new this morning, reoccupation. dozens of tents spring up in san francisco's justin herman plaza overnight after a day of protests marking the occupy movement's one-year anniversary. police are already standing by. we are live with the latest. and the san jose police chief announcing he is leaving that post after 18 months on the job. what will it mean for the city and its leaders? we have reaction from the city council. and anti-american protests turn deadly in afghanistan as the u.s. announces drastic changes to its military strategy. right now we give you a live look outside spanning the south bay on this tuesday, september 18th. this is "today in the bay."

it is 4:31 on the nose. good morning, i'm jon kelley. >> and i'm laura garcia-cannon. let's start out with the forecast. rob mayeda in for christine. good morning. >> good morning. in that view of san jose earlier, we've had a lot of low clouds inland. certainly jacket weather. a good strong sea breeze again hitting fairfield into livermore so plan on a cool afternoon. mostly 70s inland and 60s in san francisco. only 73 degrees today in san jose. mike. >> folks. this is 880 just north of the truck scales. there are flares blocking the slow lane as well as your right shoulder. there's an earlier accident. doesn't sound like any injuries but there's debris over quite a bit of roadway and one lane

blocked. over here we'll show you the maps. this is just where it says warm springs district on the northbound side. the 680 slowing, there's nothing there. i checked that with the camera and didn't see any problems. we'll continue to follow fremont. happening right now a very tense situation between occupy protesters and police in san francisco. >> after a day of protests, dozens of demonstrators began setting up tents overnight in justin herman plaza in what some are now calling a reoccupation. bob redell joins us live from san francisco where police are keeping a very close eye on that group. good morning, bob. >> reporter: good morning to you, laura and jon. behind me in justin herman plaza you've got about 30 -- i'm guessing about 30 occupy protesters with one, two, three, four, five -- i think five or six tents set up. if you look down market street you've got about 30 san francisco police officers. now, the two groups have been in

contact with each other and they actually had a meeting just moments ago. a captain with sfpd talking with some of the protesters saying we don't mind you being here. we understand this is the one-year anniversary, we want to give you latitude. as long as you keep this peaceful, that's okay. they have let them play music and set up tents but starting at 5:30 we would like to see those tents come down. have them down by 6:00 because they do not want them to establish a, quote unquote, camp out here. we've talked with some of the protesters. it's not clear what's going to happen at 5:30, 6:00, whether or not they're going to comply. >> i don't know where they expect everybody to live and be housed. that's a major movement -- of this movement. that's part of this is taking space. >> reporter: occupy protests

throughout the country took place yesterday to commemorate the one-year anniversary of this movement. a few hundred occupiers marched through the financial district here in sf. this took place yesterday as well. protesting outside the banks for their role in the financial and foreclosure crisis. then roughly 75 people from that group splintered off over here with the goal of occupying the space indefinitely, according to one spokesperson. as you can see back out here live, that original 75 number has dwindled. like i said mob aybe 30 people here. both police and the protesters have been talking with each other and the one conversation i witnessed was very amicable. but they do have a deadline in about an hour, the police want to see them taking down those tents. there's probably six or seven right now. report live, bob re del, "today in the bay." it was an announcement no

one expected. san jose's police chief retiring after 18 months at the head of the department. it comes just as the city tries to figure out how to combat a serious spike in violent crime and growing tension between the police and city leaders. the council and the police union will hold dueling meetings on public safety. marla tellez has more on why chief moore says it's time to move on. >> reporter: after serving 27 years with the san jose police department, chief chris moore said many factors influenced his decision to announce his retirement, including the ability to spend more time with his family. but his timing could not bow worse according to at least one city council member. the city is now going to have to spend months searching for a replacement when they should be focused on fighting an uptick in violent crime. tonight the city council is holding a study session at city hall to review police response

to recent crimes and gang activity. coincidentally while that's happening the police officers association is sponsoring a crime prevention meeting tonight in east san jose to offer residents tips on how to protect themselves, families and property. no surprise chief moore says part of his decision has to do with the state of his police department, which has endured 65 officer layoffs and pension reform. >> 30 years is a long time in any business, and in law enforcement it's the right time in our business. you know, if i think about all the decisions or all the factors that led into it, clearly our scenario and what we're facing had something to do with it, i'm not kidding you. you know, i've been disappointed that we weren't able to get some things done through negotiation that i think perhaps i wish we had. >> reporter: currently the san jose police department has 1,050 officers and we're told the city san jose's size should have

