a new plan tonight to keep 13-year-old mcmath on life support beyond an imposed deadline. >> we're still hoping for a miracle and looks like we may have had one. >> how this heated exchange led to new developments tonight. >> those new developments were

announced this evening outside of children's hospital in oakland. this after the family is announcing they are moving the teenager to another hospital and keeping her on life support. things got heated when the hospital's spokesperson tried to join the family's news conference, eric rasmussen. >> reporter: the family announced that another hospital is willing to take mcmath. >> what does it say? no. that's okay. let them read it. read it please. >> reporter: off camera a spokesperson hired by children's hospital. mcmath's uncle and attorney calling him out. >> come right over sir. let's have an open dialogue right here in front of the

cameras. >> reporter: the issue moving 13-year-old jahi out of the children's hospital before doctors are legally allowed to take her off of life support. >> a group of catholic doctors reached out and indicated they may have access to a facility and that's what led us here. >> reporter: they would not name the facility but say it's in the greater bay area and willing to take jahi even though doctors declared her brain dead after complications to remove her tonsils. >> children's hospital does not believe performing surgical procedures on the body of a deceased person is an appropriate medical process. >> what about those who say they have gone too far.

>> what people are those? >> viewers and the hospital. >> have those people's children change places. >> reporter: eric rasmussen, ktvu news. now to the record setting weather in the bay area. >> it's been one of the warmest christmas weeks on record. this is a picture of the sun setting in oakland this evening. it was another day of record or near record temperatures around the state. and check out these pictures at the santa cruz boardwalk. practically looks like summer. because of the weather, the park opened up more rides than they usually would. this is the 20th day this

season a spare the air alert has been issued. we have team coverage tonight beginning with our mark tamayo. >> he's here to tell us about the new records set today. >> reporter: day five the record heat today across the bay area. not only here in the bay area but very warm temperatures to the south as well. look at all these 80s toward salinas and oceanside. a closer inspection from this afternoon, this is day five of record setting warmth here in the bay area for at least for today december 26th. downtown 68 degrees. breaking the old record of 68. even a few low 70s. remember this is december 26th and we're talking about 60s and even a few low 70s. coming up in 15 minutes. we take a look at this. some chilly lows. the cloud cover forecast time line for your friday and the impact it will have on our local temperatures coming up in

15 minutes. >> our team coverage continues now with amber lee. she's live at san francisco's ocean beach where the unseasonably warm weather is bringing out lots of crowds and a warning from the coast guard. >> reporter: the beautiful weather is driving people from across the area too the beach. but the coast guard warns, don't let mother nature fool you. sunset at the beach on a warm winter day is irresistible. >> it's just fun playing in the water and getting wet and enjoying ourselves. >> reporter: this is a special trip for 12-year-old iris bookholt and her family. it's an hour drive to come soak up the waves. >> i think it's really beautiful. the waves it was amazing how fast it got to our blanket. >> reporter: the coast guard is warning people about sneaker waves. >> when you least expect it it can drag you and pull you in.

>> reporter: it's easy to forget. despite the beach's reputation for rip currents, plenty of people frolicked in the watt every today. >> it was great to be here on december 26th and kids are in flip-flops. >> reporter: but this mom says her eyes are on her young children. >> i never let my kids go beyond their knees. >> reporter: the coast guard cautions to go into the water after their dog, saying they are better swimmers. the coast guard says it's issuing this warning because there was a record amount of drownings this time last year. and there's been a number of

rescues this year. remember it was just a few weeks ago when the bay area was in the midst of a cold snap. freeze warnings were in effect then and overnight temperatures were dipping into the teens and 20s in some spots. several homeless people died due to hypothermia. the pfeiffer fire burned 26 acres, the cause is under investigation. we first brought you these images last night as crews worked to put out the flames just north of the panhandle. the flames spread to one other house before the firefighters

could contain it. investigators are still trying to figure out what caused the fire. a 28-year-old woman is dead and her on again off again boyfriend is in jail accused of killing her. >> reporter: parents of the boyfriend found the body on christmas. ortega had been murdered and left in her apartment. her friends cannot make sense of what happened. >> i was surprised because she was a quiet girl. she was so shy. when i first heard i could not believe it. >> reporter: court documents say the two had a history of problems. in november of 2012, rodriguez was arrested. he was sentenced to jail time. ordered to take domestic violence classes and to take medication. a criminal paper work was issued but ortega asked that it

be lifted so he could have quote, peaceful contact. >> the past cases where law enforcement had contact that is what our investigators are out doing as we speak. >> reporter: rodriguez was arrested early this morning just down the street from his parents home. ortega's parents also live on the street. >> i got chills. >> she lives probably, down the street. >> reporter: ortega had just graduated from dental assistant school and seemed to have a bright future. >> it's just sad, for her, she was just 21 years old. and she's gone. >> reporter: in gilroy, anne rubin. a san jose neighborhood was swarming with police during a stand off with an armed man.

