the domestic violence scandal regarding san francisco sheriff is changing by the day. we'll tell you how he switched attorneys and what he had to turn over when he was arrested. >> both -- how the crimes could end up costing you money. >> and there's going to be a big clean-up for two downtown berkeley restaurants this morning after a nighttime fire. we'll show you the extensive damage. >> plus, police call him the evil clown robber. how he met his match! morning option 2 begins rights now! good morning. welcome to mornings on 2. i'm dave clark. >> i'm tori campbell.

it's thursday, january 26th. san francisco sheriff ross mirkarimi has a new lawyer, as he gets ready for his next court appearance. ktvu's tara moriarity joins us live in san francisco with the new developments in this domestic violence scandal. good morning, tara. >> reporter: good morning. we spoke to deputies here at the hall of justice and they are really bracing for a media circus come february 24th, when the trial is expected to begin. the story has been covered internationally because of the fact that the alleged victim here is a former soap opera star from venezuela, and the fact that the sheriff was indeed booked in his own jail. now just yesterday, mirkarimi parted ways with his attorney, robert waggener. we don't know why but his lawyer is now lydia stiglich of berkeley. she will be here for today's hearing where ross is supposed to ask the judge to lift or modify a stay-away order which bans him from contact with his wife or son. mirkarimi faces three misdemeanor charges stemming from an alleged domestic

dispute on new year's eve with his wife. according to the gate, the new attorney says we are confident that sheriff mirkarimi will be an solved of all charges, once. facts of this case are separated from rumor now we've also learned that mirkarimi surrendered three guns when he was arrested. even though he is sheriff, some may be shocked by this because mirkarimi has been a very vocal advocate of gun control. if he is convicted on the domestic violence charge, he would not be able to carry a gun as sheriff. yesterday prosecutors released their witness list, and lopez is at the top of that list. shows also scheduled to appear at a rally in support of her husband here at the hall of justice before his hearing. a pre-school in california's lake county is scheduled to reopen today following a health scare. on monday a health department shut down the early connection

pre-school after one student was diagnosed with meningitis. local health agencies have since given antibiotics to dozens of children and adults who may have been exposed. they are also disinfected the pre-school grounds. will the owners and staff of two downtown berkeley restaurants will be cleaning up today after an overnight fire. it happened at fulton and kittridge streets. lorain blanco is there to show us some of the damage. good morning, lorain. >> reporter: good morning. the front of those restaurants that face kit rich look just fine. but when you walk on the back alley you can see a lot of broken grass on the ground, and if you peek inside the window you can see some extensive damage to the back ceiling. let's look at what it looked like last night. the fire prompted a two-alarm response around 9:30 wednesday night. two downtown restaurants on kittridge suffered a lot of damage, great china restaurant

and organic kitchen. first responders closed down streets in the area while firefighters fought the flames. they also evacuated the next door apartment building. hundreds of residents fled their high-rise homes, several told us the elevators in the building can be tricky and that's a major concern for the disabled, like ronnie. >> pushed the elevator, out of order and i had to -- from going up [audio not understandable] so little leery. >> reporter: firefighters controlled the flames very quickly. as a result there were no serious injuries here. we're waiting for an estimate on the cost of damages. reporting live, lorain blanco, ktvu channel 2 news. one of most famous tourist spots in san francisco will get a facelift. the chronicle reports jefferson street and fishermans wharf will turn no a pedestrian friendly promenade. it will be a wider sidewalk and a more narrow road. it should be more room from

street vendors and entertainers. the idea to keep tourists interested and shopping in that area. the $5 million project is being performed quickly, trying to be a stay ahead of next year's america's cup yacht race. president obama continues his post-state of the union tour today in nevada and colorado. this is video of the president arriving in las vegas last night. this morning he'll speak at a ups center in las vegas, before heading on to an air force base in colorado. president obama will push his ideas for clean energy and increased domestic oil and gas production. there were some tense moments yesterday during president obama's arrival in phoenix i arizona. coming up at 7:15, we'll have a live report on the complaint from the president that led to this finger-pointing encounter with arizona's governor. a group of school bus drivers are planning a protest in the east bay today. the drivers with durham school services in hayward and

livermore are demanding safer work conditions. members of the teamsters as well as community leaders will also be part of this. the protest is set to begin at 6:30 this evening in san leandro. let's check in again with sal, see how things are going on the roads on this thursday morning. >> hello, right now traffic is going to be busy almost all over the place. and fog is an issue. show you the foggy south bay here, where traffic is going to be -- a little bit slow as it normally is, but it is also going to be affected by some low clouds and fog as steve has been telling us. so just put that into your mind as you head out to the morning commute. bay bridge, the clouds are there, not as low. there's a backup that stretches for about a 15 to 20-minute delay. contra costa county, antioch, the slow traffic, but the relevant of it looks good. just a little bit of slowing in pleasant hill. if you're looking at the maps south to walnut creek, and on 80 westbound much better today than it was yesterday for

obvious reasons. pinole to richmond, just a moderate commute heading west. on the nimitz frequent slow traffic starts just after 238 on down to about alvarado niles. >> very good morning. mostly cloudy here now, some of this cloud deck up there, and some of it right down on the grounds. all major airports saying some fog in the area and reduced visibility. so it's going to be a cloudy morning but really mild. in fact, temperatures are in the mid-50s. so it's tropical feel coming up from the south west. looks like we're done with the rain unless it's mist or drizzle and towards mendocino county. and that's just really what we call warm. we have a lot of low clouds in the air saturated. we had our three systems came in last week, ended on monday, and now it's back to dry and looks like it will stay that way so back to a mostly sunny pattern, and a dry pattern as we go into the end of the month and also maybe even early february as well. and there are some areas of rain to the north. there's just so much moisture in the air, it doesn't take much so some of that continues to produce some light rain,

mendocino county, lake county, could produce mist or drizzle here but mainly a foggy morning. 50 to 57. reason why it's so mild to warm is the dewpoint, the moisture in the air is really high. and so once the temperature hits that, it just form fog and it can't cool down anymore, so lot of lows in the 50s. by noon 54 to 60. looks like the fog will stick around longer today. 57 to 67 on some of the highs. this is the fog forecast with a few high clouds. by even through 10:00 this morning, there's a lot of low clouds there. few breaks but even noon to 1, till 50-50 later today, then some sun. i think because the duration of the fog lasts longer, temperatures come down just a bit even though the lows are really mild. 54, 55 concord, 57. san jose foggy and 56. 55 san rafael to 56 redwood city some it wouldn't take much to get into the mid-60s. i just think the fog hangs in. jetstream main core stays way north and it will stay there

awhile. very foggy here, then sunny. some low clouds and local drizzle. upper 50s, low to mid-60s. almost uniform here. just a shade or two cooler towards the north bay but then mid-60s, pleasanton, livermore, san ramon, even millbrae, san mateo 63, if san jose 65. and 67 santa cruz. probably the warmest. little less fog on friday, then sunny side up and looks goods for your weekend. temperatures warming up! >> thank you, steve. in sacramento a would-be robber met his match while trying to hold up a convenience store. the suspect was scared off by the store owner's 7-year-old father who is a retired police officer from india. the incident was caught on tape. a masked man entered and pointed a gun at the man. he chased the suspect out of the store and ripped off the suspect's mask. >> when somebody shows you their gun, what else you can do? you have to do something to

protect the whole family. >> police have dubbed this criminal, who is still on the loose, the evil clown robber because of his mask. he is wanted for two other robberies and he is considered to be very dangerous. incredible story. time is 7:09. companies in silicon valley and elsewhere prodded to fess up to the fast growing threat to their businesses and customers, costing billions a year. why occupy protestors forced the oakland city council to stop its meeting last night. plus, it's probably the most unusual reason ever for a flight delay, how a cat got into the cockpit and why it took so long to get him out.

