we get more from robert handa in the south bay. >> governor, thank you. >> reporter: san jose mayor chuck reed praised governor swarzenegger when he flew into san jose today just two hours after the legislature finally approved a budget. >> we all together, democrats and republicans, fought through all the mine fields, fought through all the obstacles, but we got the job done. >> the fact that the state can't pass a budget within 100 days is bad for the business and bad all the way around. it's good to have that behind us. >> reporter: one reason san jose officials are happy is the government pushed through

robert handa, ktvu channel 2 news. >>> coming up we'll tell you what's capping at bay area -- what's happening at bay area dmvs. and it could make your wait there longer. >>> the cooldown has begun. the fog is coming back in neighborhoods around the bay. how cool your city will be tonight. i will let you know. >>> and if you are just joining us, we want to know you another live picture from chile where all of the miners are above ground and free tonight. >>> these are pictures from chile where all 33 miners have now been freed. just a cute story here, the last miner, his wife actually gave birth while he was trapped. they named their little girl "hope." a lot of hope tonight now that all of those miners have finally been freed from 69 days trapped in that mine underground. >>> walmart and target are pulling products from store shelves because of their lead content. the tests were done in the bay area and found some items had had more than 45 times the legal limit of lead. rob roth is live in oakland tonight now with more on this. rob? >> reporter: many of the toxic items were purchas

robert handa has more. >> reporter: we're at one of the parks in santa clara county where it'll soon be against the law to light up a cigarette. retail businesses are also being targeted and that has many owners smoldering. there are many pockets of santa clara city. the city council passed new ordnances aimed at those neighborhoods. one ordnance bans smoking in multi unit residences which made some people happy. >> it comes through the window, it comes through the heating vents, it comes through the stairwells and it's unbearable. >> but the third ordnance drew some fire. it requires all retailers in unincorporated areas to buy a permit to sell tobacco products. the new law will also restrict the amount of on sight advertising on windows and doors. some small business associations called the new laws an unfair burden. >> small business does not care apparently by our local legislators. because you make it more difficult when you impose tax on us, they make it more difficult to do business. >> reporter: but it was once thought it took young people two to three years to get hooked on

in san jose, robert handa, ktvu, channel 2 news. >>> metal thieves have struck again at the east bay at the truck scales along interstate 680 and walnut creek. someone stole about 200 feet of copper wire from the scales around northbound 680 near treat boulevard. a worker told investigators he discovered the theft on wednesday after he noticed a sign board wasn't working. they estimate damage is at about $5,000. >>> a san mateo county man was sentenced to eight years in prison today for burglarizing a north bay home one day after the four people who lived there were killed in a car crash. 27-year-old michael gitterez pleaded no contest in july for breaking into the sonoma home last year. she was pleaded guilty to the same charges but hasn't been sentenced. their wife and two children had been killed in a car crash that thanksgiving weekend. >>> a three alarm fire stored a restaurant near the park street bridge at 11:15. flames engulfed the building known to many by its former name, pier 29. it's located on 29th avenue above the estuary. they brought out the fire boat to douce the fla

robert handa is live tonight to explain why. robert? >> reporter: well, frank, we're alonthe coastline where at this hour, researchers are staking a close look -- are taking a close look at the whale. they are at the mercy of the tides. the 80-foot, 75-ton pregnant blue whale along with a fetus washed up to this cove. researchers can only get up when it is low tide. >> i literally had to step back and say oh, my gosh. this isn't real. it's just so special. it's sad and yet it's awesome. >> reporter: awesome and unique since blue whales generally migrate toward warmer climate at this time of year. >> this is the first time i've seen a blue whale wash up on the coastline in 30 years. init's incredible. >> reporter: many visitors asked the same question. >> my first reaction was what caused this while to die? >> we're just trying to discover as much as we can as to cause of death. on a large animal this size, it's difficult to actually do because of the weight issues. >> reporter: the cove turned into a classroom for many students from the

robert handa live in san jose tonight with more on this, robert. >> reporter: frank, we're outside the chase bank on capital expressway where the attempted robberies took place. police believe the suspect in both crimes is the same man. hartman of san jose was surprised to say the least to see the chase bank has been the site of two robberies. especially as hartman put it, everybody knows there's cameras around the bank. >> it's a shock that our economy is getting so bad that we're having to watch our backs at the atm. >> reporter: police released these pictures from chase bank security camera video on august 28 around 6:40 a.m., a man shrouded in dark clothing attacked a woman from behind in the midst of her transaction. >> the man placed his arms around the woman. he asked for money, the woman complied and he took off running. >> reporter: the video camera showed the suspect walks up to another woman. the man is described as an african american male, 5'six ridges to 6', the police alert has customers such as leila hartman thinking about how distracted someone can be conducting busine

