the newspapers across the country where they land explaining what happened, why it happened. >> reporter: now, he did receive an apology call from the airline after we contacted them today and they also offered to upgrade one of his flights to first class. but he still wants that national public apology. virgin sent this apology to its frequent flyers through this period and offered each a free roundtrip ticket and waiving all cancellation and change fees and added a new call-back option to its customer service number but something to note there allen, you don't want to ask for a customer representative more than once because it sends you back to the beginning of the queue. >> thank you. san jose police are on the hunt for a man they say carjacked two cars and escaped in a cloud of smoke and the smell of burning rubber. cbs 5 cameras were the only ones on scene as the suspect's car came tearing through this intersection. police put the neighborhood on lockdown while they combed the area for the suspects. mark sayre is in san jose with where the search stands now. >> reporter: a dramatic day for residents in this neighborhood. they were in a shelter in place when the that's when the suspect the police were looking for committed a second carjacking right here from the house behind us. you are witnessing what san jose police believe was the second carjacking in this case, the driver taking off north on seven trees boulevard, running a red light and was nearly hit by a crossing truck. [ sirens ] >> reporter: san jose police in both cars and on motorcycles took off in pursuit just a few seconds later. witnesses say it was like nothing they had ever seen before. >> i seen that car take out of that garage, went through that grassy knoll, hit the police motorcycle. the officers were lucky they didn't get run over because there was a lot of them in the area. >> reporter: there was not an officer on the motorcycle at the time it was hit and no officers were injured. the series of events began around 8:45 this morning when san jose police were called for assistance by milpitas police. milpitas detectives were in pursuit of this man, 31-year- old jerrick brown in connection with a carjacking from two weeks ago. brown ditched a silver bmw he was driving, ran into a nearby neighborhood and hid for a few hours as a police s.w.a.t. team went looking for him. that's when the second carjacking occurred. >> during the search at some point we were able to confirm that the suspect broke into somebody's house, was able to get their car keys away from them and the individual came running out of his garage trying to flag down the police. he was armed with a golf club, probably for self-defense. >> reporter: jose lives next door to where the second carjacking took place. >> i was scared for my daughter. i been living here a long time around first time in my life i see something like that happen. it's not safe place anymore, i guess. >> reporter: the daughter of the man--the daughter of the man who lives in the house says her father was shaken up but not injured. the man they are looking for should be considered armed and dangerous. mark sayre, cbs 5. new tonight a grand jury has indicted the woman accused of killing an east bay nursing student. michelle le disappeared during a shift at the kaiser medical center in hayward. le's high school friend, giselle esteban was arrested after cell phone records placed both women where le as body was found. the grand jury indictment moves this case forward. esteban is pregnant and missed several court dates due to medical complications. a national embarrassment. that's what san francisco mayor ed lee is calling last night's blackout at candlestick park. the lights went out twice during the game last night. several agent sits melt today and offered some explanation for what happened. linda yee on what they found out and what they are saying. >> well, level meetings late this afternoon between pg&e officials and the state public utilities commission as well as city fire officials, the mayor ordered protocols and oversights in place to make sure what happened here last night, that blackout at candlestick, doesn't happen when the 9ers go into the play- offs next month. it was a fireworks show no one wanted. one of two main circuit lines feeding 2,000 volts of power into the stadium failed plunging candlestick park into darkness minutes before kickoff. >> obviously, we all experienced kind of a national embarrassment for had to happen. >> reporter: this afternoon, investigators with pg&e and the california public utilities commission examined the power line that's now been repaired. they know what happened. >> it was unfortunately one of the power lines separated from itself. what happened is, there's something called a splice and it essentially is like a chinese finger cuff. it gets tighter and tighter over time and binds the two ends of a power line together. >> reporter: how the line failed is still under investigation and they still don't know what caused the second blackout during the game about an hour later. inside the stadium, the city manages the backup switches that failed too. is it possible the city switcher could have been the issue? >> there is a possibility of almost anything. we don't want to speculate. but again, there's surely something was happening inside the stadium also. we wanted to make sure what we did on our part was the best