i deeply and humbly apologize for my behavior. san francisco sheriff expresses remorse but his political future is still in jeopardy tonight. good evening everyone i'm frank somerville. >> and i'm julie haener. it is a big decision that will chart the political future of embattled san francisco sheriff ross mirkarimi. we learned that mayor ed lee

will make an announcement tomorrow if he will launch an investigation to unseat the sheriff. ken wayne has the story. >> reporter: tomorrow we'll find out if there will be a formal attempt by the mayor to force him out of office. mirkarimi entered ed lee's office this afternoon. there's no word on what was said but it seems clear that mirkarimi's job is on the line. sheriff mirkarimi exited asking for forgiveness. >> i am deeply sorry. >> reporter: gone was the defiant tone and accusations that he's a victim of politics.

>> i hope he will wholeheartedly education use this occasion to change his -- excused this occasion to change his future. >> i must say and i mean this from the bottom of my heart happy to hear him taking some accountability. >> reporter: there is support. >> let him go on and be sheriff and do what he needs to do. he's a good man. >> i think it would be more polite if he would just resign. just be the graceful way to go. a recall mirkarimi facebook page has been put up. meanwhile the sheriff plans to announce tomorrow if he will push for an investigation of

misconduct and a push of the sheriff from office. mirkarimi's sentence calls for three years of probation. he must also undergo counseling for one year and perform 100 hours of community service. expect to see more billboards such as this one in san francisco. a domestic violence advocacy group put it up last month. money has been pouring into the campaign and it plans to put up five more signs starting wednesday. a big crowd in pleasanton where planning officials took a vote on a petition opposing a new type of wal-mart store that's smaller than a big box and specializes in groceries. amber lee is live in pleasanton

and tells us the people wanting to attend grew and the meeting space was too small. >> reporter: the fight against a proposal wal-mart grocery store never materialized. wal-mart wants to open what it calls a neighborhood market at this former knob hills food at the metal plaza shopping center. it would be the first of its kind in california. a 33,000 square foot grocery store. but opponents appeal the approval of wal-mart's plan setting into motion tonight's meeting. >> it's disappointing to me that competitors are battling to try to keep the store out. >> reporter: for two years after knob hills left she was unable to find a suitable anchor tenant until wal-mart. >> we're simply reusing an existing building that was vacant. it was a grocery store before, it'll be a grocery store now. really the only difference is it will have a different sign out front. >> reporter: but wal-mart opponents didn't show up for tonight's meeting.

the majority of the audience were people who identified themselves as neighbors of the plaza where wal-mart wants to open its grocery store. >> it's hard to get things done. we need a grocery store there for a long period of time. >> reporter: wal-mart says the store will hire 75 nonunion employees. local five the union representing union workers says wal-mart is bad. >> there seems to be two closures in two months in the surrounding two zip codes. >> all in favor, thank you. >> reporter: around 8:00 tonight the planning commission voted to deny the appeal from opponents. we're told wal-mart can go ahead with plans for a grocery store. pleasanton will join san ramon, hayward as the four bay area cities to be home to neighborhood markets. amber lee, ktvu channel 2 news.

come tomorrow commuters driving through mipitas will have a new option, express toll lanes. the stretch at the interstate 880 interchange will become a toll lane. that means drivers will pay to use the toll lane starting tomorrow morning. tolls range from 30-cents to $6 one way. and are adjusted based on traffic congestion. caltrans plans to postthe fee on electronic signs. a canadian company which shared this company of a new b.a.r.t. car ranked highest on a contract. all three bids came from foreign companies. lombardie international is hoping to win a $3.4 billion cop tract. lombardie must now pass an audition showing 60% of the parts and material used in the b.a.r.t. car will be made in america. another day has come and gone and there is still no sign of a missing 15-year-old from morgan hill.

