institutions are closed on weekends and during the evening so if you are unfortunate enough to detect a fraud at 6:00 on a friday evening, by the time you get to report the fraud on monday, your 48-hour window has elapsed. >> reporter: o'farrell says there's simply not enough regulation when it comes to identity theft and financial institutions. and until there is, the best way to protect yourself is to do what tyrone is doing. >> i use credit now as opposed to debit. >> reporter: so bottom line, you have additional protection when you use your card as a credit card instead of debit thanks to tougher credit card regulations. bank of america admits it made a mistake and reimbursed wayne under its zero liability policy. but tyrone is out of luck and higher one is refusing to reimburse him. >> i want to go back to that 48- hour window thing. if this happens on a friday, or even a thursday and the bank is closed over the weekend you're done. >> reporter: yeah. if the bank is closed and you can't get them, legally they don't have to reimburse you. >> it should be business days, not -- >> reporter: well, that's the way the law is written and there are many people who are thinking that something needs to be done. >> okay. julie watts, thank you. a leak online forces the governor to release his budget plan five days early. in that plan are some drastic cuts. the good news is the governor says the state is recovering. koula gianulias with what's behind the numbers. >> we can't spend what we don't have. >> reporter: after it was accidentally posted on the web, the governor released his budget plan ahead of schedule this afternoon proposing $4.2 billion in cuts, $4.6 billion in voter-approved tax increases and a $1.1 billion reserve. >> we're cutting welfare by almost a billion and a half dollars, same for the elderly, the blind and disabled, child care cuts. this is not nice stuff. >> reporter: it gets worse firefighter the tax plan fails. trigger cuts will slash $4.8 billion in education equivalent to the cost of three weeks of school. $200million from the uc and cal state system. and courts would be slashed by $125 million. adding up to three court closures each month. >> that's why i am proposing the half cent sales tax temporarily and the tax on millionaires temporarily on the high income tax earners to try to mitigate these cuts. >> that is still not the way to go. why would californians want to vote for greater tax burden on themselves. >> reporter: >> republican leaders instantly shot down brown's tax initiatives as democrats dismissed deep cuts to social conservatives. >> we are not rushing to decisions. >> reporter: as he refuses to make those cuts anytime soon brown is asking the legislature to take action on the reductions by march 1. the tax initiative will be on the november ballot. >> phil matier, does he have the votes to get this thing done? >> reporter: interesting question. he actually has to get two sets of votes. he has to get the legislator to approve it and as we have already heard from darrell steinberg, democrats are hesitant at cutting a billion and a half from the crippled, the blind, disabled and children. >> sure. >> reporter: so there's going to be resistance there. i don't think he gets that out of the gate. the second challenge is to sell voters on that tax hike. as he said this time, if he doesn't get that, then those trigger cuts will come in. so the governor has a fight at the legislature and then a campaign with voters and the odd thing is or the catch-22 is without the cuts, i think it's a harder sell for the voters. >> you know, i know it's a very serious issue not to make light of this but it's almost as if the governor is telling voters, is he stand there is with the axe right over the schools, and the education budget. if you don't pass this, here it comes. wham. down it comes. >> reporter: some people would say that's a cynical political move and republicans would say there are other cuts that could be made and they are putting the toughest ones out there like you said in order to scare voters into passing the tax hikes. if you talk to others they say, no, there is really -- given the state budget, our money goes into education, the biggest part of the budget so cut there. but this is just the opening round of an argument. he is going to have a debate with the lecture and then a discussion with the voters and before this is over, don't be surprised if some new money and some other cuts show up in between. >> okay. phil matier, thank you. tonight, we are hearing what an elderly marin county man says happened after an armed burglar broke into his home leading to a gun five-day forecast. the 90-year-old turned the tables on the gunman, who wound up begging for his own life. joe vazquez talked to the greenbrae man today and he explained why he showed his intruder no mercy. >> reporter: jay leone is 90 years old. he is doing extraordinarily well considering he was shot in the face. bullet went through his cheek and then around the back. it exited out the back without hitting his skull. he was just sitting aat home when a burglar burst in. he is telling a story today that's even more harrowing than we initially realized. >> walked through and out the back of my neck. >> reporter: he escaped death but barely and now in an exclusive interview from his hospital bed, 90-year-old jay leone of greenbrae tells me it took more than fire power to defeat a burglar who held him captive yesterday. turns