and the public utilities commission building on van ness. and state buildings in sacramento and los angeles raising as much as $1.3 billion this year, taxpayers have to pay to rent the buildings back over 35 years. and today, one attorney filed a lawsuit calling this sale unconstitutional. >> the governor can't sell this supreme court. can't sell court of appeals. it has no right under the constitution to do this. >> and arguing the government can't sell off other non-court buildings because this represents an unconstitutional gift of public assets. the head of san francisco state building authority thought it was a bad idea but was fired after objecting to the sale. the governor replaced him.

>> who had come up with a better deal? i saw in the paper mayor brown, very a great respect for, call this a dumb deal. has he come up with a better plan? >> he admits it's not a great deal for taxpayers but the state is in a crisis and lawmakers didn't have a choice. and the treasurer says the state should have considered even difficult cuts rather than selling. >> the problem is that they don't know how to cut those things and it's not easy. and this is a bad idea. >> the office hopes to win an injunction within the next couple weeks and this the attorney says the case could be heard and decided within six months. >> and there jerry brown is

beginning to address the deficit he'll have to address. interest tl is a move that brown welcomes. >> i have private time and public time. >> governor-elect jerry brown with questions about whether he's in arizona but the first day back was full of feet meetings, mostly about the budget. and slated to have a deficit over 18 months, brown supports the call for a special session. >> if there is one governor at a time. it's important each one do everything it can to deal with the state problems. i hope legislatures even while not in session will be working on that deal with that. there is a special session and ta that is a great opportunity to do thing autos turning down a downtown office space, the department of finance

arranged. the spokesman says people better get used to that. >> this staff could be smaller and we'll see how this plays out. >> the. >> there has been a lot of talk with jerry brown's legendary first inauguration. it's a simple affair. >> and frugal tops signals a different era than schwartzeneggar's whose glamorous life style meant grand things. and one of the authors of proposition 98 dictates education that picks up more than half of the state federal -- general fund. >> jerry broup's lieutenant governor will be gavin newsom leaving a big vacancy at san francisco city hall. superviseors hoping to get replacement candidates nominated today but it didn't

happen. why. carolyn? >> some supervisors wanted thachl but the majority did not. votes just were not there to begin the nomination process. this could be a long night here and there is a lot of people who want to weigh in with public testimony about the mayoral succession. san francisco supervisors trying to agree on a process for replacing departing mayor, gavin newsom turning into a politicized challenge. the only certainty is that board president will step in. the rest of the colleagues decide. >> and. >> do you want to stay in is that? >> there are four supervisor that's will take office january 8. members may have selected someone to fill newsom's shoes.

and he was unsuccessful, but is pushing to have someone in place. >> i'm concerned about a change we have. and i don't think the mayor just leaving a note on the desk is sufficient for a person coming in. >> this feels rushed to me. the mayor going to be in office a couple more months. this is -- it doesn't need to happen, now. >> if that person would have no power until a second vote of approveal after newsom resigns. and he made it clear he wants the newly elected supervisors to have a choi.s today he signals they're probably won't be an effort to delay his swearing in. >> and there is an extent something draw matic happens. that city cares about the city as a fifth generation san

franciscoin and circumstances are such that i am forced and faced with a tough decision. i'll mark that if it comes to pass. >> plit tigss aren't the only ones, the public is weighing in. >> i think it's not to focus just on star power. but they're experience and core value for the city. >> the person would have a year to fill the terms, the supervisor hopes that perhaps next week, they can begin taking names. live at city hall, abc 7 news. >> thank you very much and we'll stay in the city another moment. hundreds of city work qlers are about to lose a perk for years, they have been allowed to park, free of charge in metered parking spaces. from now on they're going have to feed kbleerts or buy a

parking permit. >> disturbing details in the gang rape of last year. it's day two of the hearing to determine whether several suspects should stand trial. today another police officer broke down on the trial. one suspect claims this was consensual. this neighborhood claims there was never a rape outside richmond high he says the girl consented to having sex and she was willing. police records read during this preliminary hearing for all seven suspects show ortega denying doing anything wrong after arrest saying the girl known as jane doe knew what she was doing and she was 16 he called her a grown woman. she was so drunk she didn't know what was going on. he said. i was bt the only one. there are people, she wanted it. jane doe wanted it. she wanted us.

