The center of gravity is so high when you load up Something Like that. My baby. I bought it brandnew 16 years ago. I cant believe its full of rocks like that. Reporter is there anything salvageable in there . Maybe my sleeping bag. Ha. Accidents happen. Thats life, you know . Thank god no one was hurt. The first thing that went through my mind. Reporter construction crews are wrapping up their work right now. They had a lot of extra work to do because they had to pick up this gravel. 45th avenue back open but it was shut down for hours. Reporting live in San Francisco, joe vazquez, kpix 5. What a mess a close call at ocean beach in San Francisco this afternoon. Its all cleared now, but there was quite a scene just a couple of hours ago. The coast guard was out here training at the beach when it saw a swimmer running into trouble. The helicopter just happened to be in the area and was able to pluck that swimmer out of the water. The man was taken to the hospital and is expected to be okay. Fremont police are looking into how and why a womans torso was found in bay area marshlands. A fisherman found it sunday night near the dumbarton pier. Investigators say the womans arms, legs and head appear to have been severed from the torso. The Alameda CountyCoroners Office is working to determine a cause of death. Neighbors are complaining now the mayor is listening. He says the homeless tent city in San Francisco has to go. We gave you a tour yesterday. 300 tents on division street in the south of market neighbor. They have 72 hours to leave. Many are encouraged to relocate to a shelter just opened at pier 80. What will come on site is already programs like project connect, counseling of course, and some of the buildings that we already see are happening as well as welcome format where people can sleep but also have their belongings. Currently there are about 25 spots available at pier 80. The city is also working on clearing encampments on 16th and market streets and 18th and sanchez streets. An oakland Cambodian Buddhist temple goes up in flames and firefighters say they know what caused it. Fivealarm fire started at 2 a. M. The monks who live there say 1,000 celebratory candles were left on overnight. Eventually, one of them spread causing the all wooden building to ignite. It quickly spread to the rear of the structure that was on fire as well as to the house to the right of it so we had at one point three structures going and we also had some sheds in the rear as well as cars going. The fire caused irreparable damage to the building but the monks who live there say they will quickly rebuild. Crews rescued a man who cant walk from a house fire in fremont. The fire started around 6 00 this morning on hughes place near farwell drive. When firefighters arrived, they found the man confined tie bed in the living room. He was transported from the house safely but had smoke inhalation. Investigators believe the fire was caused by an electrical problem. And we are getting new details on the rules dog owners will have to follow at some of the most popular bay area parks. The changes have left many owners howling and growling as you might expect. Kpix 5s emily turner is at crissy field one place that could be in for a big shakeup. Reporter a big shakeium. In fact, where im standing right now, east beach is probably the biggest. Right now as it stands, you can bring your dog off leash on to east beach. But under these new proposed rules there wouldnt be any dogs allowed at all. The dog debate is all about common ground. First finding it, then divvying it up. The result is a reduction in offleash dog areas in Golden Gate National recreation area. Its just not only great disappointment. But its very disturbing. Reporter Martha Walters with the Crissy Field Dog Group is not happy about the changes. In fact, few dog owners are. But park spokesman Howard Leavitt says it has to account for people who dont want dogs when making the rules to keep the park accessible to everyone. We have to bear in mind the spectrum of uses at the same time as we have to protect park resources. Reporter the different points of view want access to the same spot p and those spots will see the biggest changes. At crissy field, off leech areas which are in yellow on the map have been reduced to Central Beach and a portion of the airfield. Blue is the on leash area. Only 40 of fort funston will be off leash now and several other beaches like muir beach have gone from off leash to on leash only. The changes still leave the gdnra as the most dogfriendly of the national parks. But they also create plenty of enemies. Both sides agree that the pursuit of a compromise might end with a lawsuit. Its a setup for failure. This regulation is a setup for failure and well definitely challenge it. Reporter you can weigh in with your opinion on these proposed rules starting tomorrow and lasting for 60 days of comments to go to the public hearings or to find out how to weigh in without going to them, go to the dgnra website. Emily turner, kpix 5. Another case of an uber driver in trouble with the law. This time, the driver is accusedded of losing his cool at accused of losing his cool at San Jose International airport. Kpix 5s kpix 5s veronica de la cruz is in the newsroom with those details. Veronica. Reporter yeah, ken. This happened last thursday and we just got some photos about 30 minutes ago. Police say the uber driver was spotted speeding through the airport dropoff. A witness decided to follow him until he stopped outside an airport rental car facility. When confronted, police say the driver got out and roughed the man up. The victim snapped a picture which may have led to the scuffle. He drives a White Mercedes and is being described as a white man in his 40s. Anyone who recognizes the driver is asked to contact the San Jose Police department. Were following breaking news from central california. A magnitude 4. 