good morning, i'm bob redell. we're live in san francisco where sfpd has given occupy protesters here in justin herman plaza one hour to remove their tents or they say they'll do it for them. that story coming up. an overnight fire in the east bay sends one firefighter to the hospital, seriously damages a san leandro restaurant. and i'm rob mayeda tracking some low clouds and surprisingly low temperatures for this time of year. i'll have your forecast straight ahead. and i'm tracking that incident in lafayette. we'll show you how 24 shapes up, if there's any slowing near that interchange. right now we'll take you live outside for a look over san jose. the dawn before the sun comes up, a little purple haze for you on this tuesday, september 18th. this is "today in the bay."

good morning to you and thanks for joining us. it's 5:01. i'm laura garcia-cannon. >> and i'm jon kelley. one firefighter is injured battling a restaurant fire in san leandro. we have a live look at that scene following the fire. the injured firefighter is being treated at a nearby hospital and is expected to recover. he was injured while battling a two alarm fire at the tequila grill. it started just after 2:00 this morning. the cause at this hour still being investigated. the tequila grill is located near the intersection of east 14th street and estuio avenue. police are keeping a close eye on protesters that have reoccupied justin herman plaza overnight. bob redell is live in the city with the very latest on the situation for us. good morning, bob. >> reporter: good morning to you, laura. behind me maybe you have 30 or

40 occupy protesters. if you look down market street you've probably got about 30 police officers in their squad cars. police right now don't have a problem with these occupiers happeningi hanging out on the plaza. both sides have been talking. sfpd has given the protesters until 6:00 to take down the eight tents that you can see they set up on the ledge or, as one captain suggested, the police will take them down themselves. protesters have been out here all night long. one occupier telling us it is her intention to reoccupy the plaza indefinitely like they did several weeks late last year. police and protesters have been meeting this morning. police recognizing since this is their one-year anniversary they do want to give them some latitude. they let them play music and allowed the tents for the time being. at 5:30 police want them to start dismantling them, down by

6:00. >> we're assembling, we'ring to our rights. we feel that we do this -- it's our liberty to do it. >> reporter: and what do you think of the past year for the occupy movement, do you think it's been successful? >> it's been a lot of work. we put a lot of work into it in the past year. it started out great. we had a lot of very strong activists. we had very good intentions. however, there was some issues last year with violence and that wasn't us. >> reporter: there were occupy protests throughout the country yesterday to commemorate the one-year anniversary of this movement. a few hundred occupiers marched through the financial district here in san francisco protesting outside of the banks for their role in the financial and foreclosure crisis. then we're told about 75 from that group splintered off over here to justin herman with the goal of occupying this space

indefinitely, according to that spokesman we spoke with and that original 75 has dwindled a little bit. it's hard to tell because some people are in the tents but it looks like there's maybe 20 or 30 outside the tents and maybe 10 inside so maybe around 40 right now. reporting live here, bob redell, "today in the bay." the fbi is involved in this story defending its surveillance of the occupant movement. the american civil liberties union recently obtaining documents proving the fbi tracked several northern california occupy groups. most of that focused on last november's protest at the port of oakland. the bureau says the investigation did stay within federal rules and did not result in, quote, unnecessary intrusion into the lives of law-abiding people. new this morning, al qaeda's branch in north africa is calling for new attacks on u.s. diplomats and more intense protests against the anti-islam

internet video that was produced in the u.s. now, the announcement comes as anger continues to spread over that low-budget u.s. film mocking the islamic prophet, mohammed. more than 700 police guarding the u.s. embassy in thailand. that embassy plans to close at midday, shortly before protests are set to begin. in indonesia protesters clashed with police outside the u.s. embassy in jakarta today. they torched an american flag and tires outside the u.s. consulate. hundreds gathered, some holding banners saying "go to hell america." they are calling for the president to punish those involved in the film. here at home san jose's police chief says he is ready to step down after less than two years on the job. that stunning announcement coming at a time many say is a bad time. the city is dealing with a serious spike in violent crime. tonight tension is expected to

