♪ oakland's brand new mayor jumped into business very early on her first full day on the job. >> jean quan is taking aim at the city's $40 millio deficit beginng with a major battle over police officer's pensions. terry mcsweey is there live. >> mayor quan cam down here to police headquarters at 6:00 to be there for the police lineup. she wanted to show her support for public safety. both sides say they're keeping an open mind on the issue but neither side is showing any signs of budging when it comes to police pensions. mayor quan emerged after 90 minutes with officers whose union worked hard to elect do peratta mayor. >> i asked the polic they spent a couple hundred dollars.

>> she made a -- addressed the officers and thanked them for their service. and made a couple statements how she go to oakland and what kind of public service she's involv in. >> quadid not take questions to the rank and file saying it was a meet and greet. she wants police oicers to contribu 19% of their pay to the pension fund. they might do that if staffing levels were returned to pre-layoff levels and agreed to stay that way. >> we have to have fairness here. we can budge on the pensn and thenll of a sudden still be at the same number o officers. not going to help anything. >> i can't decimate the parks and recs and libraries for the union pension. as long as oakland is the city that police officers don't pay into their pension. >> we've be doing a pretty good job with less for a long

time. i think we can be better. this can be a safer city and really it's up to you, the elected officials, to make it that way. >> get ready for more debate on this issue next week. mayor quan is going to be introducin a measure to reopen the negotiations with the police union. live in oakland, terry mcsweeney, abc 7 news. >> thanks a lot. in sacramento governor jerr brown is meeting with local government leaders to talk about the state's budget crisis. today marks the governor's first full day on the job after taking the oath of office in sacramto. his biggest and most immediate challenge, how to deal with an estimated $28 billion budg shortfall. brown is expected to propose a special election to extend temporary hikes on state sales and income taxes as well as vehicle licensi fees. all are due to expire in july. >> the coast guarhas come up with a plan to safely remove thousands of gallons of diesel fuel from a fishing boat that remains grounded near half moon

bay. these escaped unharmed in the search o kellie state beach. the commercial trackg boat had run aground. it was being pounded by waves. the captain admted the crew fell asleep at sea. the surrounding water is safe for now. >> we don't believe at this time it's discharging any fuel. the pollution threat is minimal. there is 2,000 gallons of deal along with engine oil and other such things. >> the owner is required to pay to bring in the salvage crew that will remove the stranded vessel by the coast guard will oversee the entire operation. >> the full host of topics to consider. one of the most pressing issues, choosing an interim mayor when gavin newsom officially becomes the lieutenant governor. he delays his swearing in to january 10th. by then four new board members

will have taken office and knewsome can influence the one he approved of. >> pg&e smart meter prompting to take action. whether to impose a one-year moratorium on the installation of smart meters. jenelle wang joins us from the marin coty civic center with more. >> cheryl the supervisors are meeting at this hour and they are expected to decide today on whether to implement that one-year moratorium on pg&e smart meters in unincorporated parts of marin. it was brought to the supervisors' agenda after dozens complained about the devices sayi they emit high intensity radiation causing health problems for thei families. smart mets are wireless electrical meters that record how much homeowners are using. last week two women were arrested when they tried to block a pg&e contractors' truck trying to install the smart meters.

one of the women and her husband was there to help to say residents shld choose whether smart meters are installed at their homes ornot. >> i choe not to have my sons exposed to smoking. i choose noto have them exposed to pesticides. in my own home i feel i have a choice not to have them exposed to intense and constant emf radiation. >> we've already attempted in two formal letters to the pg&e to ask them to halt th implementation until we have better information about a variety of impacts. >> the west marin community coalition for environmental health, a local grassrts group, says the cpuc should look at wired smart meters which would eliminate the radiation concerns. they have received 2,000 complaints on those smart meters with residents complaining about headaches, and sleep problems.

pg&e says the emissions fall within federal guidines. the one-year moratorium would give them more time to look at the possible impact of those smart meters and that vote is expected to come down in the next couple hou. reporting live in san rafael, jenelle wang, abc 7 news. >> jenelle, thank you. president obama is back at work in washingn d.c. the presidt and first family returned home this morning after a two-we vacation in hawaii. his first piece of busiss will be to sign the first majo overul to the food safety system since the 1930s. the bill gives the federal government new powers over inspections at food processing facilities and stronger punishment for companies whose products ends up tainted. after several outbreaks of e-coli and salmonella in peanuts and eggs. >> she'll be handing over the gavel to republican john bane nor to the new gop congress

