samaritan assistance, police say the suspect would have been able to run out of the store into this parking lot where you can see it would have been easy to hide in the crowd of cars and people. deny is a waste management driver and reluctant hero who did not hesitate to get involved in a scrim -- sequimish at -- squirmish at wal-mart while others watched. >> it caught me off guard. he put his hands on my little girl and that's when i knew this isn't a fight. this isn't a guy stealing something. he did something serious and the little girl was really really upset. >> reporter: the suspect, 29- year-old carlyle vilizon is under arrest. surveillance tape shows him approaching approaching the girl -- approaching the girl in the toy aisle. his arrest is not the end of the story which has become a warning for parents everywhere like this parent. >> with the incident that

happened a month ago at the 99- cent story it's scary. you have your kids with you and the next thing you know it's horrifying. >> reporter: this security expert for retail stores says parents cannot rely on security cameras or guards to keep their kids safe. >> we have to plan out going to the store almost with your children, you know, about how far they can walk away from you, what's okay, what's not. >> reporter: dino pretty -- puretty says he's not looking for attention but has a message to share. >> don't let them out of your sight. >> reporter: police say the victim was only separated from her mother for minutes when this happened. they say the suspect is not a registered sex offender but has a record including a 2008 conviction for making terrorist threats. he will be in court tomorrow to face new charges. reporting live in san leandro, patti lee, ktvu channel 2 news. there is sad news to report tonight about a toddler who fell into a fountain at a san

francisco hotel last week. 18-month-old owe layoff '88 -- oliver ma tara -- meterra died. the boy had wandered away from his mother, nanny ask -- and twin sister. after a frantic search he was found in the lobby's fountain. he was later revised but died on saturday. the hotel is working on plans to improve the security around the fountain. the future of medical marijuana in san jose is being hotly debated. they are holding a session dedicated solely to the future of medical marijuana clubs and emotions are running high. robert handa live in san jose tonight with more on what's going on right now. robert. >> reporter: we are at city hall and there is a very emotional meeting going on right now inside. we just stepped outside where the city council is trying to figure out how to control and regulate pot clubs even as the number of pot clubs and the

community anxiety level keeps getting higher. >> stop the raid. >> reporter: medical marijuana supporters crowded into today's special session of the san jose city council. council members want to come up with pot club regulations even as dispensaries complain of ongoing law enforcement raids including two last thursday. >> i believe that it would definitely help in stopping the raids that -- guidelines to follow and implementation of, you know, set course that we are allowed to follow. >> reporter: today's meeting also follows a controversial fundraiser by supporters last friday to protest the raids. >> the smokeout was really more almost an act of civil dis obedience versus something that i think was productive. >> reporter: the council says it wants to reconcile conflicting federal and state laws since southeast voters -- san jose voters approved pot clubs. >> move forward with the financial regulation which is

auditing and those collect as paying a gross receipts tax. >> reporter: medical marijuana supporters encouraged the council to move forward. >> keep safe access. don't make 93 go get the medicine of my choice for my teenage son illegally on the streets. >> i've had 14 major surgeries, been in a comba, life support -- coma, life sport, blah, blah, blah. now we need places to get the medication safely. >> all these scare tactics, i don't get what it's about. >> reporter: but mayor chuck reed says if or when regulations are in place, the raids may not end. >> we need to have regulatory system with a small number of collectives, not 99 dispensaries popping up everywhere they want to go. >> reporter: now, the number of dispensaries has become an issue with the council. we just stepped out of there a few minutes ago and they are still discussing if these dispensaries really are following state law. right now they have not ruled out a moratorium or even

banning pot clubs altogether. though this is the first in a series of scheduled public hearings. live at city hall, robert handa, ktvu channel 2 news. a man has been arrested in connection with two recent bank robberies in the east bay. 27-year-old graham poole is in jail tonight in lieu of $100,000 bail. he was arrested last week after investigators found evidence in his home linking him to a bank robbery in martinez and another in lafayette earlier this month. police also say poole is likely linked to another robbery in the sacramento area last month. the preliminary hearing for seven defendants accused of gang raping a richmond high school student was put on hold today. the hearing was supposed to continue this morning but because of a personal emergency involving one of the attorneys in this case, the session now won't be held until wednesday. there are two more witnesses left to take the stand. the lead police investigators and a dna expert. witness the hearing is complete, a judge will determine if there is enough evidence for the men to stand trial. the numbers are in, the