escalate when the council and police union will hold dueling meetings on public safety. marla tellez is in the newsroom with why chief chris moore says he needs to move on. >> reporter: chief chris moore does not deny one of the reasons he's leaving is because he's disappointed with the state of his police department. the fact that he has had to layoff 65 officers, deal with pension reform and a $90 million budget deficit. he said these factors have prevented him from getting things done. >> 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. >> reporter: while he leaves, the police department is still facing an uptick in violent crime and a city council it's not seeing eye to eye with. one is blaming the other and coincidentally tonight both groups are holding respect i've meetings about san jose's recent

violence. it comes at a time when the future of the department seems more uncertain than ever. >> many of us, including the chief, i believe, have lost confidence in the city leadership to deal with public safety and make it a priority. >> reporter: tonight's city council meeting is being dubbed a study session at city hall to review police response to recent crimes. that starts at 7:00. meantime the police officers association, the union, is sponsoring a crime prevention meeting in east san jose to offer residents tips on how to protect themselves. that meeting starts at six:30 at the ymca on south white road. the public is encouraged to attend. chief moore's last day on the job is january 31st. it is 5:07. an east bay city could soon be home to the first ever bisexual pride day. berkeley' city council is scheduled to vote on the proposal later today. if passed, the city would be the

first in the country to identify a separate day for bisexual pride. supporters say the measure was created for bisexuals who often say they feel should know shune mainstream gay and lesbian community. the reality just kind of summer gone and here comes fall. rob mayeda to tell us about it. >> we've been short changed. we're supposed to have a few more days. this weekend was nice and warm but yesterday we saw highs drop about 10 to 20 degrees. this morning it's almost lick groundhog day. we're seeing the same conditions as yesterday morning with strong wind in fairfield and low clouds all the way into livermore. yes, the futurecast showing you as we head towards lunchtime, we'll get clearing skies inland but an all-day sea breeze which will keep our temperatures pretty cool for this time of year. only 79 in livermore. as you get closer to morgan hill, you might find a few low

80s. same story out by fairfield. only 66 in oakland. so between now and thursday, not much change. maybe just a little warmer inland. i think friday is still shaping up to be the warmest day of the week but not as warm as this last weekend. and then for the fall, temperatures falling through the weekend. actually cool and breezy by sunday. mike. >> well, a pretty breezy drive through the bay bridge toll plaza as well. let's take you to the east bay where we're looking at highway 24 where we had an incident involving a deer in the roadway. it's been cleared. no update on status but it has been a nonissue as far as drivers go. still have construction south of there so watch for a little slowing but not enough to really trigger those sensors in this area. we will get a look at the maze and approach heading to the bay bridge. a smooth drive for most of these feeder routes. let's get a live look past the coliseum. there's one lane blocked heading up through downtown. south lane has one lane blocked.

a live look outside across the bay shows you 92 with the headlights coming over to the peninsula side. a smooth, light drive for 92 and 101. the nhl on lockout in full effect it appears some of the league's biggest names are being forced to make alternative plans. joe thornton is planning to return to switzerland and end up hitting the ice to get some action as early as this weekend. a number of other players planning to play over in europe or their home countries. the nhl season scheduled to begin october 12th but all sides say that is very unlikely to happen. for the record the last time they faced a lockout, they ended up cancelling the entire season. an east bay city set to publicly honor two of its world class athletes. walnut creek will honor melissa sideman and mariah coralevi. they helped lead the women's water polo team to victory in

london. the council meeting is scheduled for 7:00 tonight. >> very nice, feeling very happy about everything. 5:11, getting very creative. the very noticeable artistic change coming soon to one bay area bridge. >> reporter: was it a hate crime? that's what one witness says when she was handing out literature on islam. i'll tell you who's going to decide coming up. another video trips up the romney campaign. this time it's governor romney in the video. we'll take a look coming up. but you can always do something nice for your car. chevron with techron. care for your car.

5:13. good tuesday morning to you. questions this morning of hate crimes in the south bay.

