in fact, parts of the bay area are under a red flag warning. the record-setting heat fueling the fire danger. paul? >> i just made a list of what happened weatherwise today. january 1st. highs in the 70s and 80s. hit 82 degrees. san jose hit 76. we haven't had a widespread rainfall in six weeks. we have an offshore or east wind event which jacked up the fire danger because it's dry air. low hell tiff humidity. that is something we would typically recite in october or september in the peak of fire season. instead, this is all happening in the middle of january, but the calendar really doesn't matter. it's what's going on in the atmosphere. the ground is super dry. we were super warm today with very low relative humidity and the conditions that caused this particular fire. you're still looking live on kimble island, sacramento county. the fire conditions will persist for at least the next two days because we will stay warm. we will stay dry when it comes to relative humidity. and there is no rain in sight with gusty winds 20 or 30 or 40-miles per hour. we had a red flag warning which went into affect last night and will last until thursday morning. and even beyond that, the fire danger is going to stay high until we get a decent rainfall, and i don't see that happening for a high. high temperatures today. 82. san jose a record 76. oakland a record 74. san francisco at the airport. downtown 69 degrees. this is very strange weather. we have been talking about this dry weather for months. perhaps things hit their apex today as we have this fire burning because of high fire danger in january. >> we'll have more on the story in our newscast. thank you. well, you can tell that it's dry out there. our mobile weather lab is live in one of the east bay's oldest and most popular parks. conditions there very dry over at tildon regional park. that's a shot back to the city. ktix5 mark kelly shows us the conditions the bay area firefighters are up against. >> this is livermore in january. it should be the rainy season, but not even close. not a piece of greenery in sight. >> the grass is acting like it's august in 100 degrees. >> captain with the livermore pleasant fire department expects january to be quote an interesting month. his crew has all the firefighting gear on standby from the heavy-duty uniform to the more lightweight yellow suit used for woodland blazes during dry times. >> so we're used to not knowing what is going to happen from one minute to the next. we have all the equipment. we have all the clothing. we're ready for anything that happens. >>reporter: out here in livermore where the brush goes on for miles, firefighters have to be on alert. you can hear how dry it is. it doesn't take much to spark a fire with this. >> a little cigarette and wind blowing on it, and the grass is going to take off. >>reporter: fire season typically runs from june to november, but this year, it's still going strong in january. and firefighters think it could overlap into next june. now, the best firefighters can do is take one day at a time. >> we'll see what happens this afternoon as things warm up and the winds pick up. >>reporter: so it's those high winds combined with the low moisture and the dry brush the fire crews say really makes for that combination. but hopefully those red flag warnings will get lifted come thursday morning. into burkely hills, mark kelly, kpix5. ore in the unseasonably dry sear i can't nevada mountains, crews are hoping to nip wildfire worries in the bud. they are clearing 100 feet of under brush on each side of the trail that empire minds, state historic park. they are using machinery that looks like an oversized powerful lawn mower. it's all part of a fuel reduction project designed to protect the park and some surrounding communities from fire. >> our hope is to kind of clear back some buffer space alock the main places where people can potentially toss a cigarette. look at that spot. sear i can't, no snow on the ground. ordering homes. $65,000 cost of the clearing was already necessary. now the dry conditions, the need for protection is even greater. think about this. hotels in the is sierra. they are suffering from the lack of snow. this group performed a snow dance in hopes that mother nature would soon send snowfall their way. several businesses say the lack of snow is affecting the local economy. one ski resort says occupancy has been cut in half this season. >> as a community, we are doing everything to make it snow. i think if everybody took their cars out, washed them and left the convertible tops down, it would help. >> snowmaking machines are coating the slopes. the lack of power has forcedded some close country -- cross country ski areas to close. oddly enough, many trails are cleared for hikes and mountainbikes. while many wait for the snow to fall, many others are waiting for rain. so many, in fact, the governor ising being asked almost every day if he's ready to declare a drought emergency. allen martin is here to explain why he hasn't done it yet. >> yeah, he's waiting. it is going to happen. already declared a drought emergency. the governor is getting pressure to do the same almost every day statewide. the feeling is that as soon