in the name of food. images of west oaklan surrounded by families. there's pat harris. >> we have milk and everything but no real sit down dinner food. >> reporter: and these are her neighbors. two families frustrated with the lack of a supermarket and fresh food in west oakland. >> for day-to-day things, just a run to the store we'll go over to san pablo and 40th. that is the emery voter to the pack and save over there. >> reporter: tonight at city hall, the oakland city council will debate whether to expand its imminent domain powers in order to get a 72,000 square foot market. in essence buying out small business to bring in a big one. >> it would be beautiful, it would help me. especially if you don't have transportation. >> reporter: imminent domain allows cities to buy properties even though the owner does not want to sell. the west oakland bart station and the near by u.s. postal

service are two examples of imminent domains, homes and small business eliminated for this. >> historically west oakland has been pretty much the victim of imminent domain. >> reporter: daniela reef says that a market would be nice but not if it would be by imminent domain. >> we're here to help the community. to raise nutrition awareness. >> reporter: one of the big property owners involved in this debate declined to be interviewed. but he did tell us that he's not happy about being forced to sell. the council expected to take some sort of action on this issue tonight. live here in west oakland, mike mibach. the caucuses of an 80-foot

blue whale and its fetus has washed ashore. marine mammal researchers have yet to remove them. there's no word yet on what might have called the pregnant whale. the 17-foot long fetus was found near by. scientists say the fetus was likely expelled after the body of the mother whale washed ashore. they say it likely died four or five days ago. seven alhambra football players have been suspended after an apparent hazing incident caught on tape. the incident happened as the freshman team was getting suited up for practice. the coach was already on the field. >> they taped his legs together. there were some punches thrown, there were a group of students that were spectators but were egging on. >> reporter: the parents told his parents what happened that night and they called the school and officials.

the ring leader may be expelled. police say they have obtained cell phone and surveillance video of that incident. investigators have released a sketch of the latest attack in a apartment building. this is the fifth attack at that complex since june. another suspect is already in custody accused in a first three attacks. freemont police say the search for a man accused of running down one of their own is leading investigators to southern california. ktvu's maureen naylor is in freemont with a newly released picture of the suspect and the latest on the officers condition. maureen-- >> reporter: julie, freemont police this afternoon released this photo. they want everybody to be on the look out for this man. they say he's on the run, extremely dangerous and everyone who sees him should not approach him but call 911.

police have issued a warrant for alexander diaz. they say he was behind a van and intentionally ran over a motorcycle officer. diaz ran off, they aren't sure if he's still in the area or headed to his home in southern california. >> it would be unlikely for him to stick around too close to freemont because everybody is outlooking for him. we did get a no bail warrant for his arrest for attempted murder on a police officer. so he knows that he's wanted. >> reporter: police won't say how they identified diaz. investigators were at san jose's regional medical center this morning showing the injured officer a photo line up. police say 43-year-old officer patrick brower is in pain but recovering and could be released later this week. >> i talked to him this morning, he's in good spirits, he's under a lot of morphine.

he had extensive damage to his leg. compound fracture, crushed toes that kind of thing. >> reporter: while officer brower recovers, police are trying to find friends and family of diaz. they've alerted officials to be on the look out for him. reporting live in freemont, maureen naylor. anger over a string of burglaries in the santa cruz mountains has led someone to distribute fliers calling for vigilantes to go to work. the fliers are images of two young people conducting a burglary. and it encourages victims to hunt down the two suspects. the surveillance video itself is posted on you tube. >> i wouldn't say vigilantism is setting in yet. but if these two guys keep going, they're going to put

themselves in a situation that it's not going to be good for these guys. >> the sheriff's department reminds people that there are consequences for taking the law into your own hands. frank, have a look at it right over here. from this and many other rivers, creeks and drains, run off from hundreds of thousands of acres send billions of the gallonsover polluted water right into if bay. the institute's big emphasis this year, the impact 7 million bay area residents have on the bay. >> the growth we've experienced come increased pollutants with every person. >> reporter: that's because roads going through

