park in san francisco. we're live in fremont and an apartment complex is being sued by the federal government because it's allegedly not allowing children to do a certain activity. we'll tell you what that is. outrage over the death of a 13-year-old boy shot and killed by a sonoma county sheriff's deputy. the march set to get underway in just a few hours and the reason some people are being encouraged to stay away. also concern about what is lurking in the san francisco bay. the chemical that was found and how it was tied to a common item you may use in your house. all ahead on ktvu channel 2 morning news. good morning, we want to take you right out to dolores park this morning. we've been watching as people camped out overnight. you can see they are waking up and they are out there -- they're very upset about a plan that the city has to close parks overnight. christian captain is out there

this morning talking to the folks out there. and we will take you back out there in just a moment. thank you for joining us. it's tuesday, october 29th. i'm pam cook. >> we're ready. good morning, i'm dave clark. let's check weather and traffic. let's go to steve. >> all right pam and dave. thank you. our low is still producing some rain/snow mix up in the sierra. i mean reports of rain around kingvale. still off and on snow showers up there today. partly cloudy skies and a few sprinkles and light rain down to the valley. 40s and 50s. and we'd be cooler if it weren't for the cloud cover. the low is slowly moving off towards the east. so it will be into nevada almost exclusively later today but some of the clouds still wrapping backened. so partly sunny. a few sprinkles or rain again further south but staying cool be with temperatures mainly in the low to mid-60s and it doesn't matter where you are. about 59 to 65 will cover the temperature band. here's tara. all right. thanks steve. everything's looking pretty good this morning on your bay area roadways. if we take a live look outside,

you can see that this is 680 near fremont and traffic is moving very well. and in san francisco, 101 you can see that traffic on the right hand side are folks headed toward sfo. no delays and on the opposite side toward the bridge. and last but not least the bridge so pretty i wanted to show it one more time. no traffic headed into san francisco at this hour but of course the backup probably in about an hour. 5:01 back to the desk. they're against plan to shut down city parks during the night. ktvu's christian captain is in doe lorest park right now. what are they doing? >> reporter: the camp is starting to break up. this is the time that the protestors starting to come to an end. let's give you a look look so you can see the protestors here striking camp. 5:00 a.m. the proposed opening time for city parks. supervisor scott wiener pitched a plan to close city parks

between midnight and 5:00 a.m. and they are saying that plan would essentially criminalize being poor. now the protestors showed up here last night to raise awareness about the new plan. supervisor wiener says it would give misanother tool to fight quality of life crimes like illegal dumping and vandalism. >> there's nothing more frustrating than to see vandalism in our parks. >> what this would do is really give the police and rangers extra agency on in the parks to be targeting the people that are in the parks at night who you know we've spent a night here aren't vandals. aren't folks causing trouble, just people with no other place to sleep. >> reporter: and you can see the protestors breaking down their camp here. they're telling me their goal is to leave this area as clean as they found it. they say that's one of the things that happens with homeless people that homeless people tend to come into areas and they actually do leave it in fairly good shape. the exact same shape they found it. the protestors are wrapping up

here now and dolores park and they will be going to a 12:30 rally on the steps of city hall and they'll of course be going to today's city council meeting board of supervisor meeting to try to protest and try to sway some of the supervisors against voting for this new plan. we'll have coverage for you throughout the day but for now we are live here at dolores park, christian captain, ktvu channel 2 news. a funeral mass is planned in sonoma county tonight for 13- year-old andy lopez. who was shot and killed by a sheriff's deputy. now the deputy says lopez refused ordered to put down what appeared to be an assault rifle. 48-year-old eric gelhouse is a 24 year veteran of the department. he was on a training exercise tuesday night when he saw anthony lopez holding a bb gun he thought was an assault weapon. he shot lopez serve times after lopez allegedly failed to put down the gun and turn towards the officers. two marches are now being organized for lopez. one by a woman who says she didn't know him but is

disturbed by what happened. >> i think the community here is tired of being you know somewhat persecuted. always feeling that they're suspicious in some way. >> that march is being held on wednesday evening. another one is scheduled for noon today from santa rosa junior college to the sheriff's office. time now 5:04. yesterday volunteers handed out permissionships so students could participate in the march but the district says the student who is do not attend school do so at their own risk. they say people are angry and the march is not a safe place for students. time is now 5:05. the justice department targeting an apartment complex in fremont. ktvu's joining us live now to tell us about the federal lawsuit and how it involves child's play outside that apartment building. janine? >> reporter: dave, we're here at the woodland garden apartments. there's 37 units here and families live in some of them. but federal officials say that