an assault at a weekend festival in santa clara has some asking what happened. christie smith joins us live from santa clara. some are saying the attack was retaliation for worldwide muslim protests. good morning. >> reporter: good morning to you. yeah, that's what one of the witnesses thinks, and she says she saw the whole thing. a group was at a booth, an islamic booth, and a man came up out of the blue and started shouting anti-muslim slurs at them and this went on for at least two minutes with the man saying you're all terrorists. that was this past weekend at the santa clara art and wine festival. she and other muslim volunteers were handing out literature when the man walked up. then she says it got even worse. the man took a swimming and punched a volunteer right in the eye. >> i hope that justice is served because it is not okay, especially in america, it is not okay just to come up to someone and to punch them because we are expressing our freedom of

speech. >> reporter: santa clara police did arrest the man for assault. she believes it's a hate crime stirred up by unrest in libya and other parts of the middle east. santa clara police say they are not ruling out that possibility, but whether it's charged as a hate crime will be up to the district attorney. reporting live in santa clara, christie smith, "today in the bay." well, another video and another giant misstep for the romney campaign. last night a magazine releasing video of a speech where mitt romney seems to call 47% of americans free loaders. >> reporter: one analyst for bloomberg says the election is over. in this video shot on the sly at a private fund-raiser earlier this spring, republican candidate romney says 47% of americans don't pay taxes and consider themselves, quote, victims who believe they are entitled to government serves. at a hastily called press conference last night, governor

romney says his claims were, quote, inelegantly stated. now, there are, obviously, big political ramifications to this and people are going to have problems perhaps being called victims. however, governor romney's contention that 47% of americans don't pay federal income tax is pretty much right. the tax policy center took a look at irs numbers, determined that when you mix together the poor, the unemployed working families, the elderly with earned income tax credits, child care tax credits, frankly the bush tax cuts, 47.6% of americans do not pay federal income tax at all. they still pay for medicare, for social security, payroll taxes as well as state tax, gasoline tax, sales tax, property tax, but no federal income tax. let's check in with hampton pearson this morning. good morning, hampton. >> reporter: hey, scott. we've got futures lower after

stocks kind of took a breather from the recent rally. investors are taking a break after the fed announced last week it would buy billions of mortgages 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 at play. we do get data a little later on housing and the current account, that's the difference between u.s. exports and imports. the dow losing 40 points to go to 13,553, the nasdaq slipping 5 to close at 3178. meanwhile american airlines is cutting its flight schedule for september and october. american cancelled about 5% of its flights monday as more pilots are calling in sick. the cancellations come in the wake of american's move to top out the contract so it can impose its own term. the bankrupt airline is trying to cut billions in costs. the pilots union says it is not coordinating a sickout.

scott, back over to you. >> thank you very much. laura an jon, an important mcnews update for you. the mcrib is going to be delayed. mcdonald's usually brings back the mcrib around this time of year. it's going to wait until december. cnbc has been looking into why. the best guess is that mcdonald' is worried about sales numbers. they were so good last year, they need something to boost the bottom line at the end of the year numbers in the last quarter so they'll build up anticipation of the mcrib. you think of mcdonald's being a fast food business on the corner. just like apple, it knows how to build anticipation for a product and this is building anticipation for the mcrib. >> and as you build the anticipation, jon kelley did last year and i went to get one and i thought it was a little mcyuck. >> you need the mcnapkins. but yeah, the campaign, though,

the mcrib. is it going to be picnic weather? >> it might be nice for that or maybe a pumpkin spice latte. this is supposed to be the last few days of summer and you might think of posh can ybarbec questionable food outside. you can see we're in the 50s right now. we've got low clouds and mist in a few spots around san francisco and the coast. we've got a good, strong sea breeze. just like yesterday morning you may be waking up thinking this is the weather version of groundhog day because you've got low clouds all the way into livermore, strong sea breeze reaching fairfield and all this ensures we'll see another cool afternoon today. we'll be lucky if we get close to 80 in some of the warmest spots. between now and thursday not much change. warming for friday. that should be your plans for outdoor barbecues. then turning cooler for the weekend. satellite/radar view is pretty quiet. as we show you what's happening across the pacific, it's pretty fascinating.

portland near 90 degrees. seattle mid-80s. bay area 60s and 70s. the high to the north and really it's that sea breeze winning the battle for our weather today. we've got clearing back to the coast as we head through the afternoon. you notice our temperatures quite cool. we're looking at mostly 60s to mid-70s and we'll see the same pattern come tomorrow morning. low clouds coming back in. 73 in san jose. near 80 degrees in morgan hill. pleasanton, one of the warmer spots, closer to the 80s there. but 70s and low 70s across the north bay. 60s san francisco and oakland. cool temperatures will follow us through thursday. friday does look a little bit warmer and then fall gets started this weekend. here's the appropriate note. you notice those temperatures cooling off. sunday cool and breezy as we start the first week of fall, mike. wow, time is flying. >> and temperatures are coming down a bit which i kind of actually like. we're looking over here, speeds are not coming down. this is past the fremont truck scales, a nice easy drive.

