they say they are unfairly losing business to the food trucks and truls do need to be established. >> some of the illegally operating food trucks are not held to the same standard that we are. so a restaurant is paying taxes and paying minimum wage. >> we are paying taxes also. we have a lot of experiences like restaurants do. it's just a different business model. >> a new proposal would create a pilot program. it would also create food pods.

that's a space away from restaurants where food trucks can do business. it's 4:37. lucky supermarkets are letting customers avoid the checkout lines if they use self checkouts. the the credit and the dentd ca debit card readers were tamperred with. more than 80 customers say money has been taken out of the account. the store has since replaced the equipment. but now they recommend customers who use their credit or debit card, just cancel the accounts and open a new one. ed. >> sounds like a wise thing to do. it is 4:38. very crisp. >> i bundled up this morning. want to check in with meteorologist christina loren now. >> we lost a lot of the wind that was keeping temperatures

mild yesterday. we are in the 20s in fairfield and gilroy. 32 in novato. 44 in oakland. where we typically see temperatures in the 50s. take a look at the records we are forecasting. san jose will hit the freezing mark. 32. that will be a tie with a record set all the way back in 1908 for oakland. i'm forecasting 37 degrees, a record there. downtown san francisco tying a record at 40 degrees. and santa rosa, i think you're going to hit 25 degrees before all is said and done. talking about the winds relaxing, take a look at the difference. 22 degrees cooler in fairfield. you notice that when you walk tout the front door. 16 degrees cooler in napa. 14 degrees cooler in novato. as owe break for lunch, temperatures will be struggling to climb to the upper 40s in some cities. but we're all headed to the 60s.

i have your forecast coming up. >> we'll take you out to the peninsula. we have 101, which was fully closed overnight. the southbound side as reopened. the northbound side, construction crews are still there. 880 has construction on the northbound side. we have three lanes closed the that could cause quite a bit of slowing. light traffic keeps the sensors moving. 880, this just stopped moving. now it's back up. construction cleared t a high street. more construction between fruitvale. the golden gate bridge, this is clear now because of the light volume of traffic. the freeze and frost warnings for if north bay. back to you. >> mike, thank you very much.

an american success story and a power house here in the silicon valley has died. patricia dunn worked her way through school, started as a secretary and worked her way up to become chairwoman of hewlett-packard. she died sunday after a long battle with ovarian cancer. her career was tarnished back in 2006 after the hp scandal in which investigators snooped into private records of board members and employees. before dunn resigned in 2006, she faced felon charges and her third cancer diagnosis since 2002. she had already beaten breast cancer and melonoma. patricia dunn was only 58 years old. another computer giant fwous out of the tablet market. why dell is pulling tablets off the shelves for goods. plus, snail mail about to get slower. the postal service proposes

major cuts in order to save money. and the capitol christmas tree comes to life in shgton tonight. hey, your high speed internet here, at home...

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the cash-strapped u.s. postal service is considering closing up to half the mail processing centers around the country. that's right. half of them. in an attempt to become leaner and more efficient. that includes shutting down two processing centers. on the list, the north bay processing and contribution cent center. the proposal would slow down first-class mail and make overnight delivery nearly impossible. but the move could save the postal service up to $3 billion by 2015. meantime, a bankruptcy filing isn't grounding american airlines plans to upgrade the planes. the l.a. times reporting airline executives chose a high end interior for ten new boeing jets. it includes mood lighting, a stocked bar and entertainment

system. the new jets wh expected to be more fuel efficient than the current md-80s. the participant company filed for bankruptcy just last week. 4:45 right now. the wall street roller coaster pointed up again. but will it last, brian shactman has the latest on the markets from cnbc headquarters. good morning. >> good morning, guys. stock futures are slightly higher this morning. again, i mean, you can rerack what we said a lot in the last couple of weeks and months. it's about europe. u.s. markets cut their gains in half after reports surfaced they may downgrade the credit ratings of the seven member nations. including france and germany. s&p 500 says leaders have to deliver a convincing agreement to resolve the debt crisis at a summit on friday. asian markets fell overnight. europe is slightly to the downside at this hour. and because we don't have major

economic data in the u.s., it's all about europe. the dow closed up 78. the nasdaq was up 28 to 2655. dell is streaking out of the tablet market. the company is killing the android based tablet after dropping the five-inch version in august. the only competition is the kindle fire, although amazon is not making any money off the product itself because it's basically selling it at cost. starbucks is planning to open stores with wine and beer in places like chicago, illinois, next year. they offer higher quality small plate options and alcohol in addition to coffee and tea. starbucks operates five of the stores in seattle and one in

