♪ in the news this thursday morning, a man is found shot to death inside a san francisco apartment. police are saying little about the crime. >> also the state public utilities commission is set today to consider a request to investigate the health effects of pg&e's smart meters. >> the cloudy conditions this morning as we look from downtown san francisco. not as cold as it has been and rain is falling in parts of san francisco. i'll show you where it is and when it will get to the north bay. >> road work to look out for commuting to the south bay. all the details coming up. >> and oakland takes another swing at a new stadium for the a's. the planning commission moves ahead but the team's owner says he wants nothing to do with. good thursday morning.

4:30 a.m.. thanks for joining us. i'm eric thomas. >> good morning. i'm theresa garcia. police are investigating a homicide in the richmond district. officers found a man shot to death inside an apartment building on 23rd avenue. this happened around 9:00 last night. several neighbors had called police to report hearing gunshots in the areas. the victim is between 20 and 30 years old and no word yet on the circumstances surrounding the shooting or information on the suspect. >> prosecutors on the peninsula are charging a bookkeeper with 'em -- for embezzlement. he gave kenneth mccall power of attorney. mccall was supposed to pay all his bills for two years but when the soldier got home he noticed charges in stores like petco and best buy totaling $30,000. >> take advantage of somebody

who you place your trust in and, number two, the reason the person is absent is they're fighting for their country. that strikes me as deplorable on an extra high level. >> most of the these expenses were for the household and the kids. >> mccall's attorney says his clients was authorized to take out loans which he repaid. >> the oakland city planning commission has launched an environmental impact study for an a's ballpark and it's no secret the team's owner wants to move the a's out of town. allen wong has more of the beginnings of a plan that emerged at a packed city hall hearing last night. >> the crowd of mostly hard core a's fans was told to keep any biases private. the commission wanted serious feedback to improve the proposed 39,000 feet stadium.

>> a key with the stadium and those plans should be parallel. >> i followed very closely the project in san francisco with the new ballpark over there. what it's done to that community is astounding. >> but owner lou wolf wants to leave oakland and move the a's to san jose. >> the decision makers about the territory for the ball teams is done by major league baseball. so major league baseball will be the entity making that decision. >> major league baseball favors a site near jack london square. it's bounded by oak street, the lake merritt channel and the embarcadero. the project includes 700 condominiums and 700,000 square feet of office and retail spals but it would displace the fire department training center and 16 long-standing oakland businesses, including east bay restaurant supply. >> we're not sure what it means. we're told we have to move. we don't know where we'd move to. we'd hate to leave the city of

oakland. >> the a's would likely shell out $500 million to build the stadium and oakland would spend $200 million to rebuild streets and utilities. >> we have development in the area as well as provided the team with money-making opportunities. >> the city should not be spending taxpayer money on an environmental impact study until it gets a commitment from major league baseball and the a's. this project, howevers, looks like it's moving forward and the next opportunity to speak publicly will be on december 9th. reporting in oakland, i'm alan wong, abc 7 news. >> time now 4:34. some consumers worried about the possible health effects of pg&e smart meters are expected to attend today's meeting at the state public utilities commission in san francisco.

they hope to halt smart meter installations until public hearings are held on health linkings. a puc administrative law judge halls proposed dismissing the consumer group's petition saying it would fall in the expertise of another agency. pg&e's smart meter program initially came under attack involving accuracy but an independent study found the technology to be fundamentally sound. >> pg&e is offering $25 to customers in san francisco and san mateo counties who conserve on gas this month. they want to turn down the pressure in that pipeline that exresponded. the company wants customers to cut their use of natural gas this month so it can avoid increasing pressure on the pipeline. >> we'll look at customers' bill over the previous three december and average that out and then

we'll look and if you saved any gas we'll send you the $25 prepaid debit card. >> federal investigators are still trying to determine the cause of the deadly san bruno explosion. >> california regulators have approved a pesticide for use by fruit and vegetable growers despite its links to cancer. environmental groups and farm workers have objected to the use of methaliodine. california's 1.6 billion dollar strawberry industry will be one of the biggest markets for the chemical. it will be used in the central valley's nut orchards and fresh flower nurseries in southern california. >> the rail authority set to meet in sacramento and hear staff recommendations starting the project between two tiny towns. they propose the first track be built between board done and

