new this morning, in case you haven't noticed, our air quality here in the bay area is pretty bad. and no burn request has been issued for today. i'll tell you what that means in a live report. also a mother of three killed in the south bay. who will face a judge for her murder. and a pay bump for minimum wage workers in san francisco. and a live look outside this morning. that's the golden gate bridge on

this tuesday, december 27th, this is "today in the bay." very good morning, everyone. the time is 4:30. i'm jon kelley. >> i'm marla tellez in for laura, garcia-cannon. we have a lot to get to. first, let's check the forecast with christina loren. you look nice and springy today. >> we're going to see almost a spring like afternoon. i know y'all noticed a different. courtesy of cloud cover. we'll see the dry trough through the bay area. and we are going to talk about your air quality as well. we vice president had any rain. a little bit in the forecast. he is back. hey, mike. >> good morning, christina. i missed you all, but not the

alarm clak clock. we had early activity. the activity has cleared. now we should be have two westbound operating. we don't see slowing either direction. we'll talk about issues in the south bay coming up. you could call it a sort of spare the air day. christie smith is live in oakland with the latest. it's been cold morning after morning after morning. the stagnant air we've had is creating unhealthy. 43 micro grams per square foot

of air. coupled with the thunderstorms that sent smoke our way back down here to the bay area soot levels then in comparison were 35 to 42. for some people with preexisting health conditions, this could really aggravate things for them. valt tors face a warning and then a sign of water. they are reported. today is a little bit different. there's a no burn request in place. people can do their part by not burning. they can protect their neighbor's health if they have a preexisting condition. so again, it's not necessarily mandatory but you're asked not

to burn. i'm christie smith. john and marla, back to you. >> thank you for the information. >> bullets hit one man after an overnight shooting. they were called to 39th avenue and international boulevard last north. police say one man was rushed to the hospital with gunshot wounds, but he is expected to survive. so far the suspects are still on the loose. it was nothing short of a tragic end to the holiday season for an east bay family. investigators say a 2-year-old boy was run over and killed by one of his own family members. the little boy tripped and fell as a car was pulling out of the driveway on pembroke court. it appears to be a tragic accident and not a crime. a san jose man is expected in court to face charges.

23-year-old marcus casillas of san jose shot and killed 29-year-old valerie casillas. a road worker found her body in october. this month police found the gun used in the killing at another crime scene. marcus casillas is expected at 1:30 this afternoon. it's 4:35 this afternoon. cal fire has put a ban on open burning in the state. the burn ban applies to several counties around the state. some burning, including fire training and agricultural operations can burn with a special permit. >> and in just a few days san francisco will become the first big city in the country with a minimum wage topping $10 an hour. on january 1st the city's

minimum wage will be $10.24. a few big cities that set their own minimum wage. in 2003 voters approved a law that called for automatic yearly wage increases. this year the federal minimum wage will stay at $ 7.25. in the new year you won't be able to buy alcohol at the self check-out stands. you have to buy and sell liquor the old fashioned way. the state assemblywoman says the new law makes alcohol on par with spray paint, cigarettes and prescription medicine. governor brown signed the bill into law earlier this year. >> do you tweet socially or professionally? if it's for work, does your employer own your followers?

an oakland writer is being sued. a big called phone dog dot calm claiming a lawsuit saying he stole a customer list when he left the company and switched his twitter handle. he says his 17,000 followers are worth $2.50 a month. they are after eight months of use for $340,000. but he says they knew about the handle change. >> you can click a link to show every one of the people who is following me. it's all in the public. >> a judge will make the financial decision in the case addressing new questions about who owns professional media accounts. >> 4:37 now. a very mild start to the day. christina loren is here to tell us what the rest of the day is going to be like. i'm watching temperatures and where they're headed.

mid-60s across the board. let's take you through it. this morning anywhere between 5 to 15 degrees warmer than we did yesterday morning. the clouds are helping us keep nice and mild. you need to burn the wood for the bay area quality control dikt would like you not to. it's not illegal. want to keep that in mind. eight degrees warmer in hayward. 13 degrees warmer in san jose. through noon, 1:00 p.m., temperatures climbing to 259 degrees in santa rosa. you'll round out the day there. 69 degrees with passing sunny clouds. you'll see more clouds than sun for the first part of the day. but there is a slight chance for rain. we'll talk about that.

