exclusivity for their iphone and it's completely legal. a live look outside this morning. it is wednesday, january 12th. this is "today in the bay." from nbc bay area, reporting what matters to you, this is "today in the bay." good morning to you. thanks for joining us. i'm laura garcia-cannon. >> and i'm brent cannon. we want to get you started checking out your forecast this morning with christina loren and find out what's going on weatherwise. it's a little warmer out there, dare i say. >> i'm glad you noticed. i'm glad you noticed. because it is quite a bit warmer this morning than where we started out on monday morning. boy, we had the 20s. right now we're in the 50s in some cities. 52 degrees in san jose, 44 for gilroy. we'll warm up later on at that under a big ridge of high pressure. by noon i'm expecting temperatures in the upper 50s

and ivo have revised my highs f the day. we'll talk about what's to come for the holiday weekend coming up. mike, you've got a serious situation. >> that's right. there's a deadly accident on sunnyvale on 237. this video taken about 4:00 this morning. still the same situation for eastbound 237. a crash and more card involved in a crash and one fatality as a result or shortly thereafter. so the investigation continues and they have to clean up about 75 feet of oil and debris. let me show you on the maps, this is eastbound 237 from fair oaks avenue reopening at lawrence expressway. chp will help you off of the freeway to the alternate and we'll get you updates as that progresses. hopefully the next half hour we'll see that reopen. we'll send it back to you. new this morning, while you were sleeping, an earthquake struck deep in the south bay. it serves as a reminder of what could be expected. marla tellez joins us from morgan hill this morning. the usgs reports people could

feel the shaking all the way up to san francisco. >> reporter: that is absolutely right, laura. good morning to you. yes, the quake hit south of here so it's kind of a surprise that people could feel it in san francisco. it happened shortly before 1:00 this morning precisely at 12:51 a.m. according to the usgs, the u.s. geological survey, it measured a 4.5 on the richter scale and it hit six miles southeast of san juan batista. many of you know that is located in san benito county. neighboring cities are hollis r hollister. that is about 45 miles south of san jose. the epicenter was 5.2 miles deep. it did hit on the infamous san an dreas fault.

a 3.4 aftershock hit at 1:00 this morning. now, so far no reports of damage so good news there but we did find a gentleman in morgan hill, he happened to be here this morning, he said he certainly felt it in his home. >> yes, i did. it woke me up this morning about 12:50 this morning. it was pretty strong. it rocked the house pretty good. no damage, nothing fell down or anything. it just lasted a little bit and then it was over. but it was strong. it was strong enough to wake you up. >> reporter: now, sam is not the only one who felt it. according to the usgs more than 2300 people have reported back to them saying they did feel it. the strongest areas hit, selenas and san juan batista. we should let this serve as a reminder to get earthquake ready. this includes getting a plan together and earthquake kits.

have your flashlights ready, portable radios and of course water and food. the usgs recommends having enough water to last at least two weeks and enough food to last several days. reporting live in morgan hill this morning, marla tellez, "today in the bay." >> thank you very much, marla. in fact right now she mentioned this is actually the second quake in less than a week. we want to check in with the usgs this morning. we say good morning to amy vaughn. she's a geophysicist. are you there? >> i am. >> thanks so much. so how deep was this one and was it connected to the one last week that i mentioned previously? >> right now we have a depth of about 5.2 miles. we don't necessarily know whether these were connected to the morgan hill quakes. these quakes can be common in the 4s so we don't really know if they were connected or not. >> because of the size of it, can you expect aftershocks? >> as you've seen, we have already had about 15 or so this morning, all smaller than this

main shock so far. typically they're going to be smaller than the main shock but we could expect aftershocks to occur a little while longer possibly. >> although it sounds like you've been getting 2300 reports so far and could be growing from there of people feeling this far and wide. >> yes, exactly. it's kind of surprising how north and south it went in terms of the felt reports we're getting. >> i am surprised. as far north as san francisco? >> actually a little north of san francisco. >> interesting. interesting. and how far south? >> right now it looks like we've had some down in the big sur area and king city. >> all right. so it will be interesting to see. what fault line, do you know, was this on? >> it appears this is connected to the san andreas fault line. >> amy vaughn, thank you for joining us this morning. good to talk to you. today marks the one-year anniversary of the haiti earthquake and bay area students are doing what they can to

remind us that that disaster is far from over. students from east san jose, east palo alto and los altos schools all traveled to haiti to deliver $10,000 in aid and help rebuild a haitian school. one of the students is now going to host a forum at evergreen valley high school to discuss the challenges that still lie ahead. that forum is 6:00 tonight. but the challenges are daunting. about 500 refugee camps still exist in port-au-prince. this was one of the hardest hit areas. the 7.0 quake killed 230,000 people and bodies are still being pulled from the rubble today. the disaster prompted people from all across the world to give. an estimated $1.4 billion was raised. now, some of the money has gone to shelter, food and water, but a lot of the money still has not found its way to haiti. >> you have funds which is still stuck in washington for the reconstruction. you also have the promise that the donors did, which none of

