That whoever is planning for the waterfront isnt listening to what the people want. Reporter finally, the americas cup, which was sold as a moneymaker for the city but ended up according to the report costing the city and the port more than 11 million. The mayor sort of, uhm, allowed developers to run the show. Reporter the key recommendation in the report suggests the mayor no longer be allowed to appoint all five members of the Port Commission. Now wholly owned subsidiary of the mayors office. Reporter and instead share that responsibility with the board of supervisors with the goal being more public input. Whoever has the dollars gets the prize when it comes to the waterfront. And that is what has to stop. Reporter the mayors out of town at a conference. His Office Referred us to the Port Commission which gave us a statement saying it welcomes the input from the civil grand jury. In San Francisco, im simon perez, kpix 5. You can read the entire report on our website, kpix. Com. Developing news tonight. Flames completely engulf two homes in san jose burning them to the ground. The fire spread to the surrounding grass creating concerns because its an open area. Firefighters worked to contain it before it spread any further. The homes burned on clayton road just south of Mount Hamilton road in the East Foothills of san jose. Chopper 5 live over the scene right now. The flames are all but out. But white smoke is still pouring from the area from hot spots. We have seen a cal fire chopper making water drops over the burn area. Authorities tell us firefighters will be on scene for the next several hours. No word of any injuries. Kpix 5 exclusive report on a braindead oakland girl is sparking a new debate now on life and death. Our story was on where jahi mcmath is now being treated. Today our joe vazquez followed up his reporting. He got a surprising response to reports the girls condition has improved. Reporter as i first reported last night, jahi mcmath is in a catholic Childrens Hospital in new brunswick, new jersey, in the pediatric icu of st. Peters University Hospital system. Her familys attorney chris dolan wont confirm that, but i asked him about jahis condition and he says she hostagely improved. So much so that he says the in a that she has substantially improved so much so that the family might move them to another facility. Whether or not they think this is a right facility for continued longterm care i could see that discussion potentially happening. Because of jahis improvement, she may need a lower level of care. Reporter our story has gotten quite a bit of attention on social media. Debates about life and death including some comments by sam singer the Public Relations crisis manager who for a time represented oakland Childrens Hospital. Singer tweeted today that if jahi is alive, her lawyer should have her do interviews. I think the public deserves an answer. Its not fair to tug at peoples heart strings and to make false claims like this without being able to back them up. The news media independent physicians, and the medical community ought to be allowed in so they can make a judgment for themselves as to whether this is the greatest miracle known to man or whether this is a hoax. Sadly, i think this is a hoax. Reporter the family attorney disagrees. Chris dolan told me he saw jahi follow her mothers voice and even move parts of her body at her moms command. And he says, all the experts who predicted that her body was supposed to have deteriorated by now are wrong. He wants jahi retested. I think that if those tests were performed again, they may show Something Different than what they showed when jahi was under the most acute stress of a swelling in her brain and a lack of food and nutrition. Reporter joe vazquez, kpix 5. So why would the family move her to new jersey . Well, it turns out it is one of the few states that allows the family to reject the diagnosis of brain death. San franciscos catholic archbishop says most of the public will never accept same sex marriage. Salvatore cordileone was one of the first speakers at the march for marriage rally on the National Mall in washington, d. C. Today. The archbishop went to the rally despite petitions and calls from bay area leaders and citizens asking him not to go. Cordileone says it is an injustice to deny a child a mother and a father. He said he attended the event as the popes representative. A kill switch compromise between Law Enforcement and smartphone makers today. Julie watts tells us two cell phone makers have agreed to voluntarily add the kill switches in their next operating systems. Reporter yeah, google and microsoft will incorporate kill switches in the next versions of their operating systems. But these changes stop short of the default kill switch that is many authorities have been pushing for, for a long time. When cell phone thefts hit epidemic levels Law Enforcement called for a kill switch and the cell phone industry responded. I was told that the technology was not possible today. Reporter when apple proved it was possible by adding the technology and iphone thefts dropped by 38 again Law Enforcement called for a mandatory kill switch. And again, the cell phone industry responded. Samsung and other devices without a kill switch continued to surge and state lawmakers introduced a bill that would make them mandatory again the cell phone industry responded. I was told that a victim of Domestic Violence may be precluded from dialing 911 if her aggressor would go and lock her phone before he decided to assault her. Reporter well, today a victory for San Francisco d. A. George gascon as he announced both google and microsoft have agreed to add kill switches to their phones. Combined