like we're having and that's a safety net out there that essentially develops a big hole, it's devastating to people who need access to services. >> reporter: there is an arrest warrant out for the couple and the d.a. says she is still working on adding up the numbers. she doesn't yet know the total that the couple is accused of stealing. she said it is possible it could add up to about a million dollars. allen. >> sharon, so sad for those families. thanks. while new at 6:00, backers of california's same-sex marriage ban are taking their case back to the same court that struck it down. in a split decision earlier this month, a three-judge federal appeals panel ruled that prop 8 unconstitutionally singles out a minority group for unequal treatment. prop 8 supporters are now asking the entire ninth circuit court to review the ruling. the move means that same-sex marriage also remain on hold at least until the court decides whether it will revisit the case. if and when those marriages do resume, one state lawmaker wants to ensure that members of clergy are not pressured to perform them. senator mark leno is introducing a bill that says no religious leader would be required to officiate a ceremony that contradicts their beliefs. the america's cup sailing race is still promising to be a huge economic boost for san francisco although many red flags are being raised to the contemporaryry. today the official media -- contrary. today the official media blitz began at the defending team's headquarters at pier 80 but there are still troubled waters ahead because holding the race in the bay is not a done deal yet. backers say get ready for this kind of sailing. >> short tacking up the bay turning around and then blasting back down the bay again. >> reporter: multi-million dollar catamarans going two to three times the speed of the wind racing for the america's cup championship. this was not only oracle's opportunity to show off the team's 45-feet practice boats, it was a day to unveil to the public oracle's well oiled america's cup racing machine. part of it anyway. >> this is the first time that the media has been allowed in to oracle's america's cup headquarters here at pier 80. >> reporter: there's a lot they're willing to show us including a wing being built for one of the new boats, but what they're not willing to show us is the boat itself. the newly designed high-tech 72- foot catamaran will be top secret for as long as possible before it's launched in july. undoubtedly team oracle plans on launching its boat in san francisco bay waters. that's despite huge economic concerns being raised about the viability of the race. the city of san francisco could be looking at much higher costs for everything from holding the event to the amount the port authority would have to reimburse race organizers once a new cruiseship terminal/race headquarters is built. america's cup executives aren't discouraged. >> there is no plan b. we just have to really try to make it all work. >> reporter: another concern is the lack of race competition. so far, only 3 other teams are building boats to challenge oracle. [ indiscernible ] frankly i think that's going to be a cool thing to see. >> reporter: and there's no discouraging john from san rafael team oracle's tactician in charge of telling the skipper how to best sail the san francisco bay racecourse. >> it's very challenging place and that's why there's so many great sailors that come out of san francisco, you know, with strong winds, tricky currents and, you know, it's i don't know a very difficult place to sail. but it will be great for the america's cup. >> san francisco supervisors will vote at the end of the month on a binding agreement for holding the america's cup finals in september of next year. if they turn that down, team oracle owner larry ellison would have to scramble to find another venue at a very late date. a foreclosure auction turned violent in oakland this afternoon. the trouble started on the steps of the alameda county courthouse and ended after protestors clashed with sheriff's deputies. christin ayers has more. >> reporter: five people are behind bars after that protest turned bloody. authorities say this is the first time that a protest like this one became this violent. a protest at a foreclosure auction at the alameda county courthouse ends with billy clubs and protestors say bloodshed. these kinds of protests have become common place at the alameda county courthouse. this one in early december drowned auctioneers out but officers told me what is uncommon is what happened here today. five people arrested in a violent clash. a sheriff's spokesman told us protestors rushed a metal detector and then started throwing objects at deputies. the protestors had a very different story. >> at some point during that protest somebody threw something at one of the deputies and when that deputy went to go arrest that personnings others interfered with that arrest and then they too were arrested. >> they took a boy with dredlocks and got him by his hair, spun him around on the sidewalk, hit him in the face with