the petition tries to recall oakland mayor quan gets the go ahead. but the mayor says she's focused on the business at hand. i'm christie smith. i'll have the story in a live report. new details emerge in the case of a san jose cheer coach accused of sexual abuse. what we're learning about the victims. and the myth busters make a personal visit to a building busted up by a cannon ball. where is everyone? it's a little early.

4:30. but it is thursday, december 8th. this is "today in the bay." >> good morning, everyone. it is 4:31. i'm jon kelley. >> and i'm laura garcia-cannon. a lot to get to this morning. let's check the forecast with christina loren. >> it's cold this morning. the good news is we have a little bit more fog. a little bit more of a marine layer to keep things mild. 45 in san francisco. still in the 20s in napa. 29 in gilroy. 38 in san jose. setting up to have a really nice comfortable afternoon. i'll take you through the forecast. first, mike inouye, we have an area to slow people down on the peninsula. >> it will stop folks as far as the freeway is concerned. 101 northbound. just north through palo alto. we have the closure.

overnight roadwork going on. just north of there we have an acciden accident. >> well, the effort to recall okay land major quan is officially under way this morning. >> supports got the green light to gather signatures to put on the ballot. >> good morning to you. on the surface of things it looks like we really turned a corner in downtown oakland. the occupy tents are up. there are holiday lights up. it looks like business as usual in okay land. but the petitioned drive has the go ahead to move forward. they'll have until may 14th to collect 20,000 signatures of registered voters.

as early as next week we could see people trying to gather the signatures. supporters say quan just hasn't done enough. but mayor quan also released a statement saying the times have been tough with the encampment and the recession. but she says she's focusing on what needs to be done. she says the last thing we need is a divisive and expensive recall election in oex. i'm christie smith. jon and laura,back to you. >> it's been a rough year for mayor quan. >> we are learning more about the charges against a high school cheer coach arrested over the weekend. anthony loza had sex with a 14-year-old boy on more than one occasion. they admitted to sexual contact

with police. police say the victim's mother learned of the abuse when she read her son's text messages. >> 14-year-olds cannot consent. we have laws to protect children because they are too young. they don't have the experience. they're not at a position in their lives where they can make informed decisions about whether or not to engage in these relationships. >> he was the cheerleading coach in san jose. the school fired him tuesday after he was arrested. he will enter a plea next month. 4:4 now. the family of an oakland toddler shot in the head, urging doctors to delay tests that could declare him brain dead. she is worried doctors will then take their son off life support. he's currently in an induced coma after being shot along with six adults at a west oakland liquor store last pont.

police detained several suspects. at this point no arrests have been made. a 19-year-old college football player from richmond died of an apparent heart attack. the school says he suffered the twal playing pick-up basketball at a campus rec center. he is a graduate. supporters will rally in front of a san francisco courthouse where a hearing on proposition 8 will be held. the federal appeals court is set to hear two major motions. they blocked the court to throw out the ruling that struck down the because he didn't disclose that he was gay. they will also hear arguments on if video recordings should be made public. the lucky grocery store chain card giving plot is worse than investigators originally thought.

more than 500 customers have contacted the grocery chain saying their accounts had been hacked. this after an advisory that the company issued on monday recommending customers close their bank accounts if they use self checkout lanes at various stores. just last month the grocery train revealed the credit card readers that stores were tamperred with. lucky is now working with customers and the banks. a total of 24 stores were affected across the bay area. for a list go to our website at nbcbayarea.com. >> officials trying to figure out what provoked a riot inside the prison yesterday. it happened in that prison near sacramento. about 50 inmates were involved in this. some inmates were stabbed. others were shot by guards. some employees suffered minor injuries trying to stop the riot. ten prisoners in all were taken

to nearby hospitals. >> it is 4:36 now. it won't happen again. after an apparent experiment for the tv show went horribly wrong. >> this is the worst thing we can imagine happening. i have kids of my own. af house of my own. i can't imagine how angry i would be. >> adam savage and jamie visited where a cannon ball from a test cannon smashed through their house, bounced off another and landed in a mini van. they were trying to test if it could breech a castle wall and despite several safety barricades sent the ball into the neighborhoods. they weren't in a good mood to joke. they said they'll make sure the homes get fixed and something like this doesn't happen again. >> still mind blowing nobody got injured.

