we'll show you the hard knock that the giants just will not let slide. and what a difference 24 hours makes. temperatures today are going to climb. we're done with the fog at least for now and we're headed towards a heat wave. i'll break it all down in your full forecast. and we're already in the middle of a big problem for the south bay. northbound 101, a second accident, that causing slowdowns for that side of the freeway out of san jose. we'll bring you the latest. speaking of san jose, taking a live look outside downtown by city hall. it is tuesday, october 16th. this is "today in the bay." good morning. thanks for joining us. i'm laura garcia-cannon. >> and i'm jon kelley. good morning, everybody. new this morning, firefighters racing to put out flames pouring out of a restaurant supply store on the peninsula. this one happened at county restaurant supply on old county road and cherry street in san carlos. the fire broke out about 12:30

this morning. witnesses say very heavy smoke was coming out of the building and the crews there were able to get the flames under control in less than two hours. we can also tell you that firefighters are still there on scene monitoring that building for any hot spots. a court hearing in washington, d.c., could have major impact on the medical marijuana business here in the bay area. the u.s. court of appeals is hearing arguments today on how the federal government classifies the drug. christie smith joins us live in oakland with more. good morning, christie. >> reporter: good morning to you, laura. i just got off the phone with a representative from harborside medical center. they're all in line waiting to get into this hearing in shington, d.c., and the outcome could change the classification of medical marijuana on the federal level. right now it's grouped in with drugs like heroin. harborside here in oakland billed itself as the world's largest medical marijuana dispensary. it's part of the short-lived hbo

series "weed wars." recently a federal lawsuit was filed to stop the department of justice from trying to get the center evicted. the group americans for safe access is challenging the dea's classification of medical marijuana. the dispute now being taken up by a three-judge panel. the decision is really critical because it oversees many federal agency's decisions and this is just the latest step in a drug regulation case that actually started ten years ago and could completely change how federal law enforcement pursues this issue altogether. i'm told, though, a decision is not expected today but probably in the coming months. reporting live in oakland, christie smith, "today in the bay." a bay area native who died serving his country in libya will bow honored today in san francisco. thousands expected to pay tribute to ambassador chris stevens at a memorial service at the city hall rotunda today. stevens was one of four americans who died during an

attack at the u.s. consulate back on september 11th. when asked about the attack, secretary of state hillary clinton says she accepts responsibility for diplomats' safety. >> and that's what i was very much working on day an night, to try to make sure that we intervened with governments, we did everything we could to keep our people safe, which is my primary responsibility. >> today's memorial for chris stevens starts at 4:30 this afternoon. the public is encouraged to attend. coming up at 6:30, we'll have a live report from bob redell with specifics about the list of government leaders and dignitaries expected to attend the event. turning now to decision 2012 and the race for the white house. this is a look at hofstra university in new york where the stage is said for the second presidential debate of the campaign. and this time the candidates are not going down without a fight. the second debate is a town hall

format with questions from the audience. the candidates will be pushing their own agendas, no doubt. aides say the president will bring up romney's vague tax math and the 47% comment secretly recorded at a fund-raiser. as for romney, he's focusing on boosting his likability. >> the number one piece of advice that he's getting is to engage with these questioners. in town halls he has a tendency when he gets a tough question to back away. >> reuters daily tracking poll still has president obama ahead by two points, essential low a tie. you can watch the debate live from hofstra university in new york right here on nbc bay area starting at 6:00 tonight. the giants getting back into the groove, heading off to st. louis with a big and much-needed win under their belts. the series now tied at one game apiece as the giants and cardinals play for that national league championship.

indeed the hometown crowd had a lot to cheer about as the giants beat the cardinals 7-1 last night at at&t park. but the cheers did turn to boos at one point during that game. take a look at this. cardinals matt holliday flattening the giants marco scutaro trying to break up a double play. after the game holliday says in mind sight he probably would have done things differently. >> i hope he's okay. i know him, he's a good goi. >> scutaro managed to get a hit later in that ball game before being pulled from the game with a hip injury. he will likely require an mri today. let's hope it is not too serious. game three is set tomorrow, 1:00 in the afternoon down in st. louis. giants' ace matt cain is scheduled to be on the mound. >> you're going to get a day off from watching baseball and maybe head to the beach. >> and then head right back for the presidential debate tonight.

