testimony can't be used in court. good morning, i'm sydnie kohara. it is tuesday, the 21st of december. >> good morning to you, i'm juliette goodrich. time now is 5:00. the rain is light for now. let's check in to find out if we are going to have more rain later on. >> right now things are relatively light. scattered showers out there. mainly in the north bay again this morning. so that's where we're going to move in and focus on. light rainfall moving into the san rafael and mill valley areas through novato, petaluma, sonoma, napa. forecast for the morning, scattered showers are expected, cloudy conditions, temperatures in the lower to the mid- to the upper 50s. just near -- 40s. i do that every morning. a 40% chance of rainfall, the chance of rainfall increasing throughout the day as a potent storm moves towards the bay area that could dump heavy rainfall on us again. we'll have more in just a few

moments. for your traffic, here's liz. >> thank you. that's scattered showers not causing any big problems on the roads yet. overall traffic a little lighter than we typically see for 5 a.m. it's always light this time of the morning but exceptionally light today. at the bay bridge toll plaza there is a high wind advisory issued early this morning by the chp. so watch out for gusty winds especially on the upper deck. but right now no problems heading into san francisco. we have been calling about airport delays. so far none. sfo is on time as well as over by oakland airport if you have a flight to catch there. traffic on 880 the nimitz freeway moving fine in both direction between hayward and downtown oakland. that's a live look near the coliseum. mass transit is on time. a young man is dead after police opened fire following a high-speed chase.

sharon chin is in oakland where a third suspect is still on the run. good morning. >> reporter: good morning. police are still looking for a fourth suspect considered armed and dangerous. it's all ended when oakland officer shot and killed a man after he and three others led police on a chase. police say it all started yesterday afternoon when they saw suspects in a shooting last week in a red car with guns inside on 35th avenue. officers tried to make a traffic stop but the driver sped off and led police on a three-mile chase through east oakland. the car crashed into a house on the 3300 block of 13th avenue. police say the four men ran in different directions. officers say they shot one man, who died at the scene. police say a gun was found near him and an assault weapon in the car. officers detained two others and are searching for a fourth man. octavia edwards says the 19- year-old who was shot was her son, who had had run-ins with police before.

>> he was a young man like we all say, he had his troubles, don't get me wrong. everybody makes mistakes everybody does. >> reporter: this is the sixth officer-involved shooting this year, four fatal. the officers are on paid leave, standard procedure in this type of situation. >> thank you, sharon chin. a key decision in the richmond high school gang-rape case. the assault happens on campus in october 2009. the judge will decide which of seven defendants will go on trial and on what charges. there are questions though about whether there is sufficient evidence against two of them. the 20-year-old man who was the alleged ringleader will likely face trial. aredskinment today for the man accused of killing a well- known community leader in san mateo. officers arrested 58-year-old gregory alarms sunday morning at the san mateo police station. police say that he was actually

helping in the murder investigation before he was arrested. alarms is accused of shooting david lewis outside the hillsdale mall in june. the two had known each other since they were teenagers. a san jose woman is hospitalized after two dogs attacked her outside her home around 6:30 last night on white sand drive in the city's evergreen area. a neighbor threw rocks at the dogs and they eventually ran o the woman's injuries are major but not life-threatening. it's not clear where the dogs went or who owns them. they are described as dark gray pit bulls with light gray spots and clipped ears. san jose is among cities around the nation found to have a cancer-causing chemical in its water. hexavalent chromium is found in 31 out of 35 cities tested and san jose ranks the fifth worst with levels well above those considered safe. the industrial chemical has

been found to cause cancer in laboratory animals. it got public attention in the film "erin brockovich." the securities and exchange commission is looking into the recent that led to mark hurd resigning as hewlett-packard's ceo. hurd left the company under pressure five months ago after former hp contractor jody fisher accused him of sexual harassment. there are reports that she also alleged that hurd told her in advance about 2008 acquisition of a company. fisher and hurd reached a private settlement in august. toyota will pay $32 million to the government in fines over two recalls. it will settle investigations into how the automaker dealt with recalls concerning sticking gas pedals and steering relay rods that could break. toyota's board of directors approved the settlement. the latest fine is on top of $16 million that toyota paid

