knew new this morning, the oakland mayor is set to deliver the state of the city address. i'm christie smith, i'll have the story. coming up. what's next for prop 8? a federal appeals court overturns the controversial ban on guy marriage. but it's not over just yet. where the case goes from

80 job oh cuts. some of the most feared service cuts were actually spared, and then just last night, the council failed to pass a resolution aimed at stopping protesters from disrupting work at the port of oakland. and they got an earful from occupy oakland supporters in the crowd last night. this needed five votes to pass, but in the end, it only got four. the state of the city address is scheduled to start at 7:00 tonight. doors open here at city hall at 6:30. reporting live in oakland, i'm christie smith. john and laura, back to you. >> christianity, thank you very much. >>. mayor kwan is condemning another attack by anonymous. the group pulled personal information off the website, including addresses and phone numbers and posted them on the

web. >> they got the families and homes because these terrorists are posting their information on the internet, in an effort to tell them how to get their job. >> the activists say the protests are over the treatment over the demonstrators. it will not be the final word. a panel of judges on the ninth circuit court of appeals saying proposition 8 is unconstitutional. last night there was celebration in the district's castro district. guy rights groups know at this point this is only another step in their legal journey that will likely end with the u.s. supreme court. legal analysts say there are still many options. >> the prop 8 backers would ask for a review by the entire ninth circuit. but if that doesn't go forward, they then would seek review in the united states supreme court. but if the united states supreme court does not hear the issue, then it won't go back to the ninth circuit for further

proceedings. the three-judge decision would take effect. >> and while the court says prop 8 is unconstitutional, it also continued its stay on same-sex marriages. the man accused of groping four women will return to court today. michael escobar is scheduled for a pretrial hearing. the 21-year-old is charged with five counts of battery and sexual battery for ely allegedly assaulting women in their rooms as they slept. san francisco sheriff returns to court this morning in another attempt to see his 2-year-old son. he will be in family court asking a judge to modify a stay-away order that prohibits contact with his family. the order stems from misdemeanor domestic abuse charges he is facing after bruising his wife's arm in a new year's argument. prosecutors are asking the court to allow he and his former girlfriend to testify. she is also accusing him of violent behavior. the trial is scheduled to begin

on february 24th. it is 4:35 right now. two women kidnapped at gunpoint in egypt expected to return home sometime today. patty esperanza and norma supa were with a christian tour group when arms tribesmen abducted them. that sparked a search by the military and after several hours, the women were finally released. they say they were able to remain calm and they are looking forward to returning to egypt in the future. well, we're learning more about the 3ed of shooting an off-duty customs officer in newark. neighbors say dennis bagwell is in the management department -- excuse me, here. is an opposetician and the manager of an apartment building in the piedmont oakland border. this is a photo of the optical school's website where he also

teaches. people who know him say they are stunned he is a suspect in this case. >> wasn't enough. but he's not here that much. >> they know that he's very kind and a caring man. and i can't believe it. >> well, police arrested bagwell during a traffic stop in union city after hours. the shooting outside the newark home of the customs officer. now, what happened and why he shot the federal officer is still unclear. the family of the wounded man has asked no information at this point be given on his condition. it's 4:37 right now. want to check the forecast with meteorologist christina loren. >> we see plenty of afternoon sunshine. good morning. let's start with your visibilities. we are dropping off as we speak. we are going to get worse in terms of visibility before it gets better out there this morning. but we get to your future cast and i'll show you how quickly that fog is going to clear. three miles visibility. in livermile, santa rosa, you

dropped off, as well. make sure you have plenty of time to reach your destination safely, especially if you're taking your little ones to school this morning. by 10:00 a.m., mid morning, we are going to see the fog clear the bay area as high pressure moves in quickly. and that's going to make for comfortable conditions today. temps in the 60s by noon, inland and by the bay. cooler at the coast today, 59 degrees as you break for lunch there. but, hey, as we make our way home from work, 65 degrees at 4:00 p.m. some cities hitting the 70s today. i'll tell you where, and when rain returns. that's on my seven-day forecast in my next report. first, 4:38. let's check your drive and see if that's being impacted by the fog. >> undoubtedly, it will be. we don't see any major slowing because of that, but we -- visibility gets hit with low fog, tough to see. san jose, not seeing so much right now. but we do have a couple accidents. northbound 101, right around tully road, an accident recently

cleared off the reports. but we have that activity there. and there may still be debris as a result of that earlier accident. i know for a fact there is debris over here as well further north at the trimble off-ramp. there was an issue there affecting both the on and off ramp as a car smashed into something on the side of the road and there was debris affecting folks getting on to the freeway. 101 shows no slowing through the area and a light volume through the rest of the south bay. very clear right here. not so clear for all though. 680, we look at the traffic flowing and then clear flow as far as the road goes. but from time to time, you can make out the lights glowing. we do see pockets of fog and clouds drifting through the shot. right now, the top right of your screen, you can see those lights on the incline heading towards the fremont side, but disappear from time to time. not disappearing cars, but fog. >> thank you very much. 4: 39 right now. the man at the center of change in the middle east is talking about egypt and silicon valley social networking. he spoke one-on-one with bay

area's tech reporter scott budman. he is the 31-year-old google employee who gave the so-called arab spring revolution a boost with his face and a facebook page. >> this is i think one of the good things about social media. it sort of decentralizes the mainstream media. it removes the filters and the barriers to directly interacting with those who are creating or -- creating the news. >> he is on a leave of absence from google. he recently wrote a book called revolution 2.0 and is spending most of his time trying to help bring technology and openness to his home of cairo. 4:40 right now. still ahead, a santorum sweep. the gop candidate has a huge night in the race for the white house, winning contests in three states. how the victories are boosting his campaign. plus, pot club workers make history, becoming the first in their field to unionize. why they're doing it. coming up. and forget about waiting for

the waiter. just order on your ipad. the concept one restaurant chain is testing. we'll have that next. and for all your news, weather, traffic updates, check us out on facebook. just search nbc bay area news. we'll be right back.

welcome back, everyone. it is 4:43 right now. christina loren told us there would be patches of fog. we see some right there in san francisco. that is a -- kind of an

alluring, mysterious shot there. we'll let you know what's coming up on the weather and traffic. it is, as i told you, 4:43. >> and rick santorum has shaken up the gop race for the white house. former pennsylvania senator won the minnesota caucuses and missouri's nonbinding primary and appeared to be the winner of the colorado caucuses. a state mitt romney won four years ago. >> this was a good night for rick santorum. i want to congratulate senator santorum, wish him the best. we'll keep campaigning down the road. but i expect to become our nominee with your help. >> i don't stand here to claim to be the conservative alternative to mitt romney. i stand here to be the conservative to barack obama. mean time, newt gingrich says he is looking ahead to super tuesday in march. and ron paul says he's not given up. the gop race cools down for a few weeks now. next primaries don't happen until the end of the month. let's go to wall street now for a look at your business news. for that, we turn to jackie

deangelis live at cnbc world headquarters. good morning, jackie. >> good morning to you. the futures are higher this morning after markets posted decent gains yesterday. investors are more optimistic greece may be closer to reaching a deal on budget cuts. that's one of the conditions set by european leaders in order to get a new round of bailout money. mean time, ben bernanke told congress that even despite last week's strong jobs report, the labor market is still weak with unemployment above 8%. that suggests the fed will keep interest rates low for a while and may step in with some more stimulus. the dow rose 33 points yesterday to close at 12,878. the nasdaq adding two points to 2904. mean time, consumer borrowing surged in december, the second monthly increase, a sign that consumers may be feeling more confident about the economy. all types of gains, autos, personal and student loans, saw biggest increases. credit card debt rose 4%, which may be related to the holiday shopping season. and want your beer and wings

a little faster? well, order with the ipad at your table. buffalo wild wings is testing out the tablet in minneapolis. customers can order food and drinks and while they're waiting jump on to facebook or twitter. buffalo he wild wings hasn't decided whether to let customers pay with the ipad, although the device is equipped with a card reader. the chain may also want to include extra wet naps on the table as the ipads don't include protective screens and the waiters have to wipe them down after every use. that's it. back to you. >> all right, jackie, like to keep things clean. appreciate it. >> i'll use my own ipad, thank you very much. we've gotten rain this week, but we need a lot more to catch up for the past year. this is what it looked like at donor summit. normally this time of year, it's the driest ever recorded there. right now there's only a foot of snow on the ground. way below the average of 69 inches of snow pack from the years past. as far the total snowfall this year, donor summit has only seen

89 inches. the average for the year is more than 200. but i always talk to christina loren and she says not to worry. >> we're going to get more action as we head into spring. so we haven't seen all that much this winter, but we have more on your seven-day forecast. rain in the bay area will translate to snow in the sierra. but this morning, it's fog that we're tracking for you really, really thick fog in parts of the bay, especially at the coast this morning. but you're also dropping off inland this morning. you can see from the picture, san francisco. visibilities dropping like a rock. now you have less than a mile in fairfield, napa and santa rosa. and we're even dropping off here in the south bay. you also have that fog creeping in from the delta. so concord, very, very low visibility. make sure you give yourself plenty of ample time. ample time this morning to reach your destination safely. you can see by 10:00 a.m., we'll get sunshine and a really nice day. high pressure moving in quickly. that's going to bring your temperatures up towards that 70

degrees mark in many cities. as it continues to move in, we're going to get even warmer as we head through your thursday. and then friday, a little bit more fog in the morning will make for a cooler day. but hey, overall, staying nice and mild with highs in the mid to upper 60s. as we head through the next three takes, things don't change all that much. we're going to see highs in the upper 60s and also going to continue this trend of warmer than average temperatures for this time of year. it's just been an unseasonably warm winter so far and that continues all the way through friday. saturday and sunday, things start to change a little bit. we'll get a few north showers sunday night. and monday, a really good chance for rain over the greater bay area. about 40% right now. and it's still days away. so that's looking good for us. sun and clouds tuesday. back to you guys. >> all right, christina, thank you very much. okay. what do grocers, meat cutters and some medical marijuana workers all have in common? well, the answer is, they all belong to the same union in san jose. 30 medical cannabis workers have

