after complications from a tonsil surgery earlier this month. her family since fought a legal battle with the hospital as they are convinced she is still alive. after two experts testified she had no brain activity, the judge extended the restraining order keeping the child on life support until 5:00 today. >> the torture i have that your child is going to die on december 30, as a parent, who wants to know the day your child is going to die, that's what i'm going through, all week, god help me, i don't want december 30 at 5:00 to come because i don't want my child to be took off that ventilator. >> reporter: the family has a pediatrician who has seen jahi and that that doctor insisted that she is not dead. it's not clear whether the doctor saw video of jahi or saw her in person. sam singer says he can't talk

about it specifically but there is the lazarus effect and that is the case when someone is legally declared dead can still move limbs while on a ventilator. >> so joe, the facility in new york is willing to take jahi but there at children's hospital oakland that's the holdup? is that what's going on here? >> reporter: well, up until now, no facility had declared that they definitely were able to take her. the family said they had conversations with three facilities just now the family said within the last hour that they have a facility in new york that has agreed to take her and that they have a doctor who would stay with her during the air transport and that they have even contracted an air ambulance to take her all the way. but there are still measures the hospital has to take and it's not clear whether the hospital will agree to those measures as the family will need to work with the hospital to make those things happen. >> yeah. so far not a lot of cooperation. we'll see if that happens, joe, thanks very much. some new video into the

newsroom. check a huge fireball in the sky above north dakota. this is from a train derailment near fargo. several explosions and smoke can be seen for miles around the area. the train carrying crude oil and as many as 10 cars are on fire. residents are being evacuated. paramedics were responding to an emergency in daly city when the ambulance was stolen. they were treating a patient at midnight and police say someone jumped into the ambulance and took off. they found it within five minutes a couple blocks away with some small items missing. but the people who took it were nowhere to be found. san jose's ending 2013 with a grim milestone. a record number of traffic deaths involving bicyclists and pedestrians. 26 people were killed this year. that is the highest number since at least 1997.

mark sayre reports. >> reporter: well, the san jose police say they cannot.to one single thing that's causing this alarming trend but they do believe many of these accidents could be prevented. at vine and oak streets just east of downtown, a memorial still stands for 3-year-old elijah, the toddler riding in a stroller when a pickup truck ran over and killed the boy in the crosswalk. tony lives on the corner and was home at the time of the accident. >> it was horrible seeing a dead little kid, running the red like huge f-250 truck. it was horrible. >> reporter: he says he sees all sorts of bad driving behavior just outside of his front door, where elijah was killed. >> people drive recklessly, they don't care about other people until actually something happens to them or they do something to somebody else. >> those are numbers that we

certainly don't want to see. >> reporter: officer morales says san jose police are very concerned about the trend and while there is no simple answer as to why, morales says in many cases, a lack of attention is partly to blame. >> with the advent, i guess, of cell phones, you can say that a lot of times people's inattention to the roadway plays a factor in some of these fatalities. you can also lay some of the onus on the pedestrians and the bicyclists. >> reporter: sometimes, the victims are not visible. they are riding the wrong way on the road or are not using a crosswalk. cyclist carlos bar ba says he has seen fellow cyclists talking on the phone while riding but more often he feels it is the drivers not paying attention. >> it is dangerous. you have to be on your toes, definitely. >> reporter: san jose police say they are taking a close look at the numbers. they are going to take a look at whether anything else can be

done, increasing patrols or enforcement action. they are asking everyone to be aware. mark sayre kpix 5. >> police have some safety tips. they say people should wear reflective clothing and flashlights at night. an improved bike lane to a notorious insection at 6th and folsom where 24-year-old [ non- english language ] was hit and killed by a truck in august. today's work was done just a few feet away from a christmas message left by her family. the city was already planning to add the so-called green carpet here but the job was expedited after this accident. bart workers have a chance to get $500 bonuses thanks to their new labor agreement. in order to collect that money, ridership needs to surpass projections by at least 1% for the year. the maximum bonus allowed is $1,000 a year. the board says it would cost

$750,000 if the goal is met. another fight to keep city college of san francisco open played out in court this morning. today lawyers for the accrediting commission for community and junior colleges went before the judge. they are arguing that they were right to pull city college's accreditation in july. the city of san francisco is suing to overturn the decision. some unusually high tides caused flooding in bay area parking lots today. kpix 5's mark kelly explains the natural phenomenon known as king tides. reporter: so we are at oyster point where the tide has really risen throughout the morning. right now, it's here at dock level but earlier this morning, about 9:00, very different scenario. the water was all the way up into this marina parking lot. really affecting the employees and their cars in that lot. of course, it's come down a lot since then. so what's going on here? well, it's called a california king tide and here's king tide video from other years.