california secretary of state's office issued its official results for last month's election and the numbers were big. voter turnout hit nearly 60%. that is the highest for nonprobably elections since -- nonpresidential elections since 1964 and the trend toward voting by mail also continued to grow with 48% of the ballots cast from home compare that to 42% for the last election for governor back in 2006. late this afternoon, the president's tax cut compromise plan easily cleared its first legislative hurdle. in a test vote taken latest this afternoon -- late this afternoon the u.s. senate approved a bill to extent tax cuts for all u.s. taxpayers. the measure extends federal unemployment benefits for 13 months as well as a number of clean energy tax credits. president obama says the vote shows both parties can work together to grow the economy. >> i recognize that folks on both sides of the political spectrum are unhappy with certain parts of the package and i understand those concerns. i share some of them.

>> now, the senate could take a final vote tomorrow. house democrats have spoken out against a plan saying it gives too much to the wealthy, but today house leaders said they will approve some type of tax cut compromise. anticipation of the tax vote in the senate kept stocks high most of the day but in the end they closed mixed. wall street has been rising slowly but steadily since the president announced his compromise with republicans in congress. the dow was up slightly today gaining 18 points, the nasdaq dropped 12 points, a loss of just under one half of 1%. a big announcement now from wells fargo. the bank says it's cutting more than 100 jobs in contra costa county. it's eliminating a wholesale mortgage lending operation in concord and the 137 jobs that go with it. the concord facility processes loans for third-party brokers. wells fargo says workers will get 60 days notice and it will help them try to find other

positions within the company. it is looking to be a banner year for the nation's package shippers as more and more people are shipping holiday presents to their friends and families and what makes this note worthy is that shipping is an important economic indicator. ktvu's consumer editor tom vacar is live from oakland international airport where both u.p.s. and fedex have major operational hubs. >> reporter: it may be quiet outside here but if you take a look over here, i assure you inside it is hell bent for leather, a rush to get packages sorted and shipped but this is way more than parcels and packages. these are critical economic indicators that affect every one of us. at the u.p.s. store in san francisco's polk street, customers got a pleasant surprise when yahoo.com picked up all their shipping costs encouraging those customers to pay a good deed forward. >> i love it. nothing per pitch waits the feeling of the -- perpetuates

the holidays like doing something for somebody else. >> reporter: shippers are seeing the grinch that stole the last two christmases take a hike. >> when it comes to the economy, they say good things come in small packages. i think in this case good things come in a lot of packages. >> reporter: these aren't just packages. they are pointers. >> what it means is people are spending more and the consumer aspect of our 70% consumer driven economy is beginning to kick in and we saw that -- early indications of that in back-to-school sales. >> i think there are a few more sales out there. a little bit more online shopping, some of the deals are good. it's inspiring people to go ahead. >> people are spending, people, you know, have money and i think again with businesses are offering for free shipping, the deals you're seeing now. >> reporter: compared to today a year ago, today is fedex's best shipping day and it will ship 16 million packages. that's a whopping 13% better than last year. the u.s. post office will have

its best day a week from now, 800 million letters and packages. and u.p.s., u.p.s. u.p.s. will have its best day on the 22nd with 22 million packages, an increase of seven 1/2 % over last holiday season. and when it comes to buying online. >> free shipping has been a trend for a couple years but this year it's really gaining a lot of momentum. >> reporter: now coming up at 6:00, how free shipping is becoming a must have for online retailers demanded by consumers. i'm consumer editor tom vacar, ktvu channel 2 news. environmental groups are saying california is seeing a big jump in recycling and the reason could be the economy. figures show in the first six months of this year, 86% of all beverage containers were recycled, compare that with 67% for all containers in 2007. one reason could be that people who are out of work need the money and the price for recycled aluminum and plastic

went up a few years ago so it pays better now than it did then. twitter taking measures tonight to protect some of its users whose accounts were hacked. the san francisco based social media network says the hackers sent spam ads from the targeted accounts after getting the passwords from an earlier breach at gawker media, a company that runs several technology and media sites. twitter says people who use the same passwords on a gawker site and their twitter account were the ones who were vulnerable. twitter says it has proactively reset passwords on accounts that may have been compromised. i hit rock bottom, was actually sue -- suicidal briefly for a while. >> he's a former air force major fighting a different fight tonight, suing the military over "don't ask, don't tell." why his lawyer says he filed that suit right here in the bay area. a lot of clouds around today, they are going to increase and we've got rain in your forecast and it will impact the commute tomorrow. i'll have specifics on your city coming up.

