suing campus police over the infamous pepper spray incident. what they want to see changed coming up. >> victory for the earthquakes, the response to the decision to build a new stadium. >> a live look outside over the city by the bay this morning. gorgeous bay bridge shining on this thursday, february 23rd, this is "today in the bay." >> good morning. the time is 4:30. i'm jon kelley. >> i'm laura garcia-cannon. lots to get to this morning. how about that forecast, here is meteorologist christina loren. >> it was the talk of the town yesterday and it will be again today. the gorgeous weather, temperatures in the 70s. you walk out the front door this morning it feels almost like a spring or even summer. early summer morning with temperatures close to 50 degrees. we're at 52 in fairfield. on our way to mid-70s, couple of

80s on my forecast map as well. we'll tell you when the rain returns. let's check your drive with mike inouye. >> 80s? all right. we're looking here, no 80s but we have a smooth drive. 65-ish, 70 as you come through the walnut creek interchange. we have construction on the southbound side. to southbound 880 still blocked and south thereof down to al costa a lane or two blocked. all crews should be cleared if not clearing right now. no slowing there either. back to you. >> thank you, mike. >> investigators this morning on the scene of an overnight house fire in sunnyvale. >> the home belonging to a family of four seriously damaged in the flames. bob is live at the scene. what do you know about the family? >> reporter: good morning. we spoke with the fire department and neighbor and they are concerned about the location of this family of four, a mom, a dad and two young children a boy

and girl, possibly in the range of 7 and 3 years old. when this fire started around 1:00 this morning the house was completely engulfed in flames. it has gutted the inside. no one saw any one escape. there are still two cars in the driveway. the neighbors not sure if they own a third. and no one knows if they are possibly out of town. this is ski week, after all. >> no. i have no idea. i suspect they are going to find bodies. sorry. i am too. it's really pretty tragic. that's my guess. >> reporter: that's the next door neighbor speaking with us. he tells me the family of four has been in the neighborhood maybe 12, 18 months, doesn't know them well. the fire department has been waiting for the sun to come up. there is no roof. the sun will shine in there and they will get a look of what's

inside. obviously they hope they don't find bodies but they are preparing for that possibility. this was a two-alarm fire, again started around 1:00 this morning. when the fire department arrived they said it was already fully engulfed. when they tried to go in the backyard there were some power lines down. they had to wait for that to get taken care of before they could get in the back and fight the fire. here you have a house destroyed, questions about the whereabouts of the family of four who lives here. reporting live in sunnyvale, bob redell, "today in the bay." >> let's hope they are just out of town. the 23-year-old accused of beating an elderly man to death in berkeley is expected to ender a plea. daniel deswit charged. documents reveal a chilling confrontation saturday outside the home. dewitt told the owner he was a psychic looking for his fiancee

zoe. outside of court they said their son a paranoid schizophrenic. when he was told to leave he attacked beating him to death with a ceramic pot. also the math teacher accused of sexually assaulting boy. she was arrested and charged with having sex with a 14-year-old former student. the relationship started in text messages and social media. >> it's 4:34. another vote of support for gay marriage. a federal judge in san francisco striking down the defense of marriage act, calling it unconstitutional. the 1996 law passed by congress defines marriage as the union of a man and a woman and denies government benefits to same-sex couples. the decision is in response to a lawsuit by a staff attorney of the ninth u.s. circuit court who sued the government because she couldn't enroll her wife under

her health insurance plan. the san francisco judge is the second federal judge to strike down the defense of marriage act. students in the pepper spray incident at uc davis now suing. video of the incident shows campus police aggressively spying protesters who were holding a peaceful demonstration. some of the students have now filed a federal lawsuit against uc davis and its president and the campus police department. >> i want some answers to what happened. looking forward there can be meaningful policy changes. >> i want the university to be a place where activism is encouraged, it's not just tolerated. >> the students say any damages awarded will be used to set up a scholarship fund. >> instead of their alarm clocks through neighborhoods have been waking up to the sound of gun fire. someone fire add gun in the air near rasterdareo road.

thursday morning a similar incident in another neighborhood. maria and elizabeth found the shell casings left behind and called police. their home is down the street from where the shooter fired the weapons. >> it's terribly scary. you don't know what to do. you can't have your children in the street any more here. >> police are investigating whether these two gun fire incidents are connected. they are comparing shell casings from both scenes to see if there is a match. >> pg&e telling oakland residents to get ready for pipe line inspections. utility did pressure testing on the peninsula, checked for defects in pipe lines. soon crews will begin testing in oakland. pg&e will hold an open house to discuss that work. 530 clock to 7:30 at the airport hilton. >> it could be bad news for students in santa clara county. san jose state thinking of ending its preferred treatment when admitting high school

seniored and students in the area. the students get special consideration but due to budget cuts administrators want to make it tougher for local students to get into san jose state. a meeting will be held tomorrow on whether to adopt the stricter policy impacting about 1400 south bay applicants. >> a victory celebration for the san jose earthquakes, the team has been given the green light to begin a brand new stadium. >> i think the key thing is we had a successful night. i'm thrilled with the turnout. there was 50 or 100 at the door turned away. we're fire code in there. i think it carried the day. >> huge day for the team. the 18,000 seat venue will go up near mineta san jose airport. the city approved permits for the facility but neighbors appealed that. the planning commission then denied that appeal last night. crews will break ground on the

stadium later on this year. >> time to look at the forecast. >> yesterday was just gorgeous. we've got more of the same for you today. a little bit of a difference, though, we'll see more of a breeze. they are downsloping winds that tend to warm us up but they will be strong enough to prompt a wind advisory above 1,000 feet. that goes for the east bay and the north bay until 6:00 p.m. tonight. so that wind advisory is in place though it's not that breezy yet. the strongest sustained winds up in santa rosa at 10 miles per hour. calm through greater bay area. that will change. as a result of the warm winds we're talking about another round of records, especially in concord we expect to shatter the temperature record of 66 degrees, your forecasted high today is 75 in concord. high pressure is the reason why they continue to drive the winds offshore. we're going to see plenty of

upper 70s, a couple of low 80s. i'll tell you when the rain returns but first let's check your drive. it's friday eve. >> we don't want problems any time of day. we're looking for anything even construction. that's what we see on the peninsula. looking at both directions for 101, oregon expressway, the off ramps from the north and the southbound side are closed right now for construction crews possibly until 6:00 a.m. no slowing, and university avenue a little, you'll be fine, conne connect. the eastbound direction of highway 84 the dumbarton bridge t westbound, the commute later on, that's just fine. that crew picked up earlier. no problems crossing the bay here and we'll look at oakland, northbound 880 past it the coliseum, a smooth light drive. good spacing southbound. oakland down to 238, not a problem b. 14 minutes, you're at the limit easily.

>> thank you, mike. >> 4:40. the company closed its doors and laid off workers but solyndra executives get to keep their bonuses. why the company says that is necessary. >> mitt romney and rick santorum dominate. why this could be the last time the candidates hold a formal debate coming up. >> and a new diet drug produced here in the bay area could hit the market soon a. big ster

>> welcome back everyone. beautiful live look from the south bay this morning. you're going to notice warmer temperatures this morning. what's in store for the day? we'll check in with meteorologist christina loren. 4:43 now. >> hundreds of bay area residents lost their jobs but executives at the company solyndra will keep bonuses. the bankruptcy judge approving $370,000 of bonuses for 20 employees. the manufacturer declaring bankruptcy last year after receiving a half billion dollar loan from the obama administration. solyndra telling the court it needs to retain key employees to guide the company through the bankruptcy process. >> a gift card scam operation has been busted on the peninsula. belmont police say they caught suspects stealing cars from a

safeway. here is the deal. they take the activation tab off a card and put it on another and put the altered package on the rack. you are paying for the card, they are activating the crook's card. >> you buy the card for $100. the card you bought is worthless because the tab that got scanned and the card don't match. the suspect's card is now worth $100. >> a dicey proposition. always look very closely to make sure the packaging has not been tampered with. >> time for a check of the markets. for that we turn to jackie deangelis. good morning. >> good morning. futures are higher after the markets retreated yesterday breaking a three-session run. no major drivers wednesday though traders cited soft data in europe, lingering concerns about greece and weaker home sales as some of the factors. asian markets were higher today.

we're going to get one report this morning on the number of new filers for unemployment. we saw the dow fall 27 points to 12,938, the nasdaq slipping 15 to 2933. and the s&p 500 down 4 to 1357. the white house is unveiling a plan to protect on line privacy, eventually giving the government more power to police internet giants like google and facebook. it doesn't impose immediate regulations but a group of firms have agreed to support a do not track button to be embedded in most web browsers soda ta can be gathered for research and face back can track users through its like button. some of the biggest names in tech have agreed to provide greater privacy disclosure before people download apps. it wa spear headed by the california attorney general. 22 of the 30 most downloaded apps don't have privacy notices

and some also download contact lists. that's it for us here. back over to you. >> thanks, jackie. >> 4:46. it's needless to say yesterday was a slice of heaven out there. >> going into it yesterday morning maybe you didn't believe me. but this morning i'm sure you want more of the same. that's what we've got for you. 52 degrees in fairfield. 50 in concord. 46 in livermore so overall it feels like a spring, a late spring, maybe early summer morning. temperatures are going to be on the mild side right off the bat. and as these winds increase later on today, our temperatures are going to increase right along with them. so we're talking about a sustained wind speed at 10 miles per hour, 5 miles per hour sustained in fairfield and calm winds across the board. mid morning the winds will continue to strengthen throughout this afternoon as high pressure is now over the great basin. it's the same wind effect that