the activity at the auto mall has cleared. so 880 coming up through the area on our maps, a nice smooth drive north of mission boulevard and heading up into union city. no problems for 680 either, a smooth drive into and out of sunol heading down toward that fremont funnel. we do have the build, though, for the east bay. typical coming out of the altamont pass, speeds into the 40s and 50s and then smoothing out where there's just mild slowing through livermore and no problems towards that dublin interchange. live look outside. the south bay northbound 101 coming toward me underneath the 680/280 interchange, that's the volume increase. the rest of the south bay pretty good. we'll move on and look at palo alto. a smooth, easy consistent flow san mateo through the construction zone. look at that, easy beautiful view, guys, back to you.

san francisco's side of the bay bridge about to get a lot brighter thanks to a very big art project. today officials will announce the final details of a plan that will allow an artist to place l.e.d. lights along the western span of the bridge to create a light show. 25,000 lights will be attached to the outside of the bridge's suspension cable between treasure island and san francisco. the lights won't be visible on the bridge, but can actually be seen by anyone along the san francisco waterfront. organizers say they have raised most of the $8 million needed to star the installation. the so-called bay lights are now expected to be turned on in march. so not a distraction to the drivers but cool for everyone else. >> a little eye candy out there. 5:22 right now. coming up, why san francisco's eco-conscious mayor is opposed to the new grown energy plan. plus a new state law that will help thousands of people breaking the law.

excuse us, while we change into something more comfortable. cool. introducing, the square sunnyd bottle.

welcome back, everyone. good tuesday morning to you. 5:25. this morning california has a new law meant to reduce the number of drug overdose deaths by decriminalizing certain drug activity. governor jerry brown signed the 911 good samaritan bill yesterday. supporters say the law was designed to protect drug users and underage drinkers who are seeking medical help. it shields overdose victims and the people trying to help them from facing drug charges. the bill was written by san francisco assemblyman. today the city of san francisco could move closer to launching a brand new clean energy program. the board of supervisors expected to vote today on whether to approve clean power sf. if passed the city would enter a five-year, $19 million deal with shell energy. under the deal the utility would provide 100% renewable

electricity. about half of the city's residents would be automatically enrolled in the program which would also slightly increase the price they pay for power. residents would also be able to opt out for free -- actually for a fee. the city's mayor has said he opposes the plan, saying it needs more fine tuning. >> i guess it's time to put away the slip n slide. >> inland temperatures are really cool. i do not think you'll be able to do that today but maybe by friday. jacket weather all around the bay area. even by lunchtime, livermore 69 at noon. it should be in the 80s this time of year. you can see the temperatures by mid-afternoon only 80 in livermore, low 70 san jose, cool low to mid-60s san francisco and oakland. not much change through thursday and friday is the warmest day of the week turning breezy and cooler when fall begins. let's take a look at the maps. looking at the south bay, really no slowing even on the surface streets.

a light volume will expect to build over the next 45 minutes. we do have the construction still blocking three lanes just north of shoreline heading toward old middlefield. a nice easy drive on the east bay off the castro valley y and a live look toward the bay bridge. the toll plaza, no problems here or down the east shore freeway. back to you. >> thanks so much. 5:27. new this morning, a new sketch that union city police will help someone identify a sexual assault suspect. plus the latest on the two men accused of brutally attacking giants fan brian stowe return to court today. i cannot tell a lie -- 'tis tasty. okay, george washington, did you take my truck out last night? 'tis tasty.

have you heard for the 408 and 669 area codes? no, what is it? starting october 20, 2012, if you have a 408 or 669 number, you'll need to dial 1 plus the area code plus the phone number for all calls. o.k., but what if i have an 408 number and i'm calling a 408 number? you'll still need to dial 1 plus the area code plus the phone number. so when in doubt, dial it out! ...but add some ham and cheese ...roll them up in some crescent dough and tada, thursday is now...