police deployed what they called a destruction device after a man barricaded himself on north 14th street this afternoon. police say the man had threatened a family members with a weapon. >> family members say he could be under some kind of influence, some kind of narcotics. we did find some kind of controlled substance on him. we're not sure what it is. >> reporter: the man surrounded peacefully and was taken into custody. no one was hurt. the man accused of killing a tsa agent and wounding people at l.a.x. hospital pled not guilty. paul ciancia pled guilty. he's been charged with murder as well as 10 other counts. prosecutors say they may seek the death penalty. ciancia's trial is scheduled to begin january 11th in los angeles. that should have never happened. because they broke our heart. >> how police and firefighters

save add family's christmas after a thief stole their christmas. >> a change to the unseasonably warm temperatures. how much cooler it's going to be in the bay area tomorrow. [ male announcer ] some things are simply better at home.

like the enticing aroma and distinctive taste of nespresso. elegant capsules meet masterfully crafted machines, and one touch creates the perfect coffee, cappuccino, and latte. ♪ tempt all your senses with one extraordinary coffee. [ penélope cruz ] nespresso. what else? [ male announcer ] discover the world of nespresso on grant avenue and nespresso-us.com. ac transit workers will hold a crucial vote tomorrow on whether to approve a tentative contract. they've already voted down two

other tentative agreements. jana katsuyama is here and she's learned that some workers plan to vote no even if that might mean a strike. and jana katsuyama is live in san leandro with the rank in file's reaction. >> reporter: frank we are now just less than six hours away from the start of that vote. and as you mentioned some of the rank in file members are telling me they don't see a whole lot difference in this deal from the last ones that were turned down. buses have continued rolling for daily riders. as the state imposed a six day cooling off period in november. >> i'm definitely voting no. this contract does nothing for the members. i only know this in the whole proposal only two things that were considered for the

workers. >> i would rather go on strike so we can get what we want. the way they're treating us here. it's not right. not right at all. >> reporter: tonight atu president williams told us she's confident it will pass. >> i'm always confident and always hopeful so we're looking forward to a 51.2% ratification vote so we can move our union forward. the union offers the 3.8% a year. it also increases pay. >> the last time we got a raise was in 2007. >> reporter: the atu president says she feels she did fight for better work wages.

the vote will start at 4:00 a.m. go through 7:00 p.m. and they are telling me they hope to have the results before midnight. reporting live in san leandro, jana katsuyama. ktvu news. it's going to cost more to ride b.a.r.t. in the new year and inflation based b.a.r.t. will increase fares on january 1st. it will go from $4.85 to $5.10. b.a.r.t. says it will use the money for new train carts and improvements. a judge will hear arguments on monday on whether or not to keep city college opened. hundreds of teachers and students gathered as the judge began to hearing the school's

accreditation. only one teacher's union says the accrediting commission is biased. >> the commission according to the state of california is that city college and all community colleges need to be open access to everybody. aep commission wants to see a narrow emission -- and commission wants to see a narrow emission. if the judge grants that preliminary injunction it will remain in place until the trial can again. if you had trouble signing up for state health insurance, you're in luck. the deadline has been extended until tomorrow. keep trying to contact if it becomes clear that people are continuing to have problem. san francisco health

official spokes about a possible het height exposure. the health department issued that warning after an employee was diagnosed with the disease. >> we're letting the public know that if they had eaten at this establishment from the dates of on the dates december 12, 13, 14th, 15th e or the 19th that they should go there and consult with their position to decide whether they want to be sap cy nateed against pep taoeuts a. there is no risk from eating or drinking. >> new research shows patients two understood west simulated. that plead your is the most common. the study follows 146 patients in finland and have had the

procedure while the others had a surgery which included only an insays. a kwraoáer later both sides of the result said they worked. friends of a woman killed last week in a bicycle accident in oakland are remembering her as an avid rider who was around about bike safety. student wadson died after being hit by a road trip. she was righting to her husband when it happened. there is word that a memorial band will be held before the new year. a spike in the number of rights boxing this, to be the the goal is to make.

