right now at 11:00, three days and counting. the family of jahi mcmath moves to keep their daughter on a ventilator. what their attorney said this morning. plus, ac transit workers cast their ballots in hopes of avoiding a strike that would leave thousands without a ride. >> and an about-face. target says thieves did get millions of its customers' pin numbers. why officials still say not to worry. good morning. thanks for joining us. i'm laura garcia cannon in for peggy bunker. >> i'm terry mcsweeney. the clock is ticking for the family of jahi mcmath. before time runs out, jahi's family wants to move her to a new long-term care facility, but even that is not going smoothly.

nbc bay area chase cain joins us live from children's hospital oakland, and, chase, you just talked with the family's attorney. >> reporter: i sure did. first, we want to actually just let you listen in live to omari steely, the uncle of jahi mcmath. he is talking about what the family is going to do next. >> absolutely. >> what are your thoughts about -- >> hypocrites. i mean, just like you said, in court they said they had absolutely no problem if everyone goes back and checks the videotapes, you'll see that. that in the courtroom they said, yeah, no problem. if they want to move her, we're not going to stabbed in the way of that. okay. well, we found a place that's willing to take her, but, yet, you're willing to stand in our way. >> the place -- in her condition and all the determinations made by the -- >> absolutely. we're not hiding anything. it's national muse. it's world news. everyone knows the condition of her.

>> the hospital said that the judge ordered them to keep everything at status quo, so if anything has to change, it has to be a judge that tells them to change something, whether it's a transfer or a change in her treatment. what do you -- what's your position on that? >> well, if that's what it is, then we'll be back in court. >> if you listen to omari saying they're willing to go to court or willing to -- to move out of oakland's hospital. first let's look at the back story over what's been happening over the last 24 hours. >> because despite whatever roadblocks children's will put in the way, we are hell bent on trying to eep this child alive. >> reporter: the attorney for jahi mcmath's family says time is limited. the judge has ordered keeping the 13-year-old on a ventilator ends at 5:00 p.m. monday, but before that happens, jahi's family wants her in a new facility. >> we found out that someone is willing to take jahi away from children's hospital to a facility nearby here in the bay area to treat her, give her

an -- nutrition and give her a fighting chance. >> even that won't happen easily. the eighth grader needs surgery to insert a feeding tube before she can be mooufld, and children's hospital refuses to do it. the hospital continues to stand on a judge's ruling earlier this week that jahi mcmath is legally dead. >> the judge did not authorize or order any surgical procedure or transfer to another facility. children's hospital does not believe performing surgical procedures on the body of a deceased person is an appropriate medical practice. >> reporter: i did talk to the family's attorney just a little while ago, and hes that, again, they are willing to do whatever they have to do. he says he has members of his staff working to draft documents to file in court today if necessary because they are willing to go back in front of a judge and make sure that jahi is moved out of oakland children's hospital. for right now the family is not saying where they're going to move her. they say they're still trying to work out details, and they certainly don't want that process to be any more difficult

than it already is, and, again, we're hearing from omari sealy, jahi's uncle right now, and we'll bring you more at 5:00 and 6:00. for now we are live outside children's hospital. chase cain, nbc bay area news. >> thank you, chase. new at 11:00 a federal judge has ruled that the nsa did not break the law when it collected millions of americans' telephone records. is judge william pawley said the mass collection of phone data significantly increases the nsa's ability to detect terrorism. his decision contrasts with the ruling earlier this month where judge richard leon granted an injunction against collecting phone records of two men who had challenged the program saying the program likely violates the u.s. constitution's ban on unreasonable search. >> also new this morning, target says customers encrypted bin data was taken during the massive data breach. target had admitted encrypted data was stolen and stopped short of saying pin numbers were taken. in a statement issued a few

