in the news, a missing hiker is found in the santa cruz mountains after going six days without food. and a sea loin that wound up 50 miles inland is rescued. >> we'll see some heavy rain. >> thank you for joining us. i'm carolyn tyler. >> a woman missing for six days in the santa cruz mountains is in the hospital after being rescued from her ordeal. her family and friends had feared the worst. she was found along an unmarked trail. she was carried out of the rugged mountains hungry and suffering from i'm oh thermia. she was found along an unmarked trail in which is located near

ben lomond. she didn't have any food. she survived by drinking water from a creek. they sent a full scale search was not available. >> she said she had a small pocket of water to drink water but it sounds like she didn't need anything along the whole time. >> she was unable to get out and was able to take shelter until she was found. >> a 20-year-old man in san francisco in the hospital after he was shot in the head after a shooting in the bay view contradict. police are on the lookout for a

suspect but they don't know what prompted the shooting. >> a nine-year-old girl that was shot after opening her door at her home is hopped hospitalized in stabilized condition. now on the search for the person who shot her. >> she looked from the window and that is when she was shot. >> in a matter of moments, the house was under attack as soon as a little girl looked out a side window, the shooting started. >> the aunt that was at home at the time explained what happened. >> they shot the door, shot the walls. she got shot pretty bad. >> she was shot in the neck and back. >> it takes a cold-hearted individual to do that. >> the girl is the witness. there are several others. the aunt and nine children

ranging in age from two to 19 live here. they think this was planned. >> i believe this house wane the target they wanted. somebody would come up and see the sign on the door that i was closed. >> they are very much the kind of people that everybody.... >> this neighbor is afraid of retaliation. he says there have been problems ever since the family moved in two years ago. hercules police they have been to the house several times and three months ago shots were fired at the same house. no one was hurt at the time and no one was arrested. >> this is not the neighborhood where we have problems like that. so it really makes plea nervous.

>> police reiterate this was a planned attack and an isolated incident so is they are beefing up patrols in the area. >> lisa amin gulezian, "abc 7 news." >> the man sexually assaulted a two-year-old girl will be back in court tomorrow morning. it's from stemming from charges from a dollar store. according to police, he grabbed the toddler after she wandered from the family. the screams alerted other people in the store. he is a registered swallow fender for a prior conviction back in hayward back in 2003. >> if you want to do some jobs in san francisco, you may need to had live in the city. they are expected to vote on

contractors to work on projects to hire locally. the mandate would be for 50% of workers to be san francisco residents. it would be phased in over six years. that measure is an effort to counter a city unemployment rate said to be near 40%. >> a federal panel will hear constitutional arguments for and against same-sex marriage. they are reviewing a ruling back in august that proposition 8 is unconstitutional. judge walker issued a stay on his decision while the appeals court examines that case. joining us now to sort out the issues. is dean johnson. tomorrow is a two hour hearing. what can we expect?

>> if you wandered in the first part of the argument, the discussion is not about same-sex marriage, it's a legal concept of standing which is the right of the parties to pursue a federal lawsuit. >> because they have declined to go on behalf of prop 8? >> exactly. officials said we're fine with the judge's decision, we think same-sex marriage should go immediately. the people that remain are proponents of prop 8 or supported the proposition and their standing is questionable. >> so once they get past that in the secretary hour of the hearing, what are the specific issues? >> i think the main thrust of the discussion will be the standard of review, how high you set the bar to meet constitutional muster. proponents will argue for a high

bar -- proponents of prop 8 it should be upheld if there is any rationale basis. so tomorrow, you have ted olsen, charles cooper on the other side. will the city be on this and what about imperial county? >> the city of san francisco intervened, that san francisco has particular interest in the lawsuit and imperial county is trying to intervene because officials have an interest in the issue of state marriage licenses. >> this has nothing to do with the amicus briefs that has been filed by groups on both sides? >> a long list on both sides have filed amoicus briefs, the judges will review those but

they don't get to argue those. >> let's talk about the judges. pro peochbts were trying to have the most liberal judge dismissed? >> this panel is very interesting because in the structure, it's almost a mini supreme court. we have judge reinhart, liberal who is expressed opinions in favor of same-sex marriage. on the conservative side, randy smith which we think will be opposed to same-sex marriage, in the middle, michael bailey hawkins, playing the anthony kennedy role. >> you say it's like a dress rehearsal for the supreme court. when do you think the case will make it there? >> i think couple years down the road. this is a significant issue, maybe about two years before we actually get the argument.

