new this morning, not separating your trash from your newspapers and aluminum cans could soon cost you in alameda county. i'll tell you about a new plan being considered. pg&e admitting it is responsible for the san bruno explosion, but why now? what prosecutors speculate is behind this move. >> plus officials in the hot seat in sacramento today talking about police tactics at occupy protests on college campuses. find out who else will be speaking. we give you a live look outside this morning. that is oakland, people rolling down 880. it is wednesday, december 14th.

this is "today in the bay." good morning everyone. the time now is 4:31. i'm jon kelley. >> i'm laura garcia-cannon. lots to get to. let's check the forecast with meteorologist christina loren. >> good morning. we're looking good this morning. cold out there, about as cold as we were yesterday. baugh really nice afternoon. then the clouds roll in ahead of rain showers in the forecast for tomorrow morning. you want to enjoy today if you want to get outside in particular. 45 in san francisco. 29 in santa rosa and 40 in san jose where mike is already following an early morning accident. >> good morning, christina. the good news is no injuries are reported. the unpleasant news is there's a traffic break that will go on over the next few minutes. they'll clear the cars from the roadway northbound 87 as you approach the interchange with 101 and the area around the airport. traffic is very light, no major

slowing. we'll let you know if it lasts more than just a couple, guys. back to you. are your newspapers, soda cans and food scraps in the garbage or are they in the recycle bins and compost bins. >> if they're in the garbage, it may soon cost you. christie smith in oakland with a mandatory recycling plan being considered there. good morning. >> reporter: good morning, laura. this may end up one of the things you have to get used to, like not throwing old used batteries in your kitchen trash. what's being considered is a new plan that would basically fine you if you didn't separate out things like aluminum cantion and newspapers and put them in the appropriate recycling bin and instead just threw them in the ordinary trash. we're talking about fines up to $1,000. the alameda county waste management authority will be considering this later today. this wouldn't really change the amount of waste generated, but

it could divert about 700,000 tons of yard clippings, aluminum cans, bottles and newspapers from ending up in local landfills. the goal they say is to divert about 90% of the recyclables. right now the number is close to 69% being diverted. this would start next july with businesses and apartments first. a lot of cities, though, in alameda county aren't really wild about this idea, saying it would mean more trucks on the roads and more routes to cover the recycling. they're worried about the possibility of higher fees being passed on to customers. the waste management board will consider all this at a meeting at 2:00 today at their offices on webster street in downtown oakland. live in oakland, christie smith, jon and laura, back to you. >> thank you very much, christie. laura, more than a year after the deadly san bruno explosion, pg&e admitting it is liable for the disaster,

defending itself against dozens of civil lawsuits relating to the blast. the company preparing for a hearing on friday with attorneys for the victims. >> the judge presiding over the cases, and again in the hopes that this will make the proceedings move more quickly and more efficiently. >> in fact, what they're trying to do is escape responsibility. >> one of the lawyers for the victims says pg&e's position is nothing more than a legal strategy. he plans on arguing pg&e safety record should be presented in court. they're set to go to trial sometime coming up in july. the san bruno pipeline disaster, just one of several accidents that prompted legislation which won final approval in the u.s. senate yesterday. the bill doubles the maximum fine for pipeline safety violations and adds penalties for obstructing safety investigations. it also requires new pipelines to have automatic shutoff valves, critics, however, say

the bill doesn't go far enough, pointing out it's the company's old pipeline that are the most dangerous and in the most need of emergency shut-off valves. the bill now goes to the white house for the president's signature. the use of pepper spray against nonviolent protesters will be the subject of a state senate hearing, in response to the incidentality uc davis and uc berkeley. police used pepper spray. protesters claim they used excessive force in trying to keep occupiers from setting up tents. mark yudof and linda ka tie will be among the officials testifying today at the hearing. student representatives are also expected to speak. governor jerry brown is pulling the trigger on the massive budget cuts. he was hoping an improved economy would prevent. he made the decision final on tuesday after his finance office predicted revenue would fall more than $2 billion short. the cuts include nearly $310 million to public education.