basically, a king tide means extremes. we have really high and low tides. and conditions are just right for this time of year when the sun and moon's gravity align. water could rise as high as 7 feet above sea level and get more than a foot below sea level. the marina workers here at oyster point tell me they have really seen it all. >> it gets up past the street there and, you know, you will deal with the saltwater on the cars and stuff like that that people are not knowing what they are doing driving through it and stuff. otherwise, just high. >> reporter: so king tides conditions are really ripe between now and january 2 and new year's day is expected to be the peak day where new year's day morning we could see tides as high as 7 feet above sea level. of course, if you see any of these high tides in your neck of the woods, we want to you send us some of our photos. so log on to kpix.com and submit them through there. at oyster point, mark kelly, kpix 5. yes, it is all happening the next couple of days because

actually the earth is closest to the sun at this time of the year which is weird in the middle of winter but the earth is closest to the sun this time of the year and when you combine the fact that the moon and sun and earth line up being especially close to the sun the tides get unusually high. by the way, this king tides thing the expression was something the national weather service made up a few years ago because they are going we get tired of saying astronomical high tide so what sounds good? king tide sounds good. okay. we'll call it that. they have called it that for a couple of years. tomorrow a 7.1-foot tide about 9:50. so that highway 1 exit off 101 by mill valley always floods and correspondingly you get an unusually low low tide and that's tomorrow afternoon at 4:36 p.m. so really high tide tomorrow, tuesday, and a really high tide again on wednesday on new year's day and then everything will subside as the moon continues to orbit around the earth and get farther out of that alignment of the earth, moon and sun. we have the weather forecast coming up including a "spare the air" again. we'll do that in a few minutes.

allen, liz. >> see you then, thanks. a security breach only the beginning of trouble for target customers. the snag for shoppers trying to make returns. and what the store may not be telling you. >> talk about having your siblings back. a skier's frantic rush to dig his brother out of an avalanche. >> do you want to get married on a rose bowl float? >> they want to share their dream come true on the world stage. the rose parade wedding that is leading to calls for a boycott. ,,,,,,,,

parade! they will be married on a float during t parade. reporter melanie wow on the wedding and some same-sex couple will make history at this year's rose parade. they will be married on a float during the parade. reporter melanie woodrow on the wedding and criticism. >> reporter: after danny popped "the question" to his boyfriend, he had one more. >> do you want to get married on a rose bowl float? >> reporter: did you ever imagine not only that you would get married but that you would get married in the tournament of roses parade? >> never. never. >> reporter: 12 years ago, the

two men met in what each describes as love at first sight. >> we started talking and i recognized his accent and i said to him, you're from south africa. >> reporter: this was the couple's first look at their wedding venue, atop a giant wedding cake. aids healthcare foundation sponsored the float. >> i can't think of a better example of dreams coming true. >> reporter: now the couple will share their dream with the world. >> i have 80 million of your closest friends at your wedding. >> reporter: a day leclair's parents weren't sure they would ever see. >> extremely proud of both of them. very honored to have aubrey as a second son. >> very proud. >> reporter: there have been some backlash including calls to boycott the parade. >> we're not dissuaded or discouraged. we're absolutely grateful that we can be part of this conversation and really educate people. >> we're focused in love. we're standing in love. and that is why we're on top of this giant cake. >> reporter: dressed in their

finest. >> we will both be in handsome ted baker suits. >> reporter: and beaming with pride. >> melanie woodrow reporting from l.a. the float will also feature a lesbian couple who have been together 42 years and legally married for five. by now you have enrolled to get health coverage on january 1. the next step is making sure to pay that premium. >> if someone needs care in the beginning of january, they are going to get covered as long as they pay by january 10. that health plan will reimburse them for any care they receive as long as they get in-network care. >> so far, "covered california" says 400,000 people have signed up. they saw a huge surge last week with 100,000 signing up over four days. well, there has been some confusion insurance providers should be sending out invoices this week. and a mixed day on wall street as the dow continued its winning streak with other markets virtually unchanged. the s&p 500 is on track for its best year since 1997. it is up 29% this year.

