While they wait for santa. E bay area neighborhood still threatened by floods d evacautions with sandbagging while they wait for santa. The bay area neighborhoods that are still threatened by floods and evacuations with another storm coming for christmas. Dozens of former Prison Inmates hardened on Christmas Eve. And there is nothing in here. Everything is gone. Reporter and a painful night for the christmas procrastinators. The slim picking that has some going home empty handed, im allen martin. Im elizabeth cook. Not a way anyone would want to spend Christmas Eve. Tonight a bay area neighborhood is nervously watching a fast moving creek that is threatening a Christmas Day flood. Cbs 5 reporter is in east pal alto where people spent the evening sandbagging around their homes. Reporter thats right. And right behind me is the levy where crews are hard at work, reeling in the truckloads of sandbags, gearing up for more rain tomorrow. While most people spend Christmas Eve stacking presents under the tree. Some east pal alto residence spent their night sandbagging. In preparation of more rain. And we are just packing up the sand. Reporter sunday monday, they spilled over the levy, cutting the neighborhood between daphne way. And we were swarmed with so much water last night. You had to run out. Reporter they are several evacuees. How is this affecting your christmas . Horrible. Just horrible. And they sets back. Reporter he could not do any lastminute shopping, spending the night with his eight kids in his car. A block away, things are getting back to normal in that home as they were evacuated, thankful that their house was not damaged. It was like up this high as we were afraid that they would go in there and when we got back there was no water damage to the house. Reporter their next door neighbor is not so lucky. His home is off limits. Deemed unsafe after water got inside and affected electrical outlets. They receded, but a major concern, are the boils and the other level i haves. For now they have engineers out here for a quick fix before the next rain. Were going to be working all night long to race the levels of the levy to reenforce it with the sandbags. Reporter he plans to appeal to the state for the resources. Meanwhile he has his own appeal, a Christmas Wish you might say. Hopefully they will fix the levies. Reporter this is the third time in recorded history that the flooding has happened here in the area. The california Conservation Court and the city maintenance crews will be out here making repairs as they say that a long term project will begin next year. And in east pal alto, cbs 5. Well, a beautiful break today from that stormy weather. But there will be more rain on the way. Yes, the weather center, cranking up the High Definition doppler for us. What do you see . You can see the Hearts Content tonight, but not a single echo. The rain will be too far north at this point. And at this point we could exhale a bit. Because the storm will be nothing like what we have over the weekend. It will be wet. And mostly by tomorrow evening that is over the bay area. But that storm that will be winding up, the low pressure is too far to the north as they do have moisture and they will increase the clouds tomorrow. Rain will begin on the snow snow hoe mental anguish area. But they dont look like too much. Dry by christmas morning. It will not be a repeat of the weekend. The models are suggesting maybe about half an inch of rain from this and it will be windy, but not nearly as windy as it was over the past weekend. And so now it will be nice if we didnt have all of the rain that will be coming with us on this one. Yes, you got it. Thank you. And tonight dozens of former Prison Inmates are enjoying a Christmas Gift from the governor. He signed the pardons for people whose crimes range from the drug offenses to robberies. Cbs reporter on the excon who is starting a new life tonight. Reporter you know i was young out of high school. Reporter he says that he was dumb, hanging around the bad people 20 years ago. He was involved too, only to get busted by a police sting getting five years in prison. He didnt know that it would change his life forever. He saved a young boys life. I just remembered it, you no, they were stunned. How could i live with myself if i didnt try . They featured the Second Chance story as he was paroled from prison, spending the last two decades waiting for today. The pardon from the governor. They officially forgave him for his crime. They needed to find it out, you know, to finally have some closure for them, the long story that, you know, they did something dumb when they were older. He competes in the body building event. He is such an excellent role model for me. And not the man he was, but the one that he has become. And that they continued to live the life. You know, in a positive manner. He didnt know about the pardon until we called him today to ask about doing the stories. And that they notified the 79 pardons