63 degrees in sonoma, which you can catch right here on nbc bay area. 56 in napa and 62 in san francisco, 61 in livermore and cool out in sunnyvale, 58 degrees. we have some traffic issues this morning. mike will update you on that. as you can see, not dealing with as much cloud cover, not nearly as much as we had just 24 hours ago. whatever fog does develop will hug the coast line and burn off very rapidly. 10:00 a.m. we stop the clock again and kpletly clear over the greater bay area including the san francisco bay. we'll warm your numbers up to 86 inland, 79 bayside and 70 degrees at the coast. tomorrow a warm start. downsloping winds will bring your temperatures close to 90 degrees bayside and at the coast. closer to the century mark inlane. we'll show you where and how that works out on your seven-day forecast. as promised, let's get to that drive first with mike. >> it is a nightmare for northbound 101 coming out of san

jose. here's the volume at 680 but look at the map and we'll show you the big impact for the area. let me get you back to the san jose map if i can. well, there's the bay bridge toll plaza. we'll talk about this real quickly while i try to reset my maps. we're looking at the backup at the toll plaza. and the volume pretty heavy heading to this area. i'm not exactly sure why because there are no accidents on the span itself. now if we can take you quickly to the maps where i want to show you real shortly this big red strip here north of the airport. from the airport up to great america parkway, we do have an accident blocking basically all of your functional lanes. you have the shoulder but folks are squeezing by and a new accident in the backup on the southbound side in one of your fast lanes. another distraction coming past the airport. there are your alternates. alameda, central expressway or 237 to get past that scene. this is a huge issue but we'll

track that for you. >> he's running around in the background and never loses sight of what's going on as he resets the computers. the city of palo alto fighting back against a surge in home burglaries. they have seen a 50% increase compared to this time last year. one man says he knows what it's like to be a victim of crime. thieves broke into stan hutchings' car twice in his driveway. hutchings hopes being proactive will help solve the problem before it gets any worse. >> it's not so much the property that we're concerned about, but the possibility of violence against people. this sort of thing can escalate. >> palo alto police report 160 home burglaries compared to 108 the same time last year. it has been the center of controversy and now a new cell phone tower may not be going up next to a south bay elementary

school at all. neighbors have collected more than 800 signatures opposing a plan that would put a verizon cell tower near the campus of evergreen elementary school. verizon has already agreed to lower the height of the tower, but neighbors right now demanding a different location away from the students and away from the school. there will be a public hearing on this issue before the san jose planning commission taking place next week. coming up, child labor in iphone factories. we'll tell you where students are being pulled from school and onto the assembly line. and pizza hut rethinks that very strange question it wanted someone to ask the presidential candidates. we'll take a look ahead in business news. >> reporter: also a popular restaurant chain wants to open up another drive-through in the bay area. good morning, i'm marla tellez. i'll tell you why chick-fil-a is being met with more resistance coming up. right now let's take you outside for a spanning shot live over san jose. get your morning started, hopefully a nice cup of java and smooth ride to work.

mike will tell you about the roads and christina loren has an interesting forecast ahead. we'll be pack. [ woman ] dear chex cereal, i've never written a fan letter before, but you've done what i thought was impossible: you made good-for-you, gluten-free cereals in a whole bunch of yummy flavors. cinnamon chex and honey nut chex are two of our favorites. when my husband rob found the chocolate one, we were in cereal heaven. the only problem is, with so many great flavors you're making it very hard to choose. so thanks. from your fans, the mcgregor family. 'cause we love chex. [ male announcer ] love chex? connect with us on facebook.

welcome back, everyone. how about that. that's a nice shot, glowing of the bay bridge there. a lot of traffic building up on that upper deck. mike inouye will tell us what to watch for as you head out. it is 6:12. a meeting will be held in mountain view tonight to discuss plans to open a new chick-fil-a along el mean yo real. those plans are being met with criticism. marla tellez is live in mountain view this morning with the details for us. good morning, marla. >> reporter: laura, good morning. well, we certainly all know how busy el camino real can be even at 6:15 in the morning. traffic is picking up here. take a look for yourself, this is a location on west el camino

in mountain view. chick-fil-a wants to turn this sizzler into another chick-fil-a. the company already has more than 1600 locations nationwide. you may recall the restaurant chain recently opened in san jose amid some controversy. protesters upset over the owner's comments about gay marriage. but acocording to the "mercury news" opponents of this location have another bone to pick. they have filed an appeal that takes issue with the drive-through that would come with the 4400-square foot restaurant. they say it would make el camino more dangerous for bike riders in particular. they also say noise and air pollution would become a problem for people who live nearby, but the zoning administrator who approved the initial project tells the papers the drive-through would shut down at 10:00 p.m. and that would reduce the impact to a, quote, acceptable level. tonight the mountain view city council will consider this appeal and you are invited to attend. if you'd like to go, the council

