>> and the bart board of directors may come up with a new policy after it shut off cell phone service at downtown san francisco stations, upsetting free speech advocates. i'm christie smith. i'll have the story coming up in a live report. aup protesters take over a building in santa cruz and run police right off. we'll have details coming up. and a life look outside. shaky camera. high winds out there at the bay bridge. we'll get off the shot. this is "today in the bay". >> very windy out there, as we've been saying. good morning to you. thank you for joining us. >> let's get you right o the commute with mike inouye. >> it's clearer to see the roadway.

over at high street we have a traffic break just clearing up north of the coliseum. a that has i clear the construction crews slowing from 98 up to 66. clearing by the time you get to the top of the bridge itself. another bridge is clear. from time to time i see the camera shaking. the winds will continue to whip across the bay area. good morning to you. don't bother with the leaf blower. the leaves will come back in your face. sustained winds of 24 mirp. really strong winds continue. basically take it easy on the morning commute. watch out for debris on the highway. high profile vehicles over the bridges, like mike pointed out. and we have marla tellez live in sunnyvale this morning. she's out there in the wind.

right now it's not too bad. we're right above 101 in the sunny veil area. they're strong and then they die down. not long ago they were strong enough to knock down a big tree on 101. this is where we are. the 237 interchange. it was blocking traffic for some time now. they got it out of the way. i spoke to the crew on scene cleaning it up. they tell me they were waiting for the right traffic break to completely remove the tree. they did that. they did shut down 101. now traffic in the sunnyvale is back to normal. the winds are keeping pg&e busy.

crews are backed up trying to restore power to everyone. over in livermore the gusts reach 44 miles an hour last night whipping around trees and even some christmas ornaments. if you have any loose items outside your home now is the time to make sure everything is secure. the not, there's that good chance you could lose your christmas ornaments or whatever you may have outside your home. i'm marla tellez. jon? >> marla, thank you very much. for the most up to date weather forecast in your neighborhood including an interactive radar tool, visit nbcbayarea.com and click weather. a former contra costa county youth counselor will go to prison for child molestation. thomas joule pleaded guilty to charges he molested three boys.

he'll serve a 30-year prison sentence. a federal judge could add more time to his prison term in january. he'll be sentenced for these charges in march. police investigating an attempted child abduction. it happened around 7:00 last night near the marin brewing company. a 7-year-old girl was standing with a group of children when a man walked up and grabbed her by the arm. anybody with information can call twin cities police. thousands of people gathered to honor a vallejo officer killed in the line of duty. nearly 3,500 officers attended

the memorial. among them governor jerry brown and the entire vallejo office. it is 5:04 now. a danville marine laid to rest. hundreds turned out to say good-bye to joshua. he was killed in afghanistan a few weeks before his 20th birthday. mourners say he'll be remembered as a real life hero who died doing what he loves and what he believed in. >> it is 5:05. bartd leaders are set to vote on prohibiting blackouts. the move comes after an outcry over the handling of protests. christie smith joins us live with more. >> good morning to you. in four hours the bart board of directors will meet here in okay

land. take a hard look at their criminal policy. this after an incident back in august that upset free speech advocates. it said their rights were trampled on when they shut off cell phone service to four san francisco stations. at the time bart said it acted reasonably to preserve train service in light of a planned protest that they heard of. but the cell phone action seemed to upset another group. that's the free speech advoca s advocates. under the now policy, bart would interrupt service only when there's strong evidence of imminent illegal activity that would basically threaten passengers or workers, and it would be tailored to more extreme actions that could include using a cell phone to detonate explosives or even

taking hostages. the bart board of directors meets at 9:00 this morning here at the kaiser center in okay land. reporting live from oakland, i'm christie smith. back to you. the man who says he was beaten for johannes mehserle is asking for $1 million. he is suing bart saying he was attacked by officers in 2008. his settlement of at least a million dollars will send a message that use of excessive force will not be tolerated. he was unruly and he was afraid carrethers would attack another officer. police are trying to talk to occupy protesters holed up in a vacant building in santa cruz.