owners and staff here are not allowing children to play in a certain area and they're saying that's discrimination. now the u.s. department of justice has filed a lawsuit against the owners and operators of the woodland garden apartments alleging they discriminates against families with children. the suit says they prohibited kids from playing in the common grassy areas of the complex and that is in violation of the fair housing act. the lawsuit arose because five families with children filed complaints with the department of housing and urban development. the staff at the complex was reportedly concerned about landscape being ruined. the suit seeks a court order barring future discrimination by woodland garden apartments. a civil penalty as well as monetary damages for the families. now as the morning goes on, we plan on reaching out to the managers of the complex to see if they are still enforcing that policy. reporting live from fremont, janine de la vega, ktvu channel 2 news.

time is 5:06. jury deliberations start today in the marin county courtroom in the trial of 18-year-old max wade. accused of stealing the luxury car of a celebrity chef and also he's accused of attempted murder. but yesterday celebrity chef guy fieri testified he never gave wade permission to drive his car. he is accused of stealing die's lamborghini from a san francisco dealership back in 2011. several people saw the car after it was stole. >> people would call and we'd get reports. well to come find out you know that he was driving it. brave kid. >> prosecutors say wade stole the car trying to impress a girl and when she rejected him, he fired shots at her and her boyfriend in mill valley. fieri decided to get rid of that car. now if you want to find out why, go to ktvu.com and you can see guy fieri's full interview. the unedited video under the

top story tab. well, ten people are looking for a place to stay after an out of control car crashed right into a heyward apartment building. it happened at 3:00 yesterday afternoon and jackson and grand streets. people say they heard screeching tires before a ford mustang crashed right through a bedroom wall. fortunately, no one was hurt. police say it appears the car was speeding. the amount of chemicals making their way into the san francisco bay is raising concern. according to the "san francisco chronicle" the chemicals are mainly used in homes and businesses and if unchecked could harm sea life. now experts say one chemical being found in the highest dose is fipronel. it's mainly used to kill insects around the home and fleas on pets. governor brown and the governors of washington state, oregon and british columbia are teaming up to fight climate change. and they say they also want to promote clean energy.

>> it takes courage and collaboration. >> on their 2050 talks -- [ no audio ] emission vehicles. they want to fight ocean acidify case and they want to build a high speed rail system up and down the coast. 5:08 is the time right now. the trayvon martin case returns to the national spotlight. the controversial law expected to be examined on capitol hill today. >> plus, it is snowing up in the sierra. how this is affecting local ski resorts and whoa one of them why -- why one of them may open this weekend. >> highway 4 you can see the traffic is picking up there westbound. we'll have more traffic hot spots next. >> well, mostly cloudy skies over us could be a few little sprinkles or very light rain towards santa clara valley. how much on the temps will we cool off or warm up a little today?

use chase freedom at amazon.com and get 5% cash back this quarter. so you can find the perfect gift for everyone. including you. activate your 5% cash back at chase.com/freedom chase. so you can.

i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to look at the chart before you say hi...david. i want you to return my emails. i want you to keep me doing this for another sixty years. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive.

welcome back to the ktvu channel 2 morning news. take a look at this. at least 15 people have died in one of the most powerful storms europe has seen in years. look at the winds there. actually, knocking people off their feet in bus els. a teenager -- brussells. a teenager was killed while playing in the surf in the southern coast of england. further inland a 17-year-old girl was crushed under a large tree.

one family made affrightsening escape after a tree came down. >> i fought my way out through the front door because the tree was blocking our entrance. >> many injuries in denmark from wind gusts of up to 120 miles per hour at the office of britain's deputy prime minister a crane snapped and fell onto the building's roof. power has been restored to many uk homes but 61,000 still are without power. time now 5:13. this morning in washington, d.c., the mother of trayvon martin will testify in a senate hearing about florida's stand your ground laws. the jury acquitted neighborhood watch volunteer george zimmerman in the 2012 killing of 17-year-old trayvon martin who was not armed. trayvon martin's mother says laws like florida's can be abused and at least 22 states have laws that allow people facing a serious physical threat to defend themselves. even if they have the option to

retreat. well, business, religious and high-tech leaders are in washington today from all over the nation to pressure the congress to take up the issue of immigration reform. the u.s. chamber of commerce is hosting a forum on the need for immigration reform. high-tech representatives from the silicon valley immigration advocacy group founded by facebook ceo mark zuckerberg are also expected to be there. now president obama has said he wants congress to pass immigration reform legislation before the end of the year. the organization in charge of monitoring the destruction of syria's chemical weapons says inspectors have been able to visit 37 of the 41 chemical facilities. they say they couldn't visit the other sites because of security risk. that means the inspectors weren't able to meet an october 27th deadline to go to all of the declared sites. a criminal's grand jury has

