name. go to our facebook page facebook.com/cbssanfrancisco. tomorrow is a big nfl deadline that could determine which team or teams move to los angeles. what is oakland doing about it? apparently not much. kpix 5's mike sugerman is at city hall right now. mike. >> reporter: well, veronica, it's a move to l.a. so maybe it's fitting that this is the hollywood ending. it's a daily drama. it's a cereal saga. a deadline tomorrow. will the nfl accept the excuse the dog ate my homework? maybe not. but oakland doesn't have much to show right now. the plan demanded by the nfl tomorrow steams have dropped into -- seems to have dropped into a black hole. mayor libby schaaf is still working on a letter and didn't have time to talk even though the deadline was known for months. >> it's a self-imposed deadline from the nfl. there's nothing to stop them from allowing cities that they want or care about another week or two whatever is necessary. >> reporter: st. louis and san diego are trying to keep their teams and are working on stadium deals. right now there is no deal in oakland that's been agreed to by the city and team owner mark davis, no plan to submit to the nfl. >> you always want to meet your deadlines. i'm not sure that's going to kill any deal in oakland by not getting permitted by tomorrow. >> reporter: oakland taxpayers are still on the hook for $100 million to pay to change the coliseum 20 years ago for the raiders. mayor schaaf has never wavered on her pledge not to spend any more money on the keeping the team. >> the infrastructure inside the stadium is up to the team. the infrastructure outside the stadium is open to the public, that's something else. that we would work with that modest way. >> reporter: the mayor indicated tax money going to roads and sidewalks might be available. but nothing formal yet. that's what the nfl will officially hear tomorrow in the letter that schaaf is still working on. well, so just moments ago, we received word that the mayor is ready to talk to us. and we are going to go upstairs to city hall and see what she has to say. we'll tell you when we come back at 6:00. in oakland, mike sugerman, kpix 5. shoplifters with an eye for high-end eyeglasses are on the run tonight. police say the surveillance video shows the couple in action at a store in fremont december 18. the manager tells us nothing seemed wrong until after they left. that's when an employee noticed 10 frames worth $400 each had disappeared. the manager checked the surveillance video and saw how the two pulled it off. >> really nice to all the patients open doors to all the patients saying hi and everything acting very nice, you know, uhm and then they just came in, um, looked around while my, um, employees were busy, they were just -- they took the glasses and pocketed them. >> and it might not be the first heist. the office manager says a store in san jose told them it got hit the same exact way. he says the suspects looked very similar. not the typical call we hear in the newsroom. but bomb squad called to a fire station. it happened at station 11 on the villages parkway in the evergreen neighborhood of san jose. a man found boxes of potentially explosive materials and took them to the fire station thinking he was doing the right thing. once firefighters saw it, they evacuated nearby homes. >> they were cleaning out an old storage unit found this product and were like doesn't look safe and brought it i think appropriately to the fire station. we would ask people in the future to not transport that material but call us to the scene that we could evaluate it there. >> the boxes contained old style blasting caps and black powder using in mining. the "all clear" was given in about an hour. it was so cold this morning, crews at sfo and mineta san jose had to de-ice planes before take-off. >> let's straight to brian hackney in the kpix 5 weather center. >> it will not come as a shock to you to find out it's going to be cold again tonight. temperatures sub freezing in parts of the bay area despite the fact there's no freeze warning in the bay area tonight. we'll be below freezing at livermore and near it at santa rosa. and in napa and in san rafael. so another cold one on the way. cold but mostly dry. the system that produced a few showers for us on sunday night monday morning in the bay area is now over the southland. but you know the big story this week in terms of the weather nationally with the tornadoes and the flooding in the midwest that system is now moved up to new england where it is producing snow and ice and heavy rain and record-breaking flooding in the missouri region. now it's all over new england. and so in fact is a reporter who used to be here at kpix 5. brian webb. now with cbs news to tell us what the latest is. brian, it is so good to see you. how are you doing? >> reporter: hey, brian. good to see you, too. we have it had pretty easy in the northeast until now. today we have had our first hit of winter weather in the northeast, we have had ice, sleet, snow, all in the past 24 hours but it is nothing compared to what they are seeing in the "show me" state. water has nearly submerged a mcdonald's, super 8 hotel and gas station in st. charles county near st. louis. nearby homes are flooded almost up to their roofs. rivers in the area are still rising, prompting missouri's governor to activate the national guard. >> it's a very serious situation and the state of missouri is stepping up with a serious