that has been released. >> the red cross collected nearly $500 million after the quake, but only about half of that money has been spent. more 1.5 million people in haiti still have no homes. after months of waiting, san bruno blast victims finally will access money that was donated after september's deadly pipeline explosion. 38 families whose homes are now gone get $6,000. 17 homes with moderate damage are going to get $4,000 each and homes with just minor damage will be given $1,000 each. the city council could make money available by the end of the week. move it or get ticketed. that's what san francisco municipal transportation agency is saying. san francisco motorists who park their cars in tow away zones or stop in the middle of an intersection will be targeted. they're hoping this will create more money to cut into the agency's more than $21 million budget shortfall. they plan to increase parking enforcement in those areas.

san francisco police are a little stunned about the audacity of an accused burglar. 29-year-old eric miller snuck into fire station 19, made himself right at home monday night. >> did he ever. they say he spent four hours in the firehouse watching tv, working out at the station's gym. he even said hello to some of the guys. >> firefighters said he didn't notice this guy right away because he got into a laundry bin and got some fire department issued clothes, put them on so he looked like he might be somebody with the fire department. when they got around asking what are you doing, he said waiting for an emergency call. >> just waiting around. police say he had actually taken some of the firefighters' things and he appeared to be mentally unstable. >> kind of a crazy story there. 5:08 right now. we want to check the morning commute. mike inouye has a serious situation. >> yeah, we've been following this deadly accident and the closure for eastbound 237 coming through the east bay. that's a major east-west connector taking you over to 880, 680, access to the east

bay. still have the eastbound lanes closed here just past fair oaks avenue basically. now in the last couple of minutes i've seen the sensors change from yellow to green approaching the scene. chp was cleaning up some oil and debris so they may be getting ready to open those lanes. right now your alternate is tasmin. the bay bridge very light. as we send it back to you, we'll see this build over the next hour. >> very light, but it's early. it is early and it's kind of toasty these days. >> i don't know about that part. >> well, after you've been in the 20s and you double your temperatures up into the 40s, you're looking good. >> maybe if you're eating toast right now, maybe that's what's making it toasty, because it's still pretty cold out there. hey, we're talking toasty later on this afternoon. ivory viezed my high temperatures for today. wore looking towards the upper 50s. the average temperature is right around 57 degrees. we're starting out at 48 in oakland, you're at 45 in sandy

rosa, 20 degrees warmer than we were at this time on monday morning. down in santa cruz, already 50 degrees, so you can count on an additional 10 to 15 degrees of warming as the sun comes out today. not a lot of sunshine for us. mostly cloudy skies. a few breaks of sun throughout the day today. but mild at whiches and a warmup on the way. we'll talk about that coming up. back to you guys. the time now is 5:10. remembering the victims of the arizona shooting. the president is headed to tucson and arizona lawmakers are scrambling to keep protesters away from the funerals. plus mystery solved. a look at what wildlife experts say is behind the death of these birds in sonoma county. well, for much of the last two years, this event would be the first thing i would think of when i awoke and the last thing that i would think of before i went to bed. >> and we sit down with the miracle man himself. what chesley "sully" sullenberger has to say two years after the miracle on the hudson.

reporting what matters to you, you're watching "today in the bay" with laura garcia-cannon, brent cannon, weather with christina loren, and traffic with mike inouye. [ male announcer ] 95% of all americans aren't getting enough whole grain. but actually, it's easier than you think, because general mills big g line of cereals

is america's number one source of whole grain at breakfast. there's whole grain in every box... ♪ ...from chex... to cheerios... to lucky charms. so you can get the whole grain you want with the taste y le. get started on the whole grain you're missing with your favorite big g cereals. make sure to look for the white check.

we were the first to ban smoking on airplanes. the first to have smoke-free bars and restaurants. all while saving over $86 billion in health care costs... and over a million lives. we've done a good job. but even if you were born today, you'd still grow up in a world where tobacco kills more people... than aids, drugs, alcohol, murder and car crashes... combined. we have a lot more work to do.

