we just talked to authorities who are giving us more information about the death of a bay area worker at a site that was supposed to be shut down. good afternoon. i'm tori campbell. state investigators have now been called in after a construction worker was killed in a horrible workplace accident in milpitas. we're live at the calosha office in oakland with word on

the legal trouble the man's employer could be facing. >> reporter: we're at the calosha offices where they're trying to figure out if criminal charges could be filed. we did speak to the coroner. they did release the identity of the man killed in the construction accident. his name is 39-year-old raul zapata of hayward. he was working on the foundation of a home in milpitas off of calaveras ridge road saturday. these are pictures that were taken by someone at that scene much the carpenter was crushed to death by a twelve-foot wall of soil that caved in on him. crews could not recover his body until 9:00 last night because of the conditions were still too dangerous. we have discovered that the contractor hired to do the job, u.s. sign owe flement, wasn't authored to be working on the house. three days earlier, city officials issued a stop work order because the hillside has not been shored properly. saturday crews were back out at the site working. the city's chief building official says that the project

manager was asian and told calosha there was a language barrier. but the official says he's not buying it. >> that was the gentleman working for the contractor. he said he did not understand what that stop work notice means. >> reporter: calosha says it started its investigation on saturday twon hours of the incident. >> if we find there are violations, there will be citations issued. there will be penalties issued. depending on the severity of the violations, they can go up to $70,000 for penalty per violation for those that are willful. >> reporter: we've also learned that the contractor left the country sometime before last wednesday. he wasn't even in the united states when this happened. it will take calosha up to six months to in the and officials could levy heavy fines as recommend that the criminal charges be filed. back to you.

thank you. the 15-year-old woi facing murder charges for the both debts of his parents will appear in court in two hours for his arraignment. the district attorney says moses kamin has admitted to killing susan poff and robert kamin. police found their bodies friday night outside their oakland home. moses kamin will be tried as an adult. he had been in the foster care system until his adoption ten years ago. this statement issued by the family of the victims, susan and bob were good people. their lives were outward expressions of love. it's what led them to adopt a child no one else wanted. it's what has left a huge hole inside each one of us who knew them. san francisco police are asking for the public's help to find a young woman who may have been kidnapped. police received a report on saturday afternoon that two men beat a woman and forced her into a car. it happened on cortland avenue

near bayshore boulevard. police searched the area but did not find the woman or the two men. they were driving a maroon land rover. the woman is between 18 to 22 years old, last seen wearing a red hooded sweatshirt. there is a new twist in the domestic violence case against san francisco sheriff ross mirkirimi. according to the "the san francisco chronicle," prosecutors claim ross mirkirimi kept his wife quote, isolated, in their home for 18 hours after the alleged abuse on new year's eve. they say it was to keep her from talking to police. prosecutors told the "the san francisco chronicle" lopez went to a neighbor's house where ross mirkirimi got into the shower and that's when the neighbor recorded the account of the alleged abuse. both ross mirkirimi and his wife now deny there was any domestic violence. there is a horrific story out of los angeles today about bondage style child molestation that appears to have taken

place in the classroom. sheriff's deputies arrested 61- year-old mark burnt yesterday at his home in torrance. he worked for 30 years at an elementary school in an unincorporated part of los angeles. investigators say images turned over by a photo processor show young students blindfolded and gagged. some had giant cockroaches on their faces. others were tasting a white liquid from a spoon that may have been semen. the sheriff says the kids never reported anything. they thought they were playing a game. kaiser permanent amedical workers are staging a massive one day strike today. they're angry about their health and retirement benefits and what they believe is a staffing shortage. we're live in oakland where a rally is just getting underway. >> reporter: good afternoon. there are hundreds of union workers right now holding a noontime rally behind me.

