new this morning, after more than a dozen robberies of convenience stores and gas stations in the east bay, it looks like a band of masked robbers may be back. i'm christie smith. i'll have details coming up in a live report. and familiar faces show up at the occupy demonstrations in oakland. the berkeley grads free from iran join the protest. here's a live look outside at oakland this morning. this is "today in the bay."

good morning, everyone. i'm scott mcgrew. 4:30. let's start with a tuesday forecast with meteorologist christina loren. >> good morning to you. we have a nice day ahead. temperatures cooler than yesterday. the noon temperatures today are where we're expecting to max out this afternoon. we'll talk about that. a little shower activity in the forecast as well. a lot of construction out there this morning, mike. i know firsthand. >> yeah, and thank you for helping out there. we're looking over here at 880 approaching 280. that's one spot where you do have construction. actually as we zoom out, that intersection. 101 at 880 going through the center of your screen. both directions do have construction going on. probably for another 20 minutes or so. those should start moving shortly. as well as 288 through downtown at 87. we'll track all of this. no major drama. >> thank you much. we are following a developing story out of the east bay this

morning. police searching for masked gunmen who robbed a 7-eleven. there's been a lot of robberies like this in the area. >> yeah, good morning, scott. we may be saying here we go again with this robbery. just last month we were here in the general neighborhood talking about a group of men who wore masks and hoodies and took over convenience stores. it was sunday night at this 7-eleven here in pleasant hill. four men with masks on entered the 7-eleven. it was around 4:00 in the morning. they took over the store with guns. two went behind the counter. the clerk, understandably scared, gave over the cash. police are looking for a possible connection to robberies

over the past week. just last month, men in halloween type masks took over a convenience store in walnut creek and fired at a customer getting gas. i spoke with a worker at the convenience store who told me that these guys took cash, condoms and soda pop. but they left things like a laptop sitting out in plain sight. shortly afterwards we spoke with walnut creek police who told us that varied police departments in the area are working together and have a task force set up. they are sharing information. scott, back to you. >> meanwhile, two u.c. berkeley grads held captive in ooirj join the occupiers in oakland. >> the city is part of me x part of my heart. to see it happening, i can't tell you how incredible it

feels. >> protesters get aggressive to photographers telling them to point the cameras elsewhere. police in san francisco still trying to get the occupiers out of the plaza. protesters are setting up tents and makeshift shelters for days that violates city law. >> we let them know these are the violation for the park code. they're violating them if they continue to stay. >> the protesters say they are communicating with police, but they will not move. age is not a limiting factor. a group of senior citizens plan to join the occupy sf protesters with a protest of their own. dozens will demonstrate near cathedral hill at 4:00 today. they say age should not be a

barrier. the movement is creating a domino effect, motivating a different group, that wants to increase taxes on the rich. the california federation of teachers and coalition of liberal allies will bush a ballot measure to add another tax on millionaires. the group needs to gather enough signatures before the measure can be placed on the ballot. not new in 2004, california voters passed prop 63, a similar tax on the rich. 4:35. learning more about an 18-year-old man found shot to death on a sidewalk. police have not released his name, but the family tells nbc bay area his name is david. a father of a 4-month-old and a recent high school graduate. they responded first to reports of a gunshot. neighbors are shocked the area is so quiet. >> i'm freaked out.

i've never seen anything like that in my life. i grew up in this neighborhood. nothing like that really happens. >> his friends and family set up a memorial on the spot where he was found. investigators are trying to figure out if the man was shot somewhere else and then dumped on chestnut. san jose has seen a dramatic upswing in violence this year. so far police are dealt with 30 homicides. the most since 1997. they will hold a news conference to address the recent series of murders and officer-involved shootings. there have been five killings in the city in the last two weeks. officers shot five suspects in the last month. two of those were fatal. for many years san jose was considered the nation's safest large city. the san francisco board of supervisors takes a final vote on a law.

