and new this morning, more than 100 sears and k-mart stores will close. details coming up. more and more congress members are becoming millionaires. some blue collar workers are not happy about that. >> and a live look at, yes, that's 880 in oakland. as a lot of people head back to work. it's kind of a monday on this tuesday. this is "today in the bay." rjs good morning, everyone. thank you for joining us. it's 6:00 on the nose. i'm jon kelley. >> and i'm marla tellez in for laura garcia-cannon. we want to check the forecast with meteorologist christina loren because it's warmer. >> it's definitely easier to get

going this morning. it's not as cold. your heater might not be working as hard this morning, especially if you wake up in san jose, 47 degrees, because we start out so mild. mid-60s today. we're expecting the upper 50s by noon. we'll take you through the forecast. also have a little bit of rain forecasted in some portions of the bay area. we'll tell you if your city is included. we want to check your drive and tell you how busy it is. we get the mail today. >> we do. we'll look out to the bay bridge toll plaza. not a lot of either. we're looking at a nice flow of traffic. cash lanes, a few cars as far as the backup goes. we're looking at more folks heading back to work today, but a light week overall. we'll check key spots coming up. >> mike, thanks. it's 6:01 now. new this morning between 100 and 120 sears and k-mart stores will close. the stores' owner made this announcement overnight. right now a final decision has not been made about which stores

exactly will be closed. we're working to find out if any bay area stores will be affected. earlier this year sears closed a store in mountain view. they're hoping to generate 140 to $170 million in cash from the sales. if you happen to know somebody doing quite a bit of coughing lately, it could be all the unhealthy air out there. bay area skies lately filled with more smoke than usual. today in the bay's christie smith is live in oakland with more on the unofficial spare the air day. good morning, christie. >> reporter: good morning, jon. it's warmer out here today, but, boy, leading up to this it's been cold, cold, cold. then, of course, you have the holiday weekend. and it seemed like the traditional thing to do, to go ahead and light a fire in the fireplace. but what's happened is that all the wood smoke and stagnant air has filled the bay area skies with smoke and created unhealthy breathing conditions in all nine bay area counties. this according to the bay area

quality management district. they're saying it's so thick that conditions are very similar to how they were in 2008 when a major wildfire in northern california filled our skies here in the bay area with smoke. so today is sort of a recommendation. a no burn day for wood stoves and fireplaces. we did speak with one oakland man who says he has his own reasons. do you ever burn? do off wood stove? >> i've had a fireplace at my house for ten years and i haven't used it yet. >> why? >> just lazy. no, i just don't. >> so you're ready for spare the air? >> i am. every day i try to conserve as best as i can. >> of course, on the serious side, the smoke can really be troubling for people with asthma, bronchitis and other breathing problems. during the spare the air day, it is illegal to burn and it can lead to big fines up to $400.

but again today is more of a recommendation not to burn. so we can go ahead and clear out our skies here in the bay area. that's the story from here. reporting live in oakland. i'm christie smith. john and marla, back to you. >> thanks for the insight and warning. l. it's ability 6:04 now. news from overnight. okay land police are investigating a shooting. police say they were called to 39th avenue and international boulevard just before 10:30 last night. this is north of the fruitvale bart station in oakland. the man who was shot is expected to survive. this nothing more than tragic accident claiming the life of a 2-year-old boy in antioch. the little boy tripped and fell just as a car was pulling out of a driveway on pembroke court yesterday. they did rush the boy to the hospital. unfortunately that's where he later died. so far no charges have been filed. a san jose mother will face

attempted murder charges for tossing her toddler from a second-story window. the 24-year-old cortez is facing a list of charges including child endangerment and assault. she was arrested christmas day after dropping her 22-month-old son out of a window. then jumping after him. the boy suffered only bruises. cortez reportedly has a history of mental illness. the wealth gap between families trying to make ends meet and members of congress is just getting wider and wider. a new report showing a growing number of politicians on capitol hill are millionaires, including several from california. damien trujillo joins us live from san francisco with the story. >> reporter: that list is not what the staff here at the mini gourmet in san jose wanted to hear. these are blue collar workers getting by in the recession, the economy, and now the list comes out. it doesn't make them happy to hear that more congress members

are getting richer. the cook here at the mini gourmet tells me he has to work the graveyard shift, and the second job might be in the works if he wants to have some spare change at the end of the week. now tony fuller hears about congressional pay. the report in "the new york times" and "washington post" cites numbers from moody's analytics. it says while the net worth of congress increased by 15% in the last ten years. this is due to investment opportunities congress aren't taking advantage of. 250 members of congress are part of the millionaire's club. that's almost half of them. and at the same time congress is debating whether to cut the food stamps program. they just finished arguing what to do with unemployment benefits, and they're debating millionaire's tax. the cook here at the mini gourmet says he's barely getting by. >> it's hard. i mean, it's really hard.