, sea ro f t t.. ro fn-opooal..ko gr. i'a n ! ro fe ysexdo..ko gr. llev wt emo?

we are just learning that longtime u.s. diplomate richard holbrooke has died. neither the family nor state department has made an official comment yet but word of his death comes from a u.s. official in washington. he underwent 20 hours of surgery to repair a torn aorta. he was the architect of the 1995 bosnia peace plan and served as president obama special envoy to pakistan and afghanistan. he also wrote part of the pentagon papers. this afternoon president president obama called holbrooke a towering figure in american foreign policy. just as the u.s. secretary of defense predicted, the "don't ask, don't tell" issue has ended up in the courts. three former members of the u.s. armed forces sued the fourth congress to allow gays to serve openly in the military and no accident that this court fight is being staged in san francisco. >> i just felt like my entire world had been shattered.

>> former major michael almy was in the air force for 14 years including four deployments to the middle east. he was kicked out in 2006 for violating the "don't ask, don't tell" policy. >> i was completely devastated. i just absolutely hit rock bottom, was actually suicidal briefly for a little while. >> he is one of three military veterans who filed suit today in u.s. district court in san francisco. they say the law is unconstitutional and want the courts to resunday the policy -- rescind the policy and reinstate them in the military. the two other plaintiffs in the lawsuit have their roots in the bay area. former air force staff sergeant anthony la verde and former navy petty officer jason knight. >> we look at this as basically a shot across the bow at the senate and at the government -- and that the government saying if you don't act in the 123459 this month in -- senate this month in the lame duck session we are going to continue to litigate this matter in the courts. >> reporter: the lawsuit comes four days after the u.s. senate blocked a measure that would have repealed the ban on openly

gay troops. he says the policy affects an estimated 66,000 gay, lesbian and buy sexual people -- bisexual people serving in the armed forces. >> these are people who risk their lives every day to serve all of us who have the freedoms we have and all these folks are treated like second class citizens. >> i love the military, the mission, the people, the camaraderie, the professionalism of the men and women i worked with serving my country, as cheesy as that sounds. >> the two members of the senate susan collins of maine and joe lieberman of connecticut have introduced a stand alone bill to repeal "don't ask, don't tell" but uncertain if that vote will come up for appeal. new rules for hikers in yosemite national park. no climbing without a permit. next summer the park service is requiring anyone who wants to climb the half dome cables to have a permit no matter what day of the week it is. this year the park required permits only on weekends and holidays after crowded conditions contributed to injuries, even a death.

officials also say the weekend rule led to a spike in visitors during weekdays so now they are expanding the permit requirement to seven days a week. a giant snowstorm continues to cause problems in the midwest tonight. people in northwest indiana are being told to stay off the roads. heavy snow has blanket the streets in porter county where a state of emergency was put in effect. highway crews are clearing those roads as quickly as they can and rescuing drivers trapped in the cars by the storm. in wisconsin, many communities are spending the day digging themselves out of snow. the town of lacrosse was covered with more than a foot of snow. the temperature in parts of that state have been in the single digits with wind chills much colder than that. brighter note, air traffic appears to be rushing to normal after the storm caused about 2000 cancellations across the country over the weekend. bay area travelers got off pretty easy. we just checked with officials here at san jose international airport. they say they have had no delays today because of the weather. after a day of delays yesterday at sfo, the duty manager tells

us air traffic is running an hour behind schedule right now but that's because of low clouds here. we also checked in with oakland international and they told us they are not being impacted by the storm this evening. after a pretty dry weekend, our chief meteorologist bill martin is here to tell us how rain is going to impact tomorrow. bill. >> not just tomorrow really. we are going to be wet as we go into the next few days, right through the week into the weekend and maybe into next week. it's going to be winter around here, you're going to need the umbrella, need to get ready for some wet stuff. in the mountains there will be snow and this is going to be over the course of not just tomorrow but over the next three, four, five, six days. and there will be breaks but a lot of rain. here's what i'm tracking. you see the moisture? that's mid latitude moisture. warm air and a lot of moisture in that warm air and going to move through the bay area starting tomorrow about mid- morning. what does it mean? it means we are going to be seeing showers on your morning commute. so tonight mostly cloudy, showers likely in the morning. we might see a stray shower