president barack obama is headed to arizona today to pay tribute to the victims of the arizona shooting rampage. he's going to speak at the memorial service. he will deliver the main address and is expected to honor those who were killed and assure families in grief that the entire country is behind them. the service will take place at the university of arizona's basketball arena. the service is being called "together we thrive, tucson and america." it is open to the public and will be carried live on nbc. meantime, arizona lawmakers are scrambling to make sure that protesters do not disrupt funeral services for the dead. governor jan brewer signed a new law that prohibits protests within 300 feet of a funeral service. the funeral for the 9-year-old girl who was killed saturday is tomorrow. members of the highly controversial westboro baptist church plan to picket that funeral. the fundamentalist church from

topeka, kansas, has picked other military funerals to demonstrate their belief that god does not tolerate homosexuality and they plan to do the same at the little girl's funeral. it's 5:14 right now. a hitchcock mystery solved this morning. wildlife experts in sonoma county say they know what caused the mass death of birds. they say it's no mystery these birds were killed by a truck. they made the conclusion after taking a look at the birds and talking to a witness. chp found more than a hundred birds on sunday. the road was flanked by vineyards which is an attractive place by starlings. they fly in large numbers grouped close together. the head of one of europe's biggest banks says it's time to move on. bob diamond told lawmakers in london that banks should stop apologizing for past mistakes. he goes on to say that while banks should be remorseful, we need to move forward to promote economic growth. diamond is set to testify about executive bonuses.

the bank chief is one of the highest paid bankers in the u.k. california tied with illinois for the worst state credit rating in america. scott mcgrew says illinois may be actually pulling ahead. >> illinois trying to get its financial house in order and become the second worst credit rating in america. the state's lawmakers there voted to raise income taxes, a huge increase, 66%, to try to close the budget gap there. california is not planning to raise taxes, but governor brown does want we voters to approve the extension of current taxes. we'll talk more about this this spring as it comes up, as the vote comes closer, but the entire budget that mr. brown laid out depends on that extension. his budget makes massive cuts, but it will absolutely fall apart if we don't vote to keep taxing ourself at that higher rate come june. meanwhile, we are taking a careful look at wall street, but we'll talk more about that coming up in just a bit. back to you.

>> sounds good, thank you very much. we were talking a little bit about verizon and the link with apple. well, they're going to start servicing iphone users next month, breaking the monopoly at&t had on the phone. but people with other carriers don't know if they'll ever get a shot at the iphone so they're enlisting some help. they're using hackers that can jail break iphones. it allows the iphone to work on other carriers and allowing any app to be installed. apple doesn't approve of it but recently rules were relaxed. one says they are overreacting and he's doing nothing wrong. >> apple till gets tear money. at&t -- if people want at&t, they'll switch to it. either way, people are going to get their phone unlocked. somebody will do it for a while. >> the jail breaking technique won't work with the new iphone because it uses a different transmission technology. there are a number of post jail

breaking iphones on craigslist. if you ask people the most famous doctor, athlete or newscaster in the world, you'll probably get a lot of different answers but if you ask who the most famous living pilot is, just about everybody would say chesley "sully" sullenberger. two years ago he and his crew saved the lives of 150 people after landing in the hudson river. garvin thomas sat down with sully to see what his life has been like since then. >> we can't do it. >> which unway would you like. >> we're going to be in the hudson. >> i'm sorry, say again, captain? >> u.s. air flight 1549 landed in the hudson river at exactly 3:30 p.m. and their seconds on january 15th, 2009. from beginning to end, the

flight lasting barely five minutes. the ripples from that splash landing, however, are still being felt two years later, particularly if your last name is sullenberger. >> well, for much of the last two years, this event would be the first thing i would think of when i awoke and the last thing i would think of before i went to bed. >> reporter: it's an understatement to say chesley "sully" sullenberger's life changed that day. he took off in anonymity and crashed straight in celebrity. >> it's almost impossible to describe in words unless you've been through it yourself, the suddenness of it, the intensity of it, the 24/7 constancy of being the public face of this wonderful event, especially at first. we all, our family, our crew, our passengers had to get very good at living this new life in the public eye. >> reporter: much of which sully admits has been great. over the past two years, he's met with presidents and princes, led parades and been given

accolades, all the while replaying in his mind the events of 1549. >> yes, with the passage of time i have come to appreciate even more how much went right that day and how very well my crew and i did our jobs. i said early on that we were doing our jobs, but we did our jobs exceptionally well. >> reporter: a job, by the way, sully no longer does. he has retired from flying and now writes books, gives speeches and advocates for better airline safety. sully says while there are times he and his family wish he were not so famous, he realized early on, he can't change it, so he accepted it and pledged to make the most of it. >> i think good has come of it. we are actively working to make more good come of it. >> reporter: something of which he is reminded every time he opens the mail. >> i've got a lot of letters and christmas cards from passengers. when i look at the photograph that say they include and i see