a club so his lip was bleeding on his face and shirt. >> the police as usual were really violent and out of line and like need to take accountability for their actions. >> reporter: the protestors did have some cell phone video of the incidents happening but didn't want to hand it over to us. they simply showed it to us. there was some chaotic video of one man being arrested. authorities say it's not clear at this point what kinds of charges the five people who were arrested will face. >> christin, do we know if the protestors were in any way associated with any of the homes being auctioned or are they just protesting the proceedings in general? >> reporter: i asked them. in fact i asked whether or not they were associated with "occupy oakland" or if they were homeowners themselves. they said they were not from any specific group, they just came out here it voice their opposition to people losing their homes to foreclosure. >> thank you, christin ayers just within the past hour hayward police arrested a dangerous suspect accidentally released from a psychiatric hospital. officers took 32-year-old jose hernandez into custody in north hayward. somehow over the weekend, hernandez was mistakenly released from a hospital after stabbing himself in the chest and slitting his throat. a san jose mother is under arrest for allegedly acting as the getaway driver in the stabbing of a 13-year-old boy. police say last thursday, margaret suazo's 15-year-old son jumped out of her car and attacked the younger teenager. they say her son then jumped back in and suazo drove the car away. the 13-year-old's injuries were not life-threatening. suazo's son is also in custody. new tonight, dna results are in on the first two sets of remains found in the search for victims of the "speed freak" killers. those tests confirm the remains belong to two people killed by wesley shermantine. chevy wheeler and cyndi vanderheiden. the bounty hunter at the center of the search turned up at the dig site today. andrea menniti with what happened there. >> reporter: bounty hunter leonard padilla and his investigator say they have received new information about the pair of other wells that convicted killer wesley shermantine contain murder victims. >> he said this is just the tip of the iceberg and you need to check both of these wells. >> reporter: the team says shermantine tells them the so- called boneyard is about 100 yards from this mobile home which sits just east of the first well dig site. the pair says that's the well where investigators will find at least a dozen bodies. the third site the investigator says is near this television tower about 300 feet from a pond. shermantine told him a single victim is buried in that well. the details came during a phone conversation about getting paid for handing over information that led to a pair of bodies in calaveras county. after seeing coverage of the digs on tv, shermantine told padilla the well that yielded 1,000 bone pieces, skull fragments, clothes and jewelry is not the well he was referring to in his hand drawn map. >> i told him when they found a skull, he says, nothing we had anythingdid with in any way, shape or form. he said i didn't have anything to do with for sure and i don't think loren did, either. >> reporter: even though last week san joaquin county investigators publicly asked padilla for additional information, the team has not handed over new details because they say investigators already have the information. padilla urges san joaquin county sheriff steve moore to bring in fbi teams to join the search. >> his pride is standing in the way of these folks getting result today instead of tomorrow or down the road. bart officers test out a new kind of crime-fighting tool. why the next time an officer pulls a taser everyone will see it. for just a couple of hundred members, the size of this thing is humongous. >> not in their backyard. how bay area residents are fighting to keep a megachurch from moving in. food for thought. should we stop those gourmet trucks from hanging around schools? that's the plan and some people are saying, what? that story coming up. ,,,,,,,,,,,,,,,, new-high-tech tool for poli. bart officers could be the first in the country to wear a new high-tech tool for police. it is so small, it can fit on sunglasses. and ann notarangelo tells us, it offers an extra set of eyes. >> reporter: passengers may not notice the police are wearing them. they are small, discreet but there will be about 160 of these cameras out in the field. >> the camera itself is about the diameter of my pen here. so what you would see is a camera on a collar or on a sunglass mount. >> reporter: the same people who developed the taser gun have come out with a camera like this. small enough to fit on sunglasses, so officers can document their interaction with the public. the bart police department has ordered collar mounted cameras although officers can buy their own sunglasses. >> in general it's something you want turned on with citizen contact. >> reporter: bart is still working on the policy of how the cameras will be used. taser