earlier this year. time now 5:05. this morning, 9/11 first responders will rally in washington urge washington urging congress to provide money for their healthcare. a previous version passed the house but failed to get a vote in the senate. then lawmakers trimmed the price tag and trimmed how to pay for it. now supporters think they have the votes although some senate republicans may attempt a filibuster. >> it's a lot of money and so my early response is that i'm skeptical about that bill. >> the revised bill would cost $6.2 b about 14,000 workers are living with illnesses they contracted after inhaling the dust at the world center sea. the revised bill would cost $6.2 billion. lawsuits continue against the "don't ask, don't tell" policy even though it will be repealed. the legal defense network says it will keep pressing for the reinstatement of three gay officers and the log cabin republicans will pursue another

case until the pentagon certifies repeal and stops investigating servicemembers. president obama plans to sign the repeal law tomorrow. 5:07. battle over the as' future ballpark heating up. the move oakland could make tonight. >> i'm sure that there are going to be individuals who will want to see this go to court. >> san francisco police extra care wonderful a new sidewalk crackdown. what they are doing to make sure your rights are protected. 16 minutes could save you 16%! come on... isn't it time an auto insurer gave it to you straight? that's why you should talk to state farm. but not yet. first, talk to any one of the 40 million drivers who already have state farm. 40 million. yeah, that's more than geico and progressive combined. by a lot. 40 million drivers. more savings. and discounts up to 40%. where else you gonna get discounts like that?

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♪ i'm go♪ i can't wait now i'm gonna get it. ♪ ♪ every little step, brings me closer to the gift. can't be late. ♪ ♪ rip it open in a second and it's time to play. ♪ ♪ i was up all night in anticipation feeling electric jewels of jubilation. ♪ ♪ yule tide carols from the local congregation. ♪ ♪ make it tough to hold my patience in check. ♪ ♪ is it time yet, is it time, i can't wait. ♪ ♪ is it time yet, is it time, i can't wait. ♪ scattered showers this morning, fairly light in nature mostly in the north bay, mill valley, san jose, novato, sonoma and napa looking at scattered showers.

that will be the drill for the morning. heavy rainfall is also on the way. i'll let you know what time it will be arriving coming up. all right. tracy, thanks very much. 5:10. nearly a half million californians expected to catch a flight for the holidays. air travelers could face delays though with the heavy crowds combined with the forecast of stormy weather. the latest rains causing delays of up to two hours at sfo. there have been some shorter delays at oakland and mineta san jose international. we just called all the bay area airports and they are not anticipating delays. but if you're traveling you need to get to the airport at least 90 minutes before for any domestic flights and two hours early for international flights. san francisco police will start training today in the city's newest sit lie law. from captains down patrol officers, they will learn the right way to move along

homeless people blocking sidewalks. officers will attend an hour long class twice a day. they will also be running a public relations drive hoping to ease concerns about the law. >> one of the key factors of the law that must be clear to everyone is officers are not going to go out there and just start arresting people. the law requires a warning be given before any enforcement. >> that sit/lie law went into effect on saturday but the san francisco police department doesn't expect to start enforcing it until nex february. san mateo county supervises will consider making a plea to neighboring san francisco. some want gavin newsom to veto a so-called local hire ordinance for construction projects funded by san francisco. it would establish quotas for the number of san francisco residents hired for those projects. now, critics of that ordinance say it would hurt job opportunities for workers who live in san mateo county. the oakland city council

tonight will consider funding an environmental impact report for a proposed new ballpark for the as. oakland backers want the new stadium near jack london square but organizers there are up against the clock because san jose is further along in its ballpark plan and that's where as owner lew wolff wants to move the team. a major league baseball committee has been slow in deciding which city would be best for a new ballpark. 5:12. if you didn't stay up late to star gaze, we have a close-up look for you at last night's total lunar eclipse. >> plus, it's the smokiest place to live in california the one bay area county that's bucking the trend when it comes to cigarettes. and it is holiday light right now in both directions across the san mateo bridge. some windy conditions out there. you will notice our camera jerking around a bit. one high wind advisory to tell you about plus we are checking the drive toward area airports. that's all coming up right after the break. ,,,,,,,,,,,,,,