beyonce slammed for using a space shuttle tragedy in her song. ♪[ music ] >> the audio clip that is hitting a sour note with nasa. >> and the mystery in monterey county that has locals buzzing with bizarre theories. ,,,,,,,,,,

winter olympics. the latest attack killed at least 14 people after two suicide bombings in russia in the past to days are raising -- two days are raising security questions leading up to the winter olympics. it killed 14 people after an explosion on a bus in volgograd a day after at least 17 were killed in a blast at a train

station in the same city. no one has claimed responsibility for those attacks. but last july, chechen militants called for an islamic russian state threatened to attack civilians. >> everyone now needs to be even more concern about the terrorist threat that has reached the russian heartland and is growing closer not only to the sochi olympics but also affecting the transportation hub that are so important to the olympics. >> russian president vladimir putin is ordering increased security nationwide. the international olympic committee says it's confident of russia's ability to keep the games safe. a blizzard has stopped the effort to rescue dozens of people stuck on an ice-bound research ship stuck near antarctica. when the weather clear they plan to reach the ship with a helicopter. it's been stuck for a week. icebreakers haven't been able to reach it. there are 74 people on board. the expedition leader says they are in good spirits.

there's plenty of food and heat on the ship [ censored ] that's an avalanche. >> a colorado skier has his younger to thank for saving his life after being caught in an avalanche. the brothers were skiing in vail and got stuck in an avalanche. the rescue captured on the gopr helmet. he is buried up to his head. he had a knee injury. more fall you following the target credit card breach. the latest problem is with returns on purchases made with those cancelled cards. on the consumerwatch, julie watts explains how one woman almost got kicked out of the store over the issue. >> i was very frustrated and i thought other people should know. >> reporter: this woman we'll call jo isn't concerned about the target credit card breach. she canceled her cards. rather, she is upset about how she was treated when she tried

to return a few items she had purchased this target using her now canceled card. >> i thought that target would be able to give me a cash refund in light of what was going on with the credit cards. >> reporter: her returns amounted to about $27 but jo says after talking to two customer service reps a manager told her she was out of luck. >> he said there was nobody else i could speak to at that point. >> reporter: he offered her a gift card and when she insisted on a refund -- >> he told me i would have to leave the store and called his security guard over. and then he physically blocked me from walking through the store. >> reporter: she says she was so shaken up she left without her returns or more money and asked us to conceal her identity but what she didn't know and no one at target bothered to tell her is she could have had her purchases refunded to her card even though she didn't have it. >> they bridge the old and new accounts. >> reporter: they explain why you can't make purchases with the canceled card, but you can still use it for returns and any credit will appear on the

replacement card. now, if you don't have a receipt, the retailer may have to physically scan your canceled card to pull up past purchases so hang on to it. but in jo's case she had her receipt so she didn't need her card. nobody even suggested that to her. when we accompanied jo back to the store, a different manager said she couldn't comment on how jo was treated the first time around but she apologized and happily agreed to refund jo as money. >> nice to meet you. >> reporter: but jo says she is still waiting for an apology from the first manager who had her escorted out over a $27 refund. target hasn't commented so it's not clear why under the circumstances they wouldn't just give her the $27 cash. but if you have a consumer problem, give us a call at kpix.com or send us an email to consumerwatch@kpix.com. former nasa astronauts are calling beyonce insensitive for using audio of the 1986 challenger explosion in her new song. >> you're looking very carefully at the situation.

obviously a major malfunction -- ♪[ music ] >> that's the actual nasa radio transmission seconds after the challenger exploded in january of 1986. beyonce says she used that line in her song to, quote, remind us that unexpected things happen and to appreciate every minute that you have with those who mean the most to you. a mystery in monterey county just outside of salinas where a crop circle showed up over the weekend. takes up about an acre on a farm. the sheriff's office has no reports of strange activity in the area. look how precise that is. but security guards are now posted at the site and there is a video on youtube already. hm. coincidence? today is not a "spare the air" day but tomorrow will be the season's 23rd alert. kpix 5's don ford tells us it's been a rough season for local firewood sellers. reporter: it stacked up to

the sky and it's for sale. firewood lots of it. bruce works here. >> i'm the owner. yeah. i have been doing this since the '70s. >> reporter: he says, the holiday season is normally when folks who have fireplaces burn wood. but not this year. >> there is a few years where we used to sell 5,000 cords a year. yeah. it's a lot less now. >> reporter: he says his business has been cut in half. he laid people off. and he may have to axe more. he blamed regulations. >> there's a lot of factors but the biggest one is the air quality concerns. >> reporter: this haze is natural not due to smoke but the air quality district issued a record 23 "spare the air" alerts for this season since last month. during these alerts, you are not allowed to burn wood in a fireplace. restaurants are allowed to burn wood. and they now make up half of