sierra lamar disappeared last friday on the way to the bus stop to school. investigators showed up at a high school there today, lloyd lacuesta has the story. >> reporter: i checked with the sheriff's department and they're still listing this as a missing person's case and say they have no new leads. sierra lamar was a student here at washington high school in fremont. she transferred last fall to sobrano high in in morgan hill. now her fremont friends are actively joining in her search. >> we love you sierra, come home. we miss you. love you. >> reporter: lamar was a cheer leader at washington high last year. she has maintained those friends ships. today sheriff detectives were on campus interviewing classmates. >> she would never run away. she wouldn't feel safe being alone. she loves being with friends and being with a lot of people. >> reporter: over the weekend, authorities found her cell phone in this morgan hill field a half mile from her home. it was undamaged and did not

appear to have been thrown. the location is in the opposite direction from where she normally walked to catch a school bus. >> so we're doing some forensics on that cell phone. trying to get any information that we can off of that cell phone as well as her laptop. >> reporter: investigators say they have no evidence of a fight, trouble at home or foul play. >> she was in an optimistic mood. she was very cheerful. she wished me a good day at work, i told her i loved her before she went to school. her friends have been distributing fliers seeking information from fremont to morgan hill. >> i can't believe this is happening, to like one of my like best friends. we're praying for her to come back home and it just makes us so sad. >> reporter: the cheer leaders are preparing for a competition. they'll be wearing ribbons. a zebra pink design a favorite

of sierra. police say if you have any information, give them a call. it's been almost a week now since a mother from gilroy was last scene alive. so far searchers haven't found any sign of her. martha gutierrez is the mother of an iraq veteran who police say killed his sister and then killed himself. police suspect that marta gutierrez is badly injured or possibly dead. so far nothing has turned up. the iraq war veteran who was injured during an occupy protest in oakland has taken his first step toward a lawsuit. scott olson's attorney says a claim against the city and police department was filed on thursday. olson was hit in the head by a projectile. perhaps a bean bag fired from a police weapon.

his family is seeking lost wages. hope services says it's lost hundreds of thousands of dollars in donations over the last year. the nonprofit collects collects donations throughout the bay area. the charity then sells those donations to provide services it provides to 2,700 development clients. >> hope is an organization to help us out. and it's wrong from them to steal from us. >> this is for us, the money goes to the programs. >> hope services is now asking donors to schedule pick ups or bring the donations directly to a hope facility rather than leaving them at one of the drop off locations. and coming up in six minute as -- minutes a break in a disturbing case where a good samaritan was attacked. see why police still need the

public's help. pg & e is proposing a plan. it wants a rate hike to help pay for those increases. peninsula assemblyman jerry hill says pg & e wants customers to pay 95% of the cost. and he thinks that is wrong. >> pushing customers to now pay for work pg & e was neglecting all these years is also not fair. >> we're not asking for that. what we're asking for is customers to fund any work that is going to meet new standards. >> the state puc will now rule on the plan. after weeks of intrigue nfl quarterback peyton manning has made his decision. he wants to play for the denver broncos. whale -- while it's not yet a done deal, it now seems that

the san francisco 49ers need to resign their own quarterback. manning missed all of last season due to several neck surgeries and he turns 36 on saturday. he's expected to get a five year deal worth $95 million. still to be decided is what happens to tim tebow. denver's quarterback sensation from last season. the 49ers emerged as a contender for manning which left alex smith paying a visit to the miami dolphins. today miami signed another quarterback david gerard. the 49ers offered smith a three year contract but alex smith is apparently looking for a longer deal. a bit later in sports, how the golden state warriors honored a bay area legend tonight. as well as the starting reaction from the crowd toward the team's owner. during last week's storm,

the river departed from its normal course and cut a new channel close to that historic boardwalk. heavy equipment is now being used to build large sand berms and redirect the river. so far the only damage was to a set of wooden stairs along the beach that washed away last week. two people race into the water to try and save an 11- year-old boy off the sonoma county coast. how all three ended up in trouble and how they were finally rescued. >> back here in 10 minute, live storm tracker 2 showing a few stray showers. we'll see some of those for the morning commute. i'll tell you what time they start and when they get out

many of you may have gotten a few sprinkles out there. storm tracker picking up very light shower activity.