it's loud and boisterous. extra hospital security looks on. the number of employees on strike keeps growing. the national union of health care workers started their 24- hour strike marching through the neighborhood serpen tine and surrounding oakland's kaiser hospital. >> we spent $14 million on briging in replacement nurses to take care of of our patients and our members. and what we'd much rather do is to spend that on patient care and spend that on our employees. >> union employees say kaiser would not be in this position if it responded to their key demands like better staffing for members of the jury health care. it make the difference between somebody really going downhill, losing their mortgage, home, or getting some meaningful help. >> the strike also for wages and benefits is going on from here to walnut creek. 21 kaiser locations in all

across the bay area. made up of mostly mental health and eye care professionals, it's also getting help from the building engineers union and the california nurses association. kaiser patient shirley smith says she's been happy with the provider for a quarter century. she has noticed a need for more staff in certain departments recently. >> i think it would be helpful to the patients and to the people who work here. >> the strike is set to go on through 7:00 a.m. tomorrow morning. a kaiser representative says the strike won't affect patient care were the all the hospitals will stay open today. as for bargaining, workers out here tell us they look forward to going back to the table with kaiser right after today's strike. back to you. >> thank you. another occupy oakland demonstration is planned for monday. now city of oakland has a new plan to avoid a repeat of the violent clashes that erupted between police and protesters

i've the weekend. some oakland streets looked like a battle field saturday after protesters tried to break into the old kaiser convention center and laid siege to city hall. when it was over, oakland police arrested 400 people. now the city says it will try to get stay away orders against 100 protesters who have been arrested several times. the berkeley city council is considering dropping wells fargo as the city's bank. some council members say wells fargo is one of the banks at the heart of the mortgage meltdown and financial crisis. berkeley has used the san francisco based bank since 2004. wells fargo says they have strength in the community by dough flatting $3 million to nonprofits. the berkeley council is requesting the city manager evaluate the impact of dropping wells fargo and report back by may 1. >> the epa today said that

columbus foods has agreed to pay nearly $700,000 in fines and upgrade its refrigeration system at its facility in south san francisco. the agreement stems from two early morning accidental releases of ammonia back in 2009. in one of the incident, 17 people were hospitalized and 30 others needed medical help. >> had it happened just few hours later, and there was three day care centers very proximate to the incident, and it could have been significantly worse. >> epa officials say the company has been extreme leigh compliant in working with the agency to solve the safety problems. they say the upgraded system is expected to be in place by next week. today president barack obama plans to send legislation to congress to expand tax breaks for small businesses. the president is proposing a new 10% tax credit for small businesses that add jobs or

increase wages this year. it extends the abtd of businesses to immediately deduct all of the costs of equipment and software purchases. the legislation is based on bipartisan proposals that could win support even in an election year florida voters will end a contentious big money campaign today in the race for the gop presidential nomination. we have the report on how today's election could be a turning point. >> mitt romney and newt gingrich are duking it out for the 50 delegates in this winner takes all state. mitt romney is enjoying a double digit lead in the polls heading into this contest. he's looking for a big win tonight. mitt romney is hoping for his second victory this primary season. a win in florida, a state with a large diverse population, hit hard by the recession, would strengthen his argument that he can go all the way in november. >> america is hurting. the american people want somebody who understands what's happening to their lives and understands what it takes to

get america strong again. >> florida senator marco rubio who has yet to make an endorsement believes tonight's winner will take the nomination. >> virch every issue we want our nominee to be conversationnt on is an issue they confronted in florida. >> this voter switched from newt gingrich to mitt romney. >> i want somebody who won't have a skeleton jump out at the last minute. >> newt gingrich is hoping for a win. a second place finish won't mean he's any closer to throwing in the towel. >> i am in this race where ronald reagan was in 1976. we're going all the way to the convention and we're going to win twhr tampa and we're going to be the nominee with your help of the republican party. >> trailing in the polls ron paul and rick santorum have already moved their campaigns to states further down the road. things are looking good for mitt romney in primary states ahead. nevada's contest is saturday. that state has a large mormon

population. michigan tend of his february, that's where his father was governor. as for newt gingrich he's focusing on southern states that vote in march. back to you. a proposal to increase the business tax for san jose's marijuana dispensaries is on today's city council agenda. current light tacts rate for pot dispensaries is 7% of gross receipts. the proposal calls for increasing the rate to 10%. city council members may not take any action today and could continue the discussion during their february 14 meeting. an investigation is underway after a park ranger it's add man who was walking his two small dogs off leash. the "the san francisco chronicle" reports the incident happened sunday at rancho corral on the san mateo coast. the area is now part of the golden gate national recreation area and requires leashes for all dogs. the man allegedly gave a fake name to a park ranger and witnesses say when he tried to

