>> new this morning prop 209, the affirmative action ban, gets another challenge. a live report. >> new developments in the death of whitney houston. why her daughter was rushed to the hospital a day after the singer's death. >> where's the bathroom? students at a concord high school say they can't find an unlocked bathroom between classes. why administrators are locking them. >> a live look outside the golden gate bridge. this monday, february 13th,

this is "today in the bay." >> i like that. soggy. good morning. happy monday. it's 4:30. i'm jon kelley. 4:31. >> the time is flying. i'm laura garcia-cannon. lots to get to. help ease you into the work week. let's check in with meteorologist christina loren. >> showers aren't going to help ease anybody into the work week. give yourself time to reach your tessty nation safely. this morning i think we'll see a slow commute. we have showers over the south bay across the bay area, light showers overnight. highways are slick and it's a little on the breezy side although the national weather service has not issued a wind advisory. mike is following that. >> that's right. so there's a distance of opinion though it's not a windy situation chp says be careful

because of situations like this across the bay bridge which has the advisory from chp. slick because of the drizzle at the bridge and around the bay area at times and we're seeing also the windy conditions, could combine for a problem commute no. accidents on the span but there is that shot. hope you took your dramamine this morning. >> the latest challenge to overturn california's ban on affirmative action will take center stage today. >> the lawsuit seeks to overturn prop which includes universities from considering race, sex or ethnicity. christie smith joins us where students will gather over 209. good morning. >> reporter: good morning. it is going to be a busy morning here at uc-berkeley. first i want to tell that you the occupy encampment has grown to nine tents. they set up thursday. another group of students will

be gathering here at this same spot. they will have a rally to support throwing out proposition 209 in san francisco, right before a hearing at the 9th circuit court of appeals in san francisco to try and restore affirmative action for minority and gender admissions into public colleges and universities. the ban was approved in 1996, the ban has been challenged many times but groups say they are encouraged by recent court decisions and support from governor brown. the complaint was filed by a group that said 209 violates the civil right of certain minorities that make up half of high school graduates but a smaller percentage of uc admissions. the american civil rights institute is defending 209 saying that applicants should be treated the same regardless of race, that hearing is at 9:00 this morning in san francisco. the group is going to gather here at uc-berkeley at 8:00. christie smith. back to you.

>> thank you very much. search crews back at an abandoned ranch near stockton. more remains were recovered. the searchers were directed to a well on the property where a serial killer claims to have dumped his victims. so far found pieces of a human skull and bones have been found in the area along with shoes, jewelry and a purse. death row inmate wesley shermantine and his killing partner are connected to as many as 20 killings. among the possible victims 9-year-old michaela garecht. >> it is 4:34. investigators are trying to figure out how a car ran off an overpass into a highway below. it happened near the interchange of highway 242 and 4 on sunday afternoon. 25-year-old died in the crash. officers say this type of accident is rare because the walls are designed to deflect cars back on the road.

the driver's name has not been released. a deputy is on paid leave after shooting a suspect. deputies went to a home yesterday afternoon to serve a search warrant. they say a man tried to get in a car to drive off, grabbing for a deputy's gun as he tried to escape. the officer shot that man who still managed to run to an apartment complex where he was arrested. a second man t one police were looking for, was also arrested. >> some students continuing the campaign to try to get bathrooms unlocked. students say only two sets of girls and boys bathrooms are open to the 1400 students. that brings a total number of toilets available to 5 for girls and two for boys and that number falls well short of what is required by state law. >> some people go in the bathrooms and they smoke weed or do inappropriate stuff, but they keep the bathrooms locked and it's unfair for the people who

have to use them. >> what do you do? >> me, personally i just wait till after school and go to mcdonald's or something. >> i can't focus in class if i need to use the bathroom. horrible. >> the principal hasn't said why the bathrooms are closed except during lunch breaks but a trikt trustee is told it's because of graffiti. we called the principal and other officials but have not heard back from them. >> the planned bay bridge closure for this weekend could be postponed due to weather. caltrans spent a half a million dollars to spread word about the closure but rain could delay the plan until the next dry weekend. if the weather holds up westbound lanes to san francisco from the east bay would shut down beginning at 8:00 on friday night and reopening early tuesday morning. eastbound traffic will not be affected. and during the bay bridge closure construction crews plan

to demolish part of the old bridge and start building the approach to the new span. we'll have updates on the planned closure and possible delays if they should change during the week. >> mother nature gave us a beautiful weekend, then it got chilly the rain started to come. meteorologist christina loren is here to explain. >> everybody says we want the rain we want the rain, then it arrives and nobody wants it. you know what, these showers are light, rather pesky. nothing heavy to report this morning. but we are going to see these showers continue throughout the day so unusually -- we usually see these clear by noon and we get sunshine. then usually long pattern for today that's what we have to deal with. mostly clear over the south bay. up to the north showers are starting to lighten up a little bit over the golden gate bridge and areas to the north. we've got this cell over san francisco, otherwise nice and dry north of the golden gate bridge.

we'll see these showers throughout the day. the temperatures nice and mild to start out on a monday morning g. morning in san francisco. about 53 degrees there. as we head through noon temperatures aren't going to climb that much. only in the mid 50s so you need that jacket all day. you want to keep that umbrella by your side. temperatures in the 50s, so we'll probably see lower than 55 degrees overall in most bay area cities. i'll continue to update you when we're going to see our next chance of rain. we have two more opportunities this week, that's in the seven-day forecast. let's check your drive with mike. >> still very early on this monday commute but we have issues to tell you about. the wet roads, not a deluge but enough to cause slick conditions. highway 4 looking all right. we did have earlier construction crews which should be clearing. i haven't seen slowdown on the sensors so i don't have indication whether they are actively leaving or getting picked up but no delays reported

through either direction between pittsburg and antioch. out of the altamont pass with the commute direction, 14 minutes, but eastbound heading out to is the sierra, interstate 80, there is a chain control over to the sierra. applegate is where they are starting to screen. we'll look at oakland, 880 moving nicely with a light volume. the camera is shaking a tad bit. there are gusty conditions from time to time especially as you reach the higher elevations so hold on. back to you. >> appreciate it, my man. the aids memorial quilt is home where the idea was born. it was 25 years ago aids activists began creating this quilt. each 3 by 6 feet, the same size as a grave and it's grown to more than 44,000 panels representing some of the millions who have died of aids. for many an emotional return and

reunion. >> it's very moving to see it again after all of these years, and to hear the names called out like that. and names you know, and all of the others you don't know who have been affected and the people who knew them. >> sections will be on display all week at five locations. events this week will be free but donations are more than welcome. money raised will go to bay area aids and hiv service organizations. >> it was an emotional night at the grammy awards as the music industry paid tribute to an icon. how stars were remembering whitney houston coming up. >> a protest planned against apple's chinese manufacturer. find out who is behind it. >> and president obama presents his budget for the next fiscal year. we'll look at some of the specifics and why republicans are already crying foul. >> for all of your news, weather and great things come over and check us out on facebook.

>> welcome back everyone. good monday morning to you. that is a beautiful picturesque shot. that's the embarcadero. lights and darkness as we wait for the sun to come up. we have weather, traffic, it's 4:43. >> a group of elderly activists will take on one of the largest tech companies and the raging

grannies will protest against what they call apple's labor abuses at foxcon. apple has been accused of violating labor laws. apple says it's looking into the allegations. today's protests will be outside the apple store in palo alto at 3:00 p.m. >> president obama takes his budget proposal to lawmakers today. the copies of the budget will be delivered to the senate and house budget committee. the budget calls for spending $1.3 trillion more than we take in. it ends the bush tax cuts for the wealthy and tax breaks for oil companies and buts all millionaires in the 30% tax bracket. republicans are demanding more cuts but the administration says that's the last thing the economy needs. >> we need to be on a path where over the next several years we bring our deficit under control. >> the proposed budget has

already sparked a fight on capitol hill. experts are predicting it's unlikely to pass before the new budget year begins in october. >> u.s. lawmakers get their first look at the budget this morning greece dealing with problems in in all of the fallout of budget cuts approved last week. protesters filling the streets over the weekend setting fire to stores and clashing with police. the latest round of budget cuts over in greece likely to have an effect on wall street this morning. we get the latest on this story from jackie deangelis live at cnbc world headquarters. good monday morning, jackie. >> good morning, jon. futures point to a positive open after the greek parliament passed a package that sent thousands into the streets of athens on sunday. this comes after the u.s. stock market finished friday with the biggest decline in 2012. boeing says the latest glitch in the dreamliner is not going to

slow production and the company is on track to produce ten by the end of the year. the vice president of marketing at boeing commercial airplanes told cnbc today at the singapore air show that boeing identified the problem with the shims which are used to close gaps. the issue will be repaired in a matter of days. back over to you. >> thank you for the update. we'll check back with you. >> i want to check in with meteorologist christina loren. she has a look at our forecast. >> good morning. overall we're looking cool, cloudy and quite a bit of rain. so getting a good taste of winter finally, better late than never. we have light showers coming down over the south bay. we're going to see light showers throughout the day today. all the way through about 6:00 p.m. areas to the north of the golden gate bridge you can see from the real time doppler radar starting to get a breakup there. the highways are slick and we have gusty winds so give yourself plenty of time.