indicted disgraced supervisor george shurikawa. three years agent investigators say he impersonated a city council candidate on bogus mailers that linked her to the community government in vietnam. she resigned in march dough to another scandalous case. he was accused of stealing public money and campaign donations to finance his gambling habit. a federal judge ruling that former alameda fire chief dave kapler must pay the city's legal cost in his termination lawsuit. in september of 2010 kapler was fired after he was photographed using a city gas pump to fuel his bmw. he appealed the city's decision but last year it was uphold by a state appeals court. on friday the judge ruled he must pay the more than 260 tow dollars that the city -- $260,000 that the city spent during the appeals process. there's a meeting tonight for the fire victims who were

burned out in redwood city. that needing is at 7:00 p.m. at the fair oaks community center on middle field road. it will help the former residents of the building get back on their feet. it comes less than two weeks after a six alarm fire damaged all of the apartments in that complex. the company that makes a popular asian chili sauce is being sued. the foods is based in irwin dale about 20 miles east of downtown los angeles. the city says the company is fouling the air with the spicy odor of its sriracha sauce and irwin dale claims that residents complained of burning eyes, irritated throats and headaches and it wants court to order production stopped until the company minimizes the smells that come from the factory. >> wow that's a mouthful. time is now 5:16. traffic now and tara is in for sal again. what's happening there at sfo? >> we have a boulder versus a car off 101 northbound. this is just north of the

airport. and the fire department is on scene and apparently the driver isn't hurt but they can't open the doors. no idea where the rock came from. we'll keep you posted. let's take a look just north of there on 101 through san francisco. you're looking at the area just before hospital curve and the cesar chavez exit. no delays right now. in san jose 280 at the 880 split headlights are northbound traffic on 280 toward santa clara. no delays there either. and my highway four camera is back after high demand. no delays through the pittsburgh bay point area. 5:17. let's check in with steve. tara? >> yes. >> thank you. >> you're welcome. >> all right. good morning still some snow but kind of above 6,000 at least at last check i saw. i saw a couple of tweets coming in a rain/snow mix around blue canyon. maybe another 3 to 6 inches of snow today. we are getting clear over us so mostly cloudy a few little sprinkles over us. a rain/snow mix though.

there's another little system within the system that may enhance a little bit of the snowfall. generally above 6,000 feet and 35 south lake tahoe. 37 yucaipa but a lot of 40s and 50s here due to mostly cloudy skies over us. give this credit -- not much in the way of any rain but with a system they're usually pretty good. we had the good rain in september. there's still some light rain down towards monterey peninsula and it looks like things are winding down though and some of the cloud cover continues to zip on by. a sprinkle or two embedded in that especially toward the east bay. hit and miss on the rain and snow showers and definitely some mix there. you see the green and yellow and then the pink. pink would be the mix. some big low. i mean all the way from arizona wrapping back towards salt lake city and boise back into nevada and reno. it moves across the country a big player weather player here. 40s and 50s on the temps. colder to the north and more cloud cover. mid 0s. the low though is slowly packing its bags but not before a mostly cloudy morning and it

looks like a partly sunny afternoon. so partly cloudy mostly cloudy, maybe some light rain to the south. or a few sprinkles. the low though is already kind of made its impact felt in the form of us on the cool side. not much in the way of rain or anything and gave us the wednesday and clouds and cool temperatures. temperatures today very hard- pressed to get above 65 here. so 50s and 60s again doesn't matter. 60 in clear lake a little cool there. walnut creek 64. brentwood is in there and antioch and pittsburg. 61 alameda. oakland 61. 64 san jose and 64 santa cruz and also cupertino and sarasota 65. gilroy. then low to mid-60s almost for everybody here in the same ballpark temperature-wise. mostly sunny storm morning. the mornings will be cold. that's the key though getting rid of the cloud cover. mostly sunny saturday and looks like a little cooler with cloud increase on sunday. all right. thank you steve. european markets opening up slightly as global investors wait to see if u.s. federal reserve will continue its bond buying program. the fed begins a two day policy

meeting today. so keep an eye on that. overnight asian markets traded very narrow range today with south korea, taiwan and hong kong closing up slightly. japan and australia finished the day down about a half of a percent each. i'm checking in on the futures here in the u.s.. they indicate sightly higher opening across the board for the nasdaq down. s&p 500 pretty quiet yesterday as we've made it through most of the earnings reports. still waiting for the fed and possibly economic news this morning. but the s&p by the way closed out a record high and investors do expect the fed to hold steady on its current economic plan so that should help thing out there. apple shares slipped more than 1% despite an en, report that showed it earned $7.5 billion in the quarter that ended last month. it was the third quarter in a row that earnings dropped from the same time last year after a decade of steady growth. many investors hoping for a better report and a stronger forecast for the current quarter.

