to get out. you can see here officers started removing the tents earlier this evening. and in the past few hours, some protestors left on their own. others waited for the 10:00 eviction deadline. reggie kumar is live in berkeley tonight with the latest details. >> reporter: occupy protestors started moving out when police moved in earlier this evening. they removed 1 debt from the encampment -- one tent from the encampment. so far police officers have not returned. protestors are still here. go and take a look at this video. people broke down their tents, packed up belongings and moved furniture out of the park before tonight's eviction deadline. after removing tents, some cleaned up after themselves, but there are still roughly a dozen tents still up in the park. a few occupy protestors have been at civic center park since october. >> i packed up my tent this afternoon. i have no desire to be in any kind of physical altercation with anyone. >> i am moving along. but i will join forces with the people that stand against the police, as long as we have enough numbers here. it depends. >> i believe that this movement is just beginning, and there are going to be some large encampments to come in the future. >> occupy berkeley is standing up tonight. even if they have 20 people, they're still going to stand up to 100 cops. >> reporter: correction, there are 29 tents up at this hour. now, city officials say they want these occupiers out of here due to health and safety concerns. we want to give you some insight into the safety concerns raised by police, which led to tonight's eviction in berkeley. since october, police say there have been two-dozen crimes reported, that includes assault with a deadly weapon, battery, attempted sexual assault, and theft. here's a look at a few of the items which have been confiscated by police. they include knives and guns thousands of bay area nurses are planning to walk off the job in the morning tonight in oakland. in your opinionses were getting their picket signs ready for a thousand nurses expected to begin their strike around seven in the morning at sutter hospital. >> reporter: nurses at nine hospitals will be striking thursday. alpha base in berkeley and oakland are the two lest, then eden medical in san leandro, mills health center? san mateo, sutter in vallejo and antioch. nurses will not be returning to work after the one day strike. sutter is locking them out on friday. how does this affect patients? hundreds of replacement nurses have been brought in. of the in case of an mother-in-law, striking nurses will cross the picket line if they are asked by the hospital, that the hospital is overwhelmed or the substitutes cannot handle the situation. >> we will send nurses in this to assess the situation and stabilize the situation and take care of whatever problem they have. so the patient is never going to be in any peril. >> reporter: this strike is the result of stalled contraction negotiations. nurses say sutter wants to take away their paid sick leave and make them pay an increased cost to their health benefits. sutter says that nurses have the option of fully paid health benefits, plus they already get 40 paid days off a year. you may remember back in september, an estimated 27,000 nurses picketed sutter health hospitals for 24 hours. when the nurses tried to return to work, sutter health officials told them to go home because their jobs were being filled by replacement nurses brought to work to fill in for five-days. during that time, a female cancer patient died after a replacement nurse accidentally administered the wrong medication. the state's department of public health is still investigating that death. we're in the weather center! another chilly morning is ahead for all of us. and we're approaching the christmas holiday. i'm here with jacqueline to tell us what to expect. >> it's going to be cold in some spots. other spots, the wind is not going to die down overnight. we're going to be seeing mild temperatures. you can see the areas where the wind has been howling. santa rosa, 60 degrees right now, 58 in napa, 54 in fairfield, 56 in livermore. we should have been into the low 40s. it's possible we could hit the 30s in some of those spots. i don't think it's very likely, especially in fairfield. 39 miernlt sustained winds -- mile an hour sustained winds. also gusty conditions in livermore, novato, dying down in santa rosa and napa. the wind, if it dies down, temperatures are going to get cold. if it stays up, temperatures will stay very mild. so it'll tell you more about that coming up allegations of sexual harassment have been filed against a bay area sports star. monta ellis, a guard for the warriors is being sued by a former employee of the team. you can see the picture of the plaintiff, eric ca-smith, on the -- erika smith. >> the texts were not work-related. the texts were unwelcome and harassing. most of the texts were sent late at night or in the we hours of the morning -- the text started with the phrase "hey sexy." >> she also presented a photograph which ellis allegedly sent to his client. it apparently shows exposed male genitalia. we blurred it out, as i said. the warriors' president denied the allegations