>> living a better bay area, moving forward, finding solutions. this is abc 7 news. >> new action from shop owners in the fight against crime. one business has taken a customer to small claims court to recoup money on goods allegedly stolen. thanks for joining us. >> you are watching abc 7 news at 5:00 live on abc seven, hulu live, and wherever you stream. fed up with retail theft and the lack of response from the city. the san francisco business taking a customer who they said shoplifted to small claims court. it is giving the business some of its money back, but costing in the process. melanie woodrow is on the story. >> the boutique with locations on fillmore, union, and valencia street in san francisco. the co-owners say theft is a constant. >> in the past, everything a

police report we filed for every kind of shoplifter or break an entry has never had any resolution. >> she says the blatant theft they experience recently is not the norm. the co-owners has more customerd for them. >> disheartening, because these are actual customers that coming. >> frustrated and fed up, they approached one customer differently would they said stole from them in may and june. rather than file a police report, they reach out to the customer through their attorney. unable to agree on a settlement account, they took the customer to small claims court. abc news attended, but video was not allowed. the customer and store co-owner agreed to a $1121 settlement, covering the cost of two items. $800 from the time the co-owners spent with surveillance video and researching, and $65 in court fees. it does not cover attorney fees, but the co-owners would have preferred it did. >> whenever there is a theft

incident in one of our stores, this is what people don't understand, we have to halt our operations. we want to interview our staff, find out if this person has been in before, then we start the process of digging through tapes. >> the customer's attorney disagrees. >> there is no legal basis for the award of money for owner's time getting ready to go to small claims court. the owners of this business have another agenda that they are working on, making a political statement, an example of my client. >> as for what they learned going to small claims court to handle what has become a big problem in san francisco. >> it is probably not worth their time. i felt strongly that we had to take a stance. >> in san francisco, melanie woodrow. >> in the east bay, concord police investigating a robbery at a jewelry store in the sunny valley mall. -- the sun valley mall. it happened yesterday evening.

you can see this video. ryan curry spoke to a witness of the traumatic scene. >> new surveillance video shows an armed robbery in concord. >> different people coming in, six or seven people. >> he was working across the hallway when it happened. >> standing here stacking some stuff up, and walking, that is when i watched everything happen. i came down here, i looked over, and i watched everything else. >> police say the incident was organized. they believe as many as nine people were involved in the robbery. the suspect had everything planned out before. >> he said it happened fast, no more than a minute. they grabbed what they needed, and left and fled down the hall. >> i think one of the workers was trying to grab somebody but chose not to. because you never know what can happen. then they just ran away quick. >> garcia had been working at the mall for seven months.

he said it's common to see petty theft, but a robbery that planned out was surprising. he says it happens again, he will not go anywhere near it. >> me personally, just staying out of it. >> the robbers stole nearly everything in the store. the estimated worth of the soldier lori has not been determined -- stolen jewelry, but it is substantial. they are treating the crime as grand theft. in concord, ryan curry. >> did not take long for police to make an arrest in the stabbing of a man in san francisco's mission district. it happened this morning. officers handcuffed a man in the area. the investigation of the scene was still active. police arrested javier for the assault of a deadly weapon. it is not clear how badly the victim was injured. >> photos among the items detectives were after in a raid of the home of dominic foppoli. we learned deputies were focused on during the raid,

investigators removed items including laptops, ipads, a cell phone, and usb drive. deputies were searching for photographs of two unidentified women. it came weeks after a woman made a new claim of sexual assault against him. >> today, i am announcing i will not be a candidate for reelection to congress in 2022. it is time for me to come home. time for me to be more than a week and wife. and it has been an extraordinary privilege and honor to represent the people of san mateo county and san francisco at almost every level of government for nearly four decades. >> seven term bay area congresswoman jackie spear announcing she will not run for reelection. she said she was inspired to pursue a career in public service after surviving the jonestown massacre in 1978, when