they couldn't get in because protesters had barricaded the doors. the sental reports police tried to secure the entrance so no one else could get into the building. they were overwhelmed with protesters outside and had to retreat. they're now trying to talk to the demonstrators inside. good-bye fog. hello wind. christina loren is here to tell us about it. >> basically the entire state of california is just getting hammered with these strong winds right now. especially down in southern california. it's bringing us gusty conditions in the bay area. take a look at the gusts that we clocked. mount hamilton. 92 miles per hour wind gusts. high atop the observatory. mount diablo, 71 miles per hour. even at the valley floor we saw gusts up wards of 40 miles per hour.

as we head throughout the morning, that will continue. sustained winds rather strong as well. up to the north at 23 miles per hour. and it's the strong, sustained winds that wear down on the tree and branches and take them out. i'm expected to see more downed trees and branches. this is what to expect for today. throughout the afternoon it will still be breezy to windy. gusts in excess of 50 miles per hour in elevations above 1,000 feet. throughout tonight winds will still be gusty. they'll fall below advisory criteria. they are going to weaken a touch. when we wake up in the morning we should see light winds in a higher elevation. temperatures as a result of this down sloping trend are going to be warm today. look at the numbers. 70 in concord. 71 in fairfield. 70 in santa rosa. that's the good part of all this. if there's a lot of debris a lot

of things to navigate around. good thing we have our navigator handy. how are we looking out there? >> we're looking all right as far as trees down. highway 4 moves smoothly through ante i don't care. it got the first advisory, but no official one this morning. i'll let you know. hold on tight there. crust might slow you down. 680 through danville and sycamore valley road. the vicinity will have construction crews for the next hour or so. those should clear up over the next 45. we'll get a look as well for the north bay travel times where speeds are moving nicely. watch the gusts of winds, especially over the mountain tops, coming down to the north bay and the san francisco area. a live look will end with this as we get a look at the oakland area. now all construction has cleared and the roadway is moving smoothly, guys. back to you. >> thanks, mike. all right all your golden state warrior fans, time to get your

basketball on. now that the nba has a tentative labor deal in place, players can return to the tale buildings. no word yet on when the warriors first game will be. >> if you're looking for the special someone and having trouble breaking the ice shlgs the ice rink is hosting a speed skating b event. singles get to skate around and mingle with other people. maybe you'll fall into someone's arms. a real life "weeds" is about to take place. the harbor side health care

center -- health center, that is, will be featured in a new series called weed wars. you can catch the first episode tonight at 10:00. harborside calling itself the world's largest retail leader of cannabis. it handles some 800 patients a day and pays $3 million a year in taxes. >> taking in a lot of money. >> it's 5:12 now. why a north bay man decided to sue his local animal shelter. >> plus a judge's ruling on the judge's plan to crack down on the federal pot club. worrpeople. flo is a gentle giant. bundle home and auto at progressive.com.

welcome back, everyone. do not adjust your television sets. it's okay. that's our camera looking at the

bay bridge, moving and blowing in the wind very rapidly. hang tight. christina loren will be along to tell us about the wind gusts. put your seat belts on. it's 5:15. right now flames are already part of a roof of a building has collapsed at 24th and bartlett firefighters have been battling the blaze since 4:30 this morning. we're talking about a lot of wind up there, which could be very tough. san francisco being so compact, we'll keep tabs on that. >> reeking havoc on a lot of things. >> it's the same set up we have when we issue the red flag warnings for high fair danger. the only thing not happening in combination with the strong winds is the high temperatures. today we'll see the 70s.

definitely good, good thing it's not much warmer than that. we could see a red flag warning go up. they continue to dry out from land to sea. it's also going to warm us up. the temperatures will be comfortable. the winds will be relentless. the wind speeds of 24 miles per hour in fairfield. 2 in livermore. san jose is getting hammered with 23 miles per hour sustained winds. locally heavier gusts. 50 miles per hour plus throughout the day. breezy to windy conditions in the interior valley. if you're waking up with us, it's going to be blustery again today. tie down any loose objects. go outside and make sure your barbecue is still up this morning. winds could likely knock any of those things outside down.

throughout the day they'll be plusry. the pressure gradient is really, really tight. the big ridge of high pressure over the great basin and pumping in from land to sea. 63 in concord at 11:00 a.m. we'll round out the day with really comfortable numbers. # 1 in san jose. 64 degrees isn't bad in san francisco. we'll take 67 in oakland. our temperatures are traditionally in the upper 50s by the water. throughout the next couple of days, finally some quiet weather. that will continue through your weekend. we do have showers in the forecast. coming up next week. we'll tell you when. mike, it's bezsy, busy. >> scattered reports throughout the morning. no major slowing expected. 162, still reports of trees and wires down. right here.

