peninsula tonight. a 21-year-old army specialist with bay area native, and family in the area is skilled in a recent suicide attack. maureen naylor is live now where the young man is being honored. >> reporter: here in san mateo the flag was lowered to half staff today to honor six soldiers killed over the weekend. because of the rain it's since been taken down. one of the men being remembered lived with his wife just 6 miles from here. >> reporter: he was just 21 years old, and today the army identified derrick simeneta as one of the victims in the deadliest attacks in after fan stan this month. his grandparents live in redding. >> it hits you right upside your head, it's such a tragedy, just unbelievable. >> reporter: semineta and six other soldiers were killed, when a mini van blew up in the

afghan base in candajar province. the members of the 101st air force base division were preparing to go on patrol. >> derrick gave the most precious gift he had, and that was his life. and i don't want people to forget all these young men that are out there doing this. >> reporter: simeneta attended high school and played football here. he transferred to redding and eventually he married his high school sweetheart kim. >> they were living up state, and i was happy for them. then we heard he was going overseas. >> reporter: news of semineta's death was a shock for neighbors. >> i'm just in shock, i never

thought that would happen. >> reporter: it's been reported semineta's wife and family members were on their way to retrieve his body. no word yet on any funeral arrangements. and governor arnold schwarzenegger issued a statement about the death of specialist semineta and another specialist from san diego. the death of kenneth necoshia jr. and derek simonetta are a great loss for california. we send our thoughts and prayers to the families of these great soldiers during this very difficult time. here we talked about this last night, rain just in time for the afternoon commute. it is raining fairly steadily on the south bay right now. the rain system is moving into that area. i stopped the radar there and

we'll come into the heaviest rainfall. of course this is the heart of the afternoon commute. freemont, milpedas you're getting rain, some of it is heavy at times. definitely a slow commute out there as you move through the bay area. you'll see heavier rain there and then out toward the coast we have more showers moving on shore. all this working it's way south. we can go right now to oakland, it's raining there today earlier, the heaviest rain was about 45 minutes ago. san francisco we take a live camera and we will tell you what, traffic on nights like this as you know can be pretty slow. we're looking at the bay bridge, rain right now in san francisco. we look at the mountains and we're at the truckee area. looks like a bus there, almost looks like a snow truck but it's a bus. if you need more weather go to ktvu.com. we're there 24/7 with that. tell you what, this is the first in a series of storms. we have some big stuff headed

our way. we have some more stuff coming up here on your complete bay area forecast. it is the most comprehensive report in the san bruno -- ktvu's ken pritchett live now in san bruno at the blast zone with more, ken. >> as you can see there are still flowers affixed to a chain link fence where lives were lost. there are many empty lots here in this neighborhood. once black, now they are green covered in grass. there's been progress in rebuilding here and progress in the investigation. today's report answers some questions but does not provide a cost. >> what caused that pg & e pipeline to explode on september 9th killing eight and destroying 35 homes. jackie spears says the ntsb

report gives some clues. >> we've revealed some piercing of piles due to some excavations. we now move on looking for yet another cause. >> reporter: the damage section of pipeline was taken to an ntsb lab for analysis. what analysis found that the pipeline was not intact like p & g said, but had many repaired areas. there is no indication that seams or a lack there of played a role in the explosion. with the final report still pending, neighbors are stuck waiting for answers. paul palavo's mother lives

within a block of the area. >> let's hope they get it right, other than that she feels safe. >> reporter: pg & e's record about this particular pipeline is wrong, what about the rest of the system. ntsb investigators will return to this scene in january to continue their investigation. a final report is expected late next year. in san bruno, ktvu news. now back to that developing news from a strip mall, that gun battle that killed an innocent mother who was putting her 2-year-old into her car. we have late details on what happened, kevin riggs has the story. >> reporter: investigators described this as a crazy seen this afternoon as that shooting broke out. the gun battle broke out after 2:00 p.m.