tomorrow very light showers. not enough to shut you down but you will notice it with your windshield wipers intermy tent. mostly cloudy for the morning commute. a few sprinkles here that's at 10:00 a.m. not a big deal but they're out there. we get in toward lunchtime, a little after lunch. showers north then you start to see things get better by tuesday afternoon's commute. light sprinkles in the forecast. a weather system head our way. i will let you know what the timing is on that and how much rain we could see. i'll see you back here. a young girl from northern california who was asleep in her bed was killed by a tree that fell on her home. it happened early yesterday morning. authorities say 8-year-old haley vesoni was pinned to her bed by the 100-foot tall fir tree. the tree was uprooted by a near by creek and fell right on top of her house. authorities brought equipment to uproot the tree but it was

too late to save the girl. a plan to turn away thousands of students from cal state. what

the cal state university system has announced plans to drastically limit enrollment last year to deal with budget cuts. as alex sadvige explains this is a contingency plan. >> reporter: the cal state system is planning to scale back on students possibly reducing over all enrollment next year by 25,000. on the cal state east campus building there's disbelief. >> i think that's too drastic. >> we should be trying to save education and put money into education not take money out of

it. >> i didn't realize the situation was so dire. and it's certainly disappointing. >> reporter: all 23 cal state campuses would stop accepting new students in the spring of 2013 if this plan goes into play. it all hinges on a tax increase measure that will go before voters later this year. if it fails that could mean another $200 million funding hit for the cal state system. today barry zapel made his pitch to taxpayers. we hope we recognize the importance of higher education and well qualified well trained and educated work force. there would be a small number of exceptions under this enrollment reduction plan. about 500 students would still be allowed to transfer to one of these eight cal campuses. but a lot of other students may have to apply elsewhere. >> it's kind of unfair. it's where you see yourself in the future for some students. and you know money issue is

always there too. >> reporter: this plan to cancel enrollment next spring still has to be approved by the chancellor and board of trustees. in the meantime the spokesman for cal state east bay told me today prospective students should still apply. alex sadvidge, ktvu news. attorneys representationing union members working in san jose want to have the court weigh in on a ballot reform measure. >> it's hardly what one would call impartial and the law requires that the question be impartial. that it not prejudice the voters in favor or against the measure. >> reporter: the attorneys filed a lawsuit claiming the city's june ballot measure miss represents the issue and uses emotionally charged language such as abuses and essential services which could mislead voters. today a judge granted the attorney's request for an expedited hearing. it's now scheduled for april

3rd. san jose mayor chuck reed released a statement that reeds -- reads in part. over the last decade retirement costs have risen from 72 million to $245 million. and now consume more than 20% of the general fund. the federal aviation administration has announced a new plan to improve flying in an out of northern california airports. acting faa administrator michael ertha visited if control tower to explain the change. he says satellite navigation will replace radar and he says that will improve on time performance, it will allow planes to use less fuel and reduce emissions. the airports involved are san francisco, oakland, san jose and sacramento. a controversial video of a child on a wheelchair gets a faa pat down is getting a lot of attention on you tube. an angry father in chicago

posted the video. the video shows a child in a cast getting wrestled. his son who was 3 years old was trembling but he was not allowed to touch him. this happened back in 2010. but the father says he just decided to postit after watching the video again and getting emotional. some veterans say they'll never be the same again. up next the realities of

with iraq and many of our veterans are now facing ptsd. >> reporter: now he's in a war here at home with post- traumatic stress disorder. >> i get nervous around big crowds. i'm very hyper vigilant, very aware of what's going on. >> reporter: today a demonstration by iraq, veterans against war marking the ninth anniversary of the beginning of the war. there was a pair of boots displayed representing seep of the 482 servicemen and women from california killed in iraq including tojer's friend. when tojer returned home from the war he says he wasn't the same. >> i know a few people are capable of bad things. but just seeing it firsthand and remembering it. >> reporter: bespoke with veterans spoking from ptsd in the hopes of gaining some insight into a condition that may afflict sergeant robert