will meet at 6:30 at city hall on castro street. for now we're live in mountain view, marla tellez, "today in the bay." it is 6:14 right now. here's a quick check on the day's top stories. fire tearing through a restaurant supply store on the peninsula overnight. the county restaurant supply store caught fire just after 12:30 this morning. it took crews about two hours to get the flames under control. good news, nobody was injured. a memorial service will be held in san francisco today for u.s. ambassador and bay area native chris stevens. he died in the terrorist attack at the u.s. consulate in benghazi, libya, on september 11th. today's memorial will be held at san francisco city hall at 4:30. right now president obama an mitt romney both brushing up on their talking points ahead of their second presidential debate going off tonight. the town hall style debate will be held at hofstra university in new york. you can watch it all right here on nbc bay area. that will start at 6:00 tonight. new this morning, an

investigation is now under way into the company making apple iphones. it comes after a report reveals a number of underage employees were found working in the factories. investigators for china's foxconn found interns as young as 14 working at its plant. china's legal minimum working age is 16. the company says it's now talking with schools to find out why the underage interns were sent to the plants in the first pla place. just a short time ago the government announcing social security checks will increase. >> not my much, 1.7%. the smallest cost of living increase we've seen in quite some time. the increase which takes effect in 2013 is designed to compensate social security recipients for inflation. so people might be disappointed this increase is small, but if the math is right, technically there's never a net increase.

the allowance should theoretically match inflation. amazon hiring for the holiday season 50,000 people. also you have the debate. pizza hut is cancelling its offer it had made earlier, talking -- trying to convince someone to ask sausage or pepperoni from the two presidential candidates. pizza hut realizing maybe that wasn't a good marketing idea after all. also new this morning the british government says it will not turn over a hacker to american authorities. the hacker was accused of the worst hack attack against the u.s. military in history. gary mckinnon has autism, says he was looking through pentagon computers, lking for evidence of ufos. he also deleted a great deal of american data. the british government says it made the decision based on humanitarian grounds. i was mentioning that amazon thing. 50,000 jobs. none of them will come to the bay area proper.

the closest amazon fulfillment center is out in patterson and it's not quite built yet. still, on a macro level, good news for jobs. >> good news. >> we'll take all we can get right now. 6:17. let's check back in with christina loren. i guess the weather is like when you go trick-or-treating, you never know what you're going to get. >> you never know what you're going to get. if you're looking for a winter job, they always have seasonal jobs at the ski resorts and you can actually make some good money. now, we don't have any snowfall in the forecast just yet but next week it looks like we'll get a really good-looking weather maker bringing snow levels down to 6500 feet. 6:17 now. starting with a live picture, you can actually see the midlevel clouds off in the distance here, you're not socked in with fog. so that's the good news. you still want to give yourself plenty of extra time. we do have patchy fog and drizzle out there this morning.

napa, 55 to start. cool conditions from san jose to gilroy. we're 58 in sunny veil. mike is tracking an issue there. high pressure has taken control of ou weather pattern. we've got an area of low pressure that will try to cross to our north today. the two are working against each other and that equates to windy conditions, especially at the coast. it's also going to clear that fog out very quickly and will bring about widespread afternoon sunshine. mid to upper 80s inland but we'll have to deal with these winds so let's take it right to your futurecast. we stop the clock for you at noon. you notice on the key where you start to get the yellows and oranges, 20 to 30 miles an hour sustained winds. the winds pick up more so between 12:00 and 4:00 p.m. if you have any loose objects in your backyard, you want to tie those town even through the higher elevations it is going to be gusty as we head throughout this afternoon. not quite as blustery tomorrow but keep that in mind today,

we're trading in the fog for the wind. 86 in livermore, 86 in concord and 76 in san jose. you might have to turn on your ac by tomorrow, the 90s return. the mid-90s by thursday. and then once we maintain all that warmth, we get up to 93 by thursday. temperatures just topple friday, saturday, sunday. we're back in the mid-70s, bringing in that system and talking about the potential for some showers up in the north bay and sierra snow sunday into monday of next week. 6:19. let's check on that problem now. i think you have another one now, mike, is that what you're saying? >> we have a few accidents in the south bay. we continue to follow the backup. christina is talking about this horrible backup northbound 101 from 880 all the way past great america parkway towards lawrence expressway. the one between great america and lawrence is still there blocking three, maybe four lanes. folks are getting by on the shoulder and kind of half a lane there. that's why it's very slow on the approach. the other accident in the backup is on the southbound side but