>> the way, opponents were fearing, going to the supreme court? >> there was question to even bring a lawsuit in federal court. raise the issue of a federal right to same-sex marriage because of the counter makeup of the court. i think that criticism would be correct except for one thing, ted el son was a republican appointee, he was the solicitor general. anthony kennedy would have the swing vote is a close friend. he was a guest at ted olsen's wedding and he has won a lot of cases before the supreme court. >> okay, we'll both be there. thank you for being here this morning. >> we will be airing it live on

our website starting at 10:00 tomorrow morning. eric thomas will be hosting the live webcast. >> coming up next, changing the policy on gays in the miracle. retired general wesley clark weighs in on don't ask and don't tell.

president obama has promised to end don't ask, don't tell the

policy about gays in the military. a pentagon study made public last week, it will prevent no problem but wesley clark said wants the military wants is a decision. basic stand, what i got out of the testimony, if you are going to make the decision, get it over with, take us out of the middle of the game and give us six months or so to do the training so the leadership can handle this. well despite a general consensus to move forward, they are loud and clear opposition from conservatives. great britain lifted the gays on the military a decade ago. as the leaders point out, all has gone well. >> they will process their own

raw uranium, says iran. with the built to en rich its own uranium, they are self sufficient. their government is going to meet with world leaders on what an international attempt to freeze their work. >> two people have died and dozens have injured after a russian airliner skidded off a runway in moscow this weekend. the plane had taken off from the russian example when two engines failed. russian officials report the plane carried 155 people. 83 of them were hurt. >> a surveillance camera caught a dramatic rescue in spain. a passenger fell on the track. they were awaiting the train to

come as a passenger leaps on the track with seconds to spare. they say he was brand-new to the force. what an act. our meteorologist lisa argen with a preview of the accu-weather forecast. >> if you were up early, bright and sunny and clear. you thought, what rain? high clouds over emeryville, you can see a cloudy start to your sunday and rain is pushing in through the peninsula and going to get heavy on later today. >> also next, we're going updated the travel situation in the upper midwest whereáñáñáñáññ

>> closed captioning brought to you by mancini sleepworld. chicago's o'hare is back on schedule this morning after it received the first major snowfall that cancelled flights yesterday. here is what it looked like. flights that can make it in and out were delayed. right now every major airport is doing okay. about five inches fell in the upper midwest yesterday. quite a scene out there and we have our own weathermaker coming our way.

>> it's going to turn wintry and we saw along the coast, not a big deal. widespread rain later on this afternoon and live look from vollmer peak. clouds have been on the increase our roof camera shows a few peeks of blue out there. we are looking at the rain moving into the north bay and peninsula and down around carmel. this is not the cold front but this is initial flood of moisture that is being pulled up from southerly winds. mill valley, light returns and san bruno but you'll notice moss beach and half moon bay looking at more returns. here is where the moisture is concentrated down to the south and continued to see the cloudy skies. then the frontal path is not until later this afternoon.

49 in redwood city. it's been mild but with the clear sky early on, temperatures did drop. from yesterday we were cooler in fremont and redwood city but with the cloud cover we were warmer this morning in parts of the north and east bay. highlights, scattered showers this morning, you saw them on doppler, steady rain by 4:00 until 8:00. wet pattern for the middle of the week and things look like they are changing again. weak system yesterday pushing on through the sierra, nevada and an early break and rain is pushing out from the south. front is still offshore, area of low pressure continuing to wind up off shore and with it, gusty winds especially along our coast. here is the time line today, a few showers early and lots of cloud cover, 4:00, getting wet, in the peninsula, santa cruz mountains but by 6:00, steady to

moderate rain and to the east bay, morgan hill and san jose, and then by midnight, scattered showers, a bit of a break. morning commute, scattered showers, a break right through the rest of your monday but by late tuesday, maybe rain entering in the north bay. winds will be gusty along the coast. over 45 miles an hour, sustained from 25-35 miles an hour. but downtown we're looking at the rainfall accumulating from half an inch to an inch in the city. inch and a half in the north bay. 6-12 inches above 7,000 feet. snow levels dropping around lake level. 56 in pacifica. getting wet in the sunset district. 58 in petaluma, near east bay, not too bad for the first part of the day.