you work all year round to get maybe 400 or $500. and that's working, you know, full time job. it's really difficult. >> among the top breadwinners on capitol hill, our very own nancy pelosi, former speaker of the house, san francisco congresswoman. $196 million. that's her net worth. california congressman darrellidarrell issa, net worth between 195 and $700 million. they can be that vague in reporting their net worth. and senator john kerry from massachusetts. his net worth is $195 million. meanwhile, the folks here at the mini gourmet are working hard to make ends meet and pay the bills, they say. but you should smell the maple syrup. it sure smells good. >> my man, torturing us out here. maybe you can get us a to-go

bucket. 6:07 now. california executions remain on hold. the state is nearing the sixth year without an injection. now the state is leading a judge's order said they failed at drafting up a new and legal method at putting condemned prisoners to death. it is 6:08 now. a former journalist caught writing phony magazine articles is now fighting to become a lawyer in california. steven glass says he can now be trusted and is hoping the california supreme court agrees. you may know his story from the movie "shattered glass", which dramatizes his time at the new york public magazine where he faked all or part of more than 40 articles during the '90s. he went to law school at georgetown university and passed the california bar exam in 2009. he now works as a clerk at a

beverly hills firm. it's 6:08. we're getting word of some delays at sfo. is this because of the fog out there. let's check the forecast with christina loren. >> we don't have much fog, but low ceilings. the ceilings are so close to the surface that we have minor delays. it won't be the case for long. we're not going to see the fog as widespread as yesterday. it's mostly confined to the north bay. novato, you have a quarter mile visibility. same for napa, fairfield, half a mile. south of the golden gate bridge, you can see for miles here. san francisco, watch out for low ceilings. but we have air mixing around and wind preventing the dense fog from forming at the surface. so as a result, take a look at your temperatures. 12 degrees warmer in san jose. 8 degrees warmer in oakland.

cities getting the fog are running 2 degrees colder in novato. future cast, and i agree we'll see a lot of that clearing by 10:00 a.m. today. 47 degrees in sunnyvale. 37 in santa cruz and 46 degrees in san jose. so running warmer across the board. yesterday at noon we were still in the 40s. by noon today we'll be in the mid-50s. by 1:00 p.m., upper 50s. we'll round out the day with a comfortable 63 degrees. now we've got a really dicey forecast as we head through the next three days. the chance for showers, oh, will your city see the showers? i'll let you know in the next report. got the seven day ready to go. stay tuned for that. also we might see a little bit of sierra snow. i know the snowboarders just waiting for the snow to come down so they can hit the slopes. if you're hitting the road, mike is here to help. >> we're looking over here to the tri valley and westbound 580 where i reported some debris

reported to chp at north spring town exit there. although it sounds like the off ramp. we see slowing between spring town and the isabelle interchange. heads-up for you. overall a light volume of traffic and light commute through the area. also south bay northbound 101, you see the amusement park on the map there, there are reports of aluminum on the road. stay on your left two lanes as you're passing by the winter wonderland exit and you should be okay. no other slowing in the south bay. that's a good flow of traffic northbound. and a look at the okay land coliseum and the traffic past it northbound with the taillights. southbound with the headlights. no slowing in either direction. good steady flow of traffic between oakland in the city. a bearer of good news. >> always. once popular shopping destination hayward decades ago is now undergoing a facelift. hayward city leaders are -- back

in the day the strip was a shopping destination in hayward. the plan is to improve the shops in the area, adding new facades so individual stores are emphasized. >> sounds like a good plan. a little facelift. coming up on "today in the bay" toyota is showing off a new hybrid called the most fuel efficient car ever in the universe. and a man accused of shooting and paralyzing this california soldier at a party turns himself in. ♪