101 and 287 all reporting a clear drive. incident free throughout the bay. clear in san jose, santa clara. we're looking at the east bay with an easy 14-minute drive out of the altamont pass where the wind farms are doing a lot of work this morning. a smooth flow of traffic through pleasanton, dublin, and towards the dublin interchange. over ot the toll plaza, we a clear view. a wind advisory for this bridge, the bay bridge as well. however, look at the san mateo bridge. no wind advisories there. the sign off the screen does say high wind. it's not a specific advisory. just trying to warn you about the winds. hold on tight crossing over the water. investors of course. no doubt looking to build on yesterday's huge rally.

got to strike while it's hot. for a look at how futures are trading, we turn to jackie deangeles live at cnbc world headquarter headquarters. >> good morning to you. the rally has been triggered by the surprise analysis by the fed and other central banks of lowering the cost of short-term loans to banks that could have been hit hard by the mounting debt crisis. the markets were impacts by positive u.s. economic data on jobs and manufacturing. we'll get more data like that out this morning as well. the dow jumped 490 points on wednesday to close at 12,045. the nasdaq was higher by 104 closing at 1620. credit cards are making a comeback just in time for the holidays. we saw it falling as budget

conscious consumers switched to debit card and cash. they did rise the quarter for the second straight quarter. and harry potter is taking his skills to southern california. nbc universal plans to add a section devoted to the popular franchise based in l.a. it will be similar to what we've seen in universal, orlando which has two roller coasters and some of the theme's restaurants. nbc could take potter overseas to japan, singapore and spain. >> potter fever is everywhere. another setback for supporters of medical heroin. the judge says medical marijuana dispensaries and patients fail to show to crackdowns are unconstitutional. in september they notified the landlords they most close within 45 days. two of the clubs have already shut down in response to the

flet. a north bay man calls the shelter's kill policy questionable. douglas is asking for a court order to stop the shelter from euthanizing a massive pit bull mix named cash. he tried to adopt cash, but he was denied. while he has not bitten anyone, he is aggressive. in the suit, he says previous occasions dogs were put down when it could have been rehabilitated. the shelter is considered a no kill facility because at least 90% of the animals leave alive. trz it is 5:21. why the mavs window won't open today as usual. plus the man who stole thousands of dollars of equipment from zynga will not go to jail.

welcome back, everyone. as you're dancing in and out of harm's way with the wind. we give you a live look at downtown san jose. that's the hp pavilion. if you like some ice, check out the sharks hosting this evening. it is 5:24. raider nation is certainly stunned by the sudden death of chester mclaughlin. he spent 42 years playing in the nfl. he went to four pro bowls as a raider. for the past couple of years he worked with cardinal as an assistant football coach. the cause of his death has fot been released. a peninsula city wants to protect low-income families by making it more difficult for payday lenders to set up shop.

the city council approved a law to place restrictions on small loan lenders. they have to be a certain distance away from homes and from schools. council members say many lenders get caught up in a cycle of bar rowing. the former zynga worker who stole tens of thousands of dollars worth of equipment will not face jail time. he was caught stealing 30 laptops from zynga headquarters. he will get three years probation, 200 hours of community service. he will have to pay restitution. organizers of the mavericks serve contest say the competition will start a month later than usual. they pushed december 1st start date back to january 1st because of a lack of swells.

ef invited 24 surf champs to this year's event including legend kelly slater. still to come on "today in the bay", the new warning for police after a home invasion ro bry close to the stanford campus. coming up, laying another san jose fallen soldier to rest. the story of sean walsh. and if your neighbor's wind chimes have been driving you crazy, more is on the way today. but we're taking a look at the weekend. it's thursday already. and although the winds are clearing your view for the drive, it might be blowing things onto your roadway. we have our eyes out forth these rereports. i'll let you know what's going oncoming up.

new this morning, the father of a 1-year-old shot in the head

speaks out. the latest on the little boy's recovery is coming up. and one city is doing away with happy meal toys. and a live look outside. got wind? oh, yeah, we do. this camera certainly getting hit hard by it. bay bridge, you can make it out there. sunday, december 1st. this is "today in the bay." yeah, hole down the fort. it is windy out there. good morning to you. thanks so much for joining us. it is close to 5:30. i'm laura garcia-cannon. >> good morning, everyone. i'm jon kelley. the wind is crazy. let's check the commute with mike inouye.