says the new technology will eventually allow police departments the ability to stream live so command staff could see an unevent unfolding and while officers cannot control the on and off button, officers cannot delete footage. the video will help in officer training and settling accusations of police must conduct as well as prosecuting suspects. evidence is high-tech. >> the storage will be on evidence.com which is a cloud- based storage system so the equipment will download here but it will go off site servers. >> reporter: officers wearing cameras isn't new but it has special relevance for bart pd. >> it's another tool that will help us provide transparency in our efforts to mend our relationship with the community. >> reporter: do you think this will help? >> i'm not sure. try anything. >> i don't think so. i mean, i could see it as them trying to protect themselves. >> reporter: for some of bart's critics, it's a step but in their opinion a small one. their argument is it's not enough to document what's happened. it's important to change what's happening. >> we're talking about several incidents where things were recorded but that still didn't prevent the death of oscar grant or the shooting of charles hill. >> reporter: san jose pd is also looking into buying these new cameras but said they are too expensive. the reason bart could buy this new technology is for a grant for counter-terrorism. in oakland, ann notarangelo, cbs 5. the supreme court's agreed to take a new look at an old controversy. affirmative action. now this time around, it will take up the case of a white student denied a spot at the university of texas. the justices' last decision on the issue in 2003 endorsed race as a factor in university admissions. however, the court has grown more conservative since then. the case will be argued this fall at the height of the presidential campaign. two bay area schools, victims of vandals. in san jose taggers spray- painted hateful racial slurs and symbols on a wall in one of the classrooms at mount pleasant high school. campus is closed this week for winter break. in richmond a huge clean-up is under way after vandals trashed a brand-new building. this afternoon, congressman george miller got a firsthand look at the damage at nystrom elementary school. the building was just about to open to students. and now that won't happen for several more weeks. the city of richmond and the city's police department are offering a $10,000 reward to find those responsible. >> it's very important that we find out who acted in this manner against the children of the richmond community and against the richmond community generally. and just very disturbed when they heard about this damage. >> the vandals apparently got in by breaking through a window earlier this month. this is the second time in recent weeks that that school has been targeted. a battle over religious group's plan to build a large church is pitting neighbor against neighbor. sufis want to build a center in contra costa county. john ramos on why some opponents say it is just too big. >> it's a really big project for a really small neighborhood. >> reporter: a small religious group called sufism revisited wants to build a 65,000-square- foot building on the property. >> they have been saving for years it build it. >> we are just beginning to present the project and we have already been under attack for most of the morning. >> reporter: supporters and opponents addressed contra costa county supervisors at walnut creek today. the huge building two-thirds of which will be underground will include a bookstore, classrooms and a cafe. but the plan only calls for 71 parking spaces on site. and residents fear what that will mean for their neighborhood. >> it's going to be overflow parking in front of people's houses. it's going to be throughout the whole neighborhood. >> for just a couple of hundred members the size of this thing is humongous. i don't think it would hurt them to make it smaller. >> reporter: but the sufis say 60% of the neighbors living within half mil of the location and many pledge to walk there. >> previous comments indicate there might be some religious bias. >> reporter: they say any demands to change the size or design of the project could be seen as a violation of religious freedom. but supervisor john joya disagrees. >> religion issue is not our concern. it's like any other facility. how do we make it work in the community? >> reporter: the board expects public comment to extent through next week. a new push to end child obesity could be hard to digest. why it might put your favorite food truck out of business, in two minutes. ,,,,,,,,,,,,,, for lunch. roposed an idea to improve the diet of schoolkids could limit their choices for lunch. yours. mike sugerman on how a proposed crackdown on food trucks could impact more than the students. >> reporter: we're here at groton school in the haight on the border. those are two areas where you might find food infrastructure and under a plan proposed by sacramento you might not and a lot of people find that distasteful. reporter: food trucks near schools? >> number 65... >> reporter: no, says assembly member bill monning. >> the vendors are coming up right next to the school and acting as a magnet. >> reporter: the carmel democrat says childhood obesity is at record rates and the stuff coming out of lots of food trucks is bad. >> trucks that are primarily selling low cost snacks, sodas, high sugar, candies. >> it's ridiculous. >> reporter: the vibrant bay area food truck community doesn't get it. >> it's going to stop a lot of good food trucks. >> reporter: here's why. the idea is to ban food trucks from schools within 1500 feet. okay, 1500 feet. but then on all sides --so that creates a 3,000 foot swath around all the schools in any city and that takes up a lot of room. here's a map of what 1,000 feet from city schools is. now imagine it enlarged by a third. that's where food trucks would be banned during the day. >> we use organic chicken and meat, everything is fresh. >> reporter: amir hasanni says it beats anything coming out of a school cafeteria. >> we're giving a different type of concept experience that's fun and good food. >> reporter: san francisco already has a law banning food trucks within 500 feet of schools and the new state proposal has nothing to say about fast food places near schools. >> see that doesn't sound right. i don't think they're looking at it very carefully. >> reporter: unintended consequences of what most agree is a good idea. lowering childhood obesity. in many cities, this probably wouldn't make a difference because they're big but san francisco and some other bay area cities are a very dense -- in fact, san francisco is the second densest in the united states so it has a big effect on all food trucks, gourmet trucks included. so there will be a lot of discussion in the next couple of months. >> no doubt. thank you. now i'm hungry. [ laughter ] >> right? >> looked good. >> one food truck i'm not going to tell you where but we ride by it on our bikes every other day and we're always -- we're going to stop! we want to. we really do. hey, the pollen count is on the high side. if you suffer from allergies and you're sneezing and wheezing, blame it on the alder, ash and the juniper. right now, we're slow to cool down after today's high in livermore 68. it's still 64 even though official sundown was at 5:54. san mateo checking in at 63. it's still in the low 60s in santa rosa. you want to compare today to yesterday. yesterday was relatively on the cool side. today was mild and in fact we warmed a good 10 degrees in livermore in comparison to monday's high of only 58 degrees. we are under the influence of high pressure but see these clouds right there skimming underneath undercutting the ridge of high pressure? that's what we have out there right now. but for the most part, those clouds will be dissipating under the ridge of high pressure that continues to strengthen and the end result, we're going to have additional warming for your wednesday but late day the winds will kick in out of northwest 10 to 20 miles per hour. next chance of rain is in our seven-day forecast. tonight overnight 39 to 47 degrees for overnight lows. 47 in pacifica. mid-40s in fremont through newark into union city. san jose tomorrow topping off at 75 degrees. we're talking about 76 tri- valley, 74 santa rosa, 8 degrees above normal in san francisco. the day the rain returns, i got it in the seven-day forecast, that's next time around >> thank you. a milestone on wall street. [ closing bell ] >> what we haven't seen since the start of the financial crisis. what liberals don't get... >> newt gingrich's new line of attack. the chevy volt? and the little known change that could cost you big bucks on your taxes. nose jobs, lipo, botox. why teachers in one cash- strapped school district are getting plastic surgery on the city's dime. ,,,,,,,,,,,,,, [ teen ] times are good, aren't they, kids? it's nice having u-verse, isn't it? see back in my day, we didn't have these newfangled wireless receivers. fangled? no, we watched march madness in the living room... that's where the tv outlet was. what is he talking about? and if mom was hosting her book club that day, guess what...you missed it! we couldn't just move the tv all willy-nilly all over the house. ohh! ohh! kids today have it so good. ok. [ male announcer ] the new wireless receiver from at&t. get u-verse tv for $25 a month with free hd for six months. at&t. crossed into 13- thousand- 13 was a lucky number on wall street today. the dow briefly crossed into 13,000-point territory. that breakthrough came after word that greece has secured a second massive bailout to avoid bankruptcy. it didn't stay at that level for long but as alexis christoforous shows us, hitting the milestone even for a time may be enough to fuel investor optimism. >> reporter: the dow jones industrial average average cracked 13,000 about two hours after the opening bell. >> so close you could touch it so the tension was building. when it finally hit we got a cheer. >> reporter: once it hit its mark, the index danced around that number for the rest