(greenery) hey cheese log. (cheese log) hello centerpiece. (greenery) fruit cake. how are ya? [fruit cake] dry. (greenery) who's the new guy?

edible arrangements bouquets, beautiful like flowers, but unforgettably delicious, visit, call, or go to ediblearrangements.com the final lunar eclipse of the year... it lasted about three ho g around 1:30 t stargazers across the country spotted the final lunar eclipse of the year. it lasted 3 hours started at 1:30 this morning. the earth passed between the sun and the moon. the earth blocked the sun's rays and cast it shadow on the

moon. this is the first time since 1638 that the eclipse took place on the same day as the winter solstice. one of our viewers in cupertino sent us this shot of the moon. he says he took this picture right from his backyard. i'm glad he had clear skies because i looked, couldn't see anything. >> that's right, syd. today the day of the winter solstice. winter officially arrives at 3:38 this afternoon. here's a look at our hi-def doppler. east south bay nothing much going on but we have something going on in the north bay scattered showers moving into san rafael and santa rosa. that's the drill for the morning, the entire bay area cloudy start, temperatures in the 40s.

this afternoon, the 50s as highs. cloudy and chance of showers in the afternoon. one departing system, yesterday's rainfall moving east. another one coming in to take its place. this low pressure system is going to be moving closer to the bay area and the closer it gets the more likely we'll have some heavy rainfall and right now, we are expecting that to come in for tonight. so we'll time it out for you with our model data. around noon today, still expecting just a chance of showers. as we move forward in time to one, to two, to 3:00 in the afternoon, take a look at what happens, a line of heavy rainfall moving by the bay area by 8 p.m. and we are expecting periods of heavy rainfall tonight from 9 to 10 to 11 to even midnight in the over into the hours as that low pressure system moves through the bay area. that's plenty of rainfall for us. still plenty of snow showers for the sierra. snow showers for tuesday, winter storm watch in effect through wednesday afternoon,

cloudy thursday. for us thursday, we'll have a mix of sun and clouds as well as friday. saturday christmas day more rainfall expected and leftover showers still in the forecast sunday and also for monday. if you are traveling, you are getting out of dodge because you have family and friends a couple of days off, here's what you can expect from airports out of the bay area. no delays here at sfo, los angeles looking at some rainfall. temperatures in the upper 50s, fog in chicago with highs in the upper 30s. dallas 79 degrees. got to love texas! atlanta 49. new york city 34 with plenty of sunshine. that's a look at your weather. for your traffic, here's liz. >> thanks, tracy. >> inmap envy. that's a really cool graphic you just showed. mine aren't that cool. >> compliments of billy. >> reporter: heading up to the sierra here's a live look at 80 at colfax. chains required on 50 and 88. no requirements on 80 for now.

but just a heads up there is a traffic alert in the area westbound 80 right around colfax actually. there was a rockslide over the weekend. the right lane still remains blocked. traffic so light right now though it is not causing any delays. all your approaches to the bay bridge look great. we saw on our san mateo bridge camera kind of swaying back and forth a bit, take easy towards the airport. this is our graphic for the airport. right now no delays on 101 or 280 or 380 in the area. all flights are on time at all airports. highway 4 we saw a little slowing yesterday. holiday light so far this week. same thing for the drive out of the altamont pass. still steady around 13 minutes

all the way out towards 680 in the dublin interchange. we'll take you back outside obviously a little bit of slick surfaces still remain out there. live look at the golden gate bridge. they did the lane change so everything is fine right now into san francisco and bart a lot of people may be taking bart to airports or just to get to work. bart is running on time right now in all directions. back to you. >> thank you. 5:20. here's a check on some of the morning's top stories. the oakland city council tonight will consider funding an environmental impact report for a proposed new ballpark for the as. oakland backers want the new stall near jack london square. san jose is further along in its downtown ballpark plan but has been waiting a long time for clearance from baseball officials. a san jose woman is hospitalized after two dogs attacked her outside her evergreen area home last night. a neighbor threw rocks at the dogs and they eventually ran off. the woman's injuries are considered major but not life