late tonight, early tomorrow morning. in the extended forecast as i mentioned, not just for tomorrow, wednesday, thursday, friday right into next week. it's a very wet and juicy pattern and it's going to be wet around here and there will be snow in the mountains. you see the tap, when we talk about moisture taps we talk about this. low or mid latitude. it's not coming from the polar regions. coming from north of hawaii. they very moist air. rainfall accumulations tomorrow up to 1/4 inch, 1/2, even an inch in some locations as we go through the period. the forecast as we get into tomorrow morning, i think your morning commute not too wet. the afternoon commute -- or the afternoon drive, showers starting to show up and by 3:00 it's raining in your commute, certainly tuesday afternoon commute is going to be messy and dicey. i'm going to get back to the computer model. got a new one to show you that takes us through tomorrow and then another computer model later on that takes you into the bay area week and back here in a few minutes. >> thank you. with help from the experts,

youngs sperm whale is back out to sea. veterinarians from sea world say the whale was sick or lost. early this morning they injected it with antibiotics and helped it swim back out into the ocean. they say the whale was 15 to 18 feet long and weighs about 3000 pounds and that it was young but not a newborn. experts say if the whale is really sick, it may show up on the beach again. first lady michelle obama brought christmas cheer to young hospital patients today. mrs. obama along with first dog bo joined santa claus at the national children's hospital in an annual holiday tradition, the first lady read a christmas classic to the children. >> was the night before christmas when all through the house, not a creature was stirring, not even a mouse. >> the children asked mrs. obama what she plans to give the president for christmas but she wouldn't say, not wanting to ruin the surprise. well, the patients had some suggestions, they said either give him a new suit or give him

some candy. imagine seeing more electric car charging stations than gas stations. what happened today that could make that a reality in the next 10 years? plus a judge takes a swipe at president obama's health care plan. which part of it he's calling unconstitutional. and get this, a $220 ticket for parking your bike in the wrong place? the outrage that's causing and what some bay area students are doing to fight those tickets. new at 6:00, we uncover why someone would spray profanity laced graffiti on their own home. the trouble a neighboring business is causing that led to an unusual protest. plus another attack inside a north bay mental hospital. we are learning more about the victim and how the hospital is planning to prevent this from happening yet again. and close golden gate park? it sounds outrageous but a recent rash of vandals might keep people out during certain hours, tonight at 6:00.

crews today began cleaning up the debris from the san diego county house that was full of explosives that authorities deliberately burned down last week. health officials determined there was no toxic substance in the ash after discovering the house full of homemade grenades and bomb making materials, authorities decided that torching the house really was the safest thing to do. the owner tonight is being held without bail. the white house says it's not surprised by a virginia judge's ruling today against part of president obama's health care reform plan. >> challenges like this are nothing new in terms of laws that have come before the courts in the past in which -- in which our position has prevailed. >> u.s. district court judge henry hudson rejected a key provision of the president's health care law, the one requiring most people to buy insurance by 2014. judge hudson ruled that it is unconstitutional for the government to require people to buy health insurance.

steve wolford is the deny -- dean of the school of liberal arts at st. mary's college. he says this legal fight is not over. >> there are going to be cases in florida, already a case in michigan all on this mandate question, so the supreme court will ultimately have to sort out all these different decisions once they have been vetted at the lower court level, the expect will then take -- supreme court will then take it and render a decision. >> white house officials say they disagree with the ruling and are not discouraged. press secretary robert gibbs out that of the three courts that have rendered decisions, two have ruled in favor of the white house. judge hudson was appointed by former president george w. bush. hudson is the first federal judge to fight aspects of the obama administration's health care reform plan unconstitutional. this after school program is one -- you know what? i'm sorry. i'm a little bit out of step here but we are going to head over to uc berkeley because we know there are bike riders up