>> this police officer testify that had ortega was drunk and threatened to kill police. and this district attorney noted he used the word rape from officers set to it them. >> other kids say he left, actually. when they started to do what they were doing. they left. >> the mother of the youngest defendant who was just 15 at the time says her son knew the victim for years. he is accused of luring her to the dimly-lit section of campus thchl mother says her son is innocent. the only defendant not facing life in prison. he faces 26 years for aiding in the rape. >> they haven't found anything. for the second day a veteran officer broke down on the stand crime scene investigator said the batly injured victim had abrasions on her knees, toes, face, ears and back could z.could barely look at

the photos. saying she had rocks and dirt on her back, impressed into the skin. plant material entangled in her hair. the district attorney says she'll call 20 witnesses in this case, among them, experts expected to talk about dna evidence collected and the preliminary hearing runs through next week. >> and police are gating a brazen shooting of a man outside of an east oakland church. victim was shot and killed around 11:30 this morning outside of the baptist church. he had just left a class serving those on probation and church leaders say he was working to earn his ged. neighbors say they're disgusted and tired of the violence. >> this is just disgraceful. they don't care whether in front of a church or liquor store. they just want revenge. it's too much. >> and there is a source that says the victim severed

several phone calls during a class from a woman who asked him to step outside. he did and was shot by a gunman police say jumped into a white chrysler 300 driven by a woman. >> and not safe at a family peeza place. a chuck e cheese restaurant was held up saturday night. and there is is others huddled together no. one was hurt but police zront a good description because they covered their place autos still ahead tonight the armed suspect walked into a local police station and started to smashup the place. he may be facing two charges of murder. >> you may need a license to sell tobacco products. >> and there is a $6 billion plan to develop treasure island.

>> and just a couple days after warmth in the bay area, there is a cold air mass on verizon's your home for samsung galaxy.

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>> closed captioning brought to you by mancini sleepworld. in vacaville two men are dead from a shooting in. the suspected shooter then headed to the police station where he vandalized the lobby. just before 2:00 this morning vacaville police responded to reports of shots fired. and found a woman with gunshot wounds. >> officers began first aid to

the female. and found out from residents she was living at there were two men who had gunshot wounds. they were dead. >> about the "time" police started getting calls about a man with a gun headed for the police station. and he smashed windows of the lobby, one by throwing his gun at him. police tased and arrested him. >> i would like to commend the officers. they demonstrated restraint in contacting a person who was armed, who had just committed two homicides and attempted a third. >> and. >> this sf a good, hearty young man. probably wrong people, wrong time. you know? >> they say they don't know

why anyone would want to hurt him. >> when i grew up we fought with hands. today they fight with guns. >> police say everyone involved is a resident. two dead men 20 and 21. the woman is at uc davis medical center. all police can say is that she's in the hospital. >> and epa ordered caltrans to do something about storm runnoff that often contains grease, and metals and trash and the epa declared caltrans in violation of the storm water permit designed pr pro-to-protect water waste. a truck overturned today sending a woman to the hospital and damaging several parked cars. the driver says the truck flipped with a load shifted.

the woman did not suffer life-threatening injuries. what a job they had. >> in kidding. >> we enjoyed another day of spectacular weather. >> that is and things change before thanksgiving. i assure you of that. there is a live view and there is another lovely evening around the bay area and there is two days after a regard warmth here in the bay area. there is 59 degrees in san francisco. 55 in novato. and there is quite a bit lower this, is a look at our change. it's 11 degrees cooler now than yesterday.

and there is 10 degrees cooler in fremont. so cooling trend continues. there is chilly condition was showers this weekend going to feel like winter. and there is from summer like to winter. high pressure ridge has been keeping us skmi dry is slipping south. this is going to open the door of a cold air mass, bringing rain drops with it as well. there is a system. by friday afternoon there is rain developing north bay and eastward. and there is rain continuing into saturday and there is an arriveal of a cold air mass going to produce snow. there is a snow storm this weekend, probably good news

for skiers. bad news for drivers. and there is low temperatures dropping into low 40s perhaps upper 30s in nappa. there is another mild day. temperatures continuing to moderate into south bay and there is sunny skies and up to about 70 on the peninsula. there is 70 in mountain view and los altos. upper 50s to 60s on the coast. highs of 64 downtown, and 59 degrees in the sunset district. north bay highs upper 60s to about 70 in cloverdale. we'll see mainly upper 60s, and union city, 69 in fremont. over hills inland around just above 70 degrees there is 67 in monterey and mild. low 7s inland.