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spree foggy conditions this morning, almost many locations reporting reduced visibility. once this burns off, might be slower today. we'll have very mild conditions, up 50s, low to mid- 60s. next tuesday, the oakland city council will vote on final budget cuts. last night the board heard from hundreds of angry residents. they packed city hall to protest looming layoffs. union workers joined the senior citizens and occupy demonstrators. oakland mayor jean quan and the council must cut $28 million from the budget to offset losses in state redevelopment funds. >> if you request use your reserves to cover the costs of using hundreds of police to break it up occupy oakland, surely you can use a lesser amount to provide a softer landing for the employees who you are rushing to throw on the streets. [cheering]

>> while there were no arrests, occupiers disrupted the council meeting and forced a half hour recess. mayor quan was escorted out of the chamber as a precaution. occupy protestors continue to clash with police around the globe. this is video out of auckland, new zealand. protestors camped out in a city park since before christmas. but a court ruled they have to leave. and protestors with the occupy uc davis movement have taken over a building on campus. they plan to spend the night at the old cross cultural center following a march yesterday that ended with the building takeover. students say they're upset about rising tuition costs. this morning we're covering the brouhaha between president obama and arizona governor jan brewer. ktvu's allison burns in our washington, d.c. newsroom to explain their heated exchange. allison. >> reporter: dave, president

obama continues his campaign swing today in las vegas. but it was his stop in arizona yesterday that is getting all the attention. let's look at the president getting off air force one in phoenix, arizona governor jan brewer there to meet him. the two got into an animated exchange, she pointed her finger at him. she says the president was upset she had described him as condescend engine a book she wrote last year. brewer says she was not trying to be hostile when she pointed her finger at him. >> i wasn't angry at all. i felt a little bit threatened if you will in the attitude he had because i was there to welcome him. >> brewer says she was in the middle of a sentence when the president walked away. the two have been at odds over immigration issues. reporting live from washington, d.c., allison burns, ktvu channel 2 news. the republican presidential candidates will debate one last time in florida tonight before

next tuesday's primary there. tonight's debate is hosted by cnn. the republican party of florida and the hispanic leadership network. once again it's expected that the front-runners, newt gingrich and mitt romney, will dominate attacking each other, while rick santorum and ron paul will try to gets some of the attention, hoping to provide some momentum to their campaigns. it's also a new cnn poll that shows mitt romney and newt gingrich in a virtual tie for first place among florida voters. 36% of people likely to vote in tuesday's primary support romney. 34% are for gingrich. that's well within the sampling error. 11% support rick santorum. 9% say they're going to vote for ron paul. the securities and exchange commission now requiring companies to disclose if they've been hacked. the extent of the problem has unknown since businesses are reluctant to report cyber attacks.

experts say companies don't report when they've been hacked because they're embarrassed. and because they're afraid going public could encourage even more attacks. a u.s. district judge is threatening a federal takeover of the oakland police department, unless it quickly complies with changes agreed to nine years ago. the judge increased the authority of a court appointed monster. police chief jordan must now consult with the monitor before making decisions such as promoting and disciplining officers. both jordan and oakland mayor jean quan say a federal takeover will not be necessary because they intend to comply with the reforms. the family of a homeless man killed by a bart police officer in san francisco is suing the transit agency. 45-year-old charles hill was shot to death in july on the civic center platform. bart police say he threatened officers with a knife. security video shows two officers getting off a train and drawing their guns. at one time, a knife can be

seen sliding across the platform. but hill's family contend the home last man posed no threat to officers or anyone else. their suit seeks unspecified damages against bart police. in canada a cat fight almost erupted inside a plane full of angry passengers. >> you know what? you guys lied. you should have told us there's a baggage problem. >> air canada flight to toronto was delayed for several hours. the problem, a 10-year-old shorthaired tabby cat named ripples. it broke outs of its cage, then wandered through the bowels of the plane. >> people tried to catch him up front in first class, then he took off into the cockpit and nestled down. >> the ground control crews called in, they removed some of the electrical panels in the cockpit and they captured ripples. the cat's owner feels bad about what happened and promised this was the cat's first and last

flight. >> wow. that would be very frustrating! all right. it's 7:18. it's expected to be a cloudy day, but there is change in the weather pattern that will take us through the weekend. steve paulsen's forecast is next. also a bay area high school basketball team having to do without its top player. the reason the coach says it's fine with him. >> good morning! it's foggy and the traffic is a little slow as you come up to the eastshore freeway and other parts of bay. we'll tell you what to watch out for. -dad, why are you getting that? -that's my cereal.

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7:20. a san jose high school basketball coach is defending his decision to suspend the team's best players. the controversy started last month at gunderson high school. coach michael end suspended the varsity team's five best players for coming to practice as late and talking back. the rest of the team turned their backs on the coach and walked away. although the decision left the

school and some parents divided, coach allen says winning isn't everything. >> the lesson is them understanding that -- [not understandable] to understand that our coach is here to help them get to that next level, if that's what they want to do. >> younger players from the junior varsity team are now playing varsity. they have not won a game since the walkout. the team has lost 17 games. last year the team tied for the league championship. all right. time 17:21. let's check in with sal. you have everything under control out there? >> we're trying to, dave. today is a better day than yesterday, but the low fog is an issue. i want to show you some things here, this is a look at the 680 commute, you're going to be driving in pretty clear weather here but when you get to the bottom of the hill, there is some fog waiting for you in some parts. 237 some slow traffic as well. as you can see, little bit of low clouds and fog and slow traffic heading west into the

valley. also this morning, we're looking at the toll plaza, and that commute is backed up for at least a 10 to 15-minute wait. let's go now to steve. >> all righty, sal. thank you very much. we do have a lot of fog out there. in fact, even some light mist, drizzle. it will be mostly cloudy towards the north bay. few sprinkles in petaluma. northward towards ukiah there's been steady light rain. it's a drippy pattern north. air is saturated. don't have enough here but few high clouds will start to drift over the north bay later on. so we do have very foggy, drizzly conditions for some. foghorns sounding. fog or sun by noon. fog, winds out here more so than yesterday. then mostly sunny later on but partly cloudy in the north bay. mid-50s. why so warm? because the dewpoint, the amount of moisture in the air, is also really high. so once the temperature hits that, say it's 54, boom, there you go. both of them produce the clouds. so it's a tropical feel, lot of

moisture in the air. higher humidity. the main rain line continues to be up towards southwest oregon and northern california, where they'll get a lot of rain up there. just not here. sunny, after the foggy conditions. low clouds if fog. all the major airports showing fog. now once -- if you're sitting at 55, to get to 60 isn't too tough. just don't be surprised if some of this fog and low clouds hangs on. so low clouds then sunny, a misty pattern up to the north. that will be some fog friday but it will burn off sooner than the weekend. except for the mornings cooler, sunny and mild to warm. >> thank you. a bay area high school student charged with rape. the shocking news involving his alleged victim. >> stealing copper from the tracks, doesn't seem to matter there's fences, barbed wire and even the risk of electrocution. we'll tell you about the ongoing problem and what bart police want you to do. >> and he's known for his hard hits on the football field. this morning a 49ers player will hit the books at a bay area university.

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do you want to married?married? there were so many things i was gonna do first. i was gonna hike the appalachian trail. or is it "appa-lah-chian"? and i still have to learn to play the drums. cowbell? cowbell! and i still need to finish my short film. action! okay. but we have a lot to get done first. [ announcer ] before you make your leap, make a list. then get going in the completely redesigned cr-v. all new, from honda. bart police say they need the public's help to catch copper thieves targeting the bart tracks. last year the thefts cost the system an estimated $90,000 p since bart is funded by public money, police say thieves are stealing from you.

ktvu's claudine wong joins us from the site of the a recent theft. good morning, claudine. >> reporter: good morning. yes, police are basically asking riders to keep an eye out on tracks like the ones right in front of us. these targeted this area just last month. but riders we've talked to say they never see anything suspicious, and we think we may know at least part of the reason why. take a look at this video. we've slowed it down. it's a little tough to see, but if you keep a close eye on all of the people on the train, they are all from what we could see pretty much looking down, probably at their paper or booking maybe even sleeping. we shot this video this morning when it was still dark, with a bright light on our camera, pointed straight at the train. from a location that was just targeted by thieves just last month, and we did not see a single person look up or out the window. that's what police are hoping to change because they say the public can be critical to helping them stop the ongoing copper problem. >> i think they can.