response. >> reporter: the unusual winter flood has caused more than a dozen deaths in the state most of them drivers who entered swamped roads. parts of two interstates in missouri and illinois are shut down and authorities called a mandatory evacuation in the small town of west alton, missouri, where a river spilled over a levee. south of st. louis, the mississippi river is expected to crest at record levels thursday. the storm also brought ice, rain and snow to parts of the east including here outside new york city where record high temperatures were set just a few days ago. some, like eric sylvester, aren't letting the winter weather bother them. >> i didn't think it was going to be that cold out so i just wore some shorts. >> reporter: are you regretting it now? >> no, it's not that cold out. >> reporter: it was looking more like december in western maine and eastern maine where children built snowmen and drivers cursed the roads. >> very bad right now. >> reporter: a number of accidents record across new england, reminding people in the region what winter is usually like. and we had less than an inch of snow where we are so really just a test run for residents in this area. live in golden bridge, new york, brian webb, kpix 5. well, we just checked a little more than 1, 000 people still without gas service in eastern contra costa county. pg&e shut off the service in discovery bay and byron over the weekend because of mechanical issues. more than 6,000 homes were left without heat as temperatures dipped into the 30s. pg&e workers have been going around the clock to restore service. it's taking so long because they have to go door to door to relight everyone's pilot lights. investigators are trying to figure out what sparked a fire in napa that burned a house and barn. chopper 5 was over the property on wooden valley road this morning. firefighters closed the road as they tried to put out the flames around 6 a.m. they say power lines made the firefight difficult. we have new video of a small plane crash in anchorage. the plane belonging to the alaska civil air patrol clipped a building and slammed into a second and burst into flames. the pilot was killed. the fbi has joined the investigation but won't say why. one of the buildings hit includes the attorney general's office. the fugitive teenager who used the "affluenza" defense to avoid jail time in a deadly drunk driving crash is on the way back to the united states. how investigators say he and his mother disappeared. coming up. >> plus, why olive guard zen charging $400 for one meal. -- why olive garden is charging $400 for one meal. >> and what you need to know to keep your family and yourself safe from a spreading virus, next. ,, ,,,,,,state says there are a lot more cases this year, than last... marin county health offi we are ending the year with norovirus outbreak. the state says there are a lot more cases this year than last year. marin county health officials have this advice. >> the most important things that anyone can to do protect against norovirus are a handwashing, especially after we use the bathroom and before preparing food. >> as unpleasant as i know this sounds, health officials are also calling this the winter vomiting disease. a would-be gun burglar is behind bars tonight. sunnyvale police say they identified jared white gold wo jerod wold by his tattoo that says, i hate cops. he allegedly stole two cars but was caught by a police spike still. it doesn't appear he got away with any guns. a fire burned through an apartment building next to golden gate park. it started on the second floor of the building on fourth avenue at lincoln way and spread to the unit above. fire crews had it out in an hour. they rescued a cat but it later died. 15 redwood trees won't be cut down after all to make room for a transit center in downtown novato. some trees will go as part of the project but not the redwoods. opponents fought the project to save the trees. but the city says it never planned to remove the redwoods. new at 5:00 a hollywood actor busted. >> what landed this former "glee" star in handcuffs coming up. >> and we are 40 days away from super bowl 50 here on kpix 5. just a little more than 39 days. consumerwatch reporter julie watts with a warning for homeowners thinking of renting out their homes for the big game. ,, ,, ♪ life... is unpredictable. life is deaths. and births. sickness and health. love and heartbreak. and covered california is there for it all. not just to help keep you well. but to make sure the cost of being unwell doesn't ruin this whole life thing. because it's more than just health care. it's life care. the u-s and evaded authorit nearly two weeks ago are in custody tonight. ethan couch was convincted in a 2013 deadly the so-called "affluenza" teenager and his mother are in custody tonight. ethan couch was convicted in a 2013 deadly drunk driving crash. he was only given 10 years of probation. cbs reporter omar villafranca tells us if prosecutors get their way, he and his mother will face jail time. >> reporter: mexican authorities apprehended ethan couch and his mother tanya in puerto vallartata . of the 18- year-old had apparently tried to disguise himself. his blonde hair was brown when he was caught. the pair disappeared this month after couch missed a meeting with his probation officer. >> they had planned to disappear that they even had something that was almost akin to a going away party before they left town. >> reporter: couch got probation no jail time two years ago after killing four people in a drunk driving crash. during the trial, a psychologist testified that the teen suffered from "affluenza," suggesting his parents' wealth left him without a sense of responsibility. authorities say they will try to transfer couch's case to an adult court. >> now that he is in custody, what do you want to happen to ethan couch this time around? >> i would like for him to be held accountable. >> reporter: they will charge his mother with hindering and apprehension. >> that is a third degree felony with two to 10 years. i think the mother deserves to be incarcerated. >> reporter: if his case isn't transferred, he faces a maximum of just four months in a juvenile facility. omar villafranca, cbs news, fort worth, texas. the chicago police officer charged with the murder of a black teen has pleaded not guilty. dashcam video shows officer jason van dyke shooting laquan mcdonald 16 times. the video wasn't released for more than a year. the victim's family wants the officer's trial televised. >> we seek justice in this matter. we need all of the help that we can get to make sure that that's reality. >> chicago is dealing with protest. a man was killed on friday along with his 55-year-old neighbor a woman police admit was an innocent bystander. member of the cast of "glee" is arrested on child pornography charges. mark salling was taken into custody at his los angeles area home. police say he was being investigated by the lapd's internet crimes against children task force. mark played noah puckerman on "glee" from 2009 until it was canceled this year. campaign 2016 now, donald trump has a new target for his attacks. the clintons. trumped returned to the trail stomping in new hampshire. he took a shot at the state's largest newspaper for calling him a crude blow hard in an editorial. now he is setting his sights on the clinton's. he put the blame on president clinton for hillary's failed white house bid in 2008. >> frankly, he did very, very poorly. he was not good for her and obviously she lost to obama and that was the end of that. >> trump was not done. he says president clinton's affair with monica lewinsky is fair game in this campaign. hillary clinton says campaign sent out a fundraising letter saying, while they can't stop trump from talking, they can keep him from becoming president. new at 5:00, bay area commuters can get in on the super bowl spirit. clipper is offering three collectible cards to celebrate super bowl 50. they will be available at stores that sell the cards. clippers service centers and online. they cost $3 each. they are going to be a lot of football fans looking for places to stay during the week leading up to the super bowl. consumerwatch reporter julie watts has a warning for homeowners looking to rent out their homes. >> reporter: the signs are popping up all over offering to help you cash in by renting out your home for the super bowl. who wouldn't want to make $10,000 a night? >> that's bizarre. >> very inflationary. >> but it's the bay area so nothing will surprise me. >> reporter: but like the super bowl, be prepared for a catch. >> you know, you have to be just careful of companies that make outside promises about how much they can rent your home for. >> reporter: the arizona-based company behind the processsters around town requires homeowners to pay $895 just to list their home on the site o a fee it says includes the professional video and advertising and while super bowl rent.com tells us it will refund that listing fee if your home isn't rented -- >> there are more established companies that will do it for free. >> reporter: it seems every year super bowl cities are bombarded with headlines warning of house rental scams. many of the companies in question are based in arizona. the better business bureau suggests to avoid companies that ask for an up-front fee and be wary of too good to be true photos online. we found this one on several sites including one that says it's in virginia. if you want to rent your home go with a well-known company that doesn't charge an up-front fee and that does offer insurance and damage protection and set a realistic super bowl price. >> i think i could make a lot of money. >> reporter: even in a super hot market like san francisco. >> $12,000. [ laughter ] >>have a good day. >> reporter: we found no reviews either way about super bowlrent.com online. the company tells us its success race for renting out homes is between 45 and 60%. it's been around since 2012. although the owner admits some of the photos on the website are actually homes in other states and we confirmed at least one of the homes is actually in san francisco that's not for sent. some of the signs on posts were put up illegally and will be taken down. >> $800 to list. >> a lot of sites will do it for free. not to say this one won't help you to rent for $10,000 but a lot sites will do it for free and you not have the to pay up front. >> thank you. all right. time flor hackney and tell us about the -- time for mr. hackney and tell us about the cold and rain. >> things may open up next week. we'll see. it's going to be cold. numbers mostly in the 50s and 40s under clear skies. that will change before tomorrow morning. we get this weak system coming down as we head outside and have a look at the bay bridge. the numbers right now concord 51. oakland 50, as well. livermore down to 48. it will be below freezing by the time sunrise