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an al qaeda troop is taking responsibility for a wave of attacks in baghdad. it rocked mostly shiite

neighborhoods killing 69 people. it was the first major u.s. bloodshed since they left after nearly nine years there. the claim made no mention of the u.s., but it did focus on the leadership of iraq. a man turned himself into police claiming he shot and paralyzed the soldier at the welcome home party. 22-year-old christopher sullivan is in critical condition after friday's shooting. police say sullivan tried to break up a fight between his brother and the suspect. and the suspect shot sullivan twice. sullivan survived an attack in afghanistan last december and recently returned home from kentucky to recover from his injuries. that is a sad and strange story. let's check out warm weather with christina loren. >> it's been so frigid. now this morning, you'll probably want to layer up. it's not all that cold compared to where we have been.

right over the water, still looking good in terms of your vizability. so that's the good news. we'll continue to update you on how visibility is treating you all morning long. right now we have good visibility areas south of the golden gate bridge in general. let's take you to the maps and tell you what temperatures are doing. 39 in napa. still above the freezing mark in napa. good morning to you up there. 32. they are going to keep us nice and mild for the first part of the day. it's keeping the fog from settling into the surface. right at the surface. and widespread fog like we had yesterday. i don't think that will be the case. nor is frost going to be a factor through the next couple of hours. i don't think your temperatures will fall that much more with the clouds overhead. so we're looking good in terms of visibility, except for the upper north bay. the forecast gets dicey.

good news is 8:00 a.m., we'll see a lot of sunshine over the greater bay area, except for the central valley. that's where we can find the fog. it looks like 63 in san jose. even in the east bay and the tri valley, you'll get warm this afternoon. make pick up the duds for christmas. a few north bay showers wednesday through friday. we will see showers clearing by saturday. let's check the drive with mike. >> better than the limit in many spots. use the roads with caution here, folks. we do have one note, northbound 101. stay over to the left two lanes as you're passing by the exit coming up through santa clara. and you should be fine. the rest of the lower bay shore moves nicely.

all the way through redwood city and 280. both ways looking really nice. despite the fog christina has been showing us, we have no slowing in the north bay. there was a report of ice. there's some fog and around the freezing temperatures. a note for folks over the smaller bridges. easy drive to the bay bridge toll plaza. a nice look shows you no major issues, guys. we'll send it back to you with happy news. like to hear it. here's something you may want to listen to. the newest version of toyota's prius hits the roads in japan. they call it the aqua over there. it will be called the prius "c." toyota claims it's the world's most fuel efficient hybrid, saying it will get more than 83 miles per gallon. that's pretty sweet. the prius will make the u.s.

debut at the north american international auto show in detroit. it will go on sale here by the first part of -- actually the end of march. more fuel efficient ways to get around a giant escalator. it's up and running in colombia. the escalator is as long as a 28-story building. it goes up the side of a mountain and it spares people from having to walk hundreds of steps to get to and from their homes. pretty cool. >> i guess it makes sense. >> hate to see that thing break down. 6:19. giving birth is painful, but there's a new delivery method gaining popularity for expecting mothers. nbc's erika edwards has the story. it was clear and relatively calm the night little hadley cooper.

came into the world. mom lauren delivered her baby without any pain medication. >> oh my goodness. >> using instead techniques she learned weeks earlier in a hyp no, birthing class. we talk about releasing fear. lauren's fear was having the same birth experience she did with the first child. >> so i figured, if i'm going to feel pain, i might as well feel it all and experience it and make it calm. >> through the hypno birth activities she learned breathing and visualization. >> we'll go through the spectrum of the rainbow, also the same colors of the chakras in your body. painkillers are not the enmy in the class. they reassure her moms

medication is an option if necessary. >> when you're in a relaxed state you've got hormones called endorphins spilling through your body. >> it was neat to experience the birth and feel her entering the world. >> he's looking at me for comment. >> i'm just thinking -- i'll leave it alone. it is 6:21. they didn't hit the big one, but some bay area folks right here cashing in on megamillions. also, who owns your twitter followers? that's one question asked in federal an o anak oland man's twitter account

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welcome back, everyone. another $200 million plus jack pot. megamillions has climbed to $206 million. this is the largest jack pot since back in march. nobody picked all the right numbers in friday's drawing. but four people right here in the bay area picked five numbers kwe correctly. nice work. somebody from the state of maryland is $125 million richer today. the winning power ballotry ticket was sold at a liquor store in the eastern part of the state on saturday.

