First, the top of the news, the apology from the bishop at san jose. Thats after a sex offender was able to volunteer at a School Festival. The question is how he got written permission. Prick permission patrick mcgraph said hes deeply troubled and apologizes that this policy was not followed. The man at the center of the controversy is Mark Christopher guri. Hes only allowed on campus with written permission from a school official. Well, he was identified there by a parent. Sheriff lori smith is going to be at that school on tuesday to meet with concerned parents. New this morning, a man was shot to death during a robbery. It happened last night on ivy drive. The man was sitting in a car with his wife when at least two people approached them. One of them shot the man to death. The wife is okay. The suspects ran away with her purse. So far no arrests have been made. This is the second murder of the year. Friends and family say good bye to a san jose marine killed not by the line of duty but by officers in california. 22yearold corporal alan was yelling obscenities. They say he tried to drive off and hit one of the officers. They fired shots, hitting him. Yesterday his body was returned to family in the bay area. My son was a great kid. Well loved. Had charisma. His uppers in the marines, they just love him. Everybody, hes worked at different platoons, and hes well loved. A funeral is scheduled wednesday morning in fremont. Friends, family, colleagues, and a community gathered to remember a Fallen Police officer jim kapote a year after his death. They gathered at the city hall on the steps there for a ceremony. The veteran of the Police Department was killed after a high speed chase of a bank robbery suspect. Overnight we saw plenty of rain soaking the area. I had to drive through some of it. It was rough on the roadway. Some of them might be wet this morning. Tell us if were going to expect any more rain today. Contrary to reportous may hear elsewhere, the rain is going to dry up. Were going to have mostly sunny skies and things will be nice for sunday. The High Definition doppler is not going to pick up much. That front, when it blew through last night took all the rain with it in a hurry. When it rained, it poured last night well have totals in a few minutes. If youre headed to the mountains, theres storm warnings. Gusty winds out there in the mountains. As for us and for what we expect, more rain is on the way. Not today. Well have the whole forecast when we cover it a few years from now. Thanks, brian, a Quick Development of the situation in the middle east. President obama says israel has the right to defend itself in tieland today. Any effort to resolve the conflict today is the fifth day of attacks against gaza rocket operations. Israeli strikes hit two Media Centers in gaza today, wounding six palestinian journalists. 53 palestinians, including militants have died since wednesday. Today one rocket was fired at tel aviv and was intercept body iron dome Missile Defense system system. In indonesia, protesters marched to the embassy carrying flags. Indonesia, a muslim relationship has no diplomatic relationships with asia. Irans official News Agency Says the one including a Syrian Government minister did not say whether any of the rebel or exile groups had taken part. There was a meeting last week where opposition groups formed a coalition. Coming up, the middle east takes center teenage. Its going to be over the controversy of benghazi and susan rices role in that. Also the latest developments in the petraeus aarea. Its on face the nation right here on cbs 5. Okay. On a different front, the black friday deals may be red hot, but who pays the price for it. Walmart and target plan to open at 8 00 p. M. On thanksgiving night. Some employees are not too happy about it. Hundreds of thousands have taken their frustrations out online on corporateaction. Org. Theyre asking people to boycott walmart. Its growing. Shoppers seemed to sympathize with workers having to work on thanksgiving. I think its shocking. Most americans are already overworked and underpaid. Just give them the day off. Over 200,000 target employees signed a petition on change. Org, requesting that they change the time on opening day. Some say its the spirit of christmas past. Even more Holiday Shopping days, but some also point out that the fiscal cliff that looms over christmas future could effect things as drew elevenson shows us there ares new strategies to bring out new shoppers. As in years past with elbows sharpened and smart phones in hand, shoppers are getting primed for black friday. Its the most analyzed day of the year, and the Holiday Season opener. The good news for retailers, an early thanksgiving means the season is longer with 33 shopping days, but the economy is still sluggish and washington atmospheric have rattled consumers. Retailers are very concerned about the fiscal cliff situation. Consumers are changing their stopping patterns as a result of the situation. Also dampening the forecast is superstorm sandy. By one estimate, nearly 5 million households households in had its path will have to curve spending this year. To counter, the retailers are going all in, already offering discounts. Like last year, some stores will start opening on thanksgiving after midnight with walmart, target, sears, toys r us opening even earlier in a fierce competition to get the first shop yes. Retailers know after many black fridays, typically the place where the person shops first is the place where they spend the most money. A quart of black friday shoppers were in the stores by midnight, and the weekend was a record breaker. Drew levinson, cbs news, new york. Things are looking up for californias state budget. Some signs are pointing to a surplus. Are they real . What do lawmakers need to do to keep the state out of the red . Jerry hill joins us next. Probably five or six kids are going to be able to go to college that might not have been able to go to college. An east bay teenager with college dreams of his own. How this senior raises the money to fund other kids educations. ,,,,,,, south bay will have a traditional thanksgiving mel this year. And thats thanks to the sad Heart Community service in n jose. Starting tomorrow and goingn through wednesday, familiesn need will be given a complee thanks es thousands of struggling families will have a thanksgiving dinner this year that wouldnt be able to afford one. Thats an entire dinner. All right. 