the faces of their children or of their spouse and their extended family, you know, i just remember all over again how many lives were touched by this. so we have much to be grateful for. >> reporter: garvin thomas, nbc bay area news. >> that is amazing. >> it was an amazing story then and still is there. >> what a hero. it's 5:21 right now. we want to check the forecast with christina. rain, but where? >> well, not here and that's the good news. that's all we care about, right? snow on the ground in 49 of the 50 states, all but florida right now enjoying the winter. but for us today it's actually going to be seasonably warm. we're looking at temperatures in the 60s because we're starting out so warm. high pressure fully in control of our forecast right now. we are going to see quite a few clouds come in later on throughout the day as a system of low pressure tries to push its way onshore. we were expecting some showers later on in the week but high pressure will be so strong i don't think that's going to happen. we're talking about mostly

cloudy skies for today and tomorrow, but if we get pretty good breaks of sun, we could really warm up today. 49 degrees in hayward right now, 46 in san mateo. very mild along the peninsula. you're at 47 in san francisco. bring that jacket, but you'll probably want to bring something that you can take off later on today, because we're talking about temperatures at 63 degrees today in san jose, one of the warmest days we've had in quite some time. 60 in oakland and 61 in santa rosa with breaks of sunshine. mostly cloudy throughout the day. we'll see a few periods of sun. whenever the sun does come out, it will warm us up substantially. here's what we can expect. mostly cloudy conditions will turn over to sunny conditions. plenty of sunshine lasting all the way through monday, a holiday. take a look, 64 degrees, seasonably warm on tuesday, even in the city it's going to be nice, guys. the time now 5:22. back in the spotlight, a pop diva is trying to get back in

the public's good graces, but a new controversy may not help her case. we'll tell you what's going on now. plus smart meters have received a lot of attention recently, including questions about whether they're bad for your health. we'll tell you the results of a new study that looks at the issue.

good morning, folks. we've been following this

situation, the full closure of eastbound 237 is closed due to appear overnight deadly accident. it happened just about 2:00 a.m. this is the part of the job i hate when i have to report these accidents. we also have the full closure which will remain in place potentially another 20 minutes. smooth drive, though, once you get over to 880 heading up to 92. the san mateo bridge, a nice continuation up through the east bay and the bay bridge, a light volume at the toll plaza and across the water. this will pick up over the next hour, but so far no major delays throughout the east bay approaching the span so we send it back to the desk. >> thanks a lot, mike. britney spears is no stranger to controversy, but this time it's not over her clothes or run-ins with the paparazzi. the new flap is over what she's doing. the bellamy brothers say the pop star's new single called "hold it against me" rips off their 1970 hit called "if i said you had a beautiful body." spears' song uses a line word for word from their song but the

lyrics that spears is accused of stealing is not original to the bellamy brothers either. it's groucho marx. the power of the people. an east bay city fights back against what it calls corruption at city hall. a fire in the east bay results in a funeral today. they are supposed to mean closure but for one family the funeral will only mean more questions and a family separated further. plus getting his house in order. what governor brown is doing to start slashing the budget immediately. [ female announcer ] every box of general mills big g cereals can help your kids' school get extra stuff. ♪ like musical instruments. ♪ and new art supplies.

♪ because they're the only cereals with box tops for education. last year, schools earned over ten million dollars from big g cereals. you can raise money for your kids' school. look for this logo... only on big g cereals. you can make a difference. every cereal box counts. ♪ it's ok that we're number four hundred and three ♪ ♪ we'll find ourselves a comfy seat ♪ ♪ and watch some shows and stuff ♪ ♪ ♪ let's follow that lady with the laptop ♪ ♪ and watch day-time dramas at the bus stop ♪ [ male announcer ] now you can watch hit tv shows on your laptop and smartphone with at&t u-verse tv. now get up to $300 back in promotion cards. at&t. rethink possible.

until i look at the gumline. the problem is, you could have plaque along your gumline that can lead to gingivitis. in fact, one in two adults actually has gingivitis and might not even know it. that's why i recommend new crest pro-health clinical gum protection toothpaste. it helps eliminate plaque at the gumline, helping prevent gingivitis. and it's been clinically proven to help reverse it... in just four weeks. it also protects these other areas dentists check most. new crest pro-health clinical toothpaste. for healthier gums.

>> reporter: new this morning, an alameda doctor is accused of touching a female patient inappropriately. i'm christie smith. now alameda police want to know if perhaps there are other victims. and we take a look at the bay area tie to the deadly shooting in arizona and where you can go today to pay your respects to the victims. plus helping the family of an east bay firefighter carrying out his dying wish. what you can do to make his final dreams come true. and a live look outside this morning. the bay bridge, nice-looking day. it is january 12th, it's a wednesday. it's "today in the bay" and it's looking pretty good today. from nbc bay area, reporting what matters to you, this is "today in the bay." good morning, everybody, and thanks for joining us. i'm brent cannon. >> and i'm laura garcia-cannon. let's get started with a quick

