department? now, the police chief himself is on leave. >> from kpix5, this is the late news with sara donchey on cbs news bay area. >> hi, i'm sara donchey. the oakland police department has just la chapter alnigh chietrha been sidelined after a report detailing misconduct inside of opd. the report came after an investigation from an outside law firm. an officer throwing some kind of evidence off of the bay bridge. the report said the handling of these incidents quote exposed systemic deficiencies in the department's ability to investigate misconduct of its members. most disturbingly, some of the deficits appear to stem from a failure of leadership and a lack of commitment to hold members of the oakland police department accountable for violations of its own rules. mayor sheng thao and the administrator made this announcements saying the decision was not taken lightly, but they have to hold officers accountable when theyic's trust nakano talked with an attorney and auditor to get their reaction and asked them what needs to change at opd. >> reporter: the oakland police department has been under a federal oversight more than 20 years after a civil lawsuit was filed in 2000. a group of officers known as the riders was accused of beating black residents, planting drugs and falsifying records. since then, they have made great strides and was on a one year probation. now, this may set opd back once again. >> there has been a lot of good work. i certainly thought we were easing toward the finish line. >> reporter: john was one of the attorneys who filed a lawsuit against oakland in the rider's case in 2000. opd was on track to end the federal monitoring in may. >> now, we have to stop. reassess. see what need to be done to prevent this from happening. it may or may not get done before the may period that we were anticipating. but, whatever period of time it takes, we will do it. >> reporter: buress had applauded chief armstrong's work but now chief armstrong is placed on administrative leave. the officer is accused of failing to report two incidents he was responsible for. a hit and run, and an accidental discharge of a service weapon inside an elevator at opd. the captain of internal affairs is then alleged to have minimized the severity of the misconduct to avoid the appropriate consequences. >> have you lost confidence in chief armstrong? >> not in his decision making authority. but i have lost confidence in the fact he didn't have people in the right place to give them correct information. >> reporter: while he believes the department can fix is problems, former federal judge and police auditor ledores says there is one fundamental issue. >> the police can never investigate themselves. >> reporter: cordelle appreciated the transparency in the 17 page report released by the united states district court. >> this report reads like a novel. it has lying and cheating and cover-ups and illicit intimate relationships. the sad part, it's not a novel. it's not fiction. it's fact. >> reporter: as a former police auditor, the only issue she has are the recommendations to fix the problems. she doesn't believe it is just a matter of systematic failure with the internal affairs department. >> if you want to reimagine policing, get rid of internal affairs. just get rid of it entirely. bring an independent civilian unit that will investigate all misconduct that is alleged against officers. >> reporter: there will be a court hearing on the 31st to discuss these new allegations. even if the court approves the recommendations, it will take time to implement the new procedures and make sure they work before the oversight ends. assistant chief allison will now serve as acting police chief for the second time. it led to the department of two weeks in 2020. we don't know exactly what comes next for armstrong. the department, by the way, has had 11 police chiefs the past 21 years. in fact, in 2016, they had four different chiefs over the course of just nine days. president biden came to santa cruz county to see all of the storm damage for himself today. from the air and from the ground. governor newsom greeted the president when air force one touched down at moffet field at mountain view. then they took off on marine one to see the damage from above. president biden visited capitola where many businesses were wiped out. max darrow talked to the owner of a restaurant who hopes the presidential visit will speed up relief. >> reporter: this is a look at zelda's on the beach. the owner john says the storms at the beginning of the year were nothing like he has seen before. >> it hit way different than it ever has. >> reporter: from the businesses to the homes, to the wharf. the damage in capitola is extensive. and on thursday, president biden met with him and others for a firsthand look at the devastation. >> the country is here for you. and with you. we are not leaving until things are built back. and built back better than they were before. >> reporter: before his visit to capitola, fema announced the president approved increased disaster assistance for california businesses. >> they will get help to recover. to apply for assistance from fema, you can go online to disaster assistance.gov. >> hopefully the support sba loans for the businesses to get back on their feet as quick as they can. >> reporter: while the president's visit won't have an immediate impact on businesses here in capitola, some business owners tell me the attention and the newly announced assistance gives them a new sense of home. like melissa who owns carusso's tuscan cuisine. >> with his own eyes he will see how bad it is down here. it is one thing to see it on tv, but to see it in real life makes a huge difference. the sooner he helps us out, the sooner our village will come back. >> the more attention we can get, the more assistance we can get. >> reporter: they have a long road ahead, but he is optimistic about the future of his business and everyone else's. >> we have survived the pandemic. it was doable. we survived other storms. and earthquake. i think it just reminds me how strong the community is. and how important it is just to get built back and reopened. >> reporter: if everything works out, he hopes zelda's will be back in business by memorial day. just in time for the high season. how about this for storm damage? that is tough to look at. that is cedar lane in orinda. it is closed off tonight. you can see why. one home is just sliding down the hillside. and another could be right behind it. while neighbors are worried about themselves and their neighbors, they appreciate how the neighborhood is banding together with the situation. >> i wondered how safe our house being that we are next to the one with the big slide is. it's fine. this is a momentous experience and i'm so happy about the neighbors and the empathy they are showing. >> that is really a difficult situation there. the city of orinda has red tagged the first house and yellow tagged the second which gives that family at least a little bit of time to take out their belongings. well, still ahead tonight, a san francisco college student vanishes. the warning tonight after a polar plunge went terribly wrong. charlie? the golden state warriors were back in boston for the first time since hoisting that nba championship trophy. we had free basketball in bean town. who doesn't love overtime? i'll tell you who. the golden state warriors. details later in sports. 