and continued to the parking lot where a 30-year-old mother was hit and killed by a stray bullet as she loaded her young son into a car seat. >> what spurred the argument? >> i don't know if there was an argument. as far as i know they walked in and targeted the gentleman that were getting their haircut and they returned fire. it's crazy. this time of the day with this amount of holiday shopping going on. the number of victims that we have could have risen very, very quickly. >> reporter: the 2-year-old child was unhurt and was being cared for by police on the scene all through the afternoon. the shootings left four hospitalized with various injuries including the barber. vicki sanders says her daughter was working inside the shop when the gunfire erupted. >> she said she was scared, she didn't know which way to turn because it was coming everywhere. >> it was just a shock because that's normally where we go all the time right here in the neighborhood. >> reporter: and back here live on the scene where you can see a live look of the suv, this is the suv that a woman was loading her child into when she was struck and killed by that

bullet. now neighbors say the barber shop was an active social scene but has never been a source of trouble, especially nothing quite like this. sheriff's investigators are still trying to piece together what sparked this confrontation but they are having a hard time doing that because witnesses are not being cooperative. reporting live kevin riggs, now back to you. a man accused of abducting a 14-year-old girl that turned up in san francisco is being extradited to virginia. easly disappeared with his girlfriend's daughter more than a week ago and was arrested outside a safeway. her mother was found murdered in their home but police have not said yet if they plan to charge easley with that

killing. and a man accused of abusing a girl at a wal-mart appeared before court today. police say he grabbed the girl last friday and touched her inappropriately. he is charged with lewd acts on a child, aggravated sexual assault on a child and false imprisonment. yahoo today ended weeks of speculation by handing out hundreds of pink slips to it's employees. this is the fourth time in three years the sunnyvale company has -- security was tight at yahoo sunnyvale today. one bay area techagists say the lay off -- one bay area tech analyst says the lay off comes at a very bad time. >> you are not really treating

people like people, you are treating them like equipment that you are getting rid of at the end of the year. new retail sales figures show a strong start to their holiday shopping season, shining a hopeful light on the u.s. economy. the congress department says retail sales exceeded economists expectations last month. department store sales were up the highest at 2.8%. meanwhile another new report shows that small business owners specifically have reached confidence levels not seen in years. up for the fourth straight month, and outpacing all sale periods on record. tom vacar has the story. >> reporter: here's one of those big apples right here.

a decidedly different kind of apple store: here's why it's providing not only hope for jobs but real jobs indeed. many business buy extras this year. >> some for the neighbors and some for the family and some for the work, some just in case. we're definitely seeing that this year. >> reporter: and says dunn so are her entrepreneurial colleagues. >> everybody my suppliers that i buy from are in a hurry up mode. they are not cautious, they are buying and trying to keep inventory as quick as they can. they are selling out. >> reporter: and brokers agree. >> what i've seen, a pick up in the market, more activity.

hopefully it'll bring better times next year. >> reporter: consumer confidence is crucial because that's where the majority of jobs will come from. and it's no difference here at rachel dunn. >> we have about 22 people this year and we'll be keeping about four. >> reporter: trained pastry chefs jessica enriquez will be staying after the holiday rush. >> i thought it would take years to get this kind of a quality place, and i'm just very happy. >> reporter: a job is a precious thing. >> yes, it is. it makes me feel very proud of myself actually. >> reporter: in the last three years, the recession has cost americans 8 million small business $2 trillion in lost profits and employees millions of lost jobs. next year looks to be different. >> hopefully it means that we will be creating new jobs in the near future. >> reporter: and get this, the confidence index two largest gains were in pro projected

spending for business. that is one big apple. and the positive consumer confidence news sent stocks higher today. wall street surged early but that surge dropped after reports that the economy remained slow. the dow gained almost 48 points. the nasdaq was also higher adding almost three points. what this new arrival in the bay area means means for the new eastern span. and the vote is in on bringing the america's cup to san francisco. what supervisors decided just late this afternoon. ring ring. progresso.

