until 7:00, won't be open for business for quite a while. >> reporter: the cannabis collective in san jose was shut down by a raid conducted by a drug task force known as cset as well as other agencies including san jose police. officers raided the meridian police. they hauled away that contained marijuana and records. >> i'm a paraplegic, i have no feeling from here down. i use it for spasms. i use it for pain. >> reporter: officers raided two other sites in san jose on tenth street and a closed facility on main street. these are the latest in a series of raids targeting illegal for profit business

operating as nonprofits. one pot club owner said the task force warned them it plans to continue the raid even though san jose and other cities are dropping laws to raid the collectives. >> they told us that they are planning to raid every store that is not conforming. >> reporter: how do you know you are conforming. >> that's the problem, there's nothing in place to know you are conforming. >> because we failed to act, we now have proliferation of san jose. in the end, you sergeant of pay for what you weren't able to get your arms around. >> this is so sad, there's no reason for this. people need the medicine. >> reporter: the task force leader was not available to comment, but a pot club owner was in place from another raid.

live in san jose, robert handa, ktvu channel 2 news. emergency crews rushed to a crash late this afternoon on an east bay freeway just as the evening commute was getting started. a vehicle overturned on northbound interstate 80 in oakland right before the 980 split. witnesses say there are injuries but it's unclear right now how many people were hurt or injured. traffic is backed up in both directions, we just checked the traffic maps and we can tell you it's especially tight on northbound 880 from the oakland coliseum all the way up to the crash site. >> reporter: it's happened again at the tesoro refinery. another power outage and it led to another situation just like happened a month ago that has neighbors concerned about asking for answers. paul chamber social security live outside the refinery tonight in concord with more, paul. >> reporter: the flame is burning once again as you can see it over my shoulder, it's

been doing it all day long. today's failure comes a month after the plant suffered a power failure. this time tesoro takes full blame. >> we didn't lose power from the power facility, we had a shortage that occurred inside the switching station unit. >> reporter: which allowed the company to turn crude oil into gasoline and diesel fuel. >> we had to shut off those units and as a safety precaution, standard procedure is to vent some of the vapors to the atmosphere and to burn them with a flair. >> reporter: once tesoro burns vapors at a certain label, it's supposed to announce to the -- that's when a community wide warning was issued. advising residents that the outage happened. >> i would like to see not having accidents at the refinery. i think it's a big deal for the

health of the people that live around here. >> everything we saw, the air district, we were getting out air samples. we could see no health care impacts. >> reporter: people are still concerned, that these incidents could cause a problem for all residents. >> over years and years of this occurring. what could happen. >> reporter: this is how things looked like last month when this happened. we're told there may be additional flairing, we could come back here live. you can see the flairs continue, that will continue until the power is restored. also a tesoro plant employee was injured, he was treated and returned back to work. live in concord, i'm paul chamber, ktvu channel 2 news. changes at the site of a

toddler tragedy, right now a temporary barrier stands at the site where a toddler was found yesterday. the 18 -month-old boy is still in the hospital with life threatening injuries. according to police, the boy was with his twin sister, his mother and nanny yesterday afternoon when the group came into the hotel to get out of the rain. surveillance video shows the mother holding the children when the boy broke away from the mother and ran away. he was found in the fountain. a 90-year-old man went out for a walk this morning and hasn't been seen since. patti lee has the story. >> reporter: family members are posting these fliers in the streets where they say their father liked to take long walks. they also say he generally

stuck to the sidewalk. oakland investigators says the more likely he wandered into the trails in the near by woods. >> you haven't seen this man walking around the neighborhood? did you. >> reporter: he was last seen leaving for his afternoon walk around 2:30 on tuesday. >> he takes walks two to three times a day. walks sometimes four miles or even more. >> reporter: the former physician was wearing a green baseball cap, and blue jean, pushing a walker like this one, only green. his children say he has favorite routes from which he rarely deviates. >> we're worried that he fell some where, or went off course. >> it's strange that nothing

has been reported. he has a walker which is labeled with his name and phone number. >> i'll keep an eye out for him. >> reporter: neighbors are starting their own searches. >> i appreciate it. >> thank you. >> reporter: driving the streets where they've seen the 90-year-old walking so many times before. >> reporter: police tell us yesterday's rains have not helped the situation. today five oakland officers canvassed the trail, passing out their own flyers. they are also calling hospitals. the procedural vote failed 57-40, that's three votes shy of the number needed to move forward. defense secretary robert gates and joint chief of staff

chairman mike mullen both support the appeal and have urged congress to act before the federal vote is due. the clash between congress and the white house over the president's tax cut compromise heated up today. democrats on capitol hill said they will not pass the bill as it is right now. and if nothing happens before the first of the new year, all of the tax cuts for everyone will end. >> overwhelming majority of members of the democratic caucus told our speaker to send the word back to the white house, don't even come here with this tax plan. >> this may be a lake duck congress, but democrats aren't giving up their power without a fight. today the democratic caucus voted to reject the president's tax bill. >> we are not going to facilitate what we believe is another mistake, plain and simple. >> reporter: house speaker nancy pelosi says any tax cut must support the economy. >> does it reduce the deficit? tax cuts for the wealthy have

been in effect since 2001 and they have not. >> reporter: democrats are angry that the president's plan calls for lowering of taxes. something that is being called a bonus for the nation's wealthiest. even some republicans are now joining the just say no course, raising concern on how the tax cut will increase the deficit. >> we're going to spend another $900 billion. >> reporter: president obama kept up his role as lobbiest in chief, pushing for the compromise in a white house meeting. >> will not only protect working americans from seeing a major tax increase on january 1st, it will provide business

incentives to invest, grow and hire. >> the president warned that this debate over the tax cut could determine whether the economy quote moves forward or back ward. the senate is expected to take up the measure soon, but there is still no formal bill before the house. and democrats say they plan to make big changes in the measure before it comes to a vote. the tax cut stalemate could leave tens of thousands of californians without an unemployment check and right before the holidays. the president's plan would reinstate unemployment benefits that expire next week. but if there's no vote by saturday, those checks will stop on monday. one man in oakland says many people are barely getting by everyone with those unemployment checks. >> a lot of people are in my situation, and it's very hard. this is the outrage that they are not going to help people that need the help. we really need the help. it's single moms who just need to have that for their kids because they don't have a job right now. >> there was some encouraging news today about unemployment.

a new government report shows applications from jobless benefits have dropped to the second lowest levels this year to 121,000 last week. it was a slow day in wall street that ended with mixed results. the dow slipped, but the nasdaq gained some. financial stocks performed well despite a sluggish day. take a look at those numbers. the dow fell about two points, nasdaq gained about 7.5. hundreds of passengers were left stranded on a plane last night on sfo. more than 200 passengers on board qantas 474 were stuck on a plane for 4.5 hours. qantas said the plane was dealing with an auxillary problem. >> the fact that they're a four flight carrier, they may be exempt. so they may be exempt, i'm not exactly sure. >> after the passengers were

finally taken off that plane they were sent to a near by hotel. their flight is now expected to depart sometime about 8:00 tonight. a group describing themselves as angry mothers, blockaded a pg & e center in santa rosa. organizers say that some utility customers have reported headaches and other illnesses after pg & e installed the smart meters on their home. one mother said that fear drove her to this protest. >> i normally would never do this, but i am not, my civil liberties are being violated. i have no choice in this matter. they want to put a radiating smart meter on my home. i have two small children, i have the right to protect my children and that's what i'm doing. >> on their website, pg & e states that their meters do not pose a health hazard. what bay area scientists say they are doing to help them predict the big one. amazing picture that is

we're showing you this by the way, no accidents. why authorities in san diego purposely torched this house. and members of the royal family were caught up in a demonstration, we'll tell you who was in that royal car. and we have some storms that could have an impact on those commutes the next couple of days. i'll see you back here.

a house near san diego went up in flames today in a spectacular fire that was deliberately set by authorities. the house in san diego was so packed with illegal homemade explosives that the bomb squad determined that this was the only way, the only safe way to destroy the bombs. and today's controlled fire did go as planned. residents in the area cleared out oaf their homes -- cleared out of their homes for a day.

the sheriff says it's amazing the house didn't go up in flames on its own. >> the injury to mr. garcia, i think it was just a ticking time bomb waiting to go off. >> reporter: later in the day, the smoke dissipated. the freeway reopened and people are expected to be allowed back into their homes sometime tonight. police still dent know why the resident who liveed in that home had so many explosives inside the house. he had pleaded not guilty to federal bomb making charges. berkeley seismologists are launching a new program. one that might put them in the forefront of predicting earthquakes. next year, the seismologists will start putting sensors in order to study tremors. the lab says that it is an important step, because changes in tremors may proceed earthquakes. just yesterday evening it

was the rain that was hampering our commute. now our chief meteorologist bill martin is here to talk to us about something that will change our weather. >> the next few days with the wet ground and the mild nights, it could be called cold. dewpoints are high, fog will be the story as we go into a drywet weather pattern. -- dry weather pattern. you may have had a few sprinkles in your neighborhood today or in your backyard as some very light showers moved through the area. out here by the radar in sa sacramento that's just round quarter. yeah, definitely gasia we are back into the fall. and a drier weather pattern. patchy valley fog, i don't think it'll be hard to get a dense fog advisory as we roll into tomorrow, maybe into saturday as well.

i mean it's for the weather service to decide. but there will be areas. if you had it sense this morning, you will have it dense again tomorrow. the ground is wet, the humidity increases. the dewpoint temperature in the north bay, 50-degree. around 50-degree, so when the temperature drops and hits 50 degrees, condensation occurring and you have fog. this is the kind of fog that gives you the really poor visibilities. you knew that. but that's the idea. and interesting about dewpoints, once dewpoint is reached, tonight it's 50 degrees, it reaches 50 degrees fog forms. once fog form, temperatures will not drop further than that. so 50 degrees the overnight low. fog is condensation if you will. you didn't need all that. but the idea is fog is back in the forecast. overnight low in livermore, 50

degrees, 53 by 7:00 a.m. valley fog an issue. noontime about 58 degrees. 61degrees tomorrow for daytime high tomorrow in livermore. five day forecast will look right at your weekend, hour by hour. i'll see you back here. >> we'll see you then, thank you bill. the u.s. senate delayed a vote on a bill named the dream act. that bill will give young illegal immigrants that were brought to the united states a path to citizenship. the senate plans to take up a slightly different version of the bill passed by the house next week. thousands of students furious over a huge tuition hike fought with police in london england today. the protesters are angry over a vote to remove an annual cap. the government says it's part of a plan to cut a massive

deficit. at least three officers were injured along with 38 protesters. caught up in the middle of that demonstration was a car carrying prince charles and his wife camila. protesters kicked the car and threw paint on the car. -- that enforces a ban for fees on textbooks. the lawsuit stems from a -- violated constitutional guarantees of free and equal public education. the settlement still needs to be approved by a los angeles judge. a san francisco woman who got a sex change operation is suing the dmv. what she says the dmv clerk did that violated her civil rights. it's ahead of schedule, the one thing caltrans is pointing to that will allow them to

finish the bay bridge earlier than expected. it happened 30 years ago, jim morrison found guilty of slashing one of his audiences face. mountain lion sightings in the south bay doubled since last year. find out where the most were reported and what to do if you see one. and, an old railroad tunnel in the north bay is open again for traffic. but not for trains. find out who will get to use the shortcut through mount tam, tonight at 6:00.

bay bridge commuters take heart. caltrans announced today that the new span of the i bridge

will open ahead of schedule. >> good, it's about time. they've been working on it forever. >> the first traffic will flow on the bridge and shift once again by summer, caltrans will be rerouting eastbound traffic. then finally a bit of surgery. >> we will cut off the old portion of the bridge so that we open up this area and we can get a construction crew down in there to complete this bridge that we're standing on. >> bridge officials credit a package of incentives they offered to ramp up segments from china. those incentives they say led to fewer delays and a projected opener of the eastern span by the end of the year 2013. san jose police are set to begin implementing a new policy on towing cars belonging to unlicensed drivers. right now cars are impounded for 30 days when an unlicensed

driver is pulled over for a minor traffic violation. the new policy beginning as early as next week would allow the violator to avoid a hefty fine by calling someone else with a license to pick up the car. critics say the plan takes away a valuable tool in an effort to keep unlicensed drivers and drivers with suspended driver's licenses off the streets. a florida clemency board today pardoned morrison for an indecent exposure. surviving members of the doors who were on the stage with

morrison at the concert say simply, it never happened. the pardon came a day after morrison would have turned 61 years old. a dmv employee used the dmv letterhead to write a sex change person a letter telling her she made an evil decision. you think it would be a perfect fit, but find out why harvey milk supporters say that's not the case. plus, a new high speed rail location, where it is coming up.

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i think harvey would be appalled by this. you would think it would be a good fit. a gay rights group moving into harvey milk's old headquarters in the castro. but friends of the slain leader said not so fast. they are seeing problems with the new tenants. >> reporter: from the outside it would seem to be a perfect match but friends of harvey milk tell us they want to learn a bit more about the intentions of the gay and lesbian lobbying group that's set to move into his old headquarters. >> this exhibit will actually be permitted. >> reporter: the store front is

a place of pilgramage for tourists. >> i think harvey would be appalled by this. and i recent it, i find it offensive and i intend to do everything i can to stop it. >> reporter: jones is talking about the plans of the gay and lesbian lobbying group that sells merchandise. >> we're trying to change the world like harvey milk did. >> reporter: the hrc will donate a portion of the proceeds from the new store to a san francisco school named after milk. but the gay rights group works too closely with corporate

partners, say opposers. >> he identified with the poor and working class, hrc is an elite organization. >> i think my one concern would be what actually constitutes an actual center and what kind of foot work they hope to stimulate among people that would be interested in lobbying their leaders. >> reporter: the hrc says it aims to promote activism while honoring milk's optimism. >> i don't think that the san francisco bay area has exclusive rights to the harvey milk legacy. >> reporter: tonight there are new developments in this story, jones and local representatives from the human rights campaign told us they hope to work out their differences before the hrc is set to move into the headquarters behind me in january. david stevenson, ktvu channel 2 news. san francisco mayor gavin newsom had some advice to the person who takes his place.

ktvu spoke with major newsom this morning on mornings on 2. he said he learned some hard lessons after governing the city. >> when you're governing a city, they don't care that you are a republic or democrat. they care that you get the job done. i learned that the hard way. i hope people will find in their next mayor whoever he or she may be. >> newsom also said if the current board of supervisors does not select an appropriate person, he may delay his start date as lieutenant governor when a new board of supervisors is seated. looks like more high speed rail money is coming here to california after some said no to the federal money. >> the states don't want the funds, they should be utilized. they have to be utilized in projects that don't become a burden on the taxpayers. >> reporter: today the department of transportation announced that several states including california, new york and florida will get a share of

$1.2 billion. now it was originally supposed to go to ohio and wisconsin. but new governors in both those states rejected the money. >> certainly when states give up their funds, they know they are not ready, we want to make certain that the projects that are getting the money are ready and we're doing that. >> the state had already received more than $3 billion for high speed rail. following the announcement, bay area congressman giramendi praised the decision. as the state legislator, giramendi passed the decision to get funds for high speed rail in california. -- the private information of drivers stays private. that includes uncovering security breaches. federal safety officials

warn that laser pointer attacks on airplanes are on the increase, endangering pilots and passengers. the number of incidents have jumped in the last five years from less than 300 to 2,200. at san jose international airport, children and teens often are responsible for the strikes and may not know the damage they could potentially cause. >> the pilot, best thing i can explain it it's like a flashbulb going right in front of their face. we've had pilots that had to be grounded because it actually hurt their eyes. >> san jose has had 67 laser strikes. oakland had has 45, and san francisco international has had 37. secretary of state hillary clinton is expressing concern over the treatment of indiana's embassador. kanshar was in mississippi over the weekend to talk about

trade. she was singled out and forced to undergo a public pat down, everyone though she had diplomatic papers. indiana's foreign minister called the pat down unacceptable. secretary clinton said the federal department is looking into it. what mark zuckerburg says he's going to do with most of his money. and amazon.com dodged a cyber attack, who launched it and why. and the surgeon general has released a new warning about secondhand smoke. what he wants you to know. lightning fast. lightning strong.

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facebook founder is one of 17 billionaires pledging to donate the majority of their wealth to charity. part of a humanitarian effort launched by buffet and gates. now to join the effort they've publicly agreed to give the majority of their wealth to charities either through their lifetime or after their death. today, it tried unsuccessfully to take down

amazon.com after targeting visa, mastercard and pay pal earlier this week. >> no one country's laws can really govern it and it creates a very free wheeling situation where any bad actor can do what they want relatively free of any legal limitation. >> the justice department says so far a 16-year-old boy has been arrested in the netherlands in connection with the cyber attacks. it's one of the most popular games for smart phones. and now fans of angry birds plans to celebrate the one year anniversary of it's debut. fans of the smart phone app have dubbed this saturday angry birds day. they say hundreds of people around the world are planning to come together to celebrate the game in where birds do battle with pigs. 3million copies of the game have been sold plus another 30 million down loads of it's free version. google has released the

list of some of their most popular searches. news, technology, fastest rising searches and fastest falling. the fasters rising terms typed into google included chat roulette, i pad and justin beiber. the fastest, swine flu, new moon and susan boyle. today the surgeon general issued a new warning about smoking. according to the report, tobacco smoke begins poisoning immediately with more than 7,000 chemicals in each puff causing cell damage in nearly every organ. the surgeon general says 2 million americans die every year of tobacco related illnesses. the life expectancy for americans has dropped slightly. americans are living about a month shorter from 77 years and

nine months to 77 years and eight months in 2008. the report also says that for the first time in 50 years, stroke fell from the number three leading cause of death. it was surpassed by chronic respiratory decides which include asthma, we're talking about valley fog and your weekend, i'll be back here in just a bit. mountain lion sightings in the south bay doubled since last year. fine out where the most were reported and what to do if you see one. and an old railroad tunnel in the north bay is open again for traffic. but not for trains.

find out who will get to use the shortcut through mount tam, tonight at 6:00.

tonight a southern california mother is here in the bay area keeping her slain son's memory alive and pleading for his murder's capture. his mother says time has not brought her closure. rob roth live now in san francisco with more. >> reporter: we're in golden gate park at the stairs leading to the horseshoe courts. it was here just about two years ago that 20-year-old brendan evans died of a gunshot wound. his mother left these flowers to mark the anniversary. and she's on a mission to help find her son's killer. evans mother and younger brother this afternoon unfold a banner they brought from their home in san diego. she says the violent death of her son is exacted a toll no family should have to pay.

>> i feel like it's just been worse as time gets further away. it just -- i find myself more depressed than it gets better. >> reporter: christina evans has established a website, justice for brandon.com. and she now has these two private investigators in the case. the investigation is being chronicled by a tv crew. >> the body was recovered right here. >> reporter: evans had lived in san francisco for just a two weeks when in november of 2008 he went to a party at the horseshoe. he went to retrieve a cell phone, on his way back, he but shot to death. police investigators handling the case would only say he's tracking down several leads. the private eyes say they've been communicating with someone who may have solid information.

>> that could actually lead to possibly a motive of how this exactly happened. >> reporter: and a suspect? >> possibly, quite probably, yes. >> reporter: the investigators stress they intend to share this and any leads or investigations with police. christine evans say she will not stop. >> i don't feel any hate, but i cannot walk through life knowing that this person knowing they got away with it. >> reporter: reporting live, rob roth, ktvu news. we have more news coming up on ktvu channel 2 news at 6:00. the warning going out tonight after a mountain lion killed a deer. what makes this more concerning is where that deer caucus was found. they were working in front

of their home on a car. the actions one of the victims took that stopped those robbers dead on their tracks. this bay area railroad tunnel has a lot of history behind it but it hasn't been used in years. tomorrow that will all change. the new use for the tunnel and how it's going to make near by streets a little safer. plus remember that santa who was fired from his job at macy's at union scare. the high profile tv show he'll be appearing on. those stories and much more coming up next at 6:00. the berkeley city council is putting a stop for plans to install cell phone boxes on telephone polls. the council passed an ordnance allowing the city to regulate on deny them based on esthetics and safety. team mobile was working on the boxes. the boxes about the size of a mini refrigerator are being

protested because they say they are unsightly and noisy. how about that, the president and first lady along with their two daughters lit the white house christmas tree. >> a second ago, the three of us were trying to figure out the last nice weekend we had in the bay area. we could not come up with it for weeks. >> we're looking for a warm up. sunshine, the only downside will be that fog that i mentioned. that could cause issues driving through that valley nights and mornings, early nights and mornings. right now i have a few sprinkles. i'm using the sacramento radar just because it's up in the forecast here. a few sprinkles, not a big deal, and what's left of it kind of dying out. it's all moving north now. here's how it breaks out.

with the fog or rain leaving, the ground is moist, relative humidity is high. it does have a huge impact, in many ways more than the rain and the wet weather especially once you get into those inland bay valleys. 99, five and 505 it will have a big impact. you start seeing everything lift up. that's what we're going to see a broad ridge, a fair weather ridge is going to build. today was mostly sunny, partly sunny. the weekend warmer. winds are going to go north- northeast a little bit. that could produce strong winds. that's about 5,000 feet, that's as we go into your bay area week end. tomorrow a nice day. the fog will build up, it started a little bit today, a little more saturday, a little

more sunday. i built up the map, i put too much fog. i wanted you to get the idea that it'll be in the bay first then move out to the valley. i expect it out toward napa, alexander valley, the north bay, maybe as far south as morgan hill as well. daytime highs tomorrow 61 in concord, 61 in fairfield. friday looks good. warmer saturday, sunday your warmest day. it'll be like gasia mentioned, but we are looking at one of the warmer weekends, nicer weekends we've seen in a while. whatever outdoor plans you have i think they'll go off without a hitch, but the fog will be there. the dewpoints are running in upper 40s, low 50s. so that's as cold as it can get. so most spots, when you wake up in the morning you'll be in the 50s which is kind of unusual for this time of night. looks like a piece of cheese play have been the lucky charm for a california rocket company that made history this week. the company space apps became

the first company to launch a spacecraft and return it to earth. today the company released this photo, a round of cheese that was bolted to the bottom of their craft. and what thousands of california will be counting as they look up into the sky over the next week. plus a sea lion send off. who was there to watch these sea lions return to the wild.

thousands of californians will head outdoors this holiday season on the look out for birds. the bird enthusiasts will take part of the 111th audibon bird watching bird count. more than 100 counts are scheduled and it's expecting more than 5,000 volunteers. some bay area students were on hand to watch something pretty special. two sea lions that had been sick and injured have been released back into the wild. >> reporter: this morning three

sea lions ended months months of treatment and released back into the wild. dozens of school kids were there to watch. >> no we would never see it in richmond. >> never. >> many of these are seniors, and we brought them as freshman and at that time many of them had never seen the ocean. >> reporter: like sea lions, humans can come down with illnesses. >> many of these things like demorick acid can also potentially infect people. >> reporter: the release of

three healthy sea lions on the beach not too far from the center was a triumph from the center. the vet says looks like silent night came down with something a human can also get. a shotgun blast to the head. >> we unfortunately do see a fair number of animals that have been negatively impacted with people. >> reporter: the center is hoping silent night will some day be able to do this and look back only to finds kids and adults who respect their role in all our lives. kraig debro. and kraig was just mentioned a sea lion there named silent night that had been shot. we have a crew at the marine center checking on silent night. we'll have that story for you coming up tonight on our 10:00 news. we also have much more news ahead on our ktvu channel 2 news at 6:00 which is next. >> we will show you a brand new

path way that's going to please thousands of north bay bicyclists, coming up.

i just grabbed my piece, came out. fired two warning shots.

a union city man takes action to defend his friend and himself from robbers. the beef he now has with police investigating the incident. how this short tunnel is creating it a safer pass for some. -- creating a safer pass for some. good evening i'm gasia mikaelian. >> and i'm frank somerville. julie haener has the night off. it's a short path with a long history and now this newly revamped tunnel is set to make a big difference for bicyclists and pedestrians. the tunnel cuts through to the landsford landing. jim vargas is live from the tunnel tonight on why it's needed. >> reporter: i'm at the northern end, this is san rafael. but right behind me, go 200 feet, a three minute bike ri