24 hours ago, we were tracking the last batch of rain in this wet weather pattern. didn't amount to a whole lot. but it was certainly coming down at a good clip. 24 hours ago. now, we are into a long stretch of dry weather but i will tell you what, our recent rain, what difference that made for drought conditions across the bay area and across the state, coming up. if you have ever worried about the ai takeover, this one will probably keep you up at night. the improvements made on this robot that has it looking more human like than ever before. and, former illinois congressman adam kinsingger is the a san francisco state student is missing tonight after he disappeared in the water off pacifica during a polar plunge exercise. the student in his 20s was with two other friends. police said a big wave hit him and pulled him from the shore. >> our teammates went out to do a polar plunge which is get cold, get the feel good hormones going in your brain. and they were going out. we have done it before. and, today's current just wasn't as forgiving . >> the national weather service warns of sneaker waves. the coast guard was forced to pause the search when the sun went down. this is surveillance video from doobie night ins santa rosa early monday morning. at least seven people pulled up in nice cars. then they broke in and stole marijuana and money. this is the aftermath. the door was kicked in and the shelves were empty. so empty that the manager said the only things left were what the thieves dropped on their way out. >> they came through, you know, like they were ready to meet somebody in the lobby. you know. like if somebody was here. they had the guns drawn and ready to go. all we can do is just get proactive and beef up our security. and being more vigilant. they were getting so brave, they are hitting multiple locations in the same area. >> police do think the same group hit another dispensary the same night not far away. this is down under industries. this is in petaluma. luckily, the owner got alerted by her security system just in time. and called police to the store. they got there on time and arrested two suspects. the big tech job cuts continue. intel says they are laying off about 200 worker ins santa clara by the end of the work. they are also considering cutting 350 more jobs in sacramento county. facebook parent company meta is getting rid of about 435,000 square feet of office space in downtown san francisco. they have listed the high-rise for someone to sublease. well up in sonoma county, a magnitude 3.6 earthquake shook people near cloverdale. it hit around 5:18 this evening five miles southwest of the city near the lake sonoma recreation area. so far, no reports of damage or any injuries. well, this was a pretty interesting rescue on ocean beach. a dog is safe at home tonight after getting himself trapped between a rock and a hard place. take a look. here is the video. a jogger at the beach said he heard a muffled bark and then that is where it was coming from. that is one-year-old gwynn. the springer spaniel. nobody knows how she got herself into the situation. but rescuers were able to pull her to safety as the tide came in. she is now back at home with her family who had reported her missing. >> poor thing. >> poor baby. i'm glad she is back. >> she is back. we are glad to hear that. we have had a nice little calm stretch here. this will be our first of back to back dry days before christmas. we are two-thirds of the way through january, but all this rain has had an impact on the drought situation so we will start with that. that's the silver lining to all of the clouds squeezing out all of this rain. it has been destructive and tragic with the number of lives lost but it has made a big impact on the overall drought situation which is good news. it is just too bad it had to come along with all the other effects. this is what the drought map looked like a month ago. extreme drought in parts of the north bay and the east bay. the rest of the area in moderate drought conditions. the moderate drought has really been shrunken down to, the severe drought has been shrunken down to the central valley and the extreme drought has been erased. let's look at the statewide perspective here. and, we are really looking at much better news across all of california. zero percent of the state in exceptional drought. zero percent of the state in extreme drought. almost half of the state is in severe drought conditions. it is the first time since none of the state is in exceptional drought. this 43% is the lowest number we have seen since november of 2020 and it has been almost three years. since april of 2020, that none of the state is in the worst two drought categories. now we still need some additional rain as we head into february and march. to make sure we chip away at the drought conditions. but let's enjoy a dry stretch of weather while it's here. bursts of offshore winds occasionally the next couple of days but in general, a tranquil weather pattern as we head into the weekendened a a gradual return to near average temperatures despite some passing clouds over the weekend. let's check out futurecast. let's zoom through the next few days because there is no rain to look at for the first time in a while. clear skies tomorrow. plenty of sunshine. passing high clouds on saturday. similar conditions on sunday. but these clouds are not substantial enough to squeeze out any moisture over the bay area. in fact, the next hint of a rain chance does not head our way until the end of next week. the last weekend of january and even then, we are talking a 10 to 20% chance of maybe a shower headed our way. the really long range data points to the showery pattern. not an inundating rain pattern. a showery pattern headed our way as we finish up january and head into february. that's a couple of weeks away. clear skies, temperatures dropping off. another 37 at livermore. 