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vowed to fight the release of wiki leaks founder julian assange. a judge ordered assange released on bail, but he will remain in jailal british judge approves the release. a resolution calls for the city to declare him a hero who deserves a medal for what he did. we will have live coverage on that debate tonight on the 10:00 news. construction on the new eastern span of the bay bridge is about to move into it's new phase tomorrow. that after important pieces from across seas have arrived. paul chambers has details in

this report. >> this ship from china has very important cargo on board needed for the bay bridge construction project. these white pieces are part of four segments that are going to be added to the bridge's main tower. in this item surrounded by green tarp is part of the two pieces that will be used in the bridge deck segment. today crews began preparing segments. >> the bridge is constructed on four legs almost like a stool. this next lift is the next segments that go up at the 400- foot level. >> reporter: the lift is expected to be complete by christmas and will bring into perspective, it'll be taller than coit tour and tribune building. crews expected the ship to arrive sometime last week. however caltrans hopes that was just a temporary set back and

still predict to open the more than $6 million span to traffic in both direction in late 2013. four to six months earl littler than initially predicted. >> it's important that we have timely shipments of the material so this we can continue to erection of the bridge. we have a lot of momentum build right now. we're going to watch that very closely over the next couple of weeks as we try to put these things in place. and crews will continue to add on top of the tower, it will impact your traffic. how much we do not know at this time. caltrans says they will elaborate on that in a press conference tomorrow. paul chambers, ktvu news. the san francisco board of supervisorred voted 8-3 on whether to vote for a new mayor. outgoing mayor gavin newsom will become lieutenant

governor. although newsom says he may delay the change until january 8th if the board does not pick a quote, appropriate person. now we caught up with the mayor early this afternoon just before the supervisors meeting. >> we are down to one critical issue. we have lawyers meeting as we speak to speak on that. we may not get every amendment in but we're committed to working through the rest of the week. and race organizers say they will announce their decision about whether to hold the race by the end of the year. over now to our chief meteorologist bill just like you called it last night, rain in the commute. >> right on the afternoon commute. this is the heaviest rain we've seen all day. live storm tracker two lit up across the bay region. this is not a major storm. but the headline is it's right on the commute.

that's all you have to do. you put a quarter of an inch in the santa clara valley at 4:00 or 5:00 in the afternoon and you're going to have traffic issues. out toward mountain view, you have moderate levels. out here toward milpedas you have heavier rain. out toward livermore the showers are heavy as well. so, again this is not a major winter storm. we have some of those headed our way. but what we're looking at right now is an average rain event but it's happening right on the commute. okay, so here's how it breaks down tonight. overnight lows are going to be cooler. we're going to see clearing out there. there'll be sprinkles through the commute. after that, things start to clear out. here's the back edge, here's where we are. you can see it going off right here. a winter storm warning out there right now. the storm warning stays in effect till 1:00 tonight. they are chaining up on 50

right now, they are chaining up on 80 and it's snowing at about 5,500 feet. here we are at 9:00 tonight, you see the clearing behind him, right. you see it further, a little more clearing. we're getting into wednesday morning, early morning you see clearing but what you don't see here, the computer model has problems picking that up. it's going to be in these patchy inland bay valley. so out toward napa, clayton very dense fog possible. and behind this we've got a bunch of storms teed up. it's going to be wet around here. we'll talk about it last night. i have the other computer model that shows you long range stuff. yosemite park officials say that rangers rescued three rock climbers yesterday that were stuck on a wall in el capitan. and the rangers lowered

themselves to the climbers from a helicopter. the two men and a woman got stuck on sunday. and what is happening now that could change the vote on don't ask don't tell. and were some of your favorite shows nominated for the golden globe? in a moment, which ones made the list. new at 6:00, north bay college students mourn a classmate shot and killed by police. right now, we're sorting out conflicting reports about what happened and what the student was doing with a gun. also, will bay area drivers get caught in a toll road between three bay area counties. late breaking details on a critical decision.

low income schools in the east bay flooded with brand new books. we reveal how a bay area ban is in the books for helping kids, tonight at 6:00. 0!ockñ?çóxo?ñ=çñññçvxqx?ñññ?óioy

the controversy over the military's don't ask don't tell policy is heating up in capitol hill. tonight house democrats say they will introduce a new bill to overturn the law that allows gay and lesbians from openly serving in the military. now democrats are making a last ditch push to pass the measure before a new republican majority takes control of the house in january. oak lands's campaign to keep the a's in that city moved a small step closer to reality today. the city committee approved a plan to spend $750,000 of redevelopment money for a