which includes the holiday shopping season. all right, pam. time now 5:20. b.a.r.t. workers, they're getting ready to vote on a new contract. what union members are saying now about that tentative deal the one that ended the b.a.r.t. strike. >> and a gas station clerk shot in the chest during a robbery. but he's okay. how his cell phone saved his life. ♪

♪ looks like you started to make something. ♪ oh, a green! ♪ ♪ [ female announcer ] cheerios. with flavors your heart will love.

welcome back. time now 5:23. a major new development in the

penn state university child sex scandal. the university will pay almost $60 million to 26 young men over the claims of child sexual abuse by former coach jerry sandusky. 23 of the deals have been signed. three are agreements in principle. last year sandusky was sentenced to at least 30 years in prison. baseball's all-time home run champion is fighting for another day in court. lawyers for barry bonds asked a federal appeals court in san francisco to reconsider its ruling last month. the ruling upheld barry bonds' 2011 obstruction of justice conviction for his grand jury temperature in the steroids -- testimony in the steroids scandal. he wants a special panel of 11 years to rehear the case. however the court seldom grants those kinds of requests. this is an incredible story. a gas station clerk in florida says he's a luckty to be alive and he has his cell phone to

thank he says. that's because the phone actually stopped a bullet that was fired at the clerk during a robbery yesterday morning. the clerk had no idea he was shot until he felt a pain in his chest. when police removed the phone, the bullet was still inside. >> that's crazy. that's like movie stuff. that's just amazing. that's something like that would happen. >> the clerk had some bruising to his chest but officials say he is expected to be okay. >> wow. all right pam. time now 5:25. united airlines getting a lot of criticism from people who fly between the bay area and monterey. united has four flights a day between san francisco and monterey. and almost 40% of them have been canceled or delayed so far this year. the monterey airport manager says the problem comes when there are flights -- problems open flights that go into sfo. monterey is the final destination on the west coast route and if planes of other stops along the way get cap selled there's no -- canceled there's no service to monterey

and back. an aircraft cleaning crew found almost $2 million in gold stashed in a bathroom on board a jet at the dubai airport. now the police were called and they seized the 70 pounds of gold. a british newspaper says customs officials believe the person carrying the gold abandoned it because it was a heavy police presence out there and the smuggler didn't want to be arrested. time now 5:26. a year later, still recovering we're going to give you a look at the damage still left from hurricane sandy and the work still ahead as people try to recover. >> plus, another march being held today to honor the 13-year- old who was shot and killed by a sonoma county sheriff's deafty and the school district is -- deputy and the school district is urging students don't go. >> we have a new accident in san francisco to tell you about. how it could really impact your morning and also a live look here at 80 at the east shore freeway. traffic is looking good. >> well, mostly cloudy skies

over us and a few little sprinkles or so and snow up in the sierra, but are we about done with the system or still keep us mostly cloudy and school? i'll have your forecasted -- cool? i'll have your forecasted highs coming up. [ male announcer ] it is more than just a new car... more than a new interior lighting system. ♪ it is more than a hot stone massage.

and more than your favorite scent infused into the cabin. it is a completely new era of innovation. and the highest expression of mercedes-benz. introducing the 2014 s-class. the best or nothing. introducing the 2014 s-class. imagine a place created all around family. where everyone, can relax or play.. ♪ now imagine that place in hawaii. welcome to aulani.... ...a family paradise... with just a touch of disney magic. for special offers, visit disneyaulani.com

time now 5:29. good morning, welcome back to ktvu channel 2 morning news, live pictures right there. we're in fremont and we're here because the federal government, the justice department is checking out this apartment

complex because of rules governing what children can do outside the apartment. it's an interesting story and we'll have a live report on what's happening in just a couple of minutes. welcome back. it is tuesday, it's october 29th. i'm dave clark. >> and good morning, i'm pam cook. thank you for joining us. time now just about 5:30. let's check in with steve pallson for the weather. >> pam -- what's the state fish of hawaii again? i can't remember that. absolutely. thank you. we do have some rain/snow mix up in the sierra nevada. for us we get a lot of clouds and not much else. a few sprinkles and maybe some light showers, been some down towards monterey again pretty good rain down there actually. and santa clara valley 40s and 50s. cloud cover holding up a lot of the temperatures and they're itching and they're raring to go to get colder and they will probably once we clear out all the cloud cover. tonight, tomorrow. so that's holding us up here on the temps but it's still on the chilly to cold side. partly sunny after everything's said and done. a few sprinkles but temperatures not very warm today maybe bumping up a couple of degrees, a lot of low to mid-