here is the accu-weather forecast. there is temperatures dropping off, by saturday, sunday, into monday, tuesday there is temperatures, high temperatures only into mid 50s from coast to inland areas and there is a wet and showery and chilly weekend. it's due. calendar says so. here sit. >> and let me tell you. this is big, too. so caught up in weather. day two of our food drive. we read names of anyone donating equivalent of 350 meals, there are generous donors today. and also, temple beth, 100 meals, and there is jack stone, and also, joel thompson

donating 50 thanksgiving meals. if you can give us 35 turkeys or more we'll read your name or go to abc 7 news.com. click see it on tv. we can use your generous donations in this economy. there are hungry families. >> thank you very much. >> coming up here next, john paul, george, ringo. >> the beatles win a ticket to ride on i tunes. [ girl's voice ] do you wanna be my boyfriend?

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since tobacco related deaths are a number one preventable killer, what the city is considering and why some retailers are against it michael started smoking three years ago at just 16 years old. >> i have been wanting to quit about a couple months now. it's tough. and i wish i never started smoking. >> critics say there is little in nirks enforcement which is why san jose is considering adopting rules, a youth decoy told the city council today kids have month no problem

buying cigarettes. >> there is a is a sticker, but he still sold to me. >> san jose says an effective way to reduce under aged smoking would be to have a strong city tobacco licensing ordinance, requiring the nearly 900 establishments that sell tobacco to pay a fee in the $450 range and face fines for breaking the law. there is other interests circulating this flyer, urging them to speak out. about two dozen people addressed the council. >> to the extent you adopt more costly regulations than the fda, you'll hurt retailers.

kids that want to smoke cigarettes goring to get them. >> the city seemed to back off with an idea retailers would have to hide them from public view but tote voeted in favor of doing something to help curtail under aged smoking. >> and this would be, i think, doing a disservice. a proposed ordinance coming back to counsel next month, aimed at keeping more people like michael from getting hooked on tobacco n san jose, abc 7 news. >> there is a 30 year dispute, the beatles have finally decided to let it be. their music now available on i tunes for the first time. apple computer founder steve jobs called it the enld of a long, winding road. kbraelts have been prominent hold outs, and most fans

already own a lot of records, today's agreement is not expected to be a major money-maker. and it could trigger other hold outs like garth brooks or torjz join the online band wagon. >> a native californian who paid out of state tuition rate at uc berkeley. >> they refused to refund fees until michael finney got involved. >> a pledge to file charges against sfo airport oprah: all new. is this man performing miracles? john of god removed an egg-sized tumor. how do you explain what you tumor. how do you explain what you saw?

the university of california is openly

recruiting out of state students because they pay higher fee autos one student realized he was paying the out of state rate and refused to pay the difference. >> this is incredible story. >> if you're near paying tuition this will tick you off. it's tough to afford college. in this case the university charge charged him tens of thousands too much by mistake and then... refused to give the money back. greg is a life long california resident grew up in or yinda, now attends cal berkeley. like all residents is entitled to a break on tuition, however, greg receive nod such break. >> school owes me $44,000. >> here is what happened. uc berkeley mistakenly classified him as out of state. he was charged nonresident fees for two years. instead of charging $5,000 per semester, uc charged him

$16,000. $11,000 too much per semester. what is worse, he pointed out the mistake uc berkeley refused to give money back. >> seems like they're fighting me more than helping me. >> to see cal cheat a student out that have money is apalling to me. >> and what makes this harder is that greg's college fund was a legacy left by his father, john redding who died from cancer when greg was just 13. sheer greg hanging on to his father's back a few years before the illness struck. his father made sure to leave enough money so greg and his sister could go to college and now a huge chunk was gone. >> they should give it back. it's not their right to keep it we try to save money for doidz get an education. not to refund money that is due to him because of their mistake it's apalling.

>> greg says he never questioned the amount because cal is stuch an acclaimed university and money was coming out of his trust fund. he didn't question it until notice aid friend was paying less. by that time uc berkeley said it was too late for greg to get his money back. >> they're saying there is a statute of limitations and it's 30 days. i think it's ridiculous. it's my money. and it was their fault. >> their fault because greg filed this statement of legal residence as required to get the lower tus yigs. uc berkeley claimed it never received the form. greg's mother had copies of the statement and this receipt showing it was sent by certified mill mail. she showed this to the university and still, uc berkeley said no refund. >> i tried to explain to them the situation. they basically just said don't repeat yourself.

