>> moments at the oakland city council. >> officials consider a crackdown on occupy protesters if they try again to block the port. good evening. i'm dan ashley. >> i'm carolyn johnson. city leaders don't want another day of lost business at the port. >> and to make sure it doesn't happen, they are considering asking police to respond more aggressively next time. alan, a lot of shouting tonight. >> pretty crazy dan and carolyn. it will be a late night because the council has just taken this measure up. it appears they are the ones behind the resolution. they are threatening to bypass because of the port. >> these one day -- one-day closures are affecting them at a rate of two and a half working days because of the time required to get caught up on the delivery containers to them. >> they estimate the last occupy protest that shut down the port on december 12th

caused waterfront occupations about $4 million. >> they make more money. >> reacting to the occupy demonstrations caused them about $2.5 million in police over time. >> i have done everything to keep the port open and we kept most of it open yesterday. >> but they believe mayor quan could have done a lot more, and that's why they are trying to use more aggressive measures to prevent a future shut down. >> do we really want to precipitation another -- precipitate another confrontation between the occupy movement? i think not. >> despite lost wages, they represent unions that want better working conditions and they come out against the resolution. >> it is hard to -- it is hard for the rights of freedom of speech and first amendment rights. >> the discussion fell apart when occupy oakland protesters

targeted the free speech of the port of oakland executive director omar benjamin. >> excuse me. excuse me. for people who advocate the right to free speech, you are certainly not giving this man the right of free speech. i i wasn't going to support this resolution. but you just told me where i need to be at. go ahead. >> i asked larry reid if he meant that, and he said yes. y he believes the resolution is broad. but he changed his mind, and he believes he is the swiping vote that will pass this resolution. that's politics. still no decision yet. we'll let you know what happens. reporting live from city hall in oakland. abc7 news. >> thank you, alan. on the eve of the delayed nba season, there is legal

trouble for the golden state warriors. a woman who says she was fired by the team during a lockout is suing guard monte ellis for sexual harassment. she said it started in 2010 and continued through last january. lawyers say she has a graphic photo, evidence, sent from ellis' cell phone. >> after it came to light, the warriors, in our opinion, did not do a thorough investigation if they did anything. and then when she refused to quit and take a bribe, she had her job duties removed. >> the suit accuses the warriors for covering up for ellis. they issued a statement saying it cannot comment because it hasn't seen the papers yet. the season starts on christmas day. pg&e is trying to figure out why shouldnds of 49ers fans sat in the dark at candle

stick. they think they know why it happened the first time. a lot of questions about an embarassment on national television. >> we learned from the city puc that repair work had been done on one of the 12,000-volt power lines at candlestick, but nobody can say when because there are no records, and pg&e says it was not required to keep them. >> the flash of light marked the first power outage. the distribution center feeding candlestick came apart during the point it was suppliesed together during an earlier repair. but they could not tell regulator when's that work was done. >> they indicated that it was probably performed in response to a different outage. probably an emergency repair, and that's why they didn't have records on when it occurred. >> there was a big meeting at the san francisco puc headquarters involving regulators and candlestick. they say it indicated no problems. >> from their perspective, it

is in good working condition and failed. >> when it failed it plunged tens of thousands of fans into the dark. a second back up line kicked in, but that too died in the second quarter. they are trying to find out if the blackout caused the surge that lead to the second one. pg&e said the system seemed to work fine until it reached the candlestick property. they will be examining how its end of the electrical line performed. >> it doesn't appear that there was any fawltd on our end. -- any fault on our end. >> tonight a spokesman for the 49ers say it is too soon to tell if the team lost any money or if fans who left might get a refound. mayor ed leigh was not happy. >> it was an embarassing situation. my apologies to the national football league as well as the 49ersand to the play -- players. >> with regard to the previous repair work, a pg&e spokesman

you says they are not required to keep records making supplieses during emergencies. they are looking at all aspects of the outage including records or lack there of. in the newsroom, johnal stone, abc news. well, this story prompted a discussion on our facebook page, as you can imagine. if you would like to weigh in, go to facebook .com/abc7 news. we would love to hear from you. a carjacker remains on the run after narrowly escaping from police this morning. milpitas police were chasing this man when the bmw he was driving spun out of control near el cajon drive in san jose. that's when they stole a toyota camry and crashed into a parked police motorcycle and sped away. he has not been seen since. >> it is sad to say, but he shouldn't have got past the street. they should have had him then and there. >> brown should be considered armed and dangerous. he is also wanted for a