possible. >> reporter: this happened at the worst possible time. a monday night football audience pitting the 49ers against the pittsburgh steelers in a city doing all it can to keep the niners from leaving town for a new stadium in the south bay. >> obviously, the city was embarrassed. obviously, we apologize to the 49ers for this happening and mr. york was very understanding. >> reporter: mayor, this can't help your case to keep the 49ers in town. is this sort of the nail in the coffin? >> well, again, this was electrical service to the stadium that failed. and so, you know, our offer is completely separate. our offer is to build a brand- new stadium. >> reporter: during the blackout police say the fans behaved. >> we did not have any crime associated with that. we had the normal number of drunks and other minor violations. >> reporter: you're looking at the problem power line which feeds into the stadium. that shiny one in the middle of your screen is the one that was replaced after it arced. the mayor as you can tell said in a nicest possible way how disappointed it was to be embarrassed. they will meet again next month with a national audience watching them in the play-offs. >> thank you. pg&e back pedaling on its smartmeter policy. the utility now proposes an "opt out" program. under that plan, customers who still have one of the old analog meters would be able to keep it. those who have a new smartmeter could opt for an old one. but it would cost $270 up front as well as $14 per month. >> should they choose not to participate in the program that they had the meter of their choice on their homes because that's what's important to our customers and we want to make sure they get that. >> the public utilities commission still has to approve the plan. pg&e is trying to recover from a pr hit last week where it cut off power to customers who complained of health problems base of smartmeters and removed those meters on their own. the palo alto city council wants the state's high-speed rail project to be terminated. in a unanimous vote the council adopted language formally opposing the $100 billion project. the council cites ballooning costs and a long delayed completion date. and california's oldest pot club is out of business. marin alliance for medical marijuana in fairfax quietly shut its doors this weekend. the landlord says a new federal crackdown forced her to evict them. the debate is under way right now. the aggressive new tactics city council is pushing if protestors try to shut down the port of oakland again. a whole different world. >> i wouldn't go near it. >> even an action star can't compete with these waves. the hollywood actor had had to be rescued at mavericks. ♪ i'm having a blue, blue christmas without you ♪ and the bay area's store with one of the most unusual shopping sound tracks you have ever heard. ,, oakland. million twice in less than two months protestors shut down the port of oakland. well, millions of dollars in revenue were lost and now some city council members say enough. christin ayers in oakland to explain what they want to do to be sure it doesn't happen again. >> reporter: the resolution on the table inside city hall would mean a tougher response to port of oakland protestors and potentially more clashes with police. >> reporter: for "occupy" protestors it was their latest victory, a massive martial and -- a massive march and partial shutdown of the port of oakland last monday, up to $8 million in wages, taxes and business revenue lost. and just two protestors arrested. >> i don't think that oakland has the luxury to continue allowing this type of a shutdown to continue to happen. >> reporter: city officials say they are fed up. oakland is the only port in the nation that has been disrupted twice in the past six weeks. >> that sends a strong message to our business partners that they can't rely on oakland and that means they may take their business and along with that business those jobs elsewhere. >> reporter: port officials say a handful of major corporations are already uncomfortable showing signs of moving business to other west coast ports. it's why city councilman ignacio de la fuente co- authored this resolution up for a city council vote tonight opposing any purposeful upcoming or future port of oakland shutdowns. it also calls for the mayor to use any and all legal avenues to stop the port shutdown. >> that means that you have to arrest people and to get them to abide by those rules. that's the way it is. >> when we read between the lines it looks like the city council is really condoning increased enforcement and police presence at future rallies. >> reporter: that she says is unacceptable. her organization, the east bay alliance for sustainable economy, has helped to educate "occupy oakland's" members in the port's role for facilitating profits for major corporations but the port of oakland says their reputation is on the line and one more protest will be too much. >> too much for this community and port, too much for the workers that rely on this port, the 99% who work in this port every day. >> reporter: mayor quan has declined to push for tougher enforcement up t now. i asked her if she supports this resolution. she said "it's complicated." christin ayers, cbs 5. a small victory for a bay area community locked in a big fight with its water provider. the puc says golden state water overcharged customers across california. so