convenes tomorrow. the first thing on the gop agenda will be to appeal president obama's landmark healthcare bill. they expect the vote next wednesday. >> they think obama care will ruin the best healthcare system in the country. we believe it will bankrupt our nation. we believe it needs common sense reforms to bring down the cost of health insurance. >> our health reform law created for the first time a patient's bill of rights placing healthcare in hands of patients and doctors, not insurance companies. >> experts say any repeal would almost certain fall or fail in the senate. house republican say if their efforts to repeal the entire law fails, they'll chip away at it a piece at a time. health and human services says it will take away personal freedom and give power back to the insurance companies. >> just ahead, the major department store adding hundds of jobs right here in the bay

area. >> some of the nation's largest insurance compans are suing one of the biggest auto makers. >> o of rehab less than a day and already lindsay lohan is in and already lindsay lohan is in troublwith the law again. were prese want you to >> could sharia law be creeping into everyday american life... hidden inse a sandwich? it's called halal the proper islamic way to prepare food... but there's me to halal than just muslim prayers and religious rial... already widely accepted in fran... it's gaining popularity in britain as well as the united states.. cbn's dale hurd uncovers the hidden dangers of halal foodentering the mainream culture... on the "700 ♪ [ male announcer ] with cable's bundle choices, there's not much to see. with at&t u-verse tv, you can record up to four shows at once

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>> we have breaking news now in the east bay. a pickup truck as you can see is overturned in shallow water. it happened at the toll plaza in hayward. happened about0 minutes ago or so. no word how the driver ended up going off the highway.

we did se paramedi working on the driver on the side of the road there and put him into an ambulance. it appearthey'll take that person to the hospital. traffic slowed on westbound highway 92. abc news has learned th navy has temporarily released a captain of his duties of sexually explicit videos on his aircft carrier. he was the ship's second in command. the videos are filled with profanity, gay slurs and sexually suggested scenes. they were shown t crew members on active duties in war zones as a morale booster. a defense official says they have chosen a commander to replace him on the uss enterprise scheduled to report to the middle ea next month. >> more problems for toyota. seven insurance companies are suing the auto maker in an attempt to cover money paid for crashes they blamon sudden acceleration. the insurers blame the auto

maker for failing to install an override system if the brake and gals were hit simuaneously. >> macy's.com is growing so fast it's adding 270 new jobs over the next two years. 2 200 of those jobs will be in san francisco wherit's based. they are creating a recruiting site where applicants apply for jobs via their mobile phones. it's the largest chain with 850 stores nationwide. >> a hearing is underway in a los angeles courtroom to decide whether michael jackson's docr should stand trial in the pop star's death. they will add evidence they say it will prove th doctor waited 21 minutes to call 9-1-1. he has pleaded not guilty to the involuntary manslaughter charge. they zajac -- say -- he was

already dead at the te he was called. >> lohanas just released from the betty ford yesterday after a 90-day stint. now investigators say she violated sever aspects from her probion from old drug and her drunk driving case with a betty ford employee. don holid land says lohan threw a phone at her and injured her. prosecutors have to determine whether to file new charges that could result in lohan being back in jail. >> mike nicco ahead with the forecast. >> a lotof sunshine but still a little fog hanging on. let's ke a look at sky 7 hd hovering over the bridge looking back towards mount diablo. you see the fog hanging out in the san ramon valley. we'll talk about how that will affect your temperature and how long we have to deal with this frost and fog in the morning. >> 330 million reasons to dream tonight. we all ow the odds of winning

the megamillions jackpot is slim. still ahead we'll look at the theory meant to improve your odds. >> how healthy is your diet? you y be fooling yourself when it comes to yr eating habits.

♪ millions of americans will

have their fingers crossed tonight during the megamillions drawing. it offers a $330illion jackpot,ne of the richest ever. is there anything you can do to improve your minuscule od of winning? abc looks at some interesting strategies. >> with every ticket sold today, there's a dream behind it. >> i'm going to retire. >> by an island. >> wondeul way to start the new year. a millionaire! >> 41 states, the nation's capital and the u.s. virgin islands, they're lined up for a chance at e big money. >> once you start getting into larger numbers, 80 million, 100 million, 300 milon, then you start bringing in a lot of new people, people who haven't played before and that's why these jackpots accelerate. >> some were picking numbers from their birthday. >> my birthday, my wife's, my son's birthday. >> we talked to a mathtician and we asked them what works? do yr odds get worse when the

jackpot grows and more play? the answer is no. the odds are always the same, about 1 in 176 million because they always draw six balls from the same set of numbers. >> tonight's number is -- >> what about the thoug your chances e better if you live outside of big cities? the experts say that one's not true either. new york state leads the way with 23 megamillions winners and more than half came from new york city. >> i hear people tell me they don't buy ticts in atlanta. that they actually drive out of town because they -- it's all one giant computer system. >> wha about quick picks? should you let the computer decide the numbers or pick yr own? >> if yo want to win, choose quick pick >> statistically it don't matter. >> lottery officials say if you're lucky enough to wi the lottery tonight, you should change your phone number and

