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tv   CBS 5 Eyewitness News at 5PM  CBS  February 23, 2012 5:00pm-5:30pm PST

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with us on the phone. was it someone burning a brush pile is this typically that's allowed this time of the year? >> yes, there was an announcement by the bay area quality management district that it is permissible to burn. people burn brush this time of year and debris pruning from vineyards and so forth. so this is a normal activity this time of year but we have had some had high winds and the piles got out of control. >> chief, the firefighters' biggest challenges or one of the big challenges is the remote and kind of rural terrain. what's the strategy for fighting these flames? >> mostly we as you can see we have two helicopters working on bucket drops from the air. this fire is actually just to the east of the town of yountville above a reservoir and we are using that as a water source. we mostly have to attack this
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by foot. it's so steep and rugged we aren't even able to bulldozers into most of the areas so we're going to have to use our hand crews around most of the fire area. i can give you an update. we have updated the fire acreage to 35 acres now and we believe we have almost 50% containment. >> dave, can you tell us, is it just the two three four homes that are threatened immediately right now? >> yes. we have at least three homes that are evacuated in the immediate area at the moment. and there have been no further evacuations. we are confident that we hopefully will not be able to need any further evacuations. >> thank you. now, as we watch these live pictures, let's check in with roberta gonzales to tell us about the winds. . >> keep in mind, a wind advisory remains in effect for the northern and eastern portions of our bay area all the way until 6:00 tonight. these winds were anticipated and continue to blow with gusts up to 26 miles per hour right there in napa with an air temperature of 76 degrees. of course with these gusty winds they are drying out the
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atmosphere so the relative humidity has plummeted to 13%. winds are expected to relax and back off after sunset which is at 5:57. >> thank you. we'll continue to follow the breaking news. again, this fire in napa 35 acres, 50% contained. we'll bring you the latest throughout the newscast and online at t and we also have a developing story out of the oakland hills. an elderly man found dead in his home. christin ayers is there with more on the investigation into that. reporter: allen, police are staying tight-lipped about what happened on this quiet block that left an elderly man dead. but neighbors and family members worry this is part of a growing crime trend in the oakland hills. by all accounts, 78-year-old joseph robertson was a sweet, soft-spoken man who had no enemies. a retiree who had drawn for the neighborhood newspaper the mont clarion for many years. >> he was almost 80 and i have
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never seen him raise a finger, raise his voice. my only thought is he didn't deserve anything that happened to him. >> reporter: what happened to robertson is a mystery. a friend found his body in his home this morning. while police aren't yelling calling this a homicide -- >> it's too early to make that determination right now. >> reporter: -- the cops, crime tape and coroner's van have neighbors on edge. >> it's a very quiet neighborhood. we have lived here 35 years. >> reporter: a quiet oakland hills neighborhood that has seen a recent rash of crime. robertson's car was vandalized a few weeks ago and then there are the burglaries. >> well, we were robbed about 6 or 7 months ago. and i know there's been a lot of robberies around in the area. >> reporter: so many break-ins that in november, the neighborhood safety council installed security cameras. but crime maps showed the burglaries have persisted this year. and robertson's family fears he may have fallen victim to random violence. >> i'm concerned that he could be an innocent victim.
