>> new this morning, he wasn't in a gang. what family members are saying about the san jose state student found stabbed to death in a safeway. >> plus, the new restaurant opening its doors this morning in san jose. people have been lining up since yesterday. find out what all of the hype's about. >> it's early, 4:30, but a live look along the embarcadero for this thursday, august 23rd. this is "today in the bay." >> you are absolutely correct. it is early, 4:30 on the nose. good morning. i'm jon kelley. >> lots to get to. let's check the forecast with meteorologist christina loren. good morning. >> hey, good morning to you laura and jon.

good morning to you at home. it's crisp out there, one of the coolest starts in over two weeks so you might need to pull out the jacket, dust it off. novato at 54, 50 in santa rosa. expecting some of your outlying cities to drop into the 40s before our lows. our highs today will be comfortable, then it heats up. there's always something happening on the roads at this time. >> there is. the good thing only construction, 101 and east on the dumbarton bridge. no major slowing. further north, san mateo bridge east across 92 reports of construction. from the peninsula side, the taillights heading away, over the high rise, construction after you get off to the east bay side and we'll look on the hayward approach, see if we see slowing from the toll plaza. i don't think we will. there you go no. delays either though reports of construction

on the bridge, no slowing. back to you. >> thank you very much. san jose police chief chris moore will meet this morning with a gang task force in response to the city's rash of violence. the recent victim was juan miguel munoz whose family says he stopped at safeway on the way home from work and someone stabbed him in the chest. he was found in the aisle of the store. he was a third year accounting student at san jose state. last night his family, friends and some who didn't even know him lit candles and prayed. >> today, unfortunately, was our cousin. tomorrow it could be someone else's child, someone's family member. it needs to come to an end and stop. >> there have been 32 homicides this year in san jose. chief moore will hold a news

conference after meeting with his gang task force. we'll be there to bring you the latest as soon as we get it. >> fallout from the chevron fire is creating an emergency. doctors medical center says it's operating in disaster mode. the e.r. is crowded with patients seeking treatment for symptoms they say are related to the august 6 refinery fire. the medical center called in extra staff to try to handle more than 4,000 patients that have come through the door. >> the congestion, see that they were in distress too and there is information to check. >> chevron says it will cover the costs of medical bills but the deadline to seek the care was yesterday. chevron says it's received more than 12,000 claims and there is no deadline for filing a claim. >> 4:33. the giants are celebrating a win against the dodgers without one

of their top players. now the oakland a's are in a similar spot. pitcher bartolo colon has been suspended for 50 games for illegal drug use, a week after melky cabrera received the same punishment. major league baseball says colon tested positive for illegally high levels of testosterone. he was enjoying a resurgence helping lead the a's into playoff contention. he is now susnded without pay for the rest of the regular season. a central figure of the barry bonds balco scandal says major league baseball needs to improve its testing. >> the ratio test is the biggest loophole in major league baseball. we had half a dozen or more in various sports. they need to close that and use more sophisticated tests. >> for colon he is not hiding, he issued a statement saying i

apologize to the fans and my teammates and the oakland a's. i accept responsibility for my actions and i will sezvd my suspension as required by the joint drug program. >> a man is behind bars after police say he broke into a marijuana grow house and then took off on a skate board with a garbage bag of pot. police found the 20-year-old dale francis riding at the intersection of etta avenue and minerva street. he was arrested. after the arrest officers went inside the home and discovered 175 marijuana plants. police want to know if he knew about the pot or stumbled upon it while ripping off the home. >> a 22-year-old cal student is under arrest for crashing his car into the putnam hall dorm. it's a story we brought you yesterday. douglas perez was taken into custody on suspicion of dui.

hundreds were evacuated after the crash severed a gas line. pg&e capped the leak quickly but the students still are without hot water. today is the first day of classes. >> governor jerry brown declared state of emergency, a state of emergency, in northern california where the ponderosa fire continues to threaten at least 200 homes. lightning started the fire on saturday which has since destroyed 50 buildings and scorched 38 square miles. crews are making progress but flare-ups, steep terrain and hot temperatures makes it difficult to fight. it is now about 50% contained. >> hikers and campers beware. three quirls have tested positive for the plague. they were at palamar mountain state park. the squirrels likely were not exposed to the disease recently and it is not unusual for the animals to test positive during

summer months. even so, camp ground visitors across the state are being advised to steer clear of squirrels. >> santa county batting mosquitoes. >> in a few hours the fight will take to the skies. marla tellez is live in palo alto, she has all of the details. good morning. >> reporter: good morning. i got to show you this. take a look at my script here. as i'm waiting for you to throw it out to me a mosquito landed on my script. it's been here for the last 30 seconds or so. the spraying i can tell you, this is the target, this little mosquito here, it's going to be hard to miss because it's going to be done from a chopper today. a little later this morning the target, the palo alto bay lands a nature preserve. the choppers will drop spray that will reach up to 400 acres.