comes around. high pressure sending most of the energy into the pacific into canada but one bit of energy is coming into the north bay by tomorrow morning. and so we expect just an anemic chance of showers with that low. for the most part by tomorrow afternoon, we'll have high pressure over us. it will be dry and it will be dry all the way into 2016 until another little impulse comes in late on sunday so we are going to be looking for things to clear up after we increase clouds tonight and maybe squeeze out a shower or two. by wednesday around 10 a.m., it looks like this. you can see mostly cloudy skies over the bay area. green representing at least a chance of a few widely scattered showers would amount to next to nothing unless you go up toward ukiah in which case you might pick up a quarter inch according to some of the rain models .05" in santa rosa but for the south bay anything south of the golden gate bridge, nothing. as we look at the pretty side of san francisco and the fading light of this day, cloudy, showers through new year's day. temperatures in the 50s tomorrow after the fog the sun heading north expect some rain. overnight lows tonight it will be chilly again with 35 degrees vallejo. 35 napa 33 santa rosa. for tomorrow, we are going to be looking for all of the numbers baywide to be from the low to mid-50s and in the extended forecast, the numbers do warm, however slightly, by the time we get to sunday. mid-50s. slight chance tomorrow morning, then sunshine. slight chance late sunday night. good news, new year's eve looks a-okay -- except it will be cold. >> we can bundle up. >> as long as it's clear. that's nice. >> it is. forget the dollar menu. this burger is on the $40 men. >> you what the restaurant says makes this burger so special next on kpix 5 news at 5. >> but first, stocks were up today on news americans are feeling more optimistic about the current economic conditions and about the future. here's a look at closing numbers from wall street. ,,,,,,,,,,,, caught on camera. today.. police arrested him. union city police say numers last night we showed you a suspected burglar caught on camera. today, police arrested him. union city police say numerous tips led them to john winchester and he was arrested in livermore. he is also suspected in some package thefts in pleasanton. investigators say winchester is the man seen in this surveillance video hopping a fence trying to get into a home through a sliding glass door. on this one he gives up and left. you have a hankering for aburger? you have 40 bucks? the royal dorian restaurant in san francisco's marina district has just the burger for you. called the royal dorian, it includes maryland crab. as for a side, that $40 burger comes with truffle fries. >> looks good. new year's eve in times square definitely a unique experience and once again this year, new york restaurant are taking advantage of their prime location when that ball dropped. olive garden charging $400 a person to be part of a five- hour party with a full buffet and open bars. it's going to cost you $375 to eat at applebee's in some time squares. there's also all you can eat food and drains available and bubba gump shrimp companies new year's eve times square party sold out quickly charging $799 and what do you get? an open bar with spiked lemonade. >> you get boiled? evic, fried shrimp. >> alcoholic sno-cones and a raw bar with cavier and lobster. but $800? >> and a roundtrip ticket to get there. now for a look at what's'd on the "cbs evening news," jim axelrod is in for scott pelley. >> reporter: coming up on the evening evening, the deadly storm system that slammed the country this week leaves hundreds stranded at airports and several pounds under water. plus, mother and son on the return of the the teenager with so-called "affluenza" is caught with his another mexico. we'll have an update. and -- ♪[ music ] >> reporter: -- the maestro on a mission to change the color of classical music. those stories and more tonight on the western edition of the "cbs evening news" at 5:30 right after the break. -- right after kpix 5 news. ,, ,,,,,,,,,,,,,,,, an oscar winner took a stanr equal pay.. today she's celebrating a new law that help calif new at 6:00 tonight an oscar winner took a stand for equal pay. today she is celebrating a new law that will help california women earn what they deserve. >> and it's a gift she thought she could never afford. the christmas surprise that will give one bay area survivor a future she only dreamed about. straight ahead at 6:00 we'll be looking for that and cold temperatures tonight. >> that's what it's shaping up to be like. >> we'll bring out the extra coats, mitten, hat, scarf, heed blanket. >> that will work too. >> thanks for watching us at 5:00. jim axelrod is in for scott pelley on the evening. remember the latest news and weather are always on our website, cbssf.com. >> axelrod: hell at the airports, high water on the mississippi. flooding, snow, and ice from a storm that won't quit. also tonight: caught in mexico. the teen who once beat a prison term by claiming to be too spoiled to know right from wrong. walking into danger-- the consequences of paying too much attention to the cell phone. and-- >> music should be color blind, and to make it that way, you have to infuse in it all of the colors. >> axelrod: a maestro on a mission. captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> axelrod: good evening. scott's off tonight. i'm jim axelrod.