Negotiating. We bargained in good faith in a long process. Reporter the union objects to the policy of not filing in moving vehicles. So they sued. Have a judge order them back to the table. If they refuse to come back to the table im willing to let a superior court judge decide this or im willing to let an arbitrator decide this. Reporter the use of force policy is the final piece of mayor lees plan to implement 272 recommendations issued by the department of justice this year. On a brighter note, the union and the commission agreed on everything else. To get to the point where we agreed on 99 was wonderful. Reporter the tragedy in berlin has some members of the union more convinced than ever that officers need to be able to fire on moving vehicles even when the driver doesnt have a gun and in what might also be a historical moment [chuckling] tomorrow the union says they are going to go to Supreme Court im sorry, superior court here and file for restraining orders to prevent that use of force policy from taking effect while the parties negotiate on until a judge or arbitrator finally decides. Live in San Francisco, melissa caen, kpix 5. The City Attorneys Office is pushing back against the union in a statement late today saying, setting policy on use of force is a fundamental managerial decision thats not subject to the decisions obligation to bargain. New at 6 00 we are getting a better idea of the violations found inside this richmond warehouse that houses musicians and artists. City inspectors redtagged the place shortly after the deadly warehouse fire in oakland. Kpix 5s da lin on what its going to take to get that building up to code. Reporter city inspectors found about 50 violations at this richmond warehouse known as burnt robin. They describe it as a nuisance, substandard and dangerous. I wouldnt describe these as as easy to do. Um, but again, i dont think its insurmountable to get it done. Reporter the violations go from run extension cords to power the building to as major as constructing units inside without permits. Some of the notable violations include, no electricity, blocked windows, noncompliant stairways for fire escape. The city redtagged the building last week and today, some musicians packed up their belongings. I dont think theres really anything worthy of condemning the place. Reporter the owner says fixing the violations would cost 50 thousand dollars. The music lives at the building with five other people. They also host punk rock concerts. I would argue that living on the street is 100 times less safe than it is living in a building like my warehouse. Reporter why should we treat artists special . First of all i would like to say we are not asking for special treatment at all. We can do we dont need special treatment. We can come up to the codes. Reporter the city manager says richmonds threeperson Fire Inspection Team wrapped up inspections following the ghost ship tragedy. They believe this is the only warehouse in richmond thats similar to the ghost ship. But tenants say they are not operating a business. Have you ever had a party at your house and had 20 or 30 friends come over . Maybe you put some music on . I dont look at it as any different from that. This is a private residence. Reporter the city gave the owner a month to decide whether to repair or demolish the building. He plans to repair it and says, there will be no more concerts. In richmond, im da lin, kpix 5. Planning Department Says the the owner has 7 months to complete the repairs. Governor brown celebrating a key milestone an 80,000page environmental report make the final case for his plan to build two 35milelong tunnels through the delta. The governor calls it key it is key to fixing our water woes. Environmentalists say it could be disastrous for the delta and the bay. What this means for the project. Reporter water on the delta is calm but the release of the final Environmental Impact report on the governors water fix is creating some waves. Ted smith is a historian and author and has lived on the delta over 40 years. He says many of the local farmers are against it, worried that it will negatively impact their livelihoods. Certainly, water is the issue, the issue here, not just because of the tunnels and all of that, but water has always been the issue in clarksburg. Reporter the California Department of Water Resources and the u. S. Bureau of reclamation released the report today. Those who support water fix see this as an important step. We spoke to Robin Swanson with californians for water security via skpe. This is a [ indiscernible ] study called the grand compromise because there have been more than 600 public meetings, more than 40,000 comments, and more than 10 years of public study and review. Reporter governor jerry brown released this statement. Quote, this project has been subjected to 10 years of Detailed Analysis and more Environmental Review than any other project in the history of the world. It is absolutely essential if california is to maintain a reliable water supply. The 15 billion proposed project would take water from the Sacramento River as it enters the north delta and then divert it through two tunnels under the delta to government pumping plants. The report looks at the impact of the process. Although the document is 80,000 pages long, those defending the delta vow to dig through it all, engage in the process, and prepare for litigation if need be. Ted smith agrees. The ebb and flow of lawsuits could take a while. I would assume even if they get the approvals they need, you know, youre looking at court cases for long after my time. Reporter in clarksburg, kpix 5. Coming up at 6 40 a Third Generation farmer explains how he has seen the delta damaged over the