she was a congressional staffer for leo ryan. spear was shot five times and the congressman and five others were killed. after that, she served six years on the san mateo county board of supervisors, at 18 years in the california legislature for being elected to u.s. house seat in 2008. >> the impact of the 71-year-old congresswoman will be felt for generations to come. leslie brinkley has a reaction from her constituents and tells us more about the legacy jackie spear leaves behind. >> after 35 years, -- >> congresswoman jackie the voice for voters on the peninsula, the accolades for her years rolled in. >> such an iconic figure. when you think about san mateo county, you have to think about jackie spear, congresswoman spear. consumer protection, think about

what she has done around women's rights. >> she is truly beloved by her constituent. >> always thought highly of her. >> i was rather impressed they came down here. >> congresswoman spears said what she is most proud of during her time in sacramento was changing child support enforcement laws. >> and what we got from san francisco to san jose to cut the trip in about half. and appearing congress, it has been a labor of love around sexual assault in the military, college campuses. >> jackie gave voice to survivors who had been voiceless. people really understand the pain and retaliation they were facing. while serving our country. jackie is one in a million.

she is a hero to many of us. she is the true a pit of meat -- epitome of a leader when we elect someone to congress to speak for us. >> hard shoes to fill. >> i'm leslie brinkley. >> the news of spear's retirement brought an emotional reaction to the ceo of samaritan house. one of the many local organizations the congresswoman has assisted in her long career. >> it was a shock driving over and hearing. but you have to understand also much gave her body, per her life on the line. it is hard. >> it is so sweet, you love her. >> i love her very much. >> he sure does. he recalled how she organized a group of colleagues with last year's food drive during the peak of the pandemic. later in the newscast, he will talk about his organization's

push to feed the hungry and how it compares to the time before covid. >> teachers in the east bay speakingwhat they want from the district, and concerns about a surge in cases. >> larson case against a palo alto woman accused of starting a fire in while shasta county is put on hold before indefinitely. [ sneeze ] are you ok? oh, it's just a cold. if you have high blood pressure, a cold is not just a cold. unlike other cold medicines, coricidin provides powerful cold relief without raising your blood pressure be there for life's best moments with coricidin. now in sugar free liquid.

>> there are reports the fda can authorize fires or for all adults as early as thursday. according to the current federal guidelines, pfizer and moderna boosters are available if you are over 65 or a higher risk of covid complications. the cdc advisory committee set to meet friday to discuss expanding booster eligibility. if the fda and cdc committee support the plan, the cdc director must sign off for it to

become official. >> california officials have expanded boosters to people 18 and older as long is it has been six months since your initial doses or two months since your one shot of johnson & johnson. governor newsom said booster shots are in abundance. but some people have found it challenging to get appointments in part because of the federal guidelines, saying you must be 65 or older, have an underlying medical condition, or work in a high-risk setting. they are following the state. >> especially as we are going into the holidays and we are concerned about the winter surge, get a booster, we will not turn anyone away who wants a booster. >> san francisco and santa clara county agree. they say no one will be turned away if they feel they are at risk of covid. >> in oakland, the teachers union is trying to force the school district to bolster safety equipment and prepare for a possible surge in cases.

the district says it has one of the best safety protocols in the state. abc 7 news senior education reporter explains some of the contentious issues. >> we don't have social distancing. >> this was video of the school cafeteria posted by the oakland teachers union. >> it makes sense to get as much outdoor equipment as possible so people can be outdoors. >> these are pictures of the empty cafeterias showing fans that are there to help circulate the air. the union wants more powerful scrubbers. the district says what they have now is more recommended. >> all of this is put in place. and any cases of covid at rea using that example. >> at times, a few outdoor activities have been interrupted because of the weather. >> these are the tents are district provided us. >> after the storm, some outdoor pop-up tents were damaged.

the district says most, if not all, have since been replaced. since the beginning of the school year, oakland unified has had filters in every classroom. the concern now is what happens when there is a power outage in the rooms without windows. >> when there was already a power outage at my school, we did not have any ventilation happening. >> another argument made by the teachers union is the delta variant is more of a threat, and the district should spend more of the 283 million dollars in covid relief funding two guard now against a possible surge. >> we want to make sure we do baseline testing. >> the district told us 20,000 rapid covid test kits distributed by elementary and middle school students and staff right before the thanksgiving break. when you take the first of two tests on sunday right before they return to school. lyanne melendez, abc 7 news.