your case has been denied. go seek counsel. >> she was furious and contacted 7 on your side. and we took the problem to the university. and finally, uc agreed to review the case. >> i don't know what happened with that first packet that he sent to us. he has the proof it was received but from there, it was mislay ootd registrar couldn't explain what happened to the residency forms. since greg had proof he mailed something, uc agreed to refund the overpaid fees. $41,752 in all. a few weeks later the money was back. >> i'm grateful they did the right thing. >> we're glad. we won't want a stud dwront pay an amount they didn't rightfully ow ee. thank you so much. >> and the registrar tells fuss you don't file that form, you will be charged out of

state fees so make sure to file on time. and as that mother did, keep your receipts so.... wow. you have been warned. >> yes. no kidding and keeping receipts, key to this. >> thank you. >> and incoming san mateo county district attorney warned tsa personnel about inappropriate touching during pat downs, more pat downs expected as more passengers refuse to go through scanning machines. the d.a.says if he thinks a pat down was done with sexual intent, he'll prosecute it as sexual battery. >> if it's skin to skin, someone taking their hand and put it underneath someone's blouse and go skin to skin, it's a felony f it's done simply a touching over clothing under law, it's a misdemeanor. >> and if a person is convicted he or she could be put on the list of sexual predators. there are 300 scanners in operation now and another 500 expected by the end of the

year. >> and there is a high school principal facing criticism for refusing to let an ambulance drive on to a football field. the 14-year-old's mom wants an apology. her son suffered a concussion last month. principal says she was following district orders which ban motorized vehicles on the new artificial turf field. the decision meant emergency workers had to pull their gurney 75 yards. >> what kind of environment have we created such that the principal doesn't feel comfortable overriding a rule? >> they don't let ambulance go on any field at any game. period. i don't think she did anything wrong. i don't think, i worked in an emergency room. >> the district superintendent apologized and has clarified the poll stoi allow emergency vehicles on the field.

>> some headlines now a big sell off today on wall street. the dow traded below 11,000 ending with a 178-point loss. nasdaq fell also because of an interest rate increase in china. and a new financial crisis in europe. fewer people shopping at walmart. those who are do are spending less. the u.s. revenues have fallen for six quarters now but profits up because of robust sales overseas. carnival cruise lines says the ship that got stranded last week will be out of service for repairs until january so passengers holding tickets will get full refunds plus 25% off a few tour cruise. and chevy volt named car of the year today. it's gm's first electric vehicle. motor trend says it has advanced engineering ever seen in an american car. >> coming up next, assignment

7. a $6 billion plan to put homes on treasure island. >> we hope it's one of the most environmentally sustainable large development projects in the united states. >> but there are some major hurdle that's must be crossed before that can happen. stay with us. the news continues. right now, verizon has the new samsung galaxy tab. at just seven inches, it's the only tablet designed for maximum mobility. and it's android-powered and flash-enabled for the best web browsing experience. get yours at verizon.

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there is a special report on finding gold on treasure island. gold in the form of major development plans for the former base. before that can happen a clean up must be done first. this is what city planners hope the future will look like. a gleaming, green neighborhood with views of the city and bay. this plan includes 8,000 homes, a business district and open space. >> we hope it's one of the if not the most environmental ti sustainable in the united states. >> michael is deputy director of the development authority. in order to make that happen, this island at san francisco bay will have to be cleaned of

80 years of toxic waste. and there other substances we're not going to take the land wex don't want to receive until it's clean. >> treasure island created by the federal government. the southern part of the island served as an airport for china clipper. the world's first commercial trance atlantic air service. the navy took over and stayed until 1997. it's now responsible for the clean up. the work is overseen by state department of toxic substances. the navy started its clean up work in early 1990. it's expected to be completed by 2016. and. >> the department of toxics works on every step with both navy and city to ensure this site will be safe. >> this is the dirtiest site.

10 acres under housing. debris dumped here, including buttons handed out that were coated in low levels of raid yim to make them glow. >> this is part of dealing with contamination here, they're going excavate the first four feet down to remove it this has to be demolished. and there is other buildings that have to come down. about that happens they have to undergo cleaning. >> to the building for tradition training. >> that is what we're doing now this is looking at the building to make sure it's been cleaned up. >> this will take a couple week buzz there are more issues.