study. the location is preferred by major league baseball. the plan to fund the study now goes to the council which is scheduled to vote on this matter next month. another plan, this one by the national football league and team owners to expand the football regular season to 18 games next year is not being met with cheers by players or doctors. the concern is that more regular season games could lead to more concussions. some players are hiding their injuries to keep on playing, say doctors. >> it's a concern, i think it's a concern of our doctors that are looking at this objectively, independently and saying, exposing players to more risk and more injury. you have to consider the law of diminish concern. >> this new plan calls for two more regular season games keeping the number of games at 20. the true story of a stuttering king and tv's glee

club led the pack as they announced the golden globe nominations. >> only if you are interested in being treated, please. >> reporter: the kings speech a period piece set in prewar london came in with the most nominations. king george six works to overcome his speech impediment. it's fog lowed by black swan, the fighter and inception. then there are the small title awards. the single high school students of glee earned five nominations including individual nominations for lea michelle, matthew morrisson and chris colbert. glee is competing for best television comedy against 30 rock, the big bank theory, modern family and nurse jackie. this year one person could

receive two best actor golden globes. johnny depp was nominated twice. once for his role in alice in wonderland, and one for his latest movie the tourist. and a city has just made a decision to ban plastic bags in their city. the decision and how they came to it, next. jerry brown is sending a stern warning tonight. why the governor elect warning that leaders need to fasten their seat belts.

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the area residents use 3.8 billion plastic bags a year and

on average they use them for about 12 minutes. those are the kind of numbers that had environmental group pushing san jose to ban plastic bags at retail stores and to do it in a big way. just about an hour ago, the san jose city council began discussing what some experts call the state's toughest and strictest proposals to ban plastic bags. and just moments ago, they voted for that. and robert handa just left the building and has a report on what they decided. >> reporter: that decision they came to did not arrive easily or quickly. the decision made three years ago but supporters of the ban say it paid off because it gave people a chance to see how plastic bags have cluttered and clogged the environment. >> reporter: the save if bay environmental group says more than a billion plastic bags ends up in san francisco bays every year. and many people we spoke to say

it's the impact on fish, birds and other wildlife that made them stop using plastic bags and support the plastic bag ban. >> to keep animals from dying, i would really like to see the ban. >> bay area residents use 2.3 billion plastic bags a year and on average they use them for 12 minutes. >> reporter: save the bay used plastic suits to demonstrate why san jose should pass what environmentists call the broadest ban on plastic bags in california. san jose's version doesn't just ban plastic bags but tells retailers to charge 12-cents. >> when they banned bags people moved to paper. we know there'll be an increased use of paper bag, water, and trees.

>> reporter: people told us that a charge would force them to bring their own reusable bags. but people say paper bags are useful. that's the biggest problem with the ban. >> we're adding a burden and a cost to taxpayers, residents and business in the middle of the worse economic recession that we've had in our lifetime. >> about five minutes ago the city council approved the ban after listening to people from the community, the vast majority in favor of the new ordnance. people on welfare or on a food stamp program are exempt. the law will take place next week and people watching this process may also follow suit. robert handa, ktvu channel 2 news. governor elect jerry brown warned about the financial health of california. education was the subject of brown's budget forum which was held at ucla today.

the governor elect told the crowd of some 200 educators that more spending cuts may be necessary. he also said he saw a recent survey that suggests many california voters think the state is wasting money. >> the average number picked was 48% waste. i want to go look a little more carefully at that survey. but it is a bit ominous. >> reporter: about 40% of the state's budget is spent on education and school leaders say they are worried about more cuts and teacher lay offs. there's word tonight that the mount diablo school board may be headed toward bankruptcy. the school board will discuss

cutting costs by closing schools. -- district officials want to hire 20 teachers who will work through the rest of the school year in existing classrooms. if teacher's union wants to give the teachers their own classrooms to reduce class size. the district says that would be too disruptive. it is unclear how the matter will be resolved. the u.s. senate is set to take a vote on the tax cut plan put together by the president. carol han explains it seems like no one really likes it. >> the yes are 43. >> reporter: for a deeply divided senate it's as close as it gets. you didn't hear party leaders celebrating bipartisanship. >> no one is completely happy with it. >> i'm not wild about it.

