good morning, everybody. the time is 4:30. i'm jon kelley. >> the scene of a fatal fire right now. marla tellez live at the scene right now. >> reporter: we are removed from the scene. the scene is taking place about a 1/4 mile down. we're about a mile from tullely road and 101. police have it blocked off, ambulance still on scene. i spoke to a supervising police officer. he tells me the fire is out. it was a one-alarm that quickly turned into a three-alarm.

he says when he got here, flames were shooting through the roof. he tells me one woman was promoupr pronounced dead here. firefighters pulled her out and worked on her for 30 minutes trying to revive her, but it wasn't enough. >> we've lost somebody this morning. >> that's correct. looks like an asian female in her 30s was evacuated from the apartment while the firefighters were attempting to extinguish the fire, and she was pronounced deceased within an hour. >> reporter: now, the sergeant speculates that woman died from smoke inhalation. we are waiting to speak with the public information officer with san jose fire. the sergeant with san jose police says two people were hurt also, but we are hearing conflicting reports as to the number of people hurt. again, waiting to speak with san jose fire. once again, the fire is out, one woman pronounced dead on scene. in all, four units damaged.

one we are told is a total loss. the cause is under investigation. live in san jose this morning, marla tellez, "today in the bay." >> thank you, marla. new this morning, a day of action. labor groups across the bay area will be taking to the picket lines this may day. >> nurses, janitors, and transportation workers all staging strikes. christie smith live in oakland where nurses are planning to walk out in a couple of hours from right now. but first, we go to bob redell live in the san francisco ferry terminal. and seems like it could affect people's commute this morning. >> reporter: absolutely. if you live in marin and commute to the city and commute by ferry, you will want a plan "b." perhaps testing out the new doyle drive would be an option because the golden gate bridge district has shut down all ferry service for this morning not to reopen until this afternoon because ferry workers said they will be going on strike for may day. picketers are expected here in the terminal at 5:30 and they're

protesting labor negotiations with the district that have been going on for over a year now. they don't think management has been negotiating in good faith at issue our rising health care costs, wages, and pensions for new hires. the labor coalition representing the bridge, bus, and ferry workers tells us they've already made over $2 million annually in concessions. the bridge district argues they too have been negotiating in good faith and they're in line with other contracts. both sides are supposed to meet again some time this weekend. as i mentioned, ferry service will start up again at 2:15, again from sausalito at 1:55. your bridge and bus service is normal this morning and you might have heard earlier there was a plan by occupy protesters to try to shut down the golden gate bridge at some point this morning. as far as we know, those plans have been canceled. reporting live here at the ferry terminal, bob redell, "today in

the bay." >> those don't start until later on today, but chaos getting an early start last night. a group of masked protesters leaving a trail of destruction, smashing windows and throwing paint on buildings. police were out in riot gear looking for those vandals. witnesses say the vandals were chanting, we are occupy. >> i saw them just litter this place with egg bombs. they came up with one of -- we're missing one of our signs, which did most of the damage to this aston martin. one guy had a crowbar. >> union members in san francisco getting started on peaceful demonstrations marching through city hall last night demanding fair contract for 13,000 workers. upset over their own contract negotiations, thousands of nurses will rally outside hospitals this morning across the bay area. "today in the bay's" christie smith with more on how this will affect patients. good morning. >> reporter: good morning to

you, laura. nurses are expected to start showing up here at summit hospital in oakland about 6:00 this morning with that strike starting at 7:00 sharp. now, this is tied to the occupy and labor movements going on across the bay area today, but it also is part of a contract dispute between nurses and sutter health. they have signs ready to go at eight hospitals today. the union says there are just too many take aways to benefit sick pay and patient care. you may recall in september another strike was -- after a nurse reportedly put a supplement by mistake into a patient's bloodstream. this strike will also bring out replacement nurses and the cna says they don't want to walk off the job, but it's come to this. >> you can't hide, we can see your greedy side. we can see your greedy side.

