To be out in full force tonight looking for revelers who shouldnt be behind the wheel. The crackdown picks up in about an hour with extra patrols. If you do decide to drink, police are urging you to designate a sober driver or find another way to get home. And if you go to the embarcadero police are enforcing a zero tolerance policy on public drinking. As brian said, muni and caltrain are some of the agencies offering free rides. Map out your new years eve route on our website, kpix. Com on the front page. Will it be a clear night for watching those glorious fireworks . Meteorologist Brian Hackney has our new years eve forecast. It sure isnt going to rain. We do have some fog and low clouds along the shoreline earlier today but now they have cleared out pretty nicely as we can see on the time lapse here. The only thing to worry about is it will be chilly at 9 00 on the embarcaderos, 53 degrees. At midnight, fireworks time looks like 46 degrees. All in all great night for fireworks. Elsewhere around the bay area san jose will have 45 degrees about midnight. Up in santa rosa 39. In general, in the 40s in the bay area and at worst fair skies but most locations will have clear skies. Well have the forecast along with some high tides for tomorrow coming up when we do the forecast in a few minutes. Thank you. Emotions running high tonight in the legal battle between Childrens Hospital oakland and the family of jahi mcmath. Linda yee on the new fight to keep hope alive for the 13year old girl who doctors say is braindead. Reporter allen, late this afternoon, the family of jahi mcmath actually filed a request with the state Appellate Court forcing the hospital to do surgery to install a feeding tube or tracheal tube to get her out but the state court denied the appeal. But the family said they will never stop fighting this battle because they believe they can still save her. Every day i just feel like a little piece of me is being taken away. [ crying ] grieves as she continues her fight with the hospital to release her child or let another doctor come in to perform a tracheotomy and insert a feeding tube in her so they can move jahi out. Its like shes locked up there in that tower. They wont help her but they wont give us what we need to get her out. Reporter the hospital insists the girl is braindead and in a letter to the familys attorney today stressed its policy. Childrens hospital is unwilling to perform medical procedures such as a tracheotomy or installation of a gastric tube on jahis body. Nor can my client allow such procedures to be performed at Childrens Hospital. A hospital spokesman said the family has this choice. You can take the body of jahi mcmath with the ventilator, transport her to another facility if he ever produces another facility that would knowingly accept a dead body. Reporter jahi has been on a ventilator since december 10. The family believes its possible she can still live. They are setting up roadblocks at every road that we try to go down to save jahi. Because imagine this. If jahi does come back as we hope, imagine what childrens is going to have to face. Because i look at her and i feel like as her mother im supposed to be able to help her. [ crying ] and this hospital has my hands tied. This is a tragic story. This is a tragic story about a deceased person. Not someone who is ever going to come back alive under any circumstances. Reporter the family insists that several facilities have agreed to take in jahi. They have an ambulance and a plane standing by. Reporting live in oakland, linda yee, kpix 5. Now, the family says it has insurance, which will help pay for jahis transfer and it is has also been receiving donations. Investigators are saying a car that was intentionally set on fire started a grass fire in the south bay. The fire on Mount Hamilton ended up burning about 40 acres. San Jose Fire Department received reports of a car on fire at quimby road about 5 30 this morning. Those flames quickly spread to the dry grass. Cal fire brought in helicopters for water drops to help fight the flames. They say the dry conditions are part of the reason why the flames spread so quickly. Right now, the grass you see behind us is brown. Normally this time of year it would be green and wouldnt carry fire like today so thats why we are asking folks to be careful. Reporter first reports indicate the car that was torched may have been stolen. The fire never did get close to any homes or buildings. Nobody was hurt. First a fog delay, then an engine fire held up passengers trying to leave San Jose International airport this morning. The minneapolisbound delta flight was one of several planes grounded by heavy fog and you can kind of see that haze from the tower camera. During that delay, delta crews were checking a water leak from a lavatory. Thats when they spotted flames coming from an engine tailpipe. The flame quickly went out but by that time the plane was already back at the gate so passengers got off using the jetway. Nobody was hurt. They were rescheduled on later flights. A man who led police on a wild chase through San Francisco last night was on felony probation. Police have charged jacques sam u with assault with a Deadly Weapon evading arrest and hit andrun. It