this start years ago when the taxpayers sued san juan capistrano. a plaintiff says the governor is pushing the state's problems onto the locals. >>> i think the tactic of raising water rates to a very small number of people won't really achieve any meaningful conservation. >> reporter: the governor immediately fired back saying, quote, the practical effect of the court's decision is to put a straitjacket on local governments at a time when maximum flexibility is needed. governor brown says they are now reviewing the court's decision. it is not yet clear how this will affect tiered rate systems at all the water retailers across the state. kiet do, kpix 5. >>> police in redwood city investigating an attempted kidnapping. they say a woman was unloading her car on clinton street about 9:30 last night when a suspect tried to grab her. the suspect got away in a car driven by someone else when the victim yelled. >>> police say a suspect used a fake gun while he targeted teenaged girls walking home alone in school. they ran away and provided descriptions to

this all started year ago when a group of taxpayers sued san juan capistrano. a plaintiff says the governor is pushing the state's problems onto the locals. >>> i think the tactic of raising water rates to a very small number of people won't really achieve any meaningful conservation. >> reporter: the governor immediately fired back saying, quote, the practical effect of the court's decision is to put a straitjacket on local governments at a time when maximum flexibility is needed. governor brown says they are now reviewing the court's decision. it is not yet clear how this will affect tiered rate systems at all the water retailers across the state. kiet do, kpix 5. >>> a financially strapped bay area hospital is closing permanently later today. anne makovec joins us live from san pablo with a discussion of how dmc's closure will affect community. >> reporter: less than an hour left for doctor's medical center in san pablo. it has been open for decades and closes for good at 7 a.m. this closure as i said has been a long time coming. doctors medical center has b

apelaciones consider "inconstituciona l" las nuevas tarifas de agua utilizadas por la ciudad de " san juan capistranon de ahorrar agua, el condado de "orange" est cobrando tarifas mayores para aquellos clientes que se excedan en su consumo... --- si el dictmen de la corte no es u resolucin afectara a otras agencias como las del rea de la baha. lorena ---hacemos nuestra primera pausa en noticiero telemundo 48 a las diez. take vo ---esta maÑana, estudiantes de una universidad en el sur de la baha lanzan una campaÑa para combatir la pobreza, estamos en vivo con el reporte. take vo/juanfra --sale a la luz un video donde un oficial de polica le arrebata el celular a una mujer y lo tira a la basura. take vo / lorena --en mxico, un organismo defensor de los derechos humanos pide al gobierno que realice una investigacin ms amplia sobre los estudiantes desaparecidos en guerrero. desde que el campamento ms grande de indigentes de la nacin... "la jungla"... fue cerrado en san jos ... la ciudad parece estar experimentando un incremento de desamparados en sus calles y establecimientos . lorena --esta maÑana alumn

water agencies say they're willing to strike down a tiered billing sis women the state said san juan capistrano charged people more per gallon once using more than their allotted amount. the water district has a different rate structure and water company is a private company if not affected by the ruling. >> the board of supervisors agreed to explore desalination. the supervisors voted to form a working group to look into it. >> police are on the lookout for a sexual assault suspect. they issued this sketch today of a man in his 30 s, 62, and when she lost balance, he fell on her, running away. the family is saying the that that was not justified. authorities say he he had a knife. and was trying to steal another man's bicycle. they saw the crime and shot him. they said lopez was fleeing from the scene and dropped a knife. we reached police this evening. they told abc7 news they'll launch a new investigation. >> tonight we're hearing from an 8-year-old boy asleep in the back of a stolen car. his family plans to file a complaint against the officers who helped find their son. abc7 news joins us