>> reporter: now, a spokeswoman for summit said in a statement that they certainly respect and value their nurses but they're also deeply disappointed that a strike could not be avoided. they also went on to say that in the four years cna has called 150 strikes. the hospital is open, though, again, with replacement nurses. they have rescheduled some of their elective procedures. the replacement nurses, though, have a five-day contract in place which means that the striking nurses wouldn't be allowed back until sunday. reporting live in oakland, christie smith, "today in the bay." and we will have live continuing coverage throughout the day, today on-air and online. stay with us through the morning for live traffic updates and any disruptions to your morning commute. a suspect in the murder of a newark high school football star has his first day in court.

18-year-old abram haity is facing murder charges. >> i didn't want to cry today, but it's making it really hard. just to know that he loves a lot of people and, you know, it's just really hard right now. >> futi came to the u.s. from samoa seven years ago. his friends said he was a good guy working hard to get his life back together after enduring the death of his best friend last year. 4:37, more than a dozen people hurt after a large fire at a half way house in watsonville. fire broke out on monday night. flames spread so fast, several of the residents had to jump from the window. 11 people had to be taken to the hospital for various injuries and smoke inhalation. berkeley police right now stepping up patrols in a popular part of their town. u.c. berkeley police and the

city police department teaming up to put more foot and bicycle patrols in the telegraph avenue business district and people's park. the patrols were in response to community concerns about safety in that area. a petition to give san jose's low-wage earners a pay raise goes before the city council today. san jose leaders will consider supporting an initiative today to increase the minimum wage from $8 to $10. the campaign was started by a sociology class from san jose state university and quickly gained community support. highway 101 partially closed this morning in menlo park. southbound 101 is closed between willow road and marsh road. crews have spent overnight demolishing part of an old pedestrian overpass. the highway will reopen in about 20 minutes, the rest of the overpass will come down early wednesday morning. so northbound 101 will be closed in the same area tomorrow from

1:00 to 4:00 a.m. for you early bird risers. >> it is 4:38 right now. time to check in on the weather with christina loren. and a cool start out there. >> yeah, cool start very similar to where we were at this time yesterday. and i have good news for that 101 closure, just got off the phone with chp, it is now reopened. take you outside, show you what we're experiencing out there. 50s, upper 40s in the north bay, 50 in fairfield, as we head throughout the afternoon, temperatures are going to be mild yet again. and we have some good news for you. our allergy levels, our pollen count has gone way down over the course of the weekend. we were in the high range. that's the good news if you've been sniffling, sneezing. and today more improvement, as well. going to see that onshore flow. it's going to bring a good amount of cloud cover throughout the day, though. 73 degrees inland, another comfortable day with highs in the 70s at the bay. 72 degrees in san francisco. switching gears, let's get your

drive. good news is that 101 closure has opened up before they're scheduled to do so. no late running construction there. we do have an accident that could slow you down westbound. bay bridge toll plaza, we have a reported crash where the vehicle went into the toll plaza. there's a crew on the scene, they're getting that cleaned up. just give yourself extra time, maybe five to ten extra minutes. and live to 880 through oakland. a general look at how traffic is flowing. no problems through here. no major accidents across the bay area. >> weather and traffic, christina. thank you very much. well, we'll soon find out if the falcon chicks are male or female. this morning, a biology planning to repel down from the 18-story tower to the falcons' nest and will place bands on their legs to track their movements. while all of this is going on, the mother falcon won't be too happy. she'll be loud and acting defensive as he tries to move

t the climber out of the nest. >> don't mess with mama's babies. >> no, no. 4:40 right now. still ahead, one year after the death of osama bin laden, the people closest to the president reflect on the decision to raid the compound. what analysts are saying about the effects on the president. also, how about delta airlines getting into the oil business? why it's buying its own refinery. and a bay area celebrity chef definitely has something to celebrate today. how he got his stolen lamborghini back. >> got to feel good about that. and feeling good about this. get all your information on facebook by simply searching nbc bay area.