the private utility will have to refund more than $1.5 million to customers in bay point and lower rates there. refund million-dollar fines and rate drop aside, golden state water is still asking for another rate increase there. a decision is expected next year. actor gerard butler is recovering tonight after being hammered by giant waves at mavericks. he was pulled under water while filming a true story about a surfer. patrick sedillo with more on the rescue that proves not even hollywood star power is a match against those powerful waves. reporter: it's the talk of the town, half moon bay buzzing with the news that hollywood star gerard butler was nearly killed by mavericks' massive waves while filming his new movie "of man and mavericks." >> definitely in shock. >> he got held down for two waves, huh? i mean, that's just unimaginable to me. >> reporter: the 42-year-old actor was filming a scene when he was pulled you understand by a wave. he was rescued by the production company's safety crew. >> we heard a call come in on the sheriff radio and we responded to the launch ramp, where the water safety team from the movie, they are shooting at mavericks, escorted a person in. the person checked out with the fire department and i think they brought him for further observation to a nearby hospital. >> reporter: the world-renowned surf spot has come under scrutiny in the past couple of years first when a renegade wave wiped out a crowd of onlookers in 2009. butler's wipeout apparently happened in the same spot where eight months ago a famed surf -- surfer died. locals say the water is treacherous to say the least. >> time i got held under and dragged along the bottom, smacked my head against a rock. it was pretty bad. then got held under again. you think you're popping up and go under again. it's intense. >> even if you're filming a movie, you still have to be aware of how big these waves in northern california can get. sometimes people underestimate that. i can paddle out at malibu, then i can paddle out at mavericks? it's a whole different world. >> i wouldn't go near it. >> reporter: butler is expected to make a full recovery and the movie will resume production after the holidays. the surf competition begins here early next year. in half moon bay, patrick sedillo, cbs 5. a deadly snowstorm moved from the southwest and is hammering the midwest and causing problems for travelers. blizzard warnings have been issued for several states including colorado and texas. at least 7 deaths are blamed on the storm. so far, the storm doesn't appear to be causing any big problems at airports but that could change tomorrow. there's a new storm moving into colorado and the bulls is on denver. the weather here milder but winter is coming tomorrow. >> winter arrives at the 9:30 tomorrow. we know that by looking at the calendar. other than that temperatures today were averaging anywhere between 2 and 9 degrees above normal. santa rosa 65, average high 56. right now in the city of san francisco, 52 degrees. clear skies. now, here's what you really need to know about tomorrow. first off it will be the 8th winter "spare the air" day of the season for the bay area, which means tomorrow for 24 hours no burning allowed. other notable numbers at this hour trailing off quickly into the 40s. it is 53 degrees in san jose. we do have widespread frost tonight. last night at the airport in napa, bottomed out at 26 degrees. otherwise, it was in the low 30s in santa rosa backing through sonoma. we do have no rain in the forecast all the way through christmas. tonight overnight 29 in santa rosa, through pen grove. napa up 20s. 37 degrees in santa clara valley. below freezing throughout the tri-valley and 40 in mountain view. tomorrow's highs very similar to today in the 60s for the most part. we'll squeeze out 59 in fremont, milpitas and union city as well as bodega bay. the extended forecast again no rain in the forecast until actually tuesday. we have a chance of rain showers developing in the north bay at that particular time. meanwhile for christmas, clear skies, 57 degrees at the coast, 63 inland. that's the pinpoint forecast. we have the full-on extended version still coming up later on. >> thank you. a bay area market with one of the most unusual holiday traditions we have ever heard. >> and the toy giveaway so popular, police were called in for crowd control. twice. that's in two minutes. drew the biggest crowd the church has ever seen. people a toy giveaway at glide memorial church in san francisco today through the biggest crowds the church has ever seen. people began lining up yesterday afternoon before the doors opened this morning. some parents say these are the only gifts their children were get this year. >> it would be cool to get a bunch of free gifts and to know that people like want to spend money and help us. >> still seeing a high volume like today, you know, we're already around the block which in years past it wasn't that long a line. >> police were called out twice for crowd control. glide gave away more than 8,000 gifts. this time of year getting into the holiday spirit while running around shopping, wrapping and cooking can be a challenge. >> so if you want to conquer your inner grinch, mike sugerman suggests an unlikely place a busy san francisco grocery store. ♪ [ music ] >> reporter: lots of people like to sing at work. [ singing ] [ in italian ] >> reporter: bob silvestri is