good luck with that, pal. if the winner chooses the lump sum payment he will take home $52 million after taxes. when you think of facebook, you might think gossip and funny videos. one utah woman can thank facebook for helping save her and her child's life. the woman and her 17-month-old son were held hostage for five days inside her home when she posted a message that read, hello, is anyone out there? i'm having a serious problem and me and my son will be dead by morning. that led to a police check where police found her hurt and held by her boyfriend. he was taken into custody and the woman an her child rescued. it is 6:25. do you sweet socially or professionally? if it is for work, here's something to think about, does your employer own your followers? that's the question unfolding in federal court. oakland writer noah kravitz is

being sued by his former employer, phonedog.com. the company says when kravitz left he took his followers and changed the twitter handle. he says his 17,000 followers are worth $2.50 a month. the company is after eight months of use, a total of $340,000. kravitz says he knew about the handle change. >> you can click a link to show every one of the people following me. it's all in the public. a judge will make the final decision in the case. they are addressing new questions about who owns professional social media accounts. members of congress is making more money, but you might be making less. reaction to a new report coming up. it's not an official spare the air day, but you are being

asked to take the same action all the same. a live report is coming up. and good news about that is we are only at or below freezing in the extreme north bay. we are going to go from ice to nice. really comfortable afternoon. temperatures in the mid-60s in some cities. i'll let you know if that's yours coming up. and we're watching the scattered weather related ris t now the commute is building. what commute there is. it's the perfect time to find great deals on the 4g lte devices you love.

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congress members are getting richer. i'm damien trujillo live at the mini gourmet in san jose where blue collar workers are not happy. new this morning, have you noticed the smoky skies across the bay area? it's making it hard to breathe for some people. i'll tell you what you're being asked not to do. coming up in a live report. and here's a live look at the golden gate bridge toll plaza. traffic is moving along just

fine so far on this tuesday, december 27th. this is "today in the bay." good morning, everyone. we appreciate you joining us bright and early this morning. >> i'm marla tellez in for laura garcia-cannon. we want to get straight to the forecast with meteorologist christina loren. a warmer start to your tuesday. >> much warmer in m some cities. we had widespread freezing conditions yesterday morning at this time. not so much the case. i indicated which cities are at or below freezing. just two cities on this map, the extreme north bay. everywhere else enjoying the upper 40s. downright comfortable. we'll take you through the city by city forecast and talk about the potential for rain through the next couple of days. first, is it getting busier out

there? >> you know, mildly visible. no big issues here. no problems on the approach. on tuesday we expect to see the heaviest volume of traffic. a lot of companies are shut down between christmas and new years. we expect a light flow this week as well. but i'm watching it for you. you got to watch it. 6:31 now. do you have a scratchy throat? are you finding it hard to breathe? it could be our unhealthy air. the bay area skies are filled with more smoke than usual. christie smith is live with with more on the unofficial spare the air day. good morning, christie. >> reporter: good morning, marla. it feels a little bit warmer today, but boy leading up to this it's been cold, cold, cold. just about every morning out here. and then, of course, you have the big holiday weekend, and it seemed like the tradition fall thing to do, to go ahead and light a fire in the fireplace.

but quite a few people did that, and what happened is the bay area was left with pretty serious smoke-filled skies. in fact, it's gotten so unhealthy it's almost like the conditions we saw after a major wildfire in 2008. with spare the air days people who burn wood in fireplaces and stoves can get warnings and fines up to $400. today is more of a request not to burn, this by the bay area quality management district. and this morning, one oakland man says he can see why. >> i notice the haziness around the whole area. and the difficulty with the little -- my grand baby has asthma. and the difficulty in breathing and things like that, yeah. >> reporter: so for people with asthma and other breathing problems all the smoke can make their conditions worse than normal. the hope is that if people don't burn it can help clear our skies

out. that's the latest from here. reporting live in oakland. i'm christie smith. jon and marla, back to you. >> every little bit helps. thank you, christie. cal fire has put a ban on open burning in many parts of the state. that's because of our lack of rain and dry vegetation. the burn ban applies to several counties around the state including alameda, contra costa, santa clara, santa cruz counties. burning for fire training and agriculture purposes can go on with a special permit. it's 6:33 right now. it seems like the rich keep getting richer. a growing number of elected officials on capitol hill are making millions of dollars including one from right here in the bay area who has more than $100 million. damien trujillo is live in san jose with a look at all the numbers. good morning, damien. >> reporter: good morning, jon. we spoke to the graveyard cook here at the mini gourmet in san