>> let's take you out to a look at the golden gate bridge. a little bit for this camera. a lot for the golden gate bridge. there is a wind advisory here. but it's not such a dramatic shot. that's why the wind advisory is for the rest of the bay bridges as well. definitely going to be an issue with the high wind. >> we had the fog making it difficult for commuters. this morning the wind is making it difficult for vehicles over the bridges. we have less friction over the water. so the wind gusts really pump through. we're always watching for that today. especially going around corners as well. take it easy. and still gusting up to 50 in many spots across the bay. our own marla tellez is out there in the wind this morning. i like that you didn't try to do

your hair today, girl. >> unfortunately, i did do my hair. you don't know it, because i have a hat on. good effort, right? thank you, christina. we're above 101 in sunnyvale along 237. the winds are kicking pretty good for the most part out here this morning. the national weather service says a wind advise vi is in place for most of the bay area. the wind advisory has been canceled for the santa clara valleys and the east bay valley. however, the winds knocked down a desent tree approaching the 237 interchange in sunnyvale. they ran a traffic break and got it out of the way in time for the morning commute. power outages, pg&e has its hand

full. 26,000 customers are in the dark. about 1200 without power in the south bay. and in the 200 range for the peninsula and north bay. they're working hard to restore power to everybody on this windy thursday morning. reporting from sunny veil, i'm marla tellez. jon, laura? >>. >> a bonnie and clyde duo might be targeting the san francisco bay area. they forced their way into a housing complex on tuesday night. they tied up a man inside and stole a number of things. it is 5:32 now. the prayers and well wishes for

the little baby boy in west oakland who was shot continue in oakland. seven people were injured, including a young boy who was shot right in the head. >> we ask y'all to stop the violence. don't kill no kids. i never want nobody to go through this. not even an enemy. we don't need real dwrags. just praying and hoping my son makes it it through. >> doctors waiting on test results to determine the next steps for the baby. police have no suspects in the case. a $35,000 reward is being offered to any information leading to an arrest and conviction in this case.

>> it is 5:33 now. another san jose soldier is being laid to rest this morning. the family will gather at 9:00 this morning. good morning. >> good morning, laura. it seems that we're constantly covering the story of a fallen soldier or marine. the ceremony held at mof fit field as the soldiers flew in the body from the east coast. sean was a national guards man assigned to a unit of the 870 military police company out of the east bay. sean's mother showed reporters some pictures yesterday. sean was 21 years old.

>> always. the fact that he put it up there. it just makes me so proud. he wasn't afraid to show people he loved them. >> a lieutenant told me the department took his death very hard. sean was well liked and enjoyed going on ride alongs with the police officers. so in fact, he was going to be home for christmas. instead, he'll be here this morning in a flag-draped coffin. i'm damien trujillo, "today in the bay." >> the time is 5:35. this one is brand new. san francisco's law banning free toys in fast food kids meals.

the law prohibits toys being sold in males that exhibit 600 calories and lack fruits or vegetables. they va the band is in an effort to battle childhood obesity. already a couple of fast food chains found their way to work around the law. burger king will charge 10 cents for the toys but has not decided what the proceeds will go to. mcdonald's are charge a dime and says that money will go to the ronald mcdonald house charity. >> we've been talking about the wind out there. the ladies will get a lot of that today. mount hamilton, 92 miles per hour wind gusts. that was the strongest. of course, 4200 feet plus.