>> plenty of things i can point to that i don't like. >> reporter: democrats don't like the idea of tax cuts going to the very rich. >> do i feel passionate that the people who earn over a million dollars don't need a tax cut, you bet i do. >> i am passionate. >> reporter: while republicans are passionate about the estate tax saying it is unfair to tax the dead. >> i think the inheritance tax should be down away with completely. because it is not money that's never been taxed. it has been taxed in our system again and again. >> reporter: despite their displeasure, our lawmakers say it all boils down to the middle class. but a deal will be a tougher sale in the house where one bay area democrat wants to strip a part of the deal that allows some wealthy families to skip out on paying estate taxes. >> the republicans are trying to drive the show. but i think it's time now for us to really be strong. >> reporter: all eyes are already on the u.s. house.

where democrats are under huge pressure to pass the deal. but barbara lee tells me democrats are really digging in their heels, especially over those estate taxes. it's happened again, another protest against smart meters up in marin county. details on the demands they are making from city leaders. what the plans are and where decisions will be made this evening.

some internal pg & e documents have created a new uproar in a pg & e controversy. pg & e has long insisted that debero acted alone, however the paper shows that he shared what he learned from that group with other pg & e employees. another employee was sent into a demonstration against smart meters where photos were taken of the protesters. pg & e's failure to disclose smart meter -- the

group is demanding an immediate halt to smart meter installation in the county and they want full disclosure of the radiation emissions from those meters. >> we're tired of asking nicely, we've been asking politely for months and now basically we have to demand a moratorium because smart meters are being installed. people are getting sick. i'm a mother, i need to protect my two children. the group claims many p & e customers are reporting headaches, heart palpitations which began during the installation of those smart meters. pg & e says that the meters release less radiation than a cell phone. and currently three options

are being considered. researchers measures a nicotine by-product in children. they found more in children living in apartments than those kids living in detached homes. secondhand smoke can seep through walls and travel through shared air ducts. depleted resources, how police say one bar brawl may have put the entire city at risk. and heavy rain right now in the santa clara valley. live storm tracker two shows reds and yellow, that's coming down. i'll tell you how long this rain will last, the details on the way. new at 6:00, north bay college students mourn a classmate shot and killed by police. right now we're sorting out conflicting reports about what happened and what the student

was doing with a gun. also, will bay area drivers get caught between a toll war. late

it will not be business as usual for one bar in petaluma. we learned there may not be any business at all after what happened there yesterday that led to police and bar patrons facing off on the street. sal castaneda has our story. >> reporter: this is the rocks bar, this is where police say a bar brawl inside these doors spilled out into the street before police had to step in. it was not a night that anyone expected trouble. >> on a monday night? i'm incredulous, i can't believe that. >> we were kind of caught off guard for a monday night for

this to happen. >> reporter: police say last night a man here at the rocks bar was asked to leave. security says that man assaulted the staff. when police arrived he reportedly also became combative with officers. as police worked to restore order, the melee moved into the street. every officer on duty responded and help from surrounding cities was called in. >> there was about 20 officers that showed up and then we had to form kind of like a line and clear out all of kentucky street until we can could get that under control down there. >> reporter: one person suffered minor injuries when he was hit by a squad car. a police officer was injured when he was bit by another officers dog. the violence is getting worse. many say that's not typical for a petaluma bar. >> normally, i mean there's you

know somebody gets rowdy, they get thrown out of bar and that's it. >> reporter: often leave other parts of the community with little or no protection. but some feel the bars need to take more responsibility. >> the bar that needs to look at hiring security personnel or making sure that their patrons stay inside the bar. >> maybe the bartender ought to be a little more observant, you know in the condition of the customers. >> reporter: the rocks bar has been cited by petaluma police and also by alcohol and beverage control six times each, there's no word on when this bar will open. it won't open tonight, it's unclear when it will open this week. sal castaneda, ktvu news. coming up next at 6:00, a new development in the controversy over charging drivers to cross the county

line between san francisco and san mateo. find out which county completely backed down today. now let's go to the newsroom, julie haener has a look at the other stories we're working on. >> also at 6:00, a north bay college student working on a music video with his classmates is shot and killed by police. why the young man might have been carrying a gun and why the mother is questioning the police account of what happened. also ahead, it all started as a creative idea, now a bay area school district with big financial problems is getting a lot of new books. tonight who made it all possible. plus, what could be crucial information if you're looking for a job, the ten common phrases on a resume that can kill your chances. authorities were forced to

