beverages including sports energy drinks and sodas. the supervisor was motivated by the rising oh boast rate in -- obesity rate in the country. it is estimated this will bring in $31 million a year. >> we have taxed alcohol for a long-term. it is not out of the ordinary to tax products with negative side effects. california for food and beverage choice says and i quote, "such measures are unnecessary, wasteful distractions from serious policy-making." the idea is to introduce this to the board today and get it on the ballot next year so san

francisco voters can vote next year. >> the story is generating a lot of talk on social media. what do you think. should sodas and sugary drinks be taxed? you can gin the conversation. >> in the north bay police are warning neighbors of a large protest today over the fatal police shooting of a teenager. a crowd of demonstrators is expected to rally in the name of children-year-old andy lopez in downtown santa rosa at noon. the funeral will take place today at 5:00 at the resurrection parish church in santa rosa. we have new information about the sonoma, sheriff deputy who shot lopez seven times after the boy flashed a realistic looking assault rifle. 48-year-old erick gelhaus is 24-year veteran of the force and firearms instructor and written on use of force advising officers to turn on the so-called mean gene when they

need it. >> the city and county of san francisco have been hit with a lawsuit over an accident involving a motorcycle driver and a fire truck. it has been four months since the accident and no charges have been filed against the fire truck driver, 43-year-old michael quinn. we have exclusive details on the lawsuit. here is our reporter with the story from abc7 news. >> the surveillance video obtained by the network shows what happened, the motorcycle at the top, and the fire truck blows through the red light and send him into a fire high dramatic the he has retaped a law official that specialized in motorcycle cases to file this lawsuit against the city and county and the firefighter at the wheel, 43-year-old michael quinn. >> this is a huge case. usually we do not put a dollar amount in the complaint but this is an eight-figure case the.

>> the lawsuit says that mobile quinn drove the city of san francisco fire department under the influence of alcohol with a disregard for the rights and safety of others. quinn is under criminal investigation for driving the ladder truck under the influence of alcohol and caught on a bar surveillance video after the crash chugging pitchers of water. it is reported that the fire department is investigating whether other firefighters tried to help him avoid a d.u.i. arrest. test resulted hours after the crash found him with a .13 blood alcohol level. the motorcyclist suffered several broken ribs, broken leg, ankle and foot and neck and back injuries. >> he twice has been rehospitalize since spending a in in the hospital from initially after the accident. >> he hopes the lawsuit will bring about needed change in the fire department with the long history of drinking in station

houses. >> he is concerned about this issue and he would like to see something more be done. the city attorney declined to comment on the lawsuit saying they just received it. on the criminal side quinn's attorney say he may never face charges because the evidence is not there. it took them seven hours to finally do the blood test. >> a jury has ruled in favor of a group of senate -- san francisco fire departments who sued over a promotion exam. they accuse the fire department of changing the scores of a 2008 written test for those hoping to become lieutenants. they claim that the department destroyed key documents in an effort to deny the aging candidates a promotion. a jury agrees and has awarded firefighters $3.7 million in damages. the city attorney will not say if they will appear.

>> the woman charged with running over and killing a couple while they washingtoned their dog will be arraigned today. the brother says she has a history of alcohol and drug addiction and a long rap sheet going back 25 years. she plowed into the couple killing them and injuring their diagnosis. her blood alcohol was twice the legal limit. the dog is being treated at a clinic in san mateo and could return home this week. matt will have much more on the story at 5:00. >> jury deliberations begin today in the trial of a teen charged in stealing a celebrity chef's lamborghini and shooting at a romantic rival and his girlfriend. max wade is charged with attempted murder. the prosecution says he still the chef's lamb before gain from a san francisco dealership in 2011 and shot a romantic rival a

year later. the chef testified yesterday saying he did not know the teen and did not give him permission to take the car. >> former giants slugger barry bonds is asking the court if san francisco to reconsider the ruling that made him a felon. last month, the court upheld the 2011 on obstruction charges. they are asking the court to overturn the decision. bonds was convicted for obstructing the federal grand jury investigating the scandal over a laboratory that supplied performance-enhancing drugs to athletes. >> if you are around santa cruz and gilroy you will see the rain otherwise it is hit and miss. you could see a few sprinkles because we are mostly cloudy.

you can see done -- down to the south we have rain developing but nowhere else. the next 12 hours we will have isolated showers and upper 40's to mid-50's. showers at noon with clouds, mid-to-upper 50's. we have decrease clouds in the afternoon. the chance will fade. we will be in the upper 50's to low 60's and then mid-to-upper 50's by 7:00, cooling quickly. a warming trend in the afternoon, 58 to 68 is the spread on wednesday. 60 to 72 on halloween, just great weather. friday, that is the warmest day, mid-60's at the coast and mid-70's for the rest of us. >> road work to make you aware of the south bay where we have road work south on 87 until 5:00

this morning with lanes blocked. slow for the concerned area, the cone zone. at 680 this is a detour until 5:30. to the east, eastbound 580 in livermore, the lanes are closed with a detour in place. the bay bridge plaza, everything is light with no delays in san francisco. the san mateo bridge shows headlights west to foster city and everyone is at the limit. >> thank you, sue. >> a san francisco landmark fades into history today. >> super storm sandy a year later. we will see how the worst natural disasters in new jersey is being remembered. >> the top questions congress have in a few hours for the administration official at the center of the troubled