look at the forecast. looks like a nice day on tap. >> oh, yes, a nice day in store for us, but let's start with something that may have jolted you out of your sleep this morning in the south bay in particular. we had reports of a 4.5 earthquake. right now the situation is as such. it happened just to the southeast of san juan batista right around 1:00 a.m. people have been calling our station saying they felt all the way up in campbell, they felt the shake. milpitas and sunnyvale as well. if you felt t quake, we want to hear from you. share the story on our facebook page. search nbc bay area morning news and let us know what you felt and we will continue to post those online and share your stories, because some people reported feeling that quake all the way up in san francisco. i live in campbell. i didn't feel it, i slept like a rock. we'll talk more about that coming up. 49 degrees right now in hayward. we're warm this morning. we're going to warm up this afternoon into the 60s. 63 degrees is your forecasted

high in san jose under mostly cloudy skies. a few breaks of sunshine will warm us up, though. i think you'll like the feel of today, especially considering we were in the 20s at this time on monday. back to you. >> thanks a lot, christina. an east bay doctor who has treated patients for more than four decades is now in trouble with the law this morning charged with sexual battery. christie smith is live at alameda with a look at those charges. >> reporter: good morning to you, brent. you know, it was a 28-year-old alameda woman who first tipped off alameda police, saying that during an exam, a doctor touched her inappropriately. well, now alameda police are going public, trying to see if perhaps there are other victims out there. the doctor is 73-year-old ernest sims. he was arrested on suspicion of sexual battery of a patient under his care. now, the alameda county d.a.'s office announced it will prosecute sims who was arrested

at his home a day after the woman made the disturbing report that police that sims touched her as she was being treated at aai health services here on central avenue where police say that he's been treating patients for at least six years. he received his license to practice medicine back in 1966. the state medical board has been notified of his arrest, the law requires that notification under these circumstances. again, anyone who believes they maf be may have been a victim is asked to call police. christie smith, "today in the bay." new this morning, one person is dead after a four-car pileup on eastbound 237 just east of lawrence expressway this morning. chp says one person died on impact after being ejected from the car over the center divide. no traffic is allowed in either direction right now until officers wrap up their

investigation. several east bay groups will hold a candlelight vigil for the congresswoman who was shot in tucs tucson, arizona. east bay young democrats and other civic groups will hold a vigil for representative gabrielle giffords in downtown oakland. the groups are condemning political violence and violence in communities in general. they'll announce a new program to fight against violence. that vigil is set at 5:00. the aftermath of the shooting in arizona hits close to home in the bay area. susie kielman used to be a school board member in tiburon. she was holding the hand of a little girl shot dead by the tucson gunman. even when she was unconscious, she still tried to be the girl's protector. people remember her as someone who was very active in the community. she always loved children and education. she served two years on the reed county school board in 1998 and 1999. the board president praises her saying she seems to have the sort of genetic makeup to attach

herself to the community that needed some help. she also volunteered at the library and served on the board of the library foundation. neighbors were shocked when they learned she was one of those shot in tucson. her husband saying his wife has vivid memories of the shooting. >> her crying out christina, christina, let's run, let's run, had her by the hand and then her very, very vivid memories of being on the ground bleeding profusely thinking she was dying. >> at next week's school board meeting they'll take a few minutes to honor her and offer support as she recovers. funeral services will be held today for a mother and 3-year-old girl who died in an oakland apartment fire in december 30th on 82nd avenue and plymouth street. investigators say an overloaded extension cord may have started it. the 28-year-old woman and her

daughter died in the fire. immigration officers will bring the father of the little girl to the funeral service today, but then he's going to be deported to el salvador. he and another daughter are in the country illegally. the fate of the surviving girl has not yet been decided. she could be deported as well, but right now she is in the custody of child services. a convicted murderer sentenced to life in prison is now back on the streets as a free man. san francisco district attorney dropped all charges against him who was convicted of killing two people. he said his office cannot retry the case because the star witness is now dead. last month the judge ruled that conley didn't get a fair trial because the star witness accepted money for his testimony. oakland police are putting together a list of the city's most dangerous gang members. they say it's important police work, but others say it amounts to racial profiling. the department has come up with a list of 40 of the city's most

gaur dangerous gang members. they filed an injunction against the alleged members of the street gang. one man we spoke with did not want to show his face on camera but he said he is on the list simply by association. >> i have no violence whatsoever. >> reporter: are you a gang member? >> i'm not a gang member. >> reporter: have you ever been a gang member. >> i've never been a gang member. everybody in oakland knows people. i'm not going to say i don't know people. >> last night members of the community packed the public safety meeting at city hall asking committee members to block the new injunction. pg&e's smart meters do not pose a risk to your health. that is according to an independent report on the health effect of smart meters which found that the wireless devices when properly installed and maintained put out smaller levels of radio frequency exposure than cell phones and microwave uchs. it found no negative health effects from emissions proud by smart meters but added more research is needed. pg&e is installing smart meters