his business. he also sells these wrapped bundles to state parks and private campsites. he has to deliver 250 by tomorrow morning. just before christmas he delivered 2,000 bundles to bay area stores. he is a wood connoisseur, wood, oak, almond, cherry. >> on a cold night you want white oak to burn all night. walnut makes a quick hot fire. almond is really hard. the restaurants like this wood. it flavors food in unique ways. >> reporter: says who? >> says the chefs. >> reporter: you can burn any and all of this tonight. today is not a "spare the air" day. tomorrow, however, is. in richmond, don ford, kpix 5. a lot of people are affected by the lack of rain. >> you know what's funny watching that story is back in

the '70s, you were too young to remember this, of course. >> not i. >> but to heat your house the environmentalists cry was split wood, not atoms suggesting you heat your house with a fireplace instead of burning electricity that came from a nuclear source and now burning wood is bad so yesterday's good thing is today's no, no. as we go outside and look at the current readings, we have mostly clear skies. 58 san francisco right now. temperatures are fairly mild as we have high clouds coming in over northern california. that will moderate temperatures overnight tonight. and the winds that are offshore out of the southeast are keeping temperatures mild, as well. air quality will as don point out in his story suffer by tomorrow. and as a result, "spare the air" day for tuesday. we'll show you that in a minute. 8:00 temperatures in the low 50s. fair skies, chilly temperatures and today the air quality today moderate for everybody. but unhealthful air levels will be tomorrow for the north bay and santa clara valley. high pressure just dominates so

things won't change, as a result temperatures remaining in the mid-60s for the most part with a few high clouds and as we look ahead to new year's eve tomorrow night, mostly clear and chilly and fireworks time will be down to 49 degrees near the ferry building. should be a good night for fireworks. 9ers take on the packers. forecast high, 9 degrees at about game time. how will they deal with that? high pressure is building off san francisco and as long as that stays parked in place, things not going to change much. a dry week ahead. fair and mild all week long. temperatures in the mid-60s. look at ocean beach. isn't that nice? clear and chilly tonight. sunny and mild this week and no rain for two weeks? that's the way it's shaping up. tomorrow sfo forecast high 60 degrees. that won't slow you down. look at chicago, they have some snow and 16 degrees. l.a. 73. overnight tonight, 35 in santa rosa, 34 napa and fairfield. forecast highs are still almost 10 degrees above average for this time of the year in some

locations. specifically, tomorrow, we'll hit 61 in the city. 61 at fairfield. and 63 degrees in san jose. same for santa rosa so nice mild day tomorrow, above average temperatures, look ahead numbers get almost to 70 degrees inland by friday if you can believe that. and looking ahead into next weekend, no big changes. so high and dry all week long. allen, liz? >> thank you. well, they are calling it a time square sized ripoff. wait until you hear what some bargain chain restaurants are trying to charge people on new year's eve. ,,

on some light bulbs. the traditional 40 and 60 wt bulbs will no long ry first. instead in just a couple days manufacturers will pullle plug on some light bulbs. that traditional 40 and 60-watt bulbs no longer made as of january 1 instead you will have a get a high efficiency bulb to replace them. the change is required under government standards. the bulbs will as you might suspect cost more than the standard incandescent models

but they will also use less power. you expect to shell out a little more money for a nice dinner on new year's eve, right? but would you expect to pay $375 a person to eat at applebee's? nothing wrong with them but there's the going rate to party at two of the chain's locations in times square tomorrow night. the dinner package includes a chef buffet, open bar, deejay and party favors. now, it's not just applebee's. tj i friday's in times square will -- tgi friday's in sometimes square will set you back $299 without the drinks we'll be right back. ,, ,,,,,,,,,,,,,,,,

remember the latest news and weather is always on kpix

dot-com. the "cbs evening news" is next. captions by: caption colorado comments@captioncolorado.com >> dubois: t >> dubois: tonight two deadly terror attacks in two days. a bus is blown up in volgograd, russia, after a bombing in the city's main rail station and just weeks before the country hosts the olympics. elizabeth palmer on who might be behind the attacks. in the upper midwest, the year is coming to a bitter cold and with the temperature deep in negative territory. formula 1 champion michael schumacher is fighting for his life after an accident on the ski slopes. elaine quijano has the latest on his condition. and anthony mason on the little bird that's become a huge star. >> it's pretty magnificent. captioning sponsored by cbs this is the "cbs evening news" with scott pelley.