>> you made it through monday. good tuesday morning to you. thanks for joining us. it's 4:59. seconds away from 5:00 right now. thanks for joining us. i'm laura garcia-cannon. >> and i'm marla tellez. >> i'm marla christine tellez. >> it's nice out there. lgc we like to call it. condense it. we're looking good out there. you get out the front door, you probably won't need the heavy winter coat but we're starting out mild. we'll see a mostly cloudy start. temperatures only climb by about 10 to 13 additional degrees from where we're starting out. we've got rain in the forecast, i'll tell you when that arrives and a big time warm-up on the way. that's on the seven-day. let's check the drive. >> take a live look. we showed this at the top of the show. the golden gate bridge. not much glow to the lights. you can see across the span to

the north tower, a smooth flow of traffic but there is mist. we look at the oakland side, the nimitz, i took it further south. you can see the glowing lights through oakland. as i was coming through fremont the mist was enough to use the wipers from time to time. it was probably enough to get the roads a little slick. >> i did notice that. be careful as you head in. >> it is 5:01. this morning milpitas police are considering criminal charges against a contractor after a gruesome accident. a worker was buried alive. bob redell is live in milpitas with how this all happened. bob, good morning. >> reporter: good morning to you, marla. milpitas police have not said yet whether or not they plan to file criminal charges against the contractor who is building a small mansion inside the ridges estate behind me. this is where a worker was crushed to death saturday afternoon. the man, a 37-year-old

carpenter, had been doing woodwork 1812-foot trench dug into a hillside when a wall of mud collapsed on him. the ground was so unstable it wasn't until late last night that the coroner was able to remove his body. the city tells us that no one should have been in the trench. last week the building department issue add top work notice because recent rains and the lack of shoring made that hillside too dangerous. but the city tells us that the contractor out of fremont ignored that order. we have not heard back from the owner of the company who happens to be out of the country right now, cal osha is investigating. they don't expect to have results from the investigation for four to six months. reporting live in milpitas, bob redell, "today in the bay." >> san francisco police need your help solving a possible kidnapping. police received calls that a woman was attacked and forced

into a maroon land rover near bay shore saturday around 3:15. the suspects, two men, the woman is unidentified but wearing a red hoody. any one with information is asked to call san francisco police. >> berkeley police are offering a $17,000 reward for information leading to the arrest in the city's first homicide of the year. kenneth warren was shot to death thursday night on shattuck avenue. it was not a random shooting. >> homeless activists racing a red flag about banning camping. the board will meet to talk about the ban in the castro district. the proposal would prohibit pitching tents without a permit. they say it targets the homeless and is unnecessary because of existing law.

>> mayor kwan is pulling out all of the stops to protect the city from violent occupy protesters. she plans to talk to leaders of the national occupy movement and ask them to talk to their oakland counterparts the mayor says the recent violence is being spurred by a splinter group. the city is also looking at stay away orders for some of those occupiers. but that would need a court order and would subject protesters to fines and jail time. as many as 400 people were arrested saturday night when protesters vandalized city buildings including city hall and a ymca. >> 5:04. police are looking into a rare home invasion robbery in an up scale bay area neighborhood. the palo alto weekly reports an armed robber stole more than $300,000 of jewelry and watches from a home on actorton avenue on friday night. this all happened in atherton.

police are still looking for the robber. >> after a weekend of drunken violence walnut creek police say they will increase weekend patrols in the downtown and more officers will be on the streets thursday, friday and saturday nights, some under cover. the move sin response to weekend violence that ended in nine arrests. one man was severely beaten and officers suffered injuries trying to break up fights. a plan to give city leaders more control over bars and restaurants is also being considered. >> new this morning south san francisco company will be fined by the environmental protection agency. columbus foods has agreed to pay $700,000 in penalties and $6 million to update its refrigeration system. the company's refrigeration system failed releasing clouds of hazardous gas. 17 people were hospitalized. >> republicans in florida will head to the polls in a few

hours. the latest polls show mitt romney with a commanding double digit lead in the sunshine state. newt gingrich is his closest competitor. gingrich has vowed to keep fighting until the summer gop convention. later we'll go live to tampa. >> plans to expand facebook will get a public airing. menlo park council will hold a special session to talk about the maximum number of employees allowed at the new facebook campus. neighboring communities are concerned about the impact facebook's interest in expanding across the bay shore expressway. the public will be allowed to speak at tonight's meeting at city hall. >> san ramon's central park community center will remain closed because of a water main break. the pipe burst yesterday about noon forcing crews to shut off water to the center and nearby central park. repairs will continue today and then everything should be back to normal tomorrow morning.