jose. he works the graveyard shift. he's working to help make ends meet at home. he wasn't hear to hear that congress members are getting richer. he's here working the overnight shift. "the new york times" and the "washington post" did extensive research on congressional wealth. the findings reveal there's a millionaire's club on capitol hill. it involves half the members of congress. 250 of them. the revelation comes as congress debates unemployment benefits, a millionaire's tax, and a potential cut to food stamps. the report cites numbers from moody's analytics. it says while the net worth of congress increased, that same worth dropped by 8% for average americans. this is the kind of information that fueled the occupy movement. now they have ammunition in their claim that congress is part of the 1%. and the cook here at the mini

gourm gourmet, even though he likes his job, he's not happy with congress. >> it's really insane. i can't believe hay don't step up and help out. you know, i think if i had a lot of money, if i won the lottery and stuff, i would help. you know, somewhere. >> among the top breadwinners on capitol hill, our very own nancy pelosi, she's said to be worth $196 million. california congressman darrell issa is next. he's worth between 195 million and $700 million. and senator john kerry out of massachusetts. his net worth is $181 million. the cook here can't fathom $1 million. you can see why he might be frustrated. he says he'll continue to work his blue collar job until he wins the lottery. damien trujillo, today in the bay. >> that is the attitude. all right, thank you very much.

6:35 now. a 2007 oil spill in the san francisco bay caused lasting damage to specific herring. this is according to a new study by the national oceanic and atmospheric administration. it looked at the hearings following the cosco busan spill. san francisco firefighters holding a fund-raiser to support a family going through an extremely difficult time this holiday season. the firefighters raising money for the funeral cost of 15-year-old enrique cupashio. he died of leukemia just last friday. fire crews grew close to the family through the city's firefighter toy program. the fund-raiser will be held at don ramon's mexican restaurant on 11th street in san francisco

starting at 5:00. 6:36. let's check the forecast with christina loren. what are you giggling at. >> they just told me, hey, you're next. i'll take what i get around here. we love our crew in the morning. thanks for waking up with us. 29 in fairfield. 32 in santa rosa. 46 in san jose. real swrn time weather. we love that. the clouds clear in the north bay and the city of san francisco. i set your radar back for rain showers over the next few hours. we are nice and clear from san francisco to the north bay. the fog is settling in. we're not going to have to deal with it all day long. we'll lose the deep pockets probably by 8:00 a.m., looking more clear as we head through the 10:00 hours. that widespread fog kept your temperatures in the 40s. even at noon. that will not be the case today because we'll see rapid clearing. i think you'll hit the mid 60s. 63 in san jose. 63 in gilroy.

64 in santa rosa. mild conditions with a mix of sun and clouds. the clouds keeping us mild tonight into tomorrow morning. another mild start over the past week. and we have the potential for rain. i'll show you if the city is included in that forecast when i get to the seven day in my next report. it just changed on me. never at a loss for words. how are we look sng. >> but the clock march on. 6:38. we're doing all right. the south bay looks really nice right now. a couple of issues to point out, though. southbound 880 at dixon landing road as you're coming down, there's an accident involving three or four vehicles. most of them are to the shoulder, but one still remains in the slow lane as you're approaching the dixon landing off ramp. use caution. a chp cruiser will head out there. we're looking at earlier debris, northbound 101 at great america parkway. that's cleared. no slowing at the scene.

great news through the corridor of santa clara. both directions just fine. and a look at antioch with no major slowing. and a nice drive through the east bay so far. back to you. it's 6:38. still to come on "today in the bay", a guy tries to steal cash. then hello and gad night. he gets knocked out. and it's all on camera. plus the iowa caucus just a week away. we'll look at who is leading thc nea i rlin t veresianntial rac next in a rveept ororfrom washington. [ female announcer ] help i need a holiday party idea. mmm... pillsbury crescent wrapped brie just unroll, wrap the brie and bake. it's so easy. now this might even impress aunt martha. pillsbury crescent wrapped brie. holiday ideas made easy.