a taxpayer group filed the case an san juan capistrano charged its higher users four times the price all in the name of conservation. >> think that, um, the tactic of raising water rates to a very small number of people won't really achieve any meaningful conservation. >> reporter: mark kelly, kpix 5. >>> here's a novel idea for the drought. actor william shatner, captain kirk fame, wants to build a pipeline from seattle to california like the alaska oil pipeline. he said, how bad would it be to get a large four foot pipeline above ground because if it leaks you're irrigating? he is launching a $30 billion kickstarter campaign to make it happen. >> that's a big campaign. >> how long would it take to build? >> sounds like a long time. >> the drought is now. it's there, i was at a weather symposium yesterday and learned that in southern california, where now they are finally catching on to the fact that we're in a drought, they actually used more rain -- i mean used more water in the months of february and march than last year at this time. >> oh-oh. >> now they have the campaign going

this started years ago when a group of taxpayers sued the city of san juan capistrano. they say the governor is pushing the state problems to the locals. >> the tactic of raising water rates to a very small number of people will really not achieve any meaningful conservation. >> reporter: the governor said, "the practical effect of the court's decision is to put a straitjacket on local government at a time when maximum flexibility is needed. governor brown says they are now reviewing the court's decision. all this is way too early to tell how it will affect in the long run tiered rate systems across the states. in downtown san jose, kiet do, kpix 5. >> because of the mostly dry winters, fire officials in the bay area are gearing up for an active fire season. a cal fire division chief in santa clara says conditions are as bad or worse than during the extreme drought in 1977. cal fire has already reopened stations and building staff all over the region. it's happening even earlier than last year and well ahead of the normal start of wildfire season which is in june. >>> s

san juan capistrano charged its users four time the normal price all in the name of conservation. >> here's a new solution for the drought tonight. >>> actor william schatner wants to build a pipeline from seattle to california kind of like the alaska oil pipeline. in an interview with yahoo the star trek star said, "how bad would be it to get a large 4- foot pipeline, keep it above ground because if it leaks, you're irrigating? " schatner said he's launching a $30 million kickstarter gain to try and make it happen. read about it on our website www.kpix5.com/drought. >> it's a resourceful plan. >> the fine folks of seattle may say we're conserving, too not sure if we want to give you any, california, but thanks for asking, but it's good to have an idea, right? you're saying there's a chance. >>> let's see what's going on outdoors. we have fog at the golden gate. we have low cloud cover already inland to concord and fairfield, already south to san jose. it will be a very foggy start tomorrow. wide temperature spread, over the course of 45 miles which separate brentwood and daly city i

san juan capistrano is charging customers who use water is unconstitutional. the court ruled the fee plan violates voter-approved proposition 218 that prohibits government agencies from charging more for the service than it costs to provide. as much as 80% of the state uses some form of tiered water rates. governor jerry brown just issued a statement in response. he says the practical effect of the court's decision is to put a straitjacket on local government at a time when maximum flexibility is needed. my policy and continues to be every method possible to ensure water is conserved across california. >> the bay area can expect to go from drought to deluge and should brace for a mega storm. at least that's a warning in a new environmental report. a massive weather system is predicted in the bay area once every 150 years and the last one was nearly 150 years ago. they say silicon valley would be hardest hit but the damage would be severe along the bay. thousands of acres of waterfront land. >> looking at ten days of rainfall, about the moisture equivalent of t

it's in response to a lawsuit filed against san juan capistrano. >> two-thirds of water providers in california use some form of tiered rates system. the governor compared it to putting a straitjacket on local government efforts to conserve. he is now reviewing the court decision. >>> bottom line we all got to cut back everybody. >> eye sneak peek at the bay area's -- a sneak peek at the bay area's massive bash for super bowl 50. >> it will be a truly open inclusive free to the public celebration. >> our first look at the village that will entertain hundreds of thousands of fans. ♪[ music ]♪ >> a man named jed. >> cute. cute kids. in a soccer shoredown with the 49ers, why they say the future of their league is at stake. >> chilly again in san francisco. no surprise. but that chill has spread all the way inland. concord your second chilliest day of the past 50 and it is drizzling in san francisco right now. so when is that sun coming back? the answer in your forecas >>> we got the first look today at plans for a super bowl street party. they are calling it super bowl city. our own ken