>> the heart of wine country's talking about placing a temporary stop on new vineyard projects. the board will talk about a four-month moratorium on projects that require removing trees on hills and ridges. the county is concerned about erosion. the moratorium would give leaders more time to come up with regulations for hillside projects. some wine makers are upset they were not consulted about the proposal. >> when you head out the door you'll notice a little mist in the atmosphere. let's check the forecast with meteorologist christina loren. >> nice way to say puffy hair. >> don't even bother with. i like to lead by example. we're looking good except for the drizzle. that's the only caveat for the perfect forecast. temperatures abnormally warm. then we continue that warm-up as we head through the weekend. look where we are now. just about as mild as we were yesterday at this time. san francisco at 53, at 49 in san mateo, 50 in san jose.

as we head throughout day today we're going to see the drizzle but mostly 50s to start, we'll make way to plenty of 60s. as we head throughout tomorrow we're talking about a few showers on the radar. i'll show you that when we get to your seven-day forecast. for today let's stick to the here and now. by about noon you hit 60 degrees. inland and by the water. so really, not a lot of separation in terms of your temperatures because of that full deck of clouds. 61 degrees at 4:00 by the bay, 64 inland. i've got the seven-day forecast. i'll help you plan your super bowl party. mike inouye, you want to wager? >> yeah, every year. i'm not sure. 6-year-old. huddle. to the roadways, 680. northbound, past the al costa area. that will continue in both directions for the next hour. obviously slowing is not an issue though one and sometimes

two lanes are closed overnight for the construction. over to 580 and the tri-valley. livermore valley commute, 14 minutes out of the altamont pass over to the same dublin interchange. over the hill into fremont. a live look, there we go t headlights moving from fremont in through sonoma. what you notice are the glowing lights. there is moisture in the air, the mist might be a factor. san mateo bridge not a problem over the water. an easy job despite that. >> thank you. 5:09. a fremont teen among the select few who got to hang out with the president. john kennedy high school senior adam clark was among five people allowed to join the conversation with president obama and a google plus hangout yesterday. he says talking to the commander in chief is a high point in his life. >> we did it kind of as a joke at first, but you know, i guess

it wasn't a joke in the end. it was the most viewed video for the education department and we got called up and e-mailed by the google people, said would you like to do it and jumped all over and said we would love to. >> of course they said that. clark asked the president for advice about keeping college costs down. the president told him to pick a career with a strong job potential, something some college students don't always consider. >> no kidding. very cool. 5:10. coming up why some people may have to wait a while for the irs refunds. we'll have details in a live report. >> a former bay area journalist kidnapped by somalia pirates. >> the controversial plan that could mean your missing pet would be put to death before you could claim him. >> a look at the golden gate bridge toll plaza. the roads are dry. >> we're all over facebook.

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>> are you awake yet? here is a live look of san jose. still dark, still early on this tuesday. it's 5:13. >> check this out. the disclaimer before they begin. thousands of competitors showed up in england yesterday to run through fire, swim in freezing water, and crawl through barbed wire. the ultimate goal is to be named 2012's tough guy. the annual charity event was started 25 years ago by a former member of the military. this year's winner was a doctor from germany. not only tough but smart. >> macho men. >> who knows if he's available. >> i would like to know.