bayles. he's the sergeant accused of killing 16 afghans. >> i didn't want to have relationships with anybody. it's a constant reminder. >> reporter: andy says she's had flash backs. >> i go back to the jungle. i black out and i get into altercations with other people. i've been incarcerated because of it. >> reporter: but he and other veterans say the brutality bales went through is far from the impulses they've been through. if anything positive comes from the killings in of afghanistan is that the public gains a better understand of post- traumatic disorders. we're learning tonight that the soldier accused of killing 16 afghan civilians last week reportedly doesn't remember anything about it.

staff sergeant bales met with his attorney. the attorney john henry brown says bale remembers few details from before and after the shootings but little or nothing about the actual shootings he's accused of. nine of the 16 victims were children, 11 belonged to one family. apple announced today it is paying its first dividend since 1995. ktvu's noel walker reports. >> reporter: just glance around the red box coffee shop in mountain view and you know the apple doesn't fall far from the tree in cupertino. >> i own their products so every day it reminds me, it's a good company. >> reporter: kevin mg is a mac from his phone to his tablet to his portfolio. today apple announced it will pay it's customers dividends. >> i am excited because i've

owned apple for a couple of years. >> reporter: it's the first time apple will pay dividends. so what's better for apple. >> the rail question is what's better for the investors that will continue to hold apple without them paying a dividend. >> reporter: there was pressure for apple to share the wealth. the company is sitting on $100 billion in cash. to get some sense of apple's power look at the s & p500 which is up 12 to 13% per year. but if you take out apple's contribution it's up just five to 6%. >> it's very difficult to buck the trend, at the same time trees don't grow up to the ski either. >> reporter: meaning it isn't likely the coto get buy backs forever. >> i think that's troubling long term. >> reporter: today apple's chief financial officer says he's confident about the

company's future and seeing growth in the future. noelle walker. apple says the launch of its newest i pad is the strongest yet. people lined up outside stores to pay between $499 and $829 for this new device. the company says it sold 3 million kwraoupts in the first three days. apple says it's customers love the new features including the retna display. safe way based in pleasanton announced it is going to buy back more shares. the grocery store says it will buy back $3 million. safe way has been buying back its shares since last september. the company operates some 1,600 stores in the u.s. and canada. on wall street, the dow finished the day up 6-1/2 points. the nasdaq gained 23. the two indexes rose more than 2% last week. the federal reserve plans to levee fines on eight more large banks for improper

foreclosures. those banks include ever bank, goldman sach, met life, one west, sun trust and u.s. bancorp. there is no word on the size of the fine. last month the nations five biggest lenders agreed to a settlement. bank of america and four other lenders also agreed to payments. firefighters say the fire at this home on chandler road started in the garage where someone left a disassembled fuel bank right next to the water heater. it's believed the pilot light lit fumes which lit the fire. five people who were in the home all made it out. one person suffered minor burns on their hands when they tried to put if fire out with their hose. no word tonight on what may have sparked an early morning fire. the fire on east street was first reported around one --

1:00 this morning. fortunately no one was hurt, but the six people who lived here are now out of their house this evening. turning now to the race for the white house. illinois holds it's first primary or its primary tomorrow and 54 delegates are at stake. mitt romney says the economy is improving and the recession is ending. >> there's never been one that we haven't recovered from. the problem is this one has been bigger than it needed to be. >> reporter: romney told people at a pancake breakfast, he is not an economic lightweight but president obama is. >> don't make it about who can best manage washington. or be the ceo of the economy, we need someone who can talk and strike blows for big things like reagan did.