a ham & cheese crescent roll-up wonder pillsbury crescents, let the making begin. that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun. i'llbut not just cheese - burgmac and cheese.ng cheesy... then i wanna add some oomph. and... top it off with a little kick. and... napkins. it's build your own burger. now at denny's. san jose's police department is facing another hurtle now that it needs a new police chief. what this means for the city appear what's next. plus plans for another round of tuition hikes for state schools. we'll tell you how much more

students could end up paying. and we're seeing two cool temperatures this morning and surprisingly cool afternoon temperatures in today's forecast. a look at that coming up. too cool to go to work? no such luck. we have a lot of commuters out there. we'll show you where the slowdowns are coming up. let's take a live look outside. this is from the south bay. certainly a beautiful way to start your tuesday morning, september 18th. this is "today in the bay." good morning to you. thanks for joining us. 5:30, i'm laura garcia-clannon. >> and i'm jon kelley. a firefighter has been injured battling an overnight blaze at a san leandro restaurant. that started just after 2:00 this morning at the tequila grill near the intersection of east 14th street and estudio avenue. no word on the injuries that firefighters sustained but he was taken to a nearby hospital

and is expected to recover. as soon as this morning san jose city officials will start looking for a new police chief. that's because yesterday in a move that really surprised almost everybody here, the city's current chief announced he's retiring after just two years on the job. the move comes at a very bad time for the city with rising crime rates and a growing division between police and the city council. marla tellez is joining us from the newsroom and has more on what's next for the city and two new community meetings that could widen that divide between police and the council. marla, good morning. >> reporter: good morning. chief chris moore's last day on the job after more than 27 years is january 31st. the search for a new police chief starts now and that search could take months. according to one city council member, this is the last time the city needs, to spend time searching for a chief when it should be focused on the rise in

violent crime. they are holding a session tonight in response to recent crimes. this meeting was planned before chris moore's retirement announcement. meantime the police officers association is sponsoring a crime prevention meeting in east san jose that is also scheduled for tonight. this one is designed to offer residents tips on how to protect themselves, their families and their property. that meeting starts at 6:30 at the ymca on south white road. counsel councilmembers and the police union are not seeing eye to eye, blaming each other ft rise in crime. >> i think they were let down today. >> many of us including the chief have lost confidence in the city leadership to keel with public safety and make it a priority. >> reporter: the public is encouraged to attend that police union meeting that's happening on south white road at 6:30. coming up at 6:00, i'll have reaction from mayor chuck reed.

jon and laura. >> thank you very much, marla. it is 5:32. we could find out today when the two men accused of brutally beating giants fan bryan stow will go to trial. marvin norwood and louie sanchez will be in court for pretrial proceedings. a judge ruled there is enough evidence to try both men on assault. they are accused of attacking stow outside dodgers stadium in may, 2011. both have pleaded not guilty. stow is currently in a rehabilitation facility where he's been the fast six months recovering from severe head trauma. he remains in a wheelchair and is having to relearn how to do nearly everything. the two men accused of beating a union city mother to death and then setting her body on fire in oakland will be in court today. suspected gang members salvador velasco and hector garcia expected to attend a preliminary hearing. police say they killed

21-year-old monica alfarro in july of last year and then dumped her body in the rock ridge neighborhood and set it on fire. police have not yet offered a motive. in union city, police hope a newly released sketch will help someone identify a man wanted for robbery and attempted sexual assault. here is the man officers are looking for. they say he robbed a woman at gunpoint and then attempted to sexually assault her. he was scared off by a passing car. if you recognize him, you should call union city police. right now a police deadline looming for the occupy protesters to take down those tents they set up overnight at san francisco's justin herman plaza. bob redell is live there in the city with the latest. bob, good morning. >> reporter: yeah, good morning to you, jon. there are eight tents occupy protesters have set up overnight here at justin herman plaza. you can probably see them in the background. sfpd has asked them to start

dismantling them right now at 5:30 with a deadline of 6:00 is when they want to take them down, otherwise they said they would tab them down themselves. as you can see, it does not look like anyone is taking down those tents right now. there's been discussion between both sides. you can see where the police are staged. they're about 100 yards away down market street, probably about 30 officers here. both sides have been talking and the police said we realize this is a, quote unquote, one-year celebration of your anniversary. they wanted to give them some leeway. they have let them play music and have the tents but they said by 6:00, we do want those tents to come down. whether or not the protesters are going to comply, it's just not clear yet. >> i don't know where they expect everybody to live and be housed. that's a major component of this movement as much as the middle class elements have tried to sweep that aside and tried to say it's something else, as though houseless folks living in