68 with the rain moving in and 58 in danville, down by the monterey bay, wet weather, 59 in santa cruz. able cue weather seven-day forecast, this is our biggest system all week long and then we'll see the break and a couple more systems wednesday, thursday. that should be favoring the north bay and maybe dry by next week. >> thanks, lisa. check out sports. pac-10 will be represented in the game. mike shumann has your highlights. >> good morning. it was championship weekend in college football. we kick off with a civil war, oregon and oregon state. in the second, 9-7 oregon and he gets the corner, 16-7, ducks at the half.

barner finds a hole, ducks are headed to the national championship game for the first time in school history with a 37-20 victory. >> auburn and south carolina, tigers want a ticket to glendale. cam newton throwing a hail mary, it's tipped. 28-14 at the half. newton will find blake. he ties a record with six touchdowns, they will meet oregon in the national title game with a 56-17 victory. >> oklahoma and nebraska, big 12 championship game, cornhuskers jumped out to the lead. he recovers for a touchdown. but the sooners come back, landry jones, threw for 349

yards, up by three and oklahoma wins it, 23-20. >> and seminoles and virginia tech, winner goes to the orange bowl. this is picked off, and this a return for the score, 7-3 hokiegs. and he finds david wilson, hokies are going to the orange bowl with a 44-34 victory. >> and time wind go down in the first half, picked off by lawrence wilson and he'll race down the sidelines, 10-3 huskies. 23 seconds left in the game. tied at 16. dave tagert throws a great one and field goal, it will be the orange in the fiesta bowl. >> the sharks in a tough test, with five games in eight days,

started off with a win in ottawa but came back to earth in montreal. montreal on the attack, matthew dark misses one wide, 1-0 canadians. here is an equalizer but in the second, in the slot, he finds the back of the net and canadians go on for a victory. college hoops, cal bears in iowa taking on iowa state. this is part of the big 12 challenge. cal up 2. coming off the screen, nails a jumper, 67-63 bears. he is down by 3. here is one of the 7 three's, game tied at 69. but down low, converts, three-point play and cal gets a

big road win improving to 5-2. cal women in college station, first half, all aggies, in transition, two of her 17. aggies led at the break. second half, to get the pass break, bucket and this puts them up by two but aggies respond with a 12-1 run of their own. 74-58, cal is now 5-2 we'll have more highlights at 5:00. >> up next at 9:30. tug of war over tax cuts in washington. president obama is ready to wheel and deal. we'll update the investigation into

welcome back. crucial behind the scenes talks are set to begin between the obama administration and republican leader. two sides will try to strike a deal over tax cuts before they all expire at the end of the year. david curley reports from washington. >> i'll admit i am disappointed that the senate did not pass the legislation to make middle-class tax cuts permanent. >> but the legislation never had a chance, despite democrats trying to shame republicans. >> we're passing tax cuts for every person in america. >> there is a mandate that the wealthy gets a tax cut that is one thousand times the size of average american. >> democrats tried to make

permanent making less than $250,000 a year and raise the tax breaks making up to a million dollars a year. deadline is looming. tax cuts expire at the end of the month. if they do, somebody making $65,000 would see taxes go up. so the senate show down or just show let's democrats try to paint republicans as protecting the rich. republicans were not having none of it. >> we don't need a dog and pony show going on a saturday. >> now the democrats have made their points and negotiations begin again. >> the outlines of a possible deal, president breaks a promise and allows the tax cuts even for the rich to be extended and in exchange, republican will extend unemployment benefits and possibly agree to a ratification

vote on the stark treaty with russia. >> he is ready to get a deal with republicans. sources tell us there could be some type of deal early in the week. >> today the president and mrs. obama hosts a reception for the kennedy center honorees. pay pal is severing ties with wikileaks eliminating a major source of donation for the whistleblower. they say it will not allow the service for illegal activity. its blow for wikileaks founder julian assange who is struggling to keep the site up and running. more leaked government documents appeared in the "new york times" this weekend. one reveals that a chinese leader googled himself that

found critical information. >> a police investigation is arson has led authorities to search a neighbor's home. mosque was a place of worship for a somali born teenager charged with a plotted in portland last weekend. authorities are investigating whether the fire may have been set in retaliation. court documents say they took body cell samples from the man. the bombing suspect pleaded innocent in connection with the bomb plot. >> the lawyers for one of jaycee dugard's lawyers, think that one of the letters won't hurt her defense for nancy garrido. she wrote a letter along with her husband, he is a facing charges of kidnapping dugard and holding her captive for 18

