Representatives is set to vote tonight to avoid the fiscal cliff. Well follow the developments in the washington over the next hour and have a live report from the capital coming up at 6 30. A developing story in marin county where once again somebody has been pulled to their deaths by an unexpected wave. A man, his wife and their dog were walking along the great beach at point reyes this afternoon when they got into serious trouble. Witnesses say a huge wave knocked the woman into the surf. Bystanders were able to rescue her without injury but the trouble wasnt over. The couples dog was still in the water and thats when the husband tried to help. Kcbs reporter todd smoot was at the great beach and described what happened. The rescuer went into his knees, grabbed the woman. She was on her back. He said she was completely soaked and couldnt get up. And he and another man held on to the woman. The womans husband then came and tried to get the dog. He was knocked over by a wave from behind and the witness says he was carried out to sea immediately. It took about five hours to find the mans body. Warning signs are posted along the beach telling visitors about the dangerous surf there. We were barely eight hours into the new year before two people were killed in San Francisco. The deadly result of a run from police. Police investigating a report of gunfire stopped a car at about 7 45 this morning at mission and 21st. As they approached, the driver allegedly took off. Two blocks away, police say he broadsided a car at south van ness, pushing it into a pedestrian. Cbs 5 reporter linda yee picks up the story from there. Linda. Reporter the crash ended in front of the Neighborhood Grocery store. You see behind me a work map still making repairs not front of the store and meantime, the third victim in this crash is in the hospital clinging to life. Wrecked cars littered the street. The white car hit broadside by the suspects black chevrolet. It slammed up against a store on 21st and south van ness. The female passenger was killed. The male driver, critically injured. And a pedestrian who was just walking into the store crushed to death. This mornings crash shocked people. I heard the boom and heard all the cars. Reporter police say it started with reports of gunshots fired outside the Valencia GardensHousing Project about a half mile away. Officers pulled over a possible suspect driving the black car at 21st and mission streets. As officers approached the vehicle, the vehicle took off at a high rate of speed and ran through the next two intersections, colliding with the white vehicle that is now come to rest at the portal of the store. Reporter the store Surveillance Video shows that white car as it hits the store. The owner says his worker was just outside seconds before impact. As soon as he goes inside like that, the car comes smashing into the door. Really shaken up and scared. Reporter Police Arrested the suspect driver and recovered a gun. The store worker said he saw police chase down a second suspect. One of them tried to run away and i think he fell somewhere here and the police got him. Reporter the Gang Task Force is investigating reports there was a dispute at the Housing Project overnight that escalated into a shooting this morning. We are familiar with this suspect. Reporter family of the dead woman came by the store briefly and left in tears. Jose lopez says it was his sisterinlaw. He showed her picture but said nothing else. Now, tonight police have confirmed only one suspect has been arrested, that possible second suspect may have been detained for questioning. Liz, tonight the investigation continues. All right, linda yee, thank you. A bizarre standoff started in san jose in the new year. A naked man with a Samurai Sword and an Assault Rifle cannot officers at bay for nearly two hours at the vta station at bascomb and southwest expressway. We were able to go ahead and contain him and again, many, many, many attempts to try and go ahead and get him to relinquish the sword failed, up until about 11 00, the subject finally relinquished the sword and again he was taken into custody and now he is transported to a local hospital. 29yearold cocoa bennett suffered minor injuries during his arrest. Police say he had an ar15 with a magazine and live ammo in his truck. He is being evaluated for drug and Mental Health issues. San jose mayor chuck reed followed a new years day tradition. He visited Police Officers and firefighters working on the holiday. The mayor started by attending an earlymorning Police Patrol briefing and then went to an emergency dispatch center. This morning the mayor was asked whether recent disputes over pension reform are still a source of tension. I represent the people, and the people are appreciative of the hard work of the employees of our police department. We may have disputes, but nevertheless they deserve respect for the work they do and difficult jobs they have and im here to thank them on behalf of the people of san jose and wish them a happy new year. Later the mayor was joined by City Council Members at a half dozen fire stations a noisy scene in sacramento this morning where residents awoke out 8 a. M. To the booming sound of fireworks. City officials launched the remnants of the new years fireworks because they were too dangerous to disarm. Ben sosenko on the night of violence that forced the cancellation of the midnight fireworks show. Thats the type of person he was. Reporter now on a day for celebration, friends are mourning the loss of dan ferrier. Outstanding person. A heart of gold. He is one of those type of people he would take the shirt off his back and give it to somebody who needed it more. Reporter police say dan was trying to break up a fight inside the Sports Corner cafe when a gunman opened fire