tragically rock with the routine surgery. we have the latest from children's hospital. >> good morning, the family announced over the weekend they would have a manner and rally at the same time they are expected to appear in court this morning, in superior court. they announced this over the weekend and that is because they say they need to draw attention to jahi mcmath's case who was pronounced brain dead and by medical examiners remains on a ventilator. the family is expected to appear in court this morning with representatives from children's hospital to announce the name of the independent doctor to provide a medical opinion on her condition. a superior court rules on friday that jahi mcmath could rain on a ventilator and receive i.v. fluid tomorrow while a neurologist examines her for brain activity. her mother is asking for more time. >> you don't need a judge to tell you, you are wrong. you need to do the right thing

and give this family an opportunity to explore every possibility of remedy. >> the faith leaders are rallying behind the appeal and a group of pastors is demanding the district attorney investigate the case. jahi mcmath went into cardiac arrest before being declared rain dead on december 12 after she went into the hospital if a routine tonsillectomy on december 9. they are holding the rally today. they are asking that everyone coming down to support jahi mcmath wear purple, per >> there was a shooting outside a nightclub that left a man on critical condition before 2:00 this morning. witnesses say the temple nightclub was packed when shots rang out. a search is underway for the gunnen ma. police say the victim was hit in the stomach and not cooperating.

>> police are investigating the death of a man at a wal-mart in oakland found shot to death in the parking lot of the store at edgewater drive. they are not sure if he was killed there or if the body was dropped off there. >> police in vallejo are looking for clue when a man was shot to death outside an apartment building at 8:40 last night near interstate 80. the victim is 34-year-old vallejo resident, wayne germane. >> a puppy is recovering this morning after a worker found the animal at a recycling center. we have details from the plant if san francisco. >> maybe there was other trash in there and i could see the puppy was trying to crawl owe. >> he stopped the line when he saw the poodle moving on the belt and she was wet, shaking

and pleading. she was through quite an ordeal. she ended up in a debris box before be transported to the plant. >> it had to be load bit forklift driver and, also, go through what we call the shaker where we try to shake the debris like the dirt and styrofoam stuff like that and came down the line. the puppy is now in the care of san francisco animal care and control where workers have called her gem recovering well from the wounds she found on her neck. they noticed she is moving fine. the question is how she got the injuries and how she ended up in the debris box. >> that is what we are working with, trying to see if they can track which truck she came in by reviewing the cameras and seeing if we know what neighborhood she came from. >> officers are help hoping to get tips from members of the public who have record expressed

interesting in adopting her. >> hopefully she goes to a good tomorrow and take were care of and be someone's best friend. >> today is the last day to sign up for a plan under the affordable care act if you want coverage by john -- january 1. the call centers are open until 8:00 p.m. to help you enroll. they have received a high number of calls so you my have to keep tracking. you can apply online, as well, with open enrollment through march 31. if you missed number, and need more information go to website at abc7 news.com . >> bart's general manage will recommend the board of directors approve a new deal reached between bart and the unions as soon as possible. over the weekend, the two sides reached an agreement over a disputed clause that granted employees up to six weeks of paid leave. under the deal, employee could

decide how to lose banked bay -- pay time off to care for a family member and the union expected to take the deal to the members for a vote. >> 1,600 transit workers will vote on a new contract on friday. there was a deal made on friday. two previous offers were voted down. the union is not revealing details of the proposal but were able to make chains that the rank and file asked for. >> a christmas week storm has left nine people dead and hundreds of thousands without power from main to michigan this morning. the worst ice storm to hit the region since 1998 has take were down trees and power lines. it could be days before the power is restored so families could, spending christmas in the dark. it caused flash flooding in indiana and made holiday shopping treacherous in oakland, three died in an s.u.v. swept away by flood waters in kentucky