in the next week or two. We did reach one of the inmates paroled here in the bay area as he was shocked to hear of his pardon from our assignment desk that he was grateful to hear the news, but he wanted to spend the evening with his family. Well, it might be Christmas Eve, but they are not too far from the minds of the lawmakers. They left washington on friday for the holidays, and the promise to return with a couple of days here. There is only a week left to avoid the tax hikes and spending cuts that will impact almost every single american. Tonight, the Democratic Senate leader might take the lead in crafting the compromise to prevent the tax hikes on at least the middle tax cut, which is the president s pardon plea. And one of the president s last acts before leaving washington, caught some of the holiday travelers off guard today. The reporter, on how an unexpected federal holiday took on some christmas vacations. Really upset. At this point i dont know what to do now. We just need to wait. Weve been here for 7 30 in the morning. Reporter stranded on Christmas Eve, its the same story for dozens who were suppose to have renewed or pick up passports today. They had appointments scheduled for today, including this one. And he was separated from his family as he is suppose to catch a flight to mexico tomorrow. And to see his wife and 2year old. Its extremely frustrating, disappointing that we wont be able to see them. From my daughter for christmas. Reporter and they were suppose to be open today. But in the lastminute decision on friday, the president declared the Christmas Eve a federal holiday. The federal workers had complained that he should show some holiday cheer. And since they had not had a Salary Increase since 2009 i wish they would have planned it better. For jeffrey chase, its not just an inconvenience. He was hoping to see his mother inlaw in germany before her open heart surgery. The worse could happen if nobody comes, but giving up is even worse to come. Reporter most gave up, changing their travel plans. But for a handful of people that had a life or death situation, they were able to get a new passport. And you can see it, there it is. And there are three passport agencies in california and the understanding is that only in San Francisco did a few people get their passports today. The reason for that, well, it is that the duty officer, they chose to come on in on Christmas Eve. As he drove in from napa to San Francisco. And he says that he did it to help a few people out. In the newsroom, grace lee, cbs 5. Well tonight, some people, they are finding that the campaign to pro that it can pay to procrastinate. They are reaching the bounty of bargains. They said that they have a million reasons why they waited. Reporter twas the night before christmas and all through the store, a slew of lastminute shoppers with the excuses galore. And i have been working a lot. This year it snuck right up on me. Reporter the customers were fighting over toys in the aisle. They took that toy out of my basket. Reporter and it was all picked over to this child. And there is nothing in here. Everything is gone you know, like my little ponies that i want to get are not even around. Reporter the registers rang, and the santa hat sang. But at the stroke of 10, it all came to an end as shops closed, leaving only one place to spend. Because it is Christmas Eve and you know what that means. The only store open now is your local walgreens. Christmas eve is by far the busiest day of the year for us. 4,000 procrastinators will come through here and leave baring gifts, vowing to do better next year. And that is my new years resolution. Reporter reporting, but not live. Merry christmas. Cbs 5. New at 10 00, the Popular Video streaming Service Netflix has gone down. They tweeted an apology tonight, saying that the outage was caused by amazons web services. The twitter feed also says that engineers are trying to fix that problem. The Company Spokesperson told the wall street journal that the outage stressed across the americas. Saying farewell to the beloved american actor. How hollywood is remembering the queer of this man. And we are being shot at, both firefighters are down. A community dealing with the deadly ambush attack on volunteer firefighters. What were learning about that gunman. And the queen of england, she puts a hightech twist on a holiday message. ,,,,, actor jack k some of us knew him as a half of the odd couple. Now, the actor, he died today in los angeles. He won two emmys for his role as the messy sports writer, oscar madison, who drove felix crazy for five seasons, in the early 70s tv show, the odd couple. But his stage film and the television career, it spanned more than five decades. He passed away in his home with his wife at his side as he was 90 years old. They were only doing their jobs, answering a call for help when a team of firefighters, they suddenly needed help of their own. Cbs reporter Tatiana Anderson and the hail of gunfire that greeted them withdeadly results. Reporter feoffments rushed to the Early Morning fire firefighters rushed to the Early Morning fire and were greeted by bullets. He started the fire to lure First Responders to the scene and shoot them. Were being shot at. Multiple firemen are shot. Im shot. Reporter two volunteered firefighters were killed. Two more were injured. And because crews had to take cover, they couldnt fight the fire. It burned out of control, destroying seven homes. A s. W. A. T. Team was called in and police say that soon after the gunmen took his own life and ending the stand off. News of the deadly attacks spread quickly through webster. 