Jean ellie is live in oakland with new details. There several things happening tonight. Alameda county coroner said he will not interfere with the effort to move her from the hospital. It may allow an outside surgeon in and support effort to move her as long as administrators approve of where she will be taken. All of them have the family scrambling to beat a looming deadline. Two men on opposite sides of the Case Exchange words outside childrens hospital. The family wants to move the 13yearold out of the hospital. The family attorney said hospital administrators keep changing the requirements to make it possible. The cell game is being play and cutting out a critical time needed to get them done. Thursday the mc math family said they had a facility willing to care for her as long as she had surgery to allow for feeding and breathing tubes. The hospital denied the request because she is legally deceased. She is brain dead and on a ventilator after complications from surgery. Now they said it is possible for an outside surgeon to operate. There will have to be permit and licensed here. You cant just walk in the street for a variety of legal and medical reasons. You have to get at least temporary permitting. The change has the family searching for a surgeon and a new care facility. It said the bay area facility lined up yesterday now said it no longer has a bed. On the facebook page, the girls mother launched a fundraising effort to pay to fly her to a facility out of state. The family said it doesnt want to reveal which facility it is working with so no one can interfere with the transfer. The hospital said it wont release mcmath until its clear its a licensed facility. The hospital wants to ensure whoever is taking the body of jahi knows that she is deceased and on a ventilator. Worry a court order requiring the hospital to keep her on a ventilator expiring monday at 5 00 p. M. , the family may end up back in court. We will have to go in court and buy time by any means necessary. The family said they are determined to move jahi out of the hospital no matter how long it takes. N br nbc bay area news. Thank you. Now to breaking news. Transit workers ratified a new contract. Some 1700 members voted on a tentative deal reached last friday. Tonights vote brings to a close nine months of negotiations and a near strike and the cooling off period that expired on sunday. It gives bus drivers and mechanics a 10 pay raise and called for a flat Monthly Health care contribution by employees as well. New at 11 00, two men are under arrest in connection with a Christmas Eve robbery in sonoma county. A 67yearold man was hit and robbed outside the great resort and casino. They stole cash and personal property. The victim went to the hospital with severe head trauma. They arrested 21yearold Ricardo Davalos and dianty love of santa rosa. Also new, Police Investigating the death of a man whose body was found at a construction site in daley city. The former Sports Authority building. The complex has been under development. There is no sign of foul play and its not clear how the man died or who he is. Now to nbc bay area followups. Investigators say a found in the water outside of mccovey cove. He was visiting San Francisco from l. A. When he disappeared in november. He made a frantic call to relatives and said he needed help. They are now waiting on the results of the autopsy before determining how he died. Poor air quality made for another spare the air day. Tomorrow will be the 21st in the past two months. The smog is irritating many with allergies. Heres a live look where pollution levels are high. Nbc bay area has more. If you take a deep breath in the last couple of weeks, you felt the burning or shortness of breath it your lungs because of how poor the air quality is, filled with chemicals and particulates. Thats affecting everybody from exercisers to asthmatics to those who want to view the skyline. On a clear day, you can see for miles and miles. Just not on this day and not this couple. There is not much of a view. You see the smog or what . Thats exactly what it is. Smog and matter trapped in the valley, hemmed in and creating havoc for folks young and old, human or canine. It was difficult to walk the dogs. Hard to breathe. I could feel it in my lungs. A series of aggressive fires from a 900 acre behemoth to a plant dumped more chemicals into the air making a bad situation worse. This situation is definitely more acute than usual. We are seeing a lot more pollution than we do during this time of year. Dr. Katherine nelson with the south bay allergy and asthma Group Estimates a 25 up tick in the last few weeks. Nelson said there is no magic pill to clear the air. Just a gush of water. And not the sound variety. We need a good rain. We need this inversion layer to go away. We need wind for the particulate matter and bring it out of the valley. Pray for rain and we will gladly take handouts. We need rain . Wind . Something . We will send you rain from georgia. We had tons of it. We spoke with other aller gists as well. A doctor with the allergy and Asthma Associates of Northern California has seen a spike in his business too. You have to be careful. The particulates can have longterm consequences like causing asthma. His advice is to stay inside or take preventive medicine. Nbc bay area news. Lets turn things over to rob and will key see improvement this weekend . We hope saturday night into sunday, the winds pick up and we heard the talk of the inversion layer. High pressure and warmer air on top of colder air around the bay area. Imagine a ceiling dropping down overnight and all the smoke collecting underneath. Thats the yean we had issues again. We are talking about a spare the air day, number 21 in the last 58 days. 36 of the days from november to december 28th and we had the spare the air days compared to ten total and fourmonth time last