support from the mayor elect. >> to work as hard as i can as i did when i worked 34 years for the senate. >> i want to see a change. i don't know what it's, what she's bringing to the table, but we're going to be behind her. >> reporter: back here live, you can see the rally is still going strong. anthony bats spoke out about the sentencing yesterday. he said his department needs to be better trained on how to deal with people reaching for their waistband. he also admitted no weapon was found in this particular case. this is a very peaceful rally and peaceful protest and we have no idea how long the station will be shut down and no idea how long this rally will last. live in oakland, i'm cheryl h d hurd. well, it was anything but a holiday commute across the bay bridge this morning. that's because a distraught man threatening to use a gun shut down the span for hours. traci grant is in san francisco, what chp did. >> reporter: it was pretty bad for the commuters and the traffic kept chugging along on the bottom deck of the bay bridge. while a dangerous scene was unfolding above. now, the question was, how much damage could a man in a standard sized suv cause even if his claims to be armed were true. they say their decisions were based on risk assessment. there was an incon venus to traffic and we appreciate the public's patient. >> reporter: police say he was agitated, angry and unstable this morning. he was on the upper deck of the bay bridge armed with explosives and handgun. chp says their first priority was to assess the situation. they cleared all the traffic on the upper deck and spent the next two hours negotiating with a man. cars continued to travel on the lower deck the entire time. eileen says that's alarming. >> too much of a risk to take. it is. in the times that we live, just people doing crazy things, i don't understand why they would allow anyone on the bridge. i would say evacuate it and close it off on both sides. >> when you're dealing with explosives and bombs, anything is possible, but we didn't want to react. >> reporter: chp said they had no credible evidence. charlene says it worried her, but didn't keep her from riding on the bridge. >> i like to trust our public officials in keeping us safe. >> reporter: a spokesman told us today it's safe to say a car bomb could not take out the bay bridge. he said it would have to be a lot more explosive than valentino could have fit into his car. he was extremely remorseful and attributed the breakdown to recent marital problems. now, let's go back across the bridge. former state senator says he will not contest oakland's first ranked choice annual election. he fell short with second and third place votes were factored. jodi hernandez is in oakland, where he spoke for the first time since the results were announced and what a reversal of fortune. >> reporter: it was. don per hoped the next step would take him here. he says he does not plan to challenge the outcome of the election, he says he is still not convinced that the ranked choice voting system really respects the will of the people. >> well, sure, it's d disappointing. >> reporter: he says he accepts the out come and will not contest the ranked choice of the contest that shows jean kwan the overall winner because she had more second and third place votes. >> it's an honor and privilege to have received the most first choice votes for mayor in this election by the great people of this great city. >> to me, if this were a normal election, i would have been the landslide. >> reporter: he admits he did not fully understand the ranked choice system and doesn't believe voters did either. >> i think people were confused by it. i think the unsophisticated, the elderly, people who are not english speaking, generally had hard time with this. >> reporter: benjamin bouzer, an expert in methodology, says the ranked choice system worked as intended. he said candidates should have known they needed a different strategy than what worked before. >> you cannot focus on being the first choice for a minority of the population. you have to be a first choice and then predominant second, at least second choice. for the rest of them. it makes a difference. >> i think it's hard for some to accept the fact that i've won and didn't spend $3 million and that i'm going to be oakland's first woman, an asian-american mayor. i think it's a proud moment for oakland. >> reporter: he says he's ready to do whatever he can to help if kwan asks, but the spot on the transition team doesn't sound likely. >> i'm happy and plan to invite him for lunch. >> so an ination to lunch, but not necessarily the policy table. the state is facing a lawsuit by the family of an undocumented immigrant who died after prison doctors did not treat his cancer. he was in prison convicted of meth position. a doctor did not order a bop cy after not noticing a growth. state lawyers had argued the cancer was untreatable. a separate suit against the federal court is in april. san jose moving forward with a plan to punish parents for giving teens alcohol. there's already a state law that doles out stiff fines if an adult gives a teen alcohol and hurts themselves and others. the idea is to remind parents to keep parties in control. there is a fight over resources to battle fires in bonny doon where people met to discuss the issue last night. cal fire wants to move one of its engine. they have six during the summer, which they say the enough for that size. but volunteer firefighters say when something major happens as it did no 2008 during the martin fire, the levels of staffing are not sufficient. on the peninsula, a special flag raising ceremony marked the day. a u.s. flag that was flown in iraq was hosted over san mateo. it was donated by justin ericson. he served two tours in iraq. >> pretty crazy. something i brought and it's a piece of my life. i grew up here. grew up just 20 minutes away from here. and it's kind of ties me to this community a little more and it really kind of -- areally appreciate the fact that the bay area and county is so supportive. >> the flag will be thrown for two weeks and then be displaye at the college of veterans resource center. we have a commitment to keeping the history of the assault helicopter company alive and present. >> some vietnam veterans completed their own mission today. coming up, an inside look at the chopper they restored from their days of service. well, thousands of stranded passengers are back on dry land