please join me for breakfast on may 2nd as we celebrate hope service and 60 years of serving people with developmental disabilities. join me at the convention center for the hope benefit breakfast. >> join scott hamilton at the hope services 60th anniversary building community breakfast. a benefit for programs serving over 2,500 developmentally disabled children and adults. for information, visit nbcbayarea.com. welcome back, everybody, on this tuesday morning. still kind of dark out there. and why not? it's still early. that is a live look over san jose. the calm before traffic starts to pick up out there. christina loren will be here to tell you about the weather and traffic. it's 4:44. today marks the one-year anniversary of catching up to and killing osama bin laden. we have learned this president's decision to raid bin laden's hideout was something even his

closest advisers did not recommend. analysts say there's a lot on the line for the president. >> he had to know and should've known had this failed with the loss of our people that he would have been looking probably to a one-term presidency at best. >> now, of course, this event has become an issue out on the campaign trail. at the time, mitt romney called that decision ill-timed and ill-considered. now he says he would've done the exact same thing. romney's camp calling the president's use of this raid in his campaign a cheap political ploy. and more trouble for bp in the wake of the gulf oil spill. a former bp engineer accusing -- actually accused right now of destroying evidence related to that spill is set to appear in federal court in texas today. kurt mix facing obstruction of justice charges and prosecutors saying he deleted texts and documents which indicated efforts to control that spill were actually failing.

4:45. time for a check of the markets this morning. and live at cnbc world headquarters, good morning, jackie. >> good morning to you. well, the futures are slightly higher at this early hour on wall street. april brought lots of to the market. the nasdaq posting its first negative month since december, the s&p 500, first since november. and a quiet day in the overseas market as many markets in europe and asia are closed for may day. we'll get numbers on construction spending and pfizer just reported earnings before the opening bell. the dow falling 14 points on monday to close at 13,213, the nasdaq losing 22 to 3,046, and the s&p 500 slipping five points to 13,097. in the meantime, automakers reporting april sales today and while they're expected to slow from the blowout numbers in march, analysts think they'll continue the torrid pace set during the first three months of the year. demand for smaller, more

fuel-efficient vehicles still remains high and there hasn't been a dramatic drop in the sales of trucks and suvs which have increased their fuel economy. chrysler is expected to pace the sales gains up about 19%. and delta airlines getting into the oil business, buying a refinery near philadelphia from phillips 66 for $150 million. delta's going to get $30 million subsidy from the state of pennsylvania for job creation at the plant which was idled last year. bp will supply crude oil, delta will exchange gas and other refined products for jet fuel from bp and phillips. delta says the refinery will supply 80% of the jet fuel needs in the united states. it spent nearly $12 billion on fuel last year. back over to you, laura. >> thanks so much, jackie. and our last look at the snow pack up in the sierra today. the department of water and resources will be in the mountains to take the fifth and final snow survey of the winter. and that's exactly how they do it. experts right now say the snow pack is only about 46% of normal

even though we've had a dry winter. water officials say reservoirs are still near full from last year, which is very much good news from the summer water supply. >> great, great news. all right. a look at our forecast. >> yeah, finally getting spring-like weather that holds up, right? we're not going to continue on that roller coaster ride that we've been on for the course of the spring so far. let's take you outside and show you where your temperatures are right now. in the 50s. yesterday it was really interesting set-up. those clouds just banked up over the santa cruz mountains and we ended up in the 60s whereas we had the upper 70s and 80s in the south bay where we got that sunshine. so today, more of the same onshore flow, bringing in the cloud cover over the coastline at the bay. and throughout the day, the clouds will clear, sunshine for the second half of the day, breeze will build and we've got a really good-looking forecast. not just today, tomorrow, as well. maybe a little bit of rain which we actually need. we're running a large deficit when it comes to our average

rainfall totals. plus, it's good for our air quality. and this is the time of the year when our air quality does start to suffer. we need the showers, they're on their way thursday night into friday. today it's going to be blustery at the coast, cooler as we head through wednesday, highs today looking very comfortable for outdoor activities inland. a little on the cool side for the first part of the day in san francisco. 65 there and 73 in santa rosa. the next three days, we keep temperatures right around that 70 degree mark inland. bringing those showers over the course of thursday into friday. friday morning could be rather rough commute up north. i think areas north of the golden gate bridge will get some good moisture on friday morning. keep that in mind, that could be a slow drive, saturday, sunday, we warm you back up. gorgeous conditions, already thinking about that weekend, guys. back to you. >> us? never. 75 on sunday, did you see that? 4:49 right now. the most famous stolen car in the bay area has been recovered and the celebrity owner couldn't be happier.