only one of the hams at the deli and isn't shy. >> here we are, folks, the holidays are fast upon us. >> reporter: checker ed rogers takes it one step further ♪ i'm having a blue christmas without you ♪ >> reporter: ed rogers several times a day if the mood strikes picks up the intercom and belts out blue christmas. >> ♪ decorations of red on a green christmas tree ♪ >> about 10 years ago i just did it just to -- on a lark. if i didn't sing it well, i would have got fired. >> reporter: after 24 years at this store there was little worry about that. some might think he is nuts. >> people get closer to the holiday, you know, they get too serious. you just break out into a song like that catches them off guard and all of a sudden they are smiling and latching and stuff. it helps. >> reporter: it's always the same number and now a seasonal tradition. and it's hard to feel crabby after hearing it. >> i love it. i was looking forward to. i was hoping i'd get to hear it today. >> merry christmas. >> made my day. >> i'm glad. that's the whole point. ♪ blue christmas >> reporter: showtimes vary. like we say, when the mood strikes. >> we can sing in the glow of a star that i know ♪ >> reporter: if you miss it this season, come back for a couple of months hang around the deli market. >> i do the whole thing in february on valentine's day. >> reporter: just have to nudge ed away from the intercom. mike sugerman, cbs 5. i'm ann notarangelo in walnut creek where they are enjoying an economic rebound. i'll show you the sign city leaders say point to a brighter 2012. the clock is ticking. time is running out. >> one republican calls it high stakes poker but it's your money that's on the line. the new action that should have you bracing for a smaller paycheck by new year's. facebooker. that's not the plot of the movie. that's how hackers, remote control helicopter and former facebooker. that's how the movie got made. how this bay area film is about to change the movie industry. keurig has over 200 varieties from 20 leading brands, including tully's. it's the way to brew everyone's favorite cup in under a minute. way to brew. just in time for the holidays. the city of walnut creek appears to be back in business our top story at 6:30, just in time for the holiday, the city of walnut creek is back in business. it took a big hit during the recession but ann notarangelo reports, local business owners are seeing a lot of green this shopping season. >> reporter: elizabeth, when people think about shopping in walnut creek they often think about broadway plaza but if you go north, there are all sorts of streets with distinct restaurants and shops. but those shops took a big hit during the recession. there are many signs there's about to be a rebound. >> the weekends are booked. >> reporter: if you didn't have a reservation today, you weren't getting in at cyprus. they were booked solid. >> we have been very well received by walnut creek and the area. very happy with our progress. and really looking forward to the future. >> reporter: rick gambled on the future opening his restaurant during uncertain times in a city that couldn't avoid the direct hit of the recession. walnut creek is more than the well known broadway plaza retail hub and to the north, as the economy got worse, vacancy signs skyrocketed. >> we had some real indicators 2.5 years ago that things were changing and not for the better. so now we're seeing things changing for the better. >> reporter: the city's retail is at 97% occupancy. and the parking garages are filling up. there's clearly more traffic on the streets, more building and planning applications being taken out and private money is investing in the city. >> you're seeing major renovations in restaurants and that's a very expensive rehabilitation and we're very excited to see that. >> just that general atmosphere. people kind of decorating. >> reporter: patsy wilkinson is a long-time business owner and sees the infusion of energy. people are spending more money in the city. >> when we're busy, when i talk to my buyers, they also say you're busy but everybody is busy. so it's across the board in the city of doing well. >> reporter: other prosperous signs, the construction zones, nieman marcus set to open in the spring. rick hopes he positioned himself so when the turnaround is universal he is ready. >> really starting to become something amazing. my dream's come true. >> reporter: another enviable position the city finds itself in is more businesses want to relocate to walnut creek than they have room for so they can be choosey. the big question is, is this rebound going to be permanent? in walnut creek, ann notarangelo, cbs 5. today marked the best day on wall street this month. the dow was up 337 points, almost 3%. the nasdaq climbed 80. stocks soared higher on a combination of good news in u.s. and in europe. housing starts in november rose 9.3% of their highest -- to their highest level in a year and a half thanks to a big boom in apartment building construction. and across the atlantic we have good news in the form of spanish borrowing costs going lower and rising german business confidence. we have seen this back and forth with europe over the past year and a half but right now, we'll ride that good news while we have it. >> also fueling today's rally, sales at u.s. stores that have been open at least a year rose nearly 3.5% last week. one house republican calls