in san jose, robert handa, ktvu, channel 2 news. >>> now that california is planning on selling several state-owned buildings to make money, lay-off notices are going out to janitors. state buildings in oakland and san francisco are along 11 to be sold for $2.3 billion. the state is now sending off lay-off warnings to 1,000 custodians with the expectation of laying off 450. although the buyer has indicated that there are plans to re-hire as many of those janitors as possible. >> if you want to have a say in the november election, a critical deadline is set for monday. election officials in one bay area county say they are noticing a flurry of activity, as well as an interesting trend among those registering to vote. ktvu's ken prichit. it has this story. >> reporter: 18 days until the election and the election office is already a busy place. >> we are busier every day we get closer to the election. >> reporter: ballot county machines are being tested. absentee ballots continued to be mailed out by the thousands. and some early voters such as sandra phillips are casting their ballots in

robert handa, ktvu channel 2 news. >>> california drive her licenses are getting -- drivers' licenses are getting a new look how the change is aimed at protecting you. >> reporter: own air tour buses are under fire in san francisco. find out how some people want to change how these show off the city. >>> many tourists say they love them. but many residents say they are loud and annoying. we're talking about the open airbuses. david stevenson is in the city with a look at the problem and a possible solution. >> reporter: that's right. some city leaders and san franciscans say tour bus drivers are showing these tourists too much of a good time. >> just a reminder to those folks sitting upstairs, please remain seated while the bus is moving. >> reporter: the p.a. systems used, that's getting angry feedback. >> it's very annoying. they stop right there if the middle of the street and discuss the rules. so if our windows are open we can hear it. >> reporter: city leaders are drafting a proposal too make buses such as this one replace loudspeakers with headsets. >> we all love our tourists.

and a battle of the unbeatens, plus, if you really feel the need go for a ful ball with a kid in your handa, you'd better be sure not to make an error. your early morning sports headlines are straight ahead. >>> e tropical downpours on the east coa will moving offshore. your regional forecast is looking good. you're watchg "early today." >>> goodorning. if you're just waking up, this is "early today." in sports, with the major league season heading into its final weekend, the san francisco giants have put themselves in the catbird seat when it comes to making playoffs. here's nbc's fred roggin with an early look at all your sports headlines. >>> good morning. the san fraisco giants have set themselves up to clinch the nl west in front of their home crowd this weekend after sweeping the arizona amondbac diamondbacks. check out the phantom kayak into the ball. he gothe soggy souvenir and the giants led it, 1-0. quenches th of the season. giants won it, 4-1. they need to win this weekend against the padres to clinch the st. >>> speaking of the padres, they're reeling. a chopper to the left. ca

live in san jose, robert handa, can,ktvu news. >>> ktvu has learned joe biden is expected to arrive in the bay area tonight for a campaign event. the vice president will attend a private 9:00 a.m. event tomorrow in oakland with congressman jerry mcnurry. the vice presidt's office won't say what time he's arriving but ktvu has learned flight restrictions are being put into place at 7:30 this evening over oakland. >>> the scandal surrounding republican meg whitman and former housekeeper escalated today. diaz' attorney gloria alred released a copy of a social security administration letter sent to whitman in 2003 notifying her that diaz number did not check out. >> we never saw the letter, nikki did bring in our mail and sort the mail. >> meg whitman should be ashamed. embarrassed, she has lied. >> reporter: whitman says she dismissed diaz in 2009 after finding out about her immigration status. diaz' says she was abruptly fired after asking help getting a green card. >>> the budget is now a record 92 days late. that is near a quarter of the new fiscal year. the so called big five met last

in san mateo, robert handa, ktvu, channel 2 news. >>> a vow to shut down the port of oakland. why the upcoming sentencing of a former bart police officer is triggering action by the dock workers. >>> and i've got updated rain tracker. i will show you which days will be the wettest. we will see twizzlers. the twist you can't resist. [ applause ] >> a controversial project to connect bart to the airport got underway with elected applauses. the bart managers and officials announced the kickoff. a three mile elevated airway would carry passengers between the bart coliseum station and the april. some people object to the price tag though. $480million. but supporters say it will bring more business to the airport and create jobs. >>> tensions are heating up again as former bart police officer mehserle is sentenced on november 5th for killing oscar grant. today supporters of grant, including members of the long shore and warehouse union called on the public to join a rally at oakland city hall on saturday. they are demanding mehserle receive the maximum sentence of 14 years for his i