60s. now here's tara. all right thanks steve. we want to mention we have a car accident? san francisco at oak and rocktive jus streets. this area usually gets backed up as it is so you can imagine what the morning commute traffic will really get clogged onto the central freeway. we'll watch it for you. right now a live look at 880 near the oakland coliseum and you can see the traffic is moving nicely in both directions here. and at the bay bridge toll plaza. things are still looking pretty good here. at 5:30. yesterday it was already we were starting to see a little backup but so far so good. 280 near san jose. you can see traffic is flowing nicely in both directions. 5:31. let's head back to the desk. the u.s. department of justice filed a federal lawsuit against the owners of a fremont apartment complex. the legal battle is all about child's play. ktvu's janine de la vega joins us now to explain. >> reporter: pam, the department of justice says that

the owners and operators of the woodland garden apartments is telling families that their children can't play in any of the grass throughout the complex and federal officials says that way too restrictsive. the u.s. department of justice has filed a lawsuit against the owners and operators of the woodland garden apartments alleging they discriminated against families with children because they're prohibiting kids from playing in the common grassy areas of the complex. federal officials say families with kids should have the same ail built as other tenants to enjoy themselves and the complex is in violation of the fair housing act. five families with children filed complaints with the department of housing and urban development which determined it did constitute as discrimination. the staff at the complex was reportedly concerned about the landscape being ruined. now the suit seeks a court order prohibiting woodland garden apartments from discriminating in the future. also a civil penalty as well as monetary damages for the

families. now there are 37 units in the complex. and we plan on talking to tenants as they wake up as well as the managers to get their take on all of this. reporting live from fremont, janine de la vega, ktvu channel 2 news. time is now 5:32. a protest in san francisco ended early this morning. over a controversial plan to close down all of the city parks at the same time every night. now last night, a few dozen people started a sleep-in at dolores park. they camped overnight protesting proposed legislation to close city parks between midnight and 5:00 a.m. every day. san francisco's board of supervisors may vote on that plan today. the protestors say the plan targets the poor. >> the people that are in the parks at night aren't all causing trouble. have phoroplast to go and just down on their luck. >> this proposal sponsored by scott wiener who is not trying to sweep out the homeless. he wants to cut down on vandalism. the recreation and parks

department says it spends more than $1 million a year cleaning up after vandals. the suspect wounded in sunday's police shooting in the marina district is scheduled to be charged today formally. police were forced to open fire on the armed man after he beat and shot another person at chestnut and pierce streets. ktvu channel 2 news has learned that the name of the man wounded in that shooting is navares mobo jr.. now listed in critical condition at san francisco general hospital. meantime, the woman accused of driving drunk in menlo park last week when her car hit and killed a husband and wife walking their dog, she's scheduled to appear in court. coming up at 5:45. what the suspect's brother is staying about the incident and why he says she remembers virtually nothing about that crash. time is now 5:34. one year ago today, hurricane sandy devastated the northeast coast. it was a second most expensive storm on record after hurricane katrina.

damage totaled $50 billion. more than 100 people were killed in that storm. several people still don't have homes and the rebuilding continues. >> i don't have time to think about suffering because just talking about it brings up our emotions. >> my wife is -- what's holding this family together. >> now many who live near the shore near fear they may have to leave for good because flood insurance is too expensive. in fact starting today, 300,000 special i love new york metro cards will go into circulation. it's part of a statewide come see the comeback campaign. there are also reports congress has reached a bipartisan agreement that would delay at least for four years increases in flood insurance affecting more than a million homeowners. the agreement will reportedly require fema to complete a study before they increase future flood insurance premiums. but that legislation's expected to be filed in the u.s. senate today. ski resorts now hoping for

an early ski season this yore after more snow fell in the sierra overnight. several resorts report higher elevations and 12 to 15 inches of snow. crews were out overnight at ski resorts making snow in hopes of opening their lifts early. >> the colder it is, the more we can open up the water hydrants, the more snow we can push out of each gun. so temperature is huge. >> the mountain resort also making snow. and they may open as early as this weekend believe it or not. they are expected to make an announcement either today or tomorrow. other resorts are saming for thanksgiving -- aiming for thanksgiving depending on the weather. the cost to build a new arena for the warriors in san francisco keeps going up. according to the "san francisco chronicle." the cost to rehabilitate the aging piers could cost as much as $170 million. that's about $70 million more than original estimates. the team is also facing a shrinking time frame to get its

