if i was the mayor, i wouldn't consider to speak to come to occupy oakland. >> you're going to drive off without addressing this? >> muzzled by the movement, not once by twice. oakland mayor, jean kwan, in the national headlines. and squashed by protesters there. and our cameras are there, as we tries to slip out the back door. and hundreds gathered to honor an iraq war veteran. and once again, this is a live

picture where the protesters have started reoccupying and rebuilding a tent city that had been removed by city police. good evening. >> new encampment. new rules. within the past two hours, the city of oakland laid out four ground rules for occupy oakland protesters. the city wants clear communication between both sides. healthy and safe conditions in public. access for city workers in emergency situations. and the biggie, no overnight camping. a rule many are already breaking. cheryl is live in oakland tonight, where the mayor was booed away by hundreds of protesters. >> reporter: it's not listed anywhere in those rules where the protesters have to be nice to jean kwan. well, tonight, they were not nice to her. about 20 minutes ago, mayor kwan was booed, as she tried to approach the podium.

about 50 members of the general assembly booed the mayor into city hall. all of this comes on the heels of tonight's candlelight vigil. >> can you stop the car? >> no. she wanted to address the crowd of the people attending an open candlelight vigil. instead, she slipped out the side doors, hoping to avoid cameras. >> it was be insane on the part of the mayor that she would get a warm welcome in occupy oakland, after the police repression that she ordered on tuesday. >> reporter: she wanted to attend tonight's vigil.

>> to be out, having this democratic engagement we're having here. >> reporter: olson was injured tuesday night, between a battle between protesters and police. olson suffered a fractured skull and bruised brain during the melee. chief surgeon alden parsons said, his condition is improving. >> as soon as we thought he might have any control at all, we controlled that. to the extent that we can control it, he's had optimal care. i will anticipate he will recover, yes. >> reporter: that was good news for the hundreds of occupy movement of supporters who are not losing sight of their mission. now, late tonight, jean quan's staff released this letter.

in the letter it states that she apologizes she wasn't able to address the crowd. she was scheduled to address the crowd at 6:00. but it was canceled. in the letter it says that she wanted to discuss a peaceful protest process. and she also wanted to discuss health and safety. as you can see, the occupiers weren't hearing it tonight. and as you can see, the occupation here in oakland is still going strong. >> it has been a fascinating chain of events in oakland. across the bay, occupy san francisco protesters are celebrating for now. sfpd backed off demonstrators and did not raid their encampment, although they had time to do so last night. things have been relatively calm as they have been for weeks. sfpd is monitoring the situation closely, keeping an eye out for safety and sanitation concerns. there's so many aspects of this

occupy movement, which started about inequality in america, has become a political platform for the upcoming mayoral race. candidates and supervisors are showing up to talk with the protesters. one politic am consultant says this would be a good move for the politicians. >> to look at the advantages of linking arms with people and showing your solidarity. >> one law bans overnight camping. but so far, dozens of protesters have their tents pitched. mayor lee says the city will take things, step by step. >> we'll continue to monitor the situation on both sides of the bay. choked unconscious and left for dead. new lead on the hunt for an attacker. there's a sketch out released in the past few hours. take a good look at this. police say the attacker is a white man, with hair so blonde he almost looks bald.

george is outside of de anza college, where the attack took place. i can only imagine that people are unnerved there tonight. >> reporter: that's a good way to put it. de anza college has been keeping the parking garage lights on. normally they turn those off during the overnight. we've seen campus police monitoring the area. a student was assaulted inside this garage. brittany brown is going to find a different place to park from now on. a fellow de anza college student was allegedly choked in one of the parking garages. >> i'm not going to park in this garage tonight. i'm going to move my car to the main lot. out in the open where it's really bright. >> reporter: a man resembling the one you see in the sketch approached the victim as she was walking on campus and asked for help. when they got to the parking

garage, the suspect grab the woman and began choking her until she was unconscious. this worries many students who walk to their cars alone. >> i feel safe on the campus. but in the parking garage, as you can see, there's no officers around in the parking garage anywhere. >> reporter: detectives say when the students regained consciousness she looked up and saw several people standing over here. she then called 911. >> that's not right. >> reporter: some students say it's hard to trust anyone anymore. >> if someone needs help, i don't know if they really need help or not. they might. but i'm not going to feel like helping them because i don't know if they're going to do something to me. >> reporter: the school sent out a text message, letting them know what happened. brittany brown will be walking with classmates from now on. >> most of my classmates park in the lot where i'm going to park tonight. so, hopefully i'll be safe. >> reporter: here's another look at the composite sketch of the

suspect. at the time of the assault, he was wearing a green sweater with white lettering and blue jeans. if you think you saw him this morning, contact the santa clara county sheriff's office. we're live at de anza college in cupertino tonight. a controversial, new development in the bryan stow case. the injured giants fan is being blamed, in part, for his own beating at dodgers stadium on opening day. a lawyer for mccourt filed a countersuit against the two men who allegedly attacked stow on march 31. mccourt is claiming that the two suspects should be held liable for stow's injuries, not the los angeles dodgers. the suit insinuates that stow should bear some responsibility for the fight. california has no choice. it can no longer afford its government mention. that word from governor brown, as he laid out a sweeping plan