year. Tomorrow is day 21 of our spare the air days. We could see more on sunday and things may improve into monday and tuesday. Winds are going to start to pick up and you might have noticed you had a lot of clouds. That was a weak weather system that moved o. Just a few sprinkles during the day tomorrow. Notice sunshine and the winds fairly gusty in the hilltops during the day. Clear skies and the winds turning a little stronger into saturday night and we hope will push the smoke away from the bay area. Warmer changes ahead to wrap up the weekend in a few minutes. Friends are mourning the death of a steer killed in an avalanche. This is the picture. His brother said he loved his family, his cow bears and skiing buddies and San Francisco. He was skiing with friends outside the boundaries of the Mountain Resort in an area called pucker face bull when an avalanche buried him. He went to school in uc berkeley and just moved to jackson hole from San Francisco. A selfie photo could land him in jail. Releasing this image of the guy. He is one of two who robbed a woman in august. Two people demanded her cell phone and a necklace and ran away. They investigated his stolen phone to take a picture of himself. They didnt realize that it uploads photographs to the vehicles computer. If you recognize him, call the cops. American military members are free after spending several hours in custody. The u. S. State Department Said they were detained for several hours. They tell us the four were signed to the American Embassy and conducting a standard review of evacuation routes when arrested at a Security Check point. The u. S. Announced they were stepping up support for libyas forces. On september 11th, you will remember four americans were killed in a terrorist attack in benghazi, libya. Starting tomorrow, more than a million americans will lose unemployment benefits. The government is ending their program for 1. 3 million people. California is home to more than 200,000 of those affected. People have been looking for work for more than 26 weeks. Some people lose benefits and say they have go to extreme measures such as waiting hours just to make an introduction. I tried to see a manager to a i am looking for work. I need to work. Can you help me . People on uh employment are sitting around enjoying the money and nothing can be further from the truth. The president and Many Democrats in Congress Want to renew the program and they promised to introduce a bill in january to extend the benefits. Still ahead, the target data breech including pin numbers. While the retail giant said they wont compromise accounts and what the experts are saying. Also coming up, which customers will be receiving a refund in the wake of that massive shipping delay and why a bay area man said the delay ruins more than just christmas. Up in arms, the latest drama in the duck dynasty drama. A wild ride, one pilots surprising move moments after he survived a plane crash. Class action lawsuits and lots of hand wringing because of a credit card breech in target during the busiest shopping days of the season. They revealed better news for shoppers. Our busess and tech reporter scott budman has the latest. The good news from target today is that it had technology in place to protect your credit card information during the busy shopping season. Your credit card information is not quite out of the woods yet because hackers are tech savvy too. Target tried to put nervous credit card holders at ease by saying while the pin numbers shoppers enter when they use credit cards were taken, they were encrypt and we remain confident that pin numbers are safe and security. Is encryption, disguising data with complicated code completely . Experts at mcafee say no. As the technology has gotten better to encrypt them, so has the deckinology to decrypt them. They admit encryption has been around for decades and used in stores makes it harder for data to be stolen. Think of it as a high Tech Security wall. Like the decoder ring you had when you were a kid. It slows down the criminals. They have to decode that encryption. Sometimes they can. There is always a risk. They can decode these overtime using the right software. For means its still up to us to be vigilant about our credit card. The advice remains. They can let you know over the phone if anyone besides you used your plastic. Also play close attention you get every month and if you see charges that are not your, they will be absorbed by the credit card company. Scott budman, n brbc bay area n. It is legal is what the new york said about the governments phone surveillance program. They issued a ruling saying there was no evidence the nsa abused the ability to collect information about phone calls made to or from within the u. S. They argued that despite the collection of meta data was a violation of Fourth Amendment protections against unreasonable search and seizure. U. P. S. Said they cleared the backlog, but still hearing from angry companies who are demanding refunds for gifts. They will refund charges for air delivery, but not for ground shipping that was not guaranteed. The company said the problem was an unexpected surge of online orders. They lot of out twice by not getting gifts and lot of time trying to track them down. Its the amount of time sitting here waiting for packages to sign on the lot the line. When they dont arrive, thats the most precious thing to have around the holidays. Tom is concerned he didnt get his packages and he will have to call family members and see what was supposed to arrive. Businesses here tahoe are doing what they can to attract customers without snow. There were a handful of cars in the parking lot and there a few folks enjoying it. In the lake tahoe area on snow making machines to keep the runs open. Boreal has five of seven lifts open. Alpine, heavenly and north star to name a few. It is having a big