and thousands of flights are canceled or delays by severe weather. >> in the east, there is little impact on bay area airports which reported few delays over the weekend. this is the seen at san jose international airport yesterday afternoon, officials at sfo and oakland remind you to check with the ail before headed to the airport. >> especially christmas week. how is the forecast here? mike? >> right now, i figured out philadelphia is having issues with flight arrival delays. you can see the wall of water from panama city, florida, through atlanta, up 85 to the northeast and it is all water until you get to maine where it turns over to freezing rain and snow so very warm system. behind it we have cooler air around chicago and milwaukee and snow showers. as far as our airport, everything is fine. now, the day planner, in the mid-30's to mid-40's under a star filled morning with sunshine by noon and already in the mid-50's to low 60's out at the coast and we are in the

low-to-mid 60's the better part of the afternoon with just a passing high cloud or two and no worries if you are shopping this evening, low 50's. we will take a look at the next three days if you have to do shopping tomorrow, almost the same temperatures maybe a degree warmer with record highs the next couple of days the low-to-mid 60's and sun and passing high clouds. each day is possibly a "spare the air" day. leyla gulen? >> we have a little bit of tire tread that is in the lanes on highway 4 as you head in the westbound direction before you get to i-80, this is at franklin canyon westbound, so that could slow you down and c.h.p. is headed throughout to clone it up and make sure it is out of the way. drive time traffic from highway 4 to antioch is 28 minutes along 80 when you get there to the maze from 4. and from 85 to the san jose airport is eight minutes and outside we go, as we look at the san mateo bridge, it is locking

like a clear drive headed away from hayward to foster city only taking you 11 minutes right now so it is quick. >> over to you. time now is 4:38. final preparations are underway for the last 49er game played an candlestick park and the family that got free tickets. >> the major change firefighters making following the controversy over their response to the l.a.x. shooting rampage. >> last ditch challenge as utah is the latest step to

covering benicia, san ramon, san mateo and all bay area, this is abc7 news. >> good morning, a look at the city and the bay bridge and it is looking nice out there this morning. temperatures are in the upper 40's right now. we had "spare the air" last

week, will we this week? >> the fire department is changing how they respond to mass shootings after the rampage at lamb with paramedics and firefighters protected by armed police go to where the wounded are and treat them even if the gunfire is city going on. the t.s.a. says they were considering the changes for months but it speaked up following the death of t.s.a. officer hernandez november 1. >> after a month of climbing gas prices they are trickling down two cents a gallon. the average now in the state is $3.54. the national average is $3.26. los angeles has the highest at $3.61 and the cheap southwest in sacramento at $3.40. >> federal judge will consider the request of the state of utah to halt same-sex marriage as they tree to reinstate a voter approved ban on gay marriage that was struck down. hundreds of couples will arrive

this morning at the clerk's office hoping to get married before the stay is issued the 2004 same-sex marriage ban was declared unconstitutional and weddings began almost immediately. yesterday, an appeals court declined to intervene. >> today is the final regular season game for the 49ers at for the final regular season 49er game it is all about the memories. >> you have been a 49ers fan for how long? >> since i was, like, a year old. >> he has never seen a game at the stick so his dad decided to create a great moment for his son and went on facebook to try and win tickets for the monday night football game from san francisco rec and park.

he won two tickets with v.i.p. parking. >> it is basically a christmas present for me. >> he and his dad will join 60,000 fans for the final game many who already have their own special memories and some will add more special memories. >> some fans have great seats inside but wanted to be very close to the action before the game so they reserved an r.v. spot here. >> there is no way we would miss this we reserved this in april. >> bob and his friend are season ticket holders and will be able to take home part of the stick when it is should down. >> you will get the physical seats? >> exactly. the exact seats. we brought a sharpie so season ticket holders can seoul -- sign our seat. >> it was very emotional, stick ing through good seasons and bad. >> people say it is a dutch --