1500. coming up i'll have more on the meetings in case you are interested in attending. chris moore's last day on the job is january 31st. this morning a story you'll only see right here on nbc bay area, the santa clara county district attorney's office investigating a possible hate crime. police investigators say a san jose man walked up to an islamic booth at the recent santa clara art and wine festival and punched a volunteer right in the face. witnesses claim that man had been screaming anti-muslim slurs at that booth a couple of minutes before the attack happened. the suspect was arrested after the attack and one witness tells us that they believe current unrest and tension in libya, and other parts of the mideast led up to the assault. >> it is not okay, it is not okay, especially in america. it is not okay just to come up to someone and punch them because we are expressing our freedom of speech. >> santa clara police and

investigators there say they are finalizing their report on the assault and will pass the case along to the d.a.'s office to try to determine if it meets standards for a hate crime. it is 4:38. new this morning an afghan insurgent group is claiming responsibility for a new suicide bombing that killed at least a dozen people near the kabul airport that. the group says the attack was direct retaliation for the anti-islam film posted on youtube that has spurred days of anti-american protests throughout the middle east. nine foreigners were killed, most of them pilots for an international courier company. this morning there was also new word that the u.s. military has halted all joint operations with the afghan military over concerns of more insider attacks. one senior military official said be just can't trust them anymore. tracie potts has the latest from washington. >> reporter: joint operations with afghanistan's military are suspended indefinitely after four americans were believed to

have been killed by afghan troops. >> we will do all we can to minimize those risks, but we will not lose sight of the fundamental mission here. >> reporter: in libya, a tribute to ambassador chris stevens. >> chris was able to protect in protecting our city, benghazi, but benghazi was unable to protect him. >> reporter: libyan authorities and the fbi are cooperating, but libya is running the investigation into stevens' death. >> these are not the people who were demonstrating for democracy and overthrowing gadhafi. these are the people that were the losers, the al qaeda-type elements that are seeking to overthrow what has been achieved. >> reporter: meantime anti-american protests around the region continue with some countries untiebl protect our embassies. >> we have governments that had a lot of will to protect us, but may have overestimated the capability of the forces that they had around and had to

augment. >> reporter: for now our embassy in kabul is closed. americans are urged not to travel to afghanistan or stay away from crowds if they're already there. tracie potts, nbc news, washington. the time now 4:40. let's check in with rob mayeda to tell us what's happening. tuesday, another cool start and more clouds. >> it's not what you would expect this time of year, we've been talking about the last few days of summer and it's not feeling like it, especially for the afternoon. the mornings can be foggy at times but the daytime temperatures are what's going to surprise you later on. right now 56 in san jose, 54 in san francisco and a few upper 40s in the north bay. but again the most important number on our wind chart is what's happening in fairfield. you've got the southwest winds blasting inland at 24 miles per hour. so again today we're going to see the clouds out on the coast, relatively cool temperatures second half of the week. we'll start to see some warming. look at this, 9:00 still have low clouds out there by livermore.