neighborhoods are not landscape but hard scaped. >> any urban landscape that allows the water to run off very quickly will have contaminants that run off very quickly as well. >> reporter: open spaces contribute the other half. >> for some pollutants we find run off can be ten times or more greater source of pollution than our waste water. >> reporter: that includes lawn and garden fertilizers and pesticides. as well as zinc from tire as they wear. vehicle lubricants, mercury from batteries even long ban but still present pcbs. >> if it falls on the road it can get into the storm drain and it can get into the bay. >> reporter: the fact is didn't take me more than a nute to pick all of this stuff out of the water. the problem is this is happening everywhere around the bay. >> local urban run off is actively the most significant source of pollutants getting

into the bay. >> the fact is its simple math, reporting live, consumer editor tom vacar, kt v channel 2 news. today san francisco da pamela harris and steve cooley sparred over the death penalty, climate change law and the wisdom of defending proposition eight. the gay marriage ban in court. >> proposition eight was passed by a majority of the electorate, it was deemed to be a 6-1 vote constitutional by the california supreme court. therefor it should be defended by the attorney general where the attorney general believes in it or not. >> now that proposition eight has been found to be unconstitutional, that is federal district court -- by a federal district court judge.

that we should not use the resources of california to defend a law that is not constitutional. dozens of united farm workers went to the officer of meg whitman in cuper to the tino with signs that said i am nicky. union members called on whitman to support a plan to allow undocumented workers to obtain legal status. we will get the first look at california's new budget agreement tomorrow. the big five announced they had reached an agreement on a spending plan last friday. but have kept the details secret. tomorrow the proposal will be made public. lawmakers are expected to vote on the plan thursday. it needs a 2/3 majority vote to pass. the state has been without a budget since the fiscal year began july 1st, the longest

ever since delay. ford is tightening its budget belt. what dealers plan on -- what dealers plan on dropping and what we've learned about some bay area locations. a program is reborn. the financial fall and rise of an east bay hospice that catering to dying children. right now i'm tracking some showers in our area on live storm tracker 2. will you see sprinkles in your neighborhood? i'll let you know. it's the first of it kind program and it's right here in the bay area. the advantage hundredsover kindergartners have to pursue college dreams.

the dow jones soared 193 points today. the bank of japan cut its interest rates which helped push stocks higher. the nasdaq was also up by 53 points. ford is cutting 195 lincoln dealerships including at least one here in the bay area in order to revitalize the luxury car brand. a spokesperson says the franchise is included in the list of dealerships ford is planning to close. there is a new beginning tonight for the george mark lincoln house. tonight it is back in business. ktvu's rob roth is in san leandro with the details. >> reporter: this is the only

hospice for children in the west coast. the economic crisis caused it to shut down for six months, but today it reopened. patrice smith likes flowers, so this afternoon she and her dad went to the garden and snipped off a rose. patrice has an inoperative brain tumor. doctors say she has months if not weeks to live. >> reporter: she loves horses and animals. >> reporter: when the economy plummeted so did donations. but today it was reborn where health insurance companies will pay for much of the patients stay. >> the insurance companies is

cheaper for them here. the setting is about two times to three times as much as over here. >> reporter: george mark reopened in time for one of its tiniest patients leandro. his mother told us she's grateful she can bring her baby boy here. >> she thinks he's going to be better here when he passes away. that he's going to be here with family and he's going to be better here. she doesn't want him to suffer and she thinks he would do that in the hospital or at home. >> since we know what was going to happen, and we want her to feel comfortable. >> reporter: the staff here says they are confident this hospice will stay strong enough financially and be here for those children and families who absolutely need it to be here. reporting live in san leandro,

rob roth, ktvu channel 2 news. california is now the first state in the nation to have a living donor registry for kidney transplant. governor arnold schwarzenegger signed the áf bill -- signed the measure. the measure accomplishes the registry and asks california to become an organ donor on their dmv application. >> the governor says only 1/4 of eligible people are registered. today mayor gavin newsom

unveiled the nation's first city funded college savings plan. 1,200 keupbder 1,200 kindergatners get $50. the money can only be used to pay for college or vocational school. >> they have a trust fund of sorts. a college savings account and they have friends in the private-sector that are going to match the contribution to have the city. >> reporter: city officials point to a national study that shows children with some amount of college savings are about seven times more likely to go to college. a number of small earthquake rattled communities across southern california today. the largest quake struck off the coast of humble county. the quake hit about 8:00 this morning. here in the bay area, a number of small earthquakes have struck santa clara county. the biggest one a 3.3 magnitude earthquake hit just before 6:30

this morning. the quake rattled an area of minlow state park. reno is breaking records when it comes to its weather. more than an inch of rain fell yet at the reno airport. that broke a record of about .25-inch. a mountain pass had to be shut down because of snow. the area has been under a winter weather advisory through this afternoon. just last week, reno endured a record setting heat wave. >> boy, thing change fast. is it unusual bill for them to get snow up there at this time. >> not really. it happens it's not extremely unusual. it's a little bit early but we've seen that before. we've seen snow up there in september. it just shows you things are changing. and you're right, last week we had heat records. there's the snow in the mountains, the rotation around this low, it's interesting it's coming in an unusual direction. let's put the low right around here. look at the rotation in this activity.

it's going up towards us, big spin. it's not a big deal. basically we're looking at scattered showers. the winder weather advisory has been dropped -- the winter weather advisory has been dropped. just like today, i think tomorrow is almost a repeat of what we had today with those showers. one spin could hit us, but even if it did if it amounted to .1 of an inch. here's the low. it has temperatures on the mild side. it's helped the fire danger because the fire danger is down. maybe a sprinkle tomorrow. temperatures in the 60s or 70s just like today. tomorrow, a lot like today. as we get into thursday, friday, saturday temperatures start to ramp up again and they warm up into the 80s. forecast highs tonight, yellows are 70s, greens are 60s. so a mild day yet again for

your tomorrow. coastal fog? not really. there might be a few strays, we might not see it back any time soon. the forecast tomorrow, there will be some low clouds in the area, should burn off quickly whatever is out there. and then tomorrow just patches of cloud along the coast and patches of cloud around here with temperatures in the 60s and 70s: forecast highs tomorrow, 74 in gilroy and a five day forecast that is warming up. there you go. >> look at that weekend. >> it is interesting the reno thing and we had the heat here last week. >> it's like one extreme to the other. thank you bill. an angry protest today aimed at jerry brown ended with several people being taken into custody. dozensover immigrant rights activists rallied outside of brown's san francisco office this morning. they are accusing the attorney general of blocking the city's effort to opt out of a

controversial federal fingerprinting program known as secured communities. they say it's threatening san francisco's sanctuary city status. >> he's the one through a memorandum of understanding who allowed i.c.e. into the state of california to implement this horrible program. >> reporter: the program allows agents access to fingerprints taking at county jails. i.c.e. says s-comm is making the country safer. plenty of action today with the giants at at&t park. yes the giants back on the field for the first time since sunday in preparation for their series against the braves. we'll have a live report coming up in sports.

play off fever has struck the area. fans can celebrate, the team has to get ready for the national league series. game one gets under way on thursday. and joe fonzi is live tonight inside at&t park down there on the field, hey joe. >> reporter: that's right, frank. there are 30 teams in national league baseball and all by

eight of them are in the play offs. the giants are back on the field after the win that clenched the national west. for the veteran, what they've done and where they are hasn't quite sunk. >> you spray the champane after you're done. once you finally have that day to reflect on it and wake up from the hang over -- just kidding -- you kind of realize what just happened and this is real and it's -- you cherish it man. >> i think zito said it best. a couple of guys said, make sure you enjoy this because it doesn't happen all the time. and he say, come on. it seemed like it happened all the time over there. and then it took him five years to get back. it's something you try not to take for granted and you

definitely enjoy. >> bruce bocci didn't say who his fourth start would be if a fourth game is necessary. one other bit of news, and there's speculation on who would make the roster. there is some word that zito may not be on the roster. right now it's all about the giants, lots more at 10:00. for now reporting live at at&t park, i'm joe fonzi. >> the lights did not go dark at at&t park. we had a little bit of trouble there. >> the sun went down quickly there. and coming up on bay area news at 7:00 on tv 36.

a new ad campaign is questioning the mayor's financial past. but we spoke to the city leader and she has a different take on it. the full story on that coming up next on tv 36. that is our report for now. i'm frank somerville. >> and i'm julie haener, for everybody here at ktvu. thank you so much for joining us tonight. >> have a good evening. >> good night.