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i can't -- there's no reason to believe that anybody would want to hurt him. >> reporter: now, robertson's family says he had nothing of real value inside the home, aside from some art and world war ii artifacts. police say they won't have more information on his death until an autopsy is complete. live in oakland, christin ayers, cbs 5. new at 5:00, hard to believe when you see this but the woman caught under in muni train in san francisco's inner sunset district came away virtually unharmed. police say the train had been stopped near second and irving when the woman tried to cross between two cars. then when the train started moving, she was knocked down and dragged a short distance. firefighters had to jack up the train to free her. they say aside from a few scratches and scrapes, she's fine. at least three people are facing child porn charges after a series of raids in marin. a task force made up of federal agents and local police fanned
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out across the county this morning. they were targeting several homes where investigators determined child porn was being downloaded. they say the images including children as young as 3. a 16- year-old boy was among the three people to be taken into custody. investigators say more arrests are likely. one day after an ash wednesday attack by vandals at a bay area church, parishioners are cleaning it up. the vandals knocked over a cross and spray-painted statues as well as some satanic symbols on the walls at saint ann's catholic church in union city. this clean-up is being led by one parishoner known as union city's graffiti buster. >> i have seen a lot but this is the worst one that i have seen. not only hatred towards the church itself but towards the community. >> wayne cruz built a new wooden cross himself last night and it was installed this morning. police are investigating the vandalism as a hate crime. it will be a rough homecoming for a sunnyvale family vacationing in china. their home was destroyed in an
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early-morning fire. a neighbor spotted the flames at 1:00 this morning because the family's car were parked in the driveway. firefighters initially thought the family was inside. but it was too dangerous to stage a rescue. luckily, no one was inside the house. the cause of the fire is unknown. tonight an investigation is under way after seven u.s. marines died when two military helicopters collided during a training exercise near yuma, arizona. it happened last night at 8:00 over remote mountain terrain. all 7 marines were scheduled to be deployed to afghanistan. and san jose state is getting more applications than ever. but many would-be students would soon find out they won't be. len ramirez on why state budget cuts could leave them on the cut list. len. reporter: it used to be here at san jose state that you would be given preference over other students from other parts of the state if you lived in santa clara county even if your grades were just a little lower. that preference is now ending
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as a surge in applications is happening, tuition is up making it tougher than ever to get into this university. reporter: san jose state students are gathering signatures for a ballot measure to raise the minimum wage in san jose from $8 to $10. >> the difference between the working class and the rich has widened so much. >> reporter: it started as a class project for students by students to help them pay the rising costs of tuition. >> it can make a difference between going to school and not going to school. >> reporter: and it comes at a time when it's tougher than ever to get into san jose state. for the first time in its history, the university will give no presence to south bay students next fall. it will say no to 3,000 applicants who would have previously been accepted. >> when you couple the extremely deep budget cuts with the rise in applications to our campus, we're left with few choices. >> reporter: the csu budget is being slashed by $750 million this year. at the same time, san jose state saw a record 40,000
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applications for the fall term. tuition is tripled in the last decade to over $5,000 per semester and gpa requirements for san jose state will be higher than for most other schools in the csu system. >> we don't even have enough money to provide syllabus for our students. >> reporter: he has more students per class and less money for paper and printing but is most worried about the students who will be turned away. >> the middle class and working class and immigrants, folks with a dream of having their children come to a university, they are going to say, i just can't afford to make that decision. >> the loss is people, community, uhm, kind of the fundamental belief in an education. >> reporter: local students who are being denied admission to san jose state will be referred to other csu campuses in the area such as cal state east bay but san jose state officials say now more than ever grades and gpa matter.
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in san jose, len ramirez, cbs 5. it the camera was rolling. a snowmobiler caught in the slide. what he grabbed when the avalanche hit that saved his life. >> plus, you see them at home depot and u-haul lots. the new protections given to day laborers that lets them stay there. healthy heart a healthy career. how getting a good workout gives you an added benefit at work. ,, ,,,,,,
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avalanche. this video shows snowmobiler nate smoot as he rides a utah man owes his life to a tree after narrowly escaping an avalanche. this video shows snowmobiler nate smoot triggering the slide as he rides over loose snow. he was able to jump off his machine in time to cling to an nearby tree as the avalanche tumbled more than 700 feet down the hillside. he says he is grateful to be alive. >> i'm just happy to be here and see my family again and be able to be with them.
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>> utah authorities say this year's warm winter weather has increased the chances of avalanchees. smoot says he will stick to safer slopes in the future. animal rescue teams say they will be able to save a few thousand hens found starving to death in san joaquin valley. tens of thousands of those hens were found on an egg farm near turlock. animal services says the operator ran out of money and couldn't feed those chickens. he is expected to face animal cruelty charges. you see them in park lots at home depot even u-haul lots. day laborers lockerp looking for work. whether cities like it or not, zack heene reports the supreme court just ruled those workers have every right to be there. reporter: doing this is why redondo beach passed an ordinance banning laborers from gathering on busy streets arguing it was a safety issue. but these workers just won a big victory in the nation's highest court. the argument? free speech. >> for example, you have girl scouts selling cookies on one
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side of the street and day laborers saying i want work on the other side of the street. you can't discriminate between those two. >> reporter: he is the attorney who argued the redondo beach law was unfair to those soliciting work on the streets. these people looking for work some known as day laborers have every right to be on the street just like a protestor would. >> people have a right to congregate where they wish. if they are blocking traffic, impeding passageways, if they are creating safety hazard, government can do something about that. but they can't discriminate on the basis of the content of the speech. >> reporter: it's not the first time courts have said it's he will legal to restrict -- illegal to restrict rights of day laborers. about 10 years ago a judge barred to cities from laws restricting them. they were later dropped. >> these kinds of public spaces have traditionally been permitted to be forums. >> reporter: santos exercises his free speech every day. just to keep food on the table. [ speaking spanish ] >> as long as we're on the street, we can ask for work.