it high stakes poker. the house rejected a senate plan that would have extended a tax cut into the new year for millions of americans. danielle nottingham reports congress is running out of options and it's almost out of time. >> reporter: the people's business is at a standstill on capitol hill. the house rejected the senate plan to extend the payroll tax credit for just two months. the senate's bipartisan compromise guarantees the tax breakthrough february. house gop lawmakers say they will only vote for a year-long extension. president obama argued the senate's plan is the best choice at least for now. >> they went ahead and did the right thing. i need the speaker and house republicans to do the same. >> i need the president to help out, all right? >> yeah! >> reporter: the speaker wants the president to call senate democrats back to washington for talks. >> we have done our work for the american people. and now it's up to the president and democrats in the senate to do their job, as well. >> reporter: the clock is ticking for lawmakers to find a way forward. if they don't, the tax break that helped 160 million americans will expire at the end of the month. that means workers will see about $20 less in their weekly paychecks starting january 1. >> we have to remove all doubt that this tax cut will be there for the middle class. >> reporter: house members voted to send the bill to a special committee to hammer out differences with the senate. but the senate's top democrat says he is not going to negotiate again unless the house passes the senate's plan. danielle nottingham, cbs news, washington. more americans approve of the way president obama is running the country. a new cnn poll shows his approval rating now stands at 49%. that's up 5 points from last month. congress, however, is faring worse. only 16% of americans approve of the way congressional leaders are doing their jobs. california attorney general kamala harris is suing mortgage giant fannie mae and freddie mac demanding answers. it's part of the state's investigation into the collapse of the housing market. those two own nearly 60% of the state's mortgages and have foreclosed on thousands of properties. harris also says she intends to find out what role they played in selling or marketing mortgage-backed securities. you can make it classically beautiful movie with something you can hold in the palm of your hand. >> the first feature length film shot entirely on a smartphone. the maker hopes it's coming to a theater near you. special delivery or not, is this what really happens to your holiday packages? ,,,, there's a slew of new movies out but this one's different. it is ea film... shot enti there's a slew of new movies out this time of year but this one is different. it's a bay area film shot entirely on a cell phone. and as you'll be able to see, it's a far cry from a youtube video. tonight a closer look at how movie-making is changing faster than you can say "smartphone." >> reporter: the movie is called olive about a little girl who never speaks a word but nevertheless changes people's lives. >> their filters for the exteriors. >> reporter: but olive the movie is about to change the industry. >> many analysts say that in two or three years from now, every cell phone is going to be able to shoot a film so people who look at this project and say wow, nice gimmick, they're not understanding what we're trying to do. >> reporter: he got the idea for shooting a movie on a cell phone just two years ago. but making it happen wasn't that easy. >> and then it was focused selectively. >> reporter: first they had to hack into the nokia phone to disable the auto focus function. they had to take apart a traditional movie camera to use that lens then attach the phone to the lens which came down to the low tech solution of using double-sided tape. >> that came out remarkably well. >> reporter: to get an aerial shot, they mounted the phone a remote-controlled helicopter. >> had an amazing co-director pat gillis and he built that 35- millimeter lens. he used double stick tape attached it to the cell phone. he is the one who figured out the focusing. the guy is brilliant. so yeah, we were able to accomplish those things. >> 5,000, wow. >> reporter: in full disclosure, he works for cbs radio can be heard on the alice radio morning show. >> and so here's the scoop. >> reporter: that forum has given him some publicity, but it doesn't hurt to have a former facebook exec finance the film. >> it is a very powerful statement to make that you can make this classically beautiful movie with something that you can hold in the palm of your hand. there is this democratizing effect of technology and that's one of the things i find very attractive about the film as a whole. >> reporter: and that another former facebooker zuckerberg has a part in the movie. >> i read the script, saw the trailers. >> reporter: randi is mark zuckerberg's sister. >> i have always been interested in technology entertainment projects that intersect in a way that challenges the norm so that's what hooked me in. >> reporter: he hired two-time oscar nominee gina rowlands to be in the film giving it star power but he and his backers say the star is really the technology, and the technology is not just a gimmick. >> we're going to use everything to get into the theaters because the one unbridgeable chasm seems to be getting it into the theaters. >> olive is being