carjacking in milpitas earlier this month. a seven-year-old boy died from injuries he suffered when he fell off a ski lift near lake tahoe. it happened sunday morning near the sugar bowl see ski -- ski resort. he fell on to a mixture of dirt and snow. he underwent surgery to release pressure on his skull. he was a member of the sugar bowl ski team. state regulators are investigating what happened. a severely wounded soldier received a special medal on the peninsula in honor of all he sacrifices while fighting in afghanistan. lisa amin gulezian has the story from the v.a. hospital in palo alto. >> for wounds received in action on seven august 2011 in afghanistan. >> it was a bittersweet moment for sergeant brian jergin. he lost a lot to gain this purple heart. both legs and a finger were

amputated and his spleen was removed and he suffered severe brain damage after a road side explosion. >> it is an honor, but at the same time you don't want it. >> he got his own purple heart because of what happened that august day. >> i was in the truck with him. it is a big deal to see him come this far from when it first happened. >> he was barely conscious when he arrived at moffett field in september. he was quickly transferred to the palo alto specialized unit for the severe traumatic brain injuries. jergin's wife was with him daily. >> it has been hard. people have it much worse than we do. >> this unit treats 80 to 90 active soldiers every year. and the types of injuries that jergin suffered are unfortunately common in this war. >> they have terrible injuries to their lower extremities. so often times horrible orthopedic injuries traumatic

amputation. >> while the progress is slow, this metal serves a purpose. it is lifting the spirits of a man who thought he lost a war and a wife. she expects her husband will be discharged from this hospital in a month or so the. after that he will be transferred to a full time care facility in california or colorado. lisa amin gulezian, abc7 news. up next, congress rejects a tax cut. and why bioterrorism experts is asking a journal to sensor an article on the bird flu. >> and fedex package delivery that has gone viral. this may be the worst delivery ever caught on camera. >> you are taking a complete stranger and doing what you can to find out about them without them knowing what you are getting at. >> and what is suppose blee the biggest secret santa exchange in history. >> i'm cynthia mcfaden. coming up on "nightline" a

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republicans and democrats are at a stand still once again. earlier today the house rejected the senate approved payroll tax extension bill and asked for negotiations onion. democrats point out that the republican leadership didn't allow a vote on the senate bill. >> when the republicans in the senate, republicans across the country and some republicans in the house support this payroll tax cut, that's why

they didn't give us a chance to vote on the senate bill. they are afraid they would lose. >> i think president obama needs to call on the senate democrats. they should go back into session and move with the conference and sit down and resolve this bill as quickly as possible. >> house republicans want a year extension of the payroll stakz cut. not just 60-days in the senate version. president obama says if the bill isn't passed, 160 million americans can find their taxes going up in just 11 days, costing the average american a thousand dollars a year. -- a year. >> north korea sealed their border with china ahead of kim jong-il's funeral. it is set for a week from tomorrow. they are recognizing kim jong-un as successor. kim jong-il's body is lying in state. there you can see it. north korea announced the leader died of a heart attack. there is a showdown brewing between the u.s.

government and the prestigous journal "science" over a bird flu study. the u.s. bio security experts are concerned research about to be published could be used to make a biological weapon. it details how scientists made a deadly version of avian flu in the lab. they want "science" to sensor the study saying it should not be completed with the complete data and experiment details. a southern california fedex delivery man is probably sorry the internet ever caught on. a surveillance camera shows him hurling a package containing a computer monitor over a fence. it of course was danger damaged -- damaged. the homeowner up loaded the video to up tube -- youtube where it went viral. when they find out which driver is responsible, quote, it won't be his best day. the homeowner says the monitor was shattered. he also says he was home at the time, and all the fedex guy had to do was just ring the bell. >> he must have been having a bad day. an on-line game created by

an alameda man could be the largest secret santa in the world. you sign on to the site and thread secret santa and go to your profile and you are matched up. there are 40,000 participants around the world. >> people send the most amazing gifts, laptops, a cruise, a four-day cruise to the bahamas. a poor college student got a couple thousand dollars in cash. and then lots of gifts that don't cost any money that are just as well appreciated if not month are. >> other folks received toy sharks like this one. there were remote controled helicopters and books. the game counts celebrities including jimmy fallon and pee wee herman as players. >> that's a great idea. and definitely keeping with the meaning of the season. >> let's talk about the weather forecast. >> sandhya patel is here. it has been quite dry. >> it has been unusually dry for december. i will talk about that in a

