something. >> reporter: today at the same hospital that treated tucker, we found another dog that ate a pack of sugar free gum. this cat ate prescription medicines. >> good boy, good man. >> reporter: tucker has made

city by the bay. that is san francisco on an early wednesday. it's 6:13. >>> san josey leaders respond to one group's criticism of a new law. beginning sunday police will no longer respond to business alarms unless someone on scene confirms a break-in. city leaders say 98% of the alarms are false and with fewer cops on the beat, this will ensure they focus on high priority calls. >>> the california alarm association is asking mayor chuck reed to put the law on hold and explore other options. >> there's tremendous risk here, especially when you're advertising to the public in the normal circumstances the police are not going to respond. that just doesn't make any sense. >>> city council member pete constance say it is law will take effect sunday as planned he says it costs the city $600,000 a year to respond to false alarms and police need to focus on the high-priority calls. >>> police in gilroy looking for a man accused of robbing a walmart start. we have a look at the surveillance video. that is the image of the man taken prior to the robbery on the night of december

san jose will join a growing number of cities who ban the bags. an francisco was the first back in 2007. followed by sunny vale, palo alto, fairfax, santa clara and marin county have bans as well. >>> the holidays can be fun for everyone but they can also be dangerous for your pets. debra villalon has why your pets and chocolate don't mix. >> reporter: we're at a veterinary clinic as usual busy this time of year because of pets who get into what they shouldn't. the proof was on pucker's bed. bits of paper. he sniffed out two dark chocolate bars wrapped under the tree and devoured them while home alone. >> it could have been deadly. >> reporter: and could have killed a smaller dog. >> the caffeine had gotten into his system and was dragging -- literally dragging me around the block. and we thought this is very serious. we needed to do something. >> reporter: today at the same hospital that treated tucker, we found another dog that ate a pack of sugar free gum. this cat ate prescription medicines. >> good boy, good man. >> reporter: tucker has made a

cities than we were yesterday. we were even mild then. take it through your futurecast, by 7:00 a.m., late fog settling in through san jose and through san francisco. and then that front slides south. we'll see mostly cloudy conditions by 4:00 p.m. today, holding on to the 60s in most cities. i'll take you through that rain forecast because we do have rain on the way, even as far south as san jose and maybe, just maybe a little of the sierra snoefl. that's coming up. 5:09. we want to check your drive with mike inouye. >>> we'll look over here to the carcinas and benicia bridges. this morning things are a little different, a little clearer. those clouds are difting around. we'll keep our eyes on things. nothing to report as far as problems for highway 4 either. a light volume of traffic out of antioch and concord, 680 and 242. a live look past the coliseum shows the volume of traffic on the nimitz. no major traffic either as well as the b.a.r.t. station nearby. no delays reported for this set of rails. caltrain, no delays. no problems for mass transit. we'll send it back to you with happy news. >> very nice, mike, thank you very much. >>>

san jose. this is coming from city council member pierluigi oliverio. we talked to him this morning. said this would save the city money and hopefully extend the library hours. right now, san jose's libraries are only open 4 days a week due to budget cuts with the exception being the branch library right here. we talked to oliverio this morning and he said that the nation's firefighters, 71% of the nation's firefighters, operate on a volunteer basis. and he wants to apply that same system to libraries where people are more than eager to help out. >> i hear again and again from residents who enjoy their libraries and ask for the opportunity to volunteer. union rules get in the way of that. so i would like us to have that discussion. >> reporter: all is this will come up for a discussion next month january 4 at a city committee. now, as you can understand, unions want to protect jobs. they also say there's more to being a librarian than simply knowing the dewey decimal system and putting books on a shelf. we know some city council members opposed to the idea of replacing librarians wit

. >>> earlier this week we told you about a san jose city council decision to place a pension reform sure. san jose must control costs. our story indicated that unions had provided input on drafting the measure. but in fact, unions refused the pension. current employees will be given an option to keep the current retirement plan and keep a larger share of the cut. again unions oppose this measure they say they've already made concessions. >>> while he is accuseed in a black friday scuffle. >>> it'll be a lot colder on friday morning. some fog, some frost as well. >>> fire dangers a wine country home. the suspicious explosion that sparked it. ♪ [ female announcer ] during the holidays, there's a lot to get done. and safeway select appetizers help you rise to every occasion. ♪ from delectable to amazing. there are over 20 affordable safeway select appetizers ♪ to make all of your gatherings just as merry as can be. ♪ only at safeway. ingredients for life. >>> fire investigators in sonoma county are looking for a cause of the fire that did considerable damage to a home on dry creek road