arena project approved and built in time for the 2017 nba season. when its lease at the oracle arena runs out the warriors open up their season by the way tomorrow in oakland. all right. time now 5:36. guess what? >> huh? >> somebody hacked president obama's twitter account. now who claims they did it redirecting the president's tweets and where the users ended up. >> and putting a tax on sugary drinks. just how much more you could pay for soda and other sweet drinks in san francisco. >> hey if you're going to the snow we have some information on chain requirements that you may want to hear. also hear the live look at some of your bay area roadways, this is highway 24 and more traffic just ahead. >> and mostly cloudy skies over us right now. could be a few light sprinkles and it looks better today but not much warmer. i'll have those cooler forecasted highs coming up. ♪

at kaiser permanente we've reduced serious heart attacks by 62%, which makes days with grandpa jack

100% more possible. join us at kp.org and thrive.

welcome back. happening today, people in santa rosa still exprezzing grief and anger over the deadly shooting of a 13-year-old boy by a sonoma county sheriff's deputy. ktvu channel 2 news channel 2 reporter alex savage joins us now from santa rosa. there's an event today, alex? >> reporter: well, anger certainly growing in this community and so is this memorial behind me here for andy lopez near the spot where he was shot last week. hundreds are expected to march later on today through downtown santa rosa to protest the deadly shooting of this 13-year- old by a sonoma county sheriff's deputies. at noon today they will wind up eventually at the sonoma county sheriff's department offices on

ventura avenue. a number of groups from outside the area will take part in helping to organize here and officials are preparing for a large crowd. county offices and city hall and the courthouse will all close at lunchtime in response to what will likely be the largest demonstration yet over last week's shooting. the middle school student was shot seven times by a sheriff's deputy. the department says lopez at the time was holding a bb gun that resembled an ak-47 and failed to put down that weapon. yesterday, the sheriff's department released the identity of the deputy they say was involved in that shooting. 48-year-old erick gelhaus is a 24 year veteran of the department and according to a linkedin profile he is an iraq war veteran. many in this community believe that deputy didn't have to open fire. >> shame on -- on sonoma county sheriff. shame on you. you have broken our hearts. >> reporter: a post on the

justice for andy lopez facebook page is encouraging students here in santa rosa to leave class beginning at 10:00 a.m. to take part in this march. but santa rosa's superintendent is trying to discourage students from doing that. he wants them all to stay in school. he feels as though the march may not be a safe place for them to be. meantime, lopez's father is telling ktvu that he wants to deputy who shot his son to face criminal charges. live this morning in anita rosa, alex savage, ktvu channel 2 news. a woman accused of running over and killing a couple as they walked their dog in menlo park is scheduled to appear in court today. ktvu's brian flores joins us now with reaction from the suspect's brother. good morning brian. >> reporter: good morning pam. marjorie reitzell was supposed to be in court yesterday but it was postponed because of an undisclosed medical condition. she is expected to appear in court today however. now reitzell is accused of driving her car into a menlo park couple as they were walking their dog last

thursday. balbir singh and his wife kamal were both killed. reitzell was driving with a blood alcohol limit well above the legal limit of .08. her brother says that ever since their mother died a year ago she's been on a downward spiral since. >> emotional breakdown you know what i mean? and she's not medically, physically healthy. you know. she's got a lot of things going on in her mind. but for something like this to happen, i think it's going to take its toll on her. >> reporter: ronald reitzell said that marjorie also suffers through mental health conditions. she has had dozens of brushes with the law dating back to 1984 and last year she pleaded no contest to misdemeanor drunk driving but underwent a substance abuse program and as lied toive -- was allowed the drive again. -- to drive again. in the newsroom, brian flores, ktvu channel 2 news.

today san francisco supervisor scott wiener plans to propose new tax on sugary drinks. it would increase the price by two cents an ounce. a 12-ounce bottle or can would cost 24 cents more. the money raised would go to health and nutrition programs for children and teenagers. time now 5:45. the deadline has been extended until march 31st for people to sign up for health insurance under the affordable care act. the deadline had been the middle of february so that people would have health insurance by march 31st. and avoid a penalty. but now, as long as people sign up by march 31st, they will not be fined. some republican lawmakers want a one year postponement of the penalties that you would have the pay if you remain uninsured. later this morning, the house intelligence committee holds a hearing on surveillance programs by the national security agency.