joined the ufcw local 5, the first local marijuana union members in history. the union's contract provides the employees something they say they have never had before. >> i'm so proud. i can take care of myself. i do have a chronic illness, so i'm able to have health care, dental. i can eventually buy into a 401(k). >> local 5 is pushing hard for the statewide medical marijuana regulation control and taxation act. the act would provide statewide regulation and clarity for the industry. they will be supporting a huge signature gathering effort. 4:49 right now. a california lawmaker wants to cut college costs. a lot. the plan he is proposing to help middle class families. and if you couldn't get enough of her halftime show, well, we've got some good news. madonna coming here to the bay area. where you can catch her 2012 world tour, coming up. then, as we follow 880 up

through south bay and into fremont, a smooth drive now. further north through oakland, construction clears, and i'll tell you what's not clearing, coming up. [ female announcer ] with swiffer wetjet,

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[ female announcer ] swiffer. better clean in half the time. or your money back. welcome back, everyone. a live look outside.

look, can you see? yeah. >> a little bit. >> golden gate this morning, pretty foggy. we'll check in with christina in a bit. >> it could be good news for future california college students being introduced today in sacramento. state assembly speecher john perez proposing legislation to provide large tuition and fee breaks for families that earn less than $150,000 a year. he calls it the middle class scholarship. now under this plan, uc students would get more than $8,000 of a break each year while csu students would see a $4,000 savings. about $1 billion a year is needed to fund this program, and that money would come from eliminating the corporate tax break approved back in 2009. it will be closing time a little earlier at a walnut creek bar and grill. council members unanimously denied an appeal from the owners of the lift lounge and grill that would have allowed it to stay open until 12:30 in the morning. the council instead decided to roll back the bar and grill's

hours by one hour for the next 90 days. after that, the business can reply to extend those hours. the action comes as walnut creek police step up patrol of bars to curb some late-night violence downtown. >> talking job security now. the oakland as locking in top brass for another few years. general manager billy bean and president mike crowley all said to sign contract extensions to remain with the team through 2019. that according to bloomberg television. bean has been the team's gm since the end of the 1997 season and, of course, the subject of a movie "money ball" starring brad pitt. crowley took over as team president in 1998. >> pretty cool who plays in the movie. >> not a bad choice, pal. 4:54 right now. i don't know who would play mike. he's the one and only. >> thank you. they broke the mold. let's go to the roadways. highway 4, just off the water. christina is talking about the fog, so are we. so antioch and concord, highway

4, 684 likely to get effects of that fog over the course of the morning. the last few minutes, i have seen speeds dip below 50 westbound. your commute direction. likely because of lower visibility through the area. again, that is clearing up. and no fog advisories for the venetian bridges coming south out of the north bay. a smooth drive so far, speed sensors slowing approaching the bay bridge. the bay bridge the only official fog advisory from chp. you saw the earlier got shot of the golden gate bridge. oakland looks fine past the coliseum. a little slowing as crews clear around fifth to the broadway exit. we do have construction crews clearing over the next few minutes. but so far, no traffic breaks scheduled and no major disturbance. back to you. >> thanks, mike. some say her music makes people come together and guess what, it will right here in the bay area. >> we're talking about madonna, fresh off her super bowl halftime show. she is announced her 2012 world

tour dates. she comes to the bay area. ♪ >> oh, yeah. she makes the people come together, all right. madonna's 2012 world tour set to touch down the hp pavilion on san jose on october 6th. tickets go on sale at 10:00 a.m. on monday. they range from about $50 to $350. this is her ninth world tour highlighting songs from her studio album mdna which hits store shelves next month. i think i still have my concert t-shirt from like '87. >> so you've seen her live in concert. >> yeah, she is a great performer. >> mixed reviews overall. people liked the super bowl performance, but she came out on the heels, but i heard she had maybe an injury. but trust me if at 53 i can do back bends and cart wheels -- >> great moves for 56. ahead, gas prices are up. have you noticed? only getting higher.

we'll tell you what's driving those prices. and if there is any relief in sight. >> maybe i should just start driving to work with you. silicon valley seeing a major job growth with the biggest work force in more than four years. but it's not all good news. we'll explain, coming up. and for all your news, weather, traffic updates, check us out on facebook. just search nbc bay area news.

new this morning, the new group raising concerns about pg&e's pipelines. we'll have the details, next. and the u.s. takes aim at pakistan after another deadly drone attack is reported. good morning, i'm marla tellez. i'll have that story and a look at overnight developments, coming up. and i'm bob riddle. we'll take you for a live ride on your commute to find out why there has been so much pain at the pump recently. that story, coming up. and a live look at a foggy start this