>> we've seen our bicycling grow. >> reporter: cyclists say it defeats the purpose of two wheel transit. >> the bike idea is you can pick pit up and you can right along. now a kids has to register their bike. >> but tax bicyclists has false from. >> so more so many out here they ride bikes, i would marriage that would you say a good thing thing.

in studying bicycle registration san francisco's public agency announced it would require strong approval and mace. well another day of full sunshine around the area. you can see high clouds approaching the line. no rainfall expects but a few clouds will continue to move in. here's our forecast model showing you the leading edge pushing into parts of the news, weather, and sports bay. as far as overnight lows, still cold. the coolest location back down into the early 30s. san francisco, 24. coming up the one direction cap you'll be trending this evening and in our four cast. the smell of freshly

chipped christmas trees filled the air outside of san francisco city hall today. it was the ceremonial femme station of the recycling of christmas trees. and also i wud last year in -- the right place at the right time. how some people were actually able

christmas arrives one day late for a family in newark. someone broke into their home

on christmas eve making off with all of the presents under the tree. as ken pritchett tells us police, firefighters and the community stepped in. >> reporter: the stockings were hung for old st. nick. but through this window instead crawled a thief. the victims were children. >> i felt scared. >> reporter: who awoke christmas morning their presents all gone. >> it was very sad and disappointing. >> reporter: they didn't notice until morning that jewelry, a computer and wrapped gifts had been taken from their newark home. >> especially for the kids it was something that, that should never happen. because it broke their heart. >> reporter: but today christmas was saved. >> teddy bears. >> reporter: when the family went to the newark police department where a patrol car was covered in gifts. >> every officer working they felt pretty sorry for their loss. >> reporter: police officers

donated money and collected presents including gift cards for mom and the kids. and then alameda county firefighters arrived with even more. >> i hope this all helps. we're sorry about what happened. >> reporter: police say they hope -- police say everything they gave came from the community. >> put your seat belt on. >> reporter: but today crime was not the focus but fun. a ride on a fire truck as they filled their home with christmas presents once more. >> reporter: and a christmas memory ruined. a man and 9-year-old boy were killed after their small plane crashed in the front yard of a home in fresno. the crash happened just 800 feet away from the runway at a

small airport. authorities believe the plane might have clipped a tree as it was trying to land and the pilot just could not regain control. president obama today took time off from his vacation in hawaii to sign a bipartisan budget deal and military spending deal. the military bill will give personnel a 1% increase. the budget deal should prevent the government shut down for two years although a different fight for the nation's debt limit could start early next year. the labor department says new claims fell shartly last week. the government says that's a job of a solid jock market. 338,000 perps filed claims for unemployment insurance. that's lower by 338,000 by last

week. the dow closed up 122 points. governor brown's proposal to build two huge water towers could be twice as expensive as he expected. the price tag of the undertkpwroupd tunnels rould keep 55 to $62 when state bond are add -- price tag of the under ground tunnels could keep 55 to $62 when state bonds are added. and the shopping rush and what a rush it gives shoppers. we check in with bargain hunter

on this day after christmas. aaçó@

happening now, a live picture of the oakland estuary. it was another warm day all across the bay area and yet again we set more records. >> today was a spare the air day. and another one has been called for tomorrow. >> mark is here with what's going on here with all this cold category. >> we're seeing a report over and over. blanketing the good portion of the california and bay area. there's the cold front. the big h. strong high pressure

for this time of year and it's not going any where. when we do come in it's forcing air down. that's zinging air and warm air. 60s and low 60s. this was the scene today looking at san jose. we're talking about lower quality we want the numbers. they are trending down a little bit tomorrow. still we the the spare the air alert on friday and possibly into the wealth egg because the warm weather he brought it back. the current congress is the worse ever. according to a new poll from cnn. it shows 73% of people believe congress has so far done nothing to address the country's problems. 28% disagree. the poll also shows congressional republicans now have a slight edge of

democrats. when registered vote education were asked to choose in a generic ballot 49% chose the republican candy day. aefrpb our war activist cindy sheehan she as it -- passengers may be forced to pick up the tab for meals and whine now served for free across the u.s. the practice of offering these freebies has earneds waist ago stpreubgs. that's because amp and one congressman says that figure is