throughout northern california but some fear the meters increase the risk of cancer. the time now 5:37. we do want to check your morning commute with mike inouye. >> good morning. we'll take you back to sunnyvale where we continue to update the closure, laura, that you just talked about, the deadly accident on 237 involving a total of four cars. all cars have been cleared. the debris and the oil continue to the cleanup for about a 75-foot stretch closing as you pass lawrence expressway. you may be routed out at fair oaks, get back on at the great america parkway but approaching 880 things are clear. we should see this reopen in about 10 minutes but i'm waiting for chp to give us the latest update. as that starts to improve, we see this continue to slow down. antioch shows 30 miles an hour, big delays heading over towards love ridge. the times throughout the rest of the area very nice. steady volume increasing,

starting to build coming out of oakland heading to the toll plaza. we had some overnight sprinkles but things are changing as well, right? >> yeah. well, we're still talking about that earthquake but it is going to be a nice today today. we don't have any fog to hamper your commute. slick conditions left over from the very small amount of rainfall that we picked up yesterday. but 4.5 earthquake took place near hollister, so if you live in the south bay you may have felt that. we want to hear your stories. just go ahead and post them on our facebook page. we might even read them on air, so just do a facebook search, type in nbc bay area and you will find us. 48 degrees right now in oakland. it's going to be a pretty nice day with temperatures maxing out in the 60s. 63 degrees today in san jose, about 5 to 7 degrees above our seasonal averages. and that's because we're going to see quite a bit of cloud cover throughout the day today, but some pretty good breaks of sunshine will warm us up substantially. so i think you'll enjoy the dry break. and as we head throughout the next few days we'll continue a

gradual warmup, ending up right around 64 degrees by tuesday. so a fair stretch of dry weather, that's what you can look forward to as we head through the next few days. back to you guys. >> thank you so much. coming up on 5:40. eggflation. why one company says you are filing too much for your produce and they're filing a lawsuit. plus the latest on the shooting in arizona plus the memorial planned today. we'll tell you what's going on in washington and arizona coming up in a live report. and why your zodiac sign might be a little different than what you think. taking a live look outside from the south bay. we have a really nice day on tap and an even better weekend coming. stay with us, it's 5:40 right now. reporting what matters to you, you're watching "today in the bay" with laura garcia-cannon, brent cannon, weather with christina loren, and traffic with mike inouye. i have fallen in love with making bird houses.

caw caw!

[ director ]what is that? that's a horrible cr. here are some things that i'll make as little portals. honestly, i'd love to do this for the rest of my life so i've got to take care of my heart. for me, cheerios is a good place to start. [ male announcer ] got something you'll love to keep doing? take care of your heart. you can start with cheerios. the natural whole grain oats can help lower cholesterol. brrrbb... makes you feel ageless. [ male announcer ] it's time. love your heart so you can do what you love. cheerios. [ bob ] squak. [ woman ] the first time i smoked, i was 13.g breaths ] i was in a hurry to grow up and wanted to look cool. big tobacco knew it, and they preyed on me. i'm here to tell you that big tobacco hasn't changed. they continue to profit... by selling kids the same lies... to get them to use... the same deadly products. don't be big tobacco's next victim.

wow, look at that. this is in revere, massachusetts. look at the snow that's coming down, just a chilly, wintry look for you from our california view. >> they're going to be digging out again. meantime, president obama and the first lady are heading to arizona today. they're going to pay tribute to the victims of the arizona shooting rampage. the president will deliver the main address at tonight's memorial service. he will honor those who were killed, and he's going to assure families in grief that the entire country is behind them. the service will take place at the university of arizona's basketball arena. tonight's memorial service is being called together we drive, tucson and america. it is open to the public and you can watch it live right here on nbc bay area tonight at 5:00. >> with the president's arrival to arizona, it is a national issue, so many people concerned.

the aftermath of the shooting is being felt in washington, d.c., in particular. many members of congress are starting to fear for their own safety. tracie potts is live in washington with more. good morning. >> reporter: laura, good morning. reactions here really run the gamut from members of congress who say they won't stop doing public events to others who say they like to carry their own weapons with them. in just a few minutes they're going to sit down with members of the capital police force and the fbi to talk about safety and security for members of congress, not so much here on capitol hill but when they're back in the district, back in places like san jose, san francisco, shaking hands with the public. how do they make sure that they're safe. they'll talk about whether or not they need to connect with local police departments there to request extra security or perhaps even hire their own. now, in addition to that meeting today, they'll be making speeches on the house floor here officially for the first time since this incident, expressing their condemnation and condolences for the victims who