now this follows the new allegations the nsa has been spying on foreign leaders. lawmakers said they want the talk about potential -- to talk about potential changes for the foreign intelligence surveillance act to increase transparency, and also to rebuild confidence in those programs. well, syrian hackers claim they hacked president obama's twitter account. yesterday, two links posted on the president's account redirected users to sites supporting syrian president assad. the syrian electronic army has hacked into several very prominent websites including the "new york times." well, we are getting more details about the case of a castro valley nursing home where 14 people were found abandoned. now yesterday we got a look inside the home on saturday, the people were removed by paramedics after someone called for an ambulance. there were just three staff members on duty. the owner's attorney said she spent more than $100,000 fixing up the nursing home.

she says she was fixing deficiencies found by state inspectors. her attorney says the patients were not abandoned and that a staff of three is adequate. a san francisco jury has awarded $3.7 million to 15 firefighters who sued claiming age discrimination. jurors found the san francisco fire department guilty of tampering with promotions' exams. current and former firefighters claim a 2008's lieutenant exam was doctored after the initial scoring process and they were denied promotions. the attorney's office maintain i there's no such -- maintains there's no such discrimination. b.a.r.t. is due to vote in friday on a new four year contract. union members will vote on the tentative deal that ended the latest b.a.r.t. strike a week ago. the results of the union vote are expected late friday night or early saturday morning. now b.a.r.t.'s board of directors would then decide if they want to ratify the new contract. both sides are expected to

approve the deal. more than 120 new bike racks have been added to the north berkeley b.a.r.t. station. the b.a.r.t. says more bike racks will be installed at the lake merit stations in oakland in the next two weeks. b.a.r.t. police say these racks are more secure than the standard poles. and yesterday, police passed out information on how to prevent your bikes from being stolen. they say the u. shaped locks, they're better than the cable locks. and they also recommend writing down the serial number of your bike. well, the boston red sox now just one win away from another world series championship. >> that is down into the corner. it is a fair ball. it hopped out of play. >> reporter: the red sox defeated the cardinals 3-1 game five in st. louis last night. the world series now heads back to boston's fenway park for game six tomorrow night. a victory would give the red sox their third world series championship in the past ten years. now you can see that game

right here, ktvu channel 2 our coverage begins 4:30 tomorrow afternoon after a special edition of the ktvu news. >> all right. time now 5:47. let's bring tara back. get you out the door. tara pam wants to go skiing, will she need some chains on the tires? >> got to do the snow and get it all covered right? you will need chains that's for all passes into the sierra except highway 50. make sure that you go prepared. we are hearing reports of a car accident in san francisco if we take a look at the maps it happened at oak and rocktive jus streets and apparently impact it had signal lights. this area usually gets backed up so you can imagine with the morning commute, traffic will really get clogged up onto the central freeway. at the bay bridge toll plaza traffic is still looking okay. yesterday at this time we had the metering lights on and that was the earlier time frame. so so far so good. and last but not least, 680 at

the grave near free hospital traffic is moving nicely in both directions. 5:48. now with steve. thank you tara. >> you're welcome. >> all right. good morning everybody. we have bob -- still some snow up in the sierra. however the snow is up around 6,000 and a rain/snow mix around kingvale but still some snow up there. one little system within the system that's rotating through and also giving us mostly cloudy skies. some areas are cool to cold and some 20s and 0s in mendocino county and lake county. yet 40s and mid 50s elsewhere. nancy pes key. 50 degrees. more snow today. rain/snow mix. snowfall though another 2 to 6 inches of snow could fall and snow level again yesterday it was more like 5,000. today it's more like 6,000. 35 tahoe. not that cold. 53 monterey and been some rain down there the last 24 hours pretty good rain downwards monterey and beg sur and also the valley a little bit. the low responsibility for it though is beginning to move slowly out and partly sunny or mostly cloudy now. a few sprinkles staying cool

and there's nothing wrong with staying cool. temperatures though 50s and also 60s. and some upper 50s low to mid- 60s. i don't see much change here it does look like we'll see a little bit more warmer weather and a quieter pattern there pam and dave as we get towards the weekend. all right. thank you steve. few minutes ago the government released the september retails sales report. the results are a little surprise. autosales dropped 2%. that's the biggest decline in nearly a year. and analysts say the drop could be temporary though now that furloughed federal workers are back on the job. nearly all the other retail business sectors saw sales rise just before the government shutdown. today wal-mart launching what it called instant promotions cam tape. cop -- campaign. top executives will be sent to 15 stores around the country today where they will promote about 100 hourly workers to different and hoyer paying jobs. some of the workers will join the management teams at their stores. they will surprise about 25,000 of its employees this week between now and the end of