in san jose, robert handa, ktvu, channel 2 news. >>> now that california is planning on selling several state-owned buildings to make money, lay-off notices are going out to janitors. state buildings in oakland and san francisco are along 11 to be sold for $2.3 billion. the state is now sending off lay-off warnings to 1,000 custodians with the expectation of laying off 450. although the buyer has indicated that there are plans to re-hire as many of those janitors as possible. >> if you want to have a say in the november election, a critical deadline is set for monday. election officials in one bay area county say they are noticing a flurry of activity, as well as an interesting trend among those registering to vote. ktvu's ken prichit. it has this story. >> reporter: 18 days until the election and the election office is already a busy place. >> we are busier every day we get closer to the election. >> reporter: ballot county machines are being tested. absentee ballots continued to be mailed out by the thousands. and some early voters such as sandra phillips are casting their ballots in

live in san jose, robert handa, ktvu channel 2 news. >>> we want to go back on the developing news on the conoco phillips plant. rita williams just arrived in rodeo and has the latest on what's going on. >> reporter: this has been going on for a couple of hours residents in residents in crocket and rodeo. commuters are probably noticing it as well. it was much bigger than this earlier, maybe three or four times the flame and billowing smoke but they have got this under control. we are told that this will continue until as late as 10:00 tonight because that's how long it's going to take to shut down the plant because they've added equipment failure. and the flair is the intentional burning of excess fuel. air testing is under way for hydrocarbons but we've been told that they have been detected as low. so this has been deemed a level two and only people with respiratory problems are being urged to stay inside and avoid breathing the air. so far hazardous materials folks here in contra costa county say no one has been sickened, no one has reported for care in connection with this. insid

robert handa is live with more. >> reporter: now people have just left the san jose center for performing arts where sarah palin spoke. it wasn't a sell out crowd but the ones who came gave her a welcome that was anything but conservative. >> reporter: sarah palin brought her speaking tour to the bay area where democrats outnumber republicans three to two. the organizing group delivering freedom foundation estimated 1,800 people would show up. it didn't seem to matter to palin who treated the appearance like a campaign speech which is fine with her supporters and democrats. >> god i have to ask you, are you ready to take back and put government back on the side of the little guy? and have government work for you instead of you having to work for government? and that's why we're here today. >> the fact that she representing so much right wing philosophy, i think that is positive because the contrast between democrats and republicans could not be great. >> reporte why do you think that she could be a presidential candidate? >> i don't know that she could be. i think god has better things fo

in san mateo, robert handa, ktvu, channel 2 news. >>> a vow to shut down the port of oakland. why the upcoming sentencing of a former bart police officer is triggering action by the dock workers. >>> and i've got updated rain tracker. i will show you which days will be the wettest. we will see you back here. >> plus apple unveiled its latest and greatest. how it is upgrading its mass lineup. ktvu, channel 2 news morning news, the bay area's major news of the day. dave clark, pam cook, ktvu, channel 2 news in the morning weekdays starting at 5 a.m. [ applause ] >> a controversial project to connect bart to the airport got underway with elected applauses. the bart managers and officials announced the kickoff. a three mile elevated airway would carry passengers between the bart coliseum station and the april. some people object to the price tag though. $480million. but supporters say it will bring more business to the airport and create jobs. >>> tensions are heating up again as former bart police officer mehserle is sentenced on november 5th for killing oscar grant. today suppor

ktvu's robert handa is live in san jose tonight with more on this. robert. >> reporter: frank, we are here at the hall of justice in san jose and this is just a partial list of upcoming trials generating media and public interest. now, the statewide report reviewed thousands of cases to find the confirmed misconduct and that lack of accountability and now it appears some changes are coming. >> change in the next week or so. >> reporter: law students at the northern california innocence project at santa clara university law school are learning about justice and that even as prosecutors, the goal is not just winning a case. >> prosecutors are ministers of justice, right, their goal is not to convict but to see that justice is done. >> reporter: professor is the coauthor of preventable error, a study released earlier this month through the innocence project. the study reviewed more than 4000 cases over a 13-year period where some type of misconduct was brought up. it found 707 in which the courts explicitly determined significant misconduct but that onl