19yearold thomas was a College Student and a 911 dispatcher. He was a veteran Police Officer and named firefighter of the year just two weeks ago. Websters police chief became emotional while announcing the deaths. He is also a tenant with the Webster Police department. Reporter both men volunteered at this fire house. And crews set up the memorial of flowers and candles to honor the victims. At the vigil, the Community Came together to console each other and remember the men killed. At this time of the year too that, you know, our men are hurt and they are not going to be home with their families now. Reporter spangler had killed before, spending 17 years in jail for beating his 92yearold grandmother to death with a hammer in 1980, but authorities dont know why he decided to kill this time. Tatyana anderson for cbs news, webster new york. Reporter police are searching for his sister last seen at the home she shared with him. Another Community Still reeling from a community is feeling some overwhelming love and from around the world. Cards, letters, and money. It poured into newtown, connecticut, where 26 people died in a School Shooting ten days ago. Also arriving by the truckload, these toys. More than 60,000 filled an entire gymnasium, turning it into a makeshift toy store. Every child in the community was invited to stop by and take one home. The tragedy this Christmas Eve and the 90yearold san jose woman was killed this afternoon when her toyota camry was hit by a second car at hilliard avenue in Silver Creek Valley road. Not clear how the accident happened, but the driver of the second car was taken to the hospital. Investigators are looking into whether or not drugs or alcohol played a role. Thousands of bay area nurses walked off the job today. The 24hour strike is the latest in the series of the short term strikes by the california nurses association. And over wages and the benefits. It impacted about seven bay area hospitals, as well as two hospitals in san jose. And it is operated by the hospital corporations of america. And all facilities operated with replacement workers. And some god news for an east bay city. Richmonds homicide rates are down and they are no longer on the most dangerous list. This year, 18 people, they requester killed. That is a big drop from 45 just three years ago. In fact it is the lowest number of the city and what they have seen in 2001. It was a special Christmas Eve forecast for you tonight from brian. Twas the night before christmas and all through the bay, the rains had retreated, at least for the day. The storms that were strung by the coast all week long now have retreated off oregon where they belong. And yet in the midwest with bitter winds blowing, where youre shoveling and plowing and raining and snowing. We watched while you struggled to simply survive, it was freezing here too, about 55. And all that bad weather made everyone wait. Hopefully if it says what it is right now, then well be a little late. Reporter but tonight there are a few clouds and therefor no rain, but theres something on radar thats hard to explain. It left from the poles traveling the globe. And it looks like the jolly old red elf of old. And so while children can nestle all snug in their beds. If we blow this forecast, were better off dead. More rain is on the way there is no way to change it. And as we all know so well. Its the weather. You cant change it. Can santa deliver the goods . Dont you worry, it looks like it will be another successful journey. And you may not see santa with the dense fog to hide them. Thats why rudolphs red nose is on hand to guide him. And on Christmas Day, more rain will be here. Thats why you see, santa calls them reindeer. In the mountains tomorrow, there will be snow mixed with rain. And so play jacob marley as they need to carry some chains. Tomorrow gets wet with the highs in the 50s. Wednesday as well, they will not be as any factty. But thursday, my friends, the sun is among us. Thats great news for us, and bad news for them. Even though that we have been the most exceptionally wet, the spirit of christmas is still with us yet. Can you hear them, exclaimed as he starts out his drive . Merry christmas it all and please watch channel 5. Merry Christmas Everybody. Well be back in a minute. ,,,,,,, 24yearold anthon still no