>> what's going on with the weather? >> you would win the tough woman contest. maybe there is a match setting up. she's got guns like you've never seen. if you are getting ready to head out the door, go for a jog, we've got mild conditions. it's not frigid. rather comfortable as you make your way out. and we're going to stay mild. grab a jacket in livermore. we have showers on the way. we stop the clock at midnight, and you can see showers will roll through between midnight and 5:00 a.m. wednesday. not a lot. in fact, we're not going to see much to the south of the golden gate bridge. 9:00 a.m. the chance for rain, yeah, we're done with this. so we're going to get a little shower activity. we need whatever rain we can get at this time of year because it's been so dry. so, we'll take that and track the showers for you when we are back here. 55 in san jose. about 66 in milpitas and 64 degrees in castro valley. uniform conditions because of the full deck of clouds. 58 in pacifica, 62 in san

francisco. so, not too much cooler right by the water than what we see inland. through the next three days we start to warm up. thursday, 65 degrees inland. making way to 68 degrees, sunshine for friday, offshore flow brings temperatures up more so saturday. 70 degrees. that's your day for outdoor activities. you could get there at about 11:00. maybe 12:00. and temperatures will be in the upper 60s. so that's going to be a fabulous day. we hold on to the warmth and sun as we head through super bowl sunday which you can catch here on nbc bay area. let's see if the drizzle is impacting with mike inouye. >> good morning. folks at home, that's a good note. there will be drizzle that christine is talking about or mist on the windshield. you might see slicker roadways just a little bit here and there so keep that in mind. here we have a disabled vehicle southbound 101 as you pass by tully, reports are the car is sticking out in the slow lane so stay to the middle lane.

no problems for the northbound speed sensors looking nice heading out of san jose, south bay through mountain view and palo alto. the off ramp from 101 clear early so a nice flow of traffic and no interruptions for on and off ramps or 101 or 280 through menlo park and san mateo smooth through 92 and across the water for the san mateo bridge. the bay bridge also moving smoothly. we have a construction crew on the lower deck but no slowing. and nice easy drive on the approach from the east bay. we'll get a live look and show you what things are like for oakland. 880 fast coliseum, steady with the volume of traffic. we'll see this kick up over the next half hour because it is a traffic tuesday, we'll see a lot of folks on the road. >> mike, thank you. 5:16. the markets showing small signs the economy may be on the road to recovery. we turn to jackie deangelis live at cnbc world het headquarters.

good morning. >> good morning, marla. futures are higher after wall street closed monday with mild losses as well and well off of its lows for the session. tech and telecom stocks helped lead the way back offsetting concerns about europe's debt crisis, portugal where bond yields have soared making it harder for the government to borrow. the asian and european markets are higher. and data in the u.s. on labor costs and consumer confidence, also in terms of earnings, there are earnings reports today. some companies have come out already. the dow slipped to 12,653 t dow is still on pace for its best january since 1997. the nasdaq lost 4 points to close at 2811. states are set to decide this week whether to sign a settlement with big banks over mortgage abuses including money to help struggling homeowners reduce the principle on loans and compensation for people wrongly foreclosed upon.

the final value of the deal depends on which states it includes especially those hit hardest like california don't join. if you have filed your taxes you may have to wait about an extra week to get your refund. the delay is caused by new safeguards the irs installed to help prevent refund fraud. the delay is only limited to people who file their federal tax returns before january 26. that's it from us here at cnbc. back over to you. >> jackie, thanks so much. >> a former bay area journalist is a captive of somali pirates. michael scott moore was reportedly abducted while researching a book on pirates. the "l.a. times" reports he was on the way to the airport when he was grabbed by 15 men. his captors have threatened to kill him if a ransom is not paid. >> governor jerry brown's plan to revamp a law meant to protect

stray animals is drawing criticism. the governor wants to repeal a 1998 law that requires shelters to hold dogs and cats for at least four days before 3 can be euthanized. over the past week more than 5200 people signed a petition against this. brown's administration says it's a money issue. the current law costs the state about $23 million a year. >> people are passionate about their pets. >> it's part of the family. >> coming up a bay area police department stepping up to try to bail out its city out of a budget nightmare. >> new worries the west nile virus could spread through the bay area. >> a lot of symbolic questions about about facebook's ipo filing. it's such a tough...