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but there are a lot of people who don't realize it. >> reporter: well, santos got lucky. a day job and now a supreme court ruling that backs him up as he looks for work. zack heene, cbs 5. you know the ads that show up on your internet browser that are tailor-made for you? the new efforts to protect your privacy when you surf the web and the reason some argue it's not enough. getting a good workout isn't just good for your health. it can also be good for your career. how cutting calories can also help cut down your risk of burnout at work. that's tonight's healthwatch. flat screen tvs shutting down without warning and consumer complaints ignored. coming up on the consumerwatch, a settlement late this afternoon that could help millions of tv owners. ,,
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anyone who grows things for a living will tell ya...
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a plant is only as good as the soil you put it in. look, both these potted plants got the same sun. same water. only difference? this. miracle-gro potting mix. rich organic ingredients with miracle-gro plant food mixed right in. it even feeds plants for six straight months. want this result? gotta start with this soil. miracle-gro potting mix. success starts with the soil. of its flat screen tv's. tonight a major electronics manufacturer agreed to settle complaints about a defect in millions of its flat screen tvs. >> on the consumerwatch, julie watts tells us owners have complained for years about their samsung tvs suddenly shutting off. >> one day it just wouldn't turn on anymore. reporter: two years ago, brian paid $1,500 for a new
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samsung l c dtv but recently it began clicking before eventually turning on and then it died. the same problem shown in the youtube video. >> five clicks. >> no idea what the problem was. >> nine clicks. >> but i knew i had a serious problem. >> reporter: and brian found thousands of people online with the exact same problem. turns out repair shops are quite familiar with that problem, as well. >> you can identify the bad capacitors. >> reporter: the problem is a bad capacitor that can overheat and shut down your tv. the good news is, they only cost about $5 apiece. so there's no need to throw out the flat screen. >> it's less expensive to repair and replace these capacitors versus, you know, replacing the whole tv. >> reporter: class action lawsuits filed in three states charged that samsung has known for years about the design and materials defect that results in capacitors failing and failed to notify its customers or issue a recall. a common reaction according to
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corporate strategy experts. >> i think companies are doing the cold, hard math of what an actual recall is going to cost them. even if it's a relatively inexpensive part, it's quite significant expense or can be. >> reporter: an expense samsung passed on to brian citing his expired warranty he was told he had to pay the $167 to get his of it fixed. >> i feel it's been taken care of by samsung, it should have been zero. >> reporter: well, now it looks like samsung may be forced to reimburse him. late this afternoon company reached a settlement agreement in one of its class action suits. and we have also learned a samsung attorney admitted in court as many as 7.5 million tvs manufactured before december 2008 could have problems. to find out if you qualify for a repair or reimbursement, go to >> thank you. >> a lot of tvs. a do not track button added to your web browser will be a new tool to keep your personal
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information private. most of it. the white house announced today a coalition of internet giants have agreed to add that button. so if you click it, your browsing activity will not be used to create customized ads. but be warned, you'll still be tracked in some form. the american civil liberties union says this is a start. >> now they have to take the next step and make it really meaningful by making do not track mean actually mean you won't be tracked. >> web providers will still collect information about your internet habits and then use it for market research and product investment. those internet companies have nine months to build a do not track button into their browser. updating some breaking news out of the north bay, a wildfire continues to burn north of downtown napa. right now we're watching ground crews work on a hotspot. it's burning along soda canyon road. three homes are threatened right now. and there are some evacuations. a couple of challenges for
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firefighters, rugged terrain and high winds. but cal fire says it does have a line around about 50% of that fire and they don't believe any more evacuations will be necessary. so far, 35 acres have burned. most of the firefight has been from the air, roberta. it has been windy, too. >> it's been extremely windy. i was out on my bike riding with a group in the east bay and the higher we climbed, the gustier the winds were and so far those winds have peaked at 50 miles per hour on top of mount diablo. good evening, everybody. coast winds whipping up out of the west at 20 miles per hour. other notable numbers, redwood city half moon bay, westerly 20 miles per hour. occasional stronger gusts. livermore northeast 12 gusts at 18. there you have san francisco and san jose and santa rosa with a northwesterly at 10 miles per hour. santa rosa today with a record high of 80 degrees. we still have a wind advisory in effect until 6:00 tonight. i wouldn't be surprised if they extend that advisory. it's for that blue highlighted area of the northern and