corkland. opponents say it would make more sense to start in a more populated region. the system is supposed to run between san francisco and los angeles. residents who don't want high-speed rails running through their cities have threatened lawsuits. >> bart is giving away free rides. they will pass out one-way tickets to 60,000 riders but listen carefully. each will get two tickets good for the next three weekends. it's to encourage people to use bart for holiday shopping. they will be districted between 6:00 and 9 a.m. at six bart stations. tickets are available on a first come first serve basis and, remember, when you get your tickets, they're good for the next three weekends, not during the commute during the week. don't be confused. >> that's a good incentive. >> it is. see. put the holiday bags on bart,

keep them next to you. >> a mass surge at those six stations this morning. the weather certainly, the temperatures a bit warmer. >> a bit. and the rain still out there heading our way. mike? >> eventually still a low go with this rain but it is going to make its way towards us as we head towards the afternoon hours, especially in the north bay. let's talk about how warm those temperatures are this morning. we have 51 los gatos, the cool spot fairfield at 39 and livermore 38. the rest of us in the low to mid-40s until you get to san francisco and oakland. 49 and 47. compared to 24 hours ago, everybody's warmer from 1 degree in antioch to 14 in santa rosa, 4 san francisco, 6 oakland, 3 mountain view and san jose. you can feel the change when you step outside. 8:00 mainly cloudy with temperatures 40s. by noon mid to upper 50s with light showers starting to break out in the north bay and those -- light rain really more than anything will continue at

4:00 in the afternoon. very light, probably not enough to change plans but you may get a little damp from time to time this afternoon in the north bay. so the rest of us mid to upper 50s with just mostly cloudy conditions. 7-day forecast, scattered light rain is possible friday and saturday. really didn't put it in the forecast too much. the best chance of rain will come in saturday night and into sunday and looks like dry monday and tuesday. here's megan with a look at your traffic. good morning. >> good morning. we have road work that may slow you down if you're getting ready to compute to the south bay. this is 280 right at the 17 overcrossing. no problems heading northbound through the downtown san jose area. there is road work southbound 280. you will find a couple lanes are blocked between winchester and 10th and that will reopen about 5:00 this morning. the 880 overcrossing looking good making your way out of morgan hill and up the

peninsula. but road work southbound between 87 and 880 should be cleared about 5:00. eric, theresa. >> thank you very much. >> it's about 4:40. is a bay area car room being dealt a bad hand. what its management is doing about online videos like this. >> and bumper to bumper, even a minor fender bender can mean a costly repair bill and coming up next we're going to see what the a flight to hawaii using our points from chase sapphire. last minute... on christmas. and sitting next to us, chevy chase. and we really hit it off. we play golf, and then the luau. he's like da vinci with ice. and after, we help hang christmas decorations. wait, wait, wait. you flew last minute... on christmas... with points from chase sapphire? yeah. amazing. believe it.

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you don't love me anymore do you billy? what? i didn't buy this cereal to sweet talk your taste buds it's for my heart health. so i can't have any? if you can deprive me of what can help lower my cholesterol... and live with yourself. right. mmm, i worry about your mother. cry herself to sleep every night over my arteries, but have yourself a bowl. good speech dad. [ whimper ] [ male announcer ] honey nut cheerios tastes great and its whole grain oats can help lower cholesterol. bee happy. bee healthy. >> it's say thursday, 4:42 on the morning news. this is what light traffic looks like in the east bay. this is 680. those headlights you see are coming -- what is that, northbound, taillights southbound. not much going on here now but megan is watching the traffic situation across the bay area. she'll let you know what's going on in a couple minutes.