drives the santa anas through the los angeles basin so we get the tail end. not as strong as what we're going to see in the los angeles area but enough wind to bring our temperatures into the 80s. morgan hill, 80 degrees for you. 77 in san jose. about 72 in danville. and san francisco today, 75 degrees. i brought your temperature up a couple degrees right by the water. elsewhere, we're going to level out where we ended up yesterday. through friday we start to drop to about 70 degrees, saturday into sunday things change. we cool off, more clouds, then showers monday into tuesday. staying cool next week. pretty good shower chances, wednesday and thursday as well. the next week looking much different. you look at the start of the seven-day versus the end, we're going to have changing weather around here so get ready for that. back to you guys. >> thank you very much, christina. 4:48. the army private accused of feeding classified information

to wikileaks is set to be arraigned. bradley manning, a former military analyst faces a host of violations of army regulations. manning is believed to be the source behind a wealth of information posted through wikileaks starting in 2010. he faces life behind bar convicted. >> turning to decision 2012, four republican presidential candidates took the stage last night for a debate but no surprise t focus mostly on two of them. mitt romney and rick santorum trading barbs. polls showing they are tied in arizona and in michigan. the next two states holding the primaries. last night they went after each other on health care, ear marks and taxes. >> raised taxes and fees in massachusetts and never voted to raise taxes. >> you voted to raise the debt ceiling five times without compensating cuts in spending. >> santorum did admit he voted

for things he didn't support like no child left behind and funding for planned parenthood. this could be the last time all four candidates debate. paul and santorum declined to participate in a debate in atlanta. >> house democrats have scheduled a hearing today after an all-male panel showed up last week at a hearing on contraception, sparking outrage from female lawmakers. democrats have invited the woman who was not allowed to testify at an earlier hearing. the committee chair said last week's panel concerned religious liberty rather than contraception so the women's testimony was not relevant. several cried foul saying birth control was a large part of the issue. >> a new weight loss drug made here in the bay area cleared a major hurdle. a panel is recommending approval of the drug to qnexa made by mountain view-based vivas.

it would be the first precipitation weight loss drug in more than a decade. the last drug, fen-phen, was recalled after it was linked to heart valve problems. the fda is expected to make its final decision later this spring. >> 4:50. still ahead jeremy lin working his magic for the knicks. they pull off a victory but it's the game tonight that has a lot of people talking. we'll explain who they play next. >> plus, a sweet deal at a san francisco restaurant. >> we're looking at highway 24, 24 and 580, tough couple of days getting to the bay bridge. it's okay now but i'll show you something in the south bay that might slow you down.

>> this is a live look outside, waiting for the sun to come up though you will notice it is warmer as you head out the door this morning. 4:54 right now. >> knicks fans hoping for another round of lin-sanity as the knicks prepare to take on lebron james and the miami heat. last night jeremy lin doing his thing dropping 17 points and nine assists against a beat up atlanta hawks. lin sat out most of the fourth

quarter as the knicks rolled to an easy victory. tonight's game should be smoking against the heat. the warriors score add victory over phoenix last night. tie game, final seconds, monta ellis goes to work. the fadeaway, the money, the victory. the warriors get the shot clock beater. they win 106-104. ellis, 26 points, six assists, the warriors' first win in phoenix since 2005. >> patriots quarterback tom brady will speak at his alma mater as part of a fund-raiser. administrators say the recession made it difficult for some to afford tuition. administrators say the event is sold out. >> hometown guy made good. it's 4:55. let's check out what's happening on the roads. >> good morning. we'll take to you the south bay. northbound 101, golf course, a

couple of lanes marked for construction. crews aren't causing as much of a stir and no slowing as you approach the 68 at concord coming northbound. a smooth drive into san jose. you see speed sensors, a nice flow heading up to cupertino. the rest of silicon valley, a live look, what things are like at the golden gate bridge. 101 not a problem there, just moving around the bend, the flashing lights t crews getting ready to move the cones for the morning commute. back to you. >> thank you, mike. >> life gives you lemons. why not make dessert. >> that's the idea at one san francisco restaurant. the chefs at water bar will use your hand-picked citrus to make desserts. they will trade a half dozen choice oysters for a 10-pound bag of your citrus. if you bring in a 30-pound bag

they are going to add your name to the menu. >> 30 pounds. >> the manager says the trade-off all about green. he's not talking about money. >> one of our goals here is to be sustainable and to use local food and we thought this was a great way to do that and connect with the community. >> kind of cool. >> what would you call it the lgc. >> work on that. >> still ahead on "today in the bay," a fire torching a home in the south bay. we'll get the latest on the search for the family coming up in a live report. >> the family of bryan stow fighting the dodgers' bankruptcy proceedings. >> for your news, weather, traffic and all sorts of things check us out on facebook.

>> reporter: the location after family of four unknown after a fire destroys their home overnight here in sunnyvale. this is bob redell. we'll take you here live. >> headed back to court. a murder suspect gets ready to enter a plea. >> reporter: an intersection in west oakland shut down at this hour as oakland police investigate a shooting. that story coming up. >> two u.s. troops killed in the koran protest happening in afghanistan. good morning. i'm marla tellez. i'll have that coming up. >> a live look outside of a city by the bay. a warmer morning for this thursday, february 23, this is "today in the bay." >> good morning to you. thanks for joining us on this thay