we have a great looking day shaping up for the first few hours. rain on the way. this is a welcome start. temperatures finally at least ten degrees away from freezing across the bay area. it's nice and mild out there. you don't have to run to your car. we have showers on the way. grab the umbrella. 4:31. problems on a wednesday? >> there is one crash we are tracking. this is the bay bridge toll plaza. two chp officers hanging out there. always vigilant on the roadways. on the maps there is slowing which is typical. we have a few cars making the average come down a little bit. looking at the city side of the bay bridge at west 80 and 5th stet. a crash, single car involved. it's taking a while to clear. we'll track that. back to you. >> 4:32. new this morning oakland's

police department getting outside help, but not without a lot of controversy. after more than nine hours of heated debate the city council voted to approve a plan to hire former new york and los angeles's bill bratton as a consultant. kristy, this meeting wrapped up less than a couple of hours ago. >> reporter: yeah, that's right. i have to tell you. from almost the minute his name was put out there people in oakland were divided about bill bratton. people thought bringing him on would lead to racial profiling. you had another group who said, hey, crime is so bad people are afraid to come out even in the daylight. in the end after much debate that went on for hours the city council decided to bring him on. >> seven ayes, one no. >> thank you. [ applause ] [ shouting ]

>> reporter: the protester shouted "shame on you" as the city council finished voting. another shouted, "let the war begin" after the line of speakers went out the door. this went on for hours. the vote coming after 2:00 this morning. the council approved a contract including hiring bill bratton. one council member had firm instructions for oakland's police chief, howard jordan. >> you say this is the team you need. these are the people you're trusting to give you guidance to get our department in order then i'm ready to vote on that. what i'm expecting of you is to deliver. >> reporter: many people in the overflow crowd told the council they're worried bratton's support of a stop and frisk policy, they fear it will lead to racial profiling. but oakland needs help.

violent crime, homicides are on the rise. jordan said he won't support policies that violate people's rights. he and the mayor are saying, look, this has to be done. ultimately they need to bring crime down in oakland. they think this is the way. ultimately he's going to just advise the police chief in oakland. it's up to howard jordan to decide how it's implemented. reporting live in oakland, "today in the bay." >> city leaders taking up an unusual gun control measure. the rules and open government committee will discuss a proposal involving the storage of assault weapons. this was written by a city resident. if approved any city resident who owns an assault weapon would be required to store it at the police department. mayor chuck reid has previously said he believes gun control laws should be handled at the state and federal level. >> 4:35. san jose police are trying to

figure out if a car jacking is linked to monday's home invasion at an up scale neighborhood. we were the first to bring you the details on the robbery. four hours before the robbery monday night an elderly man was carjacked in front of his home. that happened near the intersection of redman avenue andle wallace drive. police say two men attacked the victim and took his car. that carjacking happened two and a half miles away from the home invasion robbery. in that attack, two to three men forced their way into a home on brett hart drive, tied up the elderly couple that lived there and ransacked the home before leaving in the victims' cars. >> the lafayette school district making a safety change in the wake of last month's sandy hook school shooting. the district planning to replace classroom door locks with some that can be locked from the inside. the current doors can be locked only from the outside using a key. it will cost less than $60,000 to replace the locks at five

different schools. scotts valley schools will make a similar change. >> searching for a burglary suspect in the south bay with a taste for fine wine. someone broke into a restaurant on big basin bay in saratoga monday morning. the thieves stole several bottles of wine. these are pictures of the wine collection. it's extensive. no word on what kind of wine was stolen. we know the restaurant's collection includes wine worth as much as $42,000 a bottle. the restaurant has not commented on the break-in. >> i want to give you a heads-up. now a company recalling frozen food. annie's is recalling boxes of home grown frozen pizza. the company said the pizza may contain fragments of metal caused by a faulty screen at a third party flour mill. affected pizzas have a best uh

by date of january 9. it is precaution their. no metal has been found so far. no injuries have been reported. the company says they are now switching suppliers. annie's made a stock debut and saw huge success. shares have plunged 12%. >> a pair of cities saying no to medical marijuana. they have banned meddle call marijuana clubs from operating within city limits. the ban goes into effect 30 days later. antioch's ban stops mobile delivery service and cultivation but allows patients to get marijuana if they are in hospice care or a nursing home. >> tonight's east bay fire officials once again holding a public meeting to explain plans

to shut down east bay fire stations. members of the fire district will be in clayton tonight talking about the reduction of staff levels only fire station. and how services will be affected. four stations in clayton and lafayette will be shut down as part of a county wide plan to trim $17 million from the budget. tonight's meeting starts at 7:00 p.m. at the clayton county library. >> there is a new argument in the plan to split up the 415 area code. the commission says giving some businesses a 628 area code would make them seem less important than those in 415. the commission says only marin county should get the 628 area code. parts of the northern peninsula get a 650 area code. california public utilities commission is expected to run out of 415 numbers by october of