>> how do you -- do you know how observant are you when riding bart? >> i watch out for me. >> you watch the tracks? see anything suspicious? roaming around? >> no, not really. no, too dark out there really. so -- it's hard to do that. >> police say remember how expensive the problem as many an estimated 90,000 copper and metal stolen just last year, and if that doesn't sway you, it could affect your commute because the cable stolen effects the efficiency and supposed of the trains. you can see there's a camera, there are lots of fences surrounding the areas. there's barbed wire, locked gates to protect this area of tracks. but in recent theft it wasn't technology but people, a bart employee and a bart train conductor, that helped catch the alleged thieves. and in one of trains that just went by, the conductor was leaning out of the window, gave us a wave so we know he's watching.

claudine wong, ktvu channel 2 news. >> thank you. bail is set at $1 million for a redwood city high school student who is accused of attempting to rape his teacher. the san mateo county times reports the alleged attack happened monday night in the garage of summit high school. police say 19-year-old david vegas questions tried to force his former teacher into her car at knifepoint. officers say he ran off after being interrupted by another teacher. he is charged with four felonies, including assault with intent to commit rape. he is due back in court on february 8th. this morning one of main figures in the so-called law enforcement scandal is due back in court. former police officer louis lombardi faces several charges. prosecutors say he was one of several officers dealing drugs they were supposed to be taking off the streets. earlier the 39-year-old lombardi pleaded not guilty to

the charges. however, there are indications he could change that plea in court today. time is 7:30. more testimony later today in the trial of a suspected gang member, edwin ramos, accused of killing a san francisco father and his two sons, four years ago. yesterday the lone survivor of that deadly attack took the witness stand. 22-year-old andrew bologna broke down in tears as he described the moment his father and two brothers were shot and killed as they headed home from a family picnic. he then pointed to the defendant, edwin ramos, as the gunman who fired the fatal shots. >> also teaching all of us to really valuable lesson and that is our civic duty to even under the most difficult conditions and the most difficult circumstances to step up. >> prosecutors say ramos mistook the family for rival gang members. andrew is now in a witt relocation program because of possible gang retaliation. informational hearing tonight will be focusing on gas

pipeline safety on the peninsula. the forum is a response of the deadly san bruno pipeline explosion in 2010 and last year's explosion in cupertino. assemblymen are hosting the event, including speakers from the puc which regulates pg&e, as well as the pg&e executive. that meeting will be held at palo alto city hall beginning at 6:00. time 17:31. iran's president mahmoud ahmadinejad says iran is ready to resume international nuclear talks. however, president ahmadinejad also says that sanctions will not force iran to give up its demand to continue enriching uranium. the united states and allies want iran to stop making nuclear fuel, worried it could lead to making nuclear weapons. the 27-member european union imposed an embark on iran

monday. fans of apple are converging in san francisco. it's the first day of macro's i world 2012. the convention features 300 exhibitors. coming up at 7:45, pam cook will join us with a look at some of the hot new gadgets and apps. the oakland police department is promoting a high- tech program that allows you to get crime alerts on your phone. it's called nixel, and it's free to use. all you have to is sign up online and choose the area where you live. the program is part of the department's efforts to better communicate and form stronger relationships with the people of oakland. mountain view police have rested a man suspected of breaking into homes to steal women's undergarments and. police say 20-year-old jesus quintero broke in a garage tuesday morning. a woman called police.

police believe he also broke into the garage of a home last month to steal women's garments. an arrest warrant issued for an oakland man suspected of shooting and killing his neighbor. take a look at the photo of 36- year-old ramon mcdonyell. police say he should be considered armed and dangerous. he is accused of gunning down then-year-old isaac white in oakland. police say the two men lived on the same street and that shooting stemmed from some kind of argument. mcdaniel is believed to be hiding somewhere here in northern california. occupy oakland protestors plan their next big demonstration for this weekend. organizers say they'll gather outside oakland city hall at noon on saturday, then march to a building and take it over. they're not saying the location of that building, only saying it's somewhere in oakland. the protestors warn they'll take further action if the police try to stop them.

a possibility includes blockading of oakland international airport, the port of oakland, or even city hall. a federal discrimination trial against the san jose police department is expected to conclude next month. mercury news reports a former police lieutenant claims he was routinely bypassed for promotion because he is african- american. the city denies any misconduct. the current and former police chief are expected to take the stand. the suit seeks unspecified damages juppe the record of a former cal advance worker will say he resigned instead of being fired. caltrans fired him for falsifying reports on some state construction projects. he appealed the decision to the state personnel board. the sacramento bee reports as part of a settlement the firing notice has been removed from his file and he was allowed to resign. he has agreed not to take any legal action and is barred from

working for any state agency again. two projects designed to ease the gridlock on highway 4 in contra costa county are set to begin later this year thanks to $85 million in state funding. the california transportation commission released the money yesterday, allocated the money to widen part of highway 4 and the highway 4 bypass. the highway would expand to six lanes between lone tree way and hillcrest avenue in antioch. the bypass would become a four- lane freeway between sand creek and laurel roads. sfo is reporting delays this morning, if you happen to be traveling we just talked to an airport dittmer. he says arriving flights are about 45 minutes late behind schedule, on average, because of low clouds and the fog that steve has been telling you about. that means departing flights will be delayed as well. so if you're headed to sfo, you may want to call ahead, check with your airline first.

>> and we were reporting yesterday also some construction that will start in march that could -- increase delays. let's check in with sal, get an update on the commute. you said better than yesterday but still slow. >> yes, still slow. low clouds playing a role this morning. we're looking first at the commute in contra costa county, and the low clouds aren't low enough to affect drivers here. you can see it's pretty busy, as you drive through lafayette and get over to orinda, also slow in pleasant hill on 680 and highway 4 west. the morning commute is backed up for about a 15 to 20-minute delay at the bay bridge, which is typical. some low clouds there, also on the bridge. but nothing too low. as you drive on 880 southbound, there's a new crash southbound 880 at industrial parkway. it's on the shoulder but it could be causing slow traffic in the area. and i just wanted to mention that highway 4 is slow in antioch and pittsburg, but also in contra costa county on

pinole, westbound 880 is slow to richmond. if you have to deal with yesterday's commute, today will be much, much better. let's go to steve. >> thank you, sir. and a very pretty picture. some breaks in the low clouds so it's mostly cloudy morning. if you don't have the fog, you probably have some low cloud deck and temperatures are mild. they're in the low to mid-50s. so there's a lot of moisture in the air. and it it didn't take much to get the fog gonzalez. also light sprinkles, about petaluma, sonoma coast. lot of moisture here. you can see how this system is just dragging across the northern part of our viewing area so the north bay gets partly cloudies. once the fog burns off it will be all right. but it's a slow process today and there's a lot of fog hanging on here a little longer. jetstream main core is to the north but partly who mostly sunny today, low clouds, very foggy. foghorns been going off in the city a lot. marina district. it's a dry week ahead.

and temperatures starting off in the 50s for lows. fog, low clouds, few breaks but we'll see more towards noon. fog or sun, 54 to 60. if we can get the fog to burn off sooner, mid to upper 60s. but we cool off just a little bit today, even though it's still going to be very mild. cloud cover, cometh from hawaiian islands so it holds a lot of moisture. will there be heavy-duty rain in the pacific northwest and northern california. i just don't think anything will make it here. 10 day outlook not very -- well, let's just say they're very dry, not bullish for any rain. mid-50s, even concord at 57 degrees. very foggy for oakland airport and san jose. although the visibility is improving a little bit with sfo. you can see how some higher clouds will drift across today, giving us a cloudy day to the north. fogey, sunny, to the south some partly cloudy to the north, and also local drizzle. so 60s and 50s on the temps. they're held down a few degrees in the north bay.

a push for east bay peninsula, south bay, from san mateo, foster city, redwood city, low to mid-60s. about the same down to gilroy. and then even pleasanton livermore in the mid-60s some everyone is close here today. fog will be back friday but burn off sooner. it will get breezy here. the mornings will be cooler but the days sunny and warmer, tori. >> thank you, steve. the recent storms allowed one sierra ski resort to finally open for the first time this season. the lifts at donner ski ranch are fired up and skiers and snowboarders showing up there enjoying the snow. resort has no equipment to make snow, so it relies on mother nature to cover the slopes. we are learning about a death at a lake tahoe ski resort. a 34-year-old british man was killed in a snowboarding accident at the south shore's heavenly mountain resort last week. he was trying to avoid running into someone else, when he hit a signpost and died on the way

to the hospital. important economic reports just out this morning, they're taking the dow to some important milestones. we'll check in on that. also the human cost of an ipad. and some social advice from the pope and how we can all be better listeners.