dutch but to me it is paradise. >> kickoff is 5:40 on monday. >> san francisco police have a warning for fans what want to take home part of the stick without asking. the don't. anyone caught stealing signs, seats or other momentoes will be arrested. the commanders will have 50 mirks more officers on duty tonight than for a typical home game and police promise to keep an eye on fans whoever drunk or excessively rowdy before, during, and after the game. viewers sharing with us their memories of the stick. check out these fans kaepernicking and these fans are saying "farewell" in style. e-mail us your photos to ureport@kgo-tv.com. >> they will say farewell with good weather. >> pretty nice. middle of a drought this is not a bad time to have a game where

warm weather. here is a look at what will happen tonight. we are going to have the 5:00 40 -- 5:40 tip-off at 58 degrees. if you tailgating temperatures are around the low 60's so at 9:00, there will be stars and 55 degrees. what a great night for football. as far as our winds, they are light and variable. less than six miles per hour because of high pressure dominating our weather again. check out temperatures at 50 right now in san francisco and that is the warm spot, low-to-mid 40's around the bay shore and down to san jose at 41 and a lost 30's inland and mid-to-upper 30's in antioch and 40 and 39 at half moon bay. this is how it looks from mount tamalpais with sausalito in the foreground and san francisco in the background and it will be sunny, passing high cloud from time to time and warm, poor air quality today, it is our 15th "spare the air" and clear and chilly at flight so the nights are chess to normal and the

afternoons are abnormally warm and the pattern is locked in all week with dry air, poor air quality and above-average temperatures. as we look from the east bay hills, the north bay inland east bay and santa clara valley, that is where we will fine the poor of the air quality today. those most susceptible to fine particulate matter have issues and all of us could have issues on thursday and friday. we will watch that low-to-mid 60's if most neighborhoods from 60 at half moon bay and 63 in san francisco, and san mateo and down to 66 in san jose and oakland at 6 a and livermore and san rafael and map pa and santa rosa at 66 and concord is 63. tonight the temperature are in the mid-30's to low 40's and upper 30's to mid-40's an the bay shore and to the coast. here are two areas of high pressure looks the same as last week, but for the jet stream has dipped a little bit into oregon and washington and that is as close as it is going to get with the high pressures

re-establishing themselves, bulk up and maybe push the jet stream to the north. >> we have clear conditions across the roads with a lost people taking the holiday off as we take a look at drive time traffic 680 southbound from walnut creek it is 15 minutes and southbound 101 from santa rosa to san francisco at 51 minutes, and i will show you the drive in a second, through the mountains, highway 17 from highway one to los gatos that is 25 minutes and there is no chain control and you will head out to lake tahoe and 80, 88, 50, no chains are required and not too much snow, and as we head back offer to 101, this is the drive into santa rosa you can see the area shaded in orange is indicating where fog could affect your commute as we take a look outside, and here is the drive coming from san rafael to san francisco, it is further to the south, and nice and clear and wide open and not taking you

very long. >> thank you, the united states says they have successfully evacuated citizens from south sudan after violent unrest in the region. people left the city aboard fan and u.n. helicopters after firing on three united states military aircraft. but the u.n. says other foreign nationals remain in south sudan which many fear is on the verge of a civil war because of tense clashes. >> astronauts on the international space station are gearing up for another dangerous spacewalk to finish fixing a broken cooling system. they got more than halfway through the repairs on saturday and a malfunction in one of the space suits forced one of the astronauts back inside, the second time water has become an issue. they will use backup suits together to finish reports to 760 pound cooling pump that keeps electronics from overheating.

>> the wheels on rover are showing lots of wear and tear after a year on mars. here is the damage to one of the wheels with curiosity traveling just three miles but mars terrain is rough and mission managers may have to reroute the rover to decrease the wheel damage. >> now, a great christmas-like fight and what is on the line as the spectacular display goes ornament to ornament. >> community comes to the rescue after christmas is stolen from

good morning on the monday before christmas. this is the eastern span of the bay bridge. i have a feeling this will be

