patrolling? no. >> reporter: in her latest letter the mayor stopped short of saying she will clear out the tent city on the plaza but urged demonstrators to have a dialogue about reaching reaching a resolution. >> she supports us but thinks its costing jobs. >> we must find a way to not negotiate but start nudging the people out of this place right now. >> reporter: off camera city councilmembers wouldn't be specific but say they are working on their one plan to end the camping. protester offered her own

solution. >> get us out of here, hire us, hire us. >> reporter: and again we just got this new video from oakland police a little more than an hour ago. we are still going through all of it. we will show you more at ten. as for the reported rape during the protest last week so for police will only say they are following up on it. we are live in oakland. ktvu channel 2news. >> and more details, protesters started camping at the plaza almost a month ago on october 10th. police cleared out the camp but they came back the next day. police and protesters clashed again last wednesday after the group's general strike. officers used tear gas to break up a splinter group that set fires. >> there may belong term consequences for politics because of the events around the protest camp.

a former politician who was defeated in last year's mayor race said he doesn't like the way the mayor is handling the situation. >> it's a disaster. it's probably the worst thing that could have happened. we have been through quakes, fire but those were natural disasters, this is man made. this was a political error in judgement. >> reporter: under rank choice voting he lot of the race even though he had more first place votes. he said it's a poor way to decide elections and should be done away with. >> state elections are on hand for another rank choice election. the race for mayor of san francisco. david stevenson where the drama hasn't turned out to be a rush to the ballot box. >> reporter: the polls open for another two hours but election officials remarking on what appears to be a suggest

slubgish race. even as voters showed up to cast their ballots turn out was at 17%. >> for the -- where the mayor it's normally 50%. for us to get up to that was -- has to be a bit of a push on the voters part. >> reporter: the director of elections said he doesn't think rank choice voting discouraging voter turn out but. >> for this election one of the questions of the ballot -- is this the proper method to use. ? >> with the rank choice factor the only way to get around that is to vote for one and eliminate the other two. >> reporter: a voter is also serving as poll inspector. he said he researched to cut through a field of 16 candidates. >> i tried to scout them all and see which was most valuable or most appropriate for my vote. >> what's interesting is how

static it seems to be. the voters don't appear to be active. >> reporter: a professor cory cook said the hundreds of thousands spent on adds did little to motivate voters. >> it appears a lot of voters never made up their minds and are staying home and a lot made up their minds months ago and a lot of the last minute rush of campaign advertising may not play a big role because the timing may have been off. >> reporter: now here is what is a head tonight. at 8:45 we will get a look at the results of vote by mail ballots. those will be the first choices, updates including polling place results will be announced starting at 9:45 and rank choice voting will be available tomorrow at about 4:00 in the afternoon. reporting live in san francisco. david stevenson. >> alameda has federal voting monitors. they are here to make sure voting material is available in

spanish and chinese. monitors will also in parts of mississippi, texas, ohio and massachusetts. and stay with us for complete election coverage tonight. we will bring you the latest in the big races including the race for mayor of san francisco. >> a ruptured pipeline, tom is live at the site where residents say they could smell trouble before the pipeline burst. >> reporter: you can really smell it now. this is the worst kind of surprise, finding you live on or near a pipeline. residents knew they lived near a weapons station but what about almost on top of a major pipeline? >> i didn't know there was any kind of lines, not this close to my home. >> no idea until yesterday.

>> reporter: they now know a leaking pipeline is the cause of the smell. some say they have smelled it for weeks. >> it's just a smell just -- not something that i have smelled before and that is concerning. >> the wind comes into our kitchen and patio and just very difficult to breathe and very uncomfortable. >> reporter: the health department released a statement saying air readings show the leak isn't a significant health threat. some who smell it may experience headaches or nausea but they should be temporary. the pipe's owner said the repair and clean up is a top priority but it'll take some time. >> i would hate to speculate. we will do this swiftly, safely and all we can do minimize any impact on the environment, people, community. >> reporter: crews have started digging out the i go soaked effort. >> they say it'll get ugly. >> reporter: residents say a map or website telling them what kind of pipelines nearby

should be available to all. would you use it? >> i would. i would know if -- especially if we have been smelling things for the last few weeks we would know. >> there needs to be more disclosure. >> reporter: and currently such specific information is hard to find. you can see the work goes on until the job is done. >> prosecutors arrested their case in the pile of a mother facing second degree murder charges in the deaths of four children. the 25-year-old is a accused of leaving her three children and a neice alone in an apartment with candles burning in april of last year. prosecution witness said the candles likely started the fire. >> there is no question that the fire happened and no question that the children were left alone. that's the bottom line. >> the defense started presenting its case this