of the day finally shying away just before the close. the last time stocks pierced 13,000 was nearly 4 years ago just a few months before the collapse of lehman brothers in 2008. in the crisis that followed the dow dropped below 7,000. the long climb back from that low point has picked up speed over the last couple of months. the dow has surged more than 6% since the beginning of the year. the index hit 12,000 in january and just kept going. promising news from the eurozone is driving the latest gang. finance ministers approved another bailout for greece in exchange for that country's dramatic cost-cutting. and investors like the stream of strong corporate earnings. home depot an macy's are among the latest winners with better- than-expected profit. >> the earnings reports were very good. all of these companies became lean and mean. >> reporter: the dow is now less than 1200 points from its all-time high and traders say that milestone could be next. alexis christoforous, cbs news, wall street. to campaign 2012. we are two weeks from super tuesday. polls show that rick santorum continues to gain ground on mitt romney. tara mergener reports, the next big round of contests will likely come down to money. >> reporter: mitt romney tried to win over voters at a town hall meeting at ecomanufacturing in michigan. >> i care about michigan this is personal for me. >> reporter: he is fighting hard to win the state where he was born but polls show rick santorum is in the lead ahead of next tuesday's primary. that's putting romney on the offensive. >> i don't think rick santorum's track record is that of a fiscal conservative so i this i that will ultimately be interesting in this process and will lead to my getting more support. >> reporter: arizona also holds a primary next tuesday and santorum made a campaign stop there highlighting his conservative record and taking on president obama. >> president obama says i'm going to give the right it healthcare. just give me your money, give me your freedom, and we will provide for you. when the government gives you rights, they can take those rights away. >> reporter: the candidates are using a new and powerful weapon in the race for the white house. super pacs are raising millions and millions of dollars for their campaign ads. last month alone, super political action committees supporting romney and newt gingrich raised a combined $17 million and spent $24 million. there is no limit to how much money an individual or corporation can donate to a super pac. one of gingrich's biggest donors says he might give as much as $100 million to the former house speaker's super pac. tara mergener for cbs news, the white house. newt gingrich is taking a shot at president obama's energy policies while rallying gun advocates. >> what liberals don't get is that you cannot put a gun rack in a volt. >> the former house speaker was referring to the chevy volt when he addressed the oklahoma state legislature this morning. he went on to criticize what he called the president's outrageously anti-american energy policies. and new at 6:00 a new movement is under way in oakland to overturn the controversial system that elected jean quan as mayor of oakland. today opponents launched a petition to end ranked choice voting that allows voters to rank up to three candidates in order of preference. the goal is to prevent a runoff but some say the system is flawed. >> we have a mayor who in reality got 45% of the vote and majority is more than 50%. and that in itself is a fundamental problem. >> the group, moving oakland forward, is hoping to get 30,000 signatures in order to have voters make the decision about ranked choice voting this november. california homeowners are about to lose one of their biggest tax breaks the state is going to limit property tax deductions. on the consumerwatch, julie watts explains it's expected to bring in an extra $20 million for a cash- strapped state. >> it's a huge bill. >> just goes on and on. >> i think that the homeowner should be able to write it off. >> reporter: and for decades they have, property tax, something most california homeowners deduct completely every year. but not for long. the state franchise tax board has decided to start enforcing a widely ignored law that says you can't write off a big chunk of your bill. >> things like sewer charges, library charges, school district charges. >> reporter: this cpa explains all of those bond measures and assessments voted on that were added to your tax bill were technically never deductible but until now the tax board looked the other way. >> the bottom line is they need more money. so they thought this would be a good way of raising revenue without raising taxes. >> reporter: homeowners will now only be able to deduct the assessed value of their property and while the tax board estimates an average 15% loss of deduction, depending on the county you could lose anywhere from 3 to nearly 30%. take these two bills, one from santa clara, the other from san joaquin county. this homeowner only pays $76 in assessments not a significant loss in the write-off. but