shown at a theater down in l.a. in the hopes it will be nominated for an academy award. the movie's budget? $500,000. if you have a story idea, log on to cbssf.com, click "connect," scroll down to "closer look" and send me an email. young bay area man who learned a lot from his foster -- former foster parents skills that helped him get into college. >> grammar and manners that was the first thing she taught me better english. >> our student rising above next. worst delivery ever? what this fedex guy was caught chucking over the fence there. from the cbs 5 weather center, good evening, everybody. we certainly have a frosty night on tap. and then finally rain in the horizon. i'll pinpoint the day to expect it. but first here's kim with sports. >> all right, thanks, roberta. is alex smith pro bowl material? jim harbaugh certainly thinks so. and monta alice is slapped with a lawsuit. the crime coming up in sports. and just one percent get only about half of all foster children end up finishing high school and just 1% get a college degree. our student rising above today is defying those statistic. wendy tokuda shows us how he is doing it. >> reporter: joe williams didn't really like dogs before. but now some of his best friends are dogs. it's just one of the things he learned living with his former foster parents randy and kathleen. >> grammer and manners the first thing they it all the me was better english -- taught me was better english. >> reporter: it pays off. he has a b plus average on scholarship at high school. but school hasn't always been a priority with joe. he was too small to remember when he was first put in foster care. his mom had a drug problem. i remember opening the door and there were police everywhere and my mom being dragged away. >> reporter: he and his sister were placed with relatives for eight years then back with their mother in the alemany projects. she had two more children by then. >> she was her by herself and i was the only help. it was incredibly hard and she went back on drugs. >> reporter: that left joe in charge. >> he would get them all up, get them fed, get them on the bus. >> after a while it was all on me and i was like, this isn't my job. i love you but i can't do this. >> reporter: so one day joe just left and started walking along the alemany, a 13-year- old boy in tears. he headed to san francisco general hospital because someone had told him that child protective services has an office there. he told the social workers what was happening. >> i was thinking, did i do the right thing? will they hate me, will she hate me? where will i end up? >> i think he was driven to do what was right for him, what was right for his siblings. and i think what was right for his mom, too. >> did you finish the college application? >> reporter: living with randy and kathleen opened up new worlds for joe. >> you told yourself not to get too attached. randy and kathleen i got attached. >> reporter: he is still attached. but circumstances changed and joe had to move to another foster home in east bay. it wasn't easy. >> one thing i have gained from it is being very adaptable, when i lived with my aunt, even though i was in that one foster home, i think i had four different homes. >> reporter: it's estimated foster children lose five months of schooling every time they have to move. about half of all foster children drop out. to stay in the same school, joe was on buses and bart about three hours a day now. but he is on track to go to college. >> he is resilient and tough, sort of the paradox of being tough and sweet at the same time. >> reporter: joe will be the first in his family to go to college. >> thank you, wendy. from joe's good example to this. fedex may not like the slogan that comes from what you're going to see. a package that doesn't just get delivered overnight. security camera caught this fedex worker dropping a box over the fence didn't even press the intercom in the box? a computer monitor. the recipient posted the video on you type last night anonymously saying the worst part was he was home at the time with the front door wide open. the poster says the monitor was broken, has to be returned. bah humbug! good evening, everybody. today was the last full day of autumn 2011 with winter arriving officially tomorrow night. we average temperatures today a good 9 degrees above normal. in santa rosa 65 up from the average high of 56. our live cbs 5 weather camera, numbers in the 40s. it's 52 in san francisco. 53 in san jose. tonight, we can anticipate another night with widespread frost as temperatures dip into the upper 20s in some locations. tomorrow winter officially arrives at 9:30 at night. the extended forecast no rain, no snow all the way through christmas leaving us with the precipitation of normal stats unsettling. 39% of where we should be for had time of the year in san jose and last year on this date, 77%. look how healthy that number was this time in santa rosa compared with this year at 42%. we are enduring after shore winds although light out of the northeast 5 to 10 miles per hour. they are drying out the atmosphere under that influence of high pressure. we do have that stagnant air in place due to those very light gentle winds. therefore, the bay area air quality district has again called for the 8th "spare the air" day of the season as we see haze in the bay area. tonight santa rosa at 29. napa 29. it was 26 last night at the airport in napa. mid-30s santa clara valley. 