hours ago target says additional forensic work shows pin numbers were taken, but that the numbers are safe because the information is strongly encrypted and can only be decrypted when authorized. happening right now, ac transit union workers are voting to approve or reject definitive contracts. got to look at the ac transit union headquarters. it's quiet outside. members of the union have all day today to vote on the tentative deal that is was reached with ac transit last friday. they have been negotiating since march and already voted down two previous deals. union members threatened to strike in october, but governor jerry brown issued a 0-day cooling off period, and that expired last sunday night. polling stations will be open all day. a follow-up to a story we first brought you yesterday morning. a suspect wanted in connection with a killing in gilroy is in jail this morning. police arrested 21-year-old ernesto rodriguez yesterday morning. police say they found him near the crime scene on kelton drive. authorities say the female victim was found dead inside his

family's apartment christmas day and police say the victim had a restraining order against rodriguez. new details this morning in lebanon where hours ago the body of a former ambassador to the united states was transported to a hospital in beirut. the 62-year-old was killed earlier today along with five others after his convoy was targeted by a bomb in central business district of beirut. the blast injured more than 70 people. the taliban has claimed responsibility for a suicide car bombing in the afghan capital today that killed three nato service members. six other people were hurt. nato has not released a service member's identity, but says they were attacked while traveling in a convoy in eastern kabul. sgrimplgts happening today in a little less than an hour, connecticut state police will release their full report on the sandy hook elementary school massacre. prosecutors put out a summary of the investigation last month.

the first anniversary of the mass shooting that killed -- they are about to disappear. the benefits averaging $300 a week have given millions of americans who were unable to work a bit of a cushion. they're an extension of long-term benefits that failed to make its way into the bunl. in january senators will vote on a bill that would extend the benefit for three months. many republicans have already promised to oppose it. >> people think we need two years of unemployment insurance, they should come forward and say we want to raise the taxes and and employers. >> 55% of americans want congress to extend the benefits. 33% do not. after what became an all-day hearing the future of san francisco city college and the 80,000 students enrolled there now in the hands of a san francisco judge. supporters of the college filled the hallways of the san francisco superior court

yesterday after the accrediting commission wanted to pull the city college's accreditation next year. they wanted pull it on july 1st due to extensive financial problems. attorneys representing the teachers union and san francisco asked a judge to stop that process until trial can be held, saying the threat of that loss has already devastated the college's enrollment. >> if this accreditation continues, more students are going to leave. we'll see a drop in finances for the college. >> if the accreditation is pulled, the school will likely be forced to shut down. no word on when the judge will make a final ruling, but lawyers for the accreditation commission say the injunction is unnecessary because the college is already appealing the decision. even though their packages are starting to arrive, people across the country are not happy with ups and fedex. today ups expects to finally clear its backlog of late christmas packages, but the damage might already be done. here's nbc's jose gutierrez.

>> hello. >> reporter: for many ups customers christmas has finally arrived. >> yeah. we got the package. >> it was almost 9:00 last night when this family got the delivery they had been waiting for. a christmas gift. >> merry christmas. >> for their 15-year-old son. >> i bought the item on december 16th, so i felt sure that i would receive it in time. >> across the country more small victories. better late than never. some deciding to pick up their late presents at shipping centers. >> ups has apologized repeatedly, but the company won't say how many packages are still delayed. only assuring customers that it's making every effort to get packages to their destination as quickly as possible. fedex, meanwhile, is now downplaying its delays, calling them isolated incidents. >> they should have recognized that this year on-line was going to get a disproportionate growth

and surge in the last two weeks of the holiday. >> angry customers are still bashing ups on social media. one writing, "i will never use ups again. never." others identifying themselves as employees are defending the company. i know that all of us worked our tails off. drivers working 14 to 16 hour days. >> i'm upset. i guess in a way it tells me i need to maybe start shopping a little earlier. >> still ahead,hnyo 9=] contin to cover frozen cities across several states. now some leaving their homes looking for warmth. coming up, we're going to take a look at how some -- how long they'll have to wait for the heat to come back on. kindness continues. what started as a kind christmas gesture at a starbucks drive-through may go into the new year. our temperatures are staying nice and warm. meanwhile, our air quality is set to improve. really good news. our fifth consecutive spare the air day.

i'll let you know what's going to clear our air quality out and what you can expect for the final weekend of 2013. your full forecast when nbc bay area news at 11:00 comes right back.

sxwlirchlgts crime fighters are still on the scene of a fire in baltimore. the fire started early this morning at united methodist chur church. >> because it's a church fire, the police and fire investigative unit will be working on determining the origin. a sur, synagogue, a mosque, fires are always investigated with higher level of seriousness. >> it took more than 100 firefighters several hours just to get control of that fire. no injuries have been reported.