out he out smarted the man who kicked in his front door. leone says the burglar held him at gunpoint and ordered him not to move then scoured the house for valuables and then leone convinced him to use the bathroom. he convinced his captor to let him go. it was all a ruse. he had a .357 revolver in the restroom. he grabbed it ran back and pointed it at the burglar. >> he opened up, first shot. >> reporter: leone a former marin county sheriff's deputy paused and then returned fire. he said the gunman begged for his life but he emptied his weapon anyway. >> i looked him straight in the eye. don't kill me, don't kill me, i got a daughter. i said [ bleep ] you. bleah, bleah, bleah, bleah,bleah. >> reporter: three of the five shots hit their mark. >> i got him right there first right in the head and then pow on the shoulder and pow, pow, pow. >> reporter: the gunman rushed leone, took the gun away and tried to shoot him with his own weapon and failed. >> he was rough with me. put the gun to my head, pulled the trigger and went click. then he panicked and ran out the door. >> reporter: a little-- >> reporter: police caught up with the 30-year-old. he is still recovering at the same hospital as jay leone. dana, he wanted to thank all the people he has been getting, you know, calls and e-mails from all over the country as people are recognizing what a brave thing he did. as it turns out, he had a plan. so he was smart about it. >> extraordinary that he had the presence of mind to just go through all that and the courage, as well. it's an extraordinary story and i'm sure that police will say don't -- don't use this as a model but come on, the guy is 90 and he held his own. >> reporter: and trained law enforcement and so he knew what he was going to do. he had always told his housemates here that if anything ever happened he had a plan and that's exactly what he followed through with. >> well, he is the kind of roommate you want to have. >> reporter: yeah. >> joe, thank you very much, joe vazquez. well, the long arm of the law was not long enough. the burglary suspect who hid on a san francisco cliff for nearly 30 hours managed to slip away. san francisco police say that the man who was hiding out on the side of telegraph hill got away last night when police finally left. he had refused to come down since tuesday night after police say he stole a ring from a nearby apartment. police left the scene around 7 p.m. last night saying attempts to arrest him in the dark were too dangerous for officers. in other bay area headlines. in south san francisco, police are warning drivers, keep an eye on your car, your truck. thieves are stealing catalytic converters. police say 19 have been ripped off in the last 12 days all of them from toyotas. catalytic converters are made partly of platinum, which is in demand on the black market as scrap metal. so far east palo alto is not suing facebook over its expansion. city leaders are concerned that the social media giant's new headquarters in neighboring menlo park could cause traffic congestion and housing issues. while no action was taken today the city attorney says councilmembers were instructed to further explore their options. we have no record of an incident like this in over 100 years they have been in the park. >> reporter: a bizarre accident in a bay area park. the uninvited guest who may have scared a baby bison to death. a swell time, the special surfers riding the waves at mavericks and the new rules this year for spectators. and weighed down by extra cargo. the changes bay area ferries are making to deal with heavier passengers. ,,,,,,,, 's close. this you know the insurance commercial where the car is up the pole? yeah. this isn't it but it's close. this car wound up on top of a home after the driver lost control and went airborne. his speeding might have had something to do with the fact that he had stolen the car. he broke the leg jumping off the roof. no one in the home was injured. they needed a crane to get the car down. it was a bizarre accident that killed a golden gate park living landmark. zookeepers trying to figure out what scared one. youngest of san francisco's famous bison herd. mike sugerman where people come to see the bison. >> reporter: that herd was thinning out so officials got some new baby bison from a ranch. but there are only 6 left. one of them was killed yesterday. reporter: bison have co- existed peacefully with all other animals in golden gate park since they were brought here in 1877. until now. >> we have no record of an incident like this in over 100 years they have been in the park. >> reporter: yesterday, just before 9 a.m., at least two small dogs not leashed burrowed into the bison paddock. >> the dogs were chasing them around and then the buffalo ran into the side of the --the railing and injured itself and had a big cut on it. it was like an open wound. >> reporter: zookeepers looked at the baby bison one of seven who came here a few months ago. she had three broken ribs but otherwise seemed to be okay and was put back in the paddock. later in the afternoon, though, she was found on her side dead. >> the coyotes it's assumed have dug several little holes and they just --the dog just got under there and they were small. >> the fence is designed to keep the bison in and people out. >> reporter: but dogs? officials say they are reviewing their protocols. the paddock was updated with new fencing only a few years ago. dogs are supposed to be