also on the chopping block, $200 million in programs that help the elderly and disabled, $258 million in bus subsidies and cuts to child care programs, libraries and prisons. most of the cuts take effect starting in january. it is 4:36 right now. the end zone, i guess you could say, is within reach for the san francisco 49ers driving right towards the new stadium in santa clara. last night the city council unanimously approved a financial plan to build a stadium right next to great american theme park. goldman sachs, bank of america and u.s. bank agreed to a $158 million loan to the city which would cover most of the $1 billion project. the city plans to use revenue to pay off the loan. san francisco officials are still hopeful the team doesn't leave. >> you never know. things can happen. even if you're behind in the fourth quarter by two touchdowns, we've seen what tebow has done. it can happen.

things happen. fumbles happen and interceptions happen. >> the whole world is talking tim tebow. we want to point out once again this is still not a done deal. the plan requiring the nfl to pitch in more than $150 million to cover the rest of the construction expenses. it is 4:37 right now. three suspects in the black friday shooting outside a walmart in san leandro could enter pleas today. da twan watson, claire ron foreman and tony phillips all scheduled to appear in an alameda courtroom. watson and foreman were arraigned yesterday on charges of attempted murder in the shooting that happened early on black friday. watson is accused of shooting chris maria after getting into a fight. a serial burglar is going after lottery scratchers. investigators say they're going to come back to bite them. this is kelsey fam, accused of stealing scratchers from ten liquor stores and mini marts in san jose.

the latest one at a monterey mini mart on december 2nd. on surveillance video, he threw a brick through the glass front door stealing the scratchers. but officials say his steeling days may be coming to an end. >> he thinks it's easy money. he doesn't realize lies the lottery's ability to track scratchers. they all have serial numbers on the back. >> fam is 5'10", 170 pounds. investigators say he has crooked front teeth, tattoos down both arms and a one-inch scar on his right cheek. 4:38 right now. happy to have you back. during the days you were gone, we actually had some frost outside, thick stuff. >> you needed me to warm things up. >> christina will tell us what it's going to look like. >> pour us a cup of laura garcia-cannon. 29 degrees this morning in santa rosa. another frost stay start.

you will notice less frost on your windshield than what we say yesterday. a lot of the moisture from the rain showers was able to evaporate yesterday. we are expecting frosty conditions especially in the agricultural area where we apply more moisture. we have fog developing out there. clear skies making way to a cold morning as we head throughout the day today an area of low pressure is right up against the california coastline, bringing about mostly cloudy conditions by late to nye. tomorrow morning, we're 24 hours away from our rain showers. a quick system that will move in quickly. 59 for today in redwood city, 59 in oakland, about the same as yesterday, just more clouds. let's set this thing into motion for you. stop the clock at 3:00 a.m. tomorrow morning. you can see the north bay getting some rain at that time. showers will continue to push to the south. by 9:00 a.m., we're getting a nice break. not dealing with the rain all day tomorrow.

unfortunately, though, it will coincide right in time for the morning rush. mike and i will be watching that for you. let's see what mike is watching right now. christina, i told folks about this accident, northbound 87 at 101. there was a traffic break. thought it was going the clear. apparently more details came in. they have not cleared it. in fact, there's an overturned vehicle still in the two middle lanes. the traffic break couldn't clear everything out of the way. this has been declared a sig alert by chp which means they expect things to last here at least a half an hour or more. but the traffic is light through the area. you should be able to get through with minimal delays. construction 101 at tul lee, the off-ramp from the southbound side. that continues for a few minutes there. the rest of the south bay is okay. the peninsula, we have a full closure of 101 at the embarcadero exit. both directions closed for another few minutes as well. that construction should be picking up. a detour for the next 15 minutes. stick with us for a few.

880 on the other side of the bay, look at the shot past the coliseum. there you go. northbound with the taillights passed that flashing arrow signaling one lane closed as you pass high street. other than that, no major problems for the nimitz all the way to the bay bridge toll plaza. >> thanks, mike. 4:41 right now. no talking, no texting, no tweeting. a federal agency wants to ban cell phones for drivers nationwide. the question is will it work? find out what a senator has to say about that. plus how much is a master's degree worth? find out why more businesses are looking to hire mbas, next. a tax cut clearing a hurdle in congress. it could fall flat on the president's desk. why president ob th threatening to veto the bill. we'll have more on that coming up next. 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...