37 redwood city through palo alto. tomorrow highs with the sunshine, again hazy sun in the 60s except fremont in the upper 50s. same story around bodega bay. extended forecast no rain in sight except for, watch this boom, right there. tuesday, we have a chance of rain returning to the bay area but we're talking over the holiday, clear skies in the 50s and 60s. >> thank you so much to page my yard coming in with a partner with the law firm, joining us for our continuous efforts here at cbs 5 to feed the bay area. thank you for joining us today, paige. >> we're so thrilled to be part of this. >> this is like a standing date for us to be together. >> eight years now. >> this year you have selected the second harvest food bank to help supply nutrition to bring nutrition, meals to the community. >> yes, we have. >> the need is so great and so many in the community need food and the children need food and this is something that's very important to us. >> so watch this as we reveal your big check. >> $60,000. [ applause ] >> wow! let's hear it. $60,000. paige, thank you so much for your generous donation. tell everybody back at the law firm hi for us and if you would like to help out, it's cbssf.com. stay with us. we'll be right back. keurig has a wide variety of gourmet coffee and tea to choose from. keurig is the way to brew fresh, delicious coffee in under a minute. way to brew. so with keurig, every cup tastes like it's brewed just for you. because it is. harrassment.. attorney, burt boltuch (bol-tuc monta ellis is being sued by a former team employee for sexual harassment. an attorney and his client say they will file the suit against ellis and the warriors tomorrow morning. he is accused of sending text messages to the accuser starting in november of 2010. according to the attorney ellis sent a graphic photo from his cell phone that will be presented to the media tomorrow. the warriors are also being accused of covering up ellis' actions after they let the woman go in august. the team says they will not comment because they have not been presented with the suit. years from now last night's monday night football game will be remembered for the power outages, but last night's win against a powerhouse steelers team made a statement for the rest of the league. >> let me ask you a question, who could possibly have it better than us. >> nobody! >> how was it in the locker room? >> it was dark. [ laughter ] >> they pay their bills? too much money for the lights to go out. >> i was holding delaney's hand. he was a little worried. >> here listening to music dancing around we don't need no lights we can play without 'em. >> we're up 6-0 at that point so let's call it a night. let's go home early and grab an in-n-out burger. >> reporter: when the lights came back on so did the quarterback. criticism was shed about the team's struggles in the red zone. [ pause ] >> without him back there, you know, we might be in trouble. but smith is back there and it's good to see the success. >> there is no doubt in my behind in he deserves to go to the pro bowl. he had that kind of season and he put an exclamation point on that tonight. >> reporter: if smith does go to hawaii, so should kicker david akers who broke jerry rice's single season scoring record. >> it's a great accomplishment but i feel bad about it as far as for him because you just don't take out a legend like that. he is one of the greatest of all time in any position. >> reporter: how does andy lee keep up the pace? >> i don't know. i mean the guy's a buck nothing, you know? and he just -- i call him wiry. inside the 20 punts, had -- looked like a 60-degree wedge around the green. he's a big golfer. maybe he is working on that, as well. the ball is back up on him. is alex smith pro bowl material? assuming dree brees and aaron rodgers are locks for the squat, smith's closest competition for the final spot is tony romo and matthew stafford who nearly double smith on yards and touchdowns. >> you have to ask yourself one question, do i feel lucky. well, do you punk? >> the colts got their first win sunday and aren't feeling quite as lucky as the 2-12 rams. vikings lurking close behind in the andrew luck sweeps stakes. the colts said they wouldn't trade the pick. i don't blame them. jon gruden compared luck to peyton manning. >> i really think what andrew did this year with the limited receiving core is astonishing. not a lot of people have done what he has done at stanford. he does a lot before the ball is snapped, making decisions, making audibles. he is a great athlete, prototype size. i get all excited when i talk about andrew luck. he is a can't miss sure fire i think pro bowl quarterback at the next level. >> the artist formerly known as ron artest is officially metta world peace on the court. looking for a christmas present? he debuted the name last night against the clippers. he changed it last year. one of the more spectacular goals in hong kong, a nigerian defender, it goes in but it was his own goal. i was trying to clear the ball and scored. >> right over his own goalie. >> for the other team. you know your day isn't going right then. >> see you at 10:00 and 11:00. >> caption colorado, llc comments@captioncolorado.com switching to progressive could mean hundreds more in your wallet year after year. feed me! saving you money -- now, that's progressive. call or click today.