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>> a look at behind the scenes in our nbc bay area control room. it is about 5:22. >> the nerve center there. 5:22. a new warning, the warm weather may increase the number of mosquitoes carrying the west nile virus. with new restrictions on fogging pesticides agencies say they lost a critical weapon that helps keep mosquitoes population low. vector control specialists say the regulations are too strict because there is no evidence the low volume spraying is harmful to people. they are worried about the pesticides. the virus could spread. >> police are getting ready to make a sacrifice for their city. officers will attend the city council meeting to show support for a new labor contract. the contract means the police officers association could contribute up to $2.4 million more in pension costs. under the plan top officers

could pay almost $900 more per month in pension payments. >> with facebook filing around the corner business reporters have a big question. scott mcgrew, it's symbolic. >> it is. that's what symbol facebook uses on the stock market. you have google. it's goog. certainly almost certainly going to be facebook. but i have a list. a couple of other possibilities. you would think face, but that was already taken by a medical company. then this one, fcbk. that looks wrong. poke is available as is like. and there is also zuck. used to be the only way to get a four-letter symbol was trading on the nasdaq. that is no longer true. the new york stock exchange will allow four letters. they are no doubt batling for facebook.

one of the recent ipo is making news, zynga. people who bought after the ipo are finally in the black. you know who this is, joe green, and he's one of mark zuckerberg's roommates at harvard who helped code some of the original projects. green would have been one of the original partners on facebook except he said no thank you. zuckerberg and green had gotten into trouble for coming up with a website that showed girls on hotness. his dad said this mark guy, he is no good, bad news, stay out of this facebook thing. joe has no regrets. he started a company called causes that helps people and charities. but did not get in on the original facebook. >> that is fascinating. >> no regrets? that's tough to believe. >> about 400 million regrets.

>> i'm with you on that. >> thanks so much. >> still ahead on "today in the bay," making the cuts official. oakland getting ready to vote on a plan that would put dozens of people out of jobs. >> i'm meteorologist christina loren. i'll let you know when the next best window for light showers in the bay area arrives and a big time warm-up in time for the weekend. >> you are just in time for slowing for 580. that's kicking in. i'll show you another early indicator for what your morning commute will likely be like. >> we'll see if traffic is picking up here at 880 and oakland as well. hey guys, breakfast!

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of killing his parents prepares to make his first appearance in court this morning. >> the san jose teacher accused of molesting his young students expected to enter a plea today. >> a live look outside from the east bay this morning. it's the last day of january. tuesday, january 31st. this is "today in the bay." >> good morning. thanks for joining us. 5:28. i'm laura garcia-cannon. >> i'm marla tellez in for jon kell kelley. can you believe it only 11 months left in the year after today. >> wow. >> meteorologist christina loren. >> this year is flying, isn't it. good morning to you. we want to get you out the front door, give yourself plenty of time. it's mild out there but you'll likely encounter slick roadways as we've had a pretty steady mist for the past hour, especially along the peninsula and near the coast.

throughout the day today another gorgeous day shaping up. we've got a warm-up on the way and some showers in that seven-day forecast. we'll sort it out. let's check your drive. >> good warning about the mist. heed that warning because especially the surface streets and off ramps could be slick. or at least more cars. we have more cars. so highway 4, heavier volume kicking in. this is usually an early indicator of whether or not you travel through this area, this volume here shows what it's likely to be like today. we expect good slowing for many parts over the next half hour. >> thank you very much, mike. 5:29. a south bay construction site is blocked off this morning after a worker is buried alive. bob redell joins us live in milpitas with what's amazing to me, this may have been prevented. >> reporter: prevented, it shouldn't have happened according to the city, which is