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welcome back everyone. good wednesday morning to you. taking a beautiful live look outside golden gate bridge. hardly anybodyway across the span. maybe sleeping in a little bit. 4:44 right now. in washington this morning a bill to extend the payroll tax cut in the senate. the house passing the bill just last night. it includes an extension of the social security payroll tax through 2012 and continued unemployment benefits for jobless americans. the bill also includes the construction of a controversial oil pipeline from canada down to

texas. president obama says the pipeline just has no place in this bill. he has threatened to veto it. analysts say it's unlikely the senate will actually pass the bill. it is 4:44 right now. an announcement from the federal reserve takes its toll on the markets. will they bounce back today? for more on that and news before the bell let's turn to jackie deangelis live at cnbc world headquarters. good morning, jackie. >> good morning guys. futures lower this morning after markets sold off for a second straight day yesterday. stocks dropped after the fed announced it was holding interest rates steady and didn't drop any clues about any further economic stimulus measures or what we're calling quantitative easing. investors knew the fed wasn't likely to do anything yet they were still disappointed. in the u.s. we'll get data this morning on import prices so watch for that. the dow lost 66 points on tuesday to close at 11,954, the nasdaq falling 32 points to

close at 2,579. more people traveling over the river and through the woods to grandma's house. aaa expects nearly 92 million americans will travel at least 50 miles from home between christmas and new year's. that's up 1.4% from last year. about 41% of people are still saying they're scaling back holiday travel plans due to the economy. job prospects for business school grads improving. a new survey finding nearly 75% of employers plan to hire mbas in 2012. that's up from 58% this year. nearly four times as many companies expect to increase the number of mbas they hire. a third plan to boost starting salaries for those new employees. that's good news. >> that is, thank you very much, jackie. 4:46 right now. time for another check with meteorologist christina loren. >> good morning. it's cold out there. we'll see a nice second half of the day. rain on the way tomorrow. a cool, cloudy thursday ahead. they'll probably enjoy what we

have in store for your wednesday. 34 degrees, two degrees away from freezing in livermore, at 29 below the freezing point in santa rosa and napa, 27 degrees. both santa rosa and napa yesterday morning, one degree shy of setting new temperature records. coldest, coldest day on that date that we've actually seen in quite some time, 2007 was the last time it was this cold this early in the season. 37 in concord, 34 in livermore, 42 in lay ward. we'll continue to drop off as we head through the next couple hours. what may help you in your city is a little fog developing. we are seeing that right now especially along the marin county coastline. we're concerned as well, potential for freezing fog again this morning. you want to take it easy on the local roadways. travel cautiously, make sure to give yourself plenty of time. you don't want to go racing out the front door with freezing fog. that will be the case through the north bay and east bay for the next couple hours. we'll see the clouds thicken up

ahead of an area of low pressure that arrives tomorrow morning. 59 in redwood city, lots of sunshine. 58 in fremont. about 60 degrees in san jose. the south bay probably the warmest region with your temperatures warmer down there. we've got clouds hanging out over the south bay this morning. we stop the clock on the futurecast at 3:00 a.m. tomorrow morning. you can see rain showers arrive, especially north of the golden gate bridge. as we progress through the morning tomorrow, right during rush hour, we'll see some pretty wet conditions. but the whole thing blows out of here by about 9:00 a.m. between about ten and noon those clouds will break apart and clear the bay area. it will be cold after that, though. 58 in morgan hill, 59 in gilroy. temperatures staying nice and mild as we head throughout the next few days. we don't have any major spikes or swings in your temperatures, we'll be done with the rain chances as of tomorrow. back to you guys. >> christina, thank you very much. we have a little shopping advice right now. if you're thinking about buying a brand new television, the electronic experts in the know

