Gives his group the right. They can be offended if they want. But we have rights just like everyone else. Christmas in the park organizers agree. Everybody has aright to voice voice their believes in our we dont necessarily concur with the believes in all cases. But were here to provide a Community Event thats free and open to the public. Event organizers say that the displays are inclusionary, pointing to other trees next to the controversy the one sponsored by different religions. This family points to the tree by the Atheist Community of san jose which they call appropriate. But as long as the tree by the satanic temple is up, the family says they will avoid this area of the park. Several people are have been stopping by asking where in tree is located. Its creating quite a stir. Live in downtown san jose, damian true owe nbc bay area news. Thank you damian. Well fight over one of San Franciscos most exclusive streets is before the board of supervisors this evening. On one side multimillion air home owners who forgot to pay the taxes on private street and on the other side a san jose couple who bought the street at a tax sale auction zblp Mark Matthews is outside city hall has the board picked a side yet. Well theyre still deliberating. We are just now looking at some of the votes. Supervisor mark ferrell who has the district that has the presid owe terrace street in it, he is asking to rescind the sale of that street and he is asking the other supervisors to join him. So far one supervisor Hillary Ronan has said no we are waiting for the others. As you know this story about in street in San Francisco is Getting National attention it is arguably the fansiest stroo the most exclusive part of the neighborhood. Some of the 35 homes on the terrace are not owned i just multimillion aires which billionaires who were shocked to find out that for decades the 14 a year tax on the private street went unpaid because the bills were being sent to this Downtown Office to an accountant who had moved away 30 years ago. So the street and the sidewalks and the Public Gardens were put up for sale at a public auction. The Tax Collectors Office says it did everything right. But a spokesman for the home owners believed the Tax Collector needed to do a better job of notifying the home owners before the sale. Under the constitution no one can be dprifd of life liberty or property without due process of law. So the burden of Tax Collector is different from the burden of property taker. Michael cheng and his partner paid 90,000 for the terrace. They tour the new property the first time this year even though bought it at auction back in 2015. They had waited a full year until they thought the statute of limitations to objections had run out. When we were here about two and a half years out we certainly didnt expect to be brought up. Actually im outraged that we need to be the ownership of my property has to be died by the attorney. But it should be black and white. Its mine now. Well, the very latest that we have heard is that they have voted 74 no, which i believe means that they have voted not to rescind the sale. Now were waiting for confirmation on that. This is just the very latest results that have come in on my phone. My colleague jean el y is up in the chambers she will let us know what the vote is we will get it back to you before the end of the newscasts and she will reaction tonight at 11 00. Reporting from San Francisco, Mark Matthews, nbc bay area news. Interesting debate. Hang tight question will check back in. Beautiful fall weather now as we head to a toward december. The ended of the week we change months. But we have a warning along the coastline dangerous surf in the next 24 hours. Our chief meteorologist jeff joins us now with more on whats happening outside, jeff. We know this time of the year its pretty rare for people to head to the beach and go into the water. But we want you to be alert in case you are planning a trip to the beaches. Waves are kicking up anywhere between 7 to 8 feet. But its getting higher than that. The main reason why we have strong storms in the pacific. Theyre not producing any rainfall for us but its stirring up the seas 25 to 30 foot seas out here with the storms. As we look koser you can see the computer is predicting wave heights in this orange color which correlates the key of 15 to 20 foot swells possible. So, please, remember if youre headed out to the beaches tomorrow thats the day with the high surf you got to stay out of the water. Dont turnio your back to the water because there are sneaker waves and rip current possible. Large as well as occur every 18 seconds. Chances the track of rain and details later. Thank you, jeff. It has been a week since closing arguments wrapped up in the kate steinle murder trial and still no verdict. What does that mean for the prospect of a conviction or an acquittal in this very highprofile emotions case. Sam brock has been in court every day. He joins us live from the hall justice. In truth jurors have really only had two full days to weigh all the evidence. Reporter thats exactly right. We know there were half days the first two before the holidays. But officially jessica this is day four of jury deliberations. They spent some 18 hours so far considering the charges. And you absolutely get the impression that the stake holders involved here believe a verdict could be soon. As for what happened today, pretty much a similar pattern to what we saw yesterday. Defense attorneys, the prosecution attorneys, shuttling around the hallway periodically going in the courtroom and extended period of time with all the lawyers in court typically indicates that there were more questions today from the jurors. Perhaps more review of testimony as