threatening. 9/11 first responders are pushing congress to provide money for their healthcare needs. a revised proposal that would cost about $6 billion may be put to a vote this week. but senate republicans may attempt a filibuster as the lame duck session runs out. fargo is agreeing to fork over $2 billion to california home owners stuck with mortgages they can't afford. now it all has to do with so- called pick a pay loans from world savings and wachovia taken own by wells fargo. they made loans seem afford afternoon. the borrowers like this man. what he and many others didn't realize is that his monthly payment would later mushroom. the settlement reached yesterday with the attorney general's office provides $2 billion for new loans. home owners who qualify will receive notices in the next few weeks. it appears the first tracks for high-speed rail in california will reach into bakersfield. the high-speed rail authority

board voted unanimously yesterday to extend the first segment to 120 miles between fresno and northern bakersfield. the decision came after the authority got an extra $1.2 billion. $600million came from the federal government and the same amount in matching state bonds. time now 5:22. new data showing the percentage of cigarette smokers in california dropped but not in san francisco. the california department of health says about 13% of adults were smokers last year and that's down slightly from 2008. and about half of the percentage who smoked in 1985. but in san francisco, the rate is 13.5%. a city health official says marketing aimed at the club scene may be a factor. 5:22. clean up or pay up. the new policy that has bay area business owners on their hands and knees. >> there's too many people in here! way over the number. >> plus, first fire, now more

chaos for a northern california shopping mall. how singers are to blame for this huge crowd. ,,,,,,,,,,

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mission district. restaurants owners are crouching down to spray and coming up the sidewalks. they are trying to get gum that's been spat out, walked on and sun baked. if the clean-up efforts fail, the merchants can be fined. >> when we have to get to the point where we issue a citation or notice to a base, the sidewalks start at $150 and can go as high as $500. >> the public works department says their maintenance and clean-up starts at the street and ends at the curb and they say they have spent 3 years educating proprietors that the sidewalk is their responsibility. let's take a look at the scene at the roseville galleria yesterday where a flash mob forced the evacuation of the entire mall. nearly 5,000 singers and dancers turning out for the surprise performance. but an overcrowding scare sent everybody outside. several people reported that the floor started moving and

creaking near the food court. engineers say it's say. the mall will re-open this morning. engineers said it was safe. a golden girl given a golden honor. betty white is the entertainer of the year by "associated press" beating out several other celebrities and the apple ipad. the 88-year-old actress took it in stride. she said it's ridiculous. they haven't caught on to me? i hope they never do. >> that is her charm. and she keeps reinventing herself. >> good for her. >> absolutely. it's 5:27. it's become famous in the movie erin brockovich. now one bay area city is a hotspot for a cancerous chemical. >> plus the tables are turned on the founder of wikileaks. why julian assange claims he is now the victim of a leak. still many coerce surrounding the city -- still many questions surrounding the city of oakland's sixth officer- involved shooting of the year.

that story coming up. ,,,,,,,,,,,,,,,,,,

is 5- good morning. glad to have you with us. it's tuesday, december 21. i'm sydnie kohara. >> i'm juliette goodrich. it is 5:30. topping our news this morning, one man is dead after police opened fire following a high- speed chase. sharon chin is in oakland where another suspect is still on the run. sharon. >> reporter: good morning.