4,000 families waited in line last week just to register for the holiday meal program. All right. Everybody is wondering if were going to have a dry thanksgiving. Brian, what do you think . Can you go that far ahead . Yeah. Come on. Dont underestimate this guy. Were a full Service Weather department at channel 5. It looks like thanksgiving is going to be dry, but before that, its going to get wet. It looks like were expecting another inch of rain. Its late tuesday, wednesday. It looks good. We have mostly dried up in the bay area. The front powered through. It dumped in the last 24 hours, more rain in the central and east south bay than it did not north bay. About a third of an inch in the north bay. Out the door this morning, were going to be sunny and cool. It will be dry for the most part there. s the faintest chance of a shower, but mostly sunny skies for saturday. Temperatures will be near 57 degrees. You can see that all of this pressed through at 7 30 last night. Wham. Then on the back side of that, were going to clear it out and get a few high clouds in the north bay. Thats going to about do it. The next system is going to be powering toward california. Thats going to be coming in late tuesday and wednesday. Pacific northwest stays wet in the meantime. For us, well get increasing sunshine over the next 24 hours or so. So today looks high and dry. So does monday. By the way, the numbers will be mostly in the 60s for the bay area. And sunshine favors more of the north bay than the south bay. It will be in the 60s for the north bay and south bay. A few showers coming in on tuesday. We get showers coming in to the bay area on tuesday, lingering through early wednesday. That will be it. Thanksgiving looks nice and dry. Latest on the news, heres phil and ann. Some encouraging news, the deficit in the next fiscal year will be much smaller than in the recent past. Theres a talk of a surplus from the First Time Since 2001. How real are these numbers. How are elected leaders going to handle them in sacramento . Joining us now is state senator elect well, he was an asemily man. Congratulations on your win. Thank you very much, bill. Speaking of election. Voters went to bed monday night full of stories from the governor and everybody that the state was broke. Within a week. Its. We voted for is part of the surplus. Were looking at a billion. 9 if things go according to plan the way it is now, according to the legislative analyst. What weve seen in the past are irresponsible budgets. When i got to the legislature 3 and half years ago, four, almost. We had 42 billion we had to cut. Look at that budget. Its put together with strings, and we spent more money than we had. The debt service right now is almost 9 . It was irresponsible. We had to deal with it. Unfortunately the citizens of california had to face it and live with it. We cant get to that position again. Thats really going to be the struggle. Because even as we speak, there are a number of groups, the education lobby and others who said its time now, since we do have this money coming in, to restore the cuts. In other words, start spending again. Well, we cant. We cant do that because if you look at this budget and part of the deficit were looking at next year, its because the facebook ipo did not come in as high as it was supposed to in terms of the stock sales. How can the 8th largest economy depend on social media stock price. Thats not right. We should be dependent upon good revenue, good resources, and proper expenditures. We have not been there. Thats where we have to focus on that. That irresponsibility will come right back and haunt us again. Theres no reserve in the state. We should take that one time money and spend it on one time causes and pay off the debt service. Try to balance things in the long run. Thats not what weve done. I think the pressure will be there. The other thing were faced with is in the assembly, its new members. They were not there on the floor, trying to balance the 42 billion. They dont remember. That we have to show them the responsible way, i think. Right. You seem a little temperate about this, but we have the new people coming in. You know theres a lot of democrats that will tend toward massive spending. How are you going to deal with that . The governor made it clear he wants a responsible and even keeled budget. He doesnt want to raise taxes unless it goes to the voters. I think thats the responsible thing to do. Its going to be to hold back, the challenge, we do owe education a large amount of money. We have to pay that back. We have to bring k12 education back to where it was before or this economy is not going to be the 8th largest in the world again. On the spending front, the governor says no new taxes without a vote of the people. We have fees. Thats another thing. You guys can pass those with your new majority. Do you see that happening . Well, the new majority is not going to take effect until next year. There are a number of vacant seats that will have to be filled. I think we have added fees already. Thats something weve been able to do historically by changing fees and adding them. I think it will be an adjustment to make sure costs is associated with whatever the project is. I dont think there will be we have to be responsible. I think the legislature will be responsible in this time. We know we cannot afford not to be. Do you trust these legislative fees . I do. Theyve been accurate in the past. The problem with these projections, showing the 1 billion surplus in a couple of years and up to 9 billion by 2017. The problem with those is its based on status quo. No salary increases, no excessive or more spending. We have 40 billion of bonds we have not sold yet. Thats going to added to the 8. 