7:43. the dow heading for its highest close since the financial crisis began, thanks to solid news on factory orders and strong earnings from u.s. manufacturers this morning. also one stock to watch is netflix, the bay area company with fast for raising prices last year. now lot of customers who left

have come back, and that stock is up 22%. taking a live look at the big board, the dow is up 31. nasdaq down slightly, down 4. s&p down 1 1/2. the number of people filing for unemployment benefits is up. two hours ago the labor department reported there were 377,000 claims last week. that's a 21,000 increase from the week before. however, economists look at the overall trend, which shows jobless claims are on the decline. call it panhandling for a job. >> resume out there, if you can put me in touch with anyone, that would be greatly appreciated. >> a colorado man is taking a new approach to the job hunt. he's been standing on the streets of denver, all dressed up in a suit and tie, handing out his resumes to anyone who will take it. the young man has been out of work for one week, but in his book that's one week too long. and the end his efforts paid off. he already has two interviews

lined up. time 17:44. critics of apple accuse its suppliers of endangering the lives of workers. the new york times reports an explosion at a ipad factory in china last may killed four people and injured 18 others. labor activists say some employees at foreign plants work seven days a week, live in crowded dorms and are expose el dorado to dangerous chemicals. it has improved working conditions they say, also instituted a code of conduct detailing standards and safety protections. apple takes over the city today. the big mac world event opens its doors in just a couple hours. pam cook is here now to give us a preview. >> reporter: here's an indication of what you will find inside. this year is not just macworld is it's also i world, because the most popular toy is the iphone and the ipad. the conference is designed for pros to get even better what they do. designers to show off their stuff, and for people who are

brand-new apple users. >> we really call the ultimate i fan event because it's place to discover everything you can do after you walk out of an apple store. >> after you walk out of the apple store you log on to the apps store, right? this i world will showcase 100 brand-new apps. gain your video is a $2 app that allows to you add special effects to your home videos including sound effects and music. for the bigger budget, there's a $99 app that comes with a vibrating wristband to wake you up. and it also analyzes your sleep patterns and provides therapies for improving your sleep. this is a first macworld since the death of steve jobs. we understand the new ceo tim cook will not be giving the traditional keynote address. next hour, i'm going to tell but a new feature for your iphone that could make you very popular at parties. i'll tell you it, sal will love it! >> thank you. the pope is suggesting you should tune out social media

every once in a while. in the pope's annual message on communications, pope benedict xvi advises that you should occasionally turn off your cell phone, turn off your computers. he says silence makes people better listeners. also allows time for prayer. however, the pope is not opposing technology. in fact, he has his own twitter account. the children of the minnesota couple missing in the italian cruise ship disaster are so anxiously waiting for news about their parents. jerry and barbara highlier are among the 17 people still unaccounted for. the children say poor conditions are making the recovery efforts difficult. meanwhile, the captain of the concordia is now telling prosecutors he made a mistake when the ship ran into some rocks off the coast of italy. we have an update on an ongoing situation in rio de janeiro. rescue crews continue to dig for survivors after three

buildings collapsed in a busy commercial area last night. we're now learning that three people have been confirmed dead, 19 others may still be trapped in the rubble. witnesses heard an explosion and smelled gas, but it's still not clear what caused the building to collapse. police in palo alto searching for several men who beat and robbed a man at stanford shopping center yesterday afternoon near the macy's men's store. investigators say several men attacked and robbed the man as he was putting jewelry in the trunk every his car. that victim was taken to the hospital. he was treated and released. police say one of the attackers had a gun. that armed suspect described as a latino man in his 30s. he had a goatee, he was dressed all in black. witnesses spotted all of the robbers speed away in a black dodge minivan. oakland police are concerned about a recent rash of cell phone robberies.

new and expensive smart phones are popular and lucrative target. officers are urging people to stay vigilant and not be distracted by talking on the phone while walking. police also suggest installing anti-theft or tracking software. the city of lafayette is holding off on more cell towers. the contra costa times reports the council approved a 45-day moratorium giving the city more time to draft an ordinance. lafayette currently does not have official guidelines regulating the location and design of cell towers. our time is 7:48. a deadline is looming to redevelop the former baymeadows racetrack. the track was demolished in 2008 to make room for condos, offices and retail space, but the real estate and housing collapse put the project on hold. that may be about to change. the examiner reports there's a fall 2013 deadline to pull building permits or developers

risk losing approval and have to start everything from scratch. a $1,000 reward is offered to catch the vandals who destroyed a mural in east san jose. the mural was painted at huron drive by high school students. it was a way to promote peace. the students actually used a fence that is often covered in graffiti to paint inspirational andest violence messages. someone vandalized it with spray paint on monday night. county supervisor dave cortez is offering that reward money. >> we don't know if it's somebody targetting the message per se, it could be theoretically a gang member, it could be a disgruntled neighbor who doesn't like the mural. >> the neighbors who don't like the mural say it hurts their property values. the students painted seven murals in that neighborhood, but only one of them was vandalized. 10 minutes before 8:00. changes are coming to sfo.

the project that could cause delays and the new retreat to help passengers finds a happy place. also, how curious fans of the tv show about alcatraz causing trouble on the rock.

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spicy mustard, pickles and melt-a-licious cheese. treat your taste buds to a fresh toasted subway big hot pastrami melt. subway. eat fresh. the new fox show alcatraz is causing problems for tour guides on the real rock. tourists are starting to wander away from the tours. they're apparently looking for the secret underground control room that is shown on the tv show. park officials say they're putting up signs on the island saying it's a tv show. it's not real. an airport construction project at sfo do mean more flight delays for the next three years. construction is set to begin in march to extend safety zones at the end of sfo's four runways.

sfo already has one of the worst on-time performance records in the country, and the construction could add to the problem. the faa is encouraging airlines to change their schedule to avoid delays at sfo during peak travel times. >> like to -- valleys so even out so we don't have everyone arriving at a.m., and departing at 10 a.m. >> the construction is set to last until 2015. with all those delays, there's another change at sfo that could help you relax and stretch out while you're waiting for your flight. today sfo opens its new yoga room in terminal two. it's a first for any airport in the u.s. passengers can enter the zen room free of charge. yoga mats are also available for free, and you can do that downward facing dog. >> see? and you're a big fan of yoga. >> i do enjoy yoga. >> you could teach it. >> uh-huh. >> sal can teach us about the morning commute. how are we looking? >> we're looking okay. i just had to change out the

880 camera that i was going to show you because -- it's too foggy. you can't see it. i don't want to go to a white screen. it plight mess up your plasma. i'm just kidding. let's go the out on 237 westbound towards 237, you're going to see some low clouds and fog. we normally show you 880, but i'm looking at it, completely white now. we did that story about airport delays at sfo and today is a day where they probably will have them. the airplanes come in over the san mateo bridge, and land on runway 28. they usually don't land in the same -- frequency when it's this foggy. there will be delays at sfo today. at the bay bridge toll plaza westbound you will see traffic backed up for about a 20-minute wait. here's steve. >> thank you, sir. well, i'd like to say there's more rain on the way although we're getting misty conditions. david in richmond i think kind

of wet ground there, few reports of some sprinkles near petaluma and steady drippy rain towards mendocino county because the air is saturated. we had three systems come bay, give us rain but nothing on the old weather pipeline coming in any time soon. so a mostly sunny, dry pattern overall. but a lot of fog this morning. you can see some of those clouds are dipping south. so looks like a cloudy north bay forecast here. now some of the low clouds already have breaks in it so we'll get some sun. so fog, drizzle in the morning or low clouds. fog or sun by noon. but partly cloudy to the north by and mostly sunny, some higher clouds will continue to drift across just an unbelievably mild morning. our observer tom in blossom hill echoes what san jose airport is saying, 56 degrees some it's a really mild pattern. tropical, clouds coming up almost from the hawaiian islands. they've been visiting there so they come in here. that's why we have really high humidity and doesn't take much to get a lot of low cloud deck

and fog. higher humidity, mild temps on the lows and also some of the highs. little dicey on the north bay because there's a lot of clouds cover and high clouds. so probably low 60s there, and peninsula east bay, south bay. and redwood city to mountain view, sunny veil, san jose, all around the mid-60s. santa cruz and capitola 67 degrees. fog will be back tonight and tomorrow. not as thick. burn off sooner and the weekend looks great. just chillier in the morning but breezy and sunny and warmer. thank you, steve. california is making a pushing to electric. the new car requirements that has a lot of people all charged up. >> the domestic violence scandal surrounding san francisco sheriff takes a new turn. find out what impact it could have on his trial. >> two downtown berkeley restaurants will be picking up the pieces this morning after a nighttime fire. we'll show you the damage and hear from some of the residents of a nearby high-rise.