investigators are trying to determine what made police open fire in the city's sixth officer involved shooting this year. it ended when oakland officers shot and killed a man when he and three others led police on a 3-mile chase. police say it all started when they spotted last week's shooting suspect in a red car with guns inside. officers tried to make a traffic stop yesterday afternoon but the driver sped off and led police on a chase on the highway and city streets of east oakland. the car crashed into a house on the 3300 block of 13th avenue and police say the four men ran in different directions. >> one of the occupants in the vehicle was shot by our officers. we had two officers that did fire on that person. >> reporter: he died on the scene. officers detained two other men and are looking for the fourth, considered armed and dangerous. police have not identified the suspect. octavia edwards says the 19-

year-old who shot was her son obataiye. he had had run-ins with the law before. this is oakland's sixth officer- involved shooting this year. four have been fatal. back to you. >> thank you. today a key decision in the gang-rape case at richmond high school. that assault happened back in october of 2009. the judge will decide which of seven defendants will go on trial and on what charges. there are questions though about whether there is sufficient evidence against two of them. the 20-year-old man who was the alleged ringleader will likely face trial. a san jose woman attacked by two pit bulls is in the hospital this morning. this happened last night outside her home on white sand drive. the woman was getting into her car when those dogs attacked. a neighbor threw rocks at the dogs and they eventually ran off. the woman's injuries are

considered major but not life- threatening. it's not clear where the dogs went or who owns them. they are dark gray pit bulls with light gray spots and clipped ears. the man accused of killing a well-known san mateo community leader will appear before a judge today. officers arrested 58-year-old gregory alarms sunday morning at the san mateo police station. they say he shot and killed david lewis outside the hymns daily mall back in june. the two had known each other since they were teenagers and police say alarms had actually been helping them in the murder investigation. >> in fact, mr. alarms not only had information, but he was the one who did it. he was the one who murdered david lewis in cold blood in that park structure an unarmed defenseless individual who had touched and helped so many people. >> police haven't given a motive for the murder. lewis was a former gang member

who turned his life around. he was well known for counseling drug addicts and parolees in east palo alto. the search is back on today for a missing southern california woman who may have driven into the russian river. police pulled her minivan out of the water yesterday. friends last saw 62-year-old phyllis bin leaving a restaurant in jenner saturday night. she was following them to her hotel but they lost sight of her. friends say she had not been drinking. rough waters have prevented divers from going into the river. 5:34. packer patience if you are heading to the airport anytime in the next few weeks. nearly a half million californians expected to catch a flight for the holidays. local air travelers could face delays though with the heavy holiday crowds, combined with that forecast of stormy weather. yesterday rains caused delays of up to two hours at sfo and we just checked with san francisco, oakland and san jose and all those airports say they are not anticipating any delays

this morning. it is 5:34 now. and we are going to check in with how our weather is. tracy humphrey has the forecast. >> good morning. scattered showers out there this morning especially in the north bay. they are fairly light in nature. but again still producing some wet roads. we are looking at scattered activity through novato, petaluma, up near the santa rosa area. plenty of rainfall still in the forecast. speaking of rainfall, let's take a look. how much more are we expecting today? we have the chance of showers for the morning and the afternoon. and a better chance of heavy rainfall tonight up to one inch in the north bay through tonight. up to a half inch in the east bay. three-tenths in the south bay. three-quarters inch in the peninsula and one inch in the santa cruz mountains and just in case you're wondering, are you curious? how are we doing with our rainfall since july 1? take a look. 146% of normal. well above normal in santa rosa. san francisco over 9", 132%.

129% in oakland and 87% in san jose. hey, we're doing pretty nice. maybe a little too nice. that's a look at your weather. for your traffic, here's liz. >> thanks, tracy. well some wet roads as you were talking about may be causing some problems. we have a couple of them out there now. in san mateo westbound 92 around the 101 interchange a multi-vehicle crash just happened there on the connector ramp from westbound 92 to 101, it's shut down because of this accident while they work to clear it. we are seeing slowing on our sensors actually. and several lanes on westbound 92 are blocked coming off the san mateo bridge. multi-vehicle accident one car engulfed an ambulance heading to the scene so if you are trying to catch a flight towards sfo el camino real might be your best alternate. the bay bridge toll plaza we have a high wind advisory but so far no delays approaching the bay bridge toll plaza and this is our other problem in daly city southbound 280 before john daly boulevard car off the