9 earthquake in the san joaquin valley. It happened less than an hour ago 23 miles northwest of bakersfield near was ceo in kern county. No word on the damage or injuries. Well update you. Microsoft cofounder bill gates weighing in on apple versus the fbi. Coming up, his take and how apple supporters are. And an honest mistake leads to a pricy headache. Consumerwatch reporter julie watts helps a bay area couple with a disability who were ticketed for using a handicapped placard. More women in the u. S. Being diagnosed with zika virus. Why these new cases are getting husbands in trouble with their wives. ,,,, behind apple with the simple message dont break our phones. This evening people will be rallying behind apple with a simple message. Dont break our potential. Rallies in support of apple are being held around the bay area tonight. Apple is challenging a court order brought on by the fbi that would require the company to create a back door on at least 14 devices including the iphone of the San Bernardino shooter. Apple supporters say creating special software for the fbi would be an attack of Civil Liberties and put other apple users at risk. Bill gates is chiming in on the complicated issue saying, its not black and white. Other bay area headlines tonight. A man was struck by a train in berkeley. It happened this morning at the gilman street closing. Its not clear why the man, who was visually impaired, was standing on the tracks. He was taken to the hospital. No word on his condition tonight. A driver busted for a carpool violation touched off a brief chase across the bay bridge. Cell phone video captured the aftermath. An officer tried to stop the man at the toll plaza but he sped off. The driver spun out near the tunnel and took off on foot but was later caught. Two juveniles have been arrested in two armed robberies at an east bay mall. A third suspect is still on the loose. Those robberies happened in the parking lot of the stoneridge mall in Pleasanton Police have increased their patrols at the mall. Forget cash or cards or even paying with your smartphone. Coming up, why taking a selfie could become the new way to pay in the future. Nothing but sunshine throughout the bay area once again today. Many of you exceeding 70 degrees, five to 15 degrees above average. Goodlooking evening but now what would look better . A little bit of rain mixed in, too. Find out when we may get rain coming up. ,, baseball on tv in background with Heart Failure, danger is always on the rise. Symptoms worsen because your heart isnt pumping well. water filling room about 50 percent of people die dog whimpering within 5 years of getting diagnosed. But theres something you can do. Talk to your doctor about Heart Failure treatment options. Because the more you know, the more likely you are. dog whimpering to keep it pumping. Tonight over the death of an inmate at one of its jails. The family of Mario Martin Alameda counties now facing a lawsuit over the death of an inmate at one of its jails. Family of Mario Martinez announced legal action on the courthouse steps in oakland today. They say the county and the Health Provider it uses did not provide adequate care. Martinez was being held on attempted murder charges. The family Attorney Says jail officials knew that he had asthma and nasal polyps but the equipment guards could have used to save martinezs life didnt work. He died last july from breathing complications. When reasonable medical care could have easily been administered that would save this young mans life, thats the horrible part about it and thats why this family is so outraged and hurt and painted. The county says it cant comment on the allegations in the lawsuit until it sees them. Senate republicans are leaving no doubt, gop members of the Judiciary Committee say there will be no hearings and no vote on president Obamas Supreme Court nominee. They argue the choice should be left to the next president. Democrats are promising to bring political pressure on republicans to get them to back down. President obama is dealing with opposition to another issue today. He revealed his proposal to close the detention facility at guantanomo bay in cuba. Prisoners there would be transferred to 13 facilities in the u. S. Lawmakers from those states have opposed the plan along with Many Republican leaders. Its counterproductive to our fight against terrorists because they use it as propaganda in their efforts to recruit. Moreover, keeping this facility open is contrary to our values. The proposal would fulfill a promise that mr. Obama made during his first president ial campaign in 2008. This evening republicans in nevada are heading to caucuses. Billionaire donald trump is the heavy favorite. Cbs Danielle Nottingham reports, the voters have been unpredictable in the past in nevada. Reporter donald trump had one last rally before the nevada caucuses. He said