sign of the man who jumped off the bridge trying to flee police. The 24yearold Anthony Donaldson ran from the dui check point overnight and he was later spotted in the creek near the college of morin. Police, they say that they tried to coax him out, but he swam away and officers eventually lost sight of him. Is your brother a swimmer, can he swim . No, my brother has asthma, if he was wearing a lot of clothes and shoes, its not a good sign. Now, Police Called off the search around 4 45 this morning. And a more successful rescue overnight near livermore. The mans pick up truck drifted into the creek as he was stranded on top of that truck for nearly two hours. Alameda firefighters brought in the helicopter crew as you saw helping them out. He was plucked to safety, treated at the hospital for hypothermia. And another rescue caught on camera in l. A. The man was also trapped in the fastmoving rainswollen river as cbs reporter shows us the dramatic rescue. Reporter tense moments as the firefighters pulled out all the stops to rescue the man clinging to the brushes in the rising l. A. River. Gushing down fast, forceful, cold. We have the snags on out there. Things that will be really dangerous to us. Reporter they acted fast, responding to the call just after 5 00 this morning as the man was stranded in the brush, screaming for help. We wanted to get the boats to the real calm area in the water and that is what they are used to used to calling it here, getting on out there, trying to get to the rope over the tree or the branch. Reporter the rescue crews lined up the river. And this rescue team as they needed to give it a raft, attached to the fire truck by the ropes down the stream with the strength of the current created challenges. They worked their hearts out, as it was tough to get over there to battle it a little harder for them. And that they even tried to snag that branch with their ropes. Reporter the man was standing waist deep in water and managed to tie that weight around the tree, pulling it towards him. In this type of weather, you know, it could be very hyperthermic they wont have a lot of strength or energy and just for him to be able to, you know, tie that rope around the branch, it is very good. Reporter as soon as he was pulled to the safety of the raft, he collapsed. And he had no energy left. And he just laid down on the bottom of the boat. Reporter they believe that the man was homeless, living in an encampment of the brush, which is normally dry, trapped, firefighters said for hours and with the water temperatures so cold, they say that it is a christmas miracle he made it out alive. Hes pretty beat up and he looked hypothermic. Hell probably be in the hospital a couple of days getting hot chocolate. Rescuers say that the water was up to their hips. But if they stood in it, the current was so strong that it would have swept him away. Pope benedict xvi celebrated Christmas Eve mass a couple hours earlier than the traditional midnight service. The faithful from around the world packed st. Peters. He lit a christmas peace calendar overlooking the square. Queen elizabeth tried something less traditional. The royal line eases delivered it in 3d. Sported 3d glasses to review her work, of course, they are fit with the queen, with crystals in the shape of the letter q. She did not return them to the recycling bin outside the theater. Three moms in three days. Major injuries, major issues to both bay area nfl teams. Raiders Carson Palmer for starters. 49ers were hit hard too. ,, oh, you have a Keurig Vue Brewer . Oh, its great now i can brew my coffee just the way i love it. How do you do that . Well, inside the brewer, theres this train thats powerful enough to carry more coffee and fresh water to make coffee thats stronger and bigger. And even hotter actually, i just press this button. Brew the coffee you love stronger, bigger, or hotter players. We got a minute, start the clock the bay area Pro Football Team lost more than what they gained yesterday. How about the players . We got a minute. Start the clock. As a result of the play, last night the big whiteout, reportedly out for the season after an mri revealed a torn acl and pcl in his left knee. Wow from back to the raiders. Quarterback Carson Palmers season is over. He suffers cracked ribs with a bruised lung from that hit from the panthers. Either matt liner or Terrell Pryer will start on sunday at san diego. Hawaii bowl today. Devante adams. How does he hang on . The game was dominated by smu, garrett gilbert. Looking for darius johnson. Smu wins big, 4310. Spreading the christmas cheer, arizonas linebacker gave his fan the Christmas Gift, his glove. And look at it, the kid is just stoked. I thought he was running out. Yes. Did you see the expression on his moms face isnt the kid is like oh yeah great, i got a glove and the mom is like, okay, okay. A sweaty mans glove. Yay. Why dont you wash it. [ laughter ] all right, thanks. Well see you at 11 00. Go to bed, kids. ,,,,