came to a crashing end. It started last night in the potrero hill hill neighborhood at 9 00 when police tried to pull samuel open. They believed he had a weapon. He took off and he was chased by cops on 280 then 19th avenue. During the chase police say samuel veered toward an officer and hit him. He was not seriously hurt. Another officer fired but missed the suspect. Police arrested samuel when he tried to run after the crash. More drama in the search for oaklands next police chief. The headhunter hired to find a new top cop has quit. The chronicle reports sacramentobased bob murray bowed out claiming city officials were meddling in the selection process. Mayor quans Spokesman Says the mayor did have informal talks with possible applicants but they were before the application process closed earlier this month. The search began after chief Howard Jordan suddenly resigned in may. Interim chief sean whent says he is interested in the job. An Evacuation Order is lifted in north dakota. A train carrying crude oil derailed and exploded yesterday sending a huge plume of fire and black smoke into the sky. Some cars were still burning today. Health experts were concerned about the hazardous smoke that was blowing toward the small town of casselton. But they say that danger has now passed. The ntsb is investigating the accident. They are in pretty good spirits considering this group of tourists and scientists is still trapped in antarctica. The sea ice froze around their ship. Its been eight days now but they do apparently have plenty of supplies. And they are still managing to celebrate new years. Right now the group hopes that a helicopter from a chinese ship can make it to rescue them. Apparently the only thing preventing that from happening is a blizzard. They are trying to march out the snow flat for a landing place for that helicopter. Passengers and crew still planning to ring in the new year with dinner, drinks and more singing. Glass half full. Reservoirs drying up and no rain in sight. California farmers are sounding the alarm. How the water shortage is already having impact on our food. Ringing in 2014 with a big bang. Highlights from new years eve around the world and what you wont see at the times square ball drop for the first time in a decade. Plus, another black eye for target. What you need to know about a glitch affecting holiday gift cards. ,,,, to give you an idea of how y it is san fra this year will go down as one of the driest on record for the state of california. To give you an idea of how dry it is, San Franciscos rainfall total this calendar year is a foot and a half below normal. The city has recorded less than 6 of rain. Kind of hard to remember that video there. Downtown los angeles had its driest year since 1877. The lack of rain doesnt bode well for the first snow survey in the sierra, which is set for this friday. These dry conditions are already putting the squeeze on farmers in the Central Valley. Kpix 5s mark sayre went to loss banos where they are already making plans to plant fewer crops. Reporter here on the vast expanses of land of bowles farming in a normal year tomatoes are the biggest colorado theres also alfalfa, cotton, corn, melon, almonds and onions. Temperature its in your Grocery Store it may begin its journey with unof these fields. Were concerned. Reporter he expects the federal government to cut back on his water allocation by perhaps 25 next year. Some other farmers using state water are expected to fare much worse. Its got a whole lot of implications for a lot of different people all different agriculture folks are concerned all the businesses in the valley are very concerned that is supported. All the workers are concerned. Its a big picture issue. Reporter only alfalfa is in the ground right now. Growers say an ongoing drought will have an impact for consumers. You will start seeing people not plant certain crops for a while and those prices will probably start to escalate. I think you can see Dairy Products escalating in cost. Reporter bowles farming and more than 300 other landowners are supplied water. The last numbers i heard around 2 weeks ago 8th driest year on record. Going back to the late 1800s period out of the Central Valley project and the state water project. Reporter bowles farming is installing sophisticated drip Irrigation Systems in many of its fields. The systems saved between 40 and 50 of the water used by the traditional irrigation method of simply flooding the fields. While this will not bring in more water from mother nature, it will help conserve the limited water that is available. If we have another year of dry highway drooling like this its going to hydrology like this, its going to devastate the economy. Mark sayre, kpix 5. Some believe the state needs to do more to collect and store water during good years to help offset drought years in the future. Well, out with the old, in with the cold. Crowds brace for a frigid countdown in times square. Whats different about the ball drop this year . And Online Shoppers getting an unexpected tax bill. Why you may owe california more money. ,,,,,, london welcomed 2014 with something more than just a visual spectacle. The sky filled with colors, sounds d sweet smells. Thats right the london welcomed 2014 with something more than a visual spectacle. The sky filled with colors, sounds and sweet smells. Thats right. There were smells from floating orange bubbles, peach snow and banana confetti. 