good morning, welcome back to mornings on 2. >> i'm dave clark. it is thursday, january 26th.

topping our news at 8:00, san francisco sheriff ross mirkarimi has a new lawyer as he gets ready for his next court appearance. ktvu's tara moriarity is in san francisco with the new developments in this domestic violence scandal. tara. >> reporter: that's right, ross mirkarimi just parted ways with his attorney, robert waggener. we're not sure y but we do know his new attorney is a woman. her name is lydia stiglich of berkeley. and she will be making an appearance at the superior court for today's hearing. that is when ross is supposed to file an order with the judge and he will ask her -- the judge to modify a stay-away order which bans the sheriff from contact with his wife or son. mirkarimi thinks his three misdemeanor charges stemming from an alleged domestic dispute with his wife ileana lopez. according to the gate, the sheriff's new attorney says --

we've also learned that mirkarimi surrendered three guns he he was arrested. even though he is sheriff, some may be shocked by this because mirkarimi has always been a very vocal advocate of gun control. if you convicted on the domestic violence charge, he would not be able to carry a gun as sheriff, and yesterday prosecutors released their witness list. ileana lopez the wife is at the top of the list and is scheduled to be here on the steps future a rally in support of her husband. tara moriarty, ktvu channel 2 news. time is. the owners and staff of two downtown berkeley restaurants will be cleaning up today after an overnight fire. lorain blanco is talking with neighbors and joins with us a look at the damage. good morning, lorain. >> reporter: good morning! people walking by outside these two downtown restaurants tell us they are very popular. if you look in the front of

great china, looks like business as usual, but if i shine the light on the back here, you can see some of the extensive damage to the back ceiling. this morning there's a lot of broken glass on the ground of the side alley. in the side windows you can see part of the ceiling hanging down. the fire prompted a two-alarm response around 9:30 wednesday night. two downtown restaurants on kittridge suffered damage. great china restaurant and organic kitchen. first responders closed down streets near the small businesses while firefighters fought the flames. they also evacuated the next door apartment building hundreds of residents fled their high-rise homes. >> it was like really complicated because hi just got her out of the tub so it was rush in, like a lot of people outside with their kids. it was cold, and it was just like out of the blue. >> firefighters control the flames quickly. there were no serious injuries, and a juster just stopped by

and said he can't give a fair estimate until he gets inside but damage like this could shut down at least one of these restaurants for weeks. reporting live, lorain been co, ktvu channel 2 news. a santa rosa woman seriously injured in an apartment fire has died. 44-year-old monica shears suffered second and third- degree burns in the fire. investigators say during the night last week's fire she made several calls to police reporting a variety of issues. she was eventually taken to sutter medical center, but went home just hours before the fire broke out. the cause of the fire is still under investigation. a pre-school in lake county is scheduled to reopen today following a health scare. monday the county health department shut down the early connection pre-school after one of the students was diagnosed with meningitis. health agencies have given antibiotics to dozens of children as well as adults who

may have been exposed and does di infected the pre-school grounds. an east bay school district is facing another round of budget cuts. the daily review reports this will be the fifth straight year of cuts at the san leandro school district. the equivalent of 20 full-time employees will be eliminated. class sizes could jump from 20 students per teacher in 2008 to 32 students per teacher next year. in fall san francisco will no longer offer transitional kindergarten programs because of funding cuts. in program is for children who turn 5 after the cutoff date for entering school. a law requires school districts to start offering transitional kindergarten next year. but money for the program was cut out of the latest state budget proposal even though many districts have already started pilot programs. one of the most famous tourist spots in san francisco will receive a facelift.

the chronicle reports jefferson street and fisherman's wharf will turn no a pedestrian friendly promenade that will be a wider sidewalk with more room for street sennors and entertainers. the idea to keep tourists interested in shopping in the area. the $5 million project could begin in october, in hopes it will be complete by next year's america's cup. president obama continues his post-state of the union tour today in nevada. in colorado. here's video of the president arriving last night in las vegas. this morning he'll be speaking at a ups center in las vegas, before heading on to an air force base in colorado. the president will push his ideas for clean energy and increased domestic oil and gas production. there were sense moments yesterday during the president's a o'reilly in phoenix, arizona. coming up for you at 8:15, a live report on the complaint from the president that led to this finger-pointing encounter

with the governor of arizona. philadelphia minutes after 8:00. a group of school bus drivers is planning to protest in the east bay today. drivers with durham school services in hayward and livermore are demanding safer work conditions. members of teamsters and some community leaders will also be there. the protest is set to begin at 67:30 this evening in san leandro. the parents of a toddler killed in a rohnert park crosswalk have dropped their lawsuit. a student was driving the car that ran over and killed two- year-old callie murray while the today her was crossing the street with her mother. the child's parents say it's time to move on. they have dropped their lawsuit against the city that claimed the crosswalk was unsafe. they also decided not to file a civil lawsuit against the driver, 19-year-old caitlin dunaway. the student was texting a friend at the time of the accident. state regulators due to

improve new rules aimed at revving up the manufacturer every zero emission cars. the board is expected to require that 15% of new cars sold in california by 2025 run on electricity, hydrogen or other systems that produce little or no smog. the goal is to have 1.4 million zaire emission cars on california roads by 2025. right now there are about 10,000. california voters may get a chance to vote on a proposal that would eliminate the high speed rail project. the secretary of state gave the project opponents the go-ahead to start gathering signatures to put a measure on the november ballot. the almost $100 billion project would connect northern and southern california. the ballot measure would eliminate the rail authority and effectively kill the project. we want to check in with sal, see how things are moving

on the roads now. >> all right, things are moving along relatively well. the commute is looking much better today on 80. we had an accident east 80 near pinole valley road driving over to the berkeley area heavy. 880 south a couple fender- bender there, and there is slow traffic and low clouds and fog, many parts of your morning commute according to steve we've been looking at it on our traffic cameras. let's go to live pictures now, show you the backup which is still pretty thick here at the bay bridge. it's about 20 minutes, nothing more than. that once you get on the bridge it looks okay into the city. if you're driving in san jose, some slow traffic there. northbound 280, also 85 getting up to the valley. let's go to steve. >> thank you. some breaks in the clouds but it's a mostly cloudy morning and some of these higher clouds will continue to drift across the north bay. lot of fog this morning. foggy conditions, low clouds. so three layers, right down on the deck, also some low clouds

around thousand, 1200 feet, also up high but it's a mostly sunny and dry forecast. everything continues to go way up and over. you can see the higher crowds continuing through -- i did lose my mic? i did. home on a second. i'll find it! i'll find it! >> it happens every once in a while. >> hold on. now i have it. i think! do i have it? >> you got it. >> you can hear me now? all right. now i have -- everything is driving up and over. higher clouds beginning to work through so that gives us mist and drizzle and light sprinkles. some breaks in the clouds. fog or sun by noon. then mostly sunny by 4:00 this afternoon. really balmy, mild lows here, mid-50s for everybody. just so much moisture in the air. and the cloud cover will continue to drift across the north bay, but the main storm track continues to stay north but we have a lot of clouds around in the form of fog so higher humidity, very mild lows. and very mild afternoon highs.

low 60s towards the north bay, then mid-60s everywhere else. maybe a few pushing upper 60s more sun. fog will be back tonight and tomorrow but then burn off sooner with your weekend always in view it looks good. little chilly the mornings but the days are sunny, bright and warmer. >> all right. he said he was sorry, but several rights groups want a connecticut mayor to resign. >> i accept full responsibility. i have apologized profusely. >> what the mayor said about tacos that landed him in big trouble. >> developing news involving the u.s. housing market. why 2011 is going in the record books. >> also a 49er player is headed back to college today. he's putting away the pigskin to get his sheepskin! ♪ jumbaco! jumbaco! jumba-jum- jack, i don't know why you keep pushing the jumbaco. research shows normal people like the jumbo deal. your classic jumbo jack made with 100% beef, two tacos, fries