leashed in all parts of the city except 28 designated parks. the one next to the paddock is one of those but the paths surrounding it is not. the dogs responsible were linked to a dog walker who was cited for failure to use a leash and for animal disturbance. >> archer... come on, buddy. >> reporter: we saw at least a few dogs off leash next to the paddock today. >> i was under the impression it was off leash. when it's well posted i think the owners respects the leash laws really well because we don't want to lose the right to use the parts of the park that we can. so, you know, there's a lot of areas that are really kind of iffy. >> reporter: officials say it died from blunt trauma from running into a fence or a post. spooked by that dog. in golden gate park, mike sugerman, cbs 5. surf's up at mavericks and the window for the annual big wave contest is now officially open. but if you were thinking about heading down it watch the competition from shore, think again. len ramirez on why the scene at mavericks will be very different this year. len. >> reporter: that's right, dana. the excitement over the mavericks invitational now really starting to build here. we are just a couple of steps off the beach here at the half moon bay yacht club, where there is a special community safety meeting that's now taking place. and safety really is the name of the game this year. there will be several new changes that spectators will notice meant to keep them entertained but still high and dry. with the high surf advisory in effect and anticipation building for the mavericks invitational surfers took to the water. these are a tiny wave compared to the mavericks menu which is all you can eat. the first big swell of the season gave surfers a chance to play with the power. this was not an official contest day but a film crew was on the water shooting footage in 13-foot surf for an upcoming feature or mavericks. the contest window is now open an could be called any day. >> it's all up to mother nature and we have to see what it sets up for. it's a guessing game. >> reporter: surfers an spectators like steve will experience a much different contest scene than in years past. the beach and bluffs will be closed to the public. in 2010 several fans were injured when waves swept on the beach knocking people down. bleaker there when it happened said it's wise to keep the crowds away from what's really a dangerous beach. >> it's an area down there where they were kind of focused on everything but the waves themselves so it was really kind of a dumb idea to begin with. >> instead, spectators will for a $25 ticket get to watch a live feed of the contest on a jumbotron in the back parking lot of the oceana hotel. the area will become a surf festival complete with an award stage with the crowning of the mavericks winner. >> i think it's the energy and the size of the waves. >> reporter: russell hutchison comes to the contest every year and plans to come again. he doesn't mind the new rules. >> i think it's safety first and enjoy the show. >> reporter: enjoy the show is right. you know, tomorrow will be the opening ceremonies. surfers from all over california will be able to attend, go out on the water. there have been people killed here at mavericks, so they will remember this type of thing. this is a dangerous sport. but once the contest is called, surfers around the world, talking about big wave surfers from places like hawaii and south africa, will then have 24 hours to get to the bay area to begin that contest. waves are spectacular. should be exciting. >> they are getting big. thank you, len ramirez. they say loose lips sink shims but big waistlines don't help, either. america's ever heavier population has forced new federal capacity limits for passengers vessels like bay area ferries. the previous equation used to determine those limits was set in 1960 and based on an average weight of 160 pounds. well, now that is up to 185. the coast guard says it is reducing passenger count for some ferries but don't expect much of a change. >> wow. hope the water is smooth. so far it has been. we haven' had the weather. >> but we have waves increasing over the open waters as well as the immediate seashore tonight. good evening, everyone, this is the scene on the incline of the bay bridge. people heading this and out of san francisco. currently, our air temperatures are into the 50s after a day again today in which we were at least five to 10 degrees above normal in many neighborhoods. with the powerful surf now building, we have a high surf advisory that just went into effect at 6:00 for just about the entire california coastline. and for us locally all northwest-facing beaches swells building to 16 feet. you can tag at least 10 feet on to that at mavericks. cloudless at the bay bridge. we had three more record high temperatures today, two days in a row with record warmth. oakland was at 67 degrees shattering the old record established back in 2001. tomorrow's daytime highs not as warm as today with a northwest wind 10 to 20 miles an hour. into the 50s and into the low 60s. a little bit more seasonal. east of the bay from 57 to 61 degrees in san ramon. north of the golden gate bridge, into the 50s and the low 60s. tonight, overnight 37 to about 48 degrees. and the seven-day forecast does call for each and every day sunny skies with a few clouds and that is it. we'll talk more about the tahoe report coming up next time around. >> thank you. what's that