hitting and killing dan and another man. Another woman was shot. She is expected to survive. They had a phone call that dan had been shot and killed. And it was just it hit us like a ton of bricks. Reporter police say a Security Guard fired shots at the gunman who returned fire. Both were hit before police captured the suspect. Both men were taken to the hospital with nonlife threatening injuries. Now dans friends are mourning the loss of a man who put his life on the line to save others. One friend says dan saved his life when he fell into a fire pit. I slipped and fell when i was putting a log in, and i owe that man the world. He introduced to my lovely girlfriend. Of all people, why dan . That was ben is ben so cinco reporting. A person was shot in the hand at Fishermans Wharf near the intersection of jefferson and mason. It happened around 10 30 last night. Witnesses saw the gunman run up beech street towardsle yot tows restaurant. But police couldnt find them towards aliotos restaurant. Another shotting at the waterfront at pier 23, a 12 yearold boy and man hit by gunfire, neither seriously hurt. San Francisco Police are asking for help from anyone who saw what happened. More details are coming out, about ravi kumra murdered last november. The San Jose Mercury news reviewed documents that said he fathered illegitimate children and divorced his wife in a ruse to protect his fortune and was deeply involved in drug use and prostitution. The 66yearold was killed and his exwife beaten in their home november 30. Four people are arrested. A dismantling of marijuana operations in remote areas of santa clara county. Sheriffs deputies dangled on 100foot ropes suspended from a helicopter and dropped into 8 separate locations. With help from state fish game wardens they cleared more than four tons of material. That included irrigation tube, gardening equipment and a honda muffler that might have been iced on a generator. Coming up, how you can and cant hunt bears and bobcats. What you can do with your smartphone if you get stopped by police and a slew of new and often bizarre laws on the books for 2013. And that includes cars that drive themselves. Cold temperatures prompt a spare the air alert. What it means for you and your health just ahead. Oh, did mark say cold temperatures . I believe he did. Good evening, everybody from the cbs 5 weather center. Were monitoring the cold air mass . Well pinpoint where the freeze warning is in effect as Eyewitness News continues root here on cbs 5. ,,,, look at you guys with your fancyschmancy uverse high Speed Internet. You know, in my day you couldnt just start streaming six ways to sunday. Youd get knocked off. And sometimes, it took a minute to download a song. Thats sixty seconds, for crying out loud. We know how long a minute is sitting, waiting for an album to download. I still have back problems. Youre only 14 and a half. He doesnt have back problems. You kids have got it too good if you ask me. [ male announcer ] now uverse high Speed Internet has more speed options, reliability and ways to connect. Today. This is video from San Franciscos ocean beach where the fire pits got some ra e even a day at the beach required a little extra preparation today. This is video from ocean beach where the fire pits got some rare daylight usage but be careful tonight. Mark sayre is here to explains why wood fire and cold air doesnt mix. Reporter the spare the air day is in place tonight and tomorrow. Its all due to cold temperatures and still air. Reporter the smoke and haze hanging over downtown san jose also contain particles which are unseen but can be hazardous to your health. In technical terms, they are called fine particulate matter. And the microscopic size means they are easily inhaled. It creates unhealthy conditions, unhealthy breathing conditions so for people who have respiratory conditions, it can trap it can trigger an asthma attack. It can trigger very distressed breathing. Reporter lisa with the bay area air Quality Management district says many cities including oakland, vallejo, livermore, redwood city, san jose and gilroy are already showing hourly levels of particulate matter that are well above healthy levels and officials expect those levels to rise tonight. So a spare the air alert has been issued for today and tomorrow. We get a lot of complaints around this time of year. People say, you know, of course you always call on the holidays. This is terrible but the reality is, thats when we know people burn. Reporter the cold Weather Forces the particulate matter close to the ground and the lack of wind keeps it there. With the Weather Service also issuing a frost advisory for tonight, some are already taking precautions. Some residents are covering up their plants. But i did hear about its going to get pretty col tonight. Reporter but one thing residents cannot legally do to keep warm is light a wood burning fire. Lou ann dewitt also knows that. What do you do when it gets that cold . I stay home, turn on the fireplace and i can turn it on because its gas. Reporter so youre not worried about spare the air . No, i dont have to. We changed that a long time ago. Reporter and during these spare the air alerts inspectors are out looking for violators and if they catch you, the fine is stiff 500 for a first offense. Reporting live in san jose, im mark sayre, cbs 5. Mark, i have a question for you. What if you burn a wood fire on a spare the air day and somebody pounds on your door and says here is your 500 fine and you said i didnt to it was a spare the air day. How can they ensure they get the word out to 100 of the people who live in the bay area . Reporter the fines are not demanded at the time. They document everything and then send the homeowner a violation notice and there is a process they go through so no