yesterday an appeals court found the water rate structure in san juan capistrano was unconstitutional. the city charged customers for using more water. while the court says it violates voter-approved prop 218 which prohibits government agencies from charging more for a service than it costs to provide it. east bay mud, marin municipal water district all tell us they're not affected. they have all tiered rate plan, but the prices are based on the cost of providing water service. the contra costa water service does not have tiered rates and san jose water company is a private company so it is not affected by prop 218. santa clara will consider desal nation to help find a water source during the terrible drought we're in. today the county board of supervisors approved a proposal to explore water-generating technologies. desal nation is effective, but it's extremely expensive and can cause environmental problems and there are at least 15 plant across the state with three already in operation. >>> a lot of folks in the bay area are trying to make a difference in the drought by saving their

water agencies say they're willing to strike down a tiered billing sis women the state said san juan capistrano charged people more per gallon once using more than their allotted amount. the water district has a different rate structure and water company is a private company if not affected by the ruling. >> the board of supervisors agreed to explore desalination. the supervisors voted to form a working group to look into it. >> police are on the lookout for a sexual assault suspect. they issued this sketch today of a man in his 30s, 62, and when she lost balance, he fell on her, running away. the family is saying the that that was not justified. authorities say he he had a knife. and was trying to steal another man's bicycle. they saw the crime and shot him. they said lopez was fleeing from the scene and dropped a knife. we reached police this evening. they told abc7 news they'll launch a new investigation. >> tonight we're hearing from an 8-year-old boy asleep in the back of a stolen car. his family plans to file a complaint against the officers who helped find their son. abc7 news joins us l

lou: an appellate court in california ruled the san juan capistrano's tiered water rates are unconstitutional. the rate system violating proposition 218. it was an initiative overwhelmingly passed back in '96 prohibiting government agencies from charging more than actual cost. as a result, california going back to the drawing board to deal with the drought. joining us two of the best attorneys in the business. lis wiehl and mercedes colwin. good to have you both here. >> good to be here. lou: this proposition, 218. what's it about? why should they tier a system? >> they shouldn't. they shouldn't. lou: isn't it common sense? >> it is, of course because you are the master of common sense of course. but what the thinking is. lou: why, thank you! >> a compliment. very nice. the tiering is because, look, they want to conserve they want to reward people who don't use much water and penalize people who don't use too much water. lou: so far this is not very complicated. trying to save water so you tax what you don't want. >> that's why the court stepped in and said wait a minute you're not treating p

estado consider "inconstitucional" las nuevas tarifas de agua utilizada por la ciudad de " san juan capistranoonservacin del agua, el condado de "orange" est cobrando tarifas mayores aquellos clientes que utilizan ms agua de lo debido.... --- si el dictamen se queda como tal, la resolucin afectara a otras agencias como las del area de la bahia. ===weather open=== fb lucrecia live bug lucrecia amigos tengan todos muy buenos dias y sean cordialmente bienvenidos a noticiero telemundo 48 primera edicion. enseguida les comparto la informacion meteorologica del dia de hoy. como usted ve en su pantalla aqui tenemos las siguientes condiciones climatologicas: durante la manana tenemos: bajas temperaturas y nubosidad. para la tarde subira el termometro, permanecen las nubes. y para la noche esperamos temperaturas en los rangos de: 50's =============== como usted sabe en nuestra area geografica tenemos por lo menos cinco microclimas. hoy las temperaturas maximas en: la bahia norte tenemos: 70 la bahia sur tenemos: 71 la bahia este tenemos: 66 la costa tenemos: 59 los valles tenemos: 70 ================ a

implication for california water conservation xaichbility state court ruled water rate structure in san juan capistrano charging customers using less water is unconstitutional. court ruled the fee plan in the orange county city violates voter approved proposition 218 that prohibits government agency from charming more for a service than it actually cost to provide. as much as 80 percent of the state uses some form of tiered water rate. governor brown just issued a statement in response. he says the practical effect of the court decision is to put a straight jacket on local government at time when maximum flexibility is needed. my policy is and will continue to be employ every method possible to ensure water is conserved across california. that from governor brown. >> san francisco sheriff will be running for rehe wlex a clean criminal record. this morning superior court judge agreed to expunge his misdemeanor conviction related to domestic violence incident in march of 2012 he pleaded guilty to false imprisonment for bruising his wife's arm during new year's eve argument. he filed the request after fin