>> starting tomorrow, more than 6000 lecturers plan to strike at nine uc campuses. the university of california lecturers are confusing leaders of dishonest bargaining for paid family leave, higher pay, and online instruction. both have been negotiating for months. they have denied the accusations, saying it is grossly unfair to students. it is expected to last until thursday. ucsf is not part of the strike. >> a>> a the sout an official message from medicare. did you try it yet? comparing plans? oh yeah. they sure can change year to year. i found lower premiums

and lower prescription costs. that'll save you money. so uh, mark? on medicare.gov now. open enrollment ends december 7th use the plan finder at medicare.gov to compare medicare health and prescription plans. comparing plans really pays. paid for by the u.s. department of health & human services hey at&t customers... paid for by the there's never been a better time to switch to xfinity. get the fast and reliable internet you deserve, for only $19.99 a month for 12 months. and, for the first time ever, we'll give you 12 times the speed for the same price when you add xfinity mobile. that's more speed and you'll save hundreds over at&t. switch now to xfinity internet to power all your devices and get started for just $19.99 a month. plus, for a limited time, get $300 back and a 5g phone on us. get this deal before it's gone. click, call or visit a store today. the classic hollywood story. we meet the hero, the all-new nissan frontier hero faces seemingly impossible challenge.

tension builds... the plot twist the hero prevails in hollywood, this would be the end. but our here, we are just getting started. introducing the all-new nissan frontier. >> new details in the case against a palo alto woman accused of starting a wildfire is now on hold. a judge found alexandra mentally incompetent to stand trial based on evaluations from two psychologists. she pleaded not guilty in september to charges of starting

the fawn fire near redding. she will now go to a hospital for treatment. >> despite the recent rain and more on the way, drought conditions continue to worsen. santa clara county reservoirs are under capacity. there is a new program to conserve water and save money. >> everyone claims they have the nicest yard on the block. bob wells says it is not even a competition. >> as far as i'm concerned, our front yard is far more beautiful than the lawn. you look at the blue palm bag, and that is beautiful. >> a problem in his yard, and she wanted to fix it. he transformed his front lawn into this drought finally yard and added a solar synchronized irrigation system to control the amount of water he used on his beautiful flowers. it cut nearly $200 off of his water bill annually. thanks to a rebate program, he also saved on the entire cost of

his solar system and about half of his landscaping. >> the nice thing about it, not only are you conserving water, you are saving your own money. >>semore of these yards and are willing to pay for it. up to $3000 in assistance to reduce the amount of water used in your irrigation helps drought conditions. about half of a home's water use is in landscaping. >> much of it is wasted. we waste a lot of water due to errors -- insufficient irrigation. >> numbers of residents taking advantage are up 250% compared to last year. we have only seen about a 7% reduction in water usage in santa clara county, despite the call for 15% water use reduction. more water from the homes can help combat the drought. >> although we have received rain in the last month or so, and the foothills around us, people might think we are approaching the point where we might say we are no longer in a

drought. we are in a severe drought. >> they're doing their part to help and it looks good. in santa clara county, dustin dorsey. >> and you don't have to mow it. >> you like to mow. >> not as much as the last year. >> i was going to i was going tg we have a little bit of rain on the way. >> absolutely we do. liz is coming in late tonight. i want to show you a live picture for our san jose camera. a lot of wispy clouds. post-sunset view. here is a look at the air quality. our all in the good range anywhere from 20 to 38. we had a front come through and a nice sweep across the region. some sprinkles and fog, but cleared out the pollutants and

also brought us the better air quality. a look from our camera. we are expecting gusty offshore winds. 59 in san francisco. oakland in the low 60's. upper 50's from san jose to morgan hill. it was mild for most of you as we saw sunshine in the morning fog. golden gate bridge camera showing clouds passing through. 62 in santa rosa. fairfield at 62. managed to get in the low 70's at fairfield. lovely view from our east bay hills. gusty overnight. chance of showers thursday into friday. and we do have dry and milder weather coming in for the weekend. first thing tomorrow morning, because of the high clouds, the amount of fog will be limited. not as widespread. we will still have areas of fog in the north bay along the coast. it will be chillier in the morning. low 40's to the low 50's. tomorrow when you get going, you need the heavy coats and