smell? the mysterious -- i hate when i have to read that. the mysterious odor in one east bay city. >> plus, the clean-up costs millions. now there's evidence a bay area superfund site is just as toxic as ever. ontra costa the nasty smell in concord is likely coming from a clean up of crude oil. a spill occurred. that's according to the contra costa county health officials. people in the area have reported strong sulphur odors. in november, a pipeline owned by conocophillips ruptured spilling more than 1600 gallons of crude. clean-up was on hold until the new year. clean-up began on tuesday. health officials say the odor isn't a health hazard. fish in a channel that feeds into san francisco bay have tested positive for high levels every toxins even after the government claim in to clean up a superfund site in richmond. don ford reports the epa is coming back. >> reporter: the richmond harbor is home to heavy industry for over half a century from world war ii until 1966. the pesticide ddt was produced here on this side channel. operations were shut down long ago, but there was so much toxi ddt left behind, it was so polluted, it was declared an epa superfund site and cleaned up. >> we cleaned up about 3 tons of ddt, dredged it, cleaned it up from the site. very large-scale operation and we continue to monitor it. >> reporter: monitoring has revealed the levels are again very high. the waterway polluted just as bad as it was decades ago. epa found large amounts of ddt coming from this pipe that's visible only at low tide. richmond mayor tom butt is concerned. >> what we expect of our government, we expect them to take care of it and get it right. if they don't get it right the first time we expect them to come back and do it again. >> reporter: the epa says that congress has allocated new money to do just that. the first round costs over $11 million. the epa is warning all fishermen not to eat the fish caught in the area people should not eat the fish there if they are fishing. >> reporter: marie who lives nearby is surprised this was a superfund site. >> even though i kayak on the channel i won't swim in it. >> reporter: the epa expects to have the scientists and investigators here as early as next spring. in richmond, don ford, cbs 5. >> you pay their salary but how much are government workers really making it. >> this is one of those items that just fell down in the priority list. >> the california cities that are not telling and the penalties taxpayers are paying for those secret salaries. it's almost like using a sledgehammer when all we need is a scalpel. >> it's supposed to combat piracy. why some critics say a new bill would kill the internet as we know it. if you think gas is expensive now, just wait! what some analysts predict could drive prices to $5 a gallon. fines, for failing to repo our top story at 6:30, several northern california cities are facing stiff fines for failing to report how much they are paying the people who run them. mike luery went to city leaders to ask why they have been keeping their salaries a secret. >> reporter: the city of [ indiscernible ] has a beautiful view of the sacramento river but there's one thing the city was missing. a required report for the state controller showing just how much isleton city officials are making. >> we noticed that the city of isleton is not on the list. in fact they are on the list of noncompliance. why is that? >> well, this was news to me when you called yesterday. we learned for the first time. >> reporter: dave larson is one of the lowest paid city managers anywhere at just $75,000 a year. larsen is also the city attorney and his combined salary for the two jobs $135,000 but he has been city manager for just two months and says he was unaware of the state requirement until "on the money" told him about it. >> we hadn't known about it and i'm sure there are other things we don't know about at this point. but we're on a learning curve. >> reporter: but isleton isn't the only town. rio vista on the solano side of the sacramento river was also late in filing the salary and compensation report. we asked city manager hector de la rosa why. >> there's a lot of priorities in our finance department. this fell down in the priority list. >> reporter: rio vista sent in the paper rourke and de la rosa who makes $130,000 a year as city manager says he is developing new protocols to make sure rio vista complies on time next year. but for cities that fail to file, there are potential penalties. >> yeah, we can impose a $5,000 penalty. >> reporter: the state controller john chiang says he launched the new requirements after the financial scandal involve the city of bell and the financial disclosure information on his website is very popular. >> we have had over 5 million hits on our website so people are interested. we want that information on our website so that people can access it. >> that was mike laurie reporting. several other northern california cities have failed to file their disclosure forms. they include amador, ione and oakdale. san jose city leaders are considering cutting their own pensions to cut costs. a committee headed up by mayor reed unanimously approved a proposal to eliminate pension plans for the mayor and city council members are. pensions of course have been a hot button issue as costs balloon into the hundreds of millions of dollars. oakland recorded its first homicide of the new year. a teenager struggling to make a better life for