the current law requires employers to contribute health care funding to uninsured workers. but the employers could take back any unused money in the fund. they voted to amend the law to forbid them from going back until 18 months after the worker left the job. the board will take a final vote tonight. concord could ban smoking in the downtown area. it would ban smoking within a 17-block radius of the plaza in downtown concord. the law allows smoking in private places. they gave approval on the bans last month. san bruno will be in the spotlight in washington again. they meet for a hearing on

pipeline safety. the pipeline safety advocates will all testify on the litany of failures by pg&e that led to the deadly pipeline explosion last year. let's check back in with christina on this tuesday morning. >> good morning, scott mcgrew. we're blowing the fog horn this morning. the fog will be thick. although, right now it's not that bad. if you're leaving, any time over the course of the next couple of hours you should be okay. we are expecting drizzle as well. we are in the 50s in san jose.

of course, the usual suspects are dropping. we see the numbers really drop o off. so this is what we're looking at today. a good amount of cloud cover up the ma rin county coastline and in into santa rosa. about 2:00 p.m. we see the marine layer push back out to see. san francisco, limited sunshine for you today. however, you're starting out nice and warm. temperatures easily stay in the mid-60s. now coming up in my next report, we'll talk about the potential for shower activity, and we're taking a look at the seven-day forecast. >> we'll take you for a dproif. come into my car. the dashboard is not as clean as the animation. so this is a 13-minute drive heading off r over the ark ltamont pass. 680 is moving smoothly.

there is slowing i've seen over at the bottom of your screen. there's construction through that area. also highway 4 in the eastbound direction. still closed. those folks are routed off and then back on at love ridge. ha will clear up at 5:30, scott. just in time for the westbound commute to start the slowing that's showing up on the map as well. >> keeps you employed. apple cofounder steve jobs always offered us one more thing during the product announcement. the company he helped create may have one more thing. more than 300 apple stores will shut down tomorrow morning between 10:00 and 11:00 our time. store employees will watch a web cast of the special celebration. steve jobs died october 5th at his home in palo alto. >> coming up, desperate times with desperate measures. see what more people are doing.

alarms are locked. plus, republicans getting anxious about upcoming presidential elections. some states are scheduling their primaries as well. and a monumental prisoner exchange in the middle east to free an israeli soldier. what they had to do to bring hia this is a live picture of the bay bridge.

welcome back to you as we look at the toll plaza. an elaborate prison swap between israeli and palestinian forces under way. they agreed to release more than 1,000 prisoners. israeli tank crew men was transported to egypt this morning. you can bare lee see him there in a black baseball cap. he's been held by hamas since twik 2006. most of the prisoners released in exchange for the soldiers were accused of violent crimes against israel. republican presidential candidates come together yet again for a debate in las vegas. herman cain, mitt romney, rick perry still holding the top three spots in the polls. they'll be trying to sell their plan for the u.s. economy. nevada has been one of the hardest hit states during the

economic downturn. just a few months left before the republican primaries are held. iowa's gop leadership announced it's moving up the date of caucuses to january 3rd, 2012. iowa is the first to hold presidential nominations. the date change was made in response to new hampshire threatening to move up the primary to december of 2011. the shuffling started when florida's gop decided to move its state primary election to january 31st. that set off a chain reaction by early voting states trying to preserve the leadoff status. don't have an iphone 4s yet? you may have to wait a while. let's turn to brian shactman live at cnbc. good morning. no shock there, right? another apple product, another incredible sales story. but first, i want to get to stock futures. they're lower at this hour after yesterday's selloff. we dropped on disappointing earnings from wells fargo.

comment from german officials about whether or not the debt crisis will be resolved soon. big profits acting up. not as much as wall street wanted. chi china's economy also slowed. we do get inflations out this morning. ben bernanke speaks this afternoon. we have gotten earnings from bank of america, which is a little bit better than expected. goldman sachs had a whopping lost. and now to the apple iphone 4s. if you didn't get it this weekend. you might have to wait. apple sold 4 million phones from friday to sunday. more than double what it sold when the iphone 4 launched last

year. sales are bigger because more wireless carriers are offering. now the 4s is gone in most retailers. if you order online wait anywhere from a week to the end of the month. and barbie may give up the dream car in order to take the train. mattel is in talks to buy the owner of the thomas the tv show. the dole could be worth $8 # 0 million. it also includes other shows such as bob the builder. those thomas the tank engine toys are not cheap. they're expensive. $800 million for for the whole brand. >> brian shactman at cnbc. christina loren joins us. you can -- we'll let you inherit one of the tank engines. >> yeah cause i don't have kids