9 billion debt Service Every year. Thats the problem. Its good, but its not going to stay the same. The other concern about that is looking farther into the future, some of the rules, new environmental laws, new taxes people are going to be paying. Are we going to see more rich people leaving the state . Long term, what do you see here . Long term i see the state as the economy improves, california is still the best economy in the country. We still have the best look at the innovation economy in silicon valley. It drives the state. But facebook, we projected high, it falls low. It falls low, but it still brought in 1. 2 billion instead of 1. 9. Thats a lot of money. People do leave and the perception is were antibusiness. Were not business friendly. I think we have to change that perception. There are ways of doing that. I think were going to work hard to do it in the future, weapon the environmental laws as well. State senator elect jerry hill. Almost state senator, on the third. Thanks for joining us. Thank you. Well be right back. Wishing you a happy thanksgiving. This year. San francisco and Marin Food Bank some bay area families may be missing out on a thanksgiving meal this year. Its something we hear every time this year. The food banks are short 1700 turkeys. That means theyre only halfway to meeting their goal of 25,000 families. So theyre turning to the community for help. Feeding that many families who live at or near the poverty line, were really hoping that among bay area food banks and the San Francisco food banks were able to give 3500 a special you can donate any foods at whole foods market. We posted more details on our website. Well, have you ever noticed the empty seats at sporting events that events are supposedly sold out . Well, this man did. Whether hes on the field or in the bleachers, 17yearold jack has been to a lot of sporting events. Thats where he noticed something. I saw that there were empty seats, but they were saying that the whole stadium was sold out. And just like that, it hit him. Why not resell those unused tickets to raise money for charity. I know that companies and just people with season tickets buy up these seats and they just dont go to them sometimes. So last year, jack, a senior at monte vista high launched his own profit. Tickets to college. Those who share his dreams of Higher Education but dont get the same opportunities that he and his classmates get. 100 proceeds go to the college is real program at Richard High School. College is real mentors the Richard High School students. Its hard for them to even go through high school daytoday with the struggles they have. It just really touched me. We provide resources, motivation, guidance, counseling, tutoring to High School Kids at richmond high, mostly latino and all low income to try to get them to be to be the first of the families. College is real founder goes a long way. Probably five or six kids are going to be able to go to college that otherwise might not have gone to college r. When this happened, asking them for their unused tickets to events. He then turns around and resells them on stub hub or craigs list. So you get things to all different kinds of events. Ive gone to Alameda County fair tickets. Giants tickets, raiders games, musicals, jack created a website that collects and delivers tickets while still managing senior year classes, college applications, and College Football practices. I loved it. Visiting richmond and seeing how they need the support, its just really touching how i can make a difference. So for helping others reach their college goal, this week jefferson award in the bay area goes to jack khibola. Now, if you have tickets to donate to achieve their dreams, you can use the link to College Online at our website. You can find our story on jack. The affair, the emails, and the generals fall from grace. The cia sex scandal that forced general petraeus to step down. What does that mean for you and i and emails . Also, people standing by ready to light up, waiting for the smoke to clear on new marijuana laws. Well be right back. ,,,,,,,,, the goal post the sheriff of San Francisco back on the job and firing k im not exactly sure. I feel like they keep moving the goal posts. The sheriff Ross Mirkarimi is back on the job. Well have details in a few minutes. Cant wait to go to 711 and buy a pack of joints. Coming soon, marijuana realized for recreational use. The challenges making the new law as reality. Welcome back to Eyewitness News this morning. Its 8 00. Its november 18th. Good morning. Im anne makovec. Thanks for starting your morning was. We have a lot to talk about the next half hour. The petraeus scandal all came up through email. Now secure is email these days. Also, the ideals that military top brass are held to that a lot of the rest of the people in the world are not. Also the politicians are not. Were going to be talking with Ross Mirkarimi about whats going on with him and the mayors office. First, an apology from the bishop of san jose. This was after a registered sex offender was allowed to volunteer at a festival. How did he get permission. Patrick mcgrath says no one who has been found guilty of sexual abuse can be allowed to volunteer at events with children. I apologize this was not followed. Its Mark Christopher gurr. Hes only allowed on campus with written permission from a school official. He was identified by a parent. Sheriff lori smith is going to be at the school on tuesday to meet with concerned parents. Theyre holding mass this morning. Thats sure to be discussed. A shootout leads to an arrest in san jose. A second suspect is still at large this morning. This is how it ended with one of two men accused of shooting at a police officer. The suspects went on an Armed Robbery spree earlier in the day, hitting on businesses. Police spott