for reform. he wants to raise the retirement age for most future state workers, from 55 years old to 57. and require workers to pay at least half of their cost. he is proposing a hybrid pension system, where benefits are combined with a 401(k)-style plan. brown says this will save $9 million a year. and says it's a fair plan. >> the pension reforms will go a long way toward making our pension system more sustainable and more fair, to the taxpayer and the employee. >> reporter: how big is this problem in california? it depends who you ask. studies show that the state's pension system is between $100 billion and $500 billion in debt. brown's plan would quire arrival from lawmakers and voters. up close and a little too personal. we're hearing from a bay area kayaker who got a little more than he bargained for. >> we really need to go back to

what does it mean to be a public servant? when people speak, are they really listening? >>. a gorgeous day across the bay area. as we continue throughout tonight, it will be about the cold air dropping to the 40s again. and we have details on rain, now in my seven-day forecast.

a wipeout at mavericks made him an international star. and now, a film crew at the iconic big way site is making him legendary. the movie about bay surf legend,

jay mohr yarty. and it shows us that it has some on the peninsula star-struck. >> reporter: hollywood rolls into san mateo for a movie shoot, attracting lots of attention. >> this is the most crowded i've seen 25th avenue for the first time. >> reporter: they wanted to see the shooting of "men and mavericks" up close. a movie about jay and his mentor. he was 22 when he died in a surfing accident. he launched into bigway surfing at mavericks north of half moon bay at 16. a story that she is attractive to. >> it's a local contest and makes me want to see the movie. it will be fun. >> reporter: movie fans had fun catching the stars in action. practicing riding a bike with ramben on the handlebars.

>> i was hoping to see gir regard butler. >> reporter: some businesses closed early. west liquor stayed open late for a shoot that has peninsula buzzing. it's not every day, that people see a truck pulling a trailer, loaded with people and equipment, shooting a surf movie in town. >> you get to see the neighborhoods in the movie. >> reporter: kids watched in wonder, impressed by a big-time production. >> i don't know much about making a movie. >> reporter: star struck fans anxious to see san mateo on the big screen will have to wait. "men and mavericks" is due out next fall. a photograph so amazing, it almost looks fake. a local kayaker gets the surprise of a lifetime. it was taken during a

promotional shoot on monterey bay. you see the whales there and you see the kayaker in the lower right. so close, he said he could  almost touch the majestic mammals. >> you could tell where they were going to come up. i would go right to them. and, oh, it was so great. you know, i was real close to them. one time, i had to duck so the tail didn't hit me. >> got a kick out of him. look at this picture again. it was set up to promote business in the santa cruz area. the photographer noticed the whales next to the kayaker and turned just in the right time to capture the image. uncivil and just rude. it's not how you want to see city council members actling. but that's what we found after spending the last two months going to city council meetings all over the bay area.

see what happens when we confront leaders about their bad behavior. city council meetings are not always known for their excitement. but residents rely on their elected officials to be engaged and present. but look at what we found at a recent city council meeting in san jose. during the open forum, when the public can address city leaders, there's a sea of empty seats around council member, nancy pile. we saw several council members walking out of chambers. even eating and drinking. showed videos to elected officials. and they were unapologetic about their behavior. even when it has nothing to do with city business. >> sometimes, it's as simple as my wife sending me a text message, wanting me to pick something up on the way home. >> reporter: we found him using his cell phone, during a recent ceremony honoring san jose residents. he says he was posting a picture of the ceremony.

>> if i'm on my phone, it's regarding city business. >> reporter: and we heard other explanations, too. >> sometimes the meetings go on very long. and we have to get up and stretch our legs. get a drink of water or use the restroom. >> reporter: this professor isn't buying that excuse. >> that's not something that you should run for elected office. >> reporter: the city of san jose has a code of conduct for public meetings. the rules, no using cell phones or pagers while the meeting's in session. no food, drink or chewing gum. but a council member would like to allow cell phone use. >> i don't keep the public from using their cell phone, as long as they're not talking on the phone. >> for now, the rules don't affect elected officials. >> we can hear what is going on in the back. but if people would spend time in the meetings, i wouldn't

recommend it. but they see the council is very well behaved. >> but in other cities, respect isn't so obvious. from flipping the bird at this august council meeting in pleasant hills, to the more widely-seen hand slap in sausalito. we've seen no shortage of bay area council members behaving badly in the last few months. >> i think it's unacceptable. i think it's important for city council members to step back and really understand that they've been elected by the people to represent the interest for the people. >> and what we did see plenty of questionable behavior, most of the time, things were civil and orderly. including this recent san francisco board of supervisors meeting. which has history of ugly debate. and in this day and age, when

just about everything is caught on camera, experts say the local politicians are forgetting the big picture. >> it's more than being elected. it's more than just quick sound bytes. it's caring about the constituents in our area and wanting to make a difference. >> we contacted the council members shown in that story. they either did not reply to our phone calls or or repeated e-mails. always a critical time in the week. we turn the hump, go into the weekend. and we have halloween on monday, right? >> yeah. jessica's looking at me like, i was thinking about that this morning. the weekend. it's almost here. let's look at the numbers we had today. we got warming after a very cold start this morning, with near record-setting lows here across the bay area. 79 in gilroy. 71 in san francisco. and close to 80 degrees in santa rosa. the current numbers are cool to

cold in the north bay. but not as cold as we had this time last night because of those warmer temperatures we experienced today. 45 in napa. 46 in novato. and temperatures in the upper 40s in santa rosa. we will see isolated 30s in the north bay. but generally, widespread 40s as we head throughout the night with clear and cold conditions. for friday, what we'll find is more dry weather and more sunshine. but look at this. we've added rain back in your seven-day forecast, with much-needed rain coming your way shortly. but for now, no rainfall. clear from the bay area all the way down into southern california. a few high clouds offshore. we have high pressure continuing to deflect any activity in the northwest. so, that will keep it clear for tonight. it will keep it sunny for friday, with temperatures in the 70s as we head throughout our friday forecast. through the weekend, it will stay dry and mild. and a lot of the fog will be pushing away from the coastline. 43 in san rafael.

45 in gilroy. it is cold. not as cold as last night. but some of the coldest weather we have had here in months. since way back on april 9th, when we had temperatures in the low to mid 30s. as we head into tomorrow, upper 70s to 80 degrees. 77 in ever green. 75 in palo alto. and close to 80 towards dublin. for the peninsula, 74 in san mateo. and 71 in san francisco.ncord. and over towards bodega bay, upper 60s with sunny skies in the afternoon. morning time on nbcbayarea.com. and you see our forecast stays dry through halloween. by wednesday of next week, the system gets close. and thursdokby oex ntto a s looks look our nextrm srm on the horizon. more news and sports after this.

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let's bring in jim from our comcast sports desk. that had to be one of the most exciting world series games we've seen. >> stunning what went on. and we have can't-miss highlights on what could be one of the most exciting games in world series history. one out away from crowning a new champion. how a single swing of a bat shifted the momentum of an entire series. [ lisping ] i lost my front tooth the other day,

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good evening. if there is a better reality

show on television than sports, i haven't seen it. if i tried to sell a script of game six of the world series, there would be no takers. too unbelievable. let's see what happens. rangers/cards. with a win, texas would win their first ever world series. bottom of the ninth. rangers leading 7-5. one out away. and tommy feliz and frieze, spanks a grounder to right. game tied at 7-7. top of the tenth. josh hamilton, what a story he has been. and he jacks one. a two-run home run. rangers lead it, 9-7. they go to the bottom of the tenth. now, 9-8, texas. rangers, one out away again. but lance berkman, a single off burlingame high product, scott feldman. game tied at 9-9. david frieze, he did it earlier. this time, straight away center. the homer for the hero.

cards win 10-9. game seven, coming up on friday. >> we never quit trying. guys in the dugout was alive, when we were behind. they beat us. give them credit. they fought tonight. they came back and they won the ball game. so, that's all i had to tell them. we'll bounce back tomorrow. we've been in tough situation before. we always responded. and i expect us to respond tomorrow. if you're an nba fan, there could be a bright light at the end of the tunnel. after a 15-hour meeting wednesday, 7 1/2 meeting today, there could be an 82-game season if a deal is done by monday. 49ers host the browns on sunday. he has never ron for 100 yards

in 4-straight games. he is at three and counting. that's a look at sports. i want to tell you this. i saw the story about the guy in monterey with the whales. what's interesting, i was doing a story in monterey, no lie. take a look. i fell in the water in my story. and when i popped up, can you see that? i'm right there. that's me, popping up out of the water, with those two -- >> is that the kayak center. >> i didn't see the kayaker. i any he was photo shopped in. i agree with raj. >> he was acting suspicious, right? >> there's some funny business. who? the jim or the kayaker? >> i'm on jim'st acur bimk, j t got your back, jim. >> thank y , jim. [ man ] did we get anything good?

sweetie i think you need a little extra fiber in your diet. fiber makes me sad. oh common. i dare you to taste one hint of fiber in fiber one. oh, i'd be able to tell. why don't i just eat this bag? and how can you talk to me about fiber when you are eating a candybar. you enjoy that. i am.

[ male announcer ] fiber beyond recognition. fiber one. a selfless act was awarded with praise and a warm embrace. a woman who saved a truck driver from a fiery crash was honored in san francisco. >> god bless you. you'll always be in my heart. and thank you. >> a lot of tears in the room.

she was honored by city leaders and the man she saved. the 22-year-old received the good samaritan award. she witnessed a big rig crash. she stopped her car and pulled his unconscious body to safety. >> everybody is proud of me. people that don't know me are proud of me. and i'm grateful for that. i'm grateful for my family for coming. everyone. my daughter. and michael, i'm glad he's all i s matasin wcemaon c.>>rn hema's a hero. show