3, 2, 1 happy new year tens of thousands of people in hong kong celebrating the new year watching fireworks over landmarks victoria harbor fired from the tops of 7 skyscrapers along hong kong island. 3, 2, 1 happy new year and sydney, australia, lit up the first moments of 2014 with more than 7 tons of fireworks. Folks down under celebrated with a 12minute light and musical spectacle. We are less than 4 hours until 2014 on the east coast. Lets go to the big apple. Live look at times square. More than a Million People braving frigid temperatures to watch the ball drop at midnight. Live music on stage right now. Cbs reporter Wendy Gillette at the crossroads of the world where the as you can see, celebrations are already under way. [ music ] reporter people come from near happy new year reporter and far to ring in the new year in the big apple. I came here 22 years ago and i wanted to bring my son. Reporter about one million revelers are expected to pack times square tonight but the Biggest Party of the year comes with tight security. Anyone entering the area on foot is checked for explosives and other dangerous devices. Becca and taylor came all the way from indiana just to be part of the crowd. Its the energy and we have new friends and everything. Reporter the crowd here is also dealing with falling temperatures. With the wind chill, it will feel like the teens by the time the big ball drops. Its freezing right here but, you know, its very hot in my heart. Reporter the star is the ball fitted with new crystals 12 feet in diameter and weighs nearly 6 tons. By our calculations theres about a billion people worldwide that actually see the Waterford Crystal ball drop on new years eve. Reporter Supreme CourtJustice Sonya Sotomayor a bronx native will do the honors counting down the last minute of 2013 and miley cyrus and robin thick are among the entertainers taking the stage. Wendy gillette for cbs news, new york. But for the first time in a decade, a new york city mayor will not be attending the countdown. Outgoing mayor Michael Bloomberg says he is going to spend it at home with his family and friends. [ closing bell ] stocks close out their best year in more than 15 years today. They rose on a strong Consumer Confidence reading likely to continue into next year. The dow was up 72 today to close at another alltime high. Its up 25 for the year. The nasdaq is up 38 for the year. And the s p gained 29 . Its the best annual performance since 1997. More trouble for target. Just two weeks after security breach, the company is warning shoppers about a gift card glitch. Gift cards bought over the holidays were not properly activated. The retailer says up to 40,000 cards could be affected. Customers can bring any cards to any store and it will honor them. Hundreds of thousands of californians are getting letters informing them they probably owe money to the states. Julie watts on the consumerwatch explains what this year end surprise is all about. Reporter like many people, martin makes the most of his purchases online. And now, california is trying to make sure it gets its share of those transactions. I got this letter from the state. Reporter earlier this week he said the state board of equalization sent him this letser warning he probably owed and would have to pay use tax when he files his tax return next year. Use tax is the same thing as sales tax. Reporter the state board of equalization says, use tax must be paid on all items that werent taxed at the time of sale. The easiest way to look at it is if im going to buy something from an outofstate retailer im not charged tax. Theres a good likelihood you will owe use tax. Reporter including items sold online or performed while traveling to other states or other countries. I dont think anybody has heard of this unless they are a tax lawyer. Reporter he says the letters are going out to californians who havent paid use tax in the past even though its been required since 1935 and the letters warn unpaid use tax from prior years is still due. I guess i was surprised they are going to all this effort. Reporter and just because you didnt get a letter doesnt mean you dont have to pay. But you dont have to dredge up your old receipts. The state has compiled this nifty tax table to help you figure out what you owe. For example, it estimates someone with a gross income of 65,000 a year would owe 32. It makes it very easy to comply by just using the lookup table. Reporter and martin says he will next year. Not the best present to get the day after christmas. Reporter certainly not. Now, there are penalties and interest if you dont pay. And keep in mind even if you pay a lower tax rate in another state, you still owe the difference between their tax and ours if use that item here. Use that item, get it . Use it. Just use the states use ta charts. They are telling us we owe it but we have to tell them how much . At some point they audit and then you will have to pay penalties and back taxes. And you owe the back taxes now if you havent paid previous