a new incident is raising questions about oversite. the oakland police department may be moving closer to a federal take over this afternoon after the release of a scathing new report from a federal monitor. alex sadvige is live with the

photos that are raising concern. >> reporter: racists photos posted at a bulletin board, that's one of the troubling cases sited in this newly released report from the federal monitor overseeing the police department, the monitor says he has seen little progress within the department. through nor calling today after the release of this oversight report. a federal monitor describes the decade old reform effort as quote almost stagnant. he also highlights offensive photos that were posted of police headquarters. the pictures, felton henderson were defaceed in a way internal affairs investigators found was racist and insulting. >> it indicates to us that they really don't care. and that the culture change really does not exist in the oakland police department. that isn't to say there aren't good police officers, but the culture itself is still bad. >> reporter: according to the

report the controversial photos stayed up for two days even after an employee complained. a number of police lieutenants claimed they did not see the pictures, the prosecutor said either they were incompetent or they knew, failed to act and then lied. the federal monitor also sited other problems including poor handling of occupy protests and recent officer involved shootings. still mayor quan said this morning she will fight a federal take over of the department. >> how many more negative reports before you think? >> we have to get her out. >> i think that's in your words, at the point if we're down 55-1 i don't think that there's going to be much of a federal take over. it's going to be a very narrow thing. if you're asking me when will i

change the hearts and pred prejudices of the department that takes time. >> reporter: the chief of the police for the oakland police department put out a statement in response to this report and essentially said in that statement that he expects the department to come into full compliance and that is the department's top priority. the issue of a federal oversite for the oakland police department will be taken up at a court hearing that will happen this december. we're live this afternoon in oakland, alex savidge. a bicyclists died this morning in a busy santa rosa home. the accident happened around 7:30 this morning on fountain road highway. santa rosa police say the cyclists was riding westbound and the truck was heading east when the truck made a right turn into the path of the psychists. the cyclists name has not been released. this is the fifth death in the

past 10 weeks. garcia torrez, south bay teenager was supposed to be in court today. ktvu's cara lui joins us with why the volunteers are upset. >> reporter: garcia torrez never showed his face here in court this morning. his case was delayed once again much to the dismay of volunteers who were here to show support. >> she's like my daughter. he is essentially everyone's daughter now. and i have a daughter who's three days younger than her and i would hope to god that the community and people would come out to help if i could not do it myself. >> reporter: rene tig era has been on dozens of searches. sierra's mothers and sisters chose not to attend but many

volunteers showed up they were disappointed the man accused, garcia torrez never appeared in court. his attorney asked to delay the case until late august. >> he's in custody. >> he's in there, not talking, not saying anything. it's like he has all the rights and she has none. >> the judge is going to give the defense a lot of latitude in this case. there's a recognition that there's a huge investigation that's continuing, very fluid. the prosecutors office is going to continue working on this case. i think the judge is going to give the defense all the time they need. members of the garcia torrez family had no comment as they left the courthouse. the next court date is slated for august 29th. >> cara thank you. supporters of california's ban on same-sex marriage have filed an appeal with the u.s. supreme court today as

promised. members of protect marriage want the high court to overturn the ruling by the ninth circuit of appeals. if the supreme court take it is case the final decision on the law could be by the ends of june next year. if they don't take the case, the appeals court ruling would stand and same-sex marriages could resume. the jury is seated and opening statements are under way between two tech giants. apple claims samsung copied the iphone and i pad and are fighting for copyrights. the trial is expected to last about a month and could shape high tech patent laws for years to come. san francisco's online gaming company zynga has been hit with a class lawsuit. a new york investor is accusing

of selling shares -- pittsburg city council has been overviewing internet cafes. the state considers online sweepstakes illegal but is letting cities decide whether to enforce that law. only 10 of the 23 cal state university campuses will accept applications for admission next spring. the csu chancellor says only three of them sonoma, east bay, and san francisco are in the bay area. budget cuts and a trigger cut are the reason for the limited spring admissions. questions about the response of fire and whether recent cuts made this more of a close call than it should have been. >> there's been more of a

breeze, meteorologist rosemary orozco will bring us the latest. >> - - mfort couldn't hurt. and our perfect dream factory's been built. you're feeling sleepy already? nighty-night. [giggling]