impact such as housing rentals. People have not been cancelling, but they have been waiting to see the conditions before they book. Sounds like me. Christmas and new years are prime times, but there a lot of vacancies right now. Were are not expecting snow the next couple of days. Look at the sierra by tahoe city and you look at the horizon. Snow on the tops of the mountains, but nothing closer to the waters edge. You can see it does not lock like what you expect to on december 27th. Fortunately the numbers are not good. You look at the northern and central and southern sierra. About 22 of average for this time of year. If you take a closer look at the central sierra. You can see about 8 of the april average and you didnt get any more snow. They are normal or average to date. This is past the First Quarter of the snowfall season. We still have time to make up that difference january into february, but the long range pattern does not bring us hope at least through the end of the year and maybe the beginning of 2014. Outside right now, on the chilly side. Down to 42 degrees. Look at the north bay. 32 tonight. A little bit of patchy frost as you wake up. Not much wind and thats the problem. Another spare the air day and another one on sunday. I think in the hilltops by this time we will begin to see the winds picking up. The north bay is chilly. Santa rosa 34. Low 30s for the morning and the north bay and mid 30s around the east bay valleys. Chilly into tomorrow morning. Clouds starting to clear out. We did have a few of the sprinkles and maybe just a light drizzle. The weak system that came by, skies clearing now and behind it north winds picking up in the afternoon as the pattern resets itself into another ridge of High PressureBuilding Back across the coast. Its going to divert storms and the temperatures will be mild. Today is cool and tomorrow temperatures coming up. The highs on saturday for san jose close to 55 degrees. Theday forecast. A chilly start for the morning. Mid 60s for the afternoon. Low 60s and a quick preview. It looks clear. In San Francisco the pattern continues to keep it for the next to ten days. In the north bay, they will see highs as warm as 67 on saturday and i think managing near 70 on sunday. Looking good saturday. Mid 60s and for the game against the broncos and raiders, should see highs in the upper 60s. The two weekend days, it looks like sunday should be the warmer. Trivalley, upper 60s around pleasanton and livermore. A dry drive into the sierra. We can use more snow. 68 degrees jumping up to the 70s from suspected and maybe low 70s. Carmel is 67 degrees on sunday. The weather continues to be nice. The item to watch though is gusty winds in the hilltops. Something we watch closely on saturday. As long as they dont pick up to give us fire weather watches and the winds may push the smoke out and improve air quality sunday to monday. Gearing up for new years eve, the new high tech twist to the ball drop. Back in a moment. A gay Advocacy Group is reversing suspension of Phil Robertson from duck dynasty. They want not to put profits or africanamerican and gay people. They are reversing the controversial comments he made about gays and blacks, but a e decided freedom of speech writes at his religious convictions. Duck dynasty is the number two series and a huge money maker for the network. The episode in january was all for the robertsons features. A photo is taken after a plane crash and being shared around the internet. Thats what people are talking about. They are taking in the view of the upside down plane. Aside from cuts and bruises, and seth curry and the warriors. Next with sports. A little sports action and football. Whats going on . 49ers gearing up for the playoffs. They could end up seeing the nfc for the win and other pieces falling into place. There will be no super mario and they have the first games with the acl and never really could get going in the games back. They are announcing it is the 49ers leading the way again. The goals to make the super bowl so they dont have to go to hawaii. The raiders selection. He announced his retirement and did so at the raiders headquarters. He was selected to the pro bowl with the raiders. Basketball with suns and warriors. Seth curry makes an allstar push and this is the campaign. First quarter, curry transitioned for the lay in and later tied at ten. Tying the nbas all time list. Hockey. Sharks taking on the coyotes after a hiatus. Check it out one more time. All you needed for the win was a safe. The third shootout win in a row. College football and byu to fight the hunger bowl at at t park. Third quarter, washington up five. They may win thewin seasons since the year 2000. The San Francisco 49ers treated to a dinner at the house of prime rib in the city. The reason being the guys in the trenches do not get the glory on sundays. We go out every week and sit down. Now in the mood for prime rib. Thats sports after this. Welcome to the crystal ball. The last on the ball that will drop at midnight on new years eve. Waterford crystal takes craftsman about a year to make them all. The next step is to embellish the ball. There is a high tech component this year. This is on the big screen. If you are not there, its better to watch it on television. The tonight show with jay leno is coming up next. I will be right here tomorrow. You will. Ill see you next year. Byebye. Announcer its the tonight show with jay leno, featuring rickey minor and the tonight show band. Tonight, jay welcomes quentin tarantino, deep fried thanksgiving cooking with jim stacy, the music of luke bryan, and fake spokesperson auditions. And now, jay leno [ cheers and applause ] [ cheers and applause ] jay hey thank you very much thank you. Thank you very much there you go. Hi, everybody. Welcome to the tonight show. Oh, boy, all ready for thanksgiving . Yeah. [ cheers ] its a great holiday