suspect in custody. reporting live in antioch, christie smith, "today in the bay." >> also new this morning, an overnight shooting left one man dead and four others hurt in vallejo. that shooting happening late last night near eastwood next to i-80. police say they found two men shot inside of a garage. they were rushed to the hospital. one man did die later. three other people there showed up at that hospital with gunshot wounds related to that same shooting. police at this hour have not identified any suspects. 5:02. after five weeks of searching a well in linden investigators say they have not found any new victims of the so-called speed freak killers. the fbi says crews have gone four stories down into the well but they have found no human remains. they are now looking through a pile of debris inside the well. more than a year ago officials found remains inside a well not

far from the current site. authorities think the bodies were victims of wesley shermantine and lawrence herzog. eric phillips was hanging out in a dorm when he suddenly collapsed early sunday morning. emergency responders were unable to revive him and sadly he died later at the hospital. phillips was attending a small liberal arts college in lancaster. the coroner says more tests are needed at this point to determine exactly why phillips died. investigators are trying to figure out what killed 20-year-old brandon wang. he was found outside of his dorm saturday night. his friends telling a local paper that he attended a large house party earlier that night but police at this point do not suspect any foul play.

he was studying biology. experts say president obama is likely to lay out proposals to create more jobs during the state of the union tonight. he's expected to touch on gun control. a survivor from the sandy hook shootings will be in the gallery along with gun rights activists. we'll take you live to washington later for more details on the president's speech. farmers insurance is popular with thousands of homeowners in the bay area but some this morning wondering if a recent policy change discriminates against homeowners with dogs. a recent change in the policy says if you own one of three different breeds, you're no longer covered. "today in the bay's" bob redell is live in san francisco right now with more on this story. bob, good morning. >> reporter: good morning to you, jon. it may have dog owners think twice about bringing pets to parks here in san francisco for

fear that if their dog were to get involved in a dogfight or bite someone, they wouldn't be covered by their insurance company or specifically speaking about farmers insurance company which in recent weeks announced it will no longer provide liability dog bite coverage if you have one of three breeds. pit bulls, rottweilers or or wolf hybrids. 25% of all dog bite claims are associated with those three breeds. that's why they are singling those breeds out. the insurance information institute says that in 2011, overall dog bite claims cost insurance companies almost $93 million in california alone as you can see financial why farmers insurance is doing this. over the past few weeks, the company has been requiring policy holders to sign waivers saying that i know i'm not going to have dog bite liability for

one of those three breeds and if they don't sign it, the policy will not be renewed. some customers told our sister station in sacramento that farmers shouldn't be making a blanket decision to exclude those breeds. instead this should be done on a case by case basis and include factors such as whether or not that dog has attended obedience training. farmers is not the first company to do this. as a matter of fact, the insurance giant is playing catchup to most competitors who have already excluded those breeds from dog bite coverage. reporting live here in san francisco, bob redell, "today in the bay." >> all right. thank you very much. a cool start to the morning but what a glorious afternoon we had yesterday. will we see more of that? >> repeat performance, jon and laura. good morning to you. and then we're actually going to climb in temperature as we continue throughout the remainder of the workweek. it's cold out there this morning. we are right around freezing in santa rosa, petaluma and novato. you're at 42 degrees in san francisco to start the day and 40 right here in san jose. so it's cold out there.

you'll need to give yourself plenty of time to warm up your vehicle and keep in mind it's traffic tuesday. we'll check on that with mike in just a moment. you can see right now we're dealing with moderate air quality. yesterday we had good air quality across the bay area and this will continue to suffer without any significant rainfall in the near future. offshore flow really kicks into high gear as we head toward the end of the week. that means warmer temperatures but poor air quality. 62 inland today. bayside, 61 degrees. at the coast, 60 degrees for you. 70s on the way. we'll tell you when that's slated to hit the bay area and how long those warm conditions will last. first, let's check your drive as promised. here's mike inouye. >> here's the golden gate bridge. as you expect at 5:07, light flow of traffic out of the north bay into the city. the cones have been moved to the northbound direction. you're ready for the morning commute but they're just waiting for it. slowing on the maps southbound 280 around the bend where the arrow is crossing over 101. we do see unusually slow traffic flow. no incidents reported for chp

but i'll track that. it should clear up over the next few. slower moving vehicles. here northbound 280 the crash there has been removed from lanes. better news that's why you have the thumbs up. there's slowing through the area which had a flashing lights and we'll track that. so far no problems through the peninsula. we'll give you a live look outside to see how the traffic flow goes across the bay. there it is westbound taillights. no problems for either direction of the san mateo bridge. oakland moves slowly for the nimitz. back to you. >> all right. thanks so much. spring training finally here. the giants pitchers and catchers expected to report today. we'll take you live to arizona for a preview next. a crackling electric argument over tesla brewing this morning. we'll take a look in business news.