there who are upset of the stiff fines that are being levied. when a student reported getting a $220 ticket locking his bike to a railing instead of a bike rack and then getting another $220 ticket for running a stop sign. students have started a facebook page to share their stories and organize protest. campus police said they didn't realize fines were so high. a move to make it easier to charge up your all electric car in california got a big boost from hollywood today. an alliance of automakers, actors and environment lists today -- environmentalists encouraged suggestions. they suggest installing charge stations in homes and high traffic areas. ed bagley, jr. says he's an early adopter. >> not just for the green of the environment but for the green of your pocketbook. i drove my electric here today so now there's a wonderful

thing coming out, there are some of them that have been out already. >> today's event coincided with the release of two new electric cars, the nissan leaf and the chevy volt. the 13-year-old girl who was stabbed while she was sleeping speaks about her attack. you'll hear from her father and from the attacker's mother. san francisco's peer 27 is set to become -- pier 27 is set to become a cruise ship terminal if san francisco wins the right to host the america cup. now there's fear that bid is sinking fast. that story ahead.

complete bay area news coverage continues. this is ktvu channel 2 news at 5:00. my daughter asked him why are you doing this?

and he said out of revenge. >> a 14-year-old boy accused of carrying out a vicious attack on two children at home alone in vacaville. tonight we spoke with the suspect's mother who says her son was framed. he's accused of stabbing and sexually assaulting a 13-year- old girl, then stabbing her baby brother who woke up during the attack. ktvu's janine de la vega live in sacramento with the very latest developments on this evolving case. >> reporter: we are here at uc davis medical center where both victims are recovering. the father of the 13-year-old girl just talked with us about an hour and a half ago after he saw his daughter. she says that she and her little brother are both out of intensive care and now in stable condition. >> when she talks about it sometimes she will start crying but, you know, we have been telling her that -- to, you know, we don't have to talk about nothing. just on your health and just kind of be be calm. >> reporter: martin perez says it was heart breaking seeing

his 13-year-old daughter in a hospital bed with more than 30 stab wounds on her body. police say early yesterday morning a 14-year-old boy somehow got into her house, attacked and sexually assaulted her. that suspect then stabbed the girl's 18-month-old brother. >> she is so courageous. she waited until this guy fell asleep, she didn't move or nothing, and when she noticed the guy was really fell asleep, she grabbed her cell phone and she could have ran out but stayed and grabbed her brother. >> reporter: perez says his daughter knew her attacker. >> my daughter 1st down him where -- asked him why are you doing this and he said out of reeventual. >> reporter: the suspect is an acquaintance of the girl's older brother who is currently in juvenile hall. the suspect's mother says her son is being framed. she told us her son got into trouble drinking that night with other teens. >> they push him on the floor, he says once they went in the house, they push him on the floor and then he heard the girl crying and crying and then he say they grabbed me mom, took all my clothes and threw

me on the bed. >> the vacaville unified school district has confirmed that the suspect is a freshman at will c. wood high school. fellow students say he kept to himself. >> very quiet and not social. >> reporter: police are still investigating and looking into why the children were left home alone overnight by their mother. perez, who shares custody of the daughter, has questions himself. >> why was my daughter alone that late? she is 13 years old with an 18- month-old son. >> reporter: we have not heard from the mother. she has been here all day at the hospital with her children. reporting live from sacramento, janine de la vega, ktvu channel 2 news. san francisco police are investigating a shooting this afternoon that left a teenaged boy wounded. shortly after noon, officers received a call of the shooting at 3rd street and mckinnon avenue in the city's bayview district. investigators say two groups of young men got into an argument and one group left. they then came back and opened fire hitting the teenager in

the other group. officers say his wounds are not life-threatening. they believe that the argument and the shooting may have been gang related. police in napa county asking you to keep an eye out for an 83-year-old man who is missing tonight. james hayne's family members say he never returned home after giving a friend a lift to polk valley. >> rural, mountainous at times, steep grade, very tree lined, so it's a difficult area in which to look if you're not right on the main road. >> hanes is believed to be driving a champagne colored 1999 toyota corolla and you're asked to call napa police if you can help in the investigation. time quickly running out for the city of san francisco to land the next america's cup which is the biggest supporting event in the world after the olympics and the world cup. tomorrow supervisors will vote on the city's bid, a bid that isn't sitting well with local race organizers. david stevenson is live tonight in san francisco where other