tonight following several gruelling days at sea on a cruise ship that was dead in the water. tug bets pulled the disabled carnival splendor into port today. passengers were left to spend their vacation without electricity, hot food or even running water. >> it was absolutely deplorable conditions. >> basically salad and vegetables. some fruit. >> the two-year-old ship is out of service while it's inpekted. the cruise line has offered refunds for everyone. a look at the plan to charge drivers more to get into and out of san francisco. plus, a real treat for the owners of a santa cruz ice cream shop. why they got a personal thank you anom theyo white house. and i'm jeff ranieri. plenty of sunshine. a little warmth as well, but temperatures are going down and quickly. some 50s in the north bay, napa with 59. that's going to set us up0h 3ld. we'll have changes in our weekend forecast, coming up. deuce is back home tonight. the dog was taken from its owner the day before halloween by a pair of robbers. apparently, a couple found deuce and sold him to another stockton resident who called police yesterday after recognizing him from tv reports. a microchip confirmed the identity and he is back home. san francisco wants to impose zone charges on people who drive their cars into and out of certain parts of the city. a proposal the board of supervisors will consider will charge a fee to drive in cong t congested areas. drivers will be charged $6 to leave the northeast sector. that includes the financial district, north town. also being considered, charging $3 during peak times to cross the san mateo county line. that's the southern border of the city. ted willhoyt explains the financial reasons. >> reporter: san francisco is a busy place. gets out takes time, patience. >> i think it's crazy. >> i'd say that's all right. >> they need to money, but that's not how to do it. >> reporter: the fees would help fix potholes, increase bus service and upgrade bike lines. >> most of the people that use it are people that come to the city and work here. they're paying taxes. going to lunch here. they work here. >> coming and coming. >> i own property in san francisco, so they get me there, too. >> reporter: others see it as a way to make the city more enjoyable. >> you come here, do something you can do in 15 minutes, you do in almost one hour. i think it's going to be really good for the city. >> there might be other routes. people should ride their bicycles or walk. take public transportation. >> reporter: the project needs further study and if approved, it will be 2015. the owners of a new ice cream shop have seeing a boost in business after getting a call this week from joe biden. he called them to say thank you for making this youtube video, praising the economic stimulus act. david and baker needed a $250,000 loan to start their business and say they couldn't have done it without the obama administration's help. >> that's what the american recovery gives back. funding for the loan guarantee. >> now, biden told the business owners that at some point, he was going to be coming in for ice cream. well, you can add walma walmart.com to the list of retailers trying to lure you in. amazon, borders and l.l. bean are also waving fees over the holiday. and now that you're in the holiday mood, the spirit is very strong in the east bay tonight. >> diane is live at the opening of the holiday ice rink. i love that holiday ice rink, diane. it's so much fun there. >> reporter: so do i. this is a sixth year and we've had the opportunity to open up the rink every year. nbc bay area is one of the sponsors. with me now is mayor sue rainy. can you fill us in? this is lots of fun and beautiful. i assume it's good business, also. >> it's excellent business. we have had such a success over the last five years with this being our sixth season. we average about 40,000 skaters a season. sometimes, more. our highest was about 46, so it's great. >> as you look out here and see these folks having a wonderful time and families, several generations, how does it make you feel? >> wonderful. you see families, small children. parents out there. it's just a wonderful community feeling. >> i have to agree. what i love about it is that we're outdoors. that feeling of being outside and you can smell the pine needles and you're starting to get in that holiday spirit, too. >> nice and crispy, too. >> would you like to invite everybody out here? >> yes, come to walnut creek and skate. >> so, i will do what you tell me to do. i will do a little bit of skating as i hand it back to you. jeff, i hear you had kind of a hard time? >> i took a little bit of a spill. my knees still hurt. >> diane, he did a triple toe loop. >> i'm going to do that in a second as soon as we go off camera here. >> thank you, diane. >> bye. >> she disappears into the crowd. >> somebody, i used to work with, used to take me skating all the time. but i haven't been invited by anybody here. >> jeff would be happy to take you. >> i'll try not to take you down with me, too, when i fall. >> it's perfect weather here. >> it's really nice. we've had the clear skies and cold nights, so if you are headed out to an ice rink, walnut creek or san francisco at union square, it is the perfect kind of weather. temperatures dropping quickly. throw on the jacket, get a little scarf action on, maybe the gloves. take a look here at the temperatures today. it was a little mild for this time of the year. for most sponsors, right about near average, 68. 66 in livermore and 67 in fairfield. outside now, a little wind happening in san francisco. winds westerly at 13. g guster higher at san bruno mountain. live to walnut creek. sorry about that. we're not, but maybe later on in the show. take a look here at our visible satellite loop. it is clear as we look around the bay area. nothing in sight, but as we take you out wider here, we're following a storm system in the northwest producing rainfall. high pressure continues to move in just the right spots and that's actually going to bring us mild conditions. don't you love the beauty of live tv? let's talk that shot right now in walnut creek as everyone's kind of getting into the spirit. looks like they need a few lessons from me. temperatures throughout morning, low to mid-40s in the north bay and low to mid-40s in the south bay. cold start for friday morning and as we head into friday, w we're expecting temperatures to spike to the low 60s. 6:00 a.m., temperatures near 