road hit a tree so chp heading to the scene there. that is your traffic. back to you. bart plans to convene a study group to extend operating hours on weekend. the board of directors wants the expansion, something favored by passengers. but there are some complications because bart workers need several hours of access each day to do maintenance check-ups. they will meet next year. san francisco officials are expected to announce this morning that the potrero power plant will be shut down. it's the last foss the fuel power plant in san francisco around for 45 years. efforts to shut it down began 10 years ago because of pollution concerns. san jose among cities around the nation found have a cancer-causing chemical in its tap water. a new analysis by the environmental working group

finds hexavalent chromium in 31 out of 35 cities tested. and san jose ranks the fifth worst with levels well above those considered safe. the industrial chemical has been found to cause cancer in laboratory animals. it got public attention in the film "erin brockovich." first responders injured on 9/11 head to capitol hill today. they are urging null pass a bill that would provide billions for their healthcare. 's preeti arla explains -- as preeti arla explains, approving that measure may not happen before congress adjourns. >> reporter: first responders who got sick at ground zero are taking their fight to washington. >> to me this is a no-brainer. we are going to get this done. >> reporter: this morning the rally at the white house and capitol hill urging congress to pass a bill that would provide billions of dollars for their healthcare. a previous version of the measure passed the house but failed to get a vote in the senate this month. >> it's a lot of money and so i -- my -- my early response is that i am skeptical about that

bill. >> reporter: but now that lawmakers have trimmed the final price tag and changed how to pay for it, supporters believe that they have the votes to get the job done. >> the men and women who answer the call on and after september 11th, we are absolutely obligated to pass this bill for them. >> reporter: the house and the senate would both need to approve the bill before the new congress convenes next month or else it's back to the drawing board. 14,000 first responders are currently living with illnesses they contracted after inhaling the dust at the world trade center site. >> i remember him coming home just covered in it. >> reporter: this woman's husband robert, for him passage comes too late. a police officer, he spent months at ground zero after the incident. within four years he had colorectal cancer. within six years he was dead at the age of 43. >> pretty devastating especially for such a great man who up until the end said to me, i just want to get better

so i can go back to work. >> reporter: the hope now is congress will act soon to help those who help the country when it needed it most. preeti arla for cbs news, washington. time now 5:40. the creator of the website revealing secrets says he is the victim leaks. wikileaks founder julian assange is complaining that someone leaked a swedish police report on his alleged sexual offenses. on saturday the british newspaper the guardian published details of the report. in it, two women accuse assange of rape. assange says he believes the leaks were timed to influence his bail hearing. today the federal communication will vote on new rules for net neutrality. the rules would require providers of high-speed internet to treat all websites equally to keep people who pay for premium content are getting better web service than others. if approved today the rules will go before congress next

year. 5:40. ready, set, shop! what toys 'r us is doing for the first time ever starting, oh, in about 20 minutes. plus... >> i see people texting all the time and it's the most stupid thing they can be doing behind the wheel. >> how about having your text messages read to you? one company's push to cut down on distracted driving. ,,,,,,,,,,,,,,,,

we are still talking about the pinpoint doppler this morning because we're still talking about scattered showers. yeah, more activity this morning in the north bay where we are seeing light and scattered showers through novato, petaluma, sonoma, also the napa area. today, for the morning, scattered showers. later on tonight, heavy rainfall possible. out the door, cloudy start with

showers, temperatures in the lower to the mid to the upper 40s. for this afternoon, mostly cloudy with a better chance of rainfall moving in as a low pressure system moves towards the bay area. temperatures in the afternoon the mid- to upper 50s. one system moving out, another system moving in. nice low pressure system, those are the clouds associated with it and plenty of rainfall, as well. the closer it gets to the bay area the more likely we are to pick up widespread rainfall even heavy at times. and looks like that low pressure system will be arriving later on tonight. what time tonight? let's take a look. around noon today, this is all based on our model data and around noon still have a few scattered showers but look at this long line of heavy rainfall predicted at around 7 to 8 to 9 to 10 to 11 to midnight. that's going to be the best chance of seeing some heavy rainfall across the bay area. for the sierra, we do have a winter storm watch in effect from late tonight through tomorrow afternoon. after that, cloudy conditions