himself. it comes just days after oakland's last homicide for 2011. christin ayers on how the city plans to reduce gun violence in the new year. >> reporter: it's still a new strategy introduced just a few months ago. the city is funling police and other resources into the 100 most dangerous blocks in oakland. it's a strategy that didn't work for the 5-year-old boy and young college student whose future was snuffed out. reporter: as the memorial piled high at the spot where 5- year-old gabriel martinez, jr., was shot, family and friends streamed into a mortuary to grieve over his tiny casket. martinez was shot friday when gunfire burst out near his parents' taco truck on international boulevard. oakland's 110th and final murder of 2011. across town, a much smaller memorial and a tragic beginning to a new year. >> i loved him like he was my family. >> reporter: a teenager gunned down wednesday night in east oakland became the first homicide of 2012. 19-year-old isaac white was a foster kid. he had had a hard life both parents behind bars. he was attending laney college to make something of himself. >> he was a good kid. he was a good kid. he wasn't involved in any violence or crime. >> it's bad. he couldn't even live out his dream, couldn't even complete college. the only one in his family that's going and he couldn't complete it because of senseless violence in oakland. >> reporter: the same gun violence that's taken the lives of three young children since last summer, martinez, 3-year- old carlos nava and hiram lawrence just weeks from his second birthday. >> one of the ways to combat the violence in oakland is the 100 block program. >> reporter: it's a program that mayor quan kicked off using agencies to target 100 blocks in east and west oakland where 90% of homicides happen. but for martinez and white help in these parts came too late. >> it's like devastating. now you end up dead the first homicide of the year. >> reporter: police say these cases are still developing and are asking anyone with information to call the tip line on the screen. they say that will serve for tips for both of these cases. there is a $25,000 reward. so far no suspects or arrests. christin ayers, cbs 5. president obama made a rare appearance at the pentagon. that was to announce deep cuts to military spending. in all $450 billion will be slashed from the defense department's budget over the next decade. that includes thinning out the ranks. armed forces even as the u.s. focuses on threats in asia and the pacific. the pentagon maintains it will keep its edge. >> the military will leaner but the world must know that we'll maintain our military superiority. >> you could face a land war in korea and at the same time face threats in the strait of hormuz. we have the capability with this joint force to deal with those kinds of threats. >> the pentagon could face another $500 billion budget cuts as early as next year. three travis airmen wounded in afghanistan were awarded the purple heart today. [ applause ] tech sergeant ronnie brinkley, staff sergeant david adkins and another staff sergeant were wounded in combat. all three are members of the 60th civil engineers squadron explosive ordnance disposal flight. what's milking some dairies drew and how much more you will have to pay for the organic kind. they allow entire sites to be shut down. >> growing backlash over a new internet piracy bill. the silicon valley giant said to be considering a nuclear blackout to stop it. ,,,,,, cost you. the new york heavy demand for organic milk is milking some dairies dry and if you drink it, it's going to cost you. the "new york times" reports that the price of organic milk has not kept pace with skyrocketing feed prices. and as a result, farmers are not feeding their cows as much and milk production has slowed. that's expected to drive organic milk prices up by about 10%. if you thought itunes and google music put an end to free downloading of copyrighted materials on the internet think again. piracy still thrives in many other areas of the internet. a viewer asked we take a look at sopa, the stop online piracy act. >> reporter: it's not hard to find the so-called rogue websites where you can download current movies for free. but just as apple cofounder steve jobs didn't believe the majority of people wanted to steal music, many others believe people really don't want to steal other copyrighted material either. >> they don't want to be thieves. they just want to be able to get things that technology allows them to get especially the younger engineeration. >> reporter: julie samuels is an attorney for the electronic freedom foundation which opposes both the sopa bill in the house and legislation in the senate called pipa. >> it's like a sledgehammer when all you need is a scalpel. >> reporter: they say laws go beyond it. >> they allow sites to be shut down, sites that have presence potentially in the united states that aren't based abroad. shut off advertising to those sites. access to those sites. >> reporter: but the legislation that is created a divide in silicon valley. tech companies such dell, adobe are backing it. others are opposed and recently after an online backlash and boycott domain registration giant go daddy.com reversed its position and publicly stated it no longer supports so pa. supporters include dozens of entertainment companies, major tv networks including cbs which owns this television also the national association of manufacturers which