stakeholders fear they are going to be left out in the cold. david. >> reporter: i'm standing right by pier 27 on the embarcadero and the site of this building here is where a new cruise ship terminal will go if america's cup comes to san francisco. but as the clock ticks down to a decision, some business owners are worried the america's cup bid could be sunk. >> i don't think it will be good if it doesn't happen. i think it will be pathetic. >> reporter: pier 23 cafe owner is keeping a close eye on san francisco's efforts to win the rights to host america's cup two years from now. the cafe stands to make big bucks from racing fans lining the embarcadero but worried about sniping between city leaders and race organizers will jinx a potential deal. >> i cannot believe that city government can't pull this out of the hat. >> reporter: organizers say the city's current plan to hold america's cup along the cheaper to develop northern waterfront instead of the central waterfront is unacceptable. at issue are long-term rees rights and who will shoulder

the multimillion-dollar costs to redevelop the area. in a letter sent this weekend to city officials, raceorganizers say they are blindsided by the move and warn the city may lose its bid if an agreeable plan isn't ready by friday. >> a threat. it opens us up potentially vulnerably to any other country or other city who wants to capitalize on areas of disagreement that we may have with america's cup. >> reporter: still city leaders say they are confident a deal westbound reached. budget and finance committee members viewed new designs for port redevelopment and heard new estimates on the costs and benefits of hosting the race along the northern waterfront. >> that $12.3 million gain compares to our previously estimated net loss to the city of 43.6 million. >> reporter: now, in spite of organizers' objections, tomorrow the full board of supervisors is expected to endorse the northern waterfront proposal which the mayor supports. the final decision on where america's cup will be held is

expected by december 31st. reporting live in san francisco, david stevenson, ktvu channel 2 news. now to the north bay where marin county is considering weather to renew an unusual plan for trimming its staff costs. actually paying people to leave. in the supervisors okay the plan, a person who has been with the county for at least 10 years will receive a check for $25,000. while a person with five years tenure would get 15,000. that would help reduce pension and health care expenses and save the county some $4 million a year. marin county faces a deficit of $5 million next year and 14 million over the next three years. a similar plan last year paid out a total of $800,000 to 44 employees who left voluntarily. for the second time in a month a northern california wildlife group rescued a seagull from a beer can that was placed around its neck. they removed the aluminum collar from this bird on saturday. the group says that since september, people have spotted at least five other sea gulls

with -- seagulls with bear cans along their necks along the coast between half moon bay and san francisco. says those collars can slowly kill the birds. it is now offering a $6000 reward to catch the people putting them there. daily city leaders say they are poised to strike back if san francisco charges drivers a toll for entering the city. what the county says it's going to do and why commuters could be the hardest hit in this fight. and the cooking spots that teenagers are using -- spice that teenagers are using to get high.

, sea ro f t t.. ro fn-opooal..ko gr. i'a n ! ro fe ysexdo..ko gr. llev wt emo?

the fremont city council is scheduled to discuss the fate of the land surrounding the former nummi auto plant at its meeting tomorrow. there were three ideas for the site all aimed at attracting tech businesses that pay high wages. one focuses solely on industrial uses, the other two involve a mix of industrial use and as many as 2500 new homes. fremont is currently conducting studies of all three redevelopment plans. a daly city councilman says he's ready to strike back. the plan calls for a $3 fee during peak commute hours for drivers crossing the city line to the south. councilman david ken pa says that could add up to hundreds of extra dollars a year for san mateo county residents. he says he will retal rate in the plan -- if the plan goes into effect.

>> if they approve this, i as a member of the san mateo county congestion board will then ask that board to assess a $12 fee specifically for san francisco residents entering san mateo county. >> san francisco supervisor will vote tomorrow on a study of the program. if that plan is approved, the toll would go into effect in the year 2015. toyota has issued a volley recall of -- volunteer recall of some of its sienna minivans. the brake lamp. a driver's foot could damage the switch while applying the parking brake pedal. the company says there are no reports of accidents or injuries involving this problem. nutmeg is a popular spice for holiday cooking but teens finding a use for it, a use that could affect their health. internet video show them using nutmeg now to get high. it contains a chemical that causes hallucinations and teens are seen eating, drinking,