with apples, they make up 97 of smartphones nationwide. But lawmakers are calling for more. Currently, the voluntary kill switches require users proactively opt in by downloading something or turning them on. If you have to opt in, you may not know about it, you may not know how to do it. It has to be opt out. Reporter senator lenos bill which passed the state senate would require kill switches come preinstalled and activated. It would also fine retailers for knowingly selling a phone without it, something gascon says is long overdue because until opt out kill switches are mandatory, crooks will continue to steal cell phones thinking their owners might not have opted in. Millions of people getting hurt worldwide because the industry has refused to do the right thing. Reporter lenos bill is up for a vote in the state assembly. Gascon is calling for similar federal legislation. Meanwhile, the cell phone industry argue that is cell phone kill switches should only be made available to those who want it and that legislation is unnecessary because they have agreeded to voluntary kill switches. Today a man who was shot and killed when he entered the wrong apartment was awarded a hosthumous degree from San Francisco state. He was a few minutes short of graduating. He was honored today on campus with an International Relations degree. Last month, he headed home to his Apartment Building in the mission after a night of partying. But he went to the wrong floor. Guillermo entered what he thought was his apartment. The man inside shot and killed him. One of his cousins said going to San Francisco state meant the world to him and a degree would have been his greatest achievement. His crowning achievement was finishing at San Francisco state. It took him eight years because when his father died of cancer, when he was 18, stefan had to work two jobs and had to support the family. So he was really looking forward to this day. The man who shot guillermo has not been charged. His family is vowing to seek justice in the case. Other bay area headlines tonight, San Francisco firefighters quickly put out a 2acre grass fire near alemany boulevard this afternoon. Winds were pushing those flames up a hill to the deck of a house. No word on the cause. Do you recognize this man . San jose police say he robbed a bank last week on villages parkway. He is latino in his 20s, 511, 250 pounds. Police say he walked into the bank and demanded money from the teller before fleeing on foot. For the second time, prosecutors have delayed filing any charges against delia garciabratcher. She is the Sonoma County mother accused of choking a boy that she accused of bullying her daughter at school. The District Attorneys Office says its still questioning witnesses in the case and the next court date is in july. New at 6 00 a walnut creek Business Park is eager to draw new companies and workers from all over the bay area. The challenge is several miles away from the nearest public transit. The owners say they have a solution. Our ryan takeo reports they are willing to test themselves to get the perk that workers want. Reporter walnut creeks Business Park is huge and its problem is large. Theres a lot of empty room. About 38 to 40 vacant. Reporter the parks main issue is simple. Weve lost probably three tenants at this property because there was no easy way to get from Pleasant Hill bart. Reporter you see the Business Park is three miles away from the closest bart station. Many workers feel forced to drive in from their homes scattered across the bay area. My drive in was okay. I would much prefer to be taking bart. Reporter Crissy Harris spends 40 minutes in traffic each way when she could be getting work done on the train. Uhm, driving it does. Reporter owners here think they have the answer. It involves teaming up and chipping in to pay for a google bus type shuttle from the Pleasant Hill bart station. That sounds great. Yeah, would make it nice. Reporter and owners think it will bring in more companies especially hightech ones relying on reverse commuters from oakland or San Francisco. If you are driving from San Francisco to here, and you know you have a shuttle bus from Pleasant Hill to here, that makes the difference. Reporter filling up space by filling this Business Parks growing void. In walnut creek, ryan takeo, kpix 5. Companies in the business are looking to contract with contra costa countys bus system to provide those shuttle buses. It could cost 300,000 a year. A big victory for larkspur rest didnt fighting against a massive construction project in their own backyard. The Larkspur City Council voted unanimously to scrap a plan to build a high density housing development. That is after people protested saying that it would stress City Services and result in traffic gridlock. The project would have made way for 900 residential units across from the larkspur Ferry Terminal and near a proposed rail transit station. Still ahead, a spreading the drought message. How much one bay area city is spending to get people to cut back. Good reason for that drought message because we are in the middle of a bigtime threeyear drought, two feet below average in San Francisco even more in san jose. So any rain in the forecast . Well be talking about the weather next. And six flags has a new sea lion pup. Check out this little guy. But the amazing part of this story is all about dad. For a bad wildfire season. New recruits special training today for bay area firefighters who are getting ready for a bad wildfire season. New crews for Santa Clara County are learning how to fight fire with fire. The lessons show them the proper way to ignite small fires to burn areas that would feed fires. This being the time