at this point we're looking for frost busters. >> who are you going to call? >> we're looking good this morning. in terms of temperatures, cold. we're going to see a nice day. something that is suffering because of the dome of high pressure that hasn't budge ld. our air quality. unfortunately it's another spare the air day. and yet the unhealthy air quality was confined to the north bay. this morning just about everywhere unhealthy air quality levels. that's going to be case all day long. south bay you're getting a little bit of a break. right now you get the best air quality of the morning. we tend to suffer more so. if you want to get outdoors, it's cold. bundle up. 33 right now in livermore. you're at 29 in gilroy. high pressure is still in control of our weather pattern. as we head through the next 48 hours this area of high pressure is going to drift a little bit off to the east. but overall we're looking pretty good for the next couple of day

days. >> 101 is still closed in the northbound direction. we also have a detour there by cal tran. i say disabled vehicle because there are no injuries. and it doesn't sound like damage to the car. northbound is only interrupted by the construction. it should be cleared in the next 20 minutes. in south bay, the speed sensors are looking good. it's clearing hopefully by 6:00. but we'll track that. we're looking at a smooth drive just north of high street. thaw has at least three lanes blocked for the time being. there will be slowing.

>> efforts to bring bart to the south bay will come one step closer to reality. the transportation board is expected to approve a $772 million contract today. that will extent bart from fremont to san jose neighborhood. the contract is about $70 million less than previous cost estimates. if all goes well, trains would start running in 2017, a year ahead of schedule. efforts to bring in bart are still years away. christmas is coming early this year for some foster kids in san francisco. how the generosity puts a smile on the face of hundreds of children. plus, congress has not decided whether or not to extent a payroll tax cut. it could mean a $1 nourkz difference in your wallet. >> and is jerry sandusky behind? nee w charges he faces in the growing sex abuse scandal next. hey, your high speed internet here, at home...

...and on the go... ...with some really big news. it's b-i-g -- big. high speed internet from at&t at home... ...includes wi-fi access on the go. woo-hoo! [ together ] it's an unbelievable deal. well, gotta go. but wait -- there's more... [ female announcer ] go to the website below today and get high speed internet for the unbelievably low price of just 14.95 a month for 12 months with a one-year price guarantee. it's all the speed you need at a great price. you can chill online at a park. here, pidgie, pidgie. [ pigeon coos ] and surf the web at your favorite bookstore. our internet at home includes access to the entire national at&t wi-fi hot spot network on the go. [ female announcer ] go to the website below and get high speed internet for just 14.95 a month for 12 months with a one-year price guarantee. that's all the speed you need at a great price. it's an unbelievable deal. so why wait?

act now, act now! like he said... ♪ welcome back, everyone. good thursday morning to you. live from the south bay. a all quiet by the hp pavilion. >> penn state football coach jerry sandusky behind bars again this morning. he was reaarrested on on charges of sex abuse. that brings the total number of alleged victims now to ten. sandusky was taken to jail.

his attorney is expected to post a kwear million bail today. low makers take a look at airport screening procedures today. the homeland security meeting will hold a hearing to review passenger screening technology at u.s. airports. privacy advocates concerned the scanners in use can be evasive. the administrator of the tsa will be testifying in that hearing. and congress is running out of time to extend the payroll tax cut that expires the end of the year. you could end up paying thousands of dollars more in taxes just next year. in an odd twist, republicans are trying to tie the tax cut to building a pipeline a move they say will create thousands of jobs. but president obama says he just wants the tax cut and nobody will go home for christmas until they get it done.

>> we're staying in washington until we get the job done. our holiday gift to american families will not be a tax increase. >> and we are now expecting a vote on the republican version's extension on monday. >> meantime, all eyes are on europe as leaders meet to find a solution to the financial crisis likely to affect the mood on wall street today. for more on that and news before the bell, let's turn to brian shactman live at cnbc world headquarters. good morning, brian. >> good morning. futures slightly higher after stocks ended to the up side. they begin the two-day summit to solve the region's debt crisis. the shares are higher. the dough was up 46 points. the nasdaq slipped to 26 eped -s

before the house agriculture committee, but we already have some statements in his preprepared remarks from the new jersey former governor and goldman sachs. he will try to answer questions and not plead the fifth. we'll get that for you in maybe 90 minutes very interesting story we are following. also approving a four-year contract extension. it covers 28,000 workers in three states. the chicago-based company pledged to build a new 737 model. they will urge the government t drop a complaint over boeing production to a nonunion plant in south carolina. that's it from cnbc hq, back to you. >> thank you very much, brian. time to check back in with meteorologist christina loren. it's cold out there.