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good morning. we see breaks, things a lot of mostly cloudy out there in the forge of higher clouds, some low clouds, even some fog which is reduced visibility. slow to burn off in the north bay so temperatures today in the low to mid-60s with some afternoon sun. we had our rain, things are quiet but that's not the case for fiji. 3,000 people at least evacuated from flood ravaged areas in fiji with deadly landslides. six people so far have died and hundreds are now homeless. the rain is supposed to let up giving hope that the worst is over for now in fiji. back here at home, a government watchdog says u.s. taxpayers were still owed billions of dollars from the

financial bailout. the acting inspector general says some of that bailout money will never be paid back. the government paid out about $413 billion in the bailout. so far about $318 billion has been repaid. foreclosures sales went down in the third quarter of last year. however, foreclosure sales still make up 20% of all the homes sold in the july through september periods. that's about 4 times more than at the height of the housing boom. the pace of foreclosures is expected to pick up again when new rules for banks and leners are in place. new this morning, fewer people bought new homes in zeise, making 2011 the worst sales year on record. according to the commerce department, new home sales fell last month to a seasonally adjusted annual pace of 307,000, less than half that

economists say must be sold in a healthy economy. median sale prices for december fell 2.5% to 210,300 dollars. president obama will be in las vegas talking jobs at a ups facility this morning. but as allison burns reports, it was his stop in arizona yesterday that still generating all the buzz this morning. allison. >> reporter: tori, the white house clearly wants to move on and focus on the president's message today, but there is still a lot of questions about what really happened between president obama and arizona governor jan brewer. let's look here at the president's arrival in phoenix yesterday. governor brewer was there to greet him. the white house says she presented the president with a letter going to meet him. that's when the conversation got heated. she wagged her finger at him. the white house says president obama noted she had inaccurately described their last meeting in her book. she says president obama was

being thin-skinned and here's what she says about pointing her finger at him. >> well, i say that a picture is what it is. but i must say that i was not hostile. i was trying to be very gracious. i respect the office of the president. and i would never be disrespectful in that manner. >> the two are at odds over immigration issues. governor brewer says she was in the middle of a sentence when the president walked away. reporting live from washington, d.c., allison burns, ktvu channel 2 news. an east haven, connecticut, civil rights groups are demanding that the mayor resign after making what he now admits was an insensitive remark. >> what are you doing for the committee today? >> i might have tacos when i go home. rhyme not sure yet. >> i have a very small -- >> mayor joseph maturo has apologized and says the stress of the situation got the best of him. his city is coming understand

fire after the fbi arrested four police officers for racial profiling. >> to go out say he's going out to get a taco, that's unforgivable, to make a statement like that. >> the mayor says he is committed to helping latinos who make up 10% of east haven's population. but one police officer is accused of targeting latino drivers in almost half his traffic stops. now that the 49ers season is over, 49ers safety dante whitner is going back to school today. he'll start taking business courses at san jose state university to finish the required courses to get his degree. he also plans to enjoy college life. he plans to join a fraternity, no word yet on where he will pledge. we're also finding out nor about tim lincecum's new contract with the giants, includes big bonuses for winning the cy young award and other top awards. earlier this week, the two-time

cy young award winner reached a verbal agreement for the giants for a new two-year contract. lincecum will make at least $40 million over the next two seasons. thousands of people are expected to attend a public memorial for former penn state football coach joe paterno on the penn state campus today. a funeral and burial service for the hall of fame coach took place yesterday. mourners line the streets during the funeral procession. paterno died last weekend at age 85. his career at penn state came to an abrupt end in november when he was let go over his handling of child abuse claims involving a former assistant coach. a major medical study on a mysterious skin disease did not find an answer to the cause. the centers for disease control and prevention released its long-awaited report on the strange condition called moregellance, known for its frightening symptoms, including open sores and strange looking

objects poking outs of the skin. the three-year study concluded that more gellance exists only in the patient's mind. researchers say they found no infectious cause and in many cases the sores were caused by patients picking and scratching at their skin. >> that's strange! time is 8:18. a parking plan that is making san francisco residents furious, why some people may have to feed the meter outside their own house! also it's another cloudy morning around the bay. steve will be back to tell us when we'll see some sunshine. if the commute in the south bay is back to its old slow ways. we'll tell you what is going on there and the rest of the morning commute.

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a plan to add thousands of parking meters in san francisco has been put on hold, at least for now. the city's municipal transportation agency wants to install meters in mission bay, and the northeast mission district. under the plan, some people would have to pay to park outside their own homes. and that idea is not sitting well with residents. >> what would you do if suddenly where you have to park your car, when you get home, there was meters? i mean, what would you do? >> people use the area to park all day, every day. and what we want to try to do is make sure park something available forone. >> the agency decided to delay the vote on the plan because of backlash from people who live

in those neighborhoods. time is 8:22. let's see what is happening on the roads and around the toll plazas as well. >> it is getting the slower there, as we get two the late commute. some of the fog is playing a role in some of the commutes. let's look at some of the these pictures now. the traffic is moving along slowly at the toll plaza. it's still quite a big delay here with no major problems on the bridge itself. this is a picture of 880, we haven't been able to show it to you because it's been so foggy. you can see slow traffic there, how low the clouds are. steve telling you. little bit further down we've had some slow traffic on the nimitz freeway. a lot of little fender-benders, 880 near 238, then slow traffic heading south after. that let's go to steve. >> we do have areas of fog around and some higher clouds beginning to work their way in forwards the north bay so looks like a mostly cloudy morning here for a while. and then some sun.

but fair skies and even local drizzle reported. some sprinkle activity to the north. so we continue to have a lot of moisture in the air, 50 to 57 on the lows. fog low clouds, some breaks, a true more by noon, 54 to 60 and muggy, mild conditions, 57 to 67. mostly sunny, partly cloudy here to the north. mid-50s on the temperatures, due to so much moisture in the air. that's why it's so balm rio now about the main core of the jetstream stays way north. see higher clouds there just kind of drifting on through mainly towards north bay. but higher humidity, mild temps on the lows and also on the highs. so foggy conditions in the morning, then a mixed bag of sun and clouds, higher clawed later on. 50s and 60s for your temps e extended forecast really quiet. the fog will get chewed up on friday. morning lows will be clear on the weekend but days will be nice. warmer weather. >> time is 8:24. some boiling emotions at oakland city hall last night.

the disruption that forced the mayor to leave the city council meeting. >> and the ongoing fright to stop copper thieves. what the thieves are targeting and how bart police say the public can help. >> plus, why e-mail spammers keep a close eye on the calendar. the dates they like the most. ♪ [ ukulele strumming ]

♪ [ folksy whistling ] [ man ] quitting is a fight you can't let yourself lose. it can take many tries. but keep trying, you will beat smoking. honey, you okay? yeah, i'm fine. ♪ [ ukulele ] time is:27. new this morning, a casino tour bus caught fire driving on the street in san francisco this morning. take a look at this new video, just got this in. the fire department was called to oak and cole streets this morning. flames burned the back part of the the thunder valley casino

tour bus. the driver says he saw the smoke in his rearview mirror. >> as i was driving, i saw flames and i don't know what happened. >> the driver says there are about 10 passengers onboard. everybody got off safely. he says they were on their way back home from the casino. the casino is in lincoln, about 25 miles northeast of sacramento. oakland police are asking for your help in stopping the continuing problem of copper theft at bart stations. officers want passengers to be an extra set of eyes for them on the tracks. claudine wong joins us live along the bar tracks now to tell us what police want you to look for. claudine. >> reporter: good morning, dave. lots of bart tracks are elevated or underground, but it's places like these where the trains come off the elevated platforms and down into tunnels, this is where thieves see opportunities. they apparently are not worried about the cameras, one there,

or the fences, or the barbed wire or risk of electrocution. they're just looking at wires like these. they can get where they're going but for the thieves it's about what they could get if they steal it. this area was targeted just last month in this ongoing copper theft problem. last year it was a problem that came with a $90,000 provides tag. so police want the public to look out for anything suspicious, whether people, cars or activities. things like people taking pictures of the tracks. we talked to riders this morning who said they would be happy to help but they aren't convinced they can. >> i would say must be happening sometime during the middle of the night when trains aren't running. think passengers are really can do anything about that? >> i don't think so. no. >> never seen anybody in the train tax. >> nobody suspicious roaming around or people you thought doing something -- >> no. >> but are they looking in we've been watching the trains

this morning, and we even slowed down this video to you could look at the riders inside. we struggled to find anyone looking up or anyone who even noticed us, our bright lights, or our camera. it should be noted that we have seen the conductors who have noticed us, one waved, one honked. so they're watching carefully. and recent theft cases, it was a conductor and a bart employee who were critical to catching the alleged thieves, and police will tell you the more eyes, the better. claudine wong, ktvu channel 2 news. time is 8:29. pretty hot tempers and angry words last flight inside the oakland city council chambers over plans for budget cuts and layoffs. as you can see, hundreds of people packed the city hall and the council chambers, protesting planned layoffs. union workers, senior citizens, occupy demonstrators were among those protesting. oakland mayor jean quan and the

city council had to cut $28 million in the budget, after state redevelopment money was eliminated. more than 100 city employees will lose their jobs. >> we're all confused and dismayed about the lack of foresight that brought about this "crisis." >> i think pretty aggressive based on the remaining projects by keeping half of the people in the city, the council might disagree, and that's their prerogative. but ultimately, we're going to center to cut a large sum of redevelopment people. >> while no arrests were made last night, occupy demonstrators did disrupt the council meeting, causing a half hour recess. mayor left council chambers as a precaution. a judge threatening a federal takeover of the oakland police department unless it quickly complies with changes agreed to nine years ago. the judge increased the authority of a court appointed monitor. oakland police chief jordan was now consult with the monitor before making decisions like

promotions and disciplining police officers. both jordan and mayor jean quan say a federal takeover will not be necessary because they intend to comply with the reforms. an informational meeting tonight will focus on gas pipeline safety on the peninsula. the forum is in response to the deadly san bruno explosion in 2010, and last year's explosion in cupertino. assembly are hosting the event including pico sport utility vehiclers from the puc which regulates pg&e and a pg&e executive. the meeting will be heading at palo altole palo alto city hall starting at 6:00. this morning testimony resumed in the trial of a suspected gang member accused of killing a father and his two sons in 2008. yesterday the lone survivor of the attack took the witness stand. 22-year-old andrew bologna broke down in tears as he recalled the moment his father

and brothers were shot and killed while driving home from a family picnic. he then pointed to defendant edwin ramos as the one who fired the fatal shots. >> his testifying in such an emotional, stressful situation just shows his courage and strength to fight for justice for his family. >> prosecutors say ramos mistook the bologna family for rival gang members. am drew bologna is now in a witness relocation program because of possible gang retaliation. bail is set at $1 million for a redwood city high school student accused of trying to rape his teacher. the alleged attack happened monday night in the garage of summit preparatory high school of police say 19-year-old david velasquez tried to force his former teacher into her car at knife-point. officers say he ran off after being interrupted by another

teacher. he is charge with four felonies, including assault with intent to commit rape. he is due back in court february 8th. later this morning, one of the main figures in the so- called cnet law enforcement scandal is due back in court. former san ramon police officer louis lombardi is facing several federal charges. prosecutors say he was one of several officers dealing drugs they were supposed to be taking off the streets. earlied the 39-year-old lombardi pleaded not guilty to the charges. however, there are indications he may change that plea in court later this morning. a family of a homeless man killed by a bart police officer in san francisco is now suing bart. 45-year-old charles hill was shot to death in july on the civic center platform. bart police say he threatened officers with a knife. security video shows two officers getting off a train and then drawing their guns. and at one time, look at the circle there. a knife can be seen sliding

across the platform. but hill's family claims the homeless man was no threat to officers or anyone else. the lawsuit is seeking unspecified damages against bart police. the securities and exchange commission is requiring companies to disclose if they've been hacked. the full extent of the problem has been unknown since businesses have been reluctant to report cyber attacks. experts say companies don't report when they've been hacked because they're embarrassed and because they're afraid going public could encourage more attacks. cyber attacks can cost businesses and their customers billions of dollars a year. e-mail spammers are apparently using holidays and major events to grab your attention. a new intelligence report finds spammers use holidays and events to make mail seem more appealing. experts say they're already seeing references to the summer olympics as part of hundreds of fraud messages. chinese new year and valentine's day are two other

holidays used right now by spammers. fans of apple are converging on san francisco. it's the first day of macworld, iworld 2012. the convention features 300 exhibitors. coming up at 8:45, ktvu's pam cook will come back and show us some of the hot new gadgets and apps on display. >> we were just mentioning that smart phones are really big target now for thieves, people who have lot of smart phones should probably be careful. all right. let's economic in with sal for the commute. >> and we've had moderately heavy commute today, it's been better in many areas and including on interstate 80. we've had some slow traffic in the usual spots, but yesterday we had such a terrible day. today we have more traffic at the toll plaza. i want to show you that traffic here on 237 is slow. and we've had some slow traffic on 101 as well getting into sunnyvale. and the morning commute, on 880

still very slow. we had a bunch of fender- benders, 880 at 238, then very slow traffic down to fremont. antioch still slow traffic here through construction zone. but then highway 4 improves a lot up to bay point and pittsburg. let's go to steve. >> thank you, circle looking at a mostly cloudy north bay forecast. and then mix of some sun, clouds, and some fog here in the morning. then partly cloudy later on. have a lot of cloud cover hanging over us but at least some sun is beginning to break through, and really mild conditions are very humid out there today. so any activity you'll notice it. see a lot of higher clouds are heading in our direction, mainly staying north some mostly cloudy up there, some drizzle, some sprinkles, so cloud cover continues to drift across. even though the main core of the jetstream which brought us our rain couple days ago has moved north. they're just so much moisture, continues to produce light mist or drizzle. william tweeted me for light

drizzle in vallejo. looks dry overall. no real significant rain. some fog, drizzle. then mostly sunny except towards north bay where it will be partly cloudy. this is our fog and cloud forecast. you can see lot of cloud cover just hanging around most of the day until later this afternoon. we can finally clear some of it but not all of it. so looks like the fog will be back tonight into tomorrow. but it will burn off sooner on friday and the weekend is looking sunny and warmer but lows cooler than this. lot of 50s showing up here this morning and that's also helping give a lot of that tropical feel to the clouds. some of this continues to break through and drift across to the north so that there give that partly cloudy, mostly cloudy north bay. some sun already out there. lot of clouds. higher humidity and mild lows, mild afternoon highs. 50s, 60s to mid-60s and tomorrow looks like more of the same. and then warm-up on the weekend, lows noticeably cooler but breezy. saturday looks quiet into next week. >> thank you, steve.

police have arrested a murder suspect in florida who was wanted in connection with a disturbing case in connecticut. a warning, this story is quite graphic. 35-year-old tyrese smith is accused of using an ax to kill a homeless man and then eat some of the victim's body parts. police say the incident happened last month inside an abandoned apartment building. but the victim's body was just discovered last week. according to an arrest warrant. , smith boasted to a family member that he attacked the victim, who he invited inside to escape the cold. the family says smith has mental issues. time is 8:38. in sacramento as masked robber met his match when he tried to rob a convenience store. the suspect was scared off by the 70-year-old father of the store owner. the father is a retired plea from india and all of this was caught on tape. the man cops in, points a gun at valdez dillon, and he chased him out and ripped off his

mask. >> saying when somebody shows you their gun, what else you can do? you have to do something to protect the whole family. >> police have dubbed this criminal, who is still on the loose this morning, the evil clown robber because of that mask he had on. he is wanted for two other robberies, and police say yes, he is considered armed and very dangerous. we're following a deadly disaster in rio. what happened just moments before a huge explosion in brazil. also a big bird problem in -- this is big! this is in one neighborhood, now one family says we have found the solution. cçrrú3q

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be happy. be healthy. can i try yours? oh, i see. a throne for the tv... room for movies... your workout gear... non-stop football... it's a man cave! the boys next door will never leave. who says we want them to? the dow was trading near its highest close since 2008 financial crisis today after solid news on factory orders and strong earnings from u.s. manufacturers. highlighting the economy's growing moment up. new unemployment claims rose only mod effortly last week after a steep decline the week before. the dow currently up 38. the nasdaq down 3. s&p is down 1. shares of netflix are up more than 20% this morning.

the company released its four th quarter earnings report last night and exceeded analysts' estimates. the service announced about 75% of the estimated 800,000 customers who left last summer have now returned. they were angry that subscription fees had doubled. j.c. penney is slashing prices on all of its products, starting next week the company will mark down all of its merchandise by at least 40%. jc pasadena has lost ground in recent years to rivals such as macy's and kohl's and plans to change its store layout and bring in new brands like martha stewart living. happening now, first lady michelle obama is ask youing the need for a healthy diet. these are live pictures from florida are where the first lady is touring the largest hispanic owned food company in the u.s. the first lady is on a

nationwide campaign for nutrition awareness. we told you yesterday she was introducing new healthier guidelines for school lunches around the country. your time is 8:44. other top stories, san francisco sheriff ross mirkarimi has a new lawyer to defend him against domestic violence charges. late yesterday, defense attorney robert waggener announced he is parting ways with mirkarimi, but did not say why. lydia stiglich is taking over as mirkarimi's lawyer. in berkeley, fire overnight damaged two downtown restaurants. it happened on kittridge street about 9:30 last night. no one was hurt. the cause of the fire is still being investigated. and today state regulators are expected to approve some new rules to encourage more production of zero emission cars. the new rules will require that 15% of new cars sold in california by 2025 have to run

on electricity, hydrogen or other systems that produce little or no smog. san francisco could almost be called the other big apple this week. that's because of the well- known event that begins today in the city. pam cook joins us with a lineup of cool new products. pam. >> reporter: how about these, app, file sharing unleashed, and the great geek outdoors. how to make the most off the out of your next camping trip using technology. those are some of the talks at the macworld also called iworld this year. it starts at 10:00 and runs through saturday in san francisco. and it is filled with all things apple. >> we have not only a vibrant show for 300 exhibitors, 150 app developers, but all these cultural elements, musical performances, film festival. >> and our editor got to try some of the coolest new gadgets. this is an attachment to keep your hands steady to allow better pictures, and then that he was just showing, how about

using your phone to open up a beer? the bottle opener comes on the back of a special case. now, again, the conference is designed for pros, to get even better at doing what they do. designers also showing off what they've created and for people who are brand-new to apple. >> thank you. time is 8:46. the children of the minnesota couple missing in the italian cruise stipulate disaster anxiously waiting for news about their parents. jerry and barbara heil were among if the 17 people still unaccounted for. the children are keeping an eye on the search efforts firsthand, but they say the poor weather conditions are making the recovery efforts hard. meantime, the captain of the concordia is now telling prosecutors he made a mistake when the ship ran into some rocks offer the coast of italy. and we have an update on an ongoing situation in rio de janeiro, brazil. rescue crews are still digging for survivors after three

buildings collapsed in a busy commercial area last night. we're learning three people are confirmed dead. 19 others may still possibly be trapped in the rubble. witnesses say they heard an explosion, smelled gas, and sights still not clear why the buildings collapsed. the republican candidates will debate one last time in florida tonight before next tuesday's primary there. tonight's debate is hosted by cnn. the republican party of florida and the hispanic leadership network. once again it's expected that front-runners newt gingrich and mitt romney will dominate launching attacks against each other. while rick santorum and ron paul will try to get some attention in hopes of providing momentum to their campaigns. and unlike the debate last week, this time the audience will be allowed to cheer and jeer if they'd like. a new cnn poll shows mitt romney and newt gingrich in a virtual tie for first place of

florida voters. 11% support rick santorum. and 9% say they'll vote for ron paul. ryan ann president mahmoud ahmadinejad says iran is ready to resume international nuclear talks. but president ahmadinejad also says sanctions will not force iran to give up its demand to continue end riching uranium. the u.s. and its allies want iran to stop making nuclear fuel, which they worry could eventually lead to the production of nuclear weapons. the 27-member european union imposed an oil embargo against iran on monday. it was the latest sanction to pressure the iranian government to rejoin the nuclear talks. you've got to see this. thousands and thousands of birds causing chaos in the kentucky neighborhood. >> it's like a cloud of birds

but a giant cloud. the whole sky was filled with black birds. >> can you believer that? the birds mysteriously showed up in november. they've been swarming twice a day ever since. and the mess they leave behind and all that extra bacteria in the air -- has a lot of residents worried about their health. >> the other kids in the neighborhood have been getting sick. we're all dealing with respiratory infections. i don't know if we can blame it on the birds you i feel it's all the birds' fault. all these problems came when the birds came. >> a couple in the neighborhood brought out -- they've got sound cannons trying to scare the birds away. but so far, even the cannons have not worked. two projects designed to ease gridlock on highway 4 are set to begin later this year thanks to $85 million in state funding. the california transportation commission allocated the money yesterday to widen part of highway 4 and the highway 4

bypass. the highway would expand to 6 lanes, between lone tree way and hillcrest avenue in antioch. the bypass would become a four- lane freeway between sand creek and laurel roads. sfo is reporting delays this morning in airport says arriving flights with will 45 minutes behind schedule because of low clouds and fog. that means departing flights will also be delayed. if you're headed to sfo, check with your airlines. in canada, a cat fight almost erupted inside a plane full of very angry passengers. >> you guys lied to us, you should have told us there's a baggage problem. >> the flight to toronto was delayed for several hours in halifax. the problem, a 10-year-old shorthaired tabby cat named ripples. it broke out of its cage, then wandered through the bowels of the plane. >> people tried to catch him up front in first class, and then

he took off into the cockpit and nestled down. >> the ground control eventually was called in and removed some of the electrical panels inside the cockpit and captured ripples. the cat's owner feels bad about what happened and promised this was the cat's first and last flight. >> yep, sure. the fog we mentioned earlier at sfo also affecting drivers. we'll have a final look at the morning commute. >> we're live in san francisco, where a restaurant is opening its doors nearly five years after a devastating fire. we'll take you behind the scenes of original joe's and tell you how may mayor lee is getting involve. i'm in a tricky situation here.

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8:54. new this morning, a san francisco landmark restaurant that went up in flames in 2007 is now back in business. mayor ed lee declared this original joe's day. tara moriarity is live in san francisco with more on the story. i know i got two hungry guys next to me! >> reporter: and my stomach is starting to rumble as well. mayor lee will be here within the hour and arrive in a horse- drawn carriage, cut the ribbon and eat the first meal here at original joe's. joining me live is alina, the granddaughter of one of the original owners. and you must be so excited! what happened? it was 70 years you had been running, and then all of a sudden a fire in 2007 that

destroyed the restaurant and we had to make a decision if we would stay or go. big family drama by and but we decided to make the move and we're so excited to be here at north beach. >> you're right on the square. >> right on the square. it's a great spot. we had to find the right locations that would incorporate everything we are, classic san francisco, and i think we've hit a home run here. >> let's take a walk around and show everybody. this is the bar that you're looking at now. and then we take a walk down here, there are a ton of photos up here on the wall. this is your grandfather tony standing there in the hat. and then if we come down had way, down the ramp, let's go right into the area where we have the signature red vinyl booths and this is what joe's is known for. as well as your original joe's special right here. >> right here. that's classic signature dish for us, a combination of eggs, spinach, ground beef and onion. on the menu since 1937. it was 1.25 then. some things have changed but

the ingredients and the composition hasn't. >> thank you so much for being with us this morning! good luck. this is the opening day, open to the public, so if you want to come down if grab a burger, section like that, there are open for business. back to you. >> all right. sounds good! we can smell it from here! let's quickly check in with sal for an update. >> and the fog is playing a major role, just checking to see if the fog is lifted in some of these areas. still pretty thick in southern marin. let's look at the views, sunny in san jose so far in the fog not an issue of also the morning commute is going to be better in lafayette. those low clouds have lifted a little bit. and the morning commute in -- at the toll plaza still backed up for small delay, about a 15- minute wait. let's go, steve. >> thank you. some sunbreaks, lot of fog this morning, low clouds, higher clouds will drift across the north bay so partly cloudy, mostly sunny. very mild though. more of the same friday. then the weekend mornings will be cooler but the days sunny and mild to warm.

>> all right. that's our report for this morning. thank you for trusting ktvu channel 2 news. we'll see you next time news breaks. and join ktvu channel 2 news at noon nor more on the bart copper thefts our cameras capture what may be part of the problem. thanks for joining us.