smoking even snorting the spice. doctors say if nutmeg is abused in those ways, it can cause nausea, vomiting, dizziness, con compulsions and -- convulsions and hives that in some cases can last for days. what's blowing wind farms off course. plus... >> changes underway for school lunch programs across the country. coming up what it will mean for some bay area schools and why some people are against it. and umbrellas will be needed for your tuesday. the commute will be wet. i'll tell you what times will be the wettest and how much rain you could see in your neighborhood. new at 6:00, we uncover why someone would spray profanity laced graffiti on their own home. the trouble a neighboring -- a neighboring business is causing that led to an unusual protest. plus another attack inside a north bay mental hospital. we are learning more about the victim and how the hospital is

planning to prevent this from happening yet again. and close golden gate park? it sounds outrageous about the a recent rash of vandals might keep people out during certain hours, tonight at 6:00. ♪ keurig is the way to brew fresh, delicious coffee in under a minute. way to brew. [ female announcer so with keurig, every cup tastes like it's brewed just for you. ♪ because it is. choose. brew. enjoy. keurig.

president obama and first laid michelle obama today sell operated a new law that makes big changes in the nation's school cafeterias. it's part of mrs. obama's campaign against childhood obesity. >> my husband worked very hard to make sure that this bill was a priority in this session and i am grateful to you. >> because i would have been sleeping on the couch. [ laughter ] >> after acknowledging the first lady's role, president obama signed the health hunger- free kids law. the new law expands free school meals for the needy and gives government the power to decide what kinds of food schools can sell. >> particularly in these tough economic times when so many families are struggling, when school meals sometimes are the main source of nourishment for

so many kids, we have an obligation to make sure that those meals are as nutritious as possible. >> now this plan also gives schools an extra 6 cents per meal served to put healthier options on the cafeteria menu. so for example instead of cheese pizza, canned fruit and tater tots, it might serve whole wheat pizza, baked potatoes and fresh fruit. what do these laws mean for bay area schools? maureen naylor has more. >> reporter: teachers here welcome the additional money because all the students here qualify for meal assistance and that's the case for most students in east san jose. this was lunchtime today at empire gardens elementary school in east san jose. seven out of every 10 students here qualify for meal assistance. the san jose unified school district already offers more fruits and vegetables under its wellness policy but the newly

signed nutrition bill could take the program one step further. >> we can offer more variety to the students, more fruits and vegetables. >> reporter: under the bill, schools could offer after- school meals instead of just snacks and 700 california schools could provide free meals to all students. the second harvest food bank says the bill invest in high poverty areas, legislation could hinder other current food programs. >> the con of the legislation right now or the bill is that it is partially funded by food stamps or cal fresh benefits and there's concern that that's another nutrition program that might be partially paying for these investments. >> reporter: and paying $4.5 billion in taxpayer money is what concerns the chairman of the santa clara county republican party. >> i don't know that this is a well thoughtout comprehensive program to feed the hungry and to improve the nutrition of children. that's the parent's responsibility at the end of the day in my opinion.

>> the government says this would help with obesity and it would decide which kinds of food may be sold in school cafeterias and vending machines. some districts already ban vending machines on elementary school campus and limit what is sold at middle schools and high schools. reporting live in san jose, maureen naylor, ktvu channel 2 news. coming up next at 6:00, the 61-year-old woman who said she was not going to be a victim. what she did in the parking lot of a bay area mall over the weekend that took a lot of guts. let's go to the newsroom where julie haener has a look at some of the other stories. startling new figures on the increase on the number of violent attacks on workers at napa state hospital, the most recent of which happened this weekend. tonight who is saying the hospital is quote out of control? also ahead, the unusual way a homeowner is telling everyone he's fed up with all the noise at a gas station next to his home. in fact, we can't actually show you what he spray painted on

his home. plus the big change now being considered when it comes to the hours golden gate park is open to the public. we will see you at 6:00. a key piece of a federal push to increase renewable energy is on hold tonight over concerns it could hurt golden eagles. the bureau of land management stopped issuing permits on winter turbines indefinitely this summer after wildlife officials invoked a decade's old law for protecting eagles. three of the proposals affected are here in california. the affected project appears unlikely to make the year end deadline to apply for hubs of millions in -- hundreds of hundreds of millions of dollars in funds. a wet weather pattern setting up not just for tomorrow. but really right through the week and into next week. there will be periods of dry but there will be periods of rain as well so get ready for some wet weather over the next five to six days. here's the plume of moisture, this is the leading edge of it, this is subtropical or mid latitude moisture as it moves