this one pays over $1,100 in voter-approved bonds and assessments. they will lose about 28% of a property tax deduction, a $400 loss. >> it's unfair. >> reporter: but it is something voters approved and something many say they will consider before voting on the next bond measure. now, while you're not supposed to take the entire property tax write-off this year the state franchise tax board says it won't enforce the reduction until next year and in the meantime an orange county assemblyman introduced legislation to allow to you continue to write off the entire tax bill. we'll have to wait and see on that one. >> but the state has to remember that it decided to give some leeway when they audit you four years from now. you know -- >> right. that's what they are saying. they won't be auditing for this year but they will start auditing next year. >> okay... >> unless this legislation passes. >> all right. >> keep tabs on that. >> i'll keep you posted. thanks. it's not just the hottest jersey in the bay area. why suddenly everybody wants to show palo alto pride. the city is broke but the teachers are getting nose jobs. why one school district is charging millions of dollars in plastic surgery to taxpayers. ,,,, [ female announcer ] this is the story of eves. [ eves ] years ago, i hurt my shoulder drag racing. that's when i decided to take it easy, so i took up hang gliding. [ female announcer ] a grandpa who refuses to grow up. [ eves ] the pain was bad, but the thought of not being a hang glider pilot was worse. [ female announcer ] that's when eves turned to sutter health's palo alto medical foundation. [ eves ] the doctors that i dealt with, they got it, that this old guy wanted to return as a hang glider pilot. they got me flying again. [ female announcer ] palo alto medical foundation, and sutter health -- our story is you. item that's pretty hard to e by. len ramirez on the buzz surrounding lin's high schol jersey. [nat snd]"what i did was wey ey to jeremy lin's gear is flying offer the shelves. len ramirez on the buzz around his high school jersey. >> so what i did was i wore my palo alto high school jersey that i wore to the game friday night. >> reporter: thanks to former palo alto basketball player chris, someone he is was sporting a palley jersey at that same new york knicks game, filmmaker trendsetter and jeremy lin fan spike lee. >> i met with a friend of spike's and handed him the jersey and the next night he was wearing it. >> reporter: he got the jersey from libya's hold high school coach who said during an interview on new york sports -- from lin's old high school coach who said during an interview he would like to see him wearing it. >> anytime palo alto basketball can be represented in a positive way, that's great. if kids would want to use jeremy as a role model you could not pick a better person. >> reporter: unfortunately, there are no plans right now to start reproducing that jersey but one sports memorabilia office here in palo alto estimated that that jersey signed by jeremy lin could be worth hundreds of dollars. >> i think there would be a huge demand for it if they could sell it. as far as i know, it's not for sale. kind of did a quick search online and didn't see anything. it sounds like that spike had some ends. >> reporter: spike lee was photographed wearing lin's green home jersey so there is at least one more out there lin's white away jersey which may be worth more since he was wearing it the night he won the california state championship n palo alto, len ramirez, cbs 5. as thousands of teachers around the country are getting layoff notices teachers in new york are getting lipoand nose jobs on the taxpayer dime. under one of their insurance plans options, buffalo teachers are billed nothing for cosmetic procedures and there is no deductible. the plastic perk is so popular, the district paid out nearly $6 million for botox, tummy tucks and other surgeries last year alone. >> they would come in for like hair removal on their lips, guys are do they also come in for liposuction? >> yes. >> breast enhancement? >> yes, they do. >> face-lifts? >> yes. >> rhinoplasty? >> yes. >> so it's busy? >> yes. >> if you had this $5.9 million that wasn't being spent on plastic surgery what would you be doing with it now? >> hiring about 240 teachers. >> the teachers union says it is willing to give up the perk if the district resumes contract negotiations that stalled years ago. from the cbs 5 weather center, good evening, everybody. we certainly have all the conditions in place for some areas of patchy fog tonight. then for your wednesday, it's going to feel like spring has sprung! the areas that will top off at 76 degrees, but first, dennis 13. >> roberta, sad news. a local coaching legend passes away. and pablo sandoval weighs in on the upcoming season coming up. ,,,,,,,, getting ready to plant? chances are your soil is like this: compacted, drained of nutrients. it'll hold your plants... but it'll also hold 'em back. the solution: miracle-gro garden soil. the perfect mix of rich, organic ingredients, and miracle-gro plant food. just