the encampments is like an odd thing. i mean that's part of this is taking space. >> reporter: i don't know if you can see there are probably three police officers up there in the crowd of maybe 20 to 30 occupy protesters. it looks like what they're doing is going to the people in the tents and telling them you've got 20 minutes left roughly to have these tents taken down. now, the occupy protesters as i mentioned have been out here overnight. this is a splinter group from a larger group that protested yesterday in the financial district to mark the one-year anniversary of this movement. they are protesting the banks there specifically for the financial and foreclosure crisis. one spokesperson told us yesterday it was their intention to come back here to justin herman plaza to occupy it indefinitely like they did for several weeks late last year when this movement first began. sfpd telling them you have until 6:00 to get these tents down. it does look like some officers are going through the tents and

telling them, hey, it's time to start dismantling them. reporting live, bob redell, "today in the pay." >> we'll keep checking with you. thanks, bob. 5:37 right now. you could say california state university trustees are preparing for the worst. they are expected to vote tomorrow on a contingency plan that would go into effect if governor brown's november tax initiative does not pass. if it fails, the csu system would lose $250 million in funding. to make it up, trustees want a 5% tuition hike that would go into effect in january. that would mean an in-state student would pay roughly $150 more per semester. certainly something to watch. 5:37 right now. christina loren is off, rob mayeda is on and mother nature is turning that thermostat down a little bit. >> the ocean air cranked down and kept temperatures in the 60s and 70s and is going strong this

morning. we've got low clouds all the way into livermore. a few upper 40s around the north bay and those winds 20 miles per hour through fairfield. strong breeze through san francisco. yes, lots of low clouds again to start the morning. cool afternoon in store today. friday should be the warmest day. we're going to see temperatures climbing up maybe closer to the low 80s in a few spots by the end of the week and temperatures cooling down again this weekend. 8:00, you've still got the fog and low clouds out towards solano county. as we head toward the afternoon, sunshine inland but it's the sea breeze that's not going to warm up a whole lot. mostly 70s inland and this evening we'll see low clouds filling in once again. low 60s san francisco, mid-60s in oakland and upper 70s to near 80 outside the tri-valley. not much change through thursday. friday should be the warmest day. then the weekend, we'll see things turning windy and cooler. how appropriate. fall getting started saturday. falling temperatures there, especially by sunday. >> and it's traffic tuesday so we should see more traffic and

there we go. we look out to the maps and see how things are shaping up for your typical east bay. one of the first spots to show the slowing is 580. all the way on the right you see the red coming out of the altamont pass and yellow and oer orange where you're getting in the 40s. slower drive approaching the dublin interchange from the westbound direction. east out of castro valley, only down around 60 but we usually don't see any dip there. we'll go to a live look outside and look at oakland. no problems north past the coliseum. south moving nicely to the san mateo bridge. in the south bay 101 moves nicely. but the volume picks up 101 just north of tully. authorities at jfk airport are trying to track down the person whose phone call had authorities rushing to quarantine a flight. the pilots were simply 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. >> pretty intense stuff there. officials say somebody called jfk and said hijackers were hiding in the american airlines flight from sfo and another flight from finland. security crews rushed the planes as they landed and held everybody on board while they searched each and every inch. investigators now say it's all clear and the call was simply a hoax. >> amazing. 5:40. a major strategy change. the big change coming for u.s. soldiers in afghanistan adds anger over the anti-islam video continues to fuel violent protests across the middle east.

>> reporter: and was it a hate crime? one woman said a man came up and called her group terrorists as they tried to hand out information about islam and then it got physical. i'm christie smith. i'll have that story coming up.