one is going to knock at your door but if you dont know about it, i dont know the answer to that. Well have to find out. I cant claim ignorance because now i do thanks to you. Thank you, mark. You got to keep informed. You have to know got to have your information. Thats why you have to watch cbs 5 weather. There you go. Weather is the most important part of the newscast the moral of the story. Its going the coldest day of the year. We have temperatures all the way below freezing. Good evening, everybody. Lets go ahead and take a look at this red highlighted area, Salinas Valley to the south and north of the Golden Gate Bridge is where we have a freeze warning in effect from 11 00 tonight until 9 00 tomorrow morning. Those blue highlighted areas, San Francisco shoreline into the Santa Clara Valley we have a frost advisory, lows tonight, how low will it go . Into the 20s for a few hours and also into the 30s below freezing and throughout the trivalley, 34 degrees. San jose, willow glen, Almaden Valley throughout alum rock 30s common around the peninsula, low 40s in San Francisco. We have clear skies tonight. Areas of patchy frost developing. At sunup tomorrow at 7 26 well have frost for the morning commute. And then again, as mark sayre was alluding to we have another winter spare the air day in effect. It will be the second one of the season this time last year we had 11. Dry weather pattern in the extended forecast. That sevenday forecast coming up. Right now im seeing no rain in the forecast until january 10th. Yes, brian, im going out on a limb there. Even though we have this area of low pressure its going to bang up against a ridge of High Pressure, it will fall apart at the seams, partly cloudy skies by thursday. Wednesday, the abundance of sunshine, temperatures upper 40s, concord, clayton, walnut creek. All the way to hercules and pinole. Otherwise 54 redwood city through los altos, mid50s the warm spot in santa rosa after the overnight lows in the 20s. Hereser extended forecast. We are calling for dry conditions every day although partly cloudy thursday and friday from that disturbance well to the west of the bay area at this time. Well have a few clouds in the forecast over the weekend but notice, no rain until about wednesday or thursday of next week. Thats your pinpoint forecast. Liz . All right, roberta. It will be a nice break from the rain. New year, new laws. And some of them are downright bizarre. What you can no longer do with your dog in the california wilderness. And when your instrument of choice is. Ty co drum its not always easy to find a place to play. How some bay area musicians landed a new home to make some big noise. ,,,,,,,, all that wine last night, a, of course, the traditional r new years day in rome can only mean one thing. Number one, plenty of hangovers from all the wine last night and, of course, the traditional tiber river dive. Were not quite sure if the speedo was mandatory but there you go. If it was mandatory they probably lost it. Cold. The first day of the new year means lots of things, resolutions for some people, and hangovers for others. And as cbs reporter Mike Sugerman tells us, it also means hundreds of new laws. Reporter hunting bears . You better not do it with a dog if you are in california. Really . Sit. Good dog. We are going out. We cant go bear hunting. All right . If you see a bear, forget it. No bear hunting. Senate bill 1221 bars use of dogs to hunt bears or bobcats except for research. Its one of 876 new laws that take effect in california today. Drivers license and registration. Reporter is there a problem officer . Assembly bill 1708 allows drivers the right to show registration and insurance on a smartphone. 876 new laws . an old saying that as long as the legislature is in session, no mans life, liberty or pursuit of happiness is safe. Reporter sam singer has been in and around california politics for more than 30 years. California has 876 new laws that take effect today. Texas has none california is the state thats filled with special interests. Everybody has lobbyists or representatives in sacramento and many of the laws are made because special Interest Groups promote them or push them. Reporter senate bill 1298 permits testing of Autonomous Vehicles cars that drive themselves on public roads as long as a licensed human driver remains behind the wheel. Google we are told wants to be able to give such experimental cars to its employees to test them on real roads. Siri, text my wife to say ill be late for winner. Assembly bill 1536 loud drivers to deck today allows drivers to dictate, send or listen to Text Messages on handsfree devices. I need a contact name. Phone number or email address. [ whistling ] reporter you may be late for dinner because youll be shooting your gun. Assembly bill 1517 prohibits carrying unloaded rifles on city streets unless you are on your way to go hunting or to a gun dealer. But im going target shooting. Thats okay, too. [ whistling ] reporter in walnut creek, Mike Sugerman, cbs 5. Well, coming up in our next half hour, the fiscal cliff debate now in the hands of the u. S. House of representatives. Well have a live report from washington coming up. There is no way i can run my business how we run this country. A common sentiment for the decades. How the fiscal cliff debate is driving Public Opinion of Congress Even lower. 1,000 at the end of the year, its worth it to me. That time of year again we all think a little bit more about our spending habits. Like buying lunch every day or coffee. An experts suggestions for a Better Financial Health in 2013. ,,,,, so, we all set . Ive got two tickets to paradise pack your bags, well leave tonight. Uhh, its next month, actually. Eddie continues singing to tickets to. Paradiiiiiise no four. Remember . Whoooa whooaa wh