one reason why milpitas police is considering criminal charges though they have not said yet whether they will file charges against the contractor who is building a small mansion in the cal a various ris ridge estate. this is where a worker was crushed to death saturday afternoon. the man, a 37-year-old carpenter, had been doing woodworking in a trench dug into a hillside when a wall of mud collapsed on top of him. to give you an idea how unstable the ground was, it wasn't until late last night that the coroner was able to remove his body because the conditions were so unfaf. the city of milpitas tells us that no one should have been working in the trench because last wednesday the building department issued a stop work notice. they said recent rains and the lack of shoring made the hillside too dangerous. >> to stop the work and don't do construction. they ignored that stop work

notice. >> reporter: the city says the they is the contractor, u.s. investment out of fremont. we have tried to reach out to the owner, have not heard back. it's our understanding that he is currently out of the country. cal osha is investigating. they tell us they expect it will take four to six months to come up with the results. reporting live in milpitas, bob redell, "today in the bay." >> thank you. a teenage boy accused of murdering his parents is scheduled to appear in an oakland courtroom. the 15-year-old is suspected of killing the couple friday. police found robert kamin and susan poff in their partly burned car outside their oakland home. a relative says the adopted boy changed after playing violent video games and hanging out at occupy oakland camps. >> they got him when he was 6, and he had been in foster homes. he escaped from his original parents like when he was about as young as 3 years old.

>> the alameda county district attorney says the teen is expected to be arraigned as an adult during today's appearance. >> the suspect accused of killing a vallejo police officer will return to court this morning. henry albert smith jr. will have a preliminary hearing date set. he's accused of killing an officer, the 19-year veteran shot chasing the suspect. smith has pleaded guilty to charges including murdering a police officer. >> a teacher will be in court answering to charges he sexually assaulted two children. craig chandler taught second and third grade at whaley in san jose. prosecutors say he sexually assaulted two students on school grounds between august and october of last year. chandler will be arraigned this morning. >> health care workers at one of the biggest hospital groups are getting ready to walk off the job.

christie smith is live in oakland where thousands of kaiser permanente nurses are staging a one-day strike. good morning. >> reporter: good morning to you. i spoke with a manager here at kaiser permanente in oakland. he tells me they are ready for this. they have the tape set up on the sidewalk to make sure any one who needs to get in, who needs care, can get by. they have got a 10-day notice they say from the union that this would happen. the union involved saying this could be one of the largest one-day strikes ever for kaiser permanente over a contract dispute with mental health and optical employees. the union has about 4,000 members, but two other unions including the california nurses association have agreed to strike with them in sympathy. they have got about 17,000 members. a manager is saying that he believes in northern california this will be about 6,000 workers on strike. those workers are saying that their health and retirement benefits are being cut.

kaiser says they are dealing with their second walkout since september and it's expensive. >> this is going to be we hope a one-day work stoppage. we're not going to lock out the nurses. our last strike that occurred in september we spent $14 million on bringing in replacement nurses to take care of our patients and our members. >> reporter: i checked the union website and it looks like they have picket lines at kaiser locations across the bay area. again, this starts at 7:00 in the morning and then goes till tomorrow at 7:00 a.m. kaiser does have replacement nurses and managers working today so they say that for the most part it will be business as usual if you need care. reporting live in oakland, i'm christie smith. marla and laura, back to you. >> 5:34. oakland city leaders will vote on how many jobs they have to cut as the city loses millions

in redevelopment funds. workers showed up to fight to keep their jobs. 2500 employees received layoff notices earlier though less than 100 are expected to actually lose their jobs. >> google's commuter buses have some parents complaining. the larger buses carry google employees from los gatos to the mountain view headquarters. the buses stop in bike lanes and workers fill up the sidewalks, forcing kids on bikes to ride in the street to get around them. police say they are working to solve the problem by having google puss pull into a parking lot instead. >> you probably want to know what the forecast is. let's get to with it meteorologist christina loren in our new weather center. >> good morning. should be a pretty nice day google land. i seriously considered putting them on the temperature map. it is mild. 50 degrees in san jose, at 51 in sunnyvale and 43 up in santa rosa. we're starting out mild but