40 degrees. that's the latest on your weather. >> jeff, thank you. well, back to breaking news at the fruitvale bart station, which is now reopened. there had been a demonstration by about 100 people over a police shooting monday night in the city of oakland. briefly, the fruitvale bart station had been closed down. at last word, bart has reopened the fruitvale bart station and the demonstration is over with. >> we'll have an update later in the newscast. still ahead, a twist on the twisted. a controversial exhibit heads back to the bay area but with a plus, how you can stop unloaded catalogs from overloading your trash can. the black widow spider's severe bite can cause coma and even death. the african black mamba can kill a man with one bite. but there's an even deadlier predator s cigarettes, produced by big tobacco, which take a life every six point five seconds. don't be big tobacco's next victim. texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? somebody help me down. amazon has upset a lot of viewers by a book that offers advice to pedophiles. as of today, the book is unavailable. this is what comes up now when you try to access the pedophiles guide to life and pleasure. this follows hundreds of angry responses. amazon has not xhepted publicly. with all the deals and ads coming our way, so are all the catalogs. 19 billion mailed out each year to consumers. it takes 63 million trees to produce them. consumers often just toss them in the recycling bin or trash. >> anytime your producing something out of paper, that's wood involved ink and paragraphs. it's mailed to your house. a lot of components that have an environmental impact. >> you can sign up to catalogschoice.org which lets you opt out. and just ahead tonight, outsourcing. the department that serves and protects. one popular bay area get away gets ready to drop its police force all together. why some fear the growing waste line of america's use could be a threat to national security. and a bay area college student is about to get kicked out of the country. we'll tell you about the rally and protest that's planned on his behalf. >> i'm cheryl hurd live in oakland. the bariostt n is n iow open. i'll have an update on the protest coming up. welcome back. we want to update the breaking news we've been telling you about. bart has reopened the fruitvale station. >> it was closed down because of a protest over the latest police fatal shooting. cheryl hurd is there to tell us more. >> reporter: the gates are now open as you can see. about 15 minutes ago, passengers started going in. police officers were in riot gear. right now, things are wrapping up. bart is calling this a case of civil disobedience, protesters calling it a cry for justice. about 150 people at the height of the protest today gathered at the fruitvale bart station marching from vancroft avenue to the fruitvale bart station. they're calling for justice for derek jones and oscar grant, who was gunned down in january 2009. the two police officers in the jones case are on paid administrator live. police chief is investigating the case. civil rights attorney burris is taking on the case for the jones family. we'll have an update coming up at 11:00 tonight. >> thank you. it came down to just 200 ballots in half moon bay, voters defeated a crucial sales tax measure on election day. it was the city's last chance to keep its own police department. elise is live at half moon bay with what it means for the people who live there. >> reporter: just two police cruisers here, now, there could be even fewer. they say defeated measure k is worth it. >> it was like to save the village, we'll bomb the village. >> reporter: the bomb she say, was coming in the form of a 1 cent sales increase. the owner of ocean books said had it passed, it would have been a end of her and many businesses on kay street. >> let's just tax the merchants so they're customers won't show up. >> what's on the table now is the police department itself. the city is looking at a deficit that's looming. >> reporter: now, with measure k defe defeated, $1.2 million must be slashed from the general fund by june, so most likely, the city will be forced to contract its department to another agency. bringing outsiders in could hurt public safety. >> we know what families are troubled, who the criminals are. you know, there's always that advantage. >> reporter: and the city councillor says cutting the budget -- >> it's a difficult situation. >> the city's thinking, wow, we'll just recoup it and put it on the backs of the merchants. >> they say they're looking at pacifica and the sheriff's office in the city. >> all right. thank you. oakland is pushing ahead with plans to expand the medical marijuana business inside the city. city council is approving plans for four large scale marijuana farms. the first in the country to be government sanctioned. they decided to double the number of dispensaries from four to eight. and while selling it is legal, growing it is a federal offense. the legality of the proposed farms is still in question. a college student will be deported monday. that is from steven lee's office. his friends though are planning last ditch effort to keep him here by rallying outside barbara boxer's service office tomorrow morning. this week, the board of supervisors denounced the deportation and announced the dream act. on this veterans day, the widow of south bay native pat tillman granted his first live interview on the "today" show. he was killed by friendly fire in afghanistan. his wife, marie, now leads the pat tillman foundation, which supports veterans and their families. while the family waged a war against the military for his death, marie talked about her silence. >> i was involved behind the scenes, but it was a very sort of private thing for me when pat was killed that was played out publicly. for me and what i needed in order to start my heeling process, i just needed to maintain my privacy. >> she says her goal is to shine the spotlight on the charitiable group she founded in her husband's memory. the economy is helping recruiters meet their needs, but there is a growing threat and it's obesity. some military officials say the problem that affects 20% of teens in the country could undermine national security. >> just want to get a good steppingstone for my career. >> 19-year-old jay has always wanted to join the military. he's smart and motivated, also overweight. >> why can't i just go right now. >> paul n