appears he committed no crime. what he's doing now to clear his name. >> and fighting justification. why a san francisco neighborhood is worried about losing its character. >> complete bay area news coverage. this is ktvu channel 2 news at 6:00. >> good evening, everyone. i'm frank somerville. >> and i'm gasia mikaelian. a man mistakenly branded by one of their most wanted criminals is now suing the city for the suffering he says he had to endure because of that mistaken identification. ktvu's patty lee is live in oakland. a dui from five years ago. >> that's right, the oakland police department is in the hot seat for misidentifying a web designer as a gang member. that unwanted man has filed that lawsuit and suing the city and the chief of police for liable and damages.

when oakland police misidentified him as one of the city's most wanted criminals last february, it nearly ruined his life. >> i don't know what people think about me. i don't want to be the criminal. >> the 37-year-old says he had to move three times since his photograph was publicly released and he can't find work. problems his lawyer, john burres blames on the police. >> he had moved, he had to deal with the shame and embarrassment and the concern for his own public safety. largely because being on the most wanted list could, in fact, get you killed. >> he is no longer on oakland's most wanted list, but burress says the lawsuit was filed to help force authorities to clear van's name. >> all i can say is we just got this lawsuit, so we can't comment until we review the allegations and determine what the facts are. >> van says when he tried to clear his name, the situation got worse. he is hoping for more this time. >> apology would be great and i just want them to clear my

name off the most wanted list and you know, the most wanted fugitive, you know, which i am not. >> criminal law expert tells me that even though oakland police unveiled the wrong man at this press conference last year, they may still have a legal leg to stand on. that is because california liable laws grant some lee way for statements made by public officials, like police, in the course of doing their jobs. reporting live in oakland, patty lee, ktvu channel 2 news. >> a san francisco woman is under arrest after allegedly attacking a little girl at a playground in golden gate park. police say 24-year-old sabrina bell kicked the toddler in the chest at caret playground about 4:30 afternoon. bell allegedly threatened to kill other children before being caught. the toddler, who is not quite two years old was not seriously hurt. police say the victim and her family were here for a wedding. the child was supposed to be a flower girl. police are looking into

allegations that a preschoolteacher in pleasantton used masking tape to restrain a two-year-old who didn't want to take a nap. the alleged incident happened at center point christian school in pleasantton. the teacher is identified as 24- year-old angela calconio of livermore. the episode came to light when she showed a cellphone video of the girl at a party for current and former staff members. one of those staffers was the girl's mother. at 6:30 tonight, parents and school officials will all meet to discuss what happened. >> children are made an image of god and deserve to be fully respected and this is a dehumanizing incident that we are greatly grieved over. >> she has since resigned and she is now barred from working with children. the u.s. labor department released a report today saying the number of job openings continues to increase, causing a major change in how job seekers look at opportunities. ktvu consumer editor joins us

live from one of those businesses with job openings in alameda. >> economic indicators, like signs that point the way and this is most definitely a sign of the times. more often than not, you see signs on buildings offering employment. even the guys who usually hock pizzas find this an effective method to hook other businesses into hiring them. all of this, small economic indicators that have been reflected of temporary employment agencies this year. >> things have picked up since january. and i am often someone cautiously optimistic. after three months, i'm feeling like i have seen a definite improvement. >> friends who struggled to get positions have been able to find something within the last year. >> amazingly, says former director, the picking up is reflected in of all things, how people leave their jobs. >> each month the united

states, there are 4 million separations. 4million changes of jobs. >> some are involuntarily let go. some voluntarily quit. >> in better economic times, the number of voluntary quits is higher. during the recession and worse economic times, the number of discharges layoffs is higher. >> this year, voluntary quits outnumber involuntary firings. >> it suggests people have confidence, they are not hanging on to any job. >> but getting a job remains a tough job, even for young, well educated professionals. >> i just graduated college last year. i know it is very tough for, especially that segment of the job market that is just leaving college and joining the work force. >> consider this. in the last 12 months, u.s. gained 2 million new jobs, slow and steady growth, but no boom times yet. reporting live, consumer editor, ktvu channel 2 news. a richmond city councilman is being ordered to clean up a