were involved. later today a resolution will be considered. they'll take a vote on a resolution condemning that shooting last weekend and then finally today they'll have a prayer service here on capitol hill. democrats and republicans all getting together to talk about this tragedy and what happened last weekend. laura? >> all right, thank you very much. we have dramatic video of horses and cows being rescued in the floodwaters in australia. we've been showing you a little of this each day. rescuers are struggling trying to keep the animals afloat in many cases. heavy rain since last november have drenched the northeast part of the country. in this case they have got to get that poor animal to higher ground. there are concerns now about creatures in the murky waters, like alligators and poisonous snakes so they have got to watch out for that. the magnitude of the flooding is enormous. as we mentioned, the size of france and germany combined are still under water and at least 22 people have died. there are about 67 missing right

now. it's 5:45 right now. good morning, i'm laura garcia-cannon. >> and i'm brent cannon. we want to take a look at your morning commute right now with mike inouye. >> good morning, brent, good morning, laura. we have great news for 211. that east-west connector, all lanes have just reopened. the sensors will take just a couple of minutes to update but the sig alert has cancelled for eastbound 237. this after an overnight deadly accident involving a total of four cars had both sides of the freeway closed for some period of time. westbound opened pretty early on and eastbound just reopened, all lanes. you can now access all the way over to milpitas and fremont heading towards 880. here are some travel times. you'll see things start to slow right around san jose state and next week as things get back in session, you'll see heavier volume here. we'll send it over to christina, where we have no problems in the south bay weatherwise, right? isn't we are looking good. you may find slick conditions in some of the places that picked up the most rainfall, but most places only picked up a couple of hundredths of precipitation

so overall we're looking dry. we'll stay dry under mostly cloudy skies as high pressure remains in control of our weather pattern. we have a system of low pressure that will ride over the ridge and maybe bring showers to the very northernmost portions of the bay but overall we are looking good for tomorrow as well, a gradual warmup as high pressure amplifies over the next few days. 49 degrees in hayward. a mild start, turning over to the 60s. 60 in oakland today, 61 in los gatos gatos. a pretty mild day on tap us. and especially tuesday, 64 degrees. back to you guys. >> thank you very much. a political firestorm in hercules is about to simmer down. hercules' may is stepping down from his post before being recalled. he made an announcement last night at a city council meeting. he's accused of approving several million dollars of a no-bid contract and supporting

sweetheart development deals. last night he told the council he plans to spend more time with his family. >> can you hear me now? governor jerry brown issuing his first executive order for this year's budget taking aim at state employee cell phones. he ordered agency department heads to go ahead and collect half of the approximately 96,000 state-issued cell phones that are used by public employees. he says that move will save the state at least $20 million a year. according to the governor's office, each cell phone costs an average of $36 per month. he'd like to see that number of cell phones cut 48,000 by june 1st, so try to get at least half of what he wants done by june. governor brown says he's going to lead by example and he is going to return his state-issued cell phone. consider yourself wander when you're using your smartphone at the airport. authorities warn travelers to be wear of hackers setting up fake

wireless connections to steal personal information. authorities say a hacker with an iphone or a mobile device that has the capacity to create a wi-fi hot spot can set up a fake connection at most areas in the airport. authorities are telling users to use the same precautions when downloading material as they would when surfing the internet at home. alameda firefighters are hosting a blood drive today in memory of one of their own. captain scott carnavelli died in january from cancer. he was diagnosed with esophageal cancer in march and some say it came from continual exposure to harmful soot, smoke and fumes. friends and family say his dying wish as to educate the community about the need for blood donors so people close to him now are trying to put his wishes to work. you are encouraged to register online for the drive.

there are still several slots available. all you have to do is foe to bloodheroes.com and click donate blood. then enter the sponsor code scott. a major lawsuit is crying foul on the nation's largest egg producers. they claim united egg producers and five other companies artificially inflated egg prices. they say the group limited u.s. supplies by killing off hens under the disguise of treating them more humanely by giving them more cage room. the suit claims this resulted in a 40% increase in wholesale egg prices. charges of price manipulation are not new. in 2008 a california proposition to ban farm animal cruelty found evidence of price gouging by the egg industry. the group denied the allegations, saying they reduced hen numbers over concerns from the public. what could possibly be the world's biggest toy clogging is getting thousands of people to play from the comfort of their own home. >> i think it's like what you

see on the mall but it's online. the santa claus at a real art design group in dayton, ohio. players can join online and use keyboards to operate the claw. there's an eight-hour wait to play this. you can win everything from leather chaps to chattering teeth. good stuff there. the prizes are shipped anywhere in the united states. if you want to play, join santa claw.com. be sure which keystrokes you use, you only have one chance to win. good morning to you. the biggest and most clear picture of the night sky ever, be prepared to be underwhelmed because if this picture were shown in its true size, it would be a trillion pixels so you would need 500,000 hd tvs to actually see this the way the scientists are seeing it so we