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welcome back at 6:41. the iowa caucuses are just a week away. this morning ron paul is leading the other republican presidential candidates in the polls, but it's been a volatile race for republicans so far. brian mooar is live in washington now. a lot can happen in seven days, especially the last seven days. absolutely, marla. right now ron paul, as you pointed out, is looking good. but this is just short of a free for all. newt gingrich, who had been the front-runner suffered a really serious setback over the weekend. but it was in virginia. his home state, where he failed to get onto the primary ballot. that certainly is something that iowa caucusgoers are going to have to take into account. it really plays into the narrative that mitt romney has been putting out there that gingrich doesn't have what it

takes to make it through the primary season, let alone a general election campaign with president obama. king rich is firing back. his campaign is asking if a moderate, in other words romney, can be trusted to move forward with the conservative values of the republican party. then there's rick santorum. he's trying to make noise and get noticed. suddenly he's gaining traction. right now this is anyone's race. 6:43 right now. coming up, k-mart and sears stores c thoing hek.pphobling bc hear why the chains are closing more than 100 stores.

welcome back at 6:45. if you're hoping for warmer temperatures, meteorologist christina loren is delivering this morning. >> as promised. the good news is not just this morning. tomorrow looking rather mild as well. let's take you outside and show you the golden gate bridge which has good visibility. you can see for five miles or so. but we have reports of delays. things are changing as we speak. we're in the upper 20s in fair field. santa rosa is at 32 degrees. elsewhere, take a look at where the temperatures are this morning. 47 in sunnyvale. 46 in san jose. so a far cry from the freezing temperatures that we had over the past couple of days. it's the cities getting the deep pockets of fog running cooler.

what's going to happen through the next few hours? you see the clouds. they serve as a blanket over the bay area and trap in the warmth. once the clouds clear, all the warmth raid yats back to the atmosphere. so san francisco looks like not only are you going to drop off in temperature but you're going to see the potential for fog to develop. the ftwo ingredients are calm winds and clear skies. and we're going to end up in the 60s. 63 in gilroy. an area of low pressure is going to change things for us through tomorrow. showers north of the golden gate bridge elemented sunshine. coastal temperatures back in the 50s. after that looking good for the holiday weekend. let's check your drive with mike. >> we have a new accident to report for sunday. this is northbound 101.

reports just before you get to the off ramp that there's a slow lane block -- i'm sorry, the fast lane blocked approaching the scene. no slowing on the sensors just yet. they may give us more details in the next few minutes. the rest of the south bay looks fik. the speed sensors passing by as well as the northbound routes really good flow throughout the south bay. getting in here from fremont basically, southbound 880 at dixon landing road. still reports of the accident. however, they did no lanes are blocked. there might be minor injuries. we might see more flashing lights over the next few minutes. let's get a look at the bay bridge toll plaza. no problems on the peninsula or the north bay. the are problem is if you're expecting time to yourself you're not going to get it. no metering lights, no problems. we're looking over here at

antioch. registering at hill crest all the way to pittsburgh very light volume through that area especially for a tuesday. a 14-minute drive. and that's why we have a lighter volume of traffic. between 120 sears and k-mart stores will be closing their doors. they made the announcement overnight. right now a financial decision has not been made about which stores will be closing. earlier this year sears closed the store in mountain view.

a new report shows how wide the wealth gap is between republicans and members of congress. a look at just how much some members of congress make. it's quite surprising. >> reporter: it really is to many people here, marla. a lot of unhappy faces here. these are blue collar folks trying to get by in the recession. thaw doesn't go over well with them. the cook says he has to work the graveyard shift. now he hears about congressional pay. the report in "the new york times" and "washington post" cites numbers from moody's analytics. while the net worth increased by 50% in the last six years, that same worth dropped by 8% for

average americans. 250 members of congress are part of the millionaire's club. that's almost half of them. and at the same time, congress is debating whether to cut the food stamps programs. they just finished arguing what to do with unemployment benefit ls the cook here says he's barely getting by. >> it's hard. it's really hard. you work all year round to get $400 or $500. that's working a full-time job. it's really difficult. >> among top breadwinners on capitol hill, our very own nancy pelosi. former speaker of the house. $196 million is her net worth. followed by california congressman darrell issa. from 195 million to $700 million. john kerry from massachusetts.