then once again toward evening the low clouds spill back across the bay by 8:00. jacket weather all day long around the inner bay. we'll see highs in the low to mid-60s. mid-70s closer to san jose and only near 80 out by livermore. really not much change between now and wednesday. then thursday and friday a little bit of warming and turning even cooler as fall gets started this weekend. mike. we're looking at the commute not yet started in the south bay. a smooth drive but the maps will show you. we're looking at the northbound routes and no major issues. i do want to tell you you lose three lanes northbound 101 between shoreline and old middlefield heading up just north of 85 through mountain view and up into -- along the peninsula. now, on the east bay we do have an issue north 880 at auto mark parkway. with the live camera i've been watching this and i did just see the majority of the lights leave the area. you still see the flares but it looks like all crews just in the last couple of minutes have

cleared the scene. i'll double check with chp and make sure that's okay as far as the offramp goes. still ahead, mitt romney explaining himself, but not backing down this morning after some controversial comments he made at a fund-raiser. the secretly recorded video that is spurring a new round of criticism against the republican candidate. and a terror threat on board a flight from san francisco actually turns out to be a hoax. what happened that left the pilots demanding some answers. plus apple fans are excited for the iphone 5 and now so are shareholders. the company stock price is hitting record highs overnight. we'll take a look at your business headlines.

just into our newsroom, a french court is now ordering closer magazine to hand overall its topless photos of the dutchess of cambridge within 24 hours. the photos showed dutchess catherine sun bathing topless during a summer vacation with her husband, prince william. buckingham palace says the photos, which were taken a half a mile away from the villa using a high-powered lens violates the couple's privacy. the couple may also file

criminal charges against the up named photographer. this morning authorities at jfk airport are trying to track down the person who called in a threat. the anonymous phone call left two planes sitting out in a holding area for hours while the pilots were kept in the dark. >> i don't have a thing at this moment except that you and the aircraft beside you need to wait in that area. >> okay. we're surrounded by emergency vehicles, there's a reason for this. somebody's got to give us the reason or we're going to evacuate the aircraft. you got 60 seconds. >> we have the information. can you possibly call? >> negative. i would demand the information right now over a frequency. >> officials say somebody called jfk and said hijackers were hiding inside an american airlines flight from sfo and flights from finland. security crews spent more than an hour searching them before the call was determined to be a hoax. apple has a brand new record

on wall street this morning thanks in large part to the iphone 5. you heard of this new gadget apple has? for that an the rest of your news before the bell we turn it over to hampton pearson live in washington, d.c. good morning, hampton. >> reporter: hey, jon, yeah. apple passes a new milestone. the company stock topped $700 a share in after-hours trading last night, which puts its market value as more than $656 billion. it is the world's most valuable company. apple is being boosted, of course, by iphone fever, again. the company says it sold more than two million of the new iphone 5s on the first day of preorders. smartphones will hit stores on friday. apple said demand is quickly depleting supply. many will be delayed a few weeks until october. futures are lower after stocks took a breather from the recent rally. investors are taking a break after the fed announced last week it would buy billions of

mortgages each month to try to keep interest rates low to spur the economy. the markets may have also been impacted by a brief plunge in oil prices midday. the chicago merc says no technical issues were in play. we do get data a little later this morning on housing but that's the difference between u.s. exports and imports. the nasdaq slipping 5 to close at 3178. for an early look at business headlines, back to you guys. >> we'll check back with you a little later on. thank you very much. right now we want to check in with meteorologist rob mayeda. bringing cooler temperatures as well. >> it's the last week of summer, a little bit of a letdown. but if you like the cool weather, you loved yesterday. about 10o 15 degrees from what we had this weekend. today if you're looking for warm temperatures, it's going to be livermore maybe getting close to 80. if you're heading out to the ballpark a little later on this evening, hopefully the same

results as last night. we'll see a similar start at 7:15 but now the sun sets before 7:15 letting you know we're getting closer to fall. upper 50s around first pitch time as you watch the winds about 10 to 20 miles per hour, so another cool night out at the ballpark and cool start to your day. we've got 40s and 50s outside and low clouds all the way banked up around the altamont pass. you can see the winds strongly onshore and an all-day sea breeze keeping san francisco and oakland quite well. satellite/radar view shows you we still don't have any monsoon moisture. if you're headed up to lake ukiah, you'll find numbers closer to the 80s this afternoon. actually warmer in seattle and portland today. that's where high pressure has moved off to the north. for us we've got this supercharged sea breeze. 60s and 70s and lots of low clouds for the morning. sunshine inland during the afternoon. as we head through the afternoon just like we had yesterday, we're looking at temperatures