we'll see limited sunshine for the first part of the day. noon before we get full sunshine down through the south bay. it all works out like this. at the cost, the bay, almost uniform conditions. by noon, holding on to the 60s, rounding out the day in the upper 60s in some bay area cities. inland, 64. if you want to hit the beach today you probably have to wait until 2:00 p.m. before we see the sun at the san francisco marina. certainly a great day to watch the water. hard to believe the last day of january and we're talking about 60s, then 70s when we get to the seven-day forecast. i'll talk about that and our next chance for rain. 5:36. any problems throughout? >> no major problems but little things as more cars hit the road, more chance for things to happen. we have slowing because of the volume out of the altamont pass. it's tuesday kicking in on schedule. but it may be a little worse as

you head toward greenville. there is slowing into livermore. through livermore and pleasanton smooth toward that dublin interchange. we have slowing before antioch, building typical here, the sensor right around l street and the approach in the 20s. it will build through pittsburg and bay point. the 59 coming down a bit. we'll look at the approach to the bay bridge. no major problems approaching the maze. hercules to richmond a smooth drive. should see that slowing in about 45 minutes. as the build continues and a little flowing on the lower deck. back to you. >> thank you. 5:37. polls are almost open in florida. up next we'll go live to tampa for a look at how the primary race is shaping up there. >> a new confession of guilt. what one man has to say about the death after marine. >> a major step forward as san

francisco prepares for the america's cup. >> a live look that is san mateo bridge, highway 92. ahhh. so soft. time out. sweet. [ female announcer ] with charmin ultra soft, you can get that cushiony feeling you love while still using less. charmin ultra soft is designed with extra cushions that are soft and more absorbent and you can use four times less versus the leading value brand. ♪ ah. [ female announcer ] we all go. why not enjoy the go with charmin ultra soft.

>> welcome back everyone. a live look outside. all quiet now. it will light up tonight. 5:40 right now. >> salvage crews are on board the capsized "costa concordia" in italy this morning. crews were on the ship yesterday but were pulled off because of bad weather. the rough seas also delayed the removal of some 500,000 gallons of fuel from the ship. crews will try again today as many as 16 people are still missing. 17 bodies have already been

found on board that ship. >> state lawmakers will take one more shot at reviving the three strikes law. if lawmakers fail to pass ab 327, the bill will die for a year. it would require defendant's third strike be for a violent felony. proponents say revising the law would reduce prison sentences and save money. opponents say it dilutes the intent of the law. >> a federal judge is blocking california's health care cuts to the poor. the judge ruled to temporarily block a 10% cut to payments medical providers get from serving medical patients. advocacy groups applaud the decision saying the cuts would have made it difficult for poor to get health care. the cuts were approved in october to help the state balance the budget. >> 5:41. a prestigious college is under investigation for inflating test scores. "the new york times" reports an

administrator at mckenna college admitted to sending false s.a.t. scores to "u.s. news and world report" to rank the colleges and universities. the administrator resigned his post. the s.a.t. scores were inflated 10 to 20 points. the school is ranked the ninth best liberal arts college in the country. >> 5:42. i want to get a check of the forecast with meteorologist christina loren. >> let's get you out the front door on a good note. we have comfortable conditions. give yourself ample time because drizzle, a little mist courtesy of low clouds. they aren't going to last all day. more sunshine the second half of the day than yesterday. yesterday was a cloudy dreary day. today we'll see the sun by about noon. temperatures running mild, 50 in san jose, 43 in santa rosa, and 47 in fairfield. so much warmer than our seasonal averages. this afternoon we'll be about as

warm as yesterday. let's talk about our next best chance for rain. we stop the clock at midnight. between midnight and 5:00 a.m., maybe sures, sonoma, also maybe a little bit of light precipitation over the peninsula, san francisco and oakland. but we lose the rain chance by about 9:00 a.m. mostly cloudy conditions. then the sun will be out for the second half of the day as off shore flow starts to kick in. it's the off shore flow that's going to bring us into the 70s. i'll tell you in a moment. 65 for morgan hill. 66 in milpitas. about 64 degrees in pittsburg. and looking comfortable in the north bay, sonoma, 63. the next three days we're going to lose the cloud cover by thursday, starting to warm up. 65 degrees, really nice friday. up to 68. then saturday and sunday as a super-duper weekend setting up with temps in the upper 60s and mid-60s for monday. back to you guys. >> thank you very much. it's 5:43.