hire a good accountant. the lottery will hold at least 31% in federal and state tax. >> that's okay! >> really. i coullive on the rest of it. >> i know! >> not exactly a science picking those numbers, mike. >> no, not really. if it was, i wouldn't be here. >> but you are. >> oh, yeah. so i'll give you the forecast for free, how about that. let's show you wh's going on. good luck if youe playing, not that i'm condoning gambling. just says congratulations, and remember me. looking from emeryville back to the golden gate. a little hazy but i looked at the five-day forecast and it looks like we wi stay above the threshold for sean spare the air day. let's ho that does continue here. looking from mount tamalpais back to san francisco. you can see some of the tall are buildings hanging out above the fray of what is left over of this morning's fog. still pretty thick in the central valley. looking at the satellite from 23 miles out.

still pret dense fog but nothing in the way of any moisture out there as we look at live doppler 7 hd. let's look at a couple counties near tracy, stockton, modesto. still visibilities less than a quarter mile and this will continue to at least noon. 41 san rafael where we have thicker fog. the rest inla in the mid to upper 40s. even upper 40s, near 50 half moon bay. we're inhe mid to upper 50s monterey bay but near 50 inland to gilroy and salinas. that fog, any that's out there should fade by noon. we'll have a sunny afternoon. clear tonight but stil frost and fog will develop once again inland. in our extended forecast, we've extended it one more day, kept it dry. no rain in the forecast. for today though because the fog has taken a whe in the east bay valleys, cool, 54 concord. san francisco 2 degre cooler than average. napa and san jose and also redwood city to oakland, near average if not one to two

degrees warmer. sun came up 7:25. it wil set 5:04. south ba everybody 57 to 58 degrees. as far athe peninsula, mid to upper 50s here. mid-50s abeing lo the coast and into downtown and south san francisco. mainly mid 50s throughout the north bay but clear lake a little cooler. cool spot at 49. the east bay shore seeing a little more sunshine, mid to upper 50s but look at the high four quarter -- not high four, the highway 4 quarter where the fog was thickest this morning. low 50s. mid to upper 50s around the monterey and inland. salinas the warm spot at about 60 degree tonight everybody's cold. look at all these 30s everywhere, except san francisco 41. freezing fog in the north bay valleys, black ice again could be problematic for your morning commute. two areas of low pressure moving away. in its wake the high pressure starting to nose in and build over the state. that's why we're having a dry weather patter as the jet

stream will steer all those storms away from us. fog will be thickest and the fog most likely tonight, tomorrow night and friday morning. won't be as prevalent in the weekend forecast but what will be sunshine and dry weather. >> mike, than. >> you bet. >> breaking news now from the supreme court. a court battle over proposition 8, california's ban on same sex marriage. this is from the federal 9th circuit court of appeals. it has just issued a statement requesting the california supreme court hold a hearing to determine whether supporter of the same sex marriage ban have a legal standing to argue on the propositions we have. the question of legal standi as you remember has been rais before because state leaders refused to defend proposition 8 which was overturned by a federal judge last year. instead supporters of the proposition are defending it. the federal case has been complete stopped until the californ supreme court rules on this question of standing. >> right now this story. think you eat

90% of americans say yes but a new study reveals our perception may be way off. a consumer report survey shows only a quarter of us limit fat and sugar, 43% drink a soda or other sugary drink each day. perhaps not surprising then are weight perception is also off. a third who say they're in a healthy weight are actually either overweit or obese. >> good things to think about. >> yeah. more news evolutions on weight loss. >> absolutely. and we'll be right bk.

>> breaking news now in san francisco where police are investigating a shooting involving one of their own officers. it happened around 10:15 near the intersection of 10th and howard streets. investigators say a suspect was shot by an officer. police tell us both the officer and th suspect shot were taken to the hospital. no word right now on their condition. we'll continue to follow the story and bring you more details as we get them on air and onli at abc7news.com. >> today at 3:00 on 7 live, what to do if a dog starts attacking you. plus, making minivans cool. then on abc 7 news at 5:0 the swan is back at the palace of fine arts after vandals killed her sister and she has two new friends thanks to a donor. those stories and more at 5:00. >> before we go, one final look at the weather. might need our new sunglasses for that look.

>> bright with no real rain in the forecast. but something to be concern about, especiall if you live in the north bay in the mornings the grou is so wet it's giving off a lot of moisture and that trapped producg fog. temperates will drop to aroun 30 degrees tonight so that could create black ice. to a lesser exnt it may happen in the east bay valleys. the rest of us don't need to worry about it. >> mike, thank you. >> thas for jning us. >> "who nts to be a millionaire" is coming up next. were prese i want you to >>

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