walk away, the ranger tased him in the back. he was arrested on suspicion of providing false information and having dogs off leash. a park spokesman says the ranger was trying to teach residents about the leash rule. police are looking for the driver of a stolen car who led them on a high speed chase. it happened at the rancho san pablo condos on elportal drive. the chase ended with a crash, a gas leak, basically a big mess. >> scratches in pavement mark the car's pat straight into the size side of the condos. >> you heard this loud boom. and looked out the window, and next thing i knew, i saw a car sticking out of that wall over there. and it was just like, oh, my god. what has just happened? >> san pablo police say a female driver and male passenger in the car took off running after the crash.

police are looking for them. it started in pinole last night. a police officer tried to pull the driver over because the car was listed as stolen. driver led police on a chase. police called the pursuit off. the driver kept going and crashed into the wall. >> i was glad no one was injured. >> no one was hurt. some resident high school to evacuate their hopes for a few hours. >> there was gas leaking. it hit the gas main. you could smell it. it was permeating. >> when the car crashed into the building it took out a gas plain and some gas meters. the one on the building, that's what it's supposed to look like. if you look at this one, you can see it's not connected to anything anymore. pg&e shut off the gas last night. it was still off this morning for the four condos in this building. the man who lives in the home above the garage said he'll to have stay with friends for the next few days. a city inspector told him the building needs to be reinforced.

back to you. italian emergency fishes today announced they're calling off the search for the remaining missing people from the cruise ship disaster. fishes say there are too many safety concerns to continue the search efforts. they say that relatives and diplomatic officials representing the countries of the mitting have been informed of the decision. 17 bodies have been recovered. 16 people are still missing. some cruise ship bookings are down significantly in the wake of the disaster. in a regulatory filing, carnival noted that bookings at its noncosta brands dropped by 15% after the accident. san francisco mayor ed lee broke ground on a new cruise ship terminal this morning. construction. terminal at peer 27 is part of preparations

for the america's cup. it will include more than two acres of open space along with meeting and event space. >> this project itself will reflect some 600 workers starting. it's a $92 million project to demolish and rebuild on the james herman international cruise ship terminal. >> the late james r. herman was the longtime president of the international long shoremen's union. the site will first be used for a public viewing of the america's cup races. bar and restaurant owners in walnut creek are meeting today to discuss the growing number of fights in the downtown area. yesterday we showed you exclusive video of one fight early sunday morning and another weekend of drunken brawls. one man was severely beaten inside a parking garage. the business owners are discussing the crackdown that's

set to begin this weekend. there will be more police officers patrolling the downtown area and the lift lounge is one of the bars that's been put on notice. >> shut us down, that's what they really want. for now they're saying they want to cut our hours back to 11:30. >> the crackdown follows a growing problem with fights in the area. police used pepper spray to break up three fights early sunday morning. police officers made nine arrests. concord police are investigating an armed robbery and at a wells fargo atm. a man told police he was robbed last night at the wells fargo at clayton and thornwood drive around 7:306789 police say the suspect had a handgun and demanded cash. he got $100. anyone with information is asked to call the concord police department. homeowners with adt security systems in contra costa county could be eligible for a rebate. adt settled a lawsuit with the county for violating state law that requires disclosures about

rate increases. the company has agreed to issue rebates to customers whose rates went up during their initial contracts. adt also agreed to a $950,000 penalty. some contra costa county college students may have defrauded the school when they received financial aid. college police were tipped off by a student about the possibility of fraud on the san pablo campus. the school is not sure how many people may be involved but investigators say they want to talk to several people. the district attorney's office says no formal complaint has been received. oakland city leaders say the state's takeback of redevelopment money has forced them to abandon plans for a waterfront ballpark. the victory court project was widely viewed as the best plan to keep the a's in oakland. the city will now focus on revamping the coliseum complex. it calls for new facilities for the a's, raid ears warriors.