good tuesday morning, everybody. it is 5:43. we have some dramatic developments to tell you about in afghanistan this morning. the u.s. has stopped working with that country's military for now and 12 people have died at the hands of a suicide bomber, angry over that anti-muslim video that sparked protests all across that region. tracie potts is live on capitol hill with all the latest on these developments. good morning. >> reporter: jon, good morning. let's start with our u.s. troops in afghanistan. four of them killed on sunday, believed to be an insider attack, killed by afghan forces. after that the defense department says no more joint operations for now indefinitely. could be days, could be months. one official there says we can't

trust them anymore. defense secretary leon panetta said even though we're trying to minimize the risk to our troops, we won't abandon the mission. and that suicide bombing was at the airport. a small car packed with explosives rammed into a mini bus that was carrying a number of airport workers, nine foreign nationals who were airport workers and some others who were killed, 12 in all. the group claiming responsibility said they were angry over that video, that internet video offensive to muslims that have touched off protests all over the region. afghanistan has now blocked viewing that on youtube. meantime protests continue as the leader of hezbollah encourages more protests beyond today. some countries have been unable to protect u.s. embassies. jon. >> thank you very much. 5:44. only on nbc bay area this morning, police in the south bay trying to determine if an assault on a man at an islamic information booth was a hate

crime. christie smith joins us live with the very latest and why some claim this attack was in response to the growing u.s. protests in the middle east. good morning, christie. >> reporter: good morning to you. well, once santa clara police finish their investigation, then it will be up to the santa clara district attorney's office to decide whether or not to charge this whole thing as a hate crime. one woman who was part of the group who said she witnessed it said she believes it definitely was a hate crime. out of the blue a man started screaming at her group, cursing, saying they were all terrorists. this was over the weekend at the santa clara art and wine festival. she was with other muslim volunteers handing out literature about islam when she said the man came up to their booth and went off at them. she said without warning the man hit a volunteer. >> he took a swing and he punched one of our volunteers. just punched him in the eye. his eye was swollen. and he started bleeding.

>> reporter: she mentions this was stirred up by recent unrest in libya and egypt and other parts of the middle east. santa clara police, they did arrest the man on site for assault and they say they don't rule out the possibility that this is a hate crime. reporting live in santa clara, christie smith, "today in the bay." time now 5:46. rob mayeda steps back in for christina. again, it sounds like you're going to have to at least take care of this cold weather a little while longer. >> we'll see those cool temperatures, mild for this time of year, but good weather perhaps for the giants. they had another good ball game last night winning. the magic number now eight. if you're lucky enough to have ticket to tonight's game which also starts at 7:15, now post-sunset. sunset now at 7:13. should be in the upper 50s. tim lincecum taking the mound. we'll see winds out of the west 10 to 20, mid-50s as the game wears on. kind of cool out there later on

this evening. low clouds into livermore. the altamont pass. we had the marine layer thicken up even more than it did 24 hours ago. it has no trouble spilling into our inland valleys, especially with winds of 20 miles per hour moving those low clouds out in solano county into fairfield. northern california pretty quiet. of course we have to watch occasionally some moisture coming up from the tropical systems. we have hurricane lane hitting cooler waters but this moisture will stay south of southern california and not impact the bay area. low clouds the story through at least mid-morning action even for our inland valleys. we'll get some mid-afternoon sunshine for the coast, mid-morning sunshine inland and the low clouds come sweeping back in as we head into tonight. mostly 70s. closer to 80 around morgan hill and pleasanton but livermore 79 degrees, close to 80 in fairfield and only low 70s in the north bay. 62 in san francisco, mid-60s in

oakland. typically it's the offshore winds that warm up the paneninsa and the coast. we're seeing the opposite. backing off some on friday. that's going to be the warmest day of the week and then cooler an breezy again. we are going to see those temperatures dropping as we head through the upcoming weekend. sunday inland spots only low 70s. you're seeing the volume starting to build south 880. coming past the truck scales, volume in both directions picking up but no real slowing all the way down toward 280 where there's a nice smooth drive into san jose. a live look at 280 and 880 right here, there's 880 turning to 17 and no problems for 17. a little build here for 280 but the maps will show you the only real slowing right here north 101 where our other camera is and that's just a little slowing north of sis 80. we had earlier construction in san mateo. that still has a cone zone right here and we had a report of cone actually in lanes but that has

cleared from the chp incident without any slowing. nice easy drive into the city. coming over the bay, 92 coming onto the peninsula side, a live look shows you the westbound flow. picking up the volume here but no trouble and no slowing for 92 across the bay. and bay bridge, we have a nice smooth flow as well including at the toll plaza where just the cash lanes so a little backup as is traditional just before 6:00. 5:49. new this morning, an all-night rescue attempt after a base jumper gets stuck 150 feet off the ground near sacramento. we've got video that was shot near the forest hill bridge outside of auburn in placer county. take a look. the base jumper apparently got stuck in a tree there just before 9:00 last night. fire crews are still trying to figure out how to get him down. they say he is injured, but they're not sure how badly. 5:49 right now. there's a new call to rename a peninsula post office for a local hero. representative anna eshew has a