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the new superman right at discovery kingdom is expected

to remain closed today as park officials continue to investigate what went wrong over the weekend. technicians were expected to run diagnostic tests on the roller coaster overnight to determine why the ride stalled. no one was hurt but it took about 90 minutes to take them down. the park officials plan to release a statement sometime today. a popular bar-be-que restaurant is back over this afternoon after an early morning fire. the fire started about 3:00 a.m. firefighters had it out in about 15 minutes. they believe it began outside a window where the owners were storing a pile of wood. the restaurant opened because the damage was just inside. >> not too bad. considering the damage we had before inside. the wall is black and burned off some wires but didn't hurt the power. >> reporter: health inspecks to -r showed up to make sure

everything -- health inspectors showed up later to make sure everything was working properly. at 82nd avenue near golf links road a fire destroyed a home. >> reporter: a neighbor shot this home video flames raging through all three levels of the house of 82nd after near golf links road. >> i heard a bunch of people yes, -- yelling and i went outside. >> i heard crackling and got my dog and went outside. they had to break the gate down. we all got out but everything is gone. everything we owned. you know i don't have nothing. >> reporter: denny and five others in the home were able to make it out safely. they say the flames broke out just before 10:00 and sparks were flying from the fuse box.

firefighters were able to respond to the scene here within five minutes but the battalion chief admits they would have arrived a minute earlier if it weren't for rolling blackouts. some sources within the fire department are questioning that time frame. the distance between the house fire and the closest station number 26 is just over a mile. the fire house that ended uptaking the call number 29 was about twice as far away. because the house was under renovation and there were no walls in some parts this fire spread quickly. >> all the other neighboring homes were saved. we did a quick aggressive attack. >> reporter: investigators still haven't told us how these fire started but they will pull permits to make sure everything was done up to code including the electrical work. tara moriarty. residents may be asked to pay a parcel tax.

less income from property taxes and less incomes tax have been prompting them to close fire stations. the san mateo board of supervisors is today expected to give full-time approval to put a measure on the november ballot. the half cent sales tax increase will hike the tax to 8- 3/4% for 10 years. supervisors will contain full discretion to determine the best use of the tax proceeds. some are concerned that money would go to a controversial plan to expand the county jail. >> it's not going to be a sales tax but instead it's going to be a jail tax. it's going to be charging you know residents of the county to pay, to build a $155 million new shiny jail in the county. >> supporters say the tax will

help solve the county's budget crisis by bringing in an extra $60 million a year. in san francisco a homelessman is accused of stockpiling am in addition and weapons. 37-year-old robert johns was arrested 10 days in golden gate park. investigators shared with ktvu exclusive photos on what they say they found inside his jeep. a sawed out shotgun, knives and marijuana. police say complaints from a neighborhood resident first led them to john. >> he was definitely a danger to the community. but the community we have a great working relationship with the community and they didn't hesitate to let us know what was going on. >> reporter: police say john's was detainedded for mental health evaluation after that first encounter with police and a loaded shotgun and knives were confiscated. a group of community activists say being a domestic

worker is no walk in the park. >> we're going to go to the park. you want to go to the park? >> state assemblywoman mott spent a day in their shoes in oakland this morning. the san francisco democrat has coauthored a bill that will mandate overtime pay for california's more than 200,000 domestic workers. >> domestic workers are the lowest paid workers they don't have sick days, they don't have health insurance, they don't have retirement. >> critics say the bill would raise the cost of housekeeping, nanny services for people with disability. a senate economy -- senate committee will hear the case next month. a $5.5 billion payment on a federal loan is due tomorrow but the usps does not have the

funds and congress does not have a plan for a bail out right now. workers will be paid but another payment is due in september. for years congress has passed short term solutions to help prop up postal service finances. well you will soon be able to ride your bike and take b.a.r.t. to work during regular commute hours. b.a.r.t. will allow bikes on some trains as part of an experiment starting friday. so for the month of august you can bring them on board but only on fridays. about 4% of passengers ride their bikes to the stations. that number could double by 2022. our classic summer pattern remains in place for today with only minor changes for some and for some it will be in the way of a cooldown. giving you a live look outside. our doors across the bay mostly sunny skies, we do have fog still banked up across the coastline that could remain the case for most of the afternoon. right now the winds still a

northwesterly breeze in areas like san jose, westerly over san francisco 17 miles per hour. a weak on shore breeze and you can see the clouds there still mostly gray skies for the west end of the city. santa cruz now begining to see it peel back a little bit. areas like half-moon bay and pacifica remaining partly cloudy to mostly gray for your day. pacific satellite view the ridge of high pressure bringing up warmer weather still remains in place but we still have a weak system that's riding through the pacific northwest today. that has increased our on shore breeze just a tad but will continue to strengthen for the afternoon. so our afternoon highs will be a little bit cooler in some areas the only areas really seeing it right now redwood city down by about 5 degrees over 24 hours ago as well as san francisco. so fog will remain along the coast. the on shore breeze strengthening just a bit if you are outside of that delta breeze or the westerly breeze pulling through.

chances are you are going to be hot once again. the rest of us will see just a minor cool down in some areas and many of us will be a lot like yesterday. 86 already in fairfield, 85 in livermore. livermore a tad warmer than 24 hours ago. 71 in hayward. low 60s in northern san francisco. you may notice outside your door not as warm as where we sad at the lunch hour yet -- where we sat at lunch hour yesterday. low to mid- to upper 70s for the east bay. inland 89 for walnut creek. 96 expected in antioch down into the south bay. 85 san jose, 94 morgan hill. 89degrees expected los gatos. along the peninsula. eight san mateo. we're going to hold on to this warm weather as we roll through the workweek, tuesday, wednesday, thursday. just in time for the weekend if you're not caring for the heat

we're going to lose these 90s get back into the upper 80s for saturday. mid- to upper 80s on sunday. 60s expected for the coast. >> kind of typical southern pattern. a little warm, a little cool down. >> 30-degree radiant. west nile virus remains a concern. fogging will begin at 8:30 tonight. crews will use a truck to treat the area to spray for adult mosquitoes. recently two more groups of mosquitoes tested positive for west nile virus in brentwood. researchers want people to be on the look out for zombie bees. the strange acting bees are regular honey be that have been affected by a tiny parasitic fly. this causes them to fly in

unpredictable phases until they die. no word on whether zombie bees are dangerous to humans but experts say you should not touch them. bald eagles are being spotted in shebaud national park. this is the first bald eagle to hatch since harmful chemicals devastated its population 16 years ago. >> mainly due to the use of persistent pesticides like ddt causing them to lose their ability to reproduce. >> biologists say this means there's lest pesticides in the environment being consumed by both people and animals. there's about a half dozen bald eagle nests in the bay area. woody allen plans to come to the bay area. they're -- >> and they're called pajama

sharks, we'll tell you where you can go see them here in the bay area. [ male announcer ] if you think any battery will do,

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taking a look at the stock market, the dow is down 37 points. aaa says gas prices increased at the highest rate in more than 30 years this

month. aaa found nationally the average for regular unleaded spike 17-cents a gallon. california's are at the highest at $3.08. prices will likely remain flat may everyone see a small decrease. new report this morning finds a surprising up tick in consumer confidence. conference board says its index rose to 65.9. it's still far below the 90 level which indicates a very healthy economy. starbucks may be interested in buying a company here in the bay area. starbucks may be looking at buying peet's coffee. starbucks may be willing to pay more to keep peet's from

expanding its coffee shops. the penguins got some new roommates today. the academy says two species are rarely displayed together but in the wild they both called the south african coast their home. marine biologists say it may take a little while for the mild mannered sharks and penguins to adjust. and we'll be learning more about where woody allen will film in san francisco. this is allen's third film in the bay area. and that is our report, thank you for trusting ktvu channel 2 news we will see you the next time news breaks and be sure to join us again at 5:00. we're always here for you on ktvu.com and mobile ktvu.

have a great day.

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