of year, we are able to burn out a lot of nonnative invasive plants and help us manage our grasslands. Its also important for the trainees to learn about wind conditions to keep their small fires from getting out of control. We sound like a broken record on this but californias drought is getting worse. Just in the last week, the portion of the state in exceptional drought increased from about 25 up to 33 . From the chart you can see those expanded dark red spots covering much of the bay area and the ag areas in the central valley. The one bay area city is paying some big bucks to make sure that people get the message about conserving water. Kpix 5s john ramos spoke to some neighbors who are outraged by the 200,000 ad campaign. Reporter the drought has given Pleasanton City Hall a new look these days. Brown is definitely the new green. But this area relies solely on state water. So in may, when it cut back water deliveries by 25 we went to a stage 3 drought declaration which was 25 mandatory. Reporter the city sent out letters demanding the cuts and threatening fines for those who dont comply. One look at pleasantons neighborhoods shows the people got the message. I think the message came when it hit the pocketbook and they saw the fines and money speaks. So once they saw that they are scared straight and thats all anybody is talking about. Reporter the city seems pleased that water users have already cut back more than 20 from last year. So it was a little troubling to some that on tuesday, the City Council Approved 200,000 of water funds to be paid to an Advertising Agency to promote conservation. Californians are facing the worst drought ever reporter this ad has already been running on cable stations for about a month. The city says its been in the works since may as part of an overall strategy to get people to conserve. But some who are already doing that say its a waste of money. Its good for the Advertising Agency that got the contract. Good for them. We dont need it. We all know theres a drought and so i think were doing a good job,. We havent gotten to the hard part july and august. If we take our foot off the accelerator, well have a problem. Its beating people over the head with a shovel. Reporter the city says people need to get used to the idea. If the drought continues next year there may be no outside watering allowed at all n pleasanton, john ramos, kpix 5. , in pleasanton. The 200,000 is the total amount allocated for two years worth of advertising. About 50,000 of it has already been spent on research and to create the ads. Time now to get a check of the weather outside. Paul, we know thats its a drought. Is it the worst on record . The third. We are about 25 inches below average which sounds like it should be the worst or actually were two times where it was worse but this is bad. So many more people live here than the 1970s, the last time it was this dry. Temperatures up this afternoon, 90s, gilroy 92. Concord 90. San rafael 81. Near the water we got the onshore flow back and it was a whole different ballgame for you. Yes, it was sunny in hayward but a high of only 70. In San Francisco yesterday 78. Today 13 degrees cooler 65. Well take you up in chopper 5 where were talking about the drought and this time of year when we have a drought and we have a structure fire, sometimes the structure fire, you have a grass fire. Such is the case this evening where the fire in san jose has burned two homes and spread to grassland and trees. Firefighters appear to have the upper hand along things but obviously with the smoke still coming out things are still burning in san jose this evening. The fire danger just exceptional and its not going to change anytime soon. Santa rosa past five days a seesaw temperaturewise. Monday 79 and windy. Got up to 89 yesterday. Today cooler with that onshore flow. 85 degrees. So there are two things to talk about. One the drought. Theres rain out there. Theres rain up to our north. But this time of year typically theres a ridge of High Pressure we call thek blocking redskins because things move from west to east. They hit the ridge, ride up and over. That ridge is going to be there all summer long so we likely wont see any widespread rain for a while. The drought isnt going anywhere. Now lets talk about the onshore flow. That comes and goes. Came back today. Temperatures dropped. As we head over the weekend it weakens so temperatures will go up. With that High Pressure ridge staying just off to our west, we get the sunshine but with the onshore flow, we will not get bigtime heat. No widespread 90s inland. Most of the time were talking oil. Na 87. Concord 83. Were talking 80s. Sunshine away from the water in the weekend. 70s near the bay. Next week dry through wednesday. Interesting about 7 days from now we may have an area of low pressure getting closer at a minimum include thats still 7 days away. We have a lot of nice weather between now and then. A lot of 90s. 90s away from the water more and more common toward july and folks out there are like, dude, well take it. [ laughter ] ill take it, too. Bring it on. Why not. Its summertime. Thank you. A new baby is being celebrated at six flags discovery kingdom in vallejo. The new he is addition to the family at the park is 11 days old, the sea lion is named pebbles. Her father is also a big part of the story. This one is a little more special because we believe the father is a rescued animal named sarge. He was shot in the face by a fisher man. Shot in the face . Yeah. Its unfortunate. This happens quite a bit. Sarge lost his sense of smell and thats how boy sea lions know when girl sea lions are ready to make pups. Nature found a way. Sarge is a dad. San francisco is toppin