police clarify their initial response to the emergency. that story is coming up. new this morning, the reward increasing at police look for the person who vandal itzed an east bay school not once, but twice. we'll also have the very latest on the proposition 8 appeal. what is coming up next. california could see fewer soft drinks on campus. the rule one lawmaker is proposing to ban the drinks for kids. taking a live look outside. beautiful golden gate bridge on this wednesday, february 22nd. this is "today in the bay." good morning, everyone. it is now 4:30. i'm jon kelley. >> i'm laura garcia-cannon. lots to get to this morning. let's check that forecast with

meteorologist christina loren. good morning. this is going to be the warmest day of the year so far. we are talking about the upper 70s later on. starting out with 50s in places like san francisco, san mateo and livermore and the warm-up is on. certainly not the first time we've seen the 70s, this mild winter. i'll let you know how much longer it will be in this abnormally warm pattern before the rain moves back in. that's coming up. first let's check your drive. >> things are moving pretty smoothly around the bay. we do have some construction spots. one is the golden gate bridge. typically we hear about construction on the top of the bridge or north bay side. we have a smooth drive. but right in the middle of your screen moving over to the left, one lane as you're traveling north just past the san francisco on-ramp there at the toll plaza. we do have a lane shift that will catch you a little by surprise but it is clearly marked and a very light volume of traffic here. looking to the east bay, 880 moving smoothly through oakland as well but no major problems. we'll tell you about some

construction in my next report coming up. we start off with a sad and bizarre story. a young man with a history of paranoid schizophrenia due in court today answering murder charges. >> the skas ncase is not only r questions about the suspect's mental health treatment but -- >> reporter: daniel dewitt is expected in court in oakland this afternoon as berkeley police are clarifying information about the homicide itself and police response to it. we're also hearing from people who knew the suspect, 23-year-old former alameda high school football player dewitt. they tell us that it was not a secret that he had documented mental problems and that his parents had said that he suffered from paranoid schizophrenia and had neglected by a broken health care system. he's accused of killing

67-year-old-year-old man over the weekend in his driveway. >> he'd come and you could see the pain. i'd say daniel, you're always welcome in our home. have you refrigerator rights as long as somebody was home. he's just sweet. >> reporter: a councilwoman in berkeley wants answers about how police responded to the home. police did release a timeline that at 8:45 dispatch received a report of an unknown person hanging around. at that time though police were monitoring a protest and only criminal in progress emergency calls were to be dispatched. at 9:00 apparently an officer offered to respond but that offer was declined. exactly why is unclear. two minutes later though there was a call of an attack in progress. the court case continues at 2:00 this afternoon here in oakland. live in oakland, christie smith, "today in the bay." 4:34 right now.

san francisco sheriff will be back in court today in advance of his trial on domestic violence charges. this afternoon's proceedings are for a pre-trial conference. the sheriff is facing misdemeanor charges after allegedly bruising his wife's arm during an argument on new year's eve. it is his first appearance since being granted visitation rights to his young son two weeks ago. the actual trial starts on friday. not satisfied with three judges, supporters of prop 8 will ask the entire ninth u.s. circuit court of appeals, all 11 judges, to reverse the ruling that the voter-approved prop 8 is in fact unconstitutional. the move means same-sex marriage will remain on hold until the panel accepts or rejects the group's petition. two weeks ago a three-judge panel struck down the voter-approved prop 8 initiative. a b.a.r.t. police officer who shot and killed a knife-wielding homeless man on a barts pl b.a.r.t. platform will not face charges.

they say the transit officer acted lawfully and in self-defense when he shot charles hill last july. a civil case is still moving forward against the officer. 4: 5 right now. palo alto's historic post office could keep its city ties. last night the city council voted unanimously to investigate buying the 80-year-old building. the u.s. postal service wants to sell it, and others, as part of a money-saving consolidation plan. city staffers will look into what that property is worth and what it could be used for. it is expected to be put up for sale in may. it is decision day for the san jose earthquake's new museum. san jose stadium, rather. san jose planning commission will vote today on whether to allow the soccer team to move ahead with construction close to the airport. the team is hoping to break ground soon and it has a permit to do it but neighbors in the area are appealing concerned about noise and traffic. if the commission rules in favor of the residents, the team will