39 in concord. also 39 in santa rosa with other temperatures in the 40s still at this point. we will drop down to the 30s . widespread. for inland parts of the bay area with a mix of 30s and low 40s around the water. that is below average. but it is not close to record setting. we will be warming up gradually. plenty of sunshine overhead. temperatures low to mid 50s . that is about three to six degrees below normal. because that weak january sunshine can only do so much to warm us up. once we start off chilly. a return to normal temperatures in time for the second half of the weekend, which is important. the 49ers game against the cowboys. 58 degrees at kickoff. keep in mind, kickoff is at 3:30. the second half, the sun is going to go down at halftime and temperatures will drop off quickly during that second half. make sure you have a sweatshirt, a jacket, something like that to layer up. temperatures do stay near average as we head through the second half of the weekend. and most of next week. that means a mix of upper 50s and low 60s and yet another rain free seven day forecast. it will take a little bit of getting used to after such a wet start to 2023. charlie? all right, we have an nba finals rematch in boston to get to. first trip back to the garden for the warriors since the nba finals and they needed extra basketball. highlights from a thrilling finish in one of the better shots you will see from steph curry coming up next. all right charlie, thank you. what could be the worst case scenario for alec baldwin if he is convicted in the deadly movie set shooting? okay. charlie knows a little something about warriors celtics matchup. because, you were there and got heckled by fans during the playoffs. right? >> i had a lit cigarette thrown at me last year! >> a lit cigarette? >> trying to do my live shot. that's tough tv right there. and that's how tough the boston fans are. i'll tell you what the warriors ultimate achilles heel is. road overtime games. the dubs are already bad enough in ot. just 2-14 since 2018. the dubs last road overtime win was over portland back in the 2019 playoffs. warriors back in boston for the first time since clinching the title last june. a wild sequence to end the first en state turns it over. jayson tatum has his pocket picked by steph curry. heave at and got it. warriors had a 55-54 halftime lead. third quarter, andrew wiggins, wide open lane. three is worth more than two. three minutes remain in the game. celtics with the block. jordan poole, thank you very much, i'll take that. i'll lay it in. dubs go up four. 20 seconds left. warriors up 106-103. jalen brown knocks down the three. ties it up. we head to overtime. in overtime, boston up four. tatum. the celtics come back to win, 121-118. golden state drops back below 500. they are 22-23. dubs wrap up the road trip friday. in cleveland. on sunday, the 49ers face the cowboys in the post season for the second straight season. very similar team to last year to the 49ers have. but they do have some thfor em team did not. a season ago, san francisco had to deal with fatigue and injuries on their run to the nfc chspot with thre games left. got extra rest after their wild card round win. and have nearly all their starters ready to go from week one. >> more rested. healthier at this point in the season. i think we are only missing two starters from week one in the season. we just got an extra two-and-a-half days on dallas. last year. every game was like, we need this win to stay alive. and, we just had a little different scenario this year. australian open. after upsetting rafael nadal, makenzie mcdonald was forced to serve underhand after suffering an ab injury. he lost his match to yoshihito in straight sets. saint mary's trying to stay unbeaten in western conferencely. second half at pepperdine. off the miss. gales got the rebound. kick it out to alex dukas. saint mary's had the 19 point lead. the gales cruise. 73-44. the dons men's team beat pepperdine. and santa clara beat byu. up next, alex baldwin is not the only one pacing charges in the rust movie shooting. the possible prison time on the table. actor alec baldwin is being charged with a crime. involuntary manslaughter for the deadly movie set shooting in new mexico. baldwin was holding a prop gun that went off in a 2021 rehearsal for the western film rust. the bullet killed cinematographer halyna hutchins and wounded the director who is from fremont, by the way. the santa fe district attorney says a pattern of criminal disregard for safety on the set. a woman named anna reed, an armorer will also face manslaughter charges. >> a number of criminal attorneys were not only saying there was a lack of intent here, but we are not sure we see that level of criminal negligence. on the other hand, what we saw from the prosecutor, i think this is was being planned for a while. >> if both are convicted and that is an if at this point, they could face up to 18 months in prison and a $5,000 fine. the da says a harsher penalty of five years in prison could be on the table because the crime involves a firearm. still ahead, it can do back flips and construction work. is this robot a genius inventio do either one of you guys like the matrix movies or terminator? >> of course. >> if you are into the sci-fi narrative about machines taking over, you will like this one. if you are not, this may not be quite so great. take a look and we will explain after. >> what is that? a 42-inch vertical? good lord. >> this is an atlas machine created by boston dynamic. 28 hydraulic joints. 3d printed parts. it is design today be agile like a human. there have been upgrades like the gripper hands. and the video set a fake construction site. it grabs the tool. makes the bridge. and then you see it flip. so, yeah. i mean, people were talking about this online. take a look at this. people were on twitter talking about this. and, this guy tweeted jonathan kimball. how is it at not showing up or billing you on an hvac unit? >> jimmy kimmel's brother by the way. a good question. but i think people are a little scared. >> yeah, can we stop making them more terrifying? >> charlie is okay with the murder as long as it vacuums. >> thank (upbeat music) - hi everyone, and welcome to legal help center. this is where we have professionals standing by to answer your questions regarding personal injury. that was not your fault, like a car accident or a slip and fall, we can help.