portland, oregon. i guess we'll see if it works if you want to grab a nice chardonney. >> cured meat doesn't sound great. >> yeah, you're right. >> with you there. thanks so much, brian. air quality officials instituting a no burn status today. the forecast for the next several days, of course, christina telling us calling for stagnant weather that could trap the smoke near the ground. it could be be easy to inhale and turn out healthy. >> we have one of the coldest mornings we've had in quite some time. we're on par to set temperature

records. some haven't been broken since 1908. so we are talking very cold for this early in the season. we want to let you know before it catches you off guard. taking a live look from san bruno. a beautiful picturesque view of the bay bridge. you can see for miles. a nice, clear start out there. and temperatures this morning are running cold. make sure to grab a jacket. something that can keep you warm. winds are calm. that's the biggest difference between yesterday and today. that's why we're so much colder. when you have the wind it tends to mix the air up. cool, dense air is settling in across the bay area. we have two additional hours of cooling before we hit the lows. . i'm forecasting 25 degrees in santa rosa. we have a lot more cool air settling in through the last few hours. so we could be talking temperature records. we'll let you know if we do

break a record in your city. that freeze warning st in place until 9:00 a.m. ch doesn't look as cold tonight. onshore flow resumes. more fog in the forecast will make things more mild for us. weevil take you through the forecast all morning long. right now i'm going to send it back to you, jon and laura. >> thanks so much, christina. a piece of california is on display in the nation's cap top and later on tonight it all comes to life. the christmas tree will be lit in a special ceremony. the u.s. army band will play. the 65-foot sierra white fern will be decked out with more than 3,000 ornaments and 10,000 sparkling l.e.d. lights. house speaker john boehner will flip the switch with the help of a second grader in california.

>> we will leave it alone. now the team's new billion dollar stadium in the santa clara council ready to take a vote on the plans. and highway 24 moves smoothly. there's the sign in through the tunnel and over to oakland. e teave debris0.or yb tmamore680. maybe mo tnathathre. i'll sort it out and let you know what i find coming up.

good tuesday morning to you. taking a live look outside. 880 in the east bay. certainly cold across the bay area. bundle up before you head out the door 4:53 right now. >> the plans for the new 49ers stadium in santa clara appear to be moving toward the end zone. they will meet twice to discuss the progress before the city votes next week. bank of america and other financial institutions are the largest given to a public agency for construction in the entire history of the nfl. the funding will allow construction to begin as soon as next year with the first games in 2014 or 2015.

one of the most legendary athletes in the country is having a legal issue with his mansion. jerry rice has filed a lawsuit against the buyer who backed out of buying it. the hall of fame wide receiver and former nbds bay area sports host is suing so he can keep the $330,000 deposit after buyers pulled out of a dealing his estate. they are asking for a cool $11 million. it looks like soon it will up for grabs again, jon. >> maybe could have thrown in an autographed football, some dance lessons. jerry rice daoes it all. it's time to check in with mike inouye to talk about your commute. >> we'll take you to the oo east bay. 680 southbound out of sunol to fremont. right out of washington. reports of debris. that was changed to reports of a stall on the onramp itself in

washington. the offramp is open. now the incident has just cleared. so it looks like nothing is going on now. well, there was noing going on there. nothing to clear. but easy drive between the peninsula and 880. >> well, most of us have probably decorated our homes for the holiday season. if you're like u us we're still working on it. have you thought of decorating your pet? >> no, duh a dog salon in north carolina says why not? they offer dog dying for those who want to get their pooches in the holiday spirit. i saw people doing it for halloween. don't get it. the festive red full body treatment or perhaps a more conservative christmas tree stencil. really? the salon has done dog decorations for easter and other

occasions. it's all done with pet friendly projects, but i'm sure without pet approval. >> look at that dog. >> cats as well. >> that dog is saying, what did i do to deserve this? i'm faithful. i love my owner. i clean up after myself. he paints me like a tasmanian devil. >> a school at berkley is taking issue with the occupy movement. not because of their message but out of concern for students. >> did they really paint the dogs? and a controversial proposal in san francisco will give businesses a tax break for hiring ex-felons.

what uc davis is doing in