moment. but that may very well be changing. we may be seeing rain around here before we know it in as little as a week. i want to show you beautiful sunsets. sunsets submitted by jaray to you report. let's show you other ones. there has been quite a bit of a response here. this is from aptos submitted by terry. and as we show you one last one, the after glow submitted by joseph pete. it was a tough call. there was so many coming through. keep them coming. always want to show you the photos when i get a chance. cold tonight. napa and fairfield are down to freezing. 36 in santa rosa. we have upper 30s in places like livermore, concord, and the problem tonight is the fog. look at the fog. it is reducing visibility up to two and a half miles. concord is reporting fog down to five miles. you will run into some of the fog, especially if you travel through that area. areas of dense fog for the

morning commute. cold inland, and we are looking at the winter solsticece taking place at 9:30 p.m. there is a chance of rain coming in a week. we could be needing the umbrellas soon. a dense fog advisory for the delta area from 2:00 a.m. to 8:00 a.m. visibility is a quarter of a mile or less, occasionally near 0. you might want to give yourself a little more time first thing tomorrow morning as you head out the door. there is a spare the air night beginning at midnight and continuing through tomorrow. poor air quality in the north bay. moderate air quality across the rest of the bay area. so definitely seeing the wood burning pollution adding up here in the winter time. and we want to just remind you that it is illegal to burn wood. it is going to be cold though and foggy in spots. 29 in napa. 30 in santa rosa. fairfield down to 32. livermore 33. ante yuke -- antioch, concord, those are our coldest locations. as you look at the big picture, it is a strong

blocking ridge that has prevented rain from getting here. that's why we want to look at a quick piece of cly ma following. you can see what years. 1876 and 1989 were tied as top place for the driest decembers. so far we had .12 of an inch of rain. this could be the second driest december on record if we don't get rain tuesday night into wednesday. the computer models are indicating that it could be getting wet around here. hazy skies tomorrow afternoon and slow to clear and cool 54 in antioch and 56 in fairfield. really a mild day around the bay. low 60s oakland, fremont, san jose, san francisco, 64 degrees in santa rosa and around the monterey bay, a comfortable day with low to mid60s. 60 degrees in monterey. here is your accu-weather seven-day forecast. the seasons are changing. tomorrow night at 9:30, freezing cold nights in honor of winter there. cool to comfortable afternoons. dry for the holiday weekend as you will notice there.

and then we bring in the chance of rain late tuesday night d going into wednesday. so there is still hope that perhaps we will get some snow in the sierra and rain here in the bay area before 2011 ends. >> that would be nice for the skiers. coming up next, the man behind the beard. >> he usually wears a uniform, but this time he has put on a wetsuit to help some children in need.

in san francisco tonight, a rabbi marking the first night of hanukkah lit the menorah in union square. the festival of lights celebrates the he brew people's victory over the greeks in ancient israel. another candle is added to a small bottle of oil eight days during the struggle. they switched uniforms to bring a merry christmas to many children. half in glasses and in the mission district. they handed out gifts to kids in public housing. this is the 30th year the

police department has created a better christmas for the less fortunate. larry beil is here with sports. >> he would make a good santa too. >> in the holiday spirit. the one thing the warriors could not afford was an injury to one of their starts. his ankle again. the latest

good evening. the last thing the warriors

wanted to see was somebody get hurt in a pre-season game. but there was curry rolling his ankle again and helped off the court in sacramento. this is is a nightmare for the owner and gm. he is threading the needle behind the back. everybody is fine right there. kings in transition and ellis deflecting the pass, but right to jj hicks with authority. now for the curry injury. looks like a minor tweak. he had to be helped off. the warriors do not think he was serious. fourth quarter and banging it inside. he had 30 and tied at 89. marcus thorton drills a three ball from the corner. it is 94-91. seconds left and goes to the rookie clay thompson. he was 0 for 7 on three's. warriors open the regular season christmas night against the clippers. andrew luck and the stanford football team are supporting

the fourth ranked cardinal women's basketball team. she was unstopable. here is her sister and cardinal lead it 52-43. and even when the lady vols scored, stanford answers with a quick replay. -- quick reply. the jumper for 42 and the third highest total in history. stanford beats them 97-80. it is their 68th consecutive win. can you win a super bowl with alex smith at quarterback? jim harbaugh believes the answer is yes. he thinks alex is the niner qb of the future. he signed a one-year deal after the lockout ended, so his contract runs out at the end of the season. only 16 touchdown passes. harbaugh thinks smith is