years. the letters mention god and her husband, she describes herself and her husband and peas in a pod. >> san francisco police crime lab is a facing new accusations by mishandling evidence. the san francisco chronicle reports the issue this time is with dna evidence. it has to do with the criminal trial back in 2008 and a mix up of genetic material that was to have been used with evidence with the controlled sample of distilled water. investigators were not as concerned about by the mix-up as the way was handled after crime lab officials became aware of the error. >> scientists are urging state and federal officials to do more to protect california's dwindling salmon population. a meeting last week follows the cancellation of two commercial fishing seasons off the coast of california. a little more than 39,000

chinook salmon returned to spawn last year and that compared to 6770,000 in 2002. many fishermen blame the decline on the transfer of water from sacramento river system to the san joaquin valley. >> they are resilient species, they will come back as soon as we have cooler and cleaner water in the delta and right times of the year. >> peninsula congresswoman jackie speier sponsored the summit. they feel it could generate $5 billion in new revenue per year. >> a wayward sea lion lost her way and far from home. they ended up in oakley, more than 50 miles from the ocean. amy hollyfield reports.

>> they put on a show but the locals were impressed to see her. local animal control officers could rallied her on the campus and then called the marine mammal center to come and get her. while she waited, students started rethinking the school mascot, the knights. >> had the situation is a serious one. >> she has been treated in the center before. right now, just a little bit disonshore a at a time. takethem back to the center and we'll take a look at him and we'll see what happens. >> this is the third visit to the center. veterinarian for treated and the

sea lion twice before. had is a bad sign. >> she might be suffering from acid poisoning. >> it's caused by eating toxic algae and the case is chronic for days in the bays might be over. >> we might want to give potential for this animal to be out in the wild but we want to make sure we want to make sure we're doing the humane thing. >> officials say the number of wayward sea lions are on the rise. they have rescued nearly one thousand this year, the average is 500 to 600. >> there is issues such as ocean trash. had gunshot wounds, that is another one. >> disease is another one. the center will treat her and determine whether she needs to stay or can be nursed back into the wild.

a pretty rainy week ahead. >> we have sunshine this morning now a little wet weather is moving in the peninsula, north bay is dry. we'll add wind and thunder to the mix. >> also ahead, a look at monterey bay's recoveryryryryryy

welcome back. it's 9:40 on the first sunday in december. thanks for joining us. spending part of your morning with us. this a live look from the roof cam showing you a bit of the bay bridge. if it's not raining where you are, it's going to be. lisa argen is here to give you

the future accu-weather forecast. >> we're starting out with a you few showers. main rain comes later this afternoon. right now we're looking at more clouds in emeryville. we had a clear start for parts of the east bay and south bay and city was clear but things are change can the. we're looking at temperatures, on the mild side. live doppler 7 hd, looking wet, for the most part this rain is off shore but we have thunderstorms offshore, too. mill valley and the coast and highway 101, a little bit of moisture moving from san mateo bridge into the east bay but main wet weather remains far to the south around the santa cruz mountains. talk about possibility of thunderstorms as this area of low pressure and cold front keys up this afternoon and pushes into the bay area. probably around the dinner hour. low to mid-50s, 57 in san jose,

now this morning with the clear sky, you were cooler than yesterday. night was warmer in napa and oakland. skatd earth showers and possibility of a thunderstorm later today and then the rain chances mainly in the north bay next week. that is wednesday, thursday. here is the satellite composite and notice we're looking at the spin in the atmosphere that the area of the low pressure and the cold front that is poised to move across the state today. we're looking at rain from the north coast, mt. shasta down into southern california with a pretty healthy low. as it moves closer to the coast, winds will pick up. the rain is going to be just scattered about early morning, but by the afternoon, come 3:00, 4:00, more of it in the north bay, beginning to push in the peninsula, around 7:00 we have

heavy steady rain into the south bay, a lot of showers and the wind, midnight, still looking at rain. scattered showers and couple dry days before the next system wants to bring the threat of the rain to the north bay. wind advisory from this afternoon until 5:00 tomorrow morning. breezy and 25-35 miles an hour but the gusts above 45 miles an hour. rainfall amounts, most will be in the mountains of the santa cruz area with one to two inches. inch and a half in the north bay and six to 12 inches above 7,000 feet. winter weather advisory oh starting out warm. lots of 60s today. already in the mid 50s. high for pacifica and then the wind and rain kicks in. 58 in pell petaluma, scattered