one of three -- well, we'll get to that story. i think we're going to florida right now? okay. in a few hours we're talking about the polls opening in florida. mitt romney has a double digit lead right now against newt gingrich who apparently, though, is gaining ground. want to check in with tracie potts live this morning with more on the florida primary. good morning. >> that's right. good morning. it depends on which numbers you look at. the polls are open now but we can look at the half million floridians who already voted. and the exit polls there are showing us that they favored mitt romney 2 to 1. that seems to follow our own nbc poll and several others that give him a double digit lead in the sunshine state. but a couple of other polls over the weekend show newt gingrich perhaps gaining some ground on the front-runner mitt romney. gingrich only 5 to 7 points behind in those polls that came

out over the weekend. the big issue in florida has been the advertising. it has saturated the airwaves here. mitt romney and his super pac spent almost $16 million on ads, most of them against newt gingrich. gingrich outspent 4 to 1 in terms of advertising. one of the questions that florida voters have been answering with their vote today is who do they think can beat barack obama. gallop did -- mitt romney turns south about even with the president but newt gingrich is about 14 points behind. >> can't wait to see how it turns out. tracie potts live in florida. >> if you are getting ready to head out the door let's check the roads with mike inouye. >> good morning. folks at home, the roads are all right. christina has been talking about a mist all around the bay so that may be a factor on your commute. especially before the sun comes up and especially before the

bulk of the traffic has time to dry things out. a smooth drive southbound 101. an earlier stall has not completely cleared so i'm going to say there may be flashing lights but speeds are not an issue. out of the south bay, a smooth flow as well. for 101, a nice drive down the lower bay shore, out of the san mateo hills down into the south bay for 280 and 101. a nice drive around the interchange with 92, on the peninsula side getting over that ridge and pretty much all of the bridges a smooth flow. to the golden gate bridge, as an example as well. there is glow to the lights but you can see them across the span so low clouds but fog is not an issue. the bay bridge shows a little slowing eastbound getting out of san francisco, really just from treasure island to oakland side. there may be construction crews moving at this time and they should be clearing as they are for 680 down through the area

between sycamore valley road, scattered along the area and they should be clearing. we're also looking at a nice flow out of the altamont pass. the earlier issue around greenville, that is not there, it's further back in the center divide. as far as the main bulk of the tri-valley commute just the typical 15 minutes and the traffic starting to build. back to you. >> thank you, mike. 5:47. one of three marines linked to the death of a south bay marine has admitted guilt. lance corporal jacob jacoby pleaded guilty to charges of punching and kicking harry lu for failing to stay awake during guard duty. lu's suicide was blamed on hazing. jacoby will serve 30 days and be demoted. the two others have yet to enter pleas. >> san francisco leaders are suing two markets in the tenderloin neighborhood. they say the stores are havens

for drug dealers and shoplifters who resell drugs from a nearby walgreen's. a worker at one market denies the claim. >> san francisco is headed back to the drawing board after a plan to place parking meters on the east side was met with outrage. muni wanted to put uf 5,000 meters. transit leaders backed off after the public outcry. >> san francisco mayor ed lee will break ground on a new cruise terminal in san francisco today in preparation for the upcoming america's cup. the mayor will be at the james r. herman terminal this morning. it will be an 88,000 square foot, two-floor facility. the 34th america's cup will be in 2013. it's expected to bring millions

of people and more than $1 billion to the area. >> stanford sufrt getting a huge donation from the head of one of the biggest women's magazine. cosmopolitan editor helen gurley brown is giving $30 million to stanford and columbia university. the money will help create a media lab. brown's donation is in honor of her late husband who graduated from both schools. >> 5:49. coming up senator dianne feinstein goes high tech after being pressured by a political competitor. >> the bay area city thinking about jumping in and joining the occupy movement. >> predicting the superalced.ah. from any angle, with no mess.n [ male announcer ] icy hot spray. relief that's icy to dull pain, hot to relax it away. and no mess. icy hot spray. don't mess around with pain.