mostly in the low 70s in san jose, upper 70s to near 80 in the warmest places out near the tri-valley and in the north bay another cool day. temperatures in the low 70s. so not much change. thursday and friday look to be the warmest days and trending cooler and breezy. cooler than today coming up by next sunday. 4:50 right now. on to decision 2012. mitt romney's campaign appears to be in damage control mode this morning after new video surfaced showing some controversial moments and comments he made at a private fund-raiser. in the secretly recorded video, the republican presidential nominee is heard talking with wealthy donors, giving them a snapshot of voters. that video wa given to the liberal magazine. here's a portion of it. >> for the past three years, all everybody's been told is don't worry, we'll take care of you. how are you going to do it two months before the elections? there are 47% of the people who will vote for the president no

matter what. all right. there are 47% who are with him who are dependent on government who believe they are victims, who believe the government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you name it. that that's an entitlement and they will vote for this president no matter what. and i mean the president starts off with 48, 49, he starts off with a huge number. these are people who pay no income tax. so our message of low taxes doesn't connect. he'll be talking about tax cuts for the rich. and so my job is not to worry about those people. i'll never convince them. they should take personal responsibility and care for their lives. what i have to do is convince the 5 to 10% in the center that are skbants, that are thoughtful, that look at voting one way or the other depending upon in some cases emotion, whether they like the guy or

not. >> at a news conference last night romney said those comments were not elegantly stated and were spoken off the cuff. but he is also not backing away from them. >> i recognize that among those that pay no tax, approximately 47% of americans, i'm not likely to be highly successful with the message of lowering taxes. that's not as attractive to those who don't pay income taxes as it is to those who do. and likewise those who are reliant on government are not as attracted to my message of slimming down the size of government. and so i then focus on those individuals who i believe are most likely to be able to be pulled into my camp and help me win the 51 or 50.1% that i need to become the next president. >> romney is calling for the release of the full video, not just the clips posted online, saying it will put his comments into context. >> with the election just seven weeks away, that will be getting huge play all over the country.

4:52. an unexpected finding that could turn a bay woman into a multimillionaire. we'll explain the $7 million connection coming up next. and a nice look at 101 palo alto. the peninsula moves smoothly. we'll get you an update on the fremont incident and a new one for the east bay coming up.

good morning, folks. let's take a look out. the bay bridge not a problem but

i do want to show you an issue for the east bay. highway 24, sounds like a deer was hit and may unfortunately still be in the roadway approaching the 680 interchange. we don't see any slowing but there may have to be a traffic break just a couple of minutes. i'll let you know if chp warns us about anything going on. construction 680 both directions between the area of walnut creek and danville. a nice smooth drive past the earlier accident. the sensors show red just approaching the area where all the flares were but a live look will show you no major issues. in fact the flares have just burnt out. it certainly doesn't affect the traffic anymore, guys. this next one is an unusual story out of nevada that could be very, very good news for a woman from san rafael to the tune of a multimillion dollar deal. >> a pretty penny there, pretty gold. the story begins in carson city, nevada, where a 69-year-old man, walter samaszko jr. died in his

home in june. he had just $200 in the bank, his home recently put up for sale. >> but -- >> but is what's key. look at that photo there. after his death the realtor discovered rolls and rolls of historic gold coins. it turns out that gold is worth $7 million. the man had no will, but after a lot of searching, they actually found a distant cousin living in san rafael. she appears to be his only living relative and officials say she'll likely inherit everything. only the irs will take its share first. >> that's how it works. 4:57 right now. still ahead on "today in the bay" was it illegal spying? what the fbi is saying about new documents saying the agency was tracking occupy protesters. plus a major shakeup in san jose's police department after the police chief announces his retirement. what it means for a city struggling to keep enough officers on the streets.