good afternoon to you. it's a gray day around the bay. look at storm tracker 2. can you see the low clouds still hanging tough, slowly breaking apart. but as we move through the afternoon, we're actually going to see high clouds progress into the area ahead of a system that could bring us a few scattered showers by tomorrow morning. we have light variable winds, calm around fairfield, light breeze san jose. low 50s san francisco, oakland, santa rosa north bay area 49 degrees. cloudy and cool expected, very similar to what we felt yesterday. weak system moved through yesterday, didn't bring us any rain. monterey and the san joaquin valley picked up a few scattered showers. we'll get our next opportunity tomorrow morning. the high clouds moving in first. while we sleep, we may see

there progress more. i'll pick it up for you here. tuesday into wednesday morning, we do wake up mostly cloudy. the north bay getting the best shot again at a few scattered showers. this could mean a soggy morning drive. it won't stick around by after the noon and evening hours. we're clearing it out. behind this weak system we'll see a warm-up and dry period again. for today a little fog out there this morning, some morning drizzle, mostly cloudy. this afternoon upper 50s, low 60s. tomorrow morning cloudy skies, possibility of some morning rain especially over the north bay. then we'll see late day clearing. afternoon highs for today 58 degrees for hayward, 58 vallejo, 58 berkeley and san rafael, 58 in the city. mountain view 59, 60 in san jose, 6 it morgan hill, 62 for gilroy, 60 for santa cruz.

mostly gray today, by tomorrow we will be clearing out in the afternoon. once we get beyond that, we have sunshine in the forecast. could be a little breezy thursday, high pressure will rebuild. take a look at those temperatures. low, to mid-60s wednesday, thursday. we bump did up to the mid-and upper 60s friday, saturday, into sunday. we could really use some rain. we do expect to get not very much. so we'll hopefully get a few sprinkles there. we're trying out for the weekend. >> super bowl sunday, people making plans for that. thank you. today the san francisco board of supervisors will consider a proposal banning camping, smoking and shopping carts in a portion of the castro district. the ban would apply to harvey milk and jane warner plazas. the legislation has the support of local businesses. opponents argt plan unfairly targets the homeless. the san ramon community

center at central park is closed today because of a water main break. the leak was found yesterday afternoon. the facility located on alcosta boulevard was immediately clod closed for repairs. the building and all park rebs rooms should reopen tomorrow morning. the upcoming 500th episode of "the simpsons" will include a best appearance from the founder of weather ikileaks. he lent his voice to the comedy for an episode set to air in a few weeks. he will playing himself as a new neighbor to the simpsons. he recorded his lines for the episode over the phone while under house arrest in the u.k. the show will air on february 19th. coming up, we'll hear how you can weigh in on facebook's plans to expand. smart phone apps are very popular. how long do they keep people's attention? you will hear a surprising survey.

the stock market is mixed it. does look to be on track for its best january finish in more than a decade. there was some encouraging news at the start of the day from europe. greece might complete a deal to cut its crushing debt. there was an unexpected drop in consumer confidence dragging down the dow. the dow is down 21 points. nasdaq is up 2. s & p is flat.

city leaders in menlo park will hold a special meeting tonight to discuss facebook's ambitious expansion plans. last year the social networking giant moved more than 2,000 workers from palo alto to its new home in men low bark. it's the former sun microsystems campus on willow road. facebook hopes to triple its work force by the end of this year. many people in menlo park are worried about possible traffic problems. they'll get to voice their concerns at tonight's meeting. american smart phone owners love to download apps. those impulse buys are not always very smart ones. a survey shows most consumers only use the app for a few weeks. 2/3 of all smart phone owners opened five or fewer apps every week and approximately 90% of all apps are deleted. tonight at 5:00, we're following a story that will be developing throughout the day. we'll teb court hearing for the 15-year-old teenager who is accused of killing his parents

in a home in oakland. the district attorney has just revealed to us the reasons they feel the boy needs to be tried as an adult. thank you for trusting ktvu news. we'll see you the next time news breaks. we're always here for you on ktvu.com. thank you for watching.