christmas week lite. what do you think? >> shoppers were not in the holiday spirit in stockton. look at brawl that break out over the new air jordans. this is cell phone video. a spokesman of the store says $185 shoes sold out quickly causing tension took the shop we whose could not get a pair the another fight broke out outside a footlocker in the bronx between a group of women. >> a bay area family who is taking christmas decorating to a new level is competing for the top prize on national tv right here. it is the family of san rafael and this is the house on the great christmas night fight. they were chosen based on what they have done in the past. you can see they have another elaborate design with the winner taking home $50,000. you can catch the christmas light fight tonight at 9:00

right here. >> that $50,000 could just pay for the electric bills the. >> maybe half of that. >> they get the best holiday spirit but worst neighbors ever, right? >> the house next to us goes crazy with the lights and the house on the other side goes on a sign "ditto." >> it is quiet. if you are driving this morning, through the central valley, mid-to-upper 60's over to monterey, not a record high today like yesterday in tahoe but 52 and pretty darned warm and low-to-mid in san diego and palm springs. it is mild at 45 in boston and 61 in new york and washington, dc, warmer than atlanta at 53. in fargo it is 11 below, the high, and dallas is in the 40's. tomorrow, we have snow around denver and minneapolis the rain is pulling away with

temperatures 20 to 25 degrees cooler along the east coast and up to seattle and pot land, it will be dry and 45 degrees. leyla gulen? >> good morning, mike, it is quiet and holiday lite which is very good news looking good for the airport. be came of this northbound 101 as you head closer to the san jose airport, at brokaw road we have debris in the lanes and c.h.p. will have to come out and clear things up for you. across our bridges, 101 if you are headed across the golden gate bridge from sausalito to san francisco that is only eight minutes, to take you across the bay bridge along 92 the san mateo bridge is 13 minutes and in the east bay we will see what is happening on 680 southbound from pleasant hill to walnut creek we can see it is wide open, nice and clear and not seeing any bunching of cars to

the 24 young and san jose at 280, away from 17, it is all dark with just a couple of cars in the number direction. matt? >> thank you, leyla gulen, a massive crane from the bay area is in the middle of a 6,000 mile trip to the big apple. the crane known as the left coast lifter left the bay by tugboat and custom built for the bay bridge project to install huge deck patch els -- huge deck panels on the span. >> incredible story from seattle, a pair of glasses may is sinned the life of a teen. the 16 year old was on a couch inside her home when she was hit by a bullet that hit the bridge of her glasses and was deflected away. the glasses broke but the girl was not seriously hurt and no one else was hit. >> cracker barrel is putting

"duck dynasty" on the shelves after pilling items off the chefs in the wake of phil robertsonant gay comments but they received a flurry of negative responses from customers and fans and said they are trying to avoid offending people. >> the man who famously dropped the big mac to rescue three women held captive in cleveland if a decade is writing a book, charles ramsey sign add book deal slate dead come out in the spring cowritten by a former u.s. senator speechwriter. >> neighbors are opening hearts and wallet foes an army veteran whose family was robbed of christmas gifts. the corporal has been home for less than two week after serving 17 months in afghanistan. on monday he and the family were out and thieves poke into the home. i did the christmas shopping online because i don't have time, it was on the desk and they helped themselves to what they wanted which was everything. >> they stole $5,000 worth of gifts. when the story got out people

began donating exists, ornaments and money and 75 percent of what they lost has been replaced. >> a puppy left for dead found on the conveyer belt of a recycling plant and how it survived and what is next for the little survivor. >> state regulators are returning a fine they imposed on peg after the deadly san bruno explosion and fire. >> san francisco make as bid to host the america's cup again and what will be different this time around.

live from the kgo-tv broadcast center this is abc7 news. thanks for joining us. i am matt keller here for kristen sze. >> first the weather forecast. mike, when is the last time we didn't have "spare the air" day? >> well, over the weekend we got a break on saturday and sunday. here we go again. another consecutive streak starting today. talking about temperatures headed into san francisco, it is 50 if san francisco and now if you headed to downtown it is 48. same if you are headed through the ferry building in 48 in upper market. across the golden gate bridge you will run into 48 at the field. mid-to-upper 30's inland and pittsburg is