for freedom and for america. >> reporter: santorum said he is the only candidate who is faithful to reagan's conservative principals. that santorum is at a disadvantage in illinois because his campaign has failed in several districts. a new poll shows how communication is being transformed. find out what the preferred method is with one age group. >> back here in 10 minutes, why storm tracker is showing a little bit of

this past weekends was a

deadly one on sierra ski slopes as two people died in two separate incidents. that brings the number of teen related deaths to three just this month. authorities say 54-year-old who died yesterday at the sierra at tahoe resort. he fell into a hole in deep snow created by an underflow of water. by the time other skiers found him he wasn't breathing. >> it's off a designated trail. off that designated trail with the large amount of snowfall that we did receive this week there becomes an enhanced risk. >> a 20-year-old snow boarder also died on peak. he fell head first into deep snow and couldn't dig himself out. >> on march first a skier died near meadows ski resort. a new poll shows texting is the way more and more teens communicate. the poll found 63% of teens say they text every day. at the same time talking on the

phone seems old fashioned. just 29% say they talked to their friend on the phone. as for land lines about 30% say they never use them to talk to their friend. in news of the world tonight in france, three children and a rabbi were shot and killed outside of a school. the gunman is still on the lose. he is the same person that killed two soldiers in an attack last week. the president visited the scene. a key ally of president assad is pushing for a break in the fighting to give the red cross access to the wounded. in greece, the olympic

stadium suffered heavy damage during a soccer match. at least 20 police officers were wounded and 80 people were taken into custody. the stadium in athens were used in the 2004 summer games and for greece it symbolizes a moment of glory. the dutchess of cambridge spoke today. >> thank you for inviting me today. >> the hospice is one of her official charities. the former kate middleton said she was story her husband william could not be there. he's on assignment. a new casino rises in the south bay but it's not just about gambling.

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a large new $50 million casino is just about ready to open in san jose. janine de la vega tells us what the owners are doing to attract nongamblers as well. >> reporter: the sound of people gallabling will soon be in this room. a lot of detail and inspiration came from las vegas. there's lots of impressive lighting fixtures. >> with a press of a button i can make it do different things. >> reporter: as well as elaborate murals. >> this came from italy. >> reporter: gamblers can even play cards with a view of the city in the 16 story building. the owner says there's no place that exists like this in san jose. >> the city of san jose can use a really cool place to hang out beyond what's there now. >> reporter: swallow built the

casino to replace his old card house. this allows each party to listening to every channel they want rather than watching the muted tvs. people say they are curious to look inside. >> i'll probably go in the sports bar and check it out. >> reporter: 300 new employees have been hired to handle all the customers. >> i've seen the outside of the new one. the matrix and it was cool. like it's going to be fun. >> reporter: swallow estimates his casino will bring in $10 million in revenue to the city of san jose. the property is expected to open april 3rd. a neighboring casino is expected to open in the next few years. new evidence that sugary drinks are bad for your help. the harvard study found that drinking one 12-ounce sugary drink a day increases a man's

chances for heart disease by 10%. and welcome back, live storm tracker 2 picking up a few showers. they are in the forecast tonight and a little bit tomorrow but it is light. if you've experienced them you know what we're talking about. intermittent windshield wipers at best. it's a fair weather pattern but some of the moisture and pacific is spilling over the ridge and bringing us these light sprinkles. here's what the rainfall looks like. look at the percents of average. that's huge, that's a big increase. look at san jose. 30% of rainfall average for this time of year. tomorrow we'll actually as we're going to spring right now it's the spring equinox at 10:13 this evening so we're basically in spring and the weather is going to continue in a spring like fashion. as you push the kids off to school and you head off to work instead of frost and freezing conditions you're looking at upper 30s and mid-30s. might be a little frost out there. this is what i'm talking about.