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>> good morning. welcome back. here is a live look at highway 92. aka the san mateo bridge. traffic picking up. we'll check the commute in a minute. 5:52. >> the federal government is stepping up efforts to track down parents who fail to pay child support. once the parent owes more than $5,000 the feds get involved. a new website is being used to find the worst offenders. >> you are talking about a willful intent to avoid paying for your children, for their livelihood, for providing the basics that they so deserve. >> among those listed on the site, former oakland a's first baseman troy neil. he was tracked to an island in the south pacific. he is now paying more than three quarters of a million dollars. the site is oig.hhs.gov. >> the city of berkeley is considering moving its money to

protest big banks. some city leaders who want to cancel accounts with wells fargo in favor of smaller community banks. the move is in reaction to wells fargo's alleged role in the mortgage crisis and in response to occupy protests. the council will talk about the idea at a meeting tonight. >> senator dianne feinstein joined twitter though she is yet to issue that first tweet. she joined after a gop challenger accused her of being out of touch with voters. until sunday she didn't have a twitter account. she has a facebook but hasn't made an update since october 2010. >> the new york giants will win the super bowl by a field goal, so says the x box. >> right. the programmers in redwood city have run the super bowl through the x boxes and they call this work, they determined indeed the game will be tied in the last few seconds of the fourth

quarter, 24-24. and then there will be a field goal to put the giants up by three. ea predicts correctly on the super bowl more often than not. i can't swear on a stack of bibles this is true, i'm trusting a sports radio station in houston and a twitter user, here is the story. a guy in tennessee buys super bowl tickets for his girlfriend, he contracts cancer, and she breaks up with him. then he finds out she -- she finds out about the tickets and says you know, i'd like to have those and he says absolutely not. so he posts on twitter, working on a special way to announce the winner of win my ex's super bowl tickets. he never did explain and jason found a winner this morning. this is also by the way causing a problem for another guy in reno, he's on twitter. he has no super bowl tickets and he says he has a very nice

girlfriend. yeah. >> is the super bowl on sunday? now that the niners aren't in it. >> sunday. >> on nbc. >> here on nbc. >> yes, it is. >> we'll be watching. >> a lot of interesting jobs around the bay area. there is a new listing that is in the bay. take a look at this. east brother island is looking for two people to run its bed and breakfast. the island off the richmond shore has an old victorian light house. 30 years ago a nonprofit group converted the building into a guest house. the current innkeepers have given notice and are looking for two new people to take the place. >> has to have a coast guard commercial boat operator's license to ferry the passengers out and back. and at least one of them has to be a really good chef. this isn't one of those you come and check in and decide where you want to go out to eat.

you know, once you're here, you're here. >> i can make a mean scramble. applicants need to do some cleaning, have hosting skills and maybe even a taste for history. the perks include spectacular views and the chance to operate a steam powered fog horn. >> sounds like a good gig. 5:56. still to come, oakland mayor jean kwan trying a new tactic to calm down protesters. >> what walnut creek is doing about downtown violence. >> i'm meteorologist christina loren live in the nbc bay area weather center. looks like we'll see a few showers, i'll tell you where and when and if you want to fire up the grill with friends and family this weekend, you'll be able to do so. your full forecast coming up. >> then you start up the engine, keep in mind you might have to wipe off the windshield. michigan around the bay area could cause an issue. 880 not a problem through oakland. >> a live look outside from the south bay. a tad warmer out there.

>> reporter: new this morning in one hour thousands of workers are expected to walk off the job at kaiser permanente hospital location across the bay area. i'll have that story coming up. >> reporter: police are considering criminal charges after a man is crushed to death on a construction site in the south bay. that report coming up live from milpitas. >> the polls open two hours ago in florida, does mitt romney have the primary wrapped up? we'll take a look. >> here is a live look at the golden gate bridge toll plaza as commuters make their way in to san francisco on this tuesday,