property. according to court documents obtained by the times, this property in carlton, boulevard, is linked to councilman. the councilman says he has a business license, but lawyers for the city say he is in violation. the allegations against him are part of a political witch hunt. opponents of a waterfront condominium project says the construction will put the sewer system at risk. neighborhood coalition, known as 8 washington revealed new documents. construction or an earthquake could rupture the main. reevaluate the project to make it more safe and hold people accountable in the event of a problem. >> there's no doubt. the report shows if they were willing to make changes, they could potentially fix this problem. a rush to judgment on the project. rather than what we are asking him to do is evaluate the information before they stamp it approved. >> they met on the issue

today, but no word on what was decided. >> a neighborhood in san francisco's mission district is concerned about losing character. offers for their property and some fear that could lead to justification. rob roth is in the mission district tonight with more on this. rob. >> we are in a neighborhood, as you can see, it is a community of small mom and pop owned restaurants. these business owners are banding together as a common threat. >> here, business owners say they have been getting calls from real estate agents. >> i receive quite a few calls from them, trying to find vacant space, talking about locations where there are existing businesses that they are looking to bring in their customers. >> any reasons we are concerned? >> absolutely. >> luis is almost up here on 24 24th and brian streets.

>> if our landlord will increase the lease, we have to think of our options and our location. >> lower 24th street is a 15 block neighborhood in the mission extending from patrero street to valencia. it has seen so many new restaurants move in, some long time business owners are proposing a restaurant moratorium. the owners on 24th street worry about the trend. >> one is valencia gets so full, they are trying to get into this area. >> the business association is holding meetings to preserve the latino culture. perhaps establish a limit on what types of businesses that can move in. >> i think we need to create an economic diversity in the neighborhood. i think that would be the answer in the long run. >> the business district has already enlisted the help of

supervisor david campos. they want to protect the local flavor of their neighborhood. ktvu channel 2 news. >> the san jose city council approved proposals to help the homeless find places to live. the largest encampment was cleared out last friday. there are an estimated 60 more camps throughout san jose. the council's new plan will emphasize creating permanent affordable housing for them. >> can we use old hotels in a different way? can we use the current stock we have more effectively? >> staff researchers say the housing currently in the pipeline could cost $27 million to complete and $200,000 for additional units. a house fire led to the discovery of a marijuana grow operation. firefighters were called to this home about 11:30 last night. fire officials say it looks like the fire was electrical. the fire department says the power had been wired to bypass

the pg&e meter. police are investigating the grow operation. >> the chp is questioning a 20- year-old driver who is suspected of hitting and killing a bike rider in campbell this morning. they say it happened at 11:45 at bud avenue. the chp tells ktvu, a witness saw the driver hit the 59-year- old bike rider and then followed that driver to a peet's coffee shop five miles away. the driver called her father who then drove her back to the scene of the accident. the 20-year-old driver could now face felony hit-and-run charges. the chp says the bike rider was wearing a helmet. he has not yet been identified. >> the 28-year-old man accused of killing three people during a car crash in daily city was in court today. the arinement for dennis was postponed until he could get a translater. he is expected to face gross vehicular manslaughter charges for killing a woman and her two sons when his car broadsided

theirs. he had a blood alcohol double the legal limit. >> relatives of a missing oakland woman are reaching out to the public to help find her. her family says that 31-year- old erica went missing last thursday. she was seen on this surveillance video that day taking her daily walk along telegraph avenue. her brother says she was supposed to fly to texas to visit him the very next day. >> we know that she could not have just disappeared on her own. that was not like her. we know that someone saw something. >> family members say that erica was not depressed and was just beginning to enjoy her life again. after her husband's death last year. two men accused of human trafficking are in custody tonight. with the help from the fbi, they arrested 39-year- oldjoaquin young. the two were arrested yesterday