welcome back, everyone. right now you're watching live over san francisco. low hanging clouds out there hanging quite the illumination all over the city. a very cool look out there. christina loren says expect another beautiful day ahead. 5:10 right now. a huge fight brewing before one of america's foremost inventors and one of the most important newspapers. scott mcgrew, "the new york times" accused of lying. >> extremely serious charge. the story stems from a story that ran in the "times" yesterday. we talked about this on monday in which a "the new york times" reporter drove a tesla model s sedan up and down the east coast and found that in the cold the electric car had nowhere near the range advertised. that it basically didn't work and had to be towed away. musk was furious. >> they have huge distribution and comes with a great deal of authority and i think for the most part that is warranted but

there are times when it is not. there are times when "the new york times" has published articles that are less than accurate. it's a well known situation like that. and i think unfortunately this is one of those cases. >> hinting at past errors like weapons of mass destruction. musk says they will pull electronic records from the car and prove the "times" is in his words faking the story. this is not the first time tesla has complained after a reviewer said its cars came up short. tesla sued the british car program top gear after its hosts were videoed pushing a tesla back into the car claiming it was out of electricity when in fact the computer showed later it still had half its charmige. let's go to jackie deangelis at cnbc world headquarters. good morning.

>> good morning, scott. futures a touch lower this morning after stocks started the week on a down note. s&p 500 seeming to be suffering from a case of the mondays. the benchmark index has closed lower every monday this year but still managing to finish out each week in positive territory. no major economic news today. coca-cola reporting earnings before opening bell. dow falling 21 points yesterday to 13,971. nasdaq down two points to 3192. back over to you guys. >> all right. thank you much. as you know, you have been reporting state of the union is later this afternoon. we'll talk about some of the immigration issues that may come up and how they affect silicon valley in just a bit. >> look forward to it. thank you very much. 5:13 right now. christina loren back in the mix to share more good news about that tuesday forecast. >> that's right. let the good times roll and let's keep them coming this morning. 5:13. good morning to you. we've got a good looking day shaping up for your outdoor activities. leave the umbrella at home.

grab those shades instead. 42 degrees in san francisco. 36 in napa. cold out there to start. sunshine off the bat. clear conditions lead to cold mornings and that's the case. we do have coastal fog developing. keep that in mind especially if you are heading along the peninsula this morning. 40 degrees no san jose. 34 degrees in livermore. highs today are going to be comfortable. we'll lose that cloud cover by 10:00 a.m. lots of sunshine today. high pressure builds in and starts to put those winds right offshore. for us that's our warming agent. those winds pump from land to sea and warm along the way and that means for us temperatures will be as warm if not warmer in places like livermore. 65 degrees there. 65 in fairfield. getting into the upcoming week, 67 degrees perfection on valentine's day. and we'll hit 70 degrees on friday. let's take a look at your drive. good morning, mike. >> good morning. folks, i'm going to take you to the santa cruz mountains right now. christina talking about beautiful weather. i have to talk about orange and

yellow which means slowing northbound out of santa cruz side. reports of a crash, single car involved. no injuries. a lot of people walking around and actually some arrests may possibly be made. it sounds like police activity there. and so there's a distraction both directions passing through that area over on our side of the summit. there's slowing there. it looks more dramatic. it's a lighter flow of traffic. a few slower cars will skew that data. rest of the south bay moves very smoothly through the area. right here we have 280/85 construction crews clearing in the next ten minutes and shouldn't be a problem if you're at home right now. finish up that coffee and get on the roadway. should be clear by then. we're looking at this change for the south bay. north 280 and south 680 from jackson and king street continuing past the interchange. metering lights turned on this morning. a baker's dozen changing the flow of traffic. that's intent for 280 but also

on surface streets and that includes onramp from north 87 to north 280. that may be a problem for downtown. we'll track that. a lot of schools also on vacation this week or next week alternating for winter breaks. we'll track and see how traffic adjusts over the next two weeks. meanwhile, over through the tri-valley, smooth flow of traffic. slowing out of altamont pass coming into livermore. no problem here through the dublin interchange south through pleasanton for 680 into sunol. live look outside shows you emeryville area. the maze a smooth drive toward the bay bridge toll plaza and of course the north bay very easy drive as well. back to you. 5:16. tight budgets reignited a debate on the campus of california's flagship university. some at uc berkeley are crying foul saying as academics pays, the athletic program has little

accountability. the investigative unit teamed up with investigative reporting at uc berkeley to find out the price of the competition at cal. no one disputes state funding for the berkeley campus dropped dramatically. the budget for the athletics program nearly doubled. that has some on academic side worried about priorities at one of the top public research universities but cal's at lhlