john sasaki live at that school tonight with those angry parents and the school's reaction, john. >> reporter: frank here at buena vista elementary school students received this letter at the end of class today. two school days before this shocking event. using vague terms as an incident and derogatory note the letter does not come close to describing what happened. >> when you get a racial death threat, i think the professionals need to be called. >> the incident was that my daughter received a note at 11:45 saying [ bleep ] i'm going to get my dad's gun and kill you >> reporter: debero says it included a drawing of the girl being shot. >> the crime that is being investigated is called a terrorist threat. >> reporter: that's a felony and walnut creek police say they believe one or two of the victims classmates both fifth grade girls both made the note and left it on the desk. but they don't think anyone was

in any danger. >> as far as you know, was there a gun at reach of these kids. >> i don't believe so, no. >> i'm outraged, totally outraged. >> reporter: the note was only half of the problem. >> i think the ball was dropped from the beginning. we weren't called as parents. the police were not called. >> reporter: police confirmed they were not called in the six hours after the event. the parents asked for police to be called. other parents are outraged as well. >> i'm shocked. i don't even know what to say. >> i need for the kids to be educated that everybody is equal and everybody should be treated right. >> reporter: the victim's parents told me she is still too scared to come back to school. school officials including the superintendent refused to speak with me. live in walnut creek, i'm john sasaki. members of the occupy movement in san francisco lash out at city officials today as

they stand their ground in justin herman plaza. david stevenson joins us now. he's live with word that some vendors are worried that the protests could hurt their bottom line. >> reporter: occupy members say they are uneasy with this move. >> you are out of order. >> reporter: occupy san francisco members angrily addressed mayor lee about this weekend's confrontation between protesters and police. >> since he publicly says he supports what we're doing. on sunday night he had the ultimate authorities to call the police officers off and did not do so. >> reporter: let's be clear. long-standing laws on the books that help keep our streets and sidewalking safe do not interfere with the right to peacefully protest and occupy space. >> reporter: camping on the plaza is illegal under the city code. though the city is in talks with occupy sf members about the encampment. >> we have filed for a permit for the space.

we're not sure if we're going to get that or not, but we've at least filed that. >> reporter: that is not good news for some vendors who have permits to be at justin herman plaza. this bike stand was moved away from the growing encampment. one vendor said the protest is bad for small business. >> nobody wants to come and rent bikes because of the scene. >> reporter: others are keeping aweary eye on the movement from across the plaza. >> seems pretty peaceful. but i prefer to be away from the commotion if there is one. >> reporter: the city's recreation and parks department tonight told me so far the protest has not caused any vendors to lose their stalls. the goal is to put the

initiative on the november 2012 ballot. the teacher's union tells ktvu it is working with a coalition of groups it may also consider the idea in a meeting in los angeles this weekend. our coverage continues on ktvu.com. you will find unedited edited video of the occupy wall street in our area. police are investigating a shooting one in which two students were killed execution style. robert handa is at the latest shooting. >> reporter: many san jose police officers tell me they have never seen a crime surge such as this. the shooting death of a teenager here in san jose is the latest in a bloody two week span. san jose police investigators are busy today and have been since early october. working numerous shooting death cases such as one here on ross circle of an 18-year-old man last night. at a news conference, detailing

five shooting deaths including several involving officers, police displayed this picture of 38-year-old hell's angel member steve joseph ruiz who investigators believe killed steve pallson during a confrontation at the shooting of another hell's angel biker pettigrew. police with a warrant searched pettigrew's grave in case that ruiz was killed and put in there. >> we . police today said a man with a handgun killed by police, ricardo moreno is the person investigators believed murdered two students on third street near the san jose state campus two days earlier. we have subsequently been able to confirm that the firearm that ricardo moreno was holding was the weapon used to kill the two san jose state students.

>> reporter: police say they have a possible motive. >> the victim at the third street address was selling narcotics. the person that was killed on hillsdale was a user and purchaser. >> reporter: back live on ross circle, they are looking for two men who killed the teenager. the only clues they were seen driving off in a white late model volkswagen jetta. it appears in and out may be pulling out of their plans to open a restaurant in pleasanthill. the proposed restaurant would have been located on north main street. city officials tell ktvu the company did not give any specific reasons for possibly pulling out. near by homeowners have protested the plans saying it would cause heavy traffic and unwanted noise. the chain still plans to open a new location on contra costa boulevard in pleasanthill. city officials say that restaurant should be open by

mid-may next year. despite passage of a safety bill in the senate. california lawmakers say there are still reasons in the bay area to worry. >> we're earthquake country. these are 38 million people. these pipes are all under ground. they are in dense places. >> reporter: and the bill does not require a remote and automatic shut off valve for existing pipelines only for new or replaced lines. the house of representatives is considering two competing versions of the safety bill. pacific gas and electric's told lawmakers today the company is bringing in a formal ntsb chairman to serve as a safety advisor. jim hall is being hired to make sure the -- is responsive. viacom is appealing a court ruling by you tube. a lower court found that the video service owned by google is protected from such claims