on tap for thursday. for us a mix of sun and clouds thursday and friday. saturday that's christmas, we have some rainfall expected and some leftover showers sunday and monday. that's a look at your weather. for your traffic, here's liz. >> thanks, tracy. let's go out live towards the guadalupe parkway. san jose airport, a nice ride across the south bay actually no flight delays either. we have been calling sfo, oakland airport, so far good to go. let's go out to san mateo. not good to get on westbound 92 before the 101 interchange. we still have three right lanes blocked. we have been getting several calls from the kcbs phone force on this multi-vehicle accident. one car fully engulfed in flames. fire crews still on scene. obviously blocking one of those lanes. so thank you to jerome, pete, just several of the kcbs phone force-ers calling it in and letting us know traffic is backed up to a half mile in the area.

watch out for slower traffic. the connector ramp from 92 to northbound 101 open no alternate required. daly city an accident southbound 280 before john daly, car ran off the road in a tree. crews on scene now possibly using the "jaws of life" so major injuries with this crash. traffic not usually impacted in the area because most of that activity is off to the shoulder. but obviously, serious accident there. all right. outside, bay bridge toll plaza we have a high wind advisory for the span. so far no delays, didn't see a lot of traffic here yesterday. overall we are holiday light across the bay area. but again, watch out for some stronger winds for the start of your morning commute. here's a look at 880 through oakland the nimitz freeway as you pass the coliseum. if you have a flight to catch over at oakland airport no delays getting there and no delays at the airport itself. that's your traffic. back to you.

>> thank you. let's check the headlines. a judge in contra costa county will weigh evidence against 7 defendants in the richmond high school rape case. some of the defendants could face life in jail. some officers are on paid leave after a suspect was killed during a high-speed chase. a gun was found on the suspect. one passenger is still at large. today toyota agreed to pay $3 2 million in federal fines for its mishandling of two recalls. that's on top of 16 million paid already. the money will put an end to government investigations of two problems involving accelerator pedals and steering relay rods. 5:47 now. at any given moment more than 800,000 drivers on the road are probably texting making a call or using a hand-held cell phone. that's a lot of risky behavior going on behind the wheel. dr. kim mulvihill looks at a

high-tech way that could save lives. >> reporter: rainy days can make driving treacherous. the wet pavement, the traffic, and yup, the distracted drivers. texting while driving is against the law but that hasn't stopped everyone. >> i see people texting all the time and it's the most stupid thing that they can be doing while there are behind the wheel. >> i think it's idiotic. >> reporter: and while accidents do happen, texting while driving dramatically increases the odds. that's where this new app can help. it's called drive safely. a mobile application that reads text messages and e-mails aloud in realtime and automatically responds without drivers touching the cell phone. >> 5 e-mails in the last two minutes. >> reporter: barry is a fan of the potentially life-saving app. >> but you can quickly make a decision what's garbage and what's not while focusing on driving safely. >> reporter: as one of the managing partners of boston ventures, gets more than 300 e-

mails a day. >> but as an application for teenagers, as an application for moms with kids screaming in the car while they are driving, as an application for businessman with a lot on his mind driving down the highway, it certainly breaks the urge to go read the blackberry when you should be focusing on the road. >> reporter: not everyone is convinced. >> because it still would be a distraction listening to the email or text message and want to reply. >> when drive i like to drive. i don't like to try to multitask. i don't think it works very well. >> reporter: dr. kim mulvihill, cbs 5 healthwatch. >> and drive safely is available for droid and blackberry phones. it's coming soon to iphone and windows phones. reading the first 25 words is free. after that, it's $8 a month. a bay area man is the first owner of a chevy volt. 25-year-old patrick wang picked

up the car. it's the first gas electric car with extended range. he saw the concept three years ago and made a video that won a contest to go to detroit and test drive a pre-production model. wang paid about $35,000 for the car. all right. feast your eyes on ford's new minivan. the company is returning back to that market with its c-max. it's set to debut at next month's detroit auto show. ford says it has the best fuel economy of any minivan on the market. the price tag will be around $27,000. it's expected to hit u.s. showrooms in early 2012. >> not bad looking for a minivan. >> sleek. 5:50. just two months after a major fire, another evacuation at the roseville galleria. >> how it was accidentally caused by a choir group. also ahead... >> so no, i can't afford $500. i'd rather go to jail for a

day. >> clean up or pay up. the tough measure forcing some bay area store owners to spray and scrub the sidewalks. dry, ? gold bond ultimate concentrated cream heals and protects like lotion can't.