last several decades. Why he fears the governors plan will make it even worse. A new snag in the planned opening of the bart extension in south fremont. The warm springs station and the fivemile section of rail leading to it were supposed to open two years ago. But that keeps getting pushed back. Construction started back in 2009. There was talk of a station opening in 2015. Then in the summer of 2016. Now bart says it will be sometime this winter. Crews will work through christmas to try to stay on track. Get ready to shell out more if you are caught illegally parking at bart. Starting january 2, people who park in daily spots without paying will be fined 55 instead of the current 35. Fines for parking illegally in somebodys permitted spot will go up from 40 to 75. Bart says its a response to the growing number of people who purposely park illegally to save on paying a bridge toll and parking in San Francisco. Uber is ditching california and taking its Driverless Cars to arizona. Kpix 5s liz cook is here to explain. Reporter veronica, the move comes less than a day of after uber shut down its selfdriving Pilot Program here in San Francisco. Now 16 autonomous volvos are on the way to arizona by way of flatbed trucks. Uber released these photos of the car in soma earlier. Uber started using the cars to pink passengers in San Francisco last week. But it refused to get the permit. So yesterday after days of negotiations, the dmv revoked the cars registrations. The governor of arizona took to social media first to lure uber and then to celebrate. He tweeted this is what overregulation looks like. California may not want to but arizona does. And then arizona welcomed ubers selfdriving cars with open arms and wide open roads. Uber said for now it has no plans to apply for a permit in california. Veronica . All right, liz. Thank you. Benicia is dodging an expensive lawsuit over oil trains. Valero wanted to bring crude by rail to its refinery in benicia but the city rejected the permit over health and environmental concerns. They call it illegal but the Sacramento Bee reports that the company has now decided not to sue because it want to maintain good relations with the city. And a live look over San Francisco tonight. Clear and cool for now. But a new storm is on the way. And along with that, rain in the bay area. It will be a winter storm watch on as well in the sierra. Gorgeous sunset tonight. Brian hackney has a first look at the forecast. Brian. All righty, kenny. We have fog filtering in over the city at this hour, the first sign that things are changing tonight. They are going to change big time by sunrise tomorrow. The kpix 5 hidef doppler nothing on it now. Thats going to change by just after midnight. Futurecast gives us an idea. Look at this. Wham right about midnight up around northern Sonoma County, into the central bay area, by 4 00 in the morning, a long band of very intense showers will be moving through. Messing up the morning commute. As we mentioned, Winter Weather in the mountains means storm warnings already posted for tomorrow. The snow level will be all the way down to 3,000 feet with up to 10. It wouldnt be a surprise by the time all is said and done by saturday midday Christmas Eve, we could have a dusting of snow on our own mountains. Well see. Veronica . Thanks, brian. It is a symbol of sacrifice so how did a purple hartened up on the floor of a bay area airport . The plea to help find a Fallen Soldiers family. And a fight over christmas at the state capital. There hasnt been a nativity scene there in decades. So why are there now two . And a man kicked off a plane for harassing ivanka trump on a flight to the bay area. We talked to the passengers who saw this confrontation in coach. , my hero zero by lemonheads zero really can be a hero. Get zero down, zero deposit, zero due at signing, and zero first months payment on select volkswagen models. Right now at the volkswagen sign then drive event. The military medal was discovered at a bay area airport. And as kpix fives jon ramos shows us the se new at 6 00 a purple heart without a home. The military medal was discovered at a bay area airport and as kpix 5s john ramos shows us, the search is on now for the rightful owner. Reporter even at a small airport its hectic so employees often check to make sure no one left anything important behind. Thats what one of the guys was doing last week. It founding on the baggage carousel. Reporter to say it was important would be an understatement. Lying on the carousel was a purple heart medal pinned to a photo of names on a war memorial. Staff posted it on social media and expected someone to call immediately. Its not something you dont know the notice you lost and we havent heard from anyone. It has thousands of views and shares. Were still searching. Yeah. Reporter the name on the back of the tattered decoration is that of Miguel Angel Perez [ nonenglish language ] airport staff did some research and found he was a 22yearold private who died fighting in north korea on august 8, 1952. That means this medal wasnt given for being wounded. The private earned can it with his life. Charles who got two purple hearts in vietnam says miguels sacrifice makes the medals sacred. No one is working for a purple heart. You might want a bronze star or any of the other decorations that are left. But no one wants a purple heart and so when you get it, um, its something that we honor as purple heart recipients because we know what they went through. Reporter they believe the person was on an Alaska Airlines flight wednesday or thursday of last week. And just this morning, a group called Purple Hearts Reunited said they have located a family friend in puerto rico and are looking for miguels