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a year ago today, super storm sandy slammed into the eastern seaboard changing the lives of millions washing homes into the ocean and left neighborhoods underwater. the recovery effort has been ongoing since. we take you to new jersey. >> good morning, kristen. they are still rebuilding at this beach. the boardwalk is new and the sand has been raised to protect the residents. a lost signs of progress but there is still a lot of work to do. a year after super storm sandy's fury along the east coast, signs of recovery. ellis i'll left in the dark if -- for months, re-open. the seaport is back open for business after 85 percent of the

businesses were shut. in long beach, a new 2.2-mile ford walk that is supposed to withstand the next storm. >> we have made great problem but that means nothing if you are one of those who is not back if their hope. >> many are still rebuilding, still suffering, sandy cost $65 billion in property damage. only a portion of the $50 billion in federal aid money is happened with new rules put in place after katrina to prevent waste and fraud have slowed the flow of funds. many residents say they are frustrated by paperwork. >> paperwork is filled out, submit this, submit that, by the end, they tell you do not qualify for whatever rope. >> the storm destroyed retire yes' new jersey home. she is building a new one but the $140,000 insurance payout doesn't cover the cost of construction. she and her husband are making tough choices. >> we are using our retirement.

>> today through memorials residents will remember the victims, at least 181 people were killed in the united states. pat lost her husband and daughter. >> later this morning, new jersey governor chris christie will attend a statewide prayer service. today on the shore, people will shine flashlights. the message: light of a all the darkness caused by sandy. >> thank you. hard to put that behind. when you look at the video the magnitude the storm. >> we will look at what is going on today. doppler shows the east coast with the jersey shore to new york can long island where it is looking quiet.

we have descent weather with no wet weather expected. you can see the spinning low is pulling away centered over nevada. that is the counter clock-wise blow with the sun and radar running. at home, temperatures are in the low-to-mid 50's through the south bay and san jose is 54. along with campbell and cupertino. 55 in sunnyvale. we are 53 in saratoga. alum rock is 48. the peninsula is in the mid-50's up to san francisco at 55. we are mid-to-upper 40's through the north bay and novato is 43. if you are headed out, if lafayette or danville, 50 and 52 and same in brentwood. today, the temperatures are again below average even with increasing sunshine and a mild start this morning, we will only get in the upper 50's to low

60's and a few mid-60's like livermore and napa but, still, ten decks cooler-than-average. san francisco is ten degrees cooler-than-average. nine degrees cooler in oakland in the 60 so it will feel unusual outside today. radar returns are impressive at 7:00. this is really light drizzle. a shower could's as we head through the morning and some the noon hours. notice how everything then fades to 5:00 and our higher elevations to the south see showers and overnight, it all goes away. here is a look at the temperatures. we will start down in the south bay with low-to-mid 60's and same on the peninsula until we get to milbrae at 59, and mid-to-upper 50's along the coast to downtown and south san francisco and through the not bay valley, low-to-mid 60's there and along the east bay shore, away 59 at berkeley to 62 in castro valley and the east bay develop, home 60's.

warming trend begins tomorrow, peaking on thursday and the rain is out of the weekend forecast. >> overnight road work for the drive at this hour of 4:46. in oakland, we have cones and lanes northbound 880 between 23rd and product way, the next 30 minutes or so and eastbound 580 from gold were gate -- golden gate fields to willow there are cones until 5:30. a beautiful morning right now in san rafael, southbound, 101, beyond lucas valley road it is very light. drizzle on the golden gate bridge and you may need your wipers, 680 southbound moving at the limit through 24. >> a ceremony is scheduled in san francisco this morning to celebrate the demolition of the

firm cathedral hill hotel to make way if a new hospital. the mayor signed off on the $2 million deal in july clearing the way for california's new hospital. construction is expected to begin in june. the medical center will is more than 300 beds and offer another centrally located emergency center. the dole calls for the remodels of st. luke's in mission and will be completed in 2019. >> the senior obama administration in charges of the troubled obamacare faces questions by the house of representatives ways and means committee and whether she saw the problems ahead. lawmakers want to know if they can trust the promise that things will run smoothly by end of november. in democrats have joined republicans in calling for a one year infallment -- installment

for next pan -- for tax penalty. >> hurricane level winds knocked down trees and left hundreds of thousands without tower in england. with at least five deaths reported in united kingdom, six in germany and one in denmark and the netherlands. >> limiting screen time no longer means just tv. doctors have a tough new prescription that may have you setting the timer when your child plays angry birds. >> a son california city wants the city to give the makers one saus