as the february snow pack reading is taken, the governor will, officially, say, we are in a drought. the governor talked about it in, ifressno this week. >> not today. but certainly getting ready. >>reporter: he talked about it in sacramento last week. >> but don't think that a paper from the governor's office is going to affect the rain. >>reporter: clearly, it will not. however, an official drought declaration from the governor will affect how the water we have gets delivered. and will affect what farmers, homeowners, and businesses must do to cut back. when jerry brown was in office in sacramento the first time around, he gloverred -- governed the state through the drought of the mid 70s. that is when we were taught a brick in the toilet tank would save water on each flush. we were told take two-minute showers. we memorizedded the phrase, if it's yellow, let it mellow. you remember the second verse? but by 77, normal rain and snow returned. and shortly thereafter, so did california's water consumption habits. until the drought years began again in 1986 and lasted six year -- six years. >> april 30th, 1992, the phillips snowcourse in this meadow here. we should have about three feet of snow representing 16 inches of water content. today, it's zero. >>reporter: despite the march miracle of 1991 where the state saw four weeks of successive storms, it was the winter of '92-'93 that was the break- through. >> fortunately, the storms continue through the winter of 1993. and dumped more snow in the sierra mountains that had been seen in a decade. the drought was over. >>reporter: the last time california was in an official drought was when then governor schwarzenegger declared one in 2009. and governor brown's official proclamation ending it came at the end of march, 2011, when the state snow pack hit 165% of average and both lakes were both above 80% capacity. >> what it means for you and me is, lawns are going to have to die. to washing your car, and quite possibly, more expensive produce as farmers are also forced to cut back. >> speaking of which, our key source of farmers. any predictions on their end? >> there have been already. january snow pack was 20% of average. we're seeing reservoirs dry up. in perez know, farmers say they already think 200,000 acres of prime ag land will go unplanted. that is 300 square miles of barren dirt. then, there is the fire danger which we are already seeing tonight. >> case in point. allen, thank. you. new at 6:00, rent in san jose are shooting through the roof. up 25% since 2011. now tenants who are being priced out of the market are asking for a little help. ramirez on how the city is stepping in to help keep people in their apartments. lynn? >> well, -- >> reporter: well, rents are high in san jose getting higher all the time. new numbers tonight from the city's housing department. the median price of a rental here in san jose is now up to $2015 a month. that is a 9% increase in just the last three months. it hasn't been cheap to live here for a long time, but a 25% average rent increase since 2011 is a crushing blow even by san jose standards. >> check-to-check. you know, kind of barely can enjoy life. you know, it's like you're going to work just to make ends meet. >>reporter: thirty-two jason wilson rents the home with seven other roommates. >> it's like no financial freedom. >>reporter: there may be a little more help from city hall. san jose council members voted to double the budget for a city program that mediates and arbitrates the increasing dispute between landlord who is jack up the rent to meet skyrocketing market rates and tenants who feel priced out. >> we have seen our case load triple in the last couple of years. we are dedicating more resources to that to see if we can't work out these challenges and keep folks in their apartments. >> this sounds like a crisis. >>reporter: housing counselor says the lowest income tenants are being hurt the most. she showed me a poster board filled with photos from her clients who complain of mold, shoddy plumbing and wiring and roaches, and yes, the rent has even gone up on places like this, some of which are not even legal dwellings. >> and $1400 or $1500 for a basement. it's very disgusting. >>reporter: san jose does have a rent-controlledded ordnance, but it only complies to prebuilding. for about half of san jose's apartment stock, rent is whatever the apartment will bear. >> although rents do go up very quickly, they don't go down very quickly. >> and because the state dismantled redevelopment agencies and due to the sweet sequestration -- sequestration as well, there is a lot less affordable housing being built in cities like san jose, but san jose has one idea of the housing impact. any new apartment complexes will have to set aside a little added funds for the low market rate housing. reporting live in san jose, kpix5. >> the threat mediation budget will grow to 4 # hundred thousand a year. the increase added today will enable the hiring of two to four more mediators. richmond pushing to have the highest minimum wage in the state. tonight, the city council will vote to have staffers draft three separate proposals to raise the minimum wage as high as $15 an hour. the proposal approves during a later vote will end up on the november ballot, and if voters approve the raise, richmond could see the highest my mismillion hourly wage in the state. >>reporter: inmates at the elmwood jail won't be seeing many visitors this week. three confirmed cases of flu at that jail have prompted authorities to restrict visiting. the jail is taking some health precautions but not quarantined the sick inmates. there are four other suspected cases there. >>reporter: and meanwhile, a man in his 40s is the latest person to die from the flu. his death is the first this season. so far, the death toll in the bay area stands at 19 people. santa lara county has reported four deaths. that's more than any other county. and health officials are doing their best to get people vaccinated. together several pharmacies in the county replenished their flu vaccine supply. the county's immunization coordinator is urging people to abandon that notion that the vaccines are unsafe. >> way thought -- you happen to get sick within a couple of weeks of getting the flu shot. it's because you have something already brewing. >> pharmacies will be receiving thousands of vaccine doses in the next couple of days. coming up, the epidemic killing hundreds of birds in this bay area pond, and the smelly solution. >> it really helps me to realize that i'm not alone. >>reporter: how social media is empowering bay area students to combat bullying. >> and at 6:30, a cbs news exclusive, the video revealing what happened right after the crash. and some new insight into the moments before a fire rig struck and killed a survivor. live pictures from chopper 5 now bringing you the massive fire burning out of control on kimble island on sacramento county. we'll have more on the situation coming up. presents... so delicious, they won't even know it's chicken. 50% less fat... check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. outbreak has killed hundred birds. until recently, bird-watche have enjoyed the view at 14-hundred radio road... on redwood shores. our john ramos shows us why draining pond will solve one problemt raise another for residentsn the area. the land outside the redwood shores wastewater treatment plant used to look like thi but some years back, to cutn on dust at the plant, they flooded it with fresh water. well, the birds loved it and moved in and so did the birdwatchers, who say it's a great place to view nature close. peter seubert/birdwar "you'll get, occasionally, eurasian widgeons and other birds that are a little uncommon. so, it's a good pe to see and learn to identify ducks and egrets and things but since the holidays, a lf birds have been dying here-p to 35 a day, and on monday,t was confirmed that the ponds infected with avian cholera. dan child/manager, south bae system authority "it's a water-borne disease that t'e exposed to by being in the r after a bird has died from so they're draining the mils of gallons of water in the 7 acre pond back into the pla. the infected water has to be treated before it can be released into the bay. john ramos/standup "once the are drained and allowed to baken the sun over the summer, it should kill all the cholerad then they can refill it and everything will be back to normal. but while that procs is happening, they do have e warning for the people who near here." dan child: "this has been a bird sanctuary f 15-plus years and the birdso their duty out there and t's going to be an accumulationf bird droppings that we're ad are really going to cause se odors." the water will be ge in about another week but it ground to totally dry up. the pla so here is going to be pretty doing the right thing for the bnitely to protect the birds,ice with some odors that could o ln all its glory. now, for a littas well. at redwood shores, j despite the smell, they're actlucky to be able to drai pond. they're draining the water back into the plant. the infected water has to be treated before it can be released into the bay. once the area is drainedded and allowed to bake in the sun over the summer, it should clear all the chole arera and they can refill it and everything will be back to normal. while that process is happening, they do have one warning for the people who live near here. >> this has been a bird sanctuary for the last 15-plus years and the birds do their duty out there, and there's going to be an accumulation of bird droppings that we're afraid are really going to cause some problems. >>reporter: the water will be gone in about another week, but it could take months for the ground to totally dry up. the plant has ordered farming equipment that can turn under the slimy soil, but they still say the air around here is going to be pretty rank. >> we think we're doing the right thing. our number one priority is to protect the birds but we may be paying a little bit of a price with some odors that could be generated here. >>reporter: the people who live in this area only have to look out their windows to see nature in all its glory. now for a little while, they'll get to smell it as well. at redwood shores, kpix5. >> despite the smell, they are actually lucky to be able to drain that pond. there are ponds in east bay park that are also infected and they have no way to kill off the disease. >> kids are fighting back against cyber bullying by being nice. it's working and now the program is now catching on all across the state. >> hey. i wanted -- the leadership class in buy -- byron is one place where cell phones and social media are encouragedded but only if you play nice. >> make everybody smile. everyone is wonderful. >> if that seemingly naive comment as you rolling your eyes. and especially on social media and they're going to change that. their campaign started after someone posted a negative facebook pain and a student asked how can i stop this. >> the teacher with hashtag, i can help. >> i wanted to have it where it was just common knowledge that if you see something negative, you knew what to do. >> if there is a negative site or comment, students respond with kind words to ask the person to stop. if it is bad enough, nay report it. they do it in overwhelming numbers. finding if 53 or more resort a site, it adisappears. >> we have taken down a negative site. >> one of a fake vile profile. >> it was a picture of me with my face and it had slit, whore,. >> but someone here who remains anonymous made a fan page for jennifer. >> it helped me so much that someone would do something so nice for me. >>reporter: monica was also bullied online and these kids stood up for her. >> once i could help start it, it really helped me to realize that i'm not alone. >> the campaign is taking off by lanes and bounds. beyond the district, karr spoke in more than 100 schools across the state and had thousands of people following her online. she wants it to go national. >> the big thing i am telling them is together we are powerful and we can beat negativity. >>reporter: the message that comes from your peers is much more influential than a parent's berating. >> it feels great to stand up for someone. >> and to stand up for something. you'll find this picture on instagram, kpix5. the teacher has started a go fund me pain. she's hoping to start a website that will promote a nationwide campaign including tee shirts, fliers, and posters. let's check in with paul and look at that fire burning in sacramento county. a couple of homes have been destroyed. it serves testament to how dry things. >> it doesn't take much to eliminate the fardager. typically we do that with a good soaking rainfall or two in november. it hasn't happened at all this year, and fire season will not end. i am hoping that it ens soon with a change in the weather pattern, but i don't see it happening, so red flag warning in affect. live pictures right now very close to you in antioch. officially in sacramento downty, kimble island. there is a pretty large brush fire burning. how could a brush fire burn in january? that is just the calendar. it has not rained. it is very warm. it is very dry and it has been very windy. everything coming together for high fire danger. here is part of the problem. it's warm outside. a lot of people are saying it's not a problem. it's nice out. it's not freezing. yes, i know. please enjoy it while you can. santa cruz, 75 today at the beach. hayward you hit 70. it was a sunny day. livermore, f 5. san francisco, 68. air quality not bad tomorrow. but it is trending in that direction. moderate air quality top to bottom in the bay area tomorrow, but it is not a spare the air today. so that big ridge of high pressure. i'm just saying that phrase for five months. there have been research projects done now on this ridge of high pressure. this is the strongest and most persistent ridge of high pressure in the 50 years of significant weather mapping. they have never seen a ridge hang out in the same place so strong for so long. and guess what? it's going to be with us for a while longer. because what is in front of it, if you will. it's kind of like you're stuck in a line. you're waiting to buy a movie ticket and the dude in front of you will not move so you can't buy your ticket. that is kind of what's happening. this low won't move so the high is sitting here and waiting its turn. that turn is not coming. we're going to stay sunny, mild, and dry for the next several days. if you want to get outside and enjoy lunch outside, do it. 74 degrees tomorrow. your average high is 57. concord, 72. your normal high is 56. san jose, you will be 16 degrees above average with a high of 75. everywhere in the bay area hits 70 degrees tomorrow. the exception right along the coastline. pacifica at 69. livermore, 72. fairfield, 72. napa, 73. and freemont, 73 tomorrow. just about as mild on thursday. the three-day warm stretch. we'll cool off a few degrees but still upper 60s on friday. still mid 60s over the weekend and the upper 60s next week. so this is a problem now. we need the rainfall. we have seen what happens when we don't get rain. we now have fire danger in mid january. this will not get better until it rains. it is that simple. it needs to rain to end the fire danger and the forecast right now says zero rainfall. >> and we got the megaridge up there. >> yeah, it is the megaridge. i have looked at a number of different websites talking about how did this ridge compare to 1976. how does this ridge compare to the drought of the 80s. they are saying this one as of right now is stronger and bigger in size than any ridge they have seen before. >> wow. >> it's been here for five months. >> goat out of here, ridge. time's up. >> it has been here a long time. >> thanks, paul. never-before-seen video of the aftermath of the crash and the moments before a fire rig struck and killed a survivor. and we ask -- hasn't heal -- hasn't healed the pain of the rush- hour commute. ,,,,,,,,,, [ male announcer ] start engine. accelerate. shift. shift. ♪ and shift again. through all eight speeds of a transmission connected to more standard horsepower than its german competitors. and that is the moment that driving the lexus gs will shift your perception. ♪ this is the pursuit of perfection. caldecott tunnel when the n fourth bore opened in octob. but this is what we spotted4 is afternoon -- he commuters expect to see traffic flowing when the new fourth floor openedded in october. but this is what we spottedded at 4:00 this afternoon. heavy stop and go traffic. it's been going on for quite some time. the daily gridlock is happening. brian webb is telling us what is causing the big back-up. brian? >> juliet, we're in the thick of it still eastbound on the 24 about a mile before the tunnel going all of ten miles an hour right now, and things are pretty backed up. see for yourself as i switch cameras here to give you a front-facing look out in front of the car here. you can see it is bumper-to bumper brake lights everywhere you look. i am told by our crews this goes back all the way to the 580, but as i found out today, that new tunnel was never meant to make the evening commute any easier. two words that usually don't work well together. just ask victor who drives and delivers vino on both sides of the board. >> i'm -- it didn't help much at all? >> not really. >>reporter: the tunnel was finished ahead of schedule and under budget back in november. two months later, the rush hour still looks and feels about the same. long and painful. the floor was never meant to help drivers during the worst of the rush hour, but to give both directions to tunnels at all times. >> there's still some congestion, but things seem to be moving a little bit faster. >> i like it. it's wider. the angle going into the tunnel is better. >> two tunnels. it doesn't seem to be a problem like it usedded to be. >>reporter: ivy morrison with cal tran telling me the finished project provides consistency and safety and based on what she is hearing is getting rave reviews. >> everybody is really thrilled to drive through the new tunnel and their time saving in the off peak direction. >>reporter: there are still loose ends to tie up. work in the median on new barriers, better drainage and landscaping for looks. that is all fine with victor as long as it doesn't cause any more traffic tie-ups. >> we wait -- >> your delivery. >> right. >> well, we're at 150,000 cars to be towed every day. this back-up at the tunnel can add -- brian webb there. four lanes going eastbound. it's always been four. and so not much change there westbound coming the other direction. big, big change. >> you drive that to work. >> yeah. all right. all right. well, coming up in our next half hour, video you'll only see on kpix5. cbs news obtained an exclusive footage of the aftermath of the crash and the multiple warnings about a young crash victim lying nearby. and the brush here is bone dry and the winds are high. one of the reasons why the fire danger is also hot. we'll give you a live report coming up. >> and how smoking could be snuffed out at beaches spanning the california coastline. ,,,,,,,, female announcer: he needs a firmer he needs a firmer tempur-pedic... she wants a softer tempur-pedic... they both get what they need with the new tempur-choice, at sleep train the first tempur-pedic with multi-zone comfort control, featuring customizable shoulder, back, and leg support on each side. plus, get four years interest free financing. try the revolutionary new tempur-choice today! it's the perfect choice... ...for both of us! ♪ sleep train ♪ your ticket to a better night's sleep ♪ exclusive: video from the firefighters themselves - providing the best look yett the chaos following the craf asiana flight 214. a cbs exclusive video for firefighters themselves providing the best look at the chaos following the crash of flight 214. most importantly, this new video shows us what those emergency responders saw, what they were up against when they reached the burning airplane. and that includes the girl who would ultimately be killed by a fire truck. you're looking at video taken from a camera that was mounted on the helmet of a san francisco firefighter responding to the crash. >> adopt gob in there. if anybody is in there, they're dead. >> from that video, we now know that firefighters did notice 16-year- old juan lying on the ground beside the plane. and when she was spotted, drivers were warned to avoid what they thought was her lifeless body. >> there's a body right there right in front of you. >> throughout the investigation, we have been told that she was hit by a truck because she was covered in fire suppression foam. but according to a cbs review of these videos, she was spotted before she was coveredded by any foam and she was hit by a truck some 15 minutes after those early warnings. >> there's a body right there. only after an autopsy did we learn that she was in fact alive before the accident. >> those injuries that she received. she was alive at the time. the idea that hindsight is 20/20. the helmet cam video was provided to cbs news by a source close to the victim's family. because this accident is issuers of lawsuit, no comment. we take you back to breaking news now to antioch where tonight a brush fire has scored several acres on kimble island. as you can see, flames have already engulfed -- engulfed a few homes on the island since it broke out around 3:00 this afternoon. a handful of people who live there have already been evacuatedded. kimble island is located just north of antioch. people there have already been watching this fire raging for hours. kristen? >> about four hours that the brush fire has been burning. if you take a look over my shoulder. you can see some of those hot blowing embers burning. sop of them engulfed in flames. and with the help of the coast guard. and challengeling fire for firefighters in part because the island is only acceptable by water. we are seeing firefighting from the air and from the water. that's going to be a challenge for firefighters if they try and knock those flames down. of course another challenge is going to be the weather. parts of the bay area under a red flag warning at this time. we're talking dry conditions, dry brush, high winds, low humidity. that is the perfect recipe for flames like this to continue burning hot in a situation like this. so once again, waiting to hear another update from firefighters about the status of this fire. we do know that some sculptures have been engulfed. just waiting to hear back from firefighters about how extensive the damage is. at this point, we are hearing that there have been no injuries. back to you. >> we are talking about red flag warnings in the dry conditions. is it windy where you are right now? >> it is not as windy where we are. when you looken across and see those embers burning, you are looking across water. being on island, you are definitely going to be contending with some wind there. that has got to be a factor as this. kristen, thank you. and he is in burkely hills where firefighters are keeping a close eye on the fire danger there. ryan? >> good evening. conditions around the bay area are pretty similar to what we are seeing here. very dry from the soil to the brush. take a listen to. this you can just hear it snapping and this is something that you would expect in august, not this time of year. this crunch is a firefighter's version of nails on a chalk board. add to it high winds and low humidity, it's no wonder the area is under a red flag warning. patrolledded the burkely hillsment normally this time of year, they are burning brush. it's a preventable measure to get rid of the next summer's fire fuel. but this fire season is still going on months after it was supposed to end. >> people can can be more relaxed. still vigilant president -- vigilant. this sill is -- still is a critical fire danger out there. >> the condition to bring back memories of the oakland hills fire of '91 even though that was in the fall. the current conditions are similar. >> we're more exposedded through the wind and the wind choses the path of least resistance and this obviously is no resistance here. it's going to be howling through here tonight. >> the fire season is supposed to end in november. this that is when the rain is expected to come. we haven't seen awe whole lot of that. some firefighters worry the fire season could extend into june. kpix5. and as of now, the red flag warning lapse until thursday. coming up next, the push to snuff out smokers in beaches all across the state. >> and is but time to get a new credit card? the company that is getting the most complaints. cooked thoroughly to 165. i feed my kids turkey tacos over regular tacos any day. i think they are light and they are just fresh tasting. yeah. when i eat well, i feel well. anncr: it's time for a better taco. the tacos tonight were pretty much perfect. make the switch. look for jennie-o ground turkey in a store near you. them banned. as ron jones tells us -- the assemblyman believes the butts are killg our state's wildlife and fi. "the first term lawmaker sa he's not only trying to be a trailblazer here in califora but he would like to see cigarette butts banned acro the country." "this is bits of plastic th was skimmed from teh middlef the pacific ocean." assemblymember mark stone of monterey bay has a very ambitious goal of banning a and he means all... cigaret butts in calfornia. "this is what birds eat fist and again plastics are a go absorber of toxins." he says plastic in cigarette butts killing our wild and marinee along the california coastline... and around the globe. according to a study highlid in his bill... 845- thousand tons of cigarette butts endp as litter... some it making way into our rivers, streamd be venienced are story would like to see cigarette butts banned. assembly member mark stone of morn ray bay has a very ambitious goal of banning all cigarette buts in california. >> this is what birds eat, fish eat, and plastic is a good absorber of toxins. he said plastic in cigarette butts is killing our wild and marine life along the california coastline and around the globe. according to a study highlighted, 845,000 tons of cigarette butts end up as litter. some of it making its way into our rivers, streams, and on beaches. >> smokers may be inconvenienced to have to change their habits a little bit. >> how do you change the habits of millions of smokers who call california home and even those who visit. >> i'm not even talking about smoking and antismoking. what i am worried about is those little plastic filters that get everywhere. >> from the tobacco industry boasting an endless stream of cash, lobbyists and lawyers, it can be an uphill battle. but stone says it's all about starting the conversation. >> if we hadn't done something that is as striking as this, then knob is going to be talking about it because there's no motivation to make the change. >> the next step for the is the policy committee. >> assembly members don't admit the bill is ambitious and face an uphill battle because there's no cigarette butt ban anywhere in the u. s are you satisfied with your credit card? thunking about getting a new one? coming up, the companies getting the most complaints. the number of tourists were probably up in napa valley saying wow, is through like this all the time? it was 8 the at the -- 82 degrees. you did hit a record in san jose, and oakland, and san francisco. very warm outside. is it going to cool down and/or rain any time soon? the answer in your updated seven-day forecast next. straight ahead in sports, jim's gameday attire gets ripped. >> i have thrown them away many times. >> why there's no love lost between him and seattle steve carroll. >> we could probably start this all over again if we want to; right? >> and a word from the president of the united states. >> there's still for respect. i can relate to z . a government watchdog started tracking complaints about two years ago. which are the most complainted about credit cards. >> yes, and releasedded a credit card report card of sorts today. some big banks got failing grades. the data was compiled from the consumer financial protection bureau's national complaint data base. billing practices, interest rates, and identity theft and late fees topped the list as the most common complaints and capitol one is singled out as the most complaint about credit card companies. it's followed by citibank, bank of america, and j.p. morgan chasse. the agency says it has received over 25,000 complaints about credit card companies over the past two years. california has the most complaints by state. over 3000. recalling nearly 30,000 of its model electric sedans. at least that is what the national highway traffic administration is calling -- calling it. taken to twitter disputing the term recall saying no cars are being physically recalled and he's already sent out a software update and replacement parts for cars that may be facted. tsa says the issue is charging equipment that could overheat and pose fire or burn risks. and from new york and san francisco are teaming up to stop monster from marketing to minors. the highly caffeinated energy drink company faces allegations that it is targeting teens. the san francisco city attorney filed a lawsuit claiming the drinks posed health risks and that the company is violating state law by marketing to minors. he began investigating in 2012. meanwhile, new york's attorney general has issued subpoenas as part of his investigation. the company says it drinks are safe, and it did file a lawsuit to stop san francisco's investigation, but the lawsuit was thrown out last month. and remember, if you have any consumer complaints, give us a call. >> yes, sir. >> and i tried some of the other ones. not monster specifically. but you know all of the energy companies face the same scrutiny. >> no marketing to minors. >> no marketing to minors. >> thank you. we have been talking about red flag warnings actually in affect until through. correct? and we're seeing it -- the affects of it today. >> the only thing that is going to change through thursday and beyond is the fact that the wind is going to dry down. we're still going to be dry. we're going to have low humidity. this is going to be with us until but it rains. we need the rainfall. this just in. we have been talking about it several months. we need the rainfall. it hasn't come yet. live look outside. oakland toward the bay bridge and san francisco. it sure looks gorgeous outside today. if you knew nothing about the drought and nothing about the rain that we needed and you just walked around and wow, this was a very nice january day. the fact of the matter, a nay nice day would be a wet one. here is what we have going on. mainly clear skies. we're cooling off pretty quickly. now in the cities, oakland and san francisco were at 62. santa rosa 58. we'll be in the 40s before 8:00 away from the water. san jose kind of trapping that heat right now. currently 68. there is nothing on the radar. they are both working. the weather service wanted the south. the bottom of your television screen. our radar, kpix5. look. looking. still looking. coming up dry. overnight tonight, we'll cool down to the mid 30s in santa rosa and napa. some of you may drop below freezing for an hour or two. fairfield is 46. san francisco is 48 and sunrise tomorrow is 7:24. we're gaining about a minute and 20 seconds of daylight every day. on sunday. nfl. you know about this. we have the niners the seahawks. the game is in seattle. it rains in seattle this time of year. and it will be a few showers. at that ridge of high pressure is knocking down rain totals. they're still getting showers but not much. cloudy. shower. 