jackets. tomorrow afternoon, low 60's on the coast. upper 60's inland. closer to today's level. a really nice-looking day. sunshine and high clouds. level one system thursday into friday. scattered showers. less than .10 inches for most of you. it will be breezy. the hourly forecast, 11:00. a couple of sprinkles appear in the north bay. most have to wait until early friday morning before the wet weather begins and comes in during the morning. for those of you commuting between 5:00 and 9:00 a.m., most of the showers. then we switch it over to isolated showers in the afternoon. they have been scaling back with each model run. most areas under .10 inches. around santa rosa, could see some slightly higher amounts. the accuweather 7 day forecast, cooler morning, comfy for the afternoon. then the level one system with

scattered showers for friday morning. we will see fog over the weekend saturday. brightening up for saturday. temperatures about where you should be around this time. a little cooler early next week. >> thank you very much. >> the alameda county board of supervisors pay tribute to their late colleague. she was hit by a car and killed while walking her dog two weeks ago. she was the first asian-american to be elected to the board in 1994. she served in the state assembly and returned to her state supervisor seat. >> still expect to see her. it is hard not to see her. not to hear her voice. >> i miss her. she is in my prayers every morning and every night for the rest of my life. >> the chief of staff was appointed to serve out the rest of her term. he will not seek reelection and pledges to endorse an

asian-american woman for the seat in the june 2022 election. >> we are waiting to see if oakland will move forward and choose a group to redevelop the coliseum site. two groups walking the lands to revitalize it with or without. one group bidding is led by the former picture, dave stewart. the other is the african-american and sports entertainment group. it is going on right now and expected at some point. >> still ahead, over a week away from thanksgiving. the need to help thousands of families with food donations is greater than ever.

to be a thriver with metastatic breast cancer means asking for what we want. and need. and we need more time. so, we want kisqali. women are living longer than ever before with kisqali when taken with an aromatase inhibitor or fulvestrant in postmenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus an aromatase inhibitor or fulvestrant alone. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death. it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain,

a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. ask your doctor about living longer with kisqali. >> some frightening moments for an employee at a 7-eleven in the tahoe area. >> stop. >> screaming as the bear tried to enter the store. the bear charged her twice after she tried to scare it away while it was rummaging through the garbage cans. it then tried to get in, but the employee managed to call 911 and emergency responders arrived to scare it away with rubber bullets.

that is intimidating. >> i feel for that woman. you can hear it in her screen. finally tonight, thanksgiving is more than a week away. the effort to feed the less fortunate is already underway. >> samaritan house used to set aside two saturdays for the holiday food distribution. this year, the need has doubled and they need a full week to serve everyone who has asked for help. >> the holidays bring out special need. people are desperate to have some kind of joy to participate in the community like everyone else, even though their pockets are bare. >> i'm a health care worker, i don't make a lot of money. i have other bills to pay. >> i live in a building with a lot of old people, so they don't get a chance to go out and get things. i like to help them out. >> officials say they had a good start with donations with support from the second harvest food bank and grocery stores, but they need more help if they can. >> that is world news tonight.

we appreciate your time. >> for all of us here, thank you for joining us. you're a champion. you're not a quitter. quitters don't do what they're supposed to. champions do. and you're a star. and you shine. that's what you do. that's what you do every day. [inspirational music]

tonight, jury deliberations under way in the kyle rittenhouse trial and what the jury has asked for. the judge asking rittenhouse to draw random numbers determining which jurors would decide his fate. five men, seven women, one person of color. rittenhouse facing up to life in prison if convicted on the most serious charge. terry moran standing by live tonight. this evening, abc news learning the fda could give approval this week for the pfizer booster shot for all americans 18 and older. a half dozen states already doing this. and the other headline tonight, pfizer requesting fda emergency use authorization for its covid pill. they say 89% effective at preventing hospitalization and death. the state of emergency

tonight, nearly a foot and