and i don't plan on having kids. so i have to live vicariously through you and thomas. 64 in san francisco. 60 in oakland. we are looking good throughout the day today. we'll see sunshine for the second half of the day. especially in the east bay. that's where you'll find the most sun today. visibility is pretty good right now. the lowest visibility is by napa at 1 mile. so the future cast shows you, though, that fog is going to roll in. it's going to hang around all day long in places like san francisco. your temperature as a result is going to be just as cool in the heat of the day as it is right now. temperatures today work hout like this. 75 degrees as you make your way home from work. 66 in san francisco. and then i told you about a little shower activity

potentially. i don't think you need to go buy a new umbrella or raincoat. we have a cutoff low. it's not attached to the jet stream. it's the air that carries the low pressure system two and from the united states. the jet stream is will start to push east. that's going to nudge the cut-off low in the bay area. for us that means drizzle is certainly a factor. however, probably not a great day to wear your fanciest -- 80 on friday. a lot of sunshine headed towards this weekend. sew really comfortable for outdoor activities as we head. a couple of cool days to get lu. you won't have any problem with that. >> we've been talking about how violent it is. bay area police department forcing residents to get creative about protecting themselves. one way doesn't involve alarms or security cameras. here's chris sanchez for "today in the bay."

>> reporter: in san jose home particularlies went up in the first part of the year. others are making sure they can cover their losses. >> people don't realize when you start including pots and pans, clothing, sheets for the bed. everything. kids' toys. you would be surprised you have at least 30 plus in a small one-broom apartment. >> the average renter's policy runs $224 a year or $18 a month. only 25% of renters have a policy to cover what's in their home. if off mortgage, you're among the 96% who have a homeowner policy. >> anything not attached to the car is covered under a renter's

policy or homeowner's policy. >> chris sanchez. nbc bay area news. >> the insurance information network of california says talk about bundling your auto and homeowners policy. every parent knows saving for college is a tough job. an online tool making it easier to set the goal. plus, the nba trying to get teams back out on the court. >> 880 past the home of the warriors. we have traffic breaks. we'llt.inou sort thole ing out. it could mean a stop for a couple of seconds. hey, your high speed internet here, at home...

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like he said... ♪ welcome back to you. nba bringing in a federal mediator to resolve the lockout. george cohen is the mediator. he'll receive negotiations between the nba and the player's association. last week david stern canceled the first two weeks of the regular season saying the owners and players were too far apart to reach an agreement. the cost of college going up around the country. they will nid to figure out how

much to save to go to school. it requires students and parents to pass along tax earnings and bank statements. also your grades and s.a.t. scores and gives an estimate for that school. >> now they can sit down and well, let's see. and it's an estimate. the information is only as good as they put in as what comes out. so they have to be careful about what they put in. >> school officials say the calculator will give the families a good first step for paying for college. >> thank you very much. working hard to pay for the tuition of triplets. my goodness. top stories this morning. you mentioned in the top of your newscast. the fatal shooting of a san jose man overnight. today the police plan to hold a news conference to try to

address the men in question. also the mr. magoo bandit has struck again. investigators think he has kids. and seniors trying to join the occupy movement in san francisco today. they plan to call the mayor to support their rights to assemble peacefully. those stories and more coming up at five. >> they used to call me that in school every once in a while. but i haven't heard that nickname in a jillion years. >> we have just broadcast two small. we have a live shot here. you can see all the the lights backing up at the coliseum.

we typically see the activity just before 5:00. we'll track this carefully. you might find slowing or stopping in both directions. also down the east shore freeway, some construction going on there. no closures scheduled. i'll let you know if we see or hear anything like we just saw there. coming up next, check us out on facebook. search nbcay area morning ws ne. ♪

okay, so who ordered the cereal that can help lower cholesterol and who ordered the yummy cereal?

yummy. that's yours. lower cholesterol. lower cholesterol. i'm yummy. lower cholesterol. i got that wrong didn't i? [ male announcer ] want great taste? honey nut cheerios. want whole grain oats that can help lower cholesterol? honey nut cheerios. it's a win win. good? [ crunching, sipping ] be happy. be healthy. can i try yours? new this morning. the led di violence continues in