say cue may want to wait until after the new year. retail chains have focused on high-end tv models. demand for tvs has been low all year long. most of the current sales coming for people buying cheaper sets for the other rooms in their homes. according to dealsnews.com, sales on high-end models could get bigger for january to make way for the new models rolling in. the fda issued a new warning about misleading ads for a popular weight loss device. the fda sent letters to several surgical centers across the state say they're advertising for the lap band fails to expose risk information including side effects. it says any negative information about the device is too small for people to read. the lap band is a gastric band surgically implanted around the top of the stomach to help obese adults lose weights. >> also a warning how addictive

that song is in your head, the lap band. >> oh, that's right. the ntsb calling for an all-out band on cell phone use by drivers unless it's an emergency. >> one of the most sweeping recommendations. it would apply to hand-eld and hands-free devices. the ntsb saying cell phones are not only a visual distraction but a cognitive one as well. california state senator joe similar middian, author of several cell phone laws supports a total ban but says it's unlikely. >> i think we'll see a ban, but probably not in my lifetime. the fact the ntsb stepped up was good news. >> the ntsb's announcement, only a recommendation, but the agency hopes it will encourage states to pass stricter laws on the use of cell phones while driving a car. it is 4:50 right now.

the protesters are gone, but the effects will linger. the port of oakland say the occupy protests on monday kept more than just trucks out of the port. find out how much revenue was lost. >> apple's original founding documents fetching, let's just say, a pretty penny. why the papers exceeded everybody's expectations. this is pretty good as well. you might expect a light volume for 580. that's what we see through livermore. still have my eyes on the sig alert for san jose. i'll give you the update coming up.

welcome back everyone. we take you live inside control stlal here at "today in the bay." hard at work keeping this boat afloat out there. thank you all very, very much. appreciate that. >> love them. >> it's 5:54. they know how much i love them, too. it's 4:54 right now. occupy oakland's protest, the day long protest effectively shut down the docks caused a $4 million to $8 million loss for the day. the port generates about $8.5 million a day in economic activity. monday's protest lasted 24 hours

ending early tuesday morning. port officials canceled shifts for workers due to safety concerns. caltrans and chp want drivers to keep trash to themselves. they're mounting an effort to combat litter and debris out on highways today. crew also be cleaning up litter left out on highways all day long. chp officers will be watching cars and trucks very closely making sure their cargo is secure. last year alone caltrans crews spent almost $60 million statewide just picking up litter and debris. >> can be pretty messy out there, also when it comes to the morning commute, but hopefully not this time. >> unfortunately we do have something in the roadways, another car, still there, sig alert status still called for northbound 87 at the 101 connector. it looks like 5:00 is when they expect tow trucks to arrive. that's just a few minutes away. you see slowing on the sensors off 87 onto 101. a live look does show you downtown san jose traffic is not a major issue.

here are the headlights coming from just under the live sign. that's on highway 87 itself why you're able to get by in the one lane without major issues. hopefully that will be the end of it. i'll let you know. no secret how popular apple and founder steve jobs really are, but a piece of history going for huge dollars is kind of shocking. >> no kidding. the company's founding documents from 1976 went on the auction block yesterday at souther by's in new york. the seller of the contract ronald wayne, the third guy you don't hear about. souther by's estimated it would go for a lot, but the price was driven up to $1.6 million. the first letter written by george washington as president went for $362,000. reflective of the times.

>> no doubt about it. meantime apple co-founder steve jobs is on the running for "time" magazine's person of the year. the magazine will make the announcement this morning on the "today" show. facebook founder mark zuckerberg took the title last year. besides jobs, other candidates this year include secretary of state, hillary rodham clinton, the occupy protesters and arizona congresswoman gabrielle giffords. >> thelway nt year, jon. we'll be right back after this. i love teaming with the best

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>> reporter: if you plan to throw your recycling into the plain old trash can, that could soon cost you if you live in alameda county. i'm christie smith. i'll tell you about a new plan being considered coming up in a live report. >> and new this morning, the restaurant known for his mouse, ski ball and pizza in trouble with the u.s. department of labor. i'm marla tellez, i'll