at 48th avenue where one of the men was dropping off a juvenile for the purpose of commercial sex. they face felony charges of human trafficking, pimping, and conspiracy. a major rally at large to save city college of san francisco from closure is planned for thursday. the save ccsf coalition announced the plans today and needs the support from city hall to make sure funds are used appropriately to keep that school open. >> we need to make sure that the whole city is in support of it and we push back both against the threats to close our school and their impositions to dismantel it. >> college officials have until friday to address 14 of the school's management efficiencies as identified by a commission. a final decision is expected to june. if the school does lose its accreditation, it could be forced to close. >> all eyes on the chimney today as the world awaits the election of a new pope. the latest from rome right after the break. >> then, you can't get to the ocean from here. details on the new lawsuit to

regain public access to a newly private beach. >> temperatures in the mid 70s and not a rain cloud in sight. coming up in just seven minutes, the warmest day of the week and what the return of clouds could mean for your bay area forecast.

today, we saw black smoke pouring out of a vatican chimney. white smoke would indicate that a new pope has been elected. the conclave of 115 cardinals began today with the dramatic closing of the doors of the sistine chapel. huge crowds stood out in the rain at st. peter's square to see the results of the first ballot. the cardinals are under a vow of silence. they will meet again tomorrow and take as many as four votes. bay area catholics attended

special mass as that conclave got underway. and ken pritchett attended that mass and is live from st. mary's cathedral in san francisco. >> reporter: on this first day that a pope was not selected was of course no surprise to the people we talked to. the focus of bay area catholics at mass today was to pray for those who will be making the selection in the coming days. as parishioners gathered for a special mass, the cardinals who will select the new pope were entering the sistine chapel in rome. >> i'm very excited and look forward, because the catholic church needs a pastor, a leader to guide the people. >> and when the black smoke billowed from the sistine chapel this afternoon, signifying no pope was selected on the first vote, again, people were praying at st. mary's. >> we were told at the end of mass that there's a vote and we are to pray because probably at 4:00 a.m.

our time, there will be another vote. >> the catholics we talked to had a different take on what kind of man the new pope should be. an administrator or a charismatic leader, or both. >> it's very important we get someone that is reasonable, personable, diplomatic, and i would hope someone who is brave enough to make some changes. >> there was only one vote today. tomorrow the cardinals will vote four times, can we expect to see white not black smoke on the first full day of the conclave? >> that would be an early selection in my mind, but one never knows. >> reporter: it's a guessing game. an american cardinal could be selected pope is slim, however, the odds are better than it was just a few weeks ago. in san francisco, ken pritchett, ktvu channel 2 news. construction workers hit a gas line. crews were called to a home on

martin luther king near virginia street about 2:30 this afternoon. workers digging out a sewer line hit the gas line and it somehow caught fire. no one was home at the time and damage was limited to some burned eves and siding. authorities have identified a pedestrian who was struck and killed on highway 4. the coroner says the victim was 30- year-old richard cunningham of stockton. this accident happened near discovery bay just after midnight monday. the driver stopped at the scene. the highway patrol says alcohol and drugs do not have played a role. the date is set for a special election in santa clara county. give final approval for an election june 4 to replace george. resigned march 1 over allegations that he misused public funds. if no candidate manages to win 50% of the vote plus one, there will be a runoff july 30. it would be better it appoint a candidate than pay for an election. >> an appointment would have had someone working on the

issues of the district already. >> potential candidates can begin submitting paperwork tomorrow. >> could determine the ball loons of power in sacramento. california democrats fell one seat shy of their super majority when marco rubio resigned. they could win it back. state senators who -- the election for rubio's seat is set for may. california's top judge to reinvest in the court system. the cuts are hurting the state. >> i believe if we do not reinvest in justice, you will continue to se services to the public and courts are cut or eliminated or deeply restricted. >> also said california only

spends 1%. pay on the dollar is insufficient to provide justice. surfers and beach lovers are demanding access to a public beach. filed against the owners acing shay they are violating, saying they are blocking access. locals say the only way to get to the beach is on a private road, which is gated. now it will be up to a judge to decide whether the owner is obligated to provide access to the public beach. a warm one out there today and warmer still as we head into your tomorrow. wednesday's numbers will be the warmest of the week. there's your live come ray shot. towers go up over 720 feet. you see the fog pinch behind it. that's an inversion. an inversion gives you dense, coastal fog and warms up your daytime highs. that's where we are right now. we had a problem this morning around the bay. i think we'll see some in the coast tomorrow, but seeing numbers. these daytime highs into the mid 70s.