>> more news. time 4:42. supporters of california's ban on same sex marriage are asking a liberal federal appeals judge to step down from the panel scheduled to review the issue next monday. they're questioning judge reinhard's i am -- i am partiality. he is consider the court's most liberal member. another judge would have to be chosen at random and the hearing on the constitutionality likely would be postponed. >> lucky chances casino is suing to get some videos taken off the internet. they appear to be taken without permission from a security camera above the casino floor. abc 7's amy holyfield has more on the story first reported by our media partners at the san mateo times. >> the first video was posted on youtube.com last december and shows a fight that broke out on the gaming room floor. it's listed as casino fight 333 on youtube.com. the second video appeared a

couple of months ago in september. this one shows security officers grabbing a card player, throwing him out of his chair and to the ground. five officers then stand over him and struggle with him. this one is called casino fight 555. >> whoa, damn! >> we showed the video to some of the casino customers. they didn't like what they say. >> scary a little bit when things happen like that. >> but everyone agreed the fights wouldn't keep them from coming here. >> there's been a couple fights here before. but, i mean, there's fights at the ball game. am i not going to see the giants game because there's a fight, whatever. >> the casino is worried about business and has filed a lawsuit against the people who posted the video saying the video gives a false impression the card room is disorderly and unsafe. >> i've been here 11 years. it's a nice place to be. no matter where you go, you're gonna have people argue here and

there. >> the lawsuit demands the defendants take the videos off the internet and pay lucky chances casino some money but the lawsuit refers to the defendants as john does. the casino don't know their names. they're not listed on youtube.com. amy holyfield. >> coming up, life as we don't know it. nasa creates an internet frenzy about california's monna lake. >> an online version of the do not call list to stop marketers from tracking your every digital move. >> also the latest crash tests will give you something new to think about when you buy your next car and truck. why you may want to measure your bumper. >> the matchup getting nationwide attention. why 20,000 fans maying booing

welcome back. time for your travel forecast. let's look at the high temperatures. especially the coldest ones in

the upper mid-west. fargo 12 today, minneapolis 20. the warm spot phoenix at 75. flight delays, we have some in baltimore but that's about it. we have some snow going through st. louis and rain around portland and seattle. potential delays there and we will have them at our flight tracker at abc7news.com and so can you. here's eric. >> thank you very much. it's 4:48. the senate armed services committee will hold the first day of hearings today about refeeling the military's "don't ask, don't tell" policy. earlier this week the pentagon released a study that said most troops don't think there would be much impact if gay or lesbian members served openly. robert gates will testify today in support of repeal along with admiral mike mullin, the chairman of the join chiefs of staff. opponents will testify tomorrow. >> when cars and s.u.v.'s bump

into each other, the driver should be prepared for a financial hit. the test was conducted at 10 mph. damage costs range from $850 to $6,000. that was when this toyota corolla hit the rav 4. that's because the bumpers aren't regulated. the institute is trying to get federal transportation officials to treat s.u.v.'s more like cars and less like light trucks. >> the cleveland arena tonight when former lebron james returns to play for the first time wearing a miami heat uniform. there's a lot of animosity when he left for miami. a preview. >> in cleveland, they were the worst that turned the king into an outlaw. >> take my chance at south beach.

>> that proclamation in july set the stage for tonight's bitter homecoming when lebron's new team, the miami heat, in their first visit of the season to his old team the cleveland cavaliers. >> very emotional, draining. i can tell already for myself. >> save lebron fled blue collar cleveland for the glitz and glamour of miami, dan gilbert was furious at the basketball prodigy who grew up nearby. >> i didn't take it personal. i just said, wow! i know people are going to be really mad after that decision. >> the two-time mvp tried to remake his image. with all the lofty expectations, miami is finding the road bumpy, barely playing 500 ball. even the first fan has chimed in. >> no matter how good a group of

players, if they haven't played together before they are not going to be as good as a team that played together a long time. >> sounds like politics. >> lebron will see what awaits him tonight. >> my first thought is he's going to be booed heavily. i don't think it will be a lovely reception. >> but it will be a pricey one. new york. >> he's still identified with that region, coming from akron and being the home-town kid done good and then south florida. >> you can understand the anger. it will feel a little hot there in cleveland tonight. >> i think so. the boos rain down on him. >> inside hot, outside maybe another story. >> absolutely. crescent city and eureka, it may move down into the north bay by the afternoon hours but very light. most of us will be cloudy like we're dealing with this morning and temperatures closer to average this afternoon. looking for ballmer peak back towards san francisco in the