>> a driver crash the his mercedes to the concrete divider at sherman observation. thick clouds of smoke were in the sky. help, but it was a member of lapd's bomb squad headed into work who dove in and pulled that man out. >> you know you have to do something to save someone's life or you'll watch someone burn to death alive, and you have to do what you have to do. >> ironically, the officer spotted the accident while headed many for an early shift at work. a shift he never worked since he had to be treated for minor burns. he got while rescuing that man. the driver was also treated for minor injuries and then was arrested on suspicion of dui. right now crews are working to slowly restore power to thousands of homes after an ice storm swept through the

northeast. nbc's kevin tibbles has the leas. many families are leaving home and seeking warmth in shelters like this one. >> it is a little frustrating, but it's definitely a lot better than being at home. >> reporter: for those who chose to stay home, safety is a real concern as people try to keep warm at any cost. >> carbon monoxide is something we are always so afraid of with these events. >> reporter: lynette miller says to only use emergency generators outside away from doors and windows. >> after six days without power and heat, the temperature inside the danzinger home is a frigid 44 degrees. on christmas morning they lit a fire to keep warm. >> we just all were in our coats

opening christmas gifts and just trying to make it the same that we do every year. >> but this year was different. the family shuttled between home and a hotel. they checked in to a few days ago for warmth. >> it's been a nontraditional christmas, for sure. >> reporter: with the holidays come and gone, the family drives back and forth hoping they'll pull up to a home with power. >> it's a little frustrating and a little disheartening to come back. nope, not us. >> reporter: for crew from michigan to maine working in hopes of getting people back into their homes. some may have to wait until saturday for the lights to come back on. >> a lot tougher than i am. that was nbc's kevin tibbles reporting. today is yet another spare the air day. it's the fifth in a row. the 20th so far this winter season. that's compared to just ten winter spare the air days all of last year. most of the bay area has unhealthy air quality above the state and federal standards for

particulate matter. it's often worse in san jose because polluted air gets trapped in the valley bowl. doctors suggest you stay indoors and carpool when you can. it seems like a lot of people are on holiday this week, so we haven't seen that much traffic out there. >> nothing last forever, including this bad air. let's go to the good news gal. christina loren. >> happy to be her. happy to be she. today temperatures are mroog good out there right now. we're in the 50s and 60s. that is the only wrench in our perfect california forecast. temperatures are going to be comfortable again today. mid 60s. perfect for your outdoor plans. not too hot. not too cold out there. santa cruz is climbing to a comfortable 63 degrees right now. if are you going to be headed to the beach, it's nice and warm out there. i do want to point out rough seas for today. watching for rip currents, high surf, and sneaker waves. 64 to 69 degrees out there. beautiful conditions. we do have clouds increasing throughout the day. that will be the story.

you can see for most of your sky cams here mostly clear conditions. highs that are going to end up in the mid to upper 60s. a good-looking day shaping up for the entire bay area. this is what we are expecting. this is your next weather maker. good news for most people. so we stop the clock for you right now. you can see the front is still to our north. as we head throughout the next few hours, mostly cloudy conditions over the greater bay area. then once the front comes through, tomorrow morning we'll see enough atmosphere of mixing to wake up with better air quality. we should be in the moderate change as we head through both saturday, sunday, and all the way through monday it's looking pretty good. this is what you can expect. clouds increase tonight. as we get into your saturday, patchy a.m. fog with on shore flow returning. we'll see better air quality out of it, and then by sunday mild, looking good for any travellers, maybe a family member trying to get back home. looking pretty good across the entire nation. we're taking you to 2014 on your seven-day forecast. it's at the bottom of your screen. remember, you can always find your seven-day scrolling there at the bottom throughout all my weather reports. hey, i'm looking forward to the