2015. >> 4:39. we have been enjoying a nice run of warm weather. christina loren is here to tell us it's about to change. >> it is. we have cold wet weather around the corner. good morning. thanks for waking up with us. want to help you get over the hump. grab your umbrella before you head out this morning. you will likely need it later today, but not until after 11:00 a.m. temperatures nice and mild. it's comfortable out there. downright comfortable in wine country where it's been frigid for the past 12 mornings. 48 degrees in petaluma, 50 in san francisco. we have a great-looking day shaping up. climbing from the low 40s and 50s into the 60s in some cities. we have to get through showers. it's a spare the air day, but the air quality will be improving as we head through the overnight hours. showers on the way really help out that situation. we're starting to get first showers at 11:00 a.m.

we'll see the bulk of the moisture come through. wine country will see most of it as per usual. spotty off and on activity likely throughout the day. temperatures will drop off by 10 degrees. in places like gilroy, 59 degrees. that goes for san jose as well. 60 degrees in santa cruz. a few more storm systems to get through. 7-day outlook ready to go. maybe you're ready for work. let's check the drive. >> are we ever red zmi we're happy to be here. we are looking at 880 with the southbound lanes and headlights past tesla and past mission. smooth drive for 680 and 880 toward the fremont funnel. mission cutses between the two. we are looking at west 580 which is smooth to the dublin interchange. past there at the san ramon road off ramp there is a crash

reported. sounds like the off ramp is open. there might be one lane affected as crews arrive on scene. getting into the city affected as crews are there at the fifth street off ramp getting off at the bay bridge. activity continues. sounds like the off ramp is open there. might be the same situation. one lane blocked. fine for early morning risers. this morning things are looking good. you have another note about barton. >> a heads up here. you may be in for delays on b.a.r.t. they will work to improve the earthquake safety. during this work only a single track will be open. trains will have to run at slower speeds. this project will include a late night closures off and on through february 5. >> the upcoming america's cup race getting a musical addition. sting will be among those who plan to perform as part of the summer concert series. the concert was announced this

week as race organizers unveiled plans for the temporary 9,000 seat theater at the america's cup park. this picture gives you an idea what it will look like. the venn you will host concerts, shows and race activities and viewing sessions. sting will play on june 2. the concert runs through october. >> 4:42 now. it's back to the drawing board. the late night decision delaying affordable housing in one of the bay area's priciest neighborhoods. >> preparing to be grilled. less than two hours from now, the secretary of state will testify before congress. the topic that many say could lead to congressional fireworks.

>> announcer: you're watching "today in the bay." welcome back. 4:45. the town council returning to square one after public outcry over a plan to build affordable housing units in northern loscatos. last night the council decided to send the plan back to committee for review. residents complained the plan to build the complex would make an already congested area worse. they are also concerned the affordable housing would

decrease property values and hurt the quality of education. >> this has to be spread so they can have access to shops and downtown and to different kinds of schools. oh, these people. >> it's one of those we must use because there is space there. i hope you will consider. i don't want the town to lose financial support from the state which it will if it doesn't approve this. >> the town council may revisit some of the 36 other sites previously looked at for the project. >> some good earnings reports in the bay area for both google and ibm pushing markets higher overnight. for a look at how futures are trading we turn to kayla at cnbc world headquarters. good morning. >> good morning, john. we have features that are higher this morning likely due to good earnings reports from google and

ibm. the dow, nasdaq and s&p 500 all closed at new five-year highs. seems to be a daily occurrence. the kou has been up eight of the past nine sessions. we get data on home prices and big earnings from mcdonald's and united technologies. this afternoon we hear from apple. the dow rising 62 points to 13,712. the nasdaq up eight to 3143. the senate commerce committee is expected to hold a hearing and to u.s. aviation safety in the wake of incidents involving boeing 787 dreamryaner jets. lawmakers want to examine why the f.a.a. allowed boeing to install highly flammable lithium batteries on the 787. u.s. french and japanese authorities are investigating why the batteries failed on recent flights. one forced an emergency landing in japan. that led to a worldwide grounding of the dreamliner. back to you. >> thank you very much. we'll check in later on. >> let's check in on the

forecast. christina loren, what are we facing today? >> a little bit of rain. we had a break. no one will complain too much, i hope. well, someone will. that's always the case, but not bad when you consider we have had 20 consecutive days without significant rainfall in the bay area. so that changes today. temperatures this morning are mild. we have a full deck of clouds overhead. once the sun makes an appearance around 7:20, overcast conditions. a gray day. but look at where the temperatures are to start. you're in the mid to upper 40s in some places. in the north bay it's a welcome change to the frigid start we have had for two weeks. 48 here in san jose. you probably have to pull out the umbrella between 10 and 11. not expecting anything heavy. a few showers in the morning.