it's one of your fast lanes so more distraction as folks are coming off of that interchange with 87 up past the scene. that's why there's increased slowing here and building back. being a traffic tuesday, we're pretty lucky that the build isn't worse for 101 but encouraging folks to use 237 west or central expressway or el camino to get through the area. we're also looking at another accident now coming out of the area. some folks going north 87 getting on to 237 now slowed by appear accident over on the shoulder but that ripple effect so i try to let folks know what's going on. now, we'll get live looks outside. sunol also has report of a slow-moving truck heading up the grade. now we see flashing lights just before the peak. slow out of sunol and pleasanton. we'll end with another live look outside right here in palo alto where the peninsula looks much clearer than yesterday and very smooth. it's the biggest game of

them all coming to the bay area? >> that is the billion dollar question. today we should find out if the stadium being built in santa clara will hold a super bowl coming up. the list drawn up by an advisory committee yesterday will be put into the nfl team owners today. that will happen during their annual fall meeting in chicago. san francisco expected to be one of the potential hosts of the 2016 or 2017 super bowl. if the city does win, the super bowl, of koefrs, would be held at that luscious new stadium in santa clara but many of the super bowl events would actually take place in san francisco. 6:21. coming up, replacing ricky. the golden globes say hello to a new pair of hosts. >> have a little "saturday night live" flavor. plus spreading some holiday cheer. as scott mcgrew talked about, why the upcoming season could especially be merry for people looking for some work. and taking a live look outside this morning. things already getting under

way. a little bustle outside hp paville up. not the sharks playing, they're still in talks. [ taste buds ] donuts, donuts, donuts!

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which was perfect because i needed everything and i still needed to make rent. t.j.maxx is such a great place cause i know when i go in there i'm gonna score. they've got such great deals on all my favorite brands. fashion direct from designers. savings direct to you. this maxxinista can make it anywhere. t.j.maxx. let us make a maxxinista out of you. good tuesday morning, everyone, thanks for joining us. look at that, port of oakland all aglow this morning. a little deceptive, those lights are reflecting off the water. certainly bright, waiting for

the sun's arrival. six:24. this holiday season will be a very big holiday season. they plan to add 320,000 temporary workers. amazon.com is hiring 50,000 temporary workers in the coming months. the online retailer does expect thousands of those hires biwill stay on full time. many other companies are hiring this season as well. macy's and target are expecting hire between 80 and 90,000. walmart plans to hire 50,000 seasonal workers while toys r us plans to add 45,000 seasonal workers for the upcoming holiday season. >> so get the christmas lists ready. >> exactly. let's check the forecast right now. it still feels like summer in some parts of the bay area. >> yeah, you're going to get another hurrah to hit the beach. today about ten degrees cooler everywhere. it's not going to be quite that hot today.

85 in places like livermore. it will be warmer and noticeably warmer than yesterday as we are going to see a return of the marine layer, but only at the coastline. not dealing with even a third as much fog this morning and that's really good news when it comes to your morning drive. mike is tracking several issues. 86 inland, 79 bayside and at the coa coast, here's where it gets interesting. our temperatures aren't going to vary all that much when it gets to thursday. that means close to 90 in san francisco. we'll talk about that and when the rain arrives that will change everything dramatically. right now let's check your drive with mike. >> we do have a big problem for the south bay. here's northbound 101 coming forward me. that volume really building now. a little late for traffic tuesday but we'll look at the interchange on the maps and we see it's slow. north of 680 coming up into all of this jam up toward great america parkway, we still have two out of your four lanes blocked by that injury accident,

guys. back to you. >> thank you very much. the time is 6:26. if you like to laugh, i mean really like to laugh outloud deep and hard, we found a show for you. >> a dynamic duo has been tapped to host the golden globes. tina fey and amy poehler. fey is the star creator and executive producer of "30 rock." poehller the star and producer the "parks and recreation." they worked together on "saturday night live" and co-starred in "baby mama." it is january 13th right here on nbc. it is 6:27 right now. still ahead, wined and dined on the taxpayers' dime. why a port of oakland official wants you to pay the tab of an upscale strip club. have you heard of the new dialing procedure

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!