we'll take you through the forecast. first he's back. we're looking over to the south bay maps where we see our northbound speed sensors. no closures through the map. a pedestrian on highway 101. you shouldn't be on the freeway walking around there. that's why there was the investigation that just cleared the scene. a live look at oakland shows you a smooth drive as well. we'll track the few cars though, folks. stick with us. back to you. >> vietnam blocks citizens from using facebook but is not blocking facebook ceo from making a visit.

mark zuckerberg spending his christmas holiday in vietnam. zuckerberg reportedly spent christmas eve at the the popular tourist destination. in fact, local news stations say the 27-year-old billionaire spent christmas day at an eco lodge in northern mountain town, and guess what, he even road a buffalo. i guess that's what billionaires do in their free time. >> while his story is a cautionary tale. >> now a former journalist caught writing phony magazine articles is fighting to become a lawyer here in california. he says he is hoping the california state supreme court agrees. you may know his story from the movie shattered glass where he faked all or part of more than 40 articles during the '90s. glass went to law school at georgetown university and passed the california bar exam back in

2009. he's now working at a clerk as a beverly hills firm. that's a tough history to shake. >> that could be a tough road. unfinished business in pasadena will take you to rose parade headquarters where volunteers are pruning around the clock. plus, could the feds be rolling the dice on legalizing online gambling? and for all your news, weather and traffic updates, check us out on facebook. and we have a live look outside at san jose. picturesque shot.

good morning, everyone. welcome back to "today in the bay." that's a live look at 880. running through oakland. mike inouye will be along to tell us about the traffic flowing there. christina loren will be here to tell us about a warmer start to the day. a good looking day. >> back in business this morning. wall street is back in action. wall street is back after a three-day holiday weekend. we turn to julia boorstin live at cnbc headquarters. >> good morning to you. happy holidays. right now futures are strading slightly lower. this is coming off them logging their best four days since

september. historically the final week of the year is when we see a santa rally occur. stocks have posted average gains of 1.6%. today asia and europe are trading higher. we get reports on home prices and consumer confidence and unemployment. and the manufacturing coming up on tuesday. the dow is rising 124 points on friday to end 12,294. the nasdaq adding 19 on friday to 2618. consumers seem to have gotten their second wind and are ready to hit stores in search of post christmas bargains. they expect yesterday dugged mega monday is going to be the third busiest slopping day of the season. ibm says online sales were up 10% from last year. the u.s. could legalize many

forms of internet gambling, including online poker. originally read as banning all gambling across state line ls. actually only barred betting on sporting events and contests. individual states would have to agree to regulate the online games. but that's certainly one to watch. time to check in once again with meteorologist christina loren to fill us in on what's happening all day long. that air quality has really made for unhealthy air quality levels. so today we're asking you to spare the air. it's not an official spare the air day, however. eight degrees warmer in hayward.

five degrees warmer in san francisco. i think temperatures are going to be rather mild. only a couple of outlying cities. temperatures are going to stay on the mild side today because we're not going to see as much fog. by 10:00 a.m. most of the fog stays over the central valley. we're also going to hit 60s in los gatos, san jose and gillry. wednesday an area of low pressure will arrive to the north. however, we won't see much in the way of showers. probably north of marin county. sonoma you'll get a little bit. but not much in the south bay. kind of a dry system. we have another one on the way as we head into your friday.

that will bring mostly cloudy conditions to the bay. maybe to the north bay. that's not very promising. happy new year. 61 degrees inland on new year's day. back to you guys. >> after a month of strong winds and extreme weather, everything is coming up roses for the annual rose parade in pasadena. >> of course, there's plenty of unfinished business as volunteers put the finishing touches on the floats out there. here's beverly white. >> volunteers work on a dozen floats in pasadena's rosemont pavilion. this will be remembered as the year hurricane forced winds hit the foothills and created a new challenge for the organic beauties. >> when we moved the floats into the facility a few weeks ago. they had some trees down. but the city has been great in trying to clear the route and

make sure that we had clean access to the facility. volunteers keep the exposure in perspective. >> five people benefitted. three children and two adults. >> for locals they are truly grateful no lives were lost in the pasadena wind storm of 2011. the year the roses were almost upstaged by falling trees. >> there were so many trees down. so many streets were blocked. for the visitors coming to town, they won't even know we had all those wind storms. >> for the most part it will look nice and clean when they get here.