showers early and heavier rain after 3:00 in oakland, highs today in the inland valleys, upper 50s and down by the monterey bay, main rain holds off until this evening, 62 in salinas, and monday and advertise, wednesday and thursday looks like a north bay event. looks more like we're going to be on the dry side by next weekend. >> but all this rain and winter is still a couple weeks away? >> that's right. >> all right. you know there a lot of gloomy environmental news but here is a success story in our own backyard. a dramatic recovery of the monterey bay and it's the subject of a new book. now, the report of the death and life of monterey bay. >> the stunning beauty of monterey bay has a history of exploitation. one species was hunted and many

to near extinction. in the early 1800's, it was otter and then whales and then abalone. then a relentless pursuit of sardines. >> the bay was a smelly polluted empty mess. >> between 1935 and 1945, the canner eyes was the heart of the economy. the stench permeated for miles. a doctor says the death depth of the destruction and the rival an amazing story. >> it's based not only on tourism but based on the health of the marine ecosystem. >> he is director of stanford

university's hopkins marine station and author of a book. >> one of the main things was a marine biologist back in 1931, dr. julia platt couldn't fight the canner eyes but did make five miles off-limits for fishing. >> they say another turning point was the creation of the monterey bay aquarium. steve webster was one of four friends that came up with the idea in 1976. it's aaron i can that they are housed in an old cannery with a mission. >> nobody had grown kelp in captivity and a lot of folks in the business, one, you can't do it and two who wants to see a bunch of brown seaweed. >> it's giving life to a new

generation of action. cindy walter is the daughter of a fishermen and local restaurant owner. she is trying to raise awareness about sustainable fishing practices. menu doesn't include swordfish and tuna and shark. >> because 70% of sold in a restaurant. so that makes the chef, the owner of the restaurant, it really does make them the gatekeeper. >> today, they have found an environmental balance. one that allows nature and people to coexist and thrive. >> nobody would be allowed to take over this bay and ruin it for a single economic purpose because it's our bay, not their bay. >> individuals can make a difference in transforming something even as big as an ocean ecosystem. in the case of monterey bay, determination and patience have

paid off. 7 on your side is next. michael finney shows us some

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layers of brownie and caramel, dipped in chocolate ready to e sweet moments new from pillsbu. in the refrigerated section welcome back. time right now, 9:50. this is live look from vollmer peak camera showing you a bit of

emeryville, oakland, parts of the east bay. isn't that an odd look there. kind of like a water color, it's beautiful, no matter what time of year the bay area is a lovely place. >> golden gate field track workers are trying to gain support in a dispute with management over health and retirement benefits. the labor's union handed out leaflets this weekend. the track's latest proposal would reduce health and retirement benefits. >> bottom line, our members haven't gotten a race in five years. they are being burned to medical as we speak they have a accident medical plan. >> the union represents grounds

keepers. track spokesperson has not responded to our request for a comment. >> newly enacted credit card reforms were supposed to protect us from abusive credit card practices but it is not that simple. 7 on your side michael finney shows us how spending with plastic can still be perilous. obviously we are having some problems with michael's report. we may be able to fix it. coming up a christmas cake you will have to see to believe.

switching to progressive could mean hundreds more in your wallet year after year. feed me! saving you money -- now, that's progressive. call or click today. let's back to michael finney on credit card practices. here is his report.

>> amy is carrying less debt these days. >> i pay my bills immediately. >> the survey of americans by consumer reports says the average credit card balance is down to about $3800. that is $1100 lower than in 2009. but it doesn't mean that people are happier with credit card companies. >> in fact, it's one of the lowest rated services we've analyzed. >> federal reforms now require a mandatory minimum payment warning on all bills. it spells out the consequences of making only the minimum payment. in this case, a $4,000 debt will take 24 years to pay off and end up costing more than $8,000. >> 23% of the people we surveyed said it encouraged to pay off their balances quicker. >> they say there is still

credit card gotchas. >> interest rates are the highest they have been in ten years. fees have also climbed. >> first premiere bank is one of the worst, charging as much at 59% interest. that is on top of the $75 fee and processing fee that can be as high at $95. two cards worth considering. the promise visa, 7.49 apr for four years and first visa platinum. if you wanted to get a card that offers a lower rate, before you switch cards, ask your credit card company. if you are turned down by the first person, ask for a supervisor and ask for a lower interest rate again. if you feel like you've been mistreated by your credit card

let me know about it. >> german city of dresden celebrated by parading a giant holiday cake. this year the city's christmas cake weighed four tons and measured 13 feet in length. it took more than 80 bakers and chefs to put it altogether. first piece was cut using a four-foot long silver plate knifepoint. >> rain later today. >> that is going to do it for us. >> next newscast starts at 5:00. have a great sunday. oo, oo up there