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core crashed into an apartment building at jackson and grand streets yesterday. the driver was speeding and lost control of the vehicle. the building has so were damage no one can live there. >> an evening near pleaded no contest to charges he threatened to kill a state senator. the prosecution says that the man was angry over the bill to crack down on semi automatic weapons. the plea was pat of a zeal where several charges were reduced. police found many assault weapons when they raided the house in february. authorities dug a hole in the front immediate put in the explosives and detonated them. >> mountain lion has been spotted in pleasanton in an open space area. crews saw him on the grass on the operations center service yesterday morning and it wandered away. they are often seen in this area. authorities remind us to call

police immediately if you see a mountain lion. stay away. >> bart is trying out new seats for the next generation of train car and you can help. riders can try out three different seat cusion prototypes: soft, medium and firm and decide which is "just right." this is held at the dublin/pleasanton from 3:00 this afternoon to 7:00 p.m. and another session tomorrow at the pleasanton -- the pleasanton hill station and friday at lake merritt. >> southern california city is suing makers of delicious hot sauce. the odor from the production plant is a public new san -- the public nuisance. the lawsuit says complaints of burning eyes and irritated throats and headaches. the makers deny there is a problem. >> a dad is showing off his love for his kids and his skills in

time for halloween, with a habit taking halloween photos of the kids trick or treating and decided to enlist special effects. this was inspireed by dr. who and star wars. he cut and cropped and motion pleasuring the shots. we want to see highway you do in comparison. mail your photos to us or share them on twitter or instagram. >> that is a good one. >> mike? >> i would hate to be the hygienist. tonight, we have a frost advisory until 1:00 o'clock tomorrow morning through 9:00.

notice the higher elevations the north bay the temperatures could get to around freezing from time to time. right now, they mostly in the upper 30's to low 40's. snow is an issue in the sierra with snow showers, at 42 in tahoe and 48 in yosemite national park and mid-to-upper 60 through the central valley with a stray shower. still some stray showers and look how cool it is in san diego and los angeles, mid-60's with palm springs at 72. safe travels. >> we will check on the controls in a minute but we will go check out roads with action cut off. the connection to 242 is shut down for a few more minutes. 87 southbound, those lanes are closed until 5:00 a.m. and mass transit showsen is looking good with no delays and a look at the bay bridge toll plaza where

traffic is flowing nicely with no delays whatever and back to the san mateo bridge, traffic is flowing nicely, as well, and this is a shot of the golden gate bridge with a beautiful situation here with a little bit of drizzle is all, so you may need your wipers. >> an oregon company has voluntarily expanded a recall of their packaged salads over concerns of serious illness. the salads are made by fine foods and packaged a factory in kansas and the products include potato, pasta, tuna, and egg salad sold under their name and other store names. the salads have a code of 20 and next best buy date with daylights from october 11 to next february. for more information visit abc7news.com. >> if your kids are texting on the smartphone or using laptops,

doctors have a warning: internet use is included in the policy of limiting sketch time to two hours a day. previously, the time limit referred only to tv but now, doctors warrant watching movies and playing games can cause problems like obesity, lack of sleep and bullying. online homework is the exception. >> airbecause is urging airlines to set an industry standard of 18" in all future planes to improve passenger comfort. for many carriers 17 itch -- 17" wider seats can improve sleep quality by up to 53 percent. >> a new technology could help police give dangerous high speed

chases but track will whys, still. the system is called star chase and uses compressed air to fire tracking devices from a gun embedded in the grill of the patrol cars and costs $5,000 to install. each bullet costs $500. the police have found they can be safe change to high-speed chases that can be much more expensive. a trooper has tested it and believes it will pay off. >> we could back out the pursuit for everyone's safety not only the violator but the civilians through the state. >> the trooper used the device and delivered a warrant because of the tracking device. they tested in iowa and florida. >> like a james bond movie. >> a north bay community says goodbye today to the 13-year-old shot and killed by a sheriff's deputy. next, the process expected hours before today's memorial.

>> the parents of two lifelong friends cope with the deadly consequences of drinking and driving. >> a month after this tesla car fire, a second blaze raises new concerns.

people use lysol disinfectant there are hunspray.of ways max's mom uses it on the couch. it freshens, but unlike febreze it's also approved to kill 99.9% of bacteria. with lysol disinfectant spray, go beyond freshening. start healthing. kgo. >> live from the kgo-tv broadcast center this is abc7 news. >> first thing you will notice when you step out, it is not so windy but there is a change in the weather. >> we will talk to mike about that. >> the atmosphere is decoupl