mix it in. and turn bad soil into great soil. helps plants grow twice as big. instead of holding 'em back, they'll leap ahead. miracle-gro garden soil. start right. finish big. [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering. walked, and texted. and you we all know it's a bad habit. but most of us have probably done it. walked and texted. probably didn't even think twice about it. as manuel gallegus explains on the healthwatch, that's exactly the problem. >> reporter: erica schaefer is a typical college student texting on the go. >> every time i'm walking to class in between, doesn't matter. i'm texting and walking. >> reporter: but with our heads buried in our little keyboards. >> i think he had his head down foyer five seconds without watching attention. >> reporter: it makes us clueless. are you drift on the ground of?$. >> sometimes i bump into things. it happens. >> reporter: it happens because the two tasks are competing for our brain's attention say researchers at new york stony brook university. they found during a controlled study, even the most adept texters weren't aware of where they were going. >> they were walking and texting that deviation was 60% away from the straight line. that's a huge amount to be off course. >> reporter: veering off course even slightly may not seen like a big deal but hospitals report a growing number of injuries from texting and walking from chin scrapes to broken bones. in michigan, a texting sean spencer walked right into traffic. >> flying through the air, thinking, what the hell hit the ground... >> reporter: and this guy didn't notice a baby rolling onto the train tracks. rexford, idaho, recently passed a law banning texting in the street. in london they tried padding lampposts. there is even a new texting app that actually shows the ground below. researchers say we are figuring it out. >> i'm never off course. >> reporter: for now many of us are out of step with the world around us. manuel gallegus, cbs news, stony brook university, new york. mardi gras is in full swing right now in new orleans. they estimate one million people are partying in the city tonight spending about $3 million. mardi gras, fat tuesday, the last big party before the beginning of lent. live pictures. this is bourbon street tonight. and no sign the party is winding down any time soon. ♪ [ music ] i remember last year dennis o'donnell was there and he sent me back some beads. i mean, like he had beads and beads and beads. i wanted to ask him, how did you get those beads, dennis. >> you don't want to know. >> reporter: we're 10 degrees warmer than yesterday. our live cbs 5 weathercam la looking towards san francisco where we topped off at 61 which is pretty spot on for this time of the year. currently still relatively mild in the 50s and the 60s. the winds are pretty much calm. tonight overnight we'll see some areas of patchy fog and numbers will span between 39 in santa rosa to 47 degrees from san francisco through daly city into pacifica. meanwhile, what you need to know is all these clouds that were lurking today are out of here. look at the futurecast. tomorrow morning's commute the fog will dissipate earlier than what we experienced today. and that's why san jose was so slow to warm. check out your thursday morning. not a cloud in the sky. look at your day all day thursday. as we forge towards friday, we'll see near or record warm temperatures for the remaining portion of the workweek. why? well, first off, see this right here, oh, those clouds were undercutting that ridge of high pressure today masking the sunshine a little bit but we still saw livermore top off 10 degrees warmer than yesterday. now this huge dome of high pressure will continue to strengthen and as it does so, spring-like temperatures. but it's drying out the air mass. no rain until next week, we have the forecast coming up. look at last february. we had a healthy number of 101% of normal in san francisco. currently we're 40% of that. 39% of normal in oakland. look at san jose and santa rosa. 48% of where we should be for this time of the year with the dry air mass, everything seems to be blooming earlier than usual. blame it on the alder, ash and juniper if you suffer from allergies. tomorrow and thursday they will be high. weather headlines, what you need to know, overnight tonight, patchy fog. tomorrow additional warming will take place with breezy northwest winds 10 to 20 miles per hour. the extended forecast does call for rain beginning with late monday. tomorrow's daytime high temperatures we're talking about a string of 60s along the immediate seashore to 75. san mateo low 70s los gatos to 76 degrees, santa clara morgan hill and gilroy. breezy late day especially near mount diablo. 