substantial over 12 years. >> we're at $999 million in losss in a dozen years and unfortunately those losses continue to mount. amtrak says on its way website that food is included on the price of the target and it has does not charge. some travelers snagged extra cheap pistols. he says he will end the ax mmo. word spread fast on social media site. some reported round trip tickets for $7. no word on how many tickets were sold at super low prices. officials around the bay area

are warning gun owners to resp- pb themselves. richmond was quiet today. but tphurbgs earthquakes ha some people say it sound like a tour cities. this is the richmond police shot spotter system which will for the people. in those 117 shooting incidents more than half involved several gunshots. 37 of them were more than five rounds and 16 of them were at least 10. the highest number of shots fired 28. >> what goes up must come down. >> reporter: police want to convince gun owners to stop firing into the air. >> when you fire off guns

people can be hurt. property can be damaged. it's an arrestable offense. >> reporter: in 1998 a man was killedded by a fallen bullet. >> we've lad gun shots go off in one area we've been able to identify or cars or even mid- wynn are away. in richard mono -- richmond, i'm john sasaki. the after christmas shopping rush son. people were waiting outside when this wal-mart opened its dires at 30 miles per hour. shoppers have been coming and

doing arod lop it's been quite a while for the parking lot here to empty out. many shoppers in no hurry to go home. >> this is it. you're come in the day after christmas. that's when you. diamond is shopping on december 26 alongside hoer mom. >> we do like one big gift at christmas so you can as a result to top off their holiday numbers, -- >> reporter: have you been buying or returning? >> returning and then buying more. >> wonderful. just we've got our granddaughter. we've been to the toy twers.

it's a little weird. but it's a challenge, take me where you can. >> it's like a bunch of people online saying, okay i will come tord. >> pants, jackets, earrings, discount. >> reporter: holiday sales are expected to fall a few points from last year. the very linear years, shoppers are grateful. >> we're healthier. we have lives. children have a part time job. the ones that don't go to school. it's pretty good. good time for us. >> reporter: from the national retail federation this forecast $667 billion spent during this

holiday season period. 61 days long. reporting live in con court,. ups has apologized amidst complaints. ufs offers ship ground and anotaries publicked ho tepsss besports and that it would work with srepblg faced sh et. >> another, 10, 15 seconds. it just would have been too much fire. >> the coincident that likely sent a cool brush. how warm it'll be where you live ñioczñz!ioczñz"ioczñioczñz$ioczt

a first of its kind laws that spells out the rights of transgender students in california public schools takes effect january 1st. >> reporter: the sign may look look it's uni sex but at the junior high. >> it's a bathroom for transgender students. >> reporter: charles ramsey says the bathroom which is located at the school's clinic is meant to be a safe haven. >> they know they can come here and feel safe because they'll have staff here as they use the facility. other people won't come behind them. nobody will attack them. >> every high and most middle schools will have at least one

restroom dedicated to transgender students when school resumes in the next year. that is also the case with newly renovated or constructed schools. >> i think our biggest bet would be a uni sex bathroom sew then there won't be any controversy. >> reporter: the bathrooms are just a first step on building a better toll reference. and will hold a special school meeting in 1981. >> we have to educate our kids that no matter how you identify that it's okay. and that you're not going to offer. >> reporter: that conservative group says it needs california to -- it claims to have hens of hens of school al chi ta

raelded shows an elderly man kidnapped -- it claims to have -- of school al-qaida shows an elderly man kidnapped. >> i have been experiences and therefor appealing to you. >> reporter: al-qaida has said it will free winstean connected in connection a trade center bombing. the without did not public publicly but has sate it will not negotiate with al-qaida. >> the crew phaebs every day as they make their way through christmas. the record the it has more calls, e-mails and social media followers than ever before.

the norad shopping takes $2.35 restaurants. talk about a life saving coincidence. a police officer on his way to work sees a car on fire but don't call him a hero. another warm -t could be [ male announcer ] some things are simply better at home. like the enticing aroma and distinctive taste of nespresso.