have to start that permit process over. community colleges throughout california feeling that pinch right now of an increasingly smaller budget. 112 campuses throughout the state will have to make due with a $149 million shortfall. students can expect fewer courses and staff layoffs. the state right now is raising unit fees which have been on the decline to try an help make up the difference. that comes at a time when the number of community college students on financial aid has nearly doubled since 2008. well, the myth busters are back. they'll be in dublin today to talk to students about science and engineering. less than three months ago the hosts of the discovery channel show made headlines when their experiment went extremely wrong and they sent a 30-pound cannonball crashing through a local neighborhood. it was crazy out there. fortunately, nobody was hurt. today adam savage and kerry byron are making amends by speaking to students at dublin high school.

administrators are sure students will ask about the cannonball controversy but they just hope the discussion can spin back around and focus on the science and engineering. >> spin back around. all right. >> good luck with that. 4:37 right now. what about that forecast? let's check in with meteorologist christina loren. >> good morning. we've got a great looking forecast today, tomorrow, friday as well with 70-degree weather and winter making any of your outdoor activities ideal. we're going to be really comfortable conditions, then rain arrives as we head through this weekend. temperatures plummet. so a little bit of everything for all of you out there. we do have a little bit of wind and you'll see old glory blowing in the breeze from this live picture of san francisco. heading throughout the morning hours, temperatures are a little bit on the cool side but not too bad to start you out on a wednesday morning. hopefully as we head throughout the day today we'll continue to see those winds because those winds are what is going to warm us up. 53 degrees in san francisco. 45 right now in oakland. 50 degrees in san mateo to start

out a wednesday. look at where we are headed, 10 to 15 degrees above average for this time of year. this today and tomorrow look like they will be the warmest. it is going to be about as warm tomorrow -- maybe a little bit warmer, so we're talking about records in places like walnut creek later on today, 73 degrees there. 72 in san rafael and 72 degrees in san francisco. so, i'll let you know just how much warmer if it will be in your city tomorrow and when that rain arrives. that's coming up. first let's check your drive with mike. i guess we're not worrying about chain advisories for the next few days. looking over here locally to 880, there is construction, road crews northbound 880 right around the downtown exit there. crews should be moving away from the scene any minute. you might see a little slowing but none that shows up on our sensors. further to the south we do have construction for the fruitvale avenue bridge starting at 9:00, they may be doing work there. looking to the livermore valley, we have 14-minute drive out of

the altamont pass. on north flynn road reports after disable vehicle right at the fog line. that's the painted line over on the shoulder that you can see as you -- if there's thick fog, it is so you can see where the edge of the road is. that's what it is for. i see a little bit of slowing popping up from time to time. i'll track that -- there's someone on the side of the road as well standing there. be careful. just move over to your left. back to you. well, once again berkeley is blazing a trail. the east bay city adopting an ordinance giving cyclists the right to file civil suits against drivers who harass or assault them. if they win, judgments can run as high as $1,000. cycling advocates hope the new ordinance will help educate drivers about safely sharing the road. 4:40 right now. first it was soda, now sports drinks. santa barbara schools want to ban gad rate atorade and produc it from school campuses.

experts say those electrolyte load drinks are for athletes to consume during intense workouts, not for kids on the lunch hour. they say they aren't as healthy as they claim and are often loaded with high-fructose corn syrup and other sweeteners. 4:40 right now. honoring a bay area sports icon just ahead. the man who coached patriots quarterback testimony brady passes away after a very long illness. how he is being remembered today. plus, are those red light cameras actually helping with traffic enforcement? why one group wants to make them illegal. and, have you seen this? it is a daredevil film maker quickly becoming an internet sensation with his own videos. where this one was filmed coming up. for all your news, weather, traffic updates, collection us out on search nbc just search nbc bay area news or "today in the bay."

welcome back, everybody, on this wednesday morning. we give you a live look from san francisco. that is the palace of fine arts and it is a fine looking building out there, all illuminated in the early morning. christina loren will be here to tell us, it is going to be a beautiful day outside. look for 70-degree temperatures. 4:44. patriots quarterback tom brady's in the bay area this morning but it is with a heavy heart. his long-time mentor and former coach tom martinez has died.

martinez suffered a heart attack yesterday. his health had declined recently due to complications from diabetes. he was in need after kidney transplant and brady helped promote the search for a donor. martinez leaves behind a storied history in community college sports. he won championships in football, women's basketball, and softball at the college of san mateo winning 1,400 games. >> absolutely he was a legend. and we will never forget the contributions he made here. >> it's a very sad day for us all. tom martinez was really the incarnation of bulldog athletics. >> martinez had served as brady's mentor since the patriots' quarterback was 13 years old. brady considered him to be a father figure. tom martinez was 66 years old. yesterday was his birthday. >> so very sad. the time now is 4:45. yes, they can be more than aggravating. some say those red light cameras are actually illegal.

the company which operates the cameras in the bay area has been named in a class action suit claiming the cameras violate the california penal code. it requires infractions be witnessed by an officer or at the very least authenticated by a person, not by a computer. the suit was filed against the city of victorville in southern california. attempts to reach the company for comment were unsuccessful. well, it came, and then as quickly as it came, it gone. the dow jones today again will try to hit that magic 13,000 mark. investors hoping this time maybe it will stick around. for that and the rest of your news right before the bell we go live to cnbc world headquarters. good morning. >> reporter: good morning to you. the futures are flat this morning after stocks ended modestly higher yesterday. the dow briefly flirted with the 13,000 mark for the first time since may of 2008 and that was on relief over the greek bailout deal and positive earnings from home depot. however, stocks did pull back as

oil prices crossed above $106 a barrel. crude is at about $105, still near a nine-month high. economists say the economy and the market are better able to withstand higher oil prices now than they were a few years ago. existing home sales report comes out today. the dow closed up yesterday at 12,965. the s&p 500 edged up one point to 1,362. johnson & johnson's ceo is out. william wheldon plans to step down in april after a decade. it comes after a series of product recalls the past two years including motrin and children's tylenol calling into question j and j's quality control. last month j and j took a $3 billion charge for the recall of artificial hips and last week it pulled several lots of infant tylenol from the shelves. faicebook hit the 1 billion user mark last summer but twitter is expected to top 500 million registered users this

afternoon. twitter which launched in 22007 is signing up 1.1 million accounts per day worldwide. that works out to 13 accounts per second. back to you. a daredevil filmmaker finding success on youtube. check out this video of people jumping off the corona arch in moab, utah. it was posted less than a week ago. it's already received more than 5 million hits. film make devon graham says he doesn't do any of of the stupts himself but he enjoys putting the extreme videos online for people to watch and inspire. he says he updates his site once a week with a new film. >> that's so cool. like mission impossible. 4:48 right now. time for another look at the weather. meteorologist christina loren is here to tell us today to just keep climbing and climbing, temperatures are beautiful. >> no doubt, tom cruise has done that before. good morning to you. we're looking kind of cool out there right now but this is the

coolest time of the day. temperatures are going to shoot up right when that sun comes out in just about an hour and a half. we're talking about temperatures close to 80 degrees in some bay area cities today. so you want to dress the kids for a spring-like afternoon but this morning, yeah, it is cold out there. cold enough for a jacket. 45 in oakland. 53 in san francisco. good morning to you up in santa rosa. you're at 46 degrees this wednesday morning. high pressure firmly in control of our pattern. can you see those clouds arcing up and around that big rinl. it ridge. it is going to amplify today and temperatures will be on the climb. it does look like this will be the warmest day for most cities. tomorrow though with a nice warm start we might actually be a little bit warmer in places like morgan hill. 78 degrees for today. 75 in san jose. 72 in milpitas. 77 in concord. and even san francisco, 72 degrees, a great beach day. as we head through the next few

days we stay nice and warm but look at the drop-off between thursday and saturday. we really cool you down and we get that winter cooling all the way through the start of next week with a few showers on monday. back to you guys. one year after new zealand was hit by a devastating earthquake, the city of christ church pausing today to remember. 185 people died as more than 6,500 were injured when the 6.3 magnitude quake struck the city at 12:51 p.m. local time, the archbishop of christ church led a gathering of people in two minutes of silence for all the victims. a video message from secretary of state hillary clinton was also played expressing support for the people of new zealand. meantime, crews still making repairs to the washington national cathedral six months after the earthquake that rattled the east coast of the united states. that 5.8 magnitude quake caused hundreds of millions of dollars in damage to some of the

nation's most historic landmarks. workers at national cathedral have spent much of the past six month stabilizing the structure and assessing the overall damage. much of the ornate stone work on the building is still being restored. 4:50 right now. a virginia jury begins deliberations this morning in the murder trial of former university of virginia student george huguely. he is charged with murdering his ex-girlfriend yeardley love in a jealous rage nearly two years ago near the campus where they both played in lacrosse. during the trial several people who knew the couple testified their relationship was turbulent. huguely's attorneys argue love's death was an accident because he was drunk at the time of her death. the defense is hoping to reduce huguely's charge to involuntary manslaughter. republican presidential candidates will meet tonight for their first debate in almost a month. rick santorum continues to lead in the polls in michigan but he's trailing mitt romney in arizona which is where tonight's debate will be held. both will be campaigning in

arizona today. political analysts say this is an important debate for romney. >> he's unthe microscope web's under pressure. he needs to do well. he needs to re-establish a sense that he's the front-runner in the race. >> romney is trying to connect with more conservative voters. he'll meet with the tea party tomorrow in michigan. polls show he's closing the gap on santorum's lead there but in arizona it is a near tie. 4:51. ahead, a bay area community getting an unexpected visitor. where this mountain lion was spotted up in a tree. and a cool way to meet up or a stalker's dream. we'll let you be the judge. new app that allows singles to find each other on the go. and we're looking at a drive through san jose. no problems right now for 280 over guadalupe parkway but i'll show you what else is going on on the roads. crews are still out there.

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welcome back, everyone. live look outside, hp pavilion in the south bay this morning. we'll see pretty nice temperatures. wondering where winter went. we'll check the forecast in just a bit. 4:55.

a los altos hills home spotted a backyard. the family's german shepherd -- get this -- chased the big cat up a tree. fish and game officers decided it was best to just leave the big cat alone. and then let it come down when it was good and ready. finally when the cat was good and ready it did come down. mountain lions are not uncommon in the area but residents say they're taking a few extra precautions just to make sure their property and their animals and their own bodies stay safe. >> that's a big cat in a tree! >> probably likes to eat. it looks kind of foggy in that shot. let's check the morning commute right now with mike. >> good morning. fog not playing an issue for this morning's drive. we're okay so far but we'll look forward the san ramon valley with 680 and construction. looking on the southbound side. the off-ramps at lavorna may

have crews there for another half-an-hour. maybe causing disturbances for 680. you'll find kroocrews scattered about throughout 680 but no slowing on our sensors. a disabled vehicle still roared westbound 580 on north flynn road. not a problem but the person who is walking around on the soerld, i'm still concerned for them. we'll get an update from chp but no problems or slowing here. 14 minutes out of the altamont pass to the dublin interchange. internet dating is nothing new but there's a new app out there that's helping singles meet up on the go or maybe stalk a little bit. >> it's called singles around me. the app can be used on smartphones to find all the singles within 100 yards and lets the users send a quick message to the other person, maybe even meet up. of course, the app will only recognize other singles who are also using that app. while it might seem convenient, it's getting its share of criticism over privacy.

>> sounds a little freaky. >> happily mad,ierr tnkie you very much. it is 4:57. we'll be right back. [ other merv ] welcome back to the cleaning games. let's get a recap, merv. [ merv ] thanks, other merv. mr. clean magic eraser extra power was three times faster on permanent marker. elsewhere against dirt, it was a sweep, with scuffed sports equipment... had it coming. grungy phones... oh! super dirty! and grimy car rims... wow! that really works! ...all taking losses. it looks like mr. clean has won everything. the cleaning games are finished? and so are we. okay, but i just took a mortgage out on the cabinet. [ male announcer ] clean more, work less, with the mr. clean magic eraser extra power.

this morning the reward increasing as police look for the person who vandalized an east bay school not once, but twice. and greece gets the financial bailout it needed but new this morning -- why a default can still be likely. good morning, i'm marla tellez. that story's coming up. and decision day for the future of the san jose earthquake's new stadium here in the south bay. i'm rob redell. that story's coming