against the team. in richmond, a man with a gun was shot by police at this hotel. this is video of the scene. officers responded to a call of a man with a gun at the extended stay hotel near hill top mall. when police arrived, the man fled. he was located a short time later outside a marriott hotel nearby. of that's when an officer opened fire injuring the suspect. what prompted the officer to shoot at the suspect is still under investigation. >> friends and family gathered at a temple in san francisco's pacific heights today to remember philanthropist warren hellman. it's estimated 2,000 people were in attendance. among his many contributions to the pay bear, he sponsored the free strictly bluegrass festival. he died of complications from leukemia, at 77 years old. a century of wisdom in today's tough economy. this 106-year-old man is still working on wall street in these days of the occupant protests. we'll hear from him on the markets of the past and present. and a giant numeral two being loaded in it new york city today. find out its purpose, and how it is energy efficient sharks in action tonight. got highlights coming up in a few. that and a little nfl talk, including the athlete of the year. on the male side. local ties. keurig has over 200 varieties from 20 leading brands, including tully's. it's the way to brew everyone's favorite cup in under a minute. way to brew. makes it easy for anne to view her finances from anywhere. like gate d12 for the next three hours. citibank for ipad. easier banking. standard at citibank. 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[ male announcer ] online bill pay. easier banking. standard at citibank. a presidential sign of the season. first dog, bo, accompanied president obama as he bought presents for friends and family today. bo picked out something for himself. a huge dog bone. mr. obama also visited an electronics store where bo had to wait in the car. in new york's time square, the seven-foot tall no. 2 arrived today. it completes 2012, and will be lit up and shining bright on december the 31st. this one is also made up of led bulbs which are said to be 78% more efficient. and the countdown to kron4's new year's live party is under way. this is the bay area's favorite way to ring in the new year. the new year's drive is the only local countdown show. it brings home the fireworks over the bay, takes you to the best parties around. ♪ [ female announcer ] this time of year you have a lot of festive meals. and safeway helps make every holiday meal a special occasion. so you can make all of your gatherings, just as merry as can be. get a boneless beef loin ny strip roast for just $4.99 a pound. pair it with a nicely priced cabernet. we have thousands of wines. and we'll help you find the right one. safeway. ingredients for life. and we'll help you find the right one. ó??g÷p÷÷÷ >>8ç interesting news from wall street. we're introducing you to a stockbroker who started working the markets before the great depression. papi harlow has more on this 106-year-old man's take on wall street, past and present. >> reporter: wall street , 80 years ago. >> when were you born? >> december 19 , 1905. >> reporter: he rang the opening bell at the new york stock exchange at his 100th birthday. that was six years ago. >> reporter: how has wall street changeded in your life? >> it was much more a rich man's game. not that i was rich. but it was designed for banks, for insurance companies, or rail roads or public utilities. it's no longer a rich man's business. it's a business for everybody. >> reporter: do you still watch the stock market very closely every day? >> well, i have the -- which is right here. i don't watch it because i'm not a trader. >> reporter: you're a value investor. >> right. and i stick to the 20-odd stocks that i hold. >> reporter: who is your idol? >> van graham . >> reporter: that's warren buffet's idol too. >> and a lot of other people i would say. >> he works every day. >> reporter: what do you think is to thank for your father's longevity? >> the fact he has an office to go to, and a job, and responsibilities is extremely important. >> reporter: do you think that you will live to be as old as your father has so far? >> well, let me ask -- >> reporter: and do you want to? >> [ laughter ] >> i was very lucky being born in 1905. i was just in time for a lot of the new technologies. radio, television. >> reporter: do you have a cellphone now? >> yes, i do. i don't use it much except to remind myself what my number is. >> reporter: i see! >> reporter: but he doesn't think technology necessarily makes things easier when he looks at the gadgets his grandson andrew uses. >> he also has to know how to work -- the ibook? you have to interrupt me, otherwise i talk too much. [ laughter ] winds are howling out there this evening. the cam bouncing around. it's the hills that the winds are gustiest in right now. 31-mile an hour winds right now in fairfield, 13 in novato, 15 in livermore. temperatures are being kept warmer out there right now because of the winds. 54 in fairfield, 58 in napa. it is 60 degrees in santa rosa right now. 53 in san francisco. you can see concord at 36 right now. 40 in hayward. 