50 degrees. your kick-off temperature coming up for seattle on sunday. there's a battle in the atmosphere in this ridge of high pressure. the ridge is stronger and bigger than ever, and it's not going to be moving. it is stuck just to our west. taking the storm track and shoving it well to our north. the storms are coming. stuff is coming across the pacific. there are storms that want to come here, but then they just kind of hit and fall. the winds go clockwise around high pressure so they are going up and over the ridge into canada, into alaska, not here. so low pressure which is off to our east is blocking the movement of this ridge. that doesn't move. then that doesn't move. and your forecast doesn't change. we're going to stay warm. we're going to stay dry for a while. very warm weather. record highs again tomorrow again on thursday. when we cool down, we'll still be above average temperature-wise through next week. if you want it chilly, get up early. the night will still be very chilly. san jose, 75 tomorrow. palo alto, you will hit 73. sunshine, pittsburg, 71. warm day for you. sunshine. 73 degrees. we're still warm on thursday. a couple of degrees cooler on friday. the cooling trend continues over the weekend. we'll have is highs in the mid 60s and we're going to stay dry for each of the next seven days. jim and his wardrobe in sports next. i nethat's my geico digital insurance id card - gots all my pertinents on it and such. works for me. turn to the camera. ah, actually i think my eyes might ha... next! digital insurance id cards. just a tap away on the geico app. could save you fifteen percent or more on car insurance. everybody knows that. well, did you know that when a tree falls in the forest and no one's around, it does make a sound? ohhh...ugh. geico. little help here. nfl up top... ...it's the be 49ers...seahawks. ...which s jim harbaugh ande pete carr the two coaches faced off 3 times in college... ...this sunday will >> 49 hadders, steak -- seahawks. the two coaches face off three times in college. and this sunday will be the seventh time in the pros. rivalries don't get better than this. if rivalry started back in college. went for two to try and drop 50 on u.sc leading to the memorable post- game and change. what's the deal now? the 49ers head coach insists this week it's all about going to the superbowl and not. >> it might have been something four or five years ago, but i really haven't seen it as of late. and but would be as irrelevant now as it would have been then. but people made a bigger deal out of it. >>reporter: the two are more similar than people realize. from their reactions on the sidelines to their interactions with the media. >> i don't care about what you are asking me to do. >> and to baseball. got me stumped. couldn't follow you. >> he did recruit my son to go to san diego. i wasn't there for the whole visit though. >> and for the record, he beat carrol two out of three times in college and four of six games in the nfl. while neither side will likely provide any bulletin board material, jim got called out by someone really close to him. the boys on the 997 morning show got that surprise caller earlier this morning. >> i will not take the blame for his outfit. >> oh, and i tell you thrown them away many of times. i've asked him please. please take that off. >> what does he do? more and more. >> no, it's not -- you have to find him and when you within to the combine. and $8. and. and getting spicy. and 33rd. and and the shark fans. and the shark nation. the heat of a habit of sticking on point guard. and we should make it quick there. and you mention thing swag. that president. >> and we'll be right back. sa hundreds." check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. announcer: it's time to play "family feud"! give it up for steve harvey! [captioning made possible by fremantle media] steve: how are you all doing? [cheering and applause] thank you very much. i appreciate you, folks. well, welcome to "family feud," everybody. i'm your man steve harvey. you know what? we've got a good one for you today. folks, returning for the third day from right here in atlanta, georgia, it's the white family. [cheering and applause] and scottsdale, arizona. it's the mcdaniel family. [cheering and applause] everybody's here trying to win theirself a lot of cash and the possibility to drive out of here in a brand-new, stylish ford fusion. right there. [cheering and applause] let's play "feud"! give me jan and give me tasha. let's go! [applause]

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