theres only one waco lose. We have tremendous poll numbers here but you never know. Dishonesty could knock out a poll very quickly. Thats the only way we lose. Reporter marco rubio was up early this morning looking for a surprise win tonight. Im asking to you vote for me tonight because i will win. And the democrats know i will win. Yes. They spend more money attacking me than any other republican. Reporter the son of a maid and bartender who work here on the strip rubio lived in las vegas for 6 years as a child and has plenty of support here. He can bring people together and that hes what our country needs right now. Reporter but rubio and ted cruz trail trump in the polls by double digits. Cruz is not safe. He urged supporters to recruit friends to caucus tonight. If every one of you here gets nine other people to show up tonight, each of you will have voted ten times. Reporter cruz is looking to get back on track after he fired his Communications Director for tweeting a false news story about rubio. 30 gop delegates are up for grabs in tonights caucuses. Danielle nottingham, cbs news las vegas. Right now, the candidates are asking questions from voters on the democratic side. Hillary clinton and Bernie Sanders are participating in a town hall in columbia, south carolina. Democrats in the palmetto state will head to the polls for their partys primary this saturday. Well get our first look tonight at plans to tear down a stretch of 280 through San Francisco reshaping the south of market neighborhood. The freeway would end at mariposa and caltrain rail lines would be rerouted. The city says that removing the 280 extension would clear the way for more housing. It would also get rid of an antiquated elevated freeway. On the flip side it could be big changes for people who commute into San Francisco. Either way, it would be years before this project becomes a reality. Its no secret, there are many cases of people illegally using disabled parking placards. But consumerwatch reporter julie watts has the story of how an honest mistake led to a huge fine. Reporter mario and alice beltre understand why they got a ticket. It was an absolute honest mistake. Reporter they just dont understand why the city is making them pay it. The placards look the same. Reporter instead of using his wifes current disabled placard, the retiree says he accidentally hung the expired one from the rear view mirror. I put it in the pocket of the car. And then when i parked, because we were late, i just simply put my hand in the pocket and pulled out a placard, not really looking at it. Reporter they returned to find an 875 ticket for using an expired placard but even providing proof they had legally the right to park their appeal was denied. Paul rose of the sfmta defends the agencys decision to uphold the fine. The law is to prevent people who are not disabled from parking in a spot. Its the rule. And its what the law is. The San Francisco is not looking at this objectively or fairly. Reporter a recent survey found San Francisco is the number one city in the nation for parking violations. Nearly one in four residents got a fine in the last year. What greater good comes of charging this couple 800 other than putting 800 in the citys pocket . Mistakes do happen and thats why we have the review process in place. Reporter a process that twice denied their appeal in spite of an inperson hearing and evidence. Beltres next stop, californias superior court where he will get another chance to make his case. Its the sort of mistake that once you make it, you dont make it a second time. Reporter now, rose points out about a third of the people who complete the second level review do eventually get their tickets dismissed and there is rampant abuse of handicapped placards in San Francisco. Its estimated about 60,000 people have them. About the same number of immediate metered spots in the city. About the same number of metered spots in the city. Julie watts, kpix 5. One need only walk outside to get the feel. But its already time to start thinking about baseball season, right . Opening day about 6 weeks away. The as and giants are in the desert already getting ready. The giants held their first full team workout today. Vern glenn is in scottsdale this week. No doubt at don and charlies relaxing right now. [ laughter ] coming up at 6 00 he will give us our first look at the giants and how its their homegrown players who could make a difference this season. Well look for that. Good baseball weather today actually. Good day to be outside. It was hd, gorgeous. It was wonderful. They do spring training in arizona and florida because you have to get away from the cold. You could do that hear. Last time i checked its not that cold. It is perfect. Its not too hot. Not too chilly outside. Just right once again. Lets take you outdoors. It is going to be a fantastic sunset look at the character of the cirrus cloud cover in the sky. As soon as that setting sun hits that the sky is going to explode with colors. So get your camera or your iphones ready. Sunset just after 6 10 this evening. San francisco at 70 degrees. Otherwise very comfortably in the upper 60s. Oakland and santa rosa 67. But heres the flip side to all of this. Necessary rainfall simply is not falling here. But i want to show you a map to show you where the rain is falling. Its not for a lack of the storms. The problem is we have a strong ridge of High Pressure which for the past month has sent the storms to the north. Look at seattle. 