and a spare the air day, correct? >> yeah, spare the air. it is illegal to burn that firewood this morning. tomorrow we get better air quality. onshore flow picks up just a touch. that big ridge of high pressure really hasn't budged that much. that will keep temperatures a little more on the mild side. they are already two to three degrees warmer. but something that you don't typically see. oakland at 3 degrees right now. very cold conditions in the city of oakland. 38 in san jose. it's colder than some of your inland cities. as we head throughout the day the dome starts to drift just a touch to the east and that will allow for more onshore flow. so really mild. that's where we see the impacts of the mild overnight lows right by the coast. hazy conditions continue for

today. we'll be in the moderate range when it comes to air quality tomorrow. but we'll have a lot for unhealthy air quality with a little bit more of an onshore flow. 61 degrees is the forecast high in gilroy. upper 50s in some east bay cities where it's really, really cold this morning. 58 in livermore today. 59 in san francisco. and venecia, you'll hit 59 degrees. we don't have a lot of change on the way. a cold start. more fog progressively each day throughout the weekend. but overall comfortable afternoon. we continue on our stride of fair weather. a little bit of rainfall possiblily. overall more clouds and a little bit cooler conditions as we kick off your wednesday. back to you, jon and laura. >> sounds good. thank you very much. >> this one is definitely a christmas witch come true thanks

to this donations they've been able to purchase about 1,000 gifts for the 50 foster kids the organization served. every child got to take a gift home. >> i got a soccer ball and a game and legos. >> it's showing that the commune care cares. >> they still need help. they hope to buy 1,000 more gifts for the children before christmas. you saw how excited they were. >> it's a beautiful thing. truly the holiday spirit. it's 4:49. a strange case in san francisco where a woman's cat and dog die

within hours of each other. how she thinks this happened. >> plus, they could soon become a requirement. >> and westbound 580. your commute direction is not much of a commute right now. it's 4:50. we give you a look at roadway construction and what i spy at the bay bridge coming up. ok, trevor

where's the big dipper? over there! trevor is a space wiz and he's battling a brain tumor. he came to st. jude children's research hospital where our pioneering research helps save kids, with brain tumors across america. how many stars are there? oh, that's easy... one... two... three... get outta here. give thanks for the healthy kids in your life and give to those who are not. go to st. jude.org or shop wherever you see our magnifying glass. 5,000,001... 5,000,002...

welcome back, everyone, because we like to give justice where justice is due. that's where the magic happens in our control room. a big thank you from those of us in front of the cameras. thank you for those of you behind the cameras. >> you need to scan that shot all day long. 4:53 right now. a san francisco woman says her pet puppy and cat were poisoned in her own backyard. the owner lived with her pets on 15th avenue. debbie is mourning the sudden death of that 11-month-old puppy dakota and the 1 and a half-year-old cat neighbored cowboy after the drug methadone was found in both animals. police say the cat became sick in the afternoon. the puppy also became vinylly ill a short time later. after the owner rushed her pet

to the vet. she says the family does not keep methadone or anything close to it in the house. >> strange and scary story there. alameda county could fine you up to $1,000 for dumping news scraps into the trash. tonight the waste management authority discussing a plan to make recycling mandatory. the plan could keep 700,000 tons of recyclables from ending up in landfills. some cities worry the plant could cost them money that they just don't have to spend. >> voters in richmond could be casting their votes next year on a law that will make them pay p more for soda. they gave the nod to draft a ballot measure for 2012 that would impose a tax on soda and other sugary drinks sold in the city. a recent county health report found 42% of richmond's children are expected to be obese as adults. the giants may have some offseason moves in the works,

but they will not include two key players. general manager says the team's payroll pretty much maxed out for next season. that means fan favorite cody ross and carlos beltran will not be back. ross and the giants with not on the same page. and beltran was simply a long sho shot. >> let's see thousand traffic is looking early this morning. here is mike. >> those road crews are continuing to improve the roadways. northbound 60. you see a little slowing heading off the dublin interchange. construction crews may block a lane or two. the southbound side from stone valley down, you will find a spot or two and a few off ramps that should be clearing over that area and no slowing southbound either. we'll get a live look outside to

see how things are shaping up. earlier i saw some flashing lights. they have cleared from the roadway. and no incidents across the span. we see a clear view and a clear drive down the freeway. just 18 minutes down to this really not spiice spot. >> the i wish i could but i'm stick here. the holiday season got a boost at the state capitol last night. >> a 6-year-old girl flipped the switch on the capitol christmas tree. this year's tree is a beautiful thing. over 900 hand crafted ornaments made by adults and children with developmental disabilities. governor jerry brown and first lady were on hand for the fes tifts as well as the mayor of san francisco. i like that. still ahead on "today in the

bay", occupy sf is out of justin herman plaza after a peaceful end to the standoff. why protesters back off their effort to retake the plaza. plus palo alto residents are bristling over a plan to increase cell phone service in the city. what they say they're not happy about. and for the news, weather, traffic and so much more, we have all kinds of updates. check us out on facebook.

a petition drive to recall oakland mayor quan gets the green light to go ahead. the mayor says she's focused on the business at hand. plus, occupy protesters pitch new tents in san francisco late last night. we'll show you what police did.