the lasting legacy of a life taken too soon. a bay area memorial for

ambassador chris stevens. >> and on this tuesday morning a live look at the stock exchange waiting for the bell to ring. you can hear it there in the background. where will the markets turn? we'll have a look on this tuesday, october 16th. this is "today in the bay." and that's what i was very much working on day and night, to try to make sure that we intervened with governments, we did everything we could to keep our people safe, which is my primary responsibility. >> accepting the blame. secretary of state clinton speaking out on security as the bay area pays tribute to a fallen ambassador. good morning, everybody. i'm jon kelley. >> and i'm laura garcia-cannon. today the bay area will honor one of its own who died on a diplomatic mission in libya. bob redell is live at san francisco city hall where today's memorial will be held,

but we begin with tracie potts live on capitol hill with a look at what secretary of state hillary clinton is saying about the deadly attack. good morning. >> reporter: laura, good morning. in interviews from lima, peru, secretary clinton says i'm responsible, i take responsibility for the security of our 60,000 plus state department workers overseas. that would include san francisco area born ambassador stevens and the three others who were killed in benghazi. this came up in the debate a week ago when vice president biden said the white house really doesn't know that they wanted more security in benghazi. secretary of state clinton said there should be no political gotcha here, it should not be a blame game and there's always some confusion in the fog of war but this should not be a political issue. >> i really believe that tragedies like what happened in benghazi should be viewed in a

non-political way. everybody should pull together as americans. >> reporter: now, republicans say the white house is avoiding responsibility here. while it's laudable for her to take responsibility and try to pull it off the table of politics, the bottom line, when it comes to the security of people overseas, the buck stops with the president. that is the criticism of her statement today. laura. >> no doubt to be brought up tonight in the presidential debate as well. tonight the bay area and the nation will come together to remember chris stevens. >> bob redell joins us live at san francisco city hall where a memorial service will be held for the bay area native. bob, good morning. >> reporter: good morning to you, jon and laura. a memorial service that the entire public is invited to attend. ambassador stevens' parents have invited the public to come honor their son at this service at 4:30 this afternoon in the rotunda of san francisco city hall. ambassador christopher stevens

was a native of the bay area. he graduated from cal and the uc hastings law school before entering the foreign service, eventually becoming the u.s. ambassador to libya. several hundred people are expected to attend this service. his brother and sister are supposed to speak. also in attendance, libya's ambassador to the united states, senator diane feinstein and thomas pickering, a friend of stevens and the person who has been charged with investigate the security surrounding stevens the day he died. that was september 11th of this past year. the ceremony again, the service is at 4:30. there will be a reception afterwards. both are free and open to the public. keep in mind there is security in city hall so you'll want to arrive early to avoid those lines. bob redell, "today in the bay." and we will have continuing coverage of the memorial service as well as a live stream on our website, nbcbayarea.com.

that service starts at 4:30 this afternoon. the port of oakland is launching an independent investigation into allegations its maritime director misspent thousands of dollars. the investigation centers around a $4800 expense from back in 2008. it shows maritime director james quan took a dozen or so shipping executives to an upscale strip club in houston. port commissioners held an emergency meeting last night to take action. >> authorizing the retention of outside counsel to conduct an independent, outside investigation of the alleged improper expenditures. >> the investigation comes at the same time the port is involved in a labor dispute with maintenance workers over new contract negotiations. councilmembers are meeting to discuss what's next after yesterday's sudden resignation of vice mayor joseph medrano.

this comes just days after a jury convicted him of embezzles money back in 2009. medrano denies the charges and says he's planning an appeal. there's something for everyone with the forecast, so let's check in with meteorologist christina loren. >> good morning to you. look at this gorgeous sunrise. it's almost like we timed it out perfectly for you. 6:35 now over the bay bridge, just spectacular. temperatures are going to be comfortable today. 64 in novato, stenson beach 62 degrees and 62 in san francisco. as we head throughout the day today, temperatures will be warm by noon inland and you might have to use your ac at some point this week. probably not today. 55 in gilroy, 61 in livermore. we're going to get fanned by pretty gusty winds later on this afternoon. between noon and four really starting to amplify those winds at the coast. a look to the key where you're getting 20 to 30-mile-per-hour

wind speeds. san francisco to half moon bay with the strongest winds expected in the coast of marin. we'll be 86 inland, 79 bayside and 70 at the coast. breezy throughout the day today. we warm you know up to the mid-90s and then bring in the showers. the seven-day forecast explains it all. right now let's get a look at your drive. >> i'd like to show the bay bridge at the end of the report but didn't have time to tell them because we're following this. 101 north and all the slowing. look at the maps first where we have all of this slowing now backed up to 680 where i just showed you the camera all the way past great america parkway where the injury accident still has two of your four lanes blocked. folks are starting to get by a little bit better but look at all the backup as the commute is really kicking in. i suggest you use west 237. you can jump on north of lawrence expressway and you should be okay. i see folks now thinking of 280