41 in los gatos. winds are expected, though, to keep up through the overnight hours. into the 1:00 hour, still showing gusty winds over fairfield. notice the north bay. areas of wind here, also areas of wind along the coastline. these areas are going to stay warmer overnight with the winds in tact. 7:00, 37 in fairfield -- or excuse me of course 37-mile an hour winds in fairfield. >> the morning temperatures, because of the winds, it is going to be 51 overnight in fairfield. the winds are not expected to die down there at all. 34 in concord, 37 in oakland. 35 in hayward. and 39 in san jose. it depends on where the winds are. where the winds are, it's going to be warmer. where it's calmer, it's going to be colder. into the afternoon, 2678s are going to feel cooler because of the winds, and they're going to be cooler. in the 50s through the bay area. 59 in san jose, 59 in santa rosa. 56 in san francisco. and 56 in can cord. i look at your extended forecast, temperatures overnight not as cold as what we've seen in mornings past, but still chilly. friday and saturday, we'll get the cold temperatures back as the winds die down. christmas looking nice. real mild. next week could see a breakthrough with the rain. by wednesday we could see some showers. [ female announcer ] hurry to jcpenney... ...for the final days to save before christmas... ...and shop til midnight for those last minute gifts. save 60% off must have winter coats. 60% off the coziest sleepwear. 9.99 for the coolest men's shirts. and 40 to 60% off fine jewelry. need another idea? get the jcp gift card. the perfect gift to bring holiday cheer. don't miss the final days to save before christmas. go to jcp.com to see everything on sale. we make christmas affordable. you make it yours. jcpenney. we were the first to ban smoking on airplanes. the first to have smoke-free bars and restaurants. all while saving over $86 billion in health care costs... and over a million lives. we've done a good job. but even if you were born today, you'd still grow up in a world where tobacco kills more people... than aids, drugs, alcohol, murder and car crashes... combined. we have a lot more work to do. nhl -- woe! todd mcclelland, against the tampa bay offense. brian fierro scores off the rebound. one to nothing. joe pavelski, two to nothing. desjardins, three to nothing. and couture, again be five to nothing. five first period goals. a team record as the sharks roll by a final of seven of had two for their third straight victory. four-days before the christmas night tip-off. the warriors slapped with a lawsuit tonight. erika smith, former warrior employee, filed a lawsuit against monta ellis this morning at alameda accusing the guard of sexual harassment, sending unwanted texts several times a day. this started in november, 2010. she alleges. smith let go in august, named the warriors in the suit saying she was wrongfully terminated. here's her attorney. >> she was embarrassed, intimidated. she felt scared and helpless. >> i was let go. with no reason why i was let go. >> we live in a litigious society, in which lawsuits too frequently are driven by money and not the pursuit of justice. we will vigorously defend the reputation of the warriors' organization in the courts. we don't plan to make any further comment about the details of this case. >> stay tuned for that. aaron rogers is the man, according to associated press. he was named today as the ap male athlete of the year. he was the super bowl mvp. and the packers to that terrific start. finally losing a game to the chiefs last weekend. aaron rogers, a run-away winner for the mayo athlete of the year. college football, let's go bowling. san diego, snapdragon stadium they're calling? okay. texas christian against louisiana tech. and 41-yard touchdown. and it is tcu winning. a final of 31-24. boxing, floyd mayweather junior sentenced behind bars. a vegas judge sensed him to 90 days in jail after the boxer's guilty plea to reduced battery and harassment charges. the deal avoids trial on allegations that he hit his exgirlfriend and threatened two of their children during an argument at her home in september, 2010. auto racing, las gatos native aj almondinger has a new team. he was driving for richard petty last night. and he's taking over the position left by kirk busch. the native will be driving the 22-car when the spring cup season rolls around, starting in february with the daytona 500. that's the one sport where, like, the biggest event in nascar is the first event of the year. >> sounds like we need another mr. involvement on this. [ laughter ] >> oh, please. i'm always 50. those days very -- nobody remembers mr. involvement. >> yes they do! have a good night, everybody. see you later. [ male announcer ] for andy, tracking his spending with citibank is as easy as... making breakfast. omelet? sure. scrambled eggs. [ male announcer ] actually, it's easier. citi financial tools. easier banking. standard at citibank. [ beep ] hi. dave here. [ male announcer ] for dave, using citibank's online bill pay is as easy as setting up voicemail. hi, it's dave. [ male announcer ] actually, it's easier. hi, it's dave. i'm out of the office. [ male announcer ] online bill pay. easier banking. standard at citibank.