71 miles per hour in mount diablo. 50 miles per hour in hayward. san jose, 44 miles per hour. very substantial wind gusts. you have to consider how fast you're driving. those winds could take out barbecues. any loose objects in your backyard. make sure they're tied down. we will start to see the winds relax a little bit in the late afternoon and evening hours. make sure to take it easy on the drive. especially with a high-profile vehicle. those tent tend to get knocked over. definitely some of the gusts are strong enough to roll a vehicle. breezy to windy throughout the valleys. very windy in the higher elevations.

concord rounding out the day comfortable bli at 70 degrees. let's find out about the aftermath from last night with mike. >> we're still waiting for more reports of any trees down as more folks hit the roadway, more folks call them into chp. right now no major highways throughout this morgs of the bay area are blocked. look at that coming down to the 20s. our sensor is 27 and slowing a bit through bay point as well. heading over the san mateo hill. likely to hit with a gust or two. i'll just warn you, definitely hold on there as well. we'll get a live look at oakland across the bay. we see 880 moving smoothly now. the volume is picking up a bit.

the camera is holding steady here across from the coliseum. we'll see that shaking in the morning as well. guys, back to you. >> windy out there. it is 5:38. people around the world marking world aids day today. we'll tell you what's happening in the bay area. plus, police now now who is behind the bomb scare at a san jose police office. or post office, that is. we'll tell you why the man in the mask was not arrested. and the man accused of critically injuring a san francisco firefighter is in police custody this morning. give you a live lock outside. you can notice the wind shifting that camera. we'll fill you in on all the windy details. christina loren's weather is coming up. and for the latest news, traffic, weather, m come find us on facebook at nbc bay area.

welcome back, everyone. look how clear it is out there. a live look at the golden gate bridge. it's because of all the fog we've seen blowing out. >> we have just a few weeks to decide if americans will get another payroll tax cut next year. democrats, of course, they want to pay for it by taxing the rich. republicans, of course, they say no way. they've got other plans. tracie potts is live in washington. i guess it's safe to say the size of paychecks everywhere now hangs in the balance. >> absolutely. because everyone who is working got the 2% payroll tax cut. democrats and republicans have different ideas on how to pay for this. when you get a tax break, it's less money, fewer taxes coming into washington. so they have to figure out how to make up for that.

what democrats want to do is implement a 3 pk permanent tax on millionaires. republicans say they will never let that pa pass the senate. they have the votes to block it when it comes up for a vote later this week. instead, republicans say let's extend the pay freeze on federal workers through 2015, cut 200,000 federal jobs and raise medicare premiums on people who make over $750,000. even that would only overtwo-thirds of the tax break. the other third would be added to the deficit. jon? >> lots to think about. tracie potts, thank you very much. herman cain says he will decide in the next few days whether to continue his run for president. the decision may hinge on his wife. the one-time front-runner is expected to meet with his wife gloria tomorrow. he is not seen her since allegations of a 13-year extramarital affair surfaced.

he says all charges are untrue, but they have take an toll on his family. the bay area isn't is only part of the state experiencing high winds. more than 14,000 homes are without electricity. at lax lights went out after debris spilled on the runway. >> we're getting hit hard here. >> they had flight delays the same morning more dense fog. light winds are one of the main ingredients for dense fog development. so i've never seen it in all my ten years of being a

meteorologist. very, very impressive. as we take you through the morning forecast it will continue to be blustery. it's not this windy at the surface. let's get to the map this is morning. at the surface it's still gusty. sustained winds strong all morning long. a big ridge of high pressure is bringing blustery conditions to the entire state of california will finally move off to the east. so our temperatures will be a little bit on the mild side. this downsloping drying effect warms us up. temperatures today are expected in the 70s. so mainly in the inland cities.

i'm forecasting 67 for oakland today. you talked about the 80 miles per hour wind gust in los angeles. take a look at our top peak wind speeds. 71 miles per hour, high atop mount diablo. if you're headed into southern california over the grapevine, you really need to take it easy out there. travel slowly and watch out for debris on the highway. the advisories should expire on time. and our temperatures will be warm vul. it's a windchill factor out there. grab a jacket and drez in layers 66 degrees if fairfield. tomorrow we drop off just a little bit. but nice, calm weather will be back in the mix, friday, saturday, sunday, we can start to get quieter and comfortable daytime highs in the upper #s and low 60s. let's check the drive and see what's happening with mike.