background. you can see emeryville in the foreground. and notice how much cleaner the air is this morning. we do not have a spare the air day. let's take a look at those temperatures. you can see the coolest in fairfield at 39. los gatos the warmest at 51. rest of us the 40s until livermore 38. also temperatures running from 1 to 14 degrees warmer than yesterday. about 33 gilroy. so we'll have afternoon light rain in the north bay for today. scattered light rain for all of us friday and saturday which means it's going to be cloudy. may drop a few sprinkles. the heaviest of the showers move in saturday and into sunday. that's where we'll get widespread rain and much heavier than what we're dealing with the next 24 to 48 hours. a few more 60s like milpitas, san jose, 61. everybody else at 59. here on the peninsula we'll have

temperatures under a mostly cloudy sky in the upper 50s. mid to upper along the coast. you can see mostly cloudy here. also the rain could make it as far south bodega bay, santa cruz, calistoga and scattered lighter rains to the san pablo bay. north bay temperatures low to mid-50s. east bay shore mostly cloudy. mid to upper 50s. we'll have 58 castro valley, union city. fremont the warm spot, 59. over into the east bay valleys, mostly cloudy. a sprinkle possible as you head up towards highway 4 from concord out towards antioch. i think for the most part it will be dry. notice how much more sunshine and temperatures warmer. around the state, the snow does make it into the sierra, 46. lake level at tahoe. the warmest weather continues to be in southern california. mid-70s for l.a. and palm springs. you can see the cloud cover as temperatures once again in the 40s except fairfield and morgan

hill in the upper 30s and san francisco about 50. having trouble getting this front to move any farther to the south due to the blocking areas of high pressure. so when we look at the forecast last night, you see the clouds thicken, rain stays to the north all the way through about noon and then maybe light rain developing in the north bay by 5:00. that will dissipate leaving us with cloudy conditions for friday and mainly into saturday. again a light rain is possible and the better chance on sunday. looks like it will be dry monday and tuesday before another chance on wednesday. have a great day. megan with the east bay. >> it's pretty quiet out there. no major problem spots. start with a live look at interest state 80. this is berkeley and these headlights are moving eastbound. the drive time from the carquinez bridge to the maze just a light 19 minutes. once you do reach the bay bridge toll plaza, you'll find no problems making your way through the tolls and heading into san francisco.

let's get a check of other bridges. the san mateo bridge, traffic moving nicely. headlights moving eastbound into hayward. taking mass transit this morning, no delays. everything running on schedule, ace, muni, bart and ferries. for the latest go to our website. it's abc7news.com. just click on the traffic link under abc 7 extras. theresa. >> megan, thank you. has nasa made a break-through in the search for extra tress tral life. that's the buzz as they wait for a scheduled nasa announcement to discuss an astro biology finding that will impact the extra tress tral life. researchers will unveil the discovery of a microbe at the bottom of a lake in yosemite national park. this is rich in arsenic, thought to be too poisonous to survive. it uses the arsenic as a way of surviving raising the prospect

that similar life could exist on other planets. >> federal trade commission is considering a way to prevent marketers from tracking you on the internet or cellphone. it would be similar to the do not call registry for telemarketers. they often play a digital code called a cookie can that keep track of the websites you visit and the links you click on. they can follow activities on the smart phone by the apps you use. the gps devices that are now part of many phones. >> it bothers me because, you know, a lot of the stuff is my own business. it's not a bunch of other people's business. >> you go on internet and of course you'll get your cookies. there's trackers, all these things that follow you around. it's like where does the line draw? >> a final decision on the do not track list would be up to congress. >> okay. anyone out there with even just the small love handles around the waist may not want to get

too comfortable. even lugging a little extra weight can be risky. it found healthy white adults overweight were slightly more likely to die a premature death during the study than those whose weight was in the ideal rang. the study is in the new england journal of medicine. >> next at 5 a.m. the big changes coming to school lunches across the country. >> i'm terry mcsweeney live at the bay bridge toll plaza. you know what some commuters got after waiting two hours to come through here only to be told they can't go across the bridge. you know what they got? they got a fine. i'll tell you about it in a live report. >> and the sketches that oakland police hope will lead them to the suspect in