. >> as many swallows as you want in san juan capistrano? the irony is it's going to rain but every little bit helps, right, christina? >>> yes. sometimes with these thunderstorms we can get appreciable rainfall. hopefully that will be the case throughout the next couple afternoons. a much better opportunity for that over the sierra nevada. i'll show you why. first we need to welcome back scott mcgrew. we missed you! 56 degrees in oakland right now. 57 in san carlos. 62 in half moon bay. this is a picture from high atop mt. hamilton. this is still filled in like a bowl of soup with the low clouds. this is what it looks like on the surface in san jose. mostly cloudy sky. the sun working hard to break through the cloud as we head throughout the day today. that will be the case. limited sunshine for today and temperatures in the low to mid 60s. significantly cooler than where we ended up yesterday. 66 on the peninsula. 68 in the south bay and 71 degrees for the north bay. limited sun tuesday. next couple days changes coming your way. a touch wa

the state appeals court says that sap juan capistrano violent add law by charminging more per gallone they used more than the alopted amount. east bay mud, marin municipal water district and public utility commission has rate struck few but theirs is legal because it cost more to buy the extra water so they can charge more for it. cocoa water district has different rate structure and san jose water company a private company so it is not affected by this ruling. >> santa clare county board of supervisors has agreed to explore desalt the process of removing salt from ocean water. it's generally considered one of the most expensive way of generating drinking water but the supervisor voted unanimously to form a working group to look into it. >> san francisco police are lacking for 2 thieves who broke into 16-year-old car and stole her cello. happened saturday evening when the car was parked in the parking garage near union squaivrment you can see in the video woman rummage through the car while the male accomplice is look out in the get away car. this is pick of the chill o. it is said t

a state appeals court ruled monday that san juan capistrano's multi-tiered water rates are illegal. the pricing structure makes major users pay more, to promote conservation. two-thirds of the state's water districts use similar rate plans. >> woodruff: wall street struggled to make headway today, as major companies turned in a mixed batch of earnings reports. the dow jones industrial average lost 85 points to close back near 17,950. the nasdaq rose 19 and the s- and-p 500 slipped three. and the world's fastest passenger train set a new speed record today in japan. the magnetic-levitation train, or mag-lev, reached 375 miles an hour on a test track near mount fuji. it uses powerful magnets to hover just above the rails. japan aims to build a 250 mile mag lev link between tokyo and osaka. there's already one in shanghai china. still to come on the newshour. dangerous routes for migrants fleeing war and persecution; senate leaders end a standoff over the nominee for attorney general; battling islamic state forces in the sunni heartland of iraq; struggling to raise reading rates in ohi

san juan capistrano is charging a lot more if they use a lot of water.y charge you for cost. this city was not proving that providing excess water for the people usinga i lot of it cost them more. that was thrown out and we will have to see. the bigger question here is that in a time when water is so allegedly scarce, why is it still so rel livatively cheap. people at the bottom only paying about 2.50 for 800 gallons. that is cheap. people are paying a lot more if they use more but the only way to charge more is if they raise the rate for everyone. >> it's an excellent question. i agree it should be more expensive, but water like air is considered a basic human necessity and it's hard to account for. we will be watching. more on that story to come. a major foot food recall in the united states. blue bell creameries issuing a recall for all of the products on the shelves. the recall was ordered after two samples of chocolate chip cookie dough tested positive for lis terria. a partial recall was issued last month for the center for disease control, linking