robert handa reports. >> reporter: intentional or not, the two very different candidates arrived at the debate in different ways. able maldonado formal, surrounded by staff members. gavin newsom, casual, strolling in, chatting it up with staff. >> top priority for me and the top priority for the lieutenant's governor's office will be to get the state's economy back where it should be. >> reporter: maldonado said b32 is a job killer, newsom called it a job creator. >> if you believe california's worse days being behind us and not in front of us you believe in carbon energy. >> reporter: newsom said he was tired of race in gender being used to pitch voters. and maldonado sited farm workers. after the two will take their disagreements to another debate on saturday. >>> and the state senate has not been able to muster the necessary votes. ktvu's amber lee is live at the capital once again. she just spoke with the legislative insider and joins us now with her report. >> reporter: frank we just checked in with staff inside the capital building behind me. we've learned that the senate took a v

robert handa reports. >> reporter: intentional or not, the two very different candidates arrived at the debate in different ways. able maldonado formal, surrounded by staff members. gavin newsom, casual, strolling in, chatting it up with staff. >> top priority for me and the top priority for the lieutenant's governor's office will be to get the state's economy back where it should be. >> reporter: maldonado said b32 is a job killer, newsom called it a job creator. >> if you believe california's worse days being behind us and not in front of us you believe in carbon energy. >> reporter: newsom said he was tired of race in gender being used to pitch voters. and maldonado sited farm workers. after the two will take their disagreements to another debate on saturday. >>> and the state senate has not been able to muster the necessary votes. ktvu's amber lee is live at the capital once again. she just spoke with the legislative insider and joins us now with her report. >> reporter: frank we just checked in with staff inside the capital building behind me. we've learned that the senate took a v

and robert handa is now in fellton to show us more. >> reporter: we're in the santa cruz mountain where is someone or some group has been posting these fliers over several towns. it contains a picture from a surveillance camera that appears to show two people breaking into a home. the flier identifies them as thieves and encouraging people to hunt them down. the flier accuses the two suspects of burglary and states they have been stealing medical marijuana and anything else of value. the pictures were taken from surveillance video. though the video tape owner has not made his or her identity public. the flier invites victims to watch and hunt the guy and his buddy. people we spoke to said they weren't upset of the fliers. they say it's a good thing to be vigilant. >> they're not into it for making money, a profit, it's not about commerce, it's about care giving and it's about patients who are sick. >> reporter: some concerned parents have been passing the flier around and several told us local teenagers have identified one of the suspects by name. we will not say the name because the su

robert handa, ktvu channel 2 news. >>> just one minute ago, we learned it's gonna be tim lincecum starting wednesday night, the world series opener. there are a lot of people in the bay area and beyond who would love to see at least one of those games in person but as our kraig debro reports if you don't already have ticket, be prepared to pay a lot of money to get them now. >> reporter: this morning, you could buy tickets to the world series online. outlevel seats for $250. but the supply is shrinking. >> it takes a lot of -- major league baseball takes a lot of tickets. we take some back and some are posted online. >> reporter: there's no chance of getting any tickets here at the giants' ticket window. these guys got here at 5:15 this morning without knowing that. >> what are you doing, here, man? >> i'm here to get tickets. >> reporter: are you sure it's gonna be open? >> i'm willing to take the chance. >> reporter: major league baseball developed a ticket lottery system. an on-line system. >> if you don't have a computer, we tell people to go to the library, go to a friend's house. eve

robert handa, ktvu channel 2 news. >>> the fate of mehserle is being fought in a court today as the defense prepare for his sentencing on november 5th. mehserle was convicted of manslaughter in the death of oscar grant on new years day of 2008. ktvu's rita williams has been following the trial since it began and is in our newsroom. >> reporter: both sides have layed out their sentencing argumenting and these briefs were submitted. prosecutors are seeking prison time, the attorney for mehserle says mehserle should not be sent to prison. now the former bart police officer faces a maximum of four years in prison on the involuntary manslaughter conviction and up to ten years for use of a gun. mehserle's defense attorney is seeking to have the gun conviction thrown out and is asking for a new trial. mike reihns told me yesterday that if this was not such a high profile case, person with mehserle's background would only be getting a light sentence. they did not specify for how long. the los angeles county jury that convicted him determined that mehserle did not intend to kill grant but was crimin