squeezed it down a bit. the pictures will give scientists years of study as they examine real photographs for new stars and other heavenly bodies. well, from a big universe to a small world, the same way -- the same day that the movie "social network" came out, the real-life twins were in court in san francisco asking for yet more money from facebook. they already received millions in a settlement. reporters report the judges were a bit inkred lus that the twins were asking for yet more money from facebook. you'll recall either from watching the news or watching the movie, the twins say they had the original idea for facebook while they were students along with zuckerberg at harvard. they claim mark zuckerberg fooled them so sued and got a settlement. in this latest case they essentially say they were fooled by facebook again and they want yet more money. so fool me once, i'll sue you. fool me twice, i'll sue you. >> sue you again.

interesting, thanks. a thief made off with a precious metal in the central valley. somebody stole a silver olympic medal from his parents' home. he earned that medal as the goal keeper for the united states men's water polo team in the 2008 beijing olympics. it was stolen december 28th as the family was out of town in jamaica celebrating moses' engagement. several other pieces of jewelry were also taken but of course the family is most concerned about that medal because it cannot be replaced. the arco arena where the kings play basketball will be renamed in march after a controversial brand of wrist bands. the arena will be renamed power balance pavilion when arco's contract runs out. power balance has faced scrutiny over claims that the wrist bands use your body's natural energy field to enhance strength and ability. it's unclear how much the company will pay per year for the building's naming rights. arco has been paying about

$750,000 a year. we showed you a little snowfall and a minute ago the eastern part of the country getting hit with more snow. this time more pictures live from new york. looks like they have sunshine to start the day but they did get a dusting overnight. snow plows are out in force in various places cleaning up the flakes. we showed you massachusetts area this morning. it's really coming down there a short time ago, but this again is new york. now, the big deal here, of course, is in new york they had such a problem with clearing city streets from the storm before and people are mad because the plows never showed up so now they have got another dusting of snow and have to deal with that. some places getting up to 5 inches of new snow by tonight. this is mostly, say, boston, philadelphia, places like that. i don't know exactly how much they're going to get in new york because, again, they look like they're off to a sunny start for the day. but they have had so much, it's worth keeping an eye on there. >> for us, you can just drive up to tahoe, sierra, maybe enjoy it

there. >> or mcdonald's this morning. it's not that cold when you roll down that window and get your morning mcmuffin. things are looking pretty good right now. if you're headed to tahoe, today is a good day. it's going to be pretty nice. we're not going to see a lot of sunshine so not a lot of snow melt, and it looks like temperatures will be pretty comfortable for skiing. for us today we're starting out nice and mild. high pressure is fully in control of our forecast. we do have a system that's going to impact us as we head through the next couple of days. it's out here in the pacific. what's going to happen, though, it looks like it's going to ride over that system of high pressure as we head through the next day or so. and that's going to leave us with cloudy conditions in the south bay and east bay and maybe some light showers tomorrow in the north bay. but that's pretty unlikely. we'll give it about a 30% chance. 49 grows in hayward right now, we're at 48 degrees in san jose. because we're starting out so mild, temperatures will probably end up in the mid-60s. a pretty comfortable day on tap. 61 in concord, 63 in san jose.

i've been checking for the formation of fog all morning log and it's just not a problem right now. could become a factor as we head through the next couple of hours as the sun comes up and high pressure really starts to gain momentum. here's what you can expect the next few days. we're talking about at whitempes staying in the 60s. 62 degrees by sunday, 64 on tuesday. so seasonably warm for this time of year where we usual low hit around 57. back to you guys. >> hey, what's your sign? if you think you know the answer to that question, you could be in for a shock. at least one astronomer says the earth is in a different spot in relation to the sun than what it was 3,000 years ago when the study of astrology began. so the signs you were born into are not really the same signs. that's because the earth's wobble on its axis causes a one-month bump in the stars' alignment. >> this change in the earth's

tilt that we're seeing, now the earth is really over here in effect and the sun is in a different constellation than it was 3,000 years ago. >> to find out what your new zodiac sign is, all you have to do is go back one month. so a virgo may now be a leo, and aquarius is now a capricorn. i'm a pisces. what does that mean? >> once a fish, always a fish? >> i'm creative. the time now 5:57. a woman thought that she was meeting a date, but then she met thieves who stole her car at gunpoint. we'll have details. some trouble for the homeless man who was shot to stardom last week. find out why police detained him in hollywood. [ male announcer ] it's 2011 and everything is different.

different jobs... ♪ ...different challenges. ♪ different opportunities. ♪ so why would universities stay the same? ♪ university of phoenix, because an educated world is a better world.