76 degrees in brentwood. mid-70s in danville. santa rosa at 74. we're talking about san francisco, 8 degrees above average for this time of the year. here's your extended forecast. kick-starting with tomorrow, a repeat performance on thursday am we'll cool it ever so gently on friday. and then by saturday and sunday, we'll call it partly cloudy both days. you will feel the difference with much cooler air mass, mid- 50s at the coast, mid-60s inland. looking at a chance of rain returning right here to the bay area. i should say looking at a chance of much-needed rain returning right here to the bay area on monday night through tuesday remaining unsettled through wednesday. so that chance of a miracle march is still on the horizon but we would need about 12" of rain just to catch up to where we should be for this time of the year. >> that's a lot of rain. >> and it hasn't since 1986 to see that much rain in a short amount of time. >> you are getting applause over here from the guys by the way on the, you know, the temperatures going up. >> thank you. we'll be right back. town this week to speak at s old high school in san mateo...brady arrives with e sad news that the man he crs for de patriots quarter tom brady is speaking at his old high school in san mateo this week. the man he credits for developing him into a future hall of fame quarterback has died. tom martinez has died after a long battle with heart and kidney issues. >> i don't quit and i don't give in but i really do believe in this case that i'm here because the lord wants me to be here to train these kids because i really shouldn't be here health-wise. >> reporter: that was martinez back in august. he had been given less than two months to live last spring. but he continued his fight. he passed away today reportedly suffering a heart attack during dialysis. a legendary coach in three sports, he was inducted into the college of san mateo's first hall of fame class this fall and never stopped coaching. >> there you go. snap it. i developed quarterbacks. i don't like the word coach. coach -- the guy next door that picks up a [ indiscernible ] is a coach. >> reporter: martinez turned 66 today. three days in the giants have their second pitcher experiencing back trouble. tim lincecum skipped practice today with a stiff back. apparently it's not as bad as the back of ryan vogelsong. so how will pablo sandoval do in 2012? will he struggle or build on his home run campaign? it always seems there will be questions about his weight but he is confident he has learned from past struggles. >> i think you can really [ indiscernible ] yourself. you have [ indiscernible ] [ indiscernible ] last year was best for me. so now i'm know what i can do now i know what i have to do. so for me last year was great. [ indiscernible ] >> the sharks have taken some lumps two-week long road trip. tonight in columbus already down 1-0. blue jackets jeff carter with the wrist shot. 2-0 columbus. carter with three goals tonight. still in the 1st, rick nash another goal. the goalie was pulled after giving up three goals on 11 shots. sharks lost 5 of 6 on this trip. kobe bryant is tired of trade rumors involving teammate [ indiscernible ] he said the team needs to move on. he gets it week's they said it award. >> i'm a man! i'm 40. >> i want oners. >> you can't say that. he's a nice guy. he would never ever say anything to kind of you know -- i will. i'll say it for him. >> he said he's a nice guy. does that mean you're not? >> some people think i'm [ bleep ], some think i'm nice. i'm cool either way. i get the job done, we win. manny pacquiao is a nice day guy. using these staredowns to promote fake fights. he wasn't up to the timothy bradley so he borrows a photographer's camera after taking afew shots at the media. they fight june 9 in vegas. this is the latest example of the big farce. the three matchups should be taking place between pacquiao and mayweather. that in fact is just a dream. people think sports announcers have it easy. >> yeah, yeah. >> but the hazards of the job often go unrecognized. >> i'm james bates -- ready to rock! whoo! man! whoo! >> let's keep it going! you see how rough things are? whoo! >> cbs needs to change their budget on the chairs. the chair broke! see? >> it did. >> wow. >> you know, james bates always wanted to gnat. and now he finally is. [ laughter ] >> whoo! >> just not the way he wanted to. he was calling the game between dayton and xavier the big-time rivalry. needed a big-time stool to go with it. when i was doing the news a couple of weeks ago over the holidays, i was sitting in your chair and i got up because they told me to move and i did a tumble down on the set right down here... >> do we have that on video. >> fortunately there was no video otherwise i would have gone national. but i'm lying on the ground this is a true story, and the producer dennis, get up, we have 15 minutes before we come back on. >> that happened to me doing the weather and i fell when i was walking across to the map and ken bastida just sat and laughed. i'll still going, it's 74 degrees... [ laughter ] >> on the ground. >> no sympathy. >> that was on tape? >> good stuff. >> then one day at band camp... [ laughter ] >> behind the scenes stories. >> i have none! >> staying out of this. >> so we're going to go. >> it's on my facebook page! [ laughter ] >> see you at 10:00 and 11:00. >> caption colorado, llc c comments@captioncolorado.com & %f0 ,,,,,,,,,,,,,,