antioch with 76 degrees today. weather on the east coast and on the west coast, there's weather, it's winter here, but we aren't getting much of it. fog right along the coast, the high pressure is what is sending everything north. and it unusually strong for this time of year. the temperatures are so much above average. especially tomorrow. here's the fog along the coast. a notch clicked out here because the winds are offshore. it's not going to be a howling offshore wind, but enough to pinch down the fog and it's enough to warm daytime highs tomorrow into the 70s and low 80s. right now, 73. antioch 76. 73 in fair fold. forecast tomorrow then, more of the same. tomorrow is a lot like today. i don't think we'll see as much fog around the bay. temperatures increase. it will be warmer than it was today. yellow is on this map for 70s and then the orange spots are 80s. there should be more orange spots, but i want to give you a

broad brush. lots of low 80s. the forecast for tomorrow, warm. a little cooler on thursday. and dry right through the rest of the week. as we get toward the end of the week, it's going to continue. so rain kind of out of the question, at least for the next five days. forecast highs, significant. 80 in fairfield. and you may get warmer in your backyard than these spots. i'm sure san jose will be places that will be warmer than 80 degrees. the five-day forecast is a nice looking one. what can you say? it's winter, but that doesn't say it. and still no rain anywhere down the line that you are saying? >> there's a little something showing up on the model. big time fingers crossed for that. >> we get very little rain in march. how bad does that make it? >> not good, because that would be two dry years in a row. we'll have to see. wouldn't be good though. >> coming up tonight on bay

area news at 7:00, we'll take you to the daycare center where teacher is accused of putting sleep medicine? children's drinks. parents and police are expressing frustration. and a new plan for its glass product that will help people. join us at 7:00 on tv 36. coming up, may jr. news involving the raiders and the 49ers. the two big names on the niners who are now headed east and the two former number one picks cut by the raiders. all next in sports.

there was a miniconcert as members tried to negotiate a new contract. musicians say they want their new contract to be more competitive with los angeles and chicago. you'll note they are wearing blue dodgers hats. musicians are asking for a 5% wage increase. according to city officials, the current contract makes them among the third high est in the nation. >> mark is off, the raiders and 49ers didn't waste any time making some new moves today. >> that is the last time you'll see all those guys together. the new nfl season began today.

the trades are now official. alex smith is a kansas city chief and antwon bolden is now a 49er. walker has agreed to a deal with the tennessee titans where he is expected to get a shot at the starting tight end. walker's versatility was his biggest asset in seven seasons with the 49ers, but vernon day of slashing for m on the the raiders who released former draft picks. no one in the organization was more symbolic than receiver, bayment he was a receiver who was coveted bauds of his speed. also cut today was defensive back, another former first rounder, defensive end. was also cut. one of the most heartfelt moments of the recent post season was the day the 49ers eliminated the atlanta falcons. ending the career of tony gonzalez. as it turns out, that wasn't

the end afterall. he changed his mind and unretired. he never officially retired, but he told the falcons that he's coming back for his 17th season. the u.s. continues in the world baseball classic. the u.s. team playing puerto rico right now in the second round in miami and in the fourth inning. earlier in the day, italy ran to a 4-0 lead. the dominican came back. the winning run, 5-4 the final. italy now one loss away from elimination. and the sharks tonight in st. louis. that gave 2-0. blues in the second period. we'll have that one for you at 10:00. see you then. >> we knew about alex smith being traded, what about those others? did any surprise you? >> it doesn't surprise me, he went for a starting tight end, which he was not going to get in san francisco. he liked it here.

but ultimately, as much as those guys say that, it comes down to the team you're with right now, cain can't offer you a big contract. this may be the last time in my career i get to make that kind of money. >> coming back. all right, thanks, joe. coming up on the 10:00 news tonight, road closures and film crews in downtown palo alto. what they are filming and the big-name director behind that. >> thank you for watching ktvu channel 2 news. we are always here on ktvu.com and on mobile ktvu. thanks for joining us.