the last thing you want is to be late. 53 in san francisco, 49 in san jose. as you can see we stop at 11:00 a.m. and we're going to have a little light activity through the south bay. the south bay will see the most moisture. you can see by 6:00 p.m. starting to lighten up quite a bit. getting a little bit of clear up over the north bay. cloudy over the south bay. we'll continue to clear out as we head throughout the day. temperatures today not on the warm side. 58 in santa rosa. bat 54 degrees and that's it for today in livermore. 54 in san francisco. 58 degrees in places like napa. as we head through tuesday, getting a little dry break for you lovers out there. showers on the way again wednesday into thursday. we'll get a dry break for the first part of friday, then late saturday into sunday more shower activity especially in the north bay. by sunday the showers over the greater bay area. >> thank you very much. the biggest names in the music industry honoring singer whitney

houston during last night's grammy awards. >> i just want to say in whitney up in heaven we love you, whitney. >> the ceremony turned into a tribute to houston with recordings and video clips and rendition of "i will always love you" sung by jennifer hudson. houston was found dead in a hotel on saturday. the coroner says an autopsy is finished but could still be months before we know how she died. >> i know there's reports she maybe was drowned or did she overdose. we won't make that final determination until all of the tests are in. >> at this point authorities do not suspect foul play in her death. we're learning houston's daughter was rushed to the hospital early sunday, sources say she was released after being treated for anxiety.

>> last night's grammy awards were weighed down by whitney houston's death there was a story of hope. >> one singer made an emotional comeback on the stage. ♪ there's a party starting in my heart ♪ >> adele gave her first performance since having vocal chord surgery in november. she took home the big three, record, song and album of the year. >> i can't tell you how i feel. it's been the most life changing year. >> amazing. adele's six grammys matched beyonce's wins by a woman in one evening. to fighter took home best rock album. also a bit of an upset in the new artist category bon iver. >> very emotional but i think everybody stepped up.

>> watch out when you are driving through school zones. a crackdown on drivers and students coming up next. >> a huge win for one golfer, a major disappointment for another. the results of the national pro am still ahead. >> an all-out feathered fight in downtown san jose. >> cue the slow-mo a. regular mo here for highway 24 a. nice drive to the bay bridge. we'll talk about what you have to watch once you get there.

>> welcome back. that's a live look at downtown san jose, the hp pavilion. the sharks were not at home but they lost out on the road to st. louis, 3-0. looking back together for those guys. traffic 18 matter of minutes. 4:53. the at&t national pro am is in the books and like old times it's tiger versus phil again going head-to-head. tiger woods did not have the kind of day he wanted. bogey after bogey, three over par on the final day though that was a nice shot finished tied for 15th at 8 under overall. the day belonged to phil

mickelson. he finished 8 under sunday to become the 2012 pro am champ. >> given that i felt lie game was ready, made me doubt it a little bit so coming in here i had a good couple of rounds at cypress and able to put together one of my best rounds of my career today. >> great day for phil. charlie wi had a chance to win. started with a three-stroke lead but faltered in the stretch, finished second overall. >> palo alto residents need to be more careful in school zones, police on the lookout for drivers and bikers who don't follow the rules part of operation safe passage. the police will be at target school zones watching for speeding, failure to yield, and seat belt violators. also watching students for breaking the rules with things like jaywalking and riding bikes without helmets among other

things. >> keep it together on the roads. we'll check back with mike to find out what's happening. >> good morning. a note, we had drizzle overnight all over the bay so slicker conditions are likely, especially the ramps. san jose hasn't showed problems and no major construction on the roadway and smooth drive for 680 through sunol to fremont as well as fremont south off of the dumbarton bridge, 84 and the san mateo bridge. a live look and see if we can for the san mateo bridge. you see the camera shaking indicating there is a bit of wind at times, at the high rise especially no. problems or advisories for the san mateo bridge. the bay bridge will have gustier conditions at times so hold on tight. back to you with a pretty smooth flow of traffic. >> we have some for you here. >> hang tight. normally unless i guess you really like to get down like this or hang out on the campus, a pillow fight not really

newsworthy. >> when it is in front of san jose city hall that's another story. feathers were flying sunday as a flash mob gathered for good old fun. the group announced it on twitter and facebook. 100 people show upd pied up pil hand. wonder who had to clean that up. >> looked like a mess. hopefully blew away. i don't know a good time. party. 4:56. a lot more to come. rain falling in several cities. we've got our eyes on the commute and how long the rain's going to last. >> new rules could come for party buses in one city. why some say the buses are becoming a hazard. >> another protest, another arrest, what sparked a scuffle between an officer and occupy oakland protester.

>> for your news, weather, traffic updates search nbc bay area news. >> and we mentioned rain out there, that's a look live at the golden gate bridge. might be slick out there so if you're going to be driving, slow n dowbuand it down and buckle up.

>> new this morring a bay area city taking another shot at cracking down on party buses. we'll tell you what led up to this plan. >> and greece's money problems means cleanup in the streets today. it's an historic day in washington state. good morning. i'm mar tellez. i'll have a look at those stories coming up. >> reporter: i'm bob redell with a look at what your ride in to work will look like with this on and off wet weather we're experiencing. that story coming up. >> a live look outside, a little foggy start for this monday morning, february 13th. this is "today in the bay."