shut down a major roadway in ontario. crews lifted hundreds to safety with helicopters. many people spent the night in warming centers. federal officials plan to enforce a crack down on jet skis during the big surfing contest in mavericks. the crack down stems from concern that those jet skis cause too much noise. now only the water patrol will be allowed to use jet skis and those will be limited to 15. federal officials have authority over the area because the event takes place in a national marine preserve. the contest is set for sometime before february 28th depending on when and if those big waves show up. one big region here in the south bay is getting hit with a lot of rain right now. here's our chief meteorologist bill martin to show us who that is. >> the rain is definitely coming down in the santa clara

valley. live storm tracker 2 shows you the clearing edge. you can see it winding down. you can see that down toward san jose, downtown specifically you're getting significant downpours. the light greens are just showers. rainfalling on the afternoon commute and that's not all. take a look at this, here we are the satellite loop. let's go out 2,000 feet out into the pacific, look what's coming. lots of moisture teed up in the pacific. they're going to come in here late in the week toward the weekend and beyond. there's going to be big things, real wet around here. we'll watch it very closely. i have computer models that will give us a better idea. tonight we're going to see patchy fog as those showers start to clear from the north

and that will give us a little break from the rain. first thing you notice is that valley fog. partly cloudy, partly clear in the afternoon tomorrow for most of the us 50s and low 60s. here goes the computer model what's left of this rain. maybe a little something out here, a little more development out here north of san rafael by the civic center around 11:00. the real stuff is over. this is overnight now, we get into the morning commute and we get into wednesday and just dying down. out in the pacific, we have a lot of clouds, and a lot of energy that's headed our way. that energy is definitely going to make it's way in here, as it does, we're going to see some rain toward the week end, -- toward the weekend. big deal rain. tomorrow in san jose, 55 degrees at lunch. 58degrees as you get to your daytime high. more cities, 57 in fairfield, 56 in antioch, 58 in fairfield or in hayward.

58 in san jose and 57 in pleasanton. and we're going to address, when we get a connection like that straight from the tropic. tonight we're going to talk more about it at 6:00. >> we'll see you at 6:00, thanks bill. what new census information is showing about american neighborhoods for the first time ever. and it's a workshop far from the north pole in a place you may never expect. who is building toáeus toys here in the bay area for needy kids.

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census data released today shows that america's neighborhoods were more integrated last year than at any time in the last 100 years. experts looked at the racial mix in neighborhoods and found that in 2009 the average white american lived in a neighborhood that is 79% white compared to 81% in 2000. the average black american lived in a 46% black neighborhood down from 49%. for latinos their average neighborhood was 44% latino down slightly from 45%. and looks like santa claus is getting a helping hand this christmas from what you may

consider an unlikely group of elves right here in the bay area. >> taking time to do this is a joy. >> reporter: the elves here are inmates in milpedas. many have put their time behind bars to good use making toys out of scrap wood. >> there's people who don't have the opportunity to learn the trade, they come in here and learn this trade and make something of their lives. >> to know that some kid out there who doesn't have luxuries of toys and things like that are going to be holding something that i made for them is a great feeling. >> for the past nine years, inmates built and donated about 3,000 toys for deserving children. and this year the inmates have outdone themselves, today they donated a record 400 handmade toys to the marine corp.'s toys

for tots program. ktvu channel 2 news at 6:00 is next.

>> i'm for the way he looks, he looks big and threatening but he's really not. he had a gun but friends and family say he was not a threat. the innocent reason they say he was armed when police shot and killed him. it is a process of elimination in the investigation of the san bruno pipeline explosion. the new finding tonight that is shedding light on what did not cause that deadly crash. good evening everyone i'm frank somerville. >> and i'm julie haener. it is a rainy commute around the bay area tonight and it is just the beginning of what is ahead this week. let's get right to the weather and storm tracker 2. bill martin is monitoring the conditions and he has the latest on where it's raining the hardest right now, bill. >> that's what we talked about last night. the rain, the heaviest rain has showed up. take a