well. And as you brought up, the length of time begs an important question here. Is there a coralation twaen oh how long a jury deliberates and what the outcome of a trial is in here is uc hasting law professorer on that question. Lots of lawyers have theories about what it means when a jury takes a long time to deliberate. But science has not found any coralation between the outcome of trials and how long it took the jury to reach that outcome. It just means that there are difficult questions here and its taking the jury a long time to make up their minds. As for the difficult questions she referred to they likely hinge on the issue of intent. Jose zarate is face ago murder charge that could be first degree murder, Second Degree or involuntary manslaughter. For zarate to be convicted of first or Second Degree murder, the jury would have to conclude evidence of intent and that might be difficult to do here without any Video Evidence or any eye witness quiets, any direct evidence period, showing zarate pointing a gun or carrying that firearm onto the pier. Tomorrow will be a very interesting day. Reporting live in surface, sam brock nbc bay area news. Of course we will monitor and watch coastly. We will follow the deliberations and bring you the verdict as soon as that happens. Well break in regularly scheduled programming and set ut a push alert on the nbc bay area app. Well new at sourks. He is suspected of killing a kitten. Now he is behind bars. Witnesses reached out to officers and gave them information that led to the arrest of this man, keith herbert. In Solano County jail. Someone dropped off a kitten aen 4 weeks old and badly hurt and ended up dying from the injuries. The hospital called police which led to this arrest. Spies at uber. Thats what came out today in a federal trial looking into whether uber stole technology from google pl former security manager of ub err testified in San Francisco today. He said at uber Espionage Team used former cia agents to spy on rival companies overseas, and the agents infiltrated the computers of companies in an attempt to steal trade secrets. The employees also went on to say the company tried to cover up the spying. A real life lesson out of this world. Some local College Students get a unique experience by working for americas space agency controlling satellites. This is a story youll see only on nbc bay area. Our business and tech reporter scott budman joins us outside of Mission Control at Santa Clara University. Scott our resident space geek im surprised you havent signed up for this. Its a fun story to geek out on raj. Mission control here at Santa Clara University both in a trailer and in the lab where students are working on earth and in space at the same time. Wle kayleigh dobz and leeland taylor sit down to study it goes beyond books. We take over and we do some science experiments. The Santa Clara University students are keeping a close eye on space. Specifically a nasa satellite they control. A student by day, nasa satellite operator by night. The satellite launched from the space station is about 3 feet by two feet and currently on a help mission telephoning e. Coli in space. When the satellite is passing overhead we will ask for specific data pages from day one nasa handed the control over to the sanity Collar School of engineering. You will a the operations for the satellite, all the command, the data download, Data Products we do the programming for it. We pretty much do everything we can. And theyre run wg it putting the satellite through its paces gaining valuable Health Information to help future astronauts and maybe even preparing for a future career. The first time we were on console and we got data back down from the satellite i dont think the smile came off my face for hours. It was the coolest experience. Reporter program has been around for about a daek. It has been very successful in addition to nasa no fewer than four of the students from here have gone on to work at space x. Reporting live in santa clara. Nbc bay area news. Thank you scott. Well more than a month after making the trade for him jimmy grom garoppolo. He made a brief appearance at the enof the last sundays game after c. J. Berth urd was injured. He threw two passes in the bereave stint but one for a touchdown. They play the bears in chicago sunday morning. Up next here at 6 00, the new safety concerns about the golden gate bridge. Well explain. Plus shots fired at a San Jose Elementary School. Not the first time. Tonight the search for a gunman. Dry in the doppler radar. But important changes to the weekend rain chance. The new update pat 6 19 tonight. Sorry. I cant make it. Its just my eczema again, but its fine. Yeah, its fine. You ok . Eczema. Its fine. Hey hi arent you hot . Eczema again . Its fine. I saw something the other day. Eczema exposed. Your eczema could be something called atopic dermatitis, which can be caused by inflammation under your skin. Maybe you should ask your doctor . Go to eczemaexposed. Com to learn more. An update in san francisoc. Well the most talked about street in San Francisco, here it is this just in. An update on that San Francisco street. The street is going back to the neighborhood. The board of supervisors this evening voted 74 in favor of the home owners of the terrace. This is an exclusive enclaf of homes interest in the city. The san jose couple who bought the terrace will get their money become. But theyre not happy about the ve versele it could end up in a legal fight. A gunman targets a San Jose Elementary School for the second time in three weeks. Happened early this morning at booksen elementary in willow glen. Luckily no one was hurt. Mariana favro is live in the neighborhood where a mom who ran toward the gunman. Reporter