sister, who may still be living in texas. Everyone here is hoping this is one mystery that will soon be solved. I look forward to the day. I want it to find its home. Reporter in santa rosa, john ramos, kpix 5. Airport staff is asking anyone with information to call them. The sign says Cancer Research foundation for children. But Napa Police Say its a scam they say the guy who collected 150 outside a safeway got arrested for it. Joshua bag is his name and if you gave him any money, you can contact napa police to death it back. A Football Player at an East Bay High School now faces charges of sexual assault. The Contra Costa County d. A. Has filed charges against the 15yearold at least from de la salle high school. He is accused of assaulting a teenaged girl after a Football Game on campus. The suspect had been arrested in midnovember and then released. At that time prosecutors decided not to file charges and had asked investigators for more information. A mug i turned deadly in san leandro a mugging turned deadly in san leandro when the victim fought back after walking home from work near heath park and a man pulled a night demanding his wallet. They started wrestling and each stabbed the other. The suspect died. The victim, who investigators say acted in selfdefense, in serious but stable condition. Four teenagers on the run after they crashed a jaguar into a thrift store in san leandro. This happened about 1 30 this morning. Police believe that car was stolen. Investigators believe an arsonist started three small fires this afternoon in San Franciscos golden gate park. Crews sprayed water on the cluster of fires in a wooded area along john f. Kennedy drive. They had a report that a suspicious person was in the area around the time the fires started. Both police and an Arson Investigation Team are on the case. He climbed on the roof and he wouldnt get down. And now this suspected thief is under arrest. He led u. S. Park police to a home near ocean beach in San Francisco early this morning. At one point a neighbor says the guy fell through his skylight. Then he climbed back up on the roof. He eventually came down and was taken into custody. A little battle over christmas going on at the state capital tonight. Reporter macy jenkins shows us the nativity scene thats turning heads. Great. Something for everybody. Im offended by it because im a christian. But if this person believes that strongly in that, what can i say . I have no comment. Reporter its hard not to stop when you see it for the first time of right there on the steps. Different strokes for different folks. Reporter a nativity scene without your typical cast of characters. Religious symbols dont belong on government property. Reporter instead of the three wise men, this scene has ben franklin, Thomas Jefferson and george washington. And on the bed of hay, not baby jesus but the bill of rights. Theres a growing number of house are not [ indiscernible ] we need to be represented equally. Reporter the scene was created by the freedom from Religion Foundation and put up in response to the traditional nativity scene on the north steps. A conservative religious Freedom Group called the thomas more scott brought the scene back to the capital this week after being gone for 40 years. We feel there should be a strong separation between church and state. You should absolutely believe in whatever you believe in. Thats what makes our country great. Reporter john lucas is on the organizations local board of directors. Owe says the ideal situation is a capital free from depictions of any kind. We probably have a little bit more freedom to have a discussion than maybe some other states. Glad to see it was talking about the bill of rights. I mean, thats part of our heritage, too,. Reporter but as a christian, rory kaufman says the reimagined nativity scene isnt something he is comfortable with especially during the christmas season. You still have to be inclusive. You dont have like it. And i dont like it. Reporter macy jenkins, kpix 5, sacramento. Just cant belease everyone. You know . [ indiscernible ] you will like tomorrow. Its going to be wet. Its easy to get lulled into a false sense of security. Its going to rain in the Early Morning hours. Well begin by showing you the bay bridge. Its all beautifully lit up on this thursday night. On the eve of a pretty good rainmaker todays highs got all the way up into the 60s in the bay area. 67 in concord. 66 for oakland. 63 degrees in San Francisco. But it will be a thing of the past. Rain and wind on the way. The big wheelhouse steering moisture toward Northern California and after midnight its going to get wet. Tomorrow the temperatures dont much better than mid50s as we show you the time lapse for San Francisco from time to time we are just going to be getting showers rolling through the area. Its going to be just in time for the morning commute which will mess up things at sfo. Tomorrow will be wet and windy. Delays likely high only 52 degrees at old mill field overnight low 47 degrees. New york nice and cold 45 degrees. Chicago snow at ohare. That could throw a wrench into the works. Houston a few showers and 77 degrees. The raiders by the way are going to be playing on Christmas Eve 1 05 p. M. And partly cloudy and cold at game time. The game will be shown on kpix 5. Rain overnight, at sunrise in the central bay and a blustery rainy day on friday before things clear out saturday morning. So it will be a cool one. After todays 60s it will be like a slap in the face. Then as this christmas weekend happens, we are going to be looking at temperatures in the 50s. Sunday dry. Monday dry. After the rain event tomorrow, half an inch to 1. 5, we are going to be dry through next week. If you are a du