january. japanese automakers continue to top "consumer reports'" list of the most reliable new cars. lexus rates first. toyota and acura coming in second and third and all lexus and acura cars rated above average and toyota's camry and rav 4 though rated poor for the first time in years the car from outside japan slipped into the top five. audi grabbed fourth place in the top domestic brand gmc at night and all gmc models earned average or slightly higher grades. all right time now 5:50. doing what no surfer has ever done before. i mean really big news about surfing a really big wave. the new world record set in europe. >> plus, how santa cruz police are warning halloween troublemakers. how rowdy behavior could get you some extra punishment. >> make sure you can get ktvu news to go. download the ktvu app and click on that live icon. and you can watch all of our newscasts live right on your

smart phone. so be connected anytime, anywhere.

welcome back. time now 35:54. happening today a ceremony to celebrate the demolition of san francisco's cathedral hill hotel. the hotel closed in 2009. it's going to be torn down to make room to build the

california pacific medical center's new hospital. the 555 room hospital will open in 2015. today's ceremony begins at 11:00 on van ness. well, the number of injury accidents involving cars and pedestrians it's on the rise in san francisco. according to the new police information from between 2000 and 2013, the lowest number of car versus pedestrian accidents, that was in 2009. there were 734. last year, there were 948. police say they're cracking down on drivers and they're also enforcing laws like driving at unsafe speeds and failing to field at crosswalks -- yield at crosswalks. it's an effort to make san francisco the most walkable city in america. a safety meeting is planned tonight in response to home particularries in the mountains -- burglaries in the mountains of southern santa clara county. one of the victims said armed men stole thousands of dollars of electronics, jewelry, and a

gun on brush road in highway 17 on october 11th. a similar case happened back on september 27th on stagecoach road in los gatos. sheriff's deputies will be at that meeting at 7:00 at the redwood estates pavilion in los gatos. starting today, santa cruz police will be cracking down on halloween partiers. now police say they will enforce triple fines for drinking in public, leading up to halloween on thursday. they will also be looking for people who cause vandalism. fines can cost you about $200 to more than $1,000. and an unofficial costume parade is expected on halloween night. officers are expected to patrol the festivities downtown. west virginia house is changing its glowing with halloween spirit. the house belongs to the mayor. right now it is being lit orange with thousands of jack o'lanterns and they were carved and put in place by volunteers. people say this has been a tradition in the town for 21 years. >> i don't know how we would

stop. we don't want to stop. we keep doing it because the response we get from the children and from the adults is phenomenal each year. >> there are currently 3,000 pumpkins lining the house with volunteers will continue to put new ones in place until halloween. you got to keep those things lit. >> wow i know. time is 5:56. still ahead, bracing for mars and street protests in santa rosa today. the newest demand for justice in the furor over the police shooting death of a teenage boy who police say refused orders to drop a weapon. >> plus new information about how occupy oakland plans to get involved. >> we have a couple of accidents on the pence ha to tell you about -- peninsula to tell you about and here's a live look at highway 4 through the bay point area. >> lots of cloud cover over us. rather mild and still some snow up in the sierras, another day of it or are we about done with this system?

and distinctive taste of nespresso. elegant capsules meet masterfully crafted machines, and one touch creates the perfect coffee, cappuccino, and latte. ♪ tempt all your senses with one extraordinary coffee. [ penélope cruz ] nespresso. what else? [ male announcer ] available at these fine retailers and nespresso-us.com. [ male announcer ] available at these fine retailers i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to look at the chart before you say hi...david. i want you to return my emails.

i want you to keep me doing this for another sixty years. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive. a large march planned for later on today to from test the deadly shooting of a -- protest the deadly shooting of a 13- year-old boy in santa rosa by a sheriff's deputy. we'll tell you about the outside groups vetting involved in this i -- getting involved

in this event. how it's tie todayed to a meeting today. a chef taking the witness stand on a closely watched bay area trial. what's happening today in court. and the disturbing discovery in the san francisco bay. ktvu channel 2 morning news continues. good morning, we want the take -- to take you up to santa rosa this morning and you are looking at quite a memorial that's been set up for a 13- year-old boy who was shot and killed by a sonoma county sheriff's deputy. alex savage is up there and there are -- there's a march planned today and there are a lot of things going on. and a lot of people very upset by this. we'll take you up there in just a moment. it is tuesday, october 29th. thank you for waking up with us, i'm pam cook. >> and good morning, i'm dave clark. the weather and traffic and steve it didn't