believes online piracy goes beyond hollywood movies. >> it's moved from the street corners where you used to see handbags and dvds to more sophisticated groups. >> regulation has been good. >> reporter: steve davis has been a high-tech security expert for 25 years much of it in the videogame sector. >> no one likes piracy. it's more about realizing it's real and out there and in many cases, it's because the games aren't available in some markets. >> reporter: he doesn't believed sopa would work. comparing it to laws passed to control internet gambling. >> created a bunch of non-u.s. based internet gambling businesses and a bunch of shade buy payment processors and a bunch of fraud that has actually turned into now congress is seriously trying to legalize and regulate internet gambling and bring it back to the united states. >> reporter: when asked about what formula would work for distributing copyrighted material they point to a comedian. >> who in the past month produced his own comedy special and sold it for $5 a pop on the internet and made tons. money. >> he said, if i had done it through a big producer, it would have cost you 20 bucks and people would have pirated it like mad. >> the latest rumor that is swirling through the blogosphere is a coordinated blackout on the internet to protest sopa so imagine, a day without google, facebook, or twitter? [ laughter ] >> relax. again, it's just being discussed. if you have a story idea, log on to cbssf.com, click on "connect," scroll down to "closer look" and send me an email. >> some people might not live through that. $5 a gallon for gas? what some analysts predict could cause prices to skyrocket. man's best friend, may be smarter than you think. evidence dogs really do know what we're thinking. from the cbs 5 weather center, planning on your getaway friday forecast. and if you are heading to the high sierra after three days of record high temperatures, falling into the mid-40s on friday. we have sunshine all the way through the weekend. and meanwhile, the snow report for heavenly still suggests they are still making plenty of snow because the temperatures dropping into the teens overnight. sugar bowl no new snow and northstar has skiing and hiking. if you are staying here locally, we have your pinpoint forecast as eyewitness news continues. some analysts predict gas ps lon, in par we could be paying a lot more at the pump soon. some analysts predict that gasoline prices could hit $5 a gallon in part due to rising tensions in the persian gulf between the u.s. and iran. but as patrick sedillo reports, so far, those fears are not putting a dent in the auto industry. >> for the year, sales for gm in all four brands were up 14% sales. >> last year sales were up 31% our best december since 2004. >> reporter: american cars are selling again. >> it feels like we have turned the page on the dark days of 2008, 2009. >> reporter: it could be a signal that happy days are back especially for fuel-efficient vehicles. at the san jose auto show buyers swarmed around the latest american models. >> more sound. >> reporter: loaded with the newest gadgets. your hands are full, you walk up. problem solved. one unexpected by-product of the electric cars is something called range anxiety. that means you can go too far between charges and not have enough juice to make it home. >> once you got to that 50 miles it's got an onboard generators that runs on gasoline. >> reporter: he is looking but still a little shy from the recession. >> i'm thinking about it but it's still scary. seems like we get mixed messages. sometimes it seems like the economy is getting better, sometimes not. >> reporter: what it's going to take to get him into a car? >> i'm looking around. if i find the right car at the right price i might get one. >> these economy cars are nice but we still want to hear the engine. you still want to go fast. >> reporter: these two are here because they say they are patriotic. >> we are trying to keep america going. >> most consumers won't buy a car unless they feel confidence in their job and income. >> reporter: reporting from san jose, patrick sedillo, cbs 5. dog lovers won't be shocked at this but when your dog looks at you, it just may be trying to figure out what you're thinking. hungarian researchers found canines read our eyes and our facial expressions. they will follow our gaze if we make eye contact with them first. they say it's similar with the way a 6-month-old baby communicates with adults. ♪ [ music ] from the cbs 5 weather center, good evening. we take you to the coast where all the action was today. surf is definitely up and we now have a high surf advisory in place from tonight all the way until tomorrow night. check this out. these guys are stunt doubles. you know, you heard the story about gerard butler and what happened to him when he was crushed by a massive wave at mavericks so the hired some stunt doubles to finish the movie. these waves were approximately 15 to 25 feet and, boy, what a backdrop. nothing but seamless blue skies, very mild conditions. did you see that guy wipe out? everywhere you see that yellow area that's where we have a high surf advisory in place the entire coastline of california. and for us locally, all northwest-facing beaches as the swells build to 15 feet. you can tag at least 10 feat -- 10 feet on that for mavericks. currently 57 in san jose through alviso. meanwhile north of the golden gate bridge, this is our live cbs 5 weather camera by the way. north of the golden gate bridge we had another record tying event in santa rosa at 70 degrees. oakland a record of 67. we tied a record of 67 at moffett field. we'll have patchy, dense fog inland and breezy at the coast, gusts up to 30, dialing back after midnight. no rain through the weekend. i was just taking a look at this very latest satellite that is generated here by our goes west satellite and it does indicate that we have several storms stacked up but they are bouncing off that huge ridge of high pressure taking precipitation north to the bay area. cooler air mass. so tomorrow will be cooler from sacramento to the south. that does include our bay area except for tonight. with that breeze mixing up the air mass, not as cold. 37 degrees in fairfield. 