bill to rename the post office after army lieutenant kenneth ballard. he was killed in a firefight with insurgents while serving in iraq back in 2004. he grew up in the city and graduated from mountain view high school. if this bill passes, the post office would rename it after lieutenant kenneth m. ballard and call it the kenneth m. ballard memorial post office. switching gears, it's like winning the lottery without ever playing. it appears a san rafael woman is about to inherit millions of dollars in gold coins. her cousin, 69-year-old walter samaszko, died in his home in carson city in nevada back in june. he had just $200 in his bank account but hidden in his home, look at that, stashed, rolls and rolls of historic gold coins worth than estimated $7 million. >> that's a lot of coins. >> he's your favorite cousin now. that woman is his only living relative and he had no will, so

officials say she will inherit those coins. >> wow, nice day for her. nice. 5:51. coming up, the bay area building considered one of the most elite places in the world to live. sure, you have to wait until friday for a new iphone, but tomorrow you can get a new-looking iphone. we'll take a look coming up. good morning! wow. want to start the day with something heart healthy and delicious? you're a talking bee... honey nut cheerios has whole grain oats

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good tuesday morning to you. 5:53. big changes coming to the state workers' compensation program. governor jerry brown is expected to sign new legislation altering the $16 billion system. permanently disabled workers will get an increase in benefits. employers would also get a break on insurance costs, which is expected to increase by 18% next

year. opponents, however, say the bill may actually reduce benefits for millions of people who are unable to return to work. you heard the expression moving on up? how about this, a local high rise being recognized as one of the best places to live on the entire planet. "worth" magazine ranking san francisco's millennium tower nooipt on its list of top ten residential buildings. the magazine ranking the building based on most desirable residential locations and factored in design and of course wealthy neighbors. topping the list, the elite 157 building at new york city's carnegie hall, which hasn't even finished construction yet. 5:54. small business owners have been pushing for amazon.com to start charging sales tax for years, so the internet giant wouldn't have such a price advantage, and last saturday amazon did. scott, will it really help out the mom and pop shops?

>> reporter: probably not, laura. this happened earlier in texas before it did in california. analysts have really solid numbers to work with. shoppers said they're going to cut way back on amazon.com purchases. but when amazon did start charging tax in that state, sales remained largely unchanged. it turns out it's the convenience, not the cost, that seems to be the biggest factor. shares in apple jumped over $700 for the first time on monday. here you see the line growing at the fifth avenue store in new york city as people wait for iphone 5. shares settled to about $699 where they will open this morning. apple is easily the most valuable company in the united states, selling millions of iphones. look at these headlines. cnbc wonders if there are too many iphones being sold too early. they say they are front loading the numbers. business insider says apple's best days are behind it and the new math app will stink, despite

the fact it's not out yet. the iphone comes out friday. but tomorrow we expect all apple users will get access to the new mobile operating system. most notably is what goes away. no more google maps or apple youtube app but there are improvements and a new look for your iphone or ipad starting tomorrow. >> an apple a day, right? let's check with rob mayeda. >> the forecast still free. we've got temperatures in the 40s and 50s, lots of low clouds. lunchtime temperatures, it's still jacket weather even in our valleys. as we head towards 4:00, that's when you're close to 80 in livermore. not much change to thursday. friday still looks to be the warmest day of the week. cooling again this weekend. looking over here, things are starting to heat up at the toll plaza bay bridge as the cash lanes back up but no metering lights just yet. another 15 minutes or so here.

looking at the maps the approach moves slowly at the maze, a little slowing at the berkeley curve. but a disabled big rig west 80, your commute direction at san pablo dam road or the approach and we are looking at another incident at herk loculeshercule. there may be a number of cars in an accident there. we'll check on that and give you the update. back to you. still ahead, mitt romney offering an explanation for some controversial remarks caught on a secret recording. what he said to donors that has democrats and some republicans up in arms this morning. and we'll take you live to san francisco to find out if the occupy protesters listened to police this morning, breaking down those tents. here you go little man.

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