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the mall is now closed. >> this was the scene at the roseville galleria yesterday where a flash mob forced the evacuation of the entire milwaukee. nearly 5,000 singers and dance -- formed the evacuation of the entire mall. nearly 5,000 singers and dancing showed up. the floor was moving and creeking. it was evacuated but today it's safe and the mall will open in

a few hours. the countsdown is on and for the first time you can shop at toys 'r us around the clock. starting this morning, the stores will stay open for 88 hours straight. stores open at 6 a.m. until 10 p.m. on christmas eve. they will be hosting midnight madness deals and a final two- day sales with more than 50% off some toys. san francisco is cracking down on chewing gum on sidewalks in the mission district. restaurants and other business owners are having to scrub the sidewalks outside their doors. they are trying to clean up gum that's the been spat out, walked on and sun baked. >> ew! >> if the clean-up efforts fail they can be find up to $500. one woman stocked up on cleaning supplies. >> when we do have to get to the point where we issue a citation or notice to a base, the sidewalks start at $150 and can go as high as $500. >> they get a metal brush, wd-

40, a escaper, goo-off, they are trying everything, scraper. the public works department says their responsibility is only to the curb. they have spent years educating the proprietors that the sidewalk is their responsibility. viewers have been sounding off on facebook. we are asking you, should store owners be responsible for the mess? well, dana from alameda writes in, no, but they should be required to sweep up the trash each day. >> and another viewer says, i like the comment by the property other than, she would rather spend the night in jail. you can send your thoughts to us just log on to our cbs 5 page on facebook. some people in the bay area will have other cleaning to do today ahead of another storm. a tree crashed right into a woman's living room in oakland. haley vein heard a loud noise and found a huge pine treetopled by the wind. branches had spirit the couch

missing her friend by inches. -- branches had speared the couch missing her friend by inches. she is sure the landlord will remove the rest of the tree. it was dry this morning driving in. tracy? >> we have changes in the forecast. hi-def doppler showing some scattered showers out there this morning. pretty light in nature. and they are impacting some parents of the bay area especially the north bay. novato petaluma sonoma moving into napa currently some scattered and light showers. as sidney said things will be changing. take a look. this is a look at our seven-day forecast and we are expecting those showers to start to pick up in intensity around turn to outright rainfall. that's going to be later on tonight. best chance of that will be between 8 p.m. and midnight. heavy rainfall possible, gusty winds, temperatures as far as highs in the upper 50s today. more rainfall wednesday drying out thursday and friday with more rainfall christmas day,

sunday and monday. that's your weather. for your traffic, here's elizabeth. >> thanks, tracy. we are following a couple of injury crashes right now including this one that sounds very serious. we are using the "jaws of life." we have a slightly updated location. it's actually on a connector ramp from southbound 19th towards southbound 280. so we have san francisco police and chp both assisting withk this. we have been getting several calls from the kcbs phone force, jerome, pedro called as well, and they are being saying that the two right lanes are blocked. so expect at least some slight delays through that area. also following an accident in san mateo at westbound 92 before the 101 interchange. couple of lanes are blocked here as well and more members of the kcbs phone force telling us that traffic is stacked up at least a half mile and growing. speeds are very slow in that area. that's your traffic. back up to you. in the next half hour governor-elect jerry brown already cleaning house. which position he is eliminating to save the state

some cash. >> the mother of a suspect who was killed in an officer- involved shooting in oakland speaks out. that story coming up. ,,,, [ male announcer ] how do you say... welcome to the neighborhood. ♪ [ male announcer ] how do you say... can you believe it's been 20 years since college? ♪ [ male announcer ] nothing says "you're special" like boursin, a creamy, crumbly blend of real cheese and savory herbs,

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