as appear alternate. that will force more towards the 880 interchange and might lead to early slowdown. 85 already showing you the slowdown, which is the new pattern now basically from saratoga all the way back to highway 87. we have that early build just before 6:45. now a look at the bay bridge toll plaza. we're looking at a big backup here after an earlier stall on the san francisco side as cleared. there's the early macup for those metering lights. the 880 overcrossing itself packed as well. just in, a major recall this morning. ford recalling more than 154,000 fiesta subcompacts to fix a problem with side air bag. it won't inflate to protect rear passengers in some crashes. it impacts the 2011 through 2013 model years built in mexico. 6:37 right now. still ahead, call this one a

masterpiece mystery. the investigation into a pricey art heist at a european museum. plus john doe no more. a suspected madam reveals her secret client list, shaking up a sleepy town. thirty-eight mean? funding. restores what we've lost... music and science labs. and your school. can get a world-class education. and sacramento can't touch it. me? the sky's my limit.

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i've never written a fan letter before, but you've done what i thought was impossible: you made good-for-you, gluten-free cereals in a whole bunch of yummy flavors. cinnamon chex and honey nut chex are two of our favorites. when my husband rob found the chocolate one, we were in cereal heaven. the only problem is, with so many great flavors you're making it very hard to choose. so thanks. from your fans, the mcgregor family. 'cause we love chex. [ male announcer ] love chex? connect with us on facebook. new this morgue, a manhunt is under way to find thieves from a pricey art heist. several paintings were stolen overnight in appear art exhibit.

seven pieces were taken. the museum has since closed down, pending the investigation. police say the stolen paintings are worth a considerable value. investigators are now reviewing videotape of the theft. police have yet to reveal how the heist took place. this one bripngs a new whol meaning to zumba. overnight investigators in a small town in maine releasing 21 names of these men are linked to an instructor accused of turning her dance studio into a brothel. police say more than 150 people are suspected of being clients. the fitness instructor and her business participate are both pleading not guilty. it's 6:41. coming up, pot activists trying to become trail blazers in the nation's capital. the landmark court case that could put marijuana on track to becoming legal. plus social security

recipients get a small raise this morning. we'll tell you how much in business news. and an all-out blitz. the governor's brand-new strategy to get you to raise some state taxes. they're getting ready at hofstra university for tonight's debate. you can catch it all right here on nbc bay area at 6:00. i moved to new york to work in fashion.

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right now a case is being heard in federal court that could have major implications for medical marijuana businesses right here in the bay area. supporters trying to get the government to change the way it classifies that drug. "today in the bay's" christie smith is live in oakland where a local group is taking the lead in this case. >> reporter: good morning to

you. right now representatives from harborside health center are in washington, d.c., at this hearing and they say the outcome could be huge. it could change the way medical marijuana is classified on a federal level. right now it's basically classified with much harsher things like heroin. harborside health center here in oakland billed itself as the world's largest medical marijuana dispensary and was featured on the hbo series "weed wars" by a time but it was targeted by a u.s. attorney who issued a suit to seize the properties where they operated in oakland and san jose. the city of oakland made a bold move of filing a suit in federal court to try to stop those attempts. a three-judge panel will take up the dispute over the classification of marijuana which could have a huge impact because it oversees many federal agency decisions. the group americans for safe access is actually the one

challenging the dea and the outcome could change the way federal law enforcement pursues these type of medical marijuana cases in the future. we're told a decision is probably not expected today but in the next couple of months. reporting live in oakland, christie smith, "today in the bay." 6:46. it appears the oakland police department may be struggling with reforms it's been ordered to put in place. the oakland tribune reports one of the court-appointed monitors keeping tabs on the department says it's struggling to implement changes. he says top police leaders have failed to provide oversight on misconduct claims and document use of force by officers. opd was ordered to implement reforms as part of a 2003 agreement over a police corruption case. a federal takeover of the department is a possibility if those changes are not in place. a south bay mom accused of using her child to help her shoplift is expected to enter a plea today.