it starts at 7:00 this morning. they hope to restrict the surge of what is called the summer salt marsh mosquito. the good news is this species is not known to carry the west nile virus, but this is known to bite viciously during the day and can fly up to five miles from its breeding grounds to feed on people. so experts want to remind everybody it's a good idea to wear long sleeves and pants. officials with the vector control district say they are using only environmentally safe products. again, this all gets under way at 7:00 this morning here at the palo alto baylands. the trails that surround the bay lands are going to be closed during the spraying but will reopen immediately once they are complete. live in palo alto, marla tellez, "today in the bay." >> check that page. >> crushes that thing. get rid of that. >> good-bye to my friend. hello to my other friend

christina. >> always a great reminder as well. maybe you have a renegade sprinkler at your home. eliminate standing water as quickly as possible. especially now. hard to believe, though, we're less than a month from the first official day of fall. summer fading fast today. we'll see temperatures right on track with our averages, starting out cool. no need for the ac overnight in places like san jose, you might have had to run it in concord and livermore where we're hit the mid to upper 80s. just a touch warmer. basically a repeat performance, maybe one or two degrees in the higher range. temperatures today are going to be comfortable. we're not talking about 90s. mid to upper 80s. as we head through your friday and fog and drizzle becoming sunny in the afternoon. then a major warm-up on the way that we want to tell you about as you're starting to think about the weekend. after all, it's friday eve. 77 in los gatos. 76 in san rafael and 69 in santa cruz. stay tuned for that.

first we want to check your drive. it's a thursday, mike, you're following a couple of things. >> just the construction but it's all over the bay area. i want to give folks what we are following now on our palo alto shot. live shot from 101. there they are, the bottom of the screen, see the arrow pointing over above where the ticker is going. moving south so they back off of the freeway from the southbound side, the university off ramp or it's the on ramp but that's reason for slowing through the area as crews start to move, you see the traffic flow is light. we look to fremont. 880 smooth past the truck scales. construction through oakland but no slowing. great news. a live look south for the south bay, san jose, northbound 101, lighter volume throughout. you're at the speed limit. and the bay bridge toll plaza with no issue on the approach. beautiful drive for the low clouds around the oakland hills. visibility is fine. back to you.

>> appreciate it. 4:40. in about two hours chick-fil-a is set to open its new location in san jose. customers lined up last night lured by a deal from the chicken chain. the first 100 customers will be given chick-fil-a for an entire year. that's right 52 coupons good for one free sandwich each week. not a bad deal if you can get there early enough. today's opening also promises to attract another crowd, same-sex marriage supporters promised demonstrations in response to the company owner's comments supporting only traditional marriage. bob redell will have a live report coming up at 5:00. >> once again, yes, it is do or die time for the petaluma little league team. >> yeah. swing those bats. national all stars moving on in the little league world series. petaluma is set for the semifinal game, they play texas at 5:00 p.m. the winner moves on to the u.s.

championship game against tennessee on saturday. we wish them luck. they got it all. >> absolutely. >> so fun to watch. >> the best. >> there is trouble brewing for the republican convention, and it has to do with the weather. how convention organizers are preparing for tropical storm isaac. >> the storm may be affecting the cost of your breakfast. why it's driving up the price of orange juice. >> the america's cup races are in full swing today. what you can expect to see on the bay.

>> welcome back everyone. what a beautiful live look outside this morning over the south bay. city lights, waiting for the sun's arrival. >> 4:45. it was one year ago today a large earthquake shook washington, d.c. it was 5.8, the quake damaged land marks like the washington monument. the quake was felt as far west as chicago. government officials will hold a ceremony today to commemorate the event. >> checking in on december 2012. and beyond the todd akin legitimate rape controversy republicans may have another storm to weather, tropical storm

isaac brewing in the caribbean right now and forecasters say it could be hitting florida later this week as a hurricane. that's triggering concerns next week's republican convention could be postponed or canceled. >> contingency plans are in place should a worse case scenario happen but again, we're moving forward and expect to put on a convention in the tampa bay next week. >> the tampa bay area is prone to flooding even during an average thunderstorm so a hurricane could cause a lot of problems. it hasn't even made landfall down in florida, tropical storm isaac already putting the squeeze on orange juice prices across the country. for that and the rest of your news before the bell we turn it over to jackie deangelis. good morning. >> jon, good morning. before we get to the o.j., let's talk about the market futures high they're morning after the market had a mini rebound. we saw stocks bouncing off lows

after minutes from the fed meeting showed that the central bank discuss whd to pull the trigger on new measures to boost the economy suggesting that action may be coming sooner than later. that happened three weeks ago before a round of positive data came through. in the united states we're going to get data on unemployment, manufacturing and new home sales so watch for that. the dow slipped 30 points to 13,172, the nasdaq closing up 6 points to 3,073. as you mentioned orange juice futures jumped 6%, that was yesterday, to a 6-week high after forecasters warned that tropical storm isaac will strengthen into a hurricane and could possibly hit south florida by monday. florida's the nation's biggest orange juice producer. in today's number that would be about a quarter of the u.s. production. but experts say frost and disease, they have done more

damage than hurricanes so we'll see. jon, back to you. >> thank you very much, jackie. check in with you later on. >> here we go. you got to love this. the sails flying on the bay all over again as the america's cup fleet races get under way. >> 11 crews from eight countries will be out on the water. there are two types of racing. match races took place yesterday, two boats race against each other. today, the fleet races begin. fleet racing is when all of the boats are in the water at the same time. it starts at 2:00 p.m. watch the action at the america's cup village at the marina green, and we'll have live reports starting at 5:00 p.m. i was in the city earlier and i got to see them practicing. >> right up there. >> right up there with them. >> cool setup. >> we'll cover that i guess all summer, it's into the fall. already. >> we're going to have it here on nbc. we're the official broadcast home. >> the olympics, now this. >> isn't it great.