final weekend of the year. how about you two? >> do you have big plans? >> no. >> and you? you and the triplets going out somewhere? >> i don't know. you never know with them. well, christmas may be over, but the spirit of giving is alive at a starbucks in connecticut. >> i love this idea. more than 700 customers have continued to pay it forward since christmas eve and the holiday trend is now not even slowing down. >> do you need a receipt for that? >> caller: instead of santa, an upbeat barrista helping others pay it forward. >> 680 cars in a row to help pay it forward. >> reporter: since the morning of christmas eve, hundreds of customers at starbucks at the turnpike have rolled out to this drive-through window cash in hand. only to find the person ahead of them has already bought their coffee for them. >> i just think it's cool that total strangers are willing to say, hey, i'm going to pay for the car behind me.

>> and done in jonathan park are visiting from out of town. they got a nice welcome to connecticut. >> i think it shows that people do care and love for one another, and in a simple act, it's pretty marvelous. >> reporter: a random act of kindness started when one customer unexpectedly paid for the next person in line. now a mooumt of generosity and good cheer. >> it's a nice thing to do. you know, feels good to get a coffee and help out people as well. >> reporter: it may be a recordbreaking pay it forward. drive-through movement. the number of customers participating tops 700. starbucks says it will keep the chain up as long as customers wish to participate. insuring the holiday spirit will live on past the holidays. >> i think it's just a great testimony that a little thing can change someone's day. >> do something nice for somebody. absolutely. if it's here, fine. if it's somewhere else, just do something myself for somebody. it will come back to you. >> as of closing last night, the starbucks says a total of 656 customers have paid it forward.

>> still to come, what makes this year's fight hunger bowl historic. >> plus, easing a little traffic.

for the nifrt a college bowl game, there will be two fwee mail referee on that field. the washington ruskies taking on the byu cougars at at&t, and for every ticket sold, one meal will be donated to those in need. this is also the last year the bowl game will be held at at&t. next year it's moving to the new levi stadium in santa clara. kickoff tonight 6:30. tickets start at $25, and you can purchase them on-line at fight hunger bowl.com. it's the latest installment

of a san francisco tradition. right now macy's holiday window display is still filled with adoptable animals through the new year. you can stop by macy's windows until 1y57 5th to find a new little member of your family, or maybe two. you can also see the cats and dogs on-line. more than 280 animals have already been adopted, and the display has raised about $60,000 for the sbca. as can you imagine, the window always attracts quite a crowd. >> people's reactions are priceless. everybody has a different one, you know? everybody loves cats, so they get to excited. especially the little kids that come and just the miles on people's faces. it's wonderful. >> adoption fees range from $125 for kittens to $250 for puppies. discounts are available for those adopting more than one animal. got to decide. >> yes. it's a concept straight off the silver screen. robot cops. next.

>> here's something you don't see on the roadbuñ every day. robots now being helped to ease traffic in the democratic republic of cooko. >> the massive robot set in the cameras to record the traffic flow. that's weird. the information is then sent to a center where traffic infractions can be analyzed. their version of the traffic cam.  even sport the same sunglasses worn by some of the officers in the capital. made from aluminum and stainless steel and powered by solar panels. >> that's kind of interesting. >> i think green still means go and red means stop. >> i think so too. pretty soon they'll be holding the sign and twirling out. >> yeah. we have some development somewhere. well, we're going to go enjoy the weekend. thanks for joining us. our next newscast is at 5:00 tonight. >> you can always get the latest information all day at nbc bay area.com. have a great day.

why is there hair everywhere? did you shave in the kitchen? the water in here is softer. look at this ski-jumping idiot, bode miller. what kind of a fruity name is bode? that cereal has the olympics on it? it must be eight months old. when you and me have kids, we're gonna give them good names, like shannon or rick. when we what? when we have kids, dummy. come on. yeah, i gotta go. uh... are you gonna be home later? i gotta talk to you about something. i'll be right here. look at this maze. it's so easy. you have to go in here, and out there. be home early, okay? come here, sweetheart. oh, dennis. i just did my hair. oh, that's my girl. there you go. bye. now make sure you drink plenty of fluids, and get something to eat. don't do anything strenuous tonight.