45 in san rafael. low 40s in redwood city. mid-40s across the santa clara valley. tomorrow's daytime high coming down. 50s and low 60s, which is seasonal. the extended forecast calls for nothing but sunshine with an offshore flow kicking in over the weekend. a few increasing clouds tuesday, but we continue the dry weather pattern through thursday. that's the pinpoint forecast. we still have dennis with sports coming up next. >> breaking news! offered their general managr position to former 49ers gm scott mccloughan, that accog short the raiders have interviewed and offered their general manager position to former 49er gm to scot mccloughan. he and the raiders are far apart on money. so there is no deal yet. mccloughan was instrumental in building the current roster drafting various players. he left the 49ers for personal reasons in 2010 just weeks before the draft. he is currently a senior personal executive with the seattle seahawks. the raiders did not return a phone call. many. 49ers are escaping town for the weekend to be with their families while they find out who they will play a week from sunday. if the saints beat the lions they will play the 49ers in san francisco on the 14th. that's many place predict will happen. jim harbaugh didn't talk with the media today but the team credited him with the team turnaround specifically his loyalty. >> he said we can do anything in the world and he will talk to us and forgive us except for put our hands on women. if you put your hand on a woman, you're done for in his book. so open door policy. you know, everybody around here really likes him. we want to win for him and for ourselves. >> as dana pointed out the players did not give credit to freddie p. soft yet. stefan curry's ainge come is the top concern for the golden state warriors listing him as day to day but that's a week-to-week problem. seven games into the season, the kings hired head coach westphal. this comes on the heels of a blowup with the center. the former warrior head coach is promoted as the head coach to a two-year deal to stay. >> when you go through it, and having had a chance to coach a team and then you have ideas ready for next year, you say man, maybe i'll do this now and never thinking that this will ever come at this time, this fast. >> yeah. great news for keith smart. and the kings. no one likes a selfish teammate on the basketball floor but that word doesn't exist for one dominican college big man. >> reporter: for jacob noisat, life in the gym has come much easier than life at home. his dad joe died when jacob was just 11 after suffering a heart attack while he was driving. >> i was in daycare and i came to the house full of crying people. it was definitely a tough day. i thought it was a joke. i realized it was true, it hit my hard. he was the most important person to me in my life. >> reporter: his mother became a single parent but lost her job at the time jake was getting basketball offers from division one schools around the country. jake made the ultimate sacrifice. he delayed his college career to work at safeway to help his mother financially. >> my mom always supported me in everything i do. she paid for summer trips and my shoes for basketball, clothes, everything i need. so helping her with financial support was a no-brainer. basketball can wait. she is the most important thing in my life. every day i imagine i'm doing this instead of playing ball. it was tough every day but knowing i was helping my mom made it easier. >> reporter: today he has the best of both worlds. a successful basketball career and a 30-minute drive from his mom in santa rosa. he wears his hair long as a tribute to his dad. >> he told me every, single day that he would always look over me no matter what and the day it died it tobacco a toll on me. when i thought about what i wanted to get in memory of him, a praying angel looking over on somebody was just a no-brainer. >> he is a kid who is going to buy in when it comes to the whole greater being of the team because he has a heart and compassion and wants to be around people and help people. >> yeah. unbelievable story. and currently, he is leading dominican in scoring and rebounding in the season. >> wow. >> leading in a lot of ways. >> even though he is not a a division one school, eventually he will be. the cream rises to the top. >> he is a wonderful young man and dominican is a wonderful academic school. >> and they turn out good athletes, as well >> great story, dennis. thank you. all right. well, that's it for us but we are coming back at 10:00 and 11:00. see you then. >> caption colorado, llc comments@captioncolorado.com >> maybe you are. i'm going to dinner! ,, ,,,,,,,,,,,,,,