thats right. Karen who lives by the school says she followed the gunman to try to get a good description of him for police. But tonight police are still looking for that suspect. These shots recorded by a Security Camera woke Karen Sheerer just before 4 00 this morning. She says she saw a man shooting at a surveillance camera at booksen elementary in san jose. Karen called 911 then heeded toward the masktd gunman. Thats when she says he pointed his shotgun in her direction and she dropped to the ground. I just wanted to give a description. I just wanted to i wanted to this to stop. Im tired of this. These are my my daughter goes here. This is just not fair. For the kids its not fair. S in a second time someone fired shots at the School Surveillance cameras in less than three weeks. After the district emailed parents about todays shooting this morning, many elected to keep their kids home today. Student who did attend school arrived to find a Strong Police presence. Class rooms were locked and kids remained inside during recess. Its incredibly concerning. We want to do everything we can to make sure this is ensure the public that this is what we think it is which is strictly a case of vaned alism nothing more and there is not escalation. Meia says while the shootings are disturbing she felt her son would be safe at school. I think we have to go about our lives. We cant be restrained by all of this violence going on in our world. An officer told us that police did find a shotgun in the backyard of a nearby home. And tonight San Jose Police plan to do extra patrols around the school. Reporting live in san jose, mariana favro nbc bay area news. New at 6 00 the certain is on for a man shierg for the state in downtown mountain view. Thankfully in no one was hurt. There was a fight near villa and castro streets near bars and restaurants when officers arrived they heard several shots. The man theyre looking for is in his 20s six feet tall with his beard. Honors those who lost lives in the ghostship warehouse fire mp they this comes days ahead of the anniversary of the tragedy. Saturday will mark one year since that horrific fire which killed 36 people. When it breck out during a party at the warehouse. It is the deadliest fire in oaklands history. 12 hours after a water ma main break in San Francisco crews are still trying to fix it. Its creating traffic headaches for the evening commute. It started this morning around 6 00 a. M. When a pipe burst under the road not far from at t park. Water service was interrupted. Drivers are advised to avoid the neighbor and buss are rerouted. Now to a story he brought you last night. The gas explosion in San Francisco. Tonight pg e thinks it may have located the source that have gas leak. The explosion happened on Mission Street south of vernalle heights. It was so strong it blew out windows and a garage door. Today pg e crews went door to door to restart service. Neighbors werent home so many dont have service. Pg e located the section of line and leaks and have begun repairs. In testing the second rut round on order for the golden gate bridge. Upgrades are made to the bridge. Including the suicide barrier and the seismic barrier mp last week the bridge board approved a 216,000 contract with an Engineering Firm to do the wind testing work. Small cracks appeared in the brandnew concrete spillway at the orville dam, first detected more than a month ago when the first phase was nearing completion. Officials say theyre tft confident the cracks do not pose a safety problem and dont need to be repaired its part of the design to make the structure durable. The department of Water Resources says its monitoring the conkret service of the spillway during the rainy season. The spillway is being repaired after most of it eroded back in february. Lets bring in meteorologist jeff ranieri. And we foe we have rain on top for the weekend. When do you think well expect to have the really really rainy season. We may not see it pick up quite a bit until january and february. Thats typically when things increase. At least immediately there is no no sign of strong system the next two weks. Lets get new the forecast now. I want to take you outside to the live view of christmas in the park in san jose. This happens all the way into early january. Check it out. Its a fun time. Currently 57 degrees in san jose. And if youre headed out there tonight theyre open until midnight. Youll need a jacket. Temperatures in the low 50s. As far as tomorrows forecast goes you need a light jacket to start. Temperatures in the 40s throughout the bay area. Mostly clear. Sunny by the around and stays comfortable. 64 in livermore. 65 in morgan hill. 63 in pooflt. 61 in San Francisco and 65 in snappa. Really no big differences across the map no matter where you are tomorrow. On the extended forecast we do still have that chance of rainfall this week. The big change is a lot less in the way of potential rainfall, the which things areally processing out. And its also spreading itself out over two days. Saturday and sunday. We are going to take a much closer look at the timing of this coming up at 6 48. Know that wet weather paternity doesnt last long. We are dry early next week. A lot of you at this time of year are heading up to tahoe to gather and enjoy the snow or go skiing. I want to give you a quick jupt on the totals squaw valley, the recent storm brought 9 inches. Heavenly 5 borial 8 kirkwood and 9. And Mammoth Mountain 22. Eefr one of the resorts with open right now. Well have a closer look at the timing of the weekend rain at 6 48. Thanks, jeff. He did win. Steph currys off court victory. Palo alto police, trying to find a 59yearold woman with alzheimer s. She was last seen walking o happening now Palo