last month marcy keelin used her 10-year-old to steal items at a grocery store in morgan hill. she then allegedly drove off leaving her daughter and a cart full of groceries behind. she was later arrested in reno. the 38-year-old's family says she is suffering from depression. we want to switch gears and check the forecast with christina loren. >> we've got a good-looking day an changes just around the corner. good morning to you. thanks for waking up with us each and every morning. i want to show you the sunrise over san jose to start, just a beautiful sunrise here. you can see high, wispy clouds. those are cirrus clouds. you can see just a beautiful sunrise and see the bay this morning. last on our tour, we'll do san francisco. wow, what a beautiful way to start the day here. you'll notice we've got the

immediate lev midlevel clouds and bowl of soup over daly city. 61 to start you out in livermore, 55 in san jose and 60 degrees in san mateo. high pressure is back and moving in quickly. we've got an area of low pressure to our north that's going to get nudged to the north along with the entire storm track. the coastal fog will clear very rapidly by about 10:00 and then we get widespread afternoon sunshine tomorrow, almost completely clear to start the day. and today's upper 80s will turn over to the 90s by tomorrow, mid-90s as we peak on thursday. so let's take it to your futurecast. as we head throughout 11:00 a.m., that's where it will start to get interesting. we'll see a little band of moisture come through the bay area and that's going to bring about some high and mid-level clouds. a mix of sun and clouds today and temperatures that are tantamount to what you normally see the end of august. 86 in livermore, 87 in gilroy

and mid-70s out in san francisco. things start to change as we head through thursday. we'll warm you up to the peak 93 degrees and then we tumble, friday, saturday, into the weekend adding more clouds, cooler air. the 70s and some showers sunday into monday. also talking about some sierra snowfall. as that system gets closer to us, we'll continue to track it for you. let's find out what mike is tracking. >> here is 101 nearly at a stabb standstill at the 680 interchange. actually from capital slow approaching the scene all the way up to this, the accident we continue to follow just shy of lawrence expressway. now, we have most of your lanes opening up in the next few but we still have a tow truck that has to clear another of the cars involved there and slowdown bleeding over towards 280 northbound. we talked about that ripple effect as folks try to avoid 101. 87 and 85 also very slow so your south bay traffic tuesday really kicking in. again, that showdown on 101

unexpected so if you can use central expressway over toward lawrence and then take lawrence north to 10 up with, that will get you around the backup. heading farther north through si kno sunol, there's a distraction. typical flow out of the tri-valley. castro valley slow off of redwood road all the way up north 238 and your southbound build as folks head down toward the bridges. san mateo bridge and dumbarton bridge. look at this volume showing down over pby the toll plaza but nothing big for the peninsula. here at the bay bridge toll plaza, we know the backup is here. a pretty typical pattern. in the north bay thing are moving a little slower in the south bay. now to decision 2012 and the race for the white house.

a live look at hofstra university in new york. the stage is set for the second presidential debate of the campaign. tonight's debate is a town hall format with questions coming from the audience. aides say you can actually expect more fireworks this time around. we understand the president will bring up romney's tax math appear his 47% comment. romney is expected to address the deadly attack on the u.s. consulate in libya. >> and the debate coming on the very same day as the bay area pays special tribute to one of the americans who died in that attack. bob redell is live in san francisco at city hall where a memorial service for ambassador chris stevens will be held later on today. bob, good morning. >> reporter: good morning to you, john. the family of ambassador christopher stevens has invited the public to attend his memorial service at 4:30 here at the rotunda at san francisco city hall. as you may be well aware, he was a native of the bay area. he lived in piedmont, he went to

school at cal and uc hastings law school before entering the foreign service and eventually becoming the u.s. ambassador to libya. several hundred people are expected at today's service. his brother and sister are expected to speak. also in attendance, lkzibya's ambassador to the united states, senator dianne feinstein and thomas pickering. ambassador stevens and three other americans were killed during a september 11th attack on the u.s. consulate in benghazi, libya. yesterday his former boss, secretary of state hillary clinton, took responsibility for the security lapse, possibly in an attempt to shield her boss, the president, from further criticism, especially since he has a second debate tonight with governor mitt romney. secretary clinton points out security is a state department responsibility, not an issue that falls directly under the purview of the white house. >> i don't think we want to get into any blame game.