153 of average for the water year. Their wettest winter ever. Redding is above average as is mount shasta. We are sitting just 15 below average in San Francisco but look at los angeles, only 54 of normal so far this winter so the problem has been the storms have been kicked to the north. For california, way too far to the north. Fremont that degrees tonight. Lived 45 degrees tonight. Livermore 42 degrees. Cold inland including santa rosa down to 39 degrees. Along the beach tomorrow waves building swells up to 14 feet so a High Surf Advisory from top to bottom. All our bay area beaches and the strong risk of rip currents tomorrow. Would not be surprised if that gets extended until thursday. So we talked about a ridge of High Pressure taking the storms to the north. This is the current state of the atmosphere. There is a ridge of High Pressure taking the storms to the north. It has been the case for the past month. Well continue to it be the case for the next couple of days so the storms are there. They are just not making it into Northern California. That is going to change. Towards friday and the weekend, that ridge will slide to the south allowing the rain no rain line to move south of the oregoncalifornia border. Towards mount shasta they will get rain. The north bay has the best chance of rain. But the majority of the bay area through the friday and sunday storms, not much. Dont cancel your outdoor plans. Clear, cool tonight. Sunny and warm 70s again tomorrow. 70s again on thursday. And a tiny chance of showers on friday mainly in the north bay. We are putting a number on it. 20 chance of showers on friday. And thats it. 70s tomorrow Oakland Livermore fairfield napa. 72 comfortable degrees in napa. Sunshine in San Francisco tomorrow another day, february day, in the 70s. Thursday equally as warm and sunny. Friday a chance of showers but well be cooler and cloudier and over the weekend well also be cooler and cloudier, cooler a relative term and by the middle of next week here comes the ridge. Its kind of tough. The past several years there were no storms. Now they are stronger. Now they are juicier. But they are getting blocked to the north and other parts of the country which frankly dont need the rainfall. Right. They are the ones getting it. Seattle does not need it. We need it. Ship it down here. Choir preaching. [ laughter ] if we can get it here if that can change in march that will be wonderful. Hopefully. Thank you. Working out and alcohol dont usually mix. But one Northern California woman is trying to change that with wine coming up. But first the markets were down today. You, thout traveling t federal Health Officials say 14 more people may have caught the zika virus in the u. S. Without traveling to the affected zones. The cases involve men traveling to the affected zones and weeks later a Sexual Partner develops symptoms. A lab in galveston, texas is working with brazil to find a vaccine for the zika virus. The National Institute of health said there could be a vaccine by the end of next year. We have heard of self checkouts but now mastercard is introducing selfie checkout. Heres out it works. When buying something online, instead of typing in a password you snap a selfie. Credit Card Companies have already adopted fingerprint security and they say face recognition is the future of fraud prevention. There you go. Lots of people whine while they work out but one works out with wine. You should get into this. Maybe. The Redding California woman is a viral video star after posting a 15 second clip. In it she use wine bottles as weights and a glass of wine as motivation for pushups. You could call it a full bodied grape workout. I saw the wine there and im like you. That would be funny to incorporate wine into the workout video. She plans on posting more of these spirited workouts on her facebook page. You could lift up wine cases. Stack them up. A good workout. Back after this quick break. Stay with us. ,,,,,,,,, newsroom. New at 6 00 tonight a desperate solution to im allen martin in the kpix 5 newsroom. New at 6 00 tonight, a desperate solution to soaring rents. One bay area city is turning to cars. The plan to make it easier for people to sleep on the streets. And the local landmark destroyed all for the sake of a perfect instagram photo. Well talk to the photographer those stories and more tonight at 6 00. Thats it for the kpix 5 news at 5 00. The cbs evening news with scott pelley is next. Allen and veronica will see you back here at 6 00 and remember, we have the latest news and weather, always on cbssf. Com. Captions by caption colorado comments captioncolorado. Com pelley dangerous weather hits the south. Millions of people in five states are on alert for tornadoes. Also tonight, more cases of zika in the u. S. , spread by sexual transmission. Apples lawyers say unlocking the iphone of a terrorist is a slippery slope. Apple knows how to do lots of things, but it is not an employee of the united states. Pelley and, who let the dogs out . Wait till you see. Captioning sponsored by cbs this is the cbs evening news with scott pelley. Pelley this is our western edition. A tough day is turning into a rough night in much of the deep south. Multiple tornadoes have been spotted, as well as a water spout, near new orleans. Weve been told