>> that was beverly white reporting. you can watch the 123rd annual tournament of roses parade here on nbc bay area. that's january 2nd at 8:00 in the morning. it's been said a bird in the hand is worth two in the bush. over 100 seasoned bird watchers are set to scour the san francisco bay and surrounding area today for the golden gate society. it's assessing the state of the bay's bird life. during last year's holiday event, observers in san francisco counted 177 different bird species and 57,000 individual birds ranging from pigeons to more exotic. >> 4:50 now. it might seem too soon to some and maybe not soon enough to others, but san francisco will

turn christmas trees to woodchips. they will see the official launch today when they will gather in front of city hall for the chipping of christmas trees. trees should be stripped of plastic bags, stands, fake snow and lights. tre trees taller than six feet should be cut in half. >> i have a fake one. >> the time is 4:51. the race is still up in the air, the republican presidential candidates head into the iowa caucuses. the new favorite has a real shot to take the lead. and pretty much everybody is even flowing. a drive on 580 is not a problem. we'll focus on some areas for the morning commute that do have some issues.

welcome back at 4:54. the iowa caucus is just one week away. now ron paul is leading in the polls. but it's been a very volatile race. today in the bay's brian mooar reports from washington, d.c. where a lot can happen in seven

days, especially the last seven days. >> reporter: one week before the iowa caucuses, ron paul is leading the gop presidential pack, but it's still anyone's race. >> usually the iowa caucuses aren't completely defined until very close to this the end. >> reporter: while rick santorum is hunting for votes. >> not electing someone to cast votes. you're electing a leader. >> reporter: michele bachmann is getting ready to hit all of iowa's 99 counties. rick perry released a new attack ad. but it's aimed at washington. >> let them get a job like everybody else back home. >> thank you so much. >> reporter: mitt romney is still trying to convince iowans he's conservative enough. >> i'm going to do something to government. i'm going to make it simpler and smaller and smarter. >> reporter: newt gingrich failed to make virginia's primary ballot, and days before iowa, that's a setback he can't afford. >> we're disappointed it was our fault. >> the primary is now a side show. i can't imagine anybody paying

much attention to it. >> reporter: right now all eyes are on iowa where anything can happen. establishment republicans may be uneasy with ron paul, but right now his organization in iowa is hard to beat. brian mooar, nbc news, washington. >> all right, 4:55. we want to check the drive if you're just getting ready to head out the door. mike inouye, how does it look? >> good morning. we have one accident to report out of the north bay. your eastbound 29 onramp to eastbound 237. there is an accident brewing right there. no injuries, a minor solo spinout there. there may be moisture on the roadway because in the same area, we're talking about fog as you're approaching the bridge. and further north through american canyon. so westbound 80 commuters, that's your direction towards the carquinez bridge. we'll track that commute and send it back to you. sort of a spare the air day.

why experts say you're allowed to curl up next to a rooring fire, but you shouldn't. and a journalist who admitted to faking more than 40 articles says he's trustworthy enough to become a lawyer. for all your news, weather, traffic updates and all sorts of good things, check us out on facebook. search nbc bay area news. and we give you a live look over the a very dark d oow n jose o this tuesday, december 27th. we're back stay with us.

new this morning,airquali morning,airqualityall across the bay area is pretty bad this morning. you're being asked not to burn wood. i'm christie smith. i'll explain more coming up in a live report. i'm damien trujillo live at the mini gourmet in san jose where, guess who is getting richer, and guess who is not happy about it, coming up. and trust him, he's a lawyer. or at least he wants to be. a former