i think what we want to do is get to the bottom of what happened, figure out what we're going to do to protect people and prevent it from happening again and track down whoever did it and bring them to justice. >> reporter: the memorial service for ambassador stevens again at 4:30 today at the san francisco city hall rotunda. reception follows after. both events are free and open to the public. again, an invite from his family. keep in mind there is security here at city hall. you will want to arrive early. reporting live at san francisco city hall, bob redell, "today in the bay." >> if you would like to at least see this, we will have continuing coverage of the memorial service as well as a live stream on our website. this is nbcbayarea.com. that service will start at 4:30 this afternoon. california governor jerry brown begins a big push for his tax initiative today. governor brown will be talking at ucla about the effect of proposition 30 on students. the measure would raise the sales tax and income taxes on

california's highest earners. brown says the tax increases are necessary to fund public schools and higher education. nbc bay area political analyst larry gerston says college students are the natural targets for the governor's message. >> these people will suffer directly, as will k through 12 students, if in fact prop 30 fails. if it wins, not only will the bleeding be slowed, but in fact they may even get a tuition rebate for all the increases that they have paid the last couple of years. >> proposition 30 is facing direct competition from prop 38, which would raise income taxes on all but california's lowest income erpers. as the governor ramps up his campaign for higher taxes, a rival campaign is pulling its attack ads. a civil rights attorney is backing prop 38, which would raise income taxes on everybody besides the poor. now, prop 38 is pulling the ad after public outcry.

the ad shows money flowing from a school bus into political hands. a raise this morning for social security recipients. >> that is right. the u.s. government says it would add 1.7% as a cost of living allowance. scott mcgrew, that's a very small increase. >> it is. good morning to you, jon. in theory it really shouldn't matter if the government got it right, the increase which will be effective as of 2013, should match the overall inflation and thus be a wash for anyone receiving social security. of course it usual legal feels as if prices are increasing faster than income, but again 1.7%. a bit of an amusing gotcha making its way around the internet over news coverage of felix boaumgardner's historic jump. as they go to the jump there, there goes felix traveling faster than the speed of light.

this happens quite a bit with the speed of sound, which is what he broke. other common mistakes as you know, alan shepard often gets credit for being the first man in space. flags at half mast instead of half staff. as you rush through the industry, every once in a while you blow it. >> we're human. thanksscott. 6:56. chick-fil-a is meeting fierce opposition over its plans to open a new restaurant in mountain view. some people living near the proposed site say opening the restaurant there could be dangerous. ta "today in the bay's" marla tellez is live with more details. >> reporter: good morning. opponents are more concerned with environmental and sustainability issues. first of all, they have a problem with the location. the fact that this chick-fil-a would be built right here on el camino in mountain view. of course as we all know a very busy road. the restaurant chain wants to

turn this sizzler into a drive-through chick-fil-a. according to the "mercury news" opponents have filed an appeal that cites noise and air pollution as potential hazards. also a dangerous intersection. however, the zoning administrator who approved the plan says a traffic signal controlled driveway would be built right here and customers in fact would share that with the business next door. he says this would make the intersection safer for everyone, including pedestrians and bicyclists. now, if you'd like to weigh in on this, it is open to public comment. you can do so at tonight's mountain city council meeting at city hall. the council will consider the appeal at 6:30 tonight. it was just in august you may recall when chick-fil-a opened a location in san jose with a little bit of controversy. the owner coming under fire as comments he made over gay marriage, saying he only supports traditional marriage. he ended up retracting those comments. still, that san jose location attracted quite a few protesters and now this mountain view

location has its own set of protesters. live in mountain view, marla tellez, "today in the bay." time for one final check. we take it over to christina loren. what is happening for this tuesday? >> we've got a good-looking day shaping up. we'll be sizzling by tomorrow with temperatures in the 90s so enjoy the mid-80s inland. 79 bayside. at the coast 70 degrees. if you missed your seven-day forecast, do not fret. we'll have it for you every 15 minutes throughout the "today" show. let's get one more check on your traffic tuesday drive. >> highway 101 horrible, folks, coming out of san jose from capital up to 680 and jammed to the accident. still clearing just past great america parkway. 280 bleeding over with some of that resyd y'all and the ripple effect on the rest of the south bay. horrible drive. then getting down here through sunol a slow drive as well. slow all the way around the golf course heading up the hill and before you get to fremont, that's where the truck is on the side of the road and why we have a slow drive out of pleasanton.

here's a look at today's top stories. a federal appeals court will hear arguments today on whether the government should change the drug classification of marijuana. an oakland group that supports medical marijuana wants the governments to change how the drug is classified so it can be legally used for medicinal purposes. and fire tears through a restaurant supply store on the peninsula. this happened overnight. the county restaurant supply store catching fire just after 12:30 this morning. this one took crews about two hours to finally get the flames under control. good news, no injuries. ford is recalling more than 154,000 fiesta subcompacts to fix a problem with side air bags. ford says if the front passenger seat is empty, the side air bag won't inflate to protect rear eat passengers in crashes. the recall affects fiestas from 2011 through 2013 model years built in mexico. >> all right, very didn't. that