decades of cleaning and pressing navy uniforms led to a release of phone shallly harmful chemicals. >> and there is a process that you threw it out of the back door. >> most has been reducing from this to this. the city says roughly two thirds of the sites on the island have been cleaned to save levels. environmental activists worry about speed at which process is going forward. >> can they clear it up? yes. this happens all the time. will they clean it up? it's another matter. >> bay keeper sued the navy to force it on the island. >> clean up these days by federal standards because of the lack of money in the federal government often times represents cutting off the exposure path way to the public rather than actual

clean up. not the removeal. >> under the agreement the navy only turns over land to san francisco as it's cleared as cleaned and safe. only then will the city begin it's redevelopment plan. >> we're happy and think the navy is doing everything they can to expedite the clean up. >> they hope to break ground on the neighborhood in late 2011 or early 2012. >> that is a timetable now. one of the biggest issues involved removeal of underground tanks. the navy has already cleared most of those sites. >> huge job. >> when we come back tonight one of the unusual christmas trees you'll see now being [ female announcer ] jcp cash is on the spot savings. earn ten dollars off on the spot when you spend twenty five! wow!

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earn ten dollars off on the spot when you spend twenty five! wow! unlike other stores... ...we don't make you come back to save. earn jcp cash -- ten dollars off when you spend twenty five, two days only! who knew shopping could be so rewarding? jcpenney. what has to be one of the most unusual christmas trees in the bay area is being trimmed right now. tree is made of shopping carts. >> from a distance it looks like a typical tree. but take a look. steel, wheels. recycled shopping carts stacked on top of each other, 846 them.

and add orn manies and lights. this year's tree is filled with symbolism. >> this is in today's economy, it would be great if hefr one enter out and shopped. >> it's not likely to be affected by wind. and he designed a similar tree. and this is his interpretation of northern california. >> there is berries, grapes, farming and community. industry here. that is why there is gray. >> when lit supposed to instill a cents of wonder, shoppers can attest to that. >> it's different. it's cool. i wonder what made them do it. >> i think it's cool.

and this is like a celebration. i think about recycling. it brings up using materials for other things. >> that, too. it will be lit up nightly, then early in the morning to spread cheer to commute yirs and this ceremony will be december 2. >> that is an artificial tree on steroids. >> spencer christian is here with that for use temperatures on steroids, today, normalizing and looking at today's high temperatures there is san francisco, high today of 70. there is five legs lower than yesterday's high. you get the picture. a cool down is underway. there is temperatures into 50s,

mid to upper 60 by afternoon, locations will have topped out at above 70 degrees so there another mild day. and this is by thursday, and friday there is is showers continuing until saturday, sunday. snow into the sierra. it's going to be winter like starting saturday. throughout tuts of next week. >> not a wash out but lots of showers and will be a wet weekend. >> and there is larry beil sits down with members of the warrior autos stay with h h h h

join me tonight, breaking barriers, what happens when a run away bull flew into a crowded ring. >> then at 11:00 here on abc 7... a pop culture backlash

sparked by new hands on checks coming up at 9:00 and 11:00. >> and there is rookie of the year, i guess they can't have everything. >> and there is a good year, for the first time in three years tim lincecum did not win the cy rung award. and this received all 3 votes, an easy choice after going 21-10. innings and shut outs, through a perfect game zhalliday previously won becoming the fifth pitcher to nern both leagues. after watching cal come within a whisker of upsetting oregon, the big game looks more intriguing now. no cake walk here. there is firing away.

cal is tops in the league giving up just over 300 yards per game. something has got to give here. both units have a ton of respect. >> they're tough and get after them. >> and this can make all the throws. and he through a 40 yard woman. -- bomb. and he's good. >> he's good. and the new owners of the warriors were showered last night there. is a reaction simple as a, b. c. he is a venture capitalist, and a hoops junkie.

i asked today if they'd received an ovation like last night. >> no never received a standing ovation. >> and this is a beginning. this is at the end. because where do you go from there? >> elsewhere in the world, this might take a white. while. he underwent a procedure last night and will receive continuous iv treatment until that subsides. part of the espn's 24-hour tippoff marathon there is a game started after 11:00 p.m. and his top recruit, and this would be with authority. he had 16. there is rob jones, hammered

by justin burial second half, clint is seven threes part of a run. micky mcconnell and there is unfortunately with no buyers the gold prize soccer team folded today. and announced it's shutting down operations immediately. and could not lure enough fans. >> that is a shame. >> that is this edition of abc 7 news. >> thanks for joining us. >> thanks for joining us. >> hope to see you again at

captioned by closed captioning services, inc. this is the "jeopardy!" college championship. here is our second group of semi-finalists-- a junior at southern adventist university from avon park, florida... a junior at the ohio state university from northbrook, illinois... and a senior at u.c.l.a. from elk grove, california... and now here is the host of "jeopardy!"-- alex trebek!