afternoon with a witness who said the fire investigators didn't establish how the fire started. >> the court is tackling a question of police tactics and personal rights that hits here at home in the bay area. new at six robert honda is live in santa clara with the american muslim who found a gps tracking device on his car. >> reporter: we are at the auto shop where that tracking device planted by the fbi was found and now the car owner wants to see how the court rules on another case to find his own legal actions. he said he still isn't sure why he is being treated as a treat to national security. he filed a lawsuit against the fbi after he found a gps device on his car. the college student said it must be because he can speak arabir and has traveled overseas on business. >> i'm being treated like a terrorist and i'm an american citizen. >> reporter: today he is

watching the court as it addresses a case the united states verses jones in with which a drug conspiracy conviction was thrown out because evidence was gathered with a planted gps without a warrant. >> regardless of if they are guilty or innocent they are afforded very specific protections under the law and those protections protect all of us. >> i think they need enough information against this person including a warrant to be used. >> reporter: a law expert points out he was apparently targeted only because of suspicious. >> his being muslim or going back to egypt for a funeral or associating with certain people is bad enough for the government to come in and put a device on your car. he has a stronger case. >> reporter: the court decision on united states verses jones

is expected by spring. his case against the fbi is being frozen until that ruling. the fbi won't discuss his case but maintains it followed all policy. live in santa clara. >> >> professorsal all 23 cal state campuses walked out to join the picket line. staff members at san francisco state are demanding more pay. the california staff association said they went back on a pay race agreement made two years ago. the chancellor said they were based on funding it never got. the governor's plan to fit the growing peculiar problem is picking up more support. the legislative analyst called it a bold step toward much needed reform. republican an lawmakers also supporting the proposal. it would increase the retirement age and would people to pay more toward their

retirement. >> a software flaw could let hackers access i-phones. a researcher found it and managed to up load an app to i- store that could take over phones. apple hasn't commented but the researcher said his developer account has be closed. android users getting help finding parking. officials said the sf park app is now available on google's phones. it gives people realtime information on open parking spot around the city. the app was introduced in april. >> he has spent more than half his life here. now the last different effort underway to keep a man here facing deportation. >> it's california's first new school grade in more than a hundred years. the new class being formed for children not quite old enough for kindergarten. >> its going to be cold and

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. firefighters are trying to figure out who grew 300 marijuana plants found during a warehouse fire overnight. it happened just after midnight on 143rd avenue near washington avenue. crews put out the fire in minutes and found the plants inside the building as well as pot growing equipment. >> an investigation is underway in brentwood after a police officer opened fire on two men he said were breaking in to his home. it happened around 11:40. police say the officer who works in pittsburgh saw the intruders trying to break-in and shot at them. one of them was hit. the other got away. witnesses had little sympathy for the man who was shot.

>> i think it's bad times now and people are grate and that's just how it goes. i think that one less person on the street is good. >> no word on the condition of the man who was shot. police say they do have surveillance video that could help them find the second man. >> a daily city man is packing tonight after spending 16 years building a life here in the bay area. new, we are live from san jose with the reason this man is a model for dream act. >> reporter: those people right now are just wrapping up a press conference in hopes of keeping the graduate in the united states. late today immigration said they are preparing to move forward with his deportation. 31-year-old jose and his wife were busy packing today because he is set to be deported in just four days. >> hardest part i think is -- having to get a good night's sleep, thinking about what will

be my future if i have to go. >> reporter: he grew up in the philippines and moved with his family in 1995. with that case pending he went onto graduate from west more high school and san francisco state. after he married last year he got the news his request for political asylum was denied. while his wife is here on a work visa he was told he would be deported this saturday. he said his company is sponsoring him to be a legal permanent resident. >> we should look at the enforcement and deportation priorities. >> reporter: a law professor said the fact he has a work visa oposition is reason for hope but there are thousands of others like him in the united states. >> he is the model for the dream act eligible person. that all being said he is also out of status. >> reporter: late today

officials said that his case has been reviewed by the courts, all the way to the 9th court of appeals and say consistently they found he has no legal basis to stay. they next plan a individuall outside senator center barbara feinstein's officer. next year transitional kindergarten classes will start. the deadline for turning five will move back by a month so all kids will have to be five when they start school. some say starting kinder gnat eastern at an older age improves a child's social and academic slopement. >> if you aren't ready are you behind in first grade and then in second and sometimes further behind and further, you miss being good in reading. >> the superintendent said