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a driver who's car burst into flames on a los angeles freeway is alive tonight because of veteran police officer just happened to be passing by on his way to work. miguel marquez tells us the officer had only seconds to make a life or death decision about whether to get involved. >> reporter: hard to tell but that is a black mercedes.

it lost control in a major freeway in los angeles. harder to believe, the man who was driving survived. >> it was just a matter of seconds. another 10, 15 seconds. it just would have been too much fire. >> reporter: seconds to rescue the 72-year-old man who's car burst into flames after smashing into the central divider. >> i reached in there and fumbled a bit more. thank goodness i found that button and popped the belt and grabbed him. and pulled him out. >> reporter: adding to the miracle, don thompson happened to be on his way to work. his shift started early. diving into the flames. pulling the driver to safety. >> i have some singed hair here and own the side. >> reporter: a los angeles firefighter happened to be driving by making the rescue seemless. >> to be able to help to

immediate patient assessment. he happens to be the commander of the dispatch center and call them directly to do so. >> a horrible sent and impromty act of her row irk. >> it makes me feel good to say under you save add life. >> all in a day's work. >> the driver who is recovering is recovering from his injuries. an ancient oak tree that once provided shade will not be cut down at least for now. this is rare film from 1916 of london at his home in glen ellen near helena. researchers checked the tree out and found it could be left standing for of the two to three years.

there was a weather system approaching the bay area. we had hope that it would bring us at least a chance of a few showers. but that's not going to happen. colder temperatures for your friday. that band pushing into the region. thaoáels kheu -- temperatures do trend up a little bit. san francisco downtown mid-50s. san jose at 49. and livermore at last check reporting 50 mostly clear skies. tomorrow increases high clouds here is our dive camera in san francisco. 47-degree and we'll taken lower

60s. this one system moving into northern california bringing us partly to mostly cloudy sky. education p-rblly for the more than identify out of the kwráut a dais. into the weekend high pressure returns this won't will initiate the warming trend for saturday and sunday. that will translate to a few upper 60s and lower 70s out there. the dry weather pattern stays in the forecast. we are seeing a change in the model family particularly for that time frame. for tomorrow. increasing high clouds -fpld if i gradually head to the south by tomorrow evening so basically increasing clouds for tomorrow morning and into the afternoon hours. watch out though if you are he is in fact, that process has a

way of training up all day long. the high search will continue until trillion and friday with sneaker waves. warmest locations in the mid- to upper 50s. but these numbers coming down a little bit from today's readings. oakland 64 degrees. pleasanton at 65. a few 80s and a few low six o zero. pacifica 6:00. always in view aid. ridge them up comment on our facebook page but notes of eel not running. i don't want to into too rejoe. hat, six, we're see. the only holiday bowl game that gives manager back is set to kick off tomorrow in san

francisco. a pep rally was held at union scare to help. my family also founters degree. organizers say they will donate understand weep for e 30. >> speaking of football. one of the good guys in the game. the nfl game is retiring. >> this guy went in super star to second string in just like that it was unbelievable. super guy, he's never played in a single poápb system gown. that arety oshenwa6 he's returned to his matter of law re, meanwhile men.

now namdi will sign a new draft then he will retire as a radar tomorrow. he spent the first eight of his seasons. nominee made eight intersepgs to career my own. wear kwrors -- referees swinging elbow on griffon and ejected green. now today green was fined $1,500 for failure. >> it was a tough division game 689 there's going to be things that happen in the first game when you have teams able to each other each other. made it necessary plays that we needed to come oath to tkpweud. i then shortly after that hi

received a second technical when he got tangled up with the warriors bogut. two srepblgs ladies and gentlemen rate griffin missed the final 10:45 of the game. warriors go on to win by four points. sanford avo: the volkswagen "sign then drive"

sales event is back. which means it's never been easier to get a new 2014 jetta. it gets an impressive 34 highway mpg and comes with no charge scheduled maintenance. and right now you can drive one home for practically just your signature. sign. then drive. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends january 2nd.

visit vwdealer.com today stanford will face the nation's top ranked defense in the new year's day rose bowl but the face of michigan state's defense won't be there. bullock number 40 was suspended for what the school called violation of team rules. they didn't say which rules they violated. but he's a third generation generally stored the games. and mr. freshman tyler boyd. 5yards down for the touchdown

pass. also tonight, utah state upsets northern illinois

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>> today on "tmz" -- >> kevin hart and mr. chow. say if there's a celebrity version of "naked and afraid," would you want to be a contestant? >> it's going to happen. they're definitely going to do a celebrity version. >> can you imagine kate upton or something? that would be awesome. >> not going to the good kate upton level. not going to be anybody want to see. ? abe bogota, naked and afraid! >> we have kevin nash, iconic figure in wrestling.