but an attorney for viacom argued today that you tube benefits financially from copyrighted works on its site. google says when it learns about a violation it takes down the video immediately. intel blew through earnings. intel's revenue totaled more than $14 million. that's a 30% jump from this time last year. apple fell short of expectation -- expectations. the company's revenue was 28.3 billion, shy of the expected 29 billion. apple did not release any new iphones or i pad during the reviewed quarter. the dow gained 180-pound, nasdaq also finished the day

higher up 42 points. a new report is shedding light on california's depleted fund. the state owes $8 billion to the federal government that it borrowed to pay unemployment benefits. the record finds that while california pays lower weekly benefits than other states it pays them for longer periods and to more people. the state could consider changes to eligibility and the amount of time that benefits are paid. wildlife rescue workers are searching for an injured hawk that was shot with a nail gun at golden state park. here's a picture of that wounded bird which was spotted last week. the group called wild rescue has set up traps in the area and are hoping to capture the bird and take it to a veterinarian. a $5,000 reward is now being offered leading to the conviction of the person responsible. wild rescue is asking anyone who sees the bird to go to its website and report the location. you can find a link to their site under web links on

ktvu.com. some of the bay area's most threatened bird species are making a come back thanks to decades of conservation efforts. a new life-support finds pop -- a new report finds populations of the leaf turn has increased among other species. the study credits efforts all the around san francisco. it's part of harvey milk plaza at castro and market in san francisco. the bronze plaque was bolted in seem and had been there since the 1980s. it's not clear if this act was an act of homo phobia or someone stealing the plaque for the metal. >> this is disrespectful to the castro and the lbg community. the plaque had a summery of

harvey milk's life -- summary of harvey milk's life. low clouds hugging the coast this afternoon and rolling inland as we speak. coming up we'll talk about that cooling trend that will continue for your wednesday. so...what do you think? i'm not crazy about these light fixtures. kitchen's too small. what's next? 607 franklin st. ♪ sea bass... ♪ ooohhh! ♪ i like it. yeah, i love the kitchen. [ male announcer ] the epa-estimated 42 mpg highway chevy cruze eco. perfect for finding your way home.

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apple will close its retail stores for several hours tomorrow so employees can watch a web cast of a memorial service for steve jobs. the memorial is set for 10:00 in the morning at apple's cuper to the best tino's

headquarters. the apple's cofounder died of pancreatic cancer. there's been a cry from the community because families are being separated. county supervisors voted to limit -- the program called secure communities was supposed to target violent offenders and deport them. but too often legal immigrants are getting caught up in the system creating distrust between law enforcement and immigrant communities. also today the u.s. immigration and customs enforcement director said his agency deported a record number of people this fiscal year. nearly 400,000 in all and i.c.e. says 55% of them were convicted criminals. now specifically in the district that includes northern california, i.c.e. says it deported more than 19,000 people including more than 12,000 convicted criminals. american express said today it expects the number of people

planning to travel during the holidays to be about the same this year as last year. the company plans people to spend $300 more mostly for dining and entertainment. most of americans will drive but air traffic is expected to be up 10%. consumer editor tom vacar joins us now live from virgin america headquarters, tom. >> reporter: more specifically i'm joining you from their flight attendant training center here in buehrleing game. very important thing. because those folks are here to serve drinks but their real role is to protect passengers and help evacuate the plane in a real emergency. we asked virgin american founder sir richard branson and richard cush why this up surge in holiday bookings is good. >> it's not too bad at the moment. it hasn't sort of fallen off the precedent like it did 2-1/2 years ago. >> what we're seeing with bookings going into october,

november and december is that the business traveler is flying. i think that bodes very well for the economy. >> considering what you read in the press not too bad. so i think that -- i think virgin america gets more than its fair share. >> sir richard said that the future is in the hands of employers who must start betting on a better future. his biggest worry that the banks will not reveal its true conditions. but his biggest hope is that the airline will get more business and that will lead to jobs. and the fight attendants learn from dealing with real emergencies. that's the purpose of this. come december virgin america will then set up and be very close to here in buehrleing game, a pilot training center. a big thing where they will practice all kinds of emergencies and things like

that. rather than train their pilots in dallas or miami they will be bringing them from all over the country right here and other airlines will take advantage of these training facilities as well. for an airline, this is a really big deal. tom vacar, ktvu channel 2 news. california's health care exchange program ranked top in the country in a new survey. the california public interest group released making the grade. the report shows the state's two programs offered consumers easy access to high quality health care. the programs were created to comply with the 2010 federal health care law. >> we've taken significant steps to set up a strong proconsumer exchange that can help californians get more affordable care. the state's two exchanges won't be implemented until 2014. one is for individuals looking for health care coverage. the other is for small business

owners. the -- as part of a pilot program, a dashboard replaces the white board used in many hospitals. the dashboard gathered data from electronic health data. it helps the care given in one of three cases. san francisco dog walkers will soon have to get a permit to continue their business. if the measure passes they would be required to pay a fee and receive training. and they would be restricted to walking a maximum of seven dogs at a time. in palo alto a plan to remove more than 30 trees at a local park is the focus of a community meeting tonight. the midtown residents association says city officials are expected to provide details and listen to concerns about planned tree removal at greer park. the meeting started at the

friend's park community center. good afternoon to you. today's temperatures really driven down. we had a cooling trend that actually cooled us off any where from 10 to 20 degrees in and around the bay area. inland areas not so much. but take a look we got low clouds hugging the coastline impossible to see that sunset from the city at this hour. that westerly breeze has really picked up over the last couple of hours. any where from 10 to 20 miles per hour. at fairfield coming in from the west it took almost all day for that to happen. it has finally arrived. 78 in livermore, so our inland areas warmed into the 80s once again. but around the bay, quite a difference. 70degrees right now san jose, but take a look at san francisco and oakland under mostly cloudy skies. oakland you can see has actually seen the low cloud deck move in. 61 in san francisco, 64 o akland. and we're still looking at mostly cloudy skies above oakland. 67 santa rosa right now.

70degrees in napa. the cooling trend will continue wednesday will be our coolest day and we're expecting the possibility of drizzle through the morning hours. so this is what we saw again for today. 10 to 20 degrees of cooling around the coast and bay. inland areas it was closer to five to 7 degrees. the drizzle through the morning hours, and we are expecting a breeze in addition to temperatures continuing to fall. this system that has been off the coast is finally going to move. and it moves over northern california in time for the late evening early morning of wednesday. so when that happens, the deeper marine layer bringing on the possibility of some drizzle. we only need just a little bit of lift for this to happen. you can see, we have it with us. it looks like an afternoon burn off unless you're at the coast. widespread low in the 50s expected as we start the morning. so a little bit cooler than what we've seen. the afternoon highs will be cooler as well. 60s and 70s at best. 60s expected in danville for the afternoon tomorrow. 75 in san jose, at the

peninsula it's going to be a mild day. mid-50s in san francisco. mid-60s expected for the coast. once we get past wednesday we're going to see a nice warm pattern as we approach the weekend. take a look at saturday and sunday. we'll be looking at the low 70s for the coast. low 80s inland. we're back to great looking weather for the weekend. >> after we get over the hump it's clear sailing. >> yes. >> good, thanks rosemary. wall street protests are again expanding over the bay area. new at 7:00, find out just where the latest action is kicking up at this hour. also online giant google under federal scrutiny. why the irs is now examining a recent eight figure tax payment. those stories and a lot more coming up in just 30 minutes on tv 36. a block buster trade today involving the oakland raiders after their starting quarterback broke his collarbone. police say it needed to find a new quarterback and today they

did. the former heisman trophy winner coming to the bay area next, in sports.

today east bay congresswoman barbara lee announced $350 million in federal funding for the port of oakland. the money will go to maintain

the shipping channels at 50 feet deep so that large container ships can come through. more than 2,000 ships passed through the port of oakland every year. joe fonzi is in now for mark ibanze. a lot of people talking about the raiders and their new quarterback tonight. >> that they should be. the raiders today made their first big personnel move since the death of al davis and it was a block buster this afternoon at their alameda facility. the raiders introduced carson palmer someone many consider an elite level nfl quarterback. palmer was available prior to the trade deadline because he had refused to report to the cincinnati bengals despite being under contract. the raiders felt the need for an established quarterback after campbell suffered a broken collar bone yesterday. he has a history of quality play but also injury. to get him oakland gives up a draft pick. hugh jackson on whether the price was too high. >> i don't think you ever mortgage the future of an

organization when you're putting a real big time franchise quarterback on your team. i appreciate what everybody thinks but i'm really concerned about what we think here. and i think we're very comfortable with that. number two, 2012 will take care of 2012. >> i've been around long enough to make the sacrifices that this organization made to get me. you know i also understand there's a lot that comes with playing, playing this position, playing quarterback. it's definitely a burden and i'm going to take it head on and do everything i can to win. palmer hasn't played since last season. so if needed on sunday, is he nfl ready? >> calling a play in the huddle when you're tired after you just ran you get the wind knocked out of you. you're getting off the ground and ready to start talking in the huddle, things like that catches your breath. that's football shape. when you do that is in practice and in games so obviously i'm not there yet. >> and we will talk world

series tonight at 10:00, see you then. >> that's right, that's coming up. >> tomorrow night, yeah. >> joe, thank you. ktvu is always on online and right now on our facebook page you can tell us what you think about the new quarterback for the raiders. we've posted a poll so join the conversation just look for ktvu channel 2 on facebook.