transitional grade will also help stop kids being held back. head start offers prekindergarten education to kid from low income family. president said schools will have to meet certain guidelines before getting money. here the government spends about a billion dollars a year for 31,000, 3-year-old's. >> chef chevron is pulling out of sponsoring a well known show. they say chevron decided to cut its sponsor ship for the pbs news hour at the end of the year after reviewing it's budget and goals. they have been the main underwriter for the show for four years contributing two million dollars a year. >> get ready for a cold night. if you have business outside, around town or going to a movie it's going to get down in to the 40s by the time you get

home around ten or 11. besides that the morning temperature will we cold as well. big ridge of high pressure, the high pressure residing here, that's why there is clear skies, the high pressure center stage with ostomy night and tomorrow morning. it delivers temperatures like these. slightly warmer than yesterday morning but these are cool numbers, chance of valley fog, frost in the coldest spots, vallejo at 40, livermore as you hit the bus stop tomorrow morning at 7:30. about 41 degrees. that's cold. no you get a -- especially valley fog, the temperature of 42 degrees or still out in clayton it's cold. just think about that as you send the kids off. then tomorrow afternoon, these are the highs today but tomorrow's highs will look like this. low and mid60s in the warmest spots, maybe upper 60s somewhere but just a mild nice day. that's your wednesday. into thursday temperatures start to -- cooldown as the

clouds increase. tonight cool, cold, maybe valley fog, maybe frost, north bay valleys -- wet weather coming back in to the forecast as we head into thursday. wednesday and thursday, more of the same, clouds increasing on thursday and by thursday night, friday morning, rain return was a cool weather system that rolls in, it'll give a quarter inch much of rain, more in the coastal hills, maybe a half inch or more. the mountains talking about more snow around the lake tahoe area. the computer model, here is thursday morning, the clouds start to thicken up. thursday looks good. here comes thursday afternoon. look what is right off shore, thursday evening, constituent sitting off shore and then here we go friday early morning eight, friday around lunchtime  and then afternoon. looks like the afternoon drive, morning and afternoon are going to hit and then the five-day forecast illustrating the

friday will be a wet day. weekend probably a few showers in there but a chance some of the areas keeping dry. there is the weekend in view. . >> all right. good. thank you. >> a reminder the first nationwide test of the emergency alert system will happen tomorrow at 11:00 a.m. and will air on every tv and radio station including cable and satellite channel. it'll last for about 30 seconds and is like regional systems. tomorrow's test is a joint effort between fema and the fcc. >> so far it seems like san francisco's rank choice voting may impact turn out. we will ask leaders how it's shaping up. also we are on asteroid watch. a rock the size of oracle arena. we have new pictures, these and more in 30 minutes on t36. >> first he brought his

airline here and now richard branson is invests in technology. the company is he writing a check too.

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new investment in the bay area. the virgin group founder is reportedly putting several million dollar into square. square lets businesses take pay mens through tablet computer is mobile phones. no word on how much he is investing. >> very serious situation at penn state. i don't know how the coach will survive it. there are reports that support for keeping joe paterno as the head coach is eroding in the wake of a child sex abuse scandal. jerry sandusky was arrested on charges of abusing eight boys over a 15 year period. the coach has been criticized for failing to follow up on a report after an incident in 2002 after a report of sandusky and a 10-year-old in the shower room. the coach canceled his press conference today. reporters caught up with him

outside his home. >> you guys have a lot of questions and i was hoping i was going it be able to answer them today but we will try to do it soon as we can. can't do it today. >> no rest for the raider who had a disappointing loss on sunday to the broncos. oakland right back at it in the afc west. two teams part of a three day tie. raider fear carson palmer looked more familiar with his new team on sunday scoring three touchdowns but also threw three interceptions and they allowed 299 yards rushes. jackson knows those parts of his team have to get better. >> can't continue to put ourselves in negative situations, that just beats you. we have beat especially ourselves lately. the turnovers, not finishing i think the team understands its something we have talked about and will continue to address. >> and a big one for the 49ers

on sunday taking on the giants. >> big one. thank you. >> and our complete bay area news coverage continues on the website. we are following tonight's local elections as the polls get ready to close in about an hour and a half. . and log onto find results for your city and county and tune in at ten for complete election coverage. we are staying on another half hour tonight. thank you for trusting ktvu channel 2news. [ rapid footsteps ]

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