. >>> earlier this week we told you about a san jose city council decision to place a pension reform san jose must control costs. our story indicated that unions had provided input on drafting the measure. but in fact, unions refused the pension. current employees will be given an option to keep the current retirement plan and keep a larger share of the cut. again unions oppose this measure they say they've already made concessions. >>> while he is accuseed in a black friday scuffle. >>> it'll be a lot >>> fire investigators in sonoma county are looking for a cause of the fire that did considerable damage to a home on dry creek road in heelsburg. the fire started about 1:30 this afternoon we're told the home had just been finished and was unoccupied. sonoma county firefighters say a suspicious explosion in the kitchen may have caused the fire there. there were no reports of injuries. >>> a suspected gunman in that black friday shooting outside a san leandro wal-mart is now behind bars. our cameras were outside on 106th avenue when 21-year-old watson surrendered after a six hour stand

this is near san jose city college. authorities thought a shooting suspect had barricaded himself inside of a home. his abandoned suv was out front, but after questioning everyone inside that house, it was determined he was not there. the wanted man is believed to be connected to an overnight shooting. police say a 26-year-old man shot two people in a restaurant parking lot on story road. >> after hearing, that it may not feel like crime is down, but the numbers show that california's homicide rate, at least, last year was the lowest in more than four decades. the new report by the california department of justice says 2010 was also the fifth year in a row that killings in the state declined. it's a 7.8% drop from 2009. gangs and drugs though are still the top contributing factor in 39.5% of all homicides. in monterey and merced counties, they have the highest homicide rate. >> some much-needed good news for the oakland police department today. 25 new officers will soon be on the streets. for the first time in more than

san jose city council will tackle the heated topic of pension reform. >>> a new analysis finds a third of san jose's retired cops and firefighters collect thousands a year, and more workers retiring earlier. tomorrow the council will come up with a measure for the june ballot to come up with the pension costs. >> no doubt over the past 10 years we've seen an increase in benefit and an increase in salaries. the two combined to create larger and larger benefits for our employees. >> leaders say it's a pressing issue because of san jose's budget deficit, but leaders say they'll be shut out of discussions, and are warning about potential lawsuits. >>> this morning governor brown will unveil details of his plan to raise taxes to bridge next year's deficit. voters will have a chance to weigh in on a temporary half- cent increase. also an income tax hike on high income earners, people making more than $250,000 a peer. >>> in addition balancing the budget, much of the money dedicated to schools. >>> snail mail is about to get slower. the postal service plans to eliminate next day delivery from

. >> the san jose city council is deciding now whether to put a pension reform measure on june's ballot. several hundred city workers opposed to this plan rallied today. the city has been negotiating with is its 11 employee unions for six months with no agreement. and the mayor wants to take the issue to voters but unions claim that that is unlawful. >> we have to give control over this cost because we're training -- draining money from service autos it looks to challenge laws as they exist today, probably meaning years of litigation before anything gets settled. >> this afternoon, the city council voted not to declare a fiscal emergency that would have given special powers to the city to make changes to the contract. >> contra costa county workers got a reprieve today from supervisors. with pay p benefit cuts, workers say it could break many of them financially. and laura anthony is live with the story. >> supervisors could have imposed this contract on 4700 workers but after hearing three hours of emotional testimony, they decided to put up their decision until next week. >> i'm livin

. >>> san jose city council will not vote next week after all on whether to declare a fiscal emergencyhere. the reason, new projections for the cost of employee pensions. the revised numbers could cut the city's $80 million deficit by more than half next year. mayor chuck reed told the "mercury news" this could prevent the closure of libraries and community centers. he says he still wants to put a pension reform measure though on the ballot but likely in june rather than march. >>> 5:13 now. big decision ahead for herman cain. >> what he admits not telling his wife. >> a popular electric car battery catches fire in a test. what general motors is offering to ease safety concerns for the chevy volt. >>> winds beginning to calm down here in the bay area and high country. here's the snow report. we'll have more on your weather coming up. ,,,,,,,,,, 3q spots again. detergent alone doesn't fully dry your dishes. it leaves spots and residue behind. add finish jet-dry and they dry two times better. and they're shiny. that is shiny. tension on display between occupy s-f campers and police. they

officers arrested 70 people including protestors who blocked off parts of market street. >>> san jose citye ballot. the city will end up spending a third of its general fund on just retirement benefits for 2015. reforms including increasing contributions for current employees and limiting benefits for new ones. >>> in san francisco a $263 million budget deficit is being viewed as good news. that's the latest projection from mayor ed lee's office for the next fiscal year. the deficit was originally estimated at $350 million. there was an unexpected increase in revenue from property taxes and sales taxes, but they still got a long way to go. >>> we'll have an update on your traffic and weather coming right up. ,,,,,,,, ,, >>> good morning. over to 680, where we're dealing with some delays in danville northbound 680 right at diablo road. an accident cleared over to the right shoulder but traffic is stop and go in both directions. golden gate bridge not bad. looking good into san francisco. no delays there. look at this. the bay bridge looks nice this morning. things have cleared up quite nice