tree down. blocking 152. that's east of mount madonna. that's the concern. use highway 29 as an alternate. that's pretty far south for most of the commuters. out of the altamon pass. looking at a 16-minute drive. slowing into livermore but clearing by the time you get to pleasanton. that's the golden gate bridge. there's a high wind advisory for this bridge as well as the rest of your bay area bridges. hold on tight and lower the speeds just a tad.

a san francisco firefighter is in critical condition. police have a tape of him running him down. they say he is 22-year-old eduardo escovil. he argued with albert bartal at a restaurant and then ran him down at a gas station. police are now looking for his car. the san francisco examiner says that man choked a dog at the camp on wednesday afternoon. that set people off. animal control is trying to determine how bad the injuries are before they decide whether or not to charge the man with felon animal abuse. across the bay area and

around the world, communities are commemorating world aids day. 30 years ago the first case of aids was recorded. also in san francisco, the annual paint the castro red. it's set for 6:30 tonight. free hiv testing will be offered from 5:00 to 8:00 p.m. ch a sfral judge is denying a request to temporarily stop maintenance at the gulf course in pacifica. lawn mowing endangers the red legged frog and the san francisco gardener snake. the judge says the group did not prove work at the course would cause irreparable harm to those

animals. the 2013 america's yacht club race in san francisco is less than two years away. they still need to certify the reports. several community group have already spoken out against the planned projects for america's cup kras. they will appeal to the board of supervisors for the report is certified. an update to a bomb scare. we now know who was behind the scare. san jose's largest post office was evacuated after someone called police saying he saw a man wearing a gas mask and body armor run up to a post office mailbox, stuff in a package and run away. the bomb squad had to destroy the package. the man turned himself into police yesterday. he didn't mean to scare anyone, he says. he says he's a dedicated jogger

and was wearing a cardio mask that stimulates high altitude training. the so-called body armor was just a weighted vest. when his friends called him to tell him what a mess he caused he laughed. >> part of me is like, is this really serious? when my friends said, hello, post 9/11. the craziness that comes with that. >> police told him not to do it again. he won't. >> i hope he had his package insured. >> i know. some bay area kids hoping to help make the holidays a little bit brighter. how yo can help coming up. >> he's not fit to go home to venezuela.

welcome back, everyone. despite fears of player's safety, they won't stop pablo sand sandovol from going home. he says he takes precaution each and every time we go home. worries stemg from the kidnapping of washington nationals catcher ramos. ramos was abducted outside his home in venezuela. he fortunately was rescued two days later. he didn't know kidnapping is common in venezuela as the economic conditions get worse there. social gaming pioneer zyn zbrks a expected to seek $10 billion in the ipo.

they're behind addictive games like farmville and mafia wars. 230 million people play zynga games each and every month, providing the company with rings of online data and activity. filings say the company collects enough data from users fill the hard drives of 45 laptops every day. it's 5:55. the holidays are supposed to be the happiest time of the year. for hundreds of foster children it can be a painful reminder of what doi don't have. alternative family services in san francisco helped 500 foster kids every year. counselors there say this is the most difficult time of the year for kids. >> everybody has their new toy, new shirt, sweat e pants, shirt. some of our foster children are embarrassed to say they're in foster care and to not be able to receive something like all

the or children. it really impacts their self esteem. >> directors say they're trying to make sure every child has a christmas gift. the goal is 3,000 gifts and $10,000. art lovers getting a closer look at the planned museum. they were inspired by the landscape in the surrounding bay. the 20,000 foot expansion will have ripples carved into the concrete exterior. the expansion will be built behind the museum and it is set to be completed in 2016. the grammy nominees revealed during an hour long kons irt

last night. la lady gaga. la cool j hosted the event. the foo fighters, bruno mars and adela all received six nominations a piece. >> a lot of hot talent. bart is ready to take a look at a controversial plan to kvr when it can and can't cut cell services. plus the man who says bart officers used excessive force against him is now naming his price. we'll have details next. and if today is your day to rake the leaves, forget about it. we have your full forecast. and that windy weather will make your view better. but the roads might be a little

bit worse. i'll let y kouwo what's cginom as you go into the south bay coming up. the droid razr by motorola.

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