robert handa has that part of the story. >> reporter: we're here at the san jose convention center, the city has been wanting to expand this facility to attract more business. but that plan stalled after the city went into the budget. why was the governor happy to see a budget, because any budget is better than none. >> we all together democrats and republicans fought through all the mine fields, fought through all the obstacles but we got the job done. >> the fact the state cannot pass a budget in 100 days is bad. it's good to have that behind us. >> reporter: the governor push through state pension reforms, state workers will soon pay more toward retirement benefits and the retirement age for law enforcement will be raised to 65, 60 for other employees. it ends spiking, and new employees will see a two tier pension is. >> system has been taking away stealing from the parks, stealing from education, k through 12. >>> teachers and counselors in san jose say the budget comes on top of hundreds of lay offs. >> we've been hit extremely hard. this will still mean a lot of cuts for us. this

robert handa,. >>> vice president joe biden says it's time to put an end to the political rumors of 2012. president obama has asked him again to run on the democratic ticket. there were reports that president obama was going to make biden secretary of state and ask for secretary of state hillary clinton to run as vice president in the next election. >>> take a look in the window of this barber shop. you can see how they feel about gang injunctions. >>> this picture could hold answers for police. they are looking for the man here in the white t-shirt. they tell us his alleged victim is 98 years old. what man: empty nest? new kitchen, new us? woman: who are we? chic, modern, daring dinner-party hosts. that sounds dangerous, maybe we're more the traditional sunday brunch set? i'll expect slippers and a cocktail to be ready when i get home from work. point taken. hoabout... peaceful, quiet cottage in the country folk? now that's us. spend over 2500 dollars on a new kitchen and save 40 percent on custom countertops until november 28th at ikea. the life improvement store. >>> the controversy c

robert handa, ktvu news. >>> for the second time in three weeks a man has been struck and killed on camino real. police say the victim was a 65- year-old transient who was living at a near by encampment and that he was crossing the street with another man when a toyota camry hit him. >> this morning we had low light conditions, somebody crossing the street, it's just an accident. >> reporter: still, with the earlier death of a bicyclist on september 30th on el camino real, some people say that police need to look at safety there. >>> we now learned police of the two teenagers accused of setting a school on fire. they are 16-year-old lazaros riazz and crawford quan. each is is charged with one count of arson. if convicted the two face two years to life in prison. >> this is not an act that kids are fooling around with, something that gets out of control that sometimes happens with juveniles, this is not that kind of case at all. >>> the da's office says it also chose to charge the teens as adults because of the major damage done to the school, estimated to cost about $12 million. >>> the sa

purchasing a case of booze ♪ i guess the torture will never end, it goes on and on and on ♪ kung fu handa, patrick and oh, baby... brian [ indiscernible ] ♪ ♪ [ music ] ♪ [ music ] don't stop believing ♪ this could be the season ♪ ♪ [ music ] >>> go, giants, baby! hi, mom! >> reporter: ladies and gentlemen, ashcon has left the building. [ applause and cheers ] >> fabulous, thanks for that dennis. go, giants! ay asleep and wake refreshed. melt to sleep fast. unisom sleep melts. i say baloney. this state belongs to all of us. we just have to decide we want to change. i know government isn't a business and it shouldn't be, but the same values of accountability and focus that make california businesses among the best in the world could do a lot to fix sacramento. i'm on a mission to create more jobs, stop wasteful spending, and improve our schools. let's get to work. ♪ as ceo, she laid off 30,000 workers and shipped jobs to china. china. india. russia. poland. i know precisely why those jobs go. [ male announcer ] because fiorina shipped them there. to shanghai instead of san jo

esta maÑana nos acompaÑa la diseÑadora alex handa. gracias por estar con nosotros vestida de gris. >> gracias por invitarnos. aquÍ tengo un gris con estampado. traigo opciones para que vean que el gris no tiene que ser aburrido. es un color de otoÑo y es un color vibrante. aquÍ les traje diferentes estilos para que vean cÓmo lo pueden usar en diferentes tonos para diferentes ocasiones. >> claro que sÍ. vamos a comenzar con el primer diseÑo. lo mÁs rico es que se puede usar con muchas cosas. >> sÍ, mira, este es un vestido de lentejuelas. tiene diferentes tonos de gris y podemos ver cÓmo el gris no es nada aburrido. es un vestido que puedes usar para inaugurar discoteca una fiesta de aÑo nuevo y estamos a la moda. >> ¿hay cosas que tengamos que tener en cuenta antes de usar el gris? >> hay que combinarlo porque sÓlo tal vez hace que una persona se vea muy apagada. lo combinas con chaqueta... aquÍ tenemos una productora vestido de gris que se ve divina pero lo tienes que combinar con un color. >> ¿quÉ otras cosas debemos