years and they will get you for that, too. Especially if you buy an item over 1,000. Thats kind of the key marker there. But who is to say they wont start doing it for items under 1,000 . Who knows. In another year or so. Okay. Look for the letter. Thank you. We are counting down to the new year, brian. A lot of people going to see the fireworks over the bridges. I suppose you want good weather for that . I think we do. It makes it easier. Is that asking too much . We are going to have a nice new years eve around the bay area. A little chilly but nothing like new york. New yorks temperature right now is 32 degrees. Wind chills down to the teens. Bay area as we overlook downtown, concord 58. Oakland 55. Livermore 59. A few clouds out there but not bad. Santa rosa 57 degrees. Spare the air in effect right now. It will be in effect tomorrow, too, unhealthful levels of particular atlanta pollutant in the north bay and south bay and monitoring air quality elsewhere so no burning tonight and tomorrow. 2014, unseasonably mild tomorrow. Temperatures will range from the low 60s along the coast to the upper 60s inland and a lot of sunshine around. King tides will be in the background, as well. Topping out at 7. 1 feet at 10 40 a. M. And then the opposite happens tomorrow. Thats the highest one of the year by the way. Of course the year is only going to be onedayold. But the minus 1. 6 feet will be at 5 22 p. M. Tidepools exposed after sunset. So since we had a king tide of 7. 1 feet today we thought we would see what that looked like at the marina. Right there its not going to look like much because the marina is built on landfill well above sea level, not much of an effect there. Ill go take some video tomorrow. You will see how it affects mill valley. Satellite loop looks like this. High pressure abeam the bay area is going to put a lid on the pollution so we have the spare the air alert. Fair and mild all week as far as the eye can see. No rain this week. No rain next week. And continued warm temperatures for the bay area. We are about 10 degrees above average inland. Pinpoint forecast, we have partly cloudy skies for the great valley. At sfo tomorrow, heading out it looks good. Winds 15 miles an hour. New york some snow though by tomorrow. And 34 degrees. Chicago and denver snow, as well. Pinpoint forecast, look at oakland 11 degrees above normal with 66 degrees tomorrow. 64 at concord. 60s does it bay area wide. And in the extended forecast, we go to the mid60s and keep it there. All the way through the weekend, a few clouds from time to time. But nothing in the way of rain. Next monday and tuesday, we cloud up a little bit but no rain will fall. Not in the first two weeks of 2014. And this is the rainiest month of the year, january. Dire. Yeah. Doesnt look good. Thank you. A priceless reaction. How this woman made daytime tv history on the price is right. , a front row seat anyway. The jahnke family fans of the rose parade are staking out their turf on colorado boulevard in pasadena. Those who want the front row seat anyway. One family is hard core about it. Dad says his side of the family has been coming for more than 30 years and passing on the tradition to his kids. This year, sidewalk chalk drawings show mom, who is 8 months pregnant and the soonto be born brother or sister. At noon, you can set up your stuff on the sidewalk and stake your claim and then at midnight tonight we get to move out to the blue line. The family will sleep on the sidewalk. They say they have plenty of provisions including lunchables, gatorade and more lunchables. The game show the price is right gave away its most expensive prize ever. You got it [ applause and cheers ] a woman from Tacoma Washington started taking a victory lap after winning an audi worth hundreds of thousands. Now for a look at whats ahead on the cbs evening news. Maurice dubois is in new york tonight. Reporter a railroad tanker explosion leads to calls for changes in the way oil is transported across america. Well have details tonight on the cbs evening news. ,,,,,,,,, suspected bank robber. Busd right outside our building. Remember this guy . What we found out about a suspected bank robber busted right outside our own building. And its a hightech twist on an ageold tradition. How bay area revelers are pulling off a big new years eve bash on a tiny budget. That and more tonight at 6 00. Cbs evening news is next. Captions by caption colorado comments captioncolorado. Com dubois tonight, the bitter end temperatures in the north on this final day of the year, but theyre not stopping revelers planning a warm welcome for 2014. Weve never seen so many people in one place. It is unbelievable. Dubois a railroad tanker explosion that forced hundreds out of their homes brings calls for changes in the way oil is transported across america. Jeff pegues has the latest. The final numbers are in. Don dahler tells us this was the best year for the stock market since the booming 90s. And chip reid with american vets strumming away their pain. Im loving life again. Its done a lot of good things for me. Captioning sponsored by cbs this is the cbs evening news with scott pelley. Dubois good evening. Scott is off tonight. Im maurice dubois. Reporter the girls mother