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eastern portion of our bay area. again, we have those gusts in excess of 30 miles per hour. meanwhile lost in all this are the temperatures. again, we did have 80 today in santa rosa. livermore topped off at 77 degrees. currently 74. but that shattered an old record set 97 years ago. another view this is looking out towards those wind-swept blue skies of mount diablo where we have clear skies on tap for tonight after sunset at 5:57 when we anticipate those winds to begin to relax. sunny, breezy and cooler on friday. the cooldown begins tomorrow. and we have a chance of rain in the extended forecast. that seven-day outlook coming up. look at the clouds rotate around in a counterclockwise fashion around the huge dome of high pressure. it's been staying put but it begins to deteriorate ever so slightly tomorrow so we have cooler temperatures. pollen high, alder, ash, juniper making you sneeze out
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there. temperatures for the getaway friday, 55 on the south shore, 75 fresno. fog in monterey late day. tonight lows 40 to 50. tomorrow's daytime highs again gradually coming down along the coast upper 50s and a few low 60s. 72 in morgan hill. 68 degrees in union city. the south winds increasing late day to 20 east of the bay up to 72 degrees in brentwood. and santa rosa tumbling out of 80 to 69. you're going to feel the difference. the extended forecast a partly cloudy and cooler weekend by at least 15 degrees. we do have a chance of rain on tuesday, wednesday remaining cloudy on thursday. and if you are heading to the high sierra, we have a slight chance of rain showers saturday but i bet you will see some snow on monday so carry the chains heading to heavenly or to homewood. we do have machine groomed packed powder. >> thank you. burning calories to avoid burning out at work. coming up dr. kim has the new
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reasons bosses should promote physical fitness. ,,
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a proposed bill would ban on- camp shuck gare sports drinks could be off limits at california middle and high schools. the proposed bill would ban on campus sales of drinks like gatorade and powerade during school hours. sports drinks are intended for use after strenuous exercise not as a substitute for water, according to makers. sports drinks are already banned at elementaries. >> obesity is a risk and avoiding the gym can take a toll on mental health. dr. kim poolside to explain. >> reporter: it's a great day to be here at pacific athletic club. i'm here to explain how burning calories, whether it's swimming laps, playing tennis, hitting the gym, can help prevent burnout at work. reporter: working out and working up a sweat is good for your body and good for your
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soul. new research shows staying active can even help prevent burnout at work. >> we just got a shower in our office and a lot of employees have been running around and working out, running the pier. it keeps you in a good mood, keeps spirits light. >> reporter: researchers studied more than 1600 adults for mine years and found the more time they spent working out over the nine years the less likely they were depressed or burnt-out. shannon works out four to five times a week. she plays softball at cal. now she is in marketing. >> i get my workout in the morning. my day just started the right way. i don't have those bad cravings after, you know, doing five phone calls or getting 16 e-mails that i need to backtrack on. so i just got that swim, take a deep breath, i guess i just feel regulated and a lot more at peace mentally. >> reporter: employers should take note. taking steps to boost employee fitness reduces costs and
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lifts morale. >> i want to work more. i'm positive. >> reporter: a good thing. your employer should be happy that you work out. >> my employer is my husband. [ laughter ] >> reporter: so i gave it a spin. i spent my lunch break working out and working on a good attitude. but now... as much as i'd love to keep doing this it's almost 3:00. better go write the story. so allen, this you have to try. those feel-good endorphins are still working their magic. how much exercise does it take to help prevent burnout? just 30 minutes five days a week. >> just in case you're wondering, the boss called and said, please, go ahead and work out to your heart's content. [ laughter ] stay with us. we'll be right back. ,,,,,,,,
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[ crickets chirping ] [ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ]
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♪ [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers... of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ]
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alone on the range: alone on the range: why california cattle farmers are becoming an endangered breed. and the extreme move one bay area i'm dana king. alone on the range. why california cattle farmers are becoming an endangered breed and the extreme one bay area rancher is making to save his business at 6:00. plus a million-dollar mistake. how uc-berkeley basically gave away a priceless piece of art. no, sir stories and much more at 6:00. >> thank you. we'll also update the 35- acre fire that's burning in napa right now. 50% contained. although roberta says the wind advisory extended until 10:00 tonight in the north bay only. >> and thanks for watching. "cbs evening news with scott pelley" is next. good night


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