the jet stream dipped to the south. talking about a wet active pattern through the upcoming weekend. your 7-day outlook tells the stories. get ready for highs cooler than yesterday. especially what we enjoyed over the weekend -- 70s. low 60s. into thursday and friday we have a slight chance for showers each day. friday, saturday, sunday. monday, sunshine a little bit. just depends on where the jet stream ends up, how much cloud cover we'll get. showers in the forecast for the start of next week. back to you. >> thank you so much. the woman who became known as the face of the girlfriend in the manti te'o hoax is speaking out for the first time. >> my name is diane. it's a twisted and confusing scenario.

he's confessed and apologized. i don't with think it's anything that would fix this. >> diane will speak live on the "today" show this morning after our newscast, starting at 7:00. >> secretary of state hillary clinton meeting face to face with congress today answering what could be very tough questions about last september's deadly attack on the u.s. consulate in benghazi. only about an hour from now she'll speak in front of the house and senate foreign affairs committee. lawmakers will ask about last year's september 11 attack. ended up being hospitalized with health problems including a blood clot near the brain. clinton and other officials have been criticized for their response to the attacks. bay area native and uc berkeley grad ambassador chris stevens was one of four americans killed during the attack. >> on the main floor of the

house congress set e to tackle the issue of government spending. a vote is scheduled for this morning on a measure to suspend the debt ceiling through may. this is different from bills which raised the amount the government could borrow. republicans and the obama administration support the plan because there is no dollar figure attached. critics know the plan amounts to a band aid and doesn't address the larger spending issues. >> 4:51 now. coming up, we're going to break. the new thing to do if you are a niners fan. >> and the super bowl staple that could have you digging deeper into your wall wallet. >> bummer. looking at the east shore freeway. nice spacing. i'll give you an update on the 580 crash coming up.

welcome back. how about a cold reality check from chicago? temperatures around zero. firefighters fought a five alarm fire. that's frost. looks like snow on the building. that's the water that's frozen instantly when the firefighters were fighting the fire. obviously the fire is out. that's extreme temperatures about 10 firefighters out there spraying water on it. looks like a winter wonderland. that's crazy. temperatures here, not bad. if you plan to have a super bowl

party and think about eating chicken wings get ready to fork over more cash. there are fewer wings available. the price is going up due to the rising cost of corn. wings expected to cost $2.11 a pound. for the record that's a 12% increase over last year. >> according to the chicken council. in preparation for the super bowl parties, niners fans are getting aged up. >> i have been a fan since 85. [ chanting ] >> all right, do the thing. vintage park tattoo in san jose had a steady stream. the tattoo parlor. now how about this? offering half off on niners tattoos.

show the love. they have served a niners. >> if you have inc. we want to see it. stay with us for continuing coverage of the 49ers quest for the super bowl trophy. we'll have more journalists on the ground in new orleans than any other local station. catch it on nbcbayarea.com. it's updated around the clock. we have a special page dedicated to the 49ers. you will find analysis, inc. and interviews. >> tattoos and rock music. 4:56. perfect. what's up, mike? >> just need one more thing for the lombardi trophy here.

north 880 with tail lights up. construction not a major concern. map shows you things are better past the dublin interchange. the crash has cleared without slowing. south bay, typical. 101 at capitol. watch for the posted detours for the week. back to you. >> thank you very much. >> 4:57. thousands of new jobs coming to the east bay in the near future. the major dot com that will be hiring. >> plus big name support for the former raider who says the coach played to lose super bowl 37.

after hours of debate oakland city council deciding whether to hire bill bratton. we are live with the decision. >> and an end oh the mild stretch of fair weather. i will time the system out to your doorstep.

>> looks like a slow down. we'll bring you more coming up. >> there is new support for david akers this morning. >> we have a live look outside oh. that's the port of oakland to start on this wednesday, january 23. this is "today in the bay." >> announcer: from nbc bay area this is "today in the bay." >> good morning. thanks for joining us. it's 5:00. i'm laura garcia-cannon. >> i'm john kelly. good morning. while you were sleeping oakland city council making a decision on a controversial proposal to hire police consultant bill bratton. the meeting that led to the vote lasting more than nine hours featuring more than 100 different speakers including some who had to be escorted away from the