and the giants station. yes, it's good to work for nbc. i hope the bosses hear that. good morning to you. temperatures are looking fantastic as you're making your way out the front door this morning and yeah, winds are going to come into play yet again as those mariners take to the water today in the bay. and what's interesting about the winds today, they are shifting so i'll tell what you that means for the course. but with winds strong enough depending on which direction, sometimes they have to change the course to adjust to the winds. 59 in oakland. 60 in sunnyvale. great looking day shaping up. give your ac a break. low pressure came through overnight. that's now racing into the midsection of the nation. we've got a cold front on the way, this is working against an area of low pressure so you have two competing systems you get a tight pressure gradient. that kicks up the wind and causes the winds to shift. we'll see the fog, it's not going to last as long as yesterday.

more sunshine today. as a result a little warmer in the afternoon. foggy at the coast. likely getting flight delays as we have for the past three mornings. 84 in concord, not too shabby. 87 in livermore, 62 in san francisco today and 77 degrees down in redwood city. so comfortable along the peninsula and through the silicon valley. through the next couple days things stay steady. then we shift into the warmer direction. especially monday, tuesday and wednesday, temperatures back in the 90s. i want to point out, though, if you want to watch the america's cup you can do so right here on nbc bay area on sunday, all the action starts at 11:00 a.m. 4:50. back to you guys. >> something to look forward to. did you hear this story, a pet turtle in southern california had to be rescued from a very unusual spot. it was tied to a bunch of balloons stuck in a tree. animal rescuers in oceanside say someone attached that poor

turtle to balloons and let it float away. >> that's a good size turtle. >> it's a horrible thing to do. san diego humane society is caring for the turtle while they search for the suspect who tied it up. >> one of the strangest things. hopefully felt it was a nice vacation. >> high up in the clouds. >> 4:51. still ahead, a clean sweep. the giants keeping their first place position as they crush the dodgers in the three-game sweep. we'll have all of the highlights. >> a live look outside, the crews moving cones, that means lane restrictions going to clear from the north side of the bridge. we'll show you what's going on in the south bay coming up.

>> welcome back everybody. the first place giants feeling the magic heading home coming home after a full sweep in l.a., they crushed the dodgers, getting things started early for the g-men. that's nice. the two-run jack, a nice home run in the first inning. he helped the giants score five of the eight runs. they beat up on the dodgers 8-4. matt cain said the team is liking what they see. >> still got that left and we got to play well at home and go on a road trip. we can't get too far ahead of yourself. we played good these three days over the road trip we played

good. so take that and run with it. >> words to live by. never get too far ahead of yourself. the giants back at home tonight, they take on the braves. >> giants canceled their order for 20,000 melky cabrera t-shirts for a giveaway. they will feature pagan. cabrera was suspended for doping. >> do the crime, do the time. let's check it out what's happening on the roads. >> really the only major things going on are construction but a new report for the south bay. first we'll show you the speed sensors, down to 60 so not a major concern. the only other report than constructions some sort of traffic hazard. on 101 reports of debris or maybe a disabled vehicle. someone called that in. they are checking out the surface street.

i'll check out the freeway. we don't see anything coming around the bend. the volume picks up a tad bit. i'll let you know if there are traffic breaks scheduled. 101 in the north bay, a smooth drive. smooth through the curve down to the richmond/san rafael bridge. >> 4:56. we're here to tell you the friendly skies may not be so friendly. >> united airlines stripping down the cushions on their seats in the planes to try to free up space in the economy class. chicago-based airlines say the new seats will be thin enough, get this, to add another row on each plane. >> you sit on card board? >> they say without reducing leg room. officials say the new seats will be lighter reducing fuel costs which i'm sure they will pass on to you. alaska, southwest, spirit airlines have all announced similar plans. to add a row.

there's not that much cushion, is there? >> stillç ahead on "today in t bay," a major league baseball suspension in the bay area, this time for the oakland a's a. reaction to bartolo colon's doping allegation. >> the first day for students back at school. where a girl was struck and killed in a crosswalk last year. what the city is doing to try to make the intersection safer.

>> reporter: another bay area baseball player suspended after a positive drug test, this time it hits the oakland a's. fan reaction coming up in a live report. >> reporter: and the battle against vicious mosquitoes takes to the sky along the peninsula today. good morning. i'm marla tellez with that story coming up. >> and those mosquitoes love weather in the 80s inland. we've got the 70s bay side and the 60s at the coast for today. and temperatures are