here's the ridge of high pressure. all this activity streaming over it in a clock wise flow. that's typically fair weather but there's so much moisture it's running into the coastline and triggering showers. when i talk about dynamics i'm talking about something out here. there's dynamics and that's what we're going to see on saturday. what we have now is just a lot of moisture streaming in. it will trigger a few sprinkles, humidities are high. cloud cover will be there. as we get into the weekend, a real low pressure drops down. looks like it's going to bring some rain on saturday. that's what it's going to look like. it's going to change a lot in the next few days. bring a cooler air mass with low snow levels. thursday morning a better shot for sprinkles. looks like actually a real kind of a front here. as we get into friday, nice day. but look at this friday night this thing tees up and here's your saturday. all right there's your saturday morning 6:00 a.m. saturday afternoon starts to

clear off but it's going off in the mountains and a little 134- g -- thing down the coast on sunday. slightly unsettled the next couple of days. as we head toward the weekend we will see real rain. but don't change your plans because if you have outdoor activities, you're going to be fine. if you experienced the light showers we had tonight, you know what i'm talking about. if i had to forecast with your bay area weekend in view a loot -- lot of clouds and a lot of moisture. the saturday thing looks like the real deal. >> it's going to be warmer for the weekend. >> a little warmer, in the 60s. burger king is relinquishing wendy's as the nation's second largest hamburger chain.

wendy's had $8.5 billion in sales while burger king had 8.4 billion. mcdonalds though is still the number one. some big honors

fred is in for mark tonight and it was a big night tonight for a former warrior. >> chris mullens moved he was a warrior again tonight. let me explain this, about the only good reason to attend the warriors game was to watch his number retired tonight and get a a bobble head. before they unveiled his jersey, the sold out crowd booed owner jacobs so loudly and for so long the mulley himself had to step in. >> with your support and patience, and use that passion in the right direction. the thing is going in the right

way, i've got great confidence in joe. mark jackson, and everything will work out just fine. just a little bit of patience. use that passion. >> the current warriors trailed by 14 at halftime. they come back to take the lead in the fourth quarter. and golden state led 67-66. but you know the disgruntal fans know this is not healthy. put that jersey back on chris, the warriors need you. the cardinals are on track to reach the ncaa final four for the sixth straight year. today the agumake's sisters before the game. they win their school record

30th straight game. the real star was freshman amber urange. stanford moves on to the 316 tonight. stanford men in the white jerseys hosting illinois state in the second round of the mit tournament. stanford down by one. randall hits the three pointer to give the cardinals the lead but it was still 78-78 after regulation. they are now right now in overtime. they haven't scored. how tight is the nhl western conference? i am glad you asked that question. ducks can jump from seventh place to ninth place. the ducks outsoar san jose 3-1. perry on the brick. ducks win 5-3. instead of jumping to third, ducks remain in ninth and sit outside of the

play offs. in case you missed it quarterback manning is headed to denver not san francisco. while alex smith has been offered a contract with the 49ers. he is still unsigned and we just hope they kiss make up. and manny ramirez homers in the eighth victory, 6-5 over arizona. julie and frank. >> it was very strange out there with the warriors. the fans really did not give owner any slack. >> the honey moon ended very quickly. are they upset about the losing and the trade. >> they were upset about losing ellis. and then curry was hurt. they are not really in full regalia tonight. but chris stepped in and showed

he's still a warrior. >> you think tim tebow is heading to washington? >> i'm not sure. i thought manning was going to go to tennessee too. what do i know. >> thank you whatcha lookin' for hon? ah, these new jeans i want. i've been looking everywhere. new blue jeans? oh, don't be crazy, i've got tons of blue jeans. frank! frank! get my jean bin, susie wants my jeans. no she doesn't. here we go. nice and loose. ohhh. those are loose, but i actually just ordered three pairs of this kind. ooooohhhh. oh. when it's on your mind, it's on ebay. at bank of america, we're lending and investing in the people and communities

who call the bay area home. from funding that helped a local entrepreneur start a business... to providing grants to a nonprofit which offers job training and placement... and supporting an organization working to help the environment. because the more we do in the bay area, the more we help make opportunity possible.