he lives in the bay area in san jose last night celebrating the grand opening of his new restaurant johnny garlics. also celebrating the recovery of his $200,000 yellow lamborghini like this one. it was recovered from a storage unit in richmond. >> the marin sheriff's department and pd, to crack the case, to get the low down and to follow through and to get it and the yellow lamb boar be lamborg found. >> stolen last year from the san francisco car dealership. officers say the storage unit where it was found belongs to a 17-year-old who was arrested for initially unrelated case. >> i guess when you own one of those bad boys, that's what you call it, the lambo. now i can focus on souffles and barbecue. two girls with a bright future, the conjoined twins from san jose making a public

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good morning to you. isn't that a beautiful live look outside? we're looking at san francisco this morning. gorgeous, gorgeous. a nice day on tap, as well. we'll check the full forecast coming up as well as your morning commute with christina loren. 4:54. this is a great and uplifting story. a pair of san jose toddlers living independent lives and they are thriving. just a year ago, angelina and angelica could barely walk, now take a look at these girls. out chasing each other. a little game of tag they had. the result of a risky ten-hour separation surgery last november at the children's hospital. and this week, well, the little ladies returned to their doctors for a six-month check-up. and the doctors say things are going great. they both are healing very well and the girl's mother says the twins are now just much more outgoing. >> i bet. and very active. >> you can see -- >> having multiples, she is on the go. >> you understand. >> on the go. i want to check the morning

commute right now with christina. >> multiples. we're so lucky to have you on this show. >> thank you. >> good morning to you. we've got a good-looking drive as you're getting ready to get your little ones in the car. heading out to school this morning, we have a couple of problems for you. starting with the westbound bay bridge toll plaza reportedly a vehicle went into the toll plaza. we know there's a crew on the scene. and if they don't get that cleaned up, it could become problematic. if you're leaves in the next 15 minutes, keep that in mind, slow down in the area. traffic's actually picking up substantially in both directions here. it's still early only 4:55 to see this kind of volume. as we head to the golden gate, you can see it's quite the contrary here. just a few cars out there. we'll keep our eye on 880 for you. let you know if any problems crop up over the course of the morning. back to you. >> thank you. 4:55 right now. we have a very happy ending for a sea lion found starving near alcatraz. >> have you heard his name? >> yeah. i like it.

>> al catraz. he was found a month ago weighing only 31 pounds. a typical pup weighs about 70 pounds. al will be released into the waters this afternoon with two other rescued sea lions. that's nice. >> yeah, absolutely. very creative. here's a quick way to become the talk of the town. buy it. >> a small georgia town up for sale. most of the town of tombsboro is owned by one developer. he is in the market to sell more than 25 buildings that include a train depot, a bank, a mill, a restaurant, and a 500-seat opera house. nice culture mixed in there. the town is home -- well, it's only got about 700 people in it. the asking price, $2.5 million. >> wow. >> the developer says -- >> pocket change in the bay area. >> yeah. the developer says it would be a perfect movie set.

>> i could see that. jon kelleyville. >> i'll pass. >> you're not going anywhere. still ahead on "today in the bay," may day strikes all over today. what you need to know for your morning commute. the latest on the fatal fire in san jose. wanna hear a joke ?

yeah. sure. sure. what's the number-one killer of women ? well, you're still here, so that rules out crankiness. and track suits. heart disease. what, that's a joke ? no, it's an absolute fact, but the american heart association says you can save lives by passing it along to five women you love.

awww. awww ! so i'm starting with three i tolerate. that's a joke ! find out more at goredforwomen.org. and that breaking news happening in san jose where a four plex going up in flames leaving one person dead and several others injured. good morning, i'm laura garcia-cannon. >> this morning, the fire is out but the damage already done. live with the latest. marla, good morning. >> reporter: jon and laura, good morning, we are slightly removed from the scene. i can tell you that firefighters are currently in the mop up stages just down the way here as you said on warfield way about a mile from 101 and tully road.