those are numbers that call for very angry faces with blue collar workers at the mini gourmet. nothing short of a tragic and a heart wrenching 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 family members. he tripped and fell as a car was pulling out of their driveway. an ambulance rushed the boy to the hospital where he later died. police say it appears to be a tragic accident and not a crime. >> bullets hit at least one person in the east bay after an overnight shooting. oakland police tell us they were called to 39th avenue and international boulevard before 10:30. this is north of the fruitvale bart station in oakland. one man was shot. he is expected to survive.

a san jose man accused of killing his estranged wife is expected in court to face charges in that case. police say 23-year-old marcus casillas shot and killed 29-year-old valerie casillas. a road worker found her body in a remote area of san jose. that was in october. well, just this month police found the gun used in that killing at another crime scene. marcus casillas is expected at santa clara county superior court at 1:30 this afternoon. 6:53. you can see nit the air. smoke and pollution creating the unhealthy combination if many in the bay area. christie smith is live in oakland with more on the unofficial spare the air day. good morning, we've been asking people on their way to work in oakland if they notice the smoky skies in the bay area and the answer're getting is an overwhelming yes. it looks like a lot of people

really enjoyed a traditional fireplace over the weekend. that's made for really unhealthy air, which can really be a problem for people with asthma and other breathing issues. it says conditions are very similar to when we had a big fire and there was a lot of smoke here in the bay area. today it's not really a spare the air day. instead it's more of a request. one man told us he gets it. it was cleaner then. he told us his granddaughter suffers from asthma and she's been coughing quite a bit.

thank you very much. 6:54 now. it may seem too soon to some and not soon enough for others. the post christmas tree collection starts today when officials can gather in front of city hall for the 25th annual ceremonial chipping of christmas trees. curb side tree collection begins next week. trees should be stripped of all ti tinsel, decorations, fake snow, lights and trees taller than six feet should be caught in half. 6:55. finish this story first. at least that's the deal when it comes to counting the wide range of bird species that spent their winters in san francisco. more than 100 seasoned bird watchers are set to scour the

san francisco bay and surroundings for the 29 annual christmas bird count. during last year's holiday event they counted 177 different bird spy these. more than 50,000 individual birds rang from pigeons to more exotic species such as the red foul rope. it's 6 cl:56. the "today show" is up next. here's matt lauer with a look at what they're working on. good morning, prince phillip released from the hospital four days after being rushed for emergency heart surge riff. we'll get the late nest a live report from listen. a security firm whose clients include the u.s. military and apple is the victim of a major hacking attack. the culprits are vowing for more. new developments against former

reality producer. he's decided to give up his extradition fight and stand trial in mexico. we've got those stories and mch more ahead as we get started on a tuesday morning on "today." >> well, the warriors picked up their first win on the nba season. the chicago bulls rolled in and left with a 99-91 loss at the hands of the warriors. new coach mark jackson picks up his first win. the team gets to rest today but right back at it tomorrow when the knicks roll into town. a would-be robber got more than he bargained for. he was held up by a thief if a hoodie. it shows the robber behind the counter. clerk usually armed instead use

his passion for martial arts to knock the robber out cold. >> you don't think you hit somebody as hard as you do. i banged him pretty hard, i guess. >> you think? >> knocked him silly. adding insult to injury, after the robber woke up, the clerk forced him to clean up his own blood off the floor. wow. also, you can't buy alcohol at self check-out stands. state assemblywoman represents part of san francisco, she says the new law makes alcohol on par with spray paint, cigarettes and precipitation medicine. i'm not wearing sleeves today. it's warmer outside. meteorologist chris fee na loren, let's check the forecast. >> it's the key to the day. dressing in layers. keep those short sleeves covered for now. you'll be able to peel the layers off by noon today.

we're only in the freezing range in the extreme north bay. you don't have to worry about frost on your this morning. in the upper 50s in some cities by noon. rounding out the day in santa rosa. 63 in san jose. 63 in gilroy. we might be tracking showers. right now we want to check your drive. is it still light out there we have another accident approaching a familiar scene at dixon landing road. it was causing some slowdowns there out of fremont. northbound 101 at hellyer avenue. a new won forms just past that. now the two scenes traveling northbound on 101 with a lighter holiday traffic keeping things moving relatively smoothly through the area. >>