in along the coast tonight. we will see drizzle in the north bay areas but for rest of us -- for the rest of us we will see mostly cloudy conditions. as we move into the day tomorrow we are looking for temperatures to begin to stay on the mild side and the showers to begin to increase so tomorrow we are looking for occasional showers, extended forecast, more rain and there could be some very heavy rain as we go into friday, saturday and into sunday. that means big snow in the mountains. overnight lows in the 50s. that's an indication of this mild to warm air mass. warmer air holds more water. when we have overnight lows in the 50s you know what's coming is going to be a little bit more rain than we get from a cold storm. dry monday, you saw that, a lot of fog in the valley, all over the place. here comes the system. it blows the fog out, the showers begin to increase, they start off light, i think your morning commute is dry for the most part unless you're in the far north bay and then as we go into the afternoon, you'll see as we go through the computer model here, so tuesday or late

tonight, early tomorrow morning, you see a little shower activity up around point arena. getting into the morning commute now. that's maybe a little bit of drizzle. your morning commute looks dry. here we get going around lunchtime and look at this forecast, rain showing up in san rafael and you're getting ready to drive home from work at 2:00, you're starting to think i've got to get home by dinner. 2:00, 3:00, 4:00 rain moving through the area, some heavy in santa rosa, some oakland in the heart of the afternoon commute. that's it. the big story in the weather center, afternoon commute. in the mountains lake tahoe we are looking for snow advisory or winter storm warning, goes into effect tomorrow morning through 10:00 p.m. snow levels kind of up there because it's a warm storm. so snow levels around 6000 feet but you're talking another foot of snow. as we get into the weekend by the time we get to sunday, heck, i bet they get 3 1/2 feet of new snow up there, maybe four. forecast highs tomorrow, 57 in concord, 59 in san jose, and 60

in morgan hill and then the five-day forecast a productive pattern if you're looking for rain and snow and we are, we need it, the weekend you may want to reschedule outdoor events because it looks to be a pretty wet weekend coming up as well. so tomorrow rain on the afternoon commute, little break on wednesday, thursday, but not just clouds, maybe drizzle and then friday, saturday and sunday it depose off. >> pay attention. >> yes. changing christmas carols to fit a modern at a push for immigration reform on capitol hill. how students are getting creative. also it's not mona lisa's smile that's hiding a secret. where in the painting they just discovered a surprise.

historians say they discovered tiny numbers and letters in the eyes of the mona lisa. they say they were placed there by the artist, leonardo devinh -- da vinci. one of the mona lisa's eyes appears to contain the letters l and v, the artist's initials. college students from the bay area and around the nation marched on washington today hoping to turn lawmakers' attention away from tax cuts and toward higher education and the d.r.e.a.m. act. >> we pass the d.r.e.a.m. act now.

>> a group of students went christmas caroling on capitol hill today but changed the song lyrics to support the d.r.e.a.m. act. the measure would grant citizenship to undocumented students who go to college or serve in the military. the young lobbyists plan to march around the capitol building seven times in seven days to reenact the march of the israelites around jerry co when the wall came -- jericho when the call came tumbling down. >> we want the wall pre strength the -- preventing the d.r.e.a.m. act to come down. >> i came all the way from california and we are just trying to do everything we can. >> the house passed the d.r.e.a.m. act last week but it's uncertain if the senate will act before the lame duck session ends. the students say they know it's an uphill battle but just like the bible story, they are hoping tonight for a miracle. stay with us, ktvu channel 2 news at 6:00 is next.

another violent attack inside the napa state hospital. a man who has worked inside for years talks.

this is out of control.

>> another attack at the napa state hospital. what's being done now to protect the staff from the patients? and the drastic measure a north bay man went to to make a point about his noisy neighbor. >> complete bay area news coverage starts right now. this is ktvu channel 2 news at 6:00. good evening. i'm julie haener. >> and i'm frank somerville. we are learning more tonight about a violent attack at napa state hospital. it comes less than two months after a psychiatric worker of the same facility was strangled allegedly by a patient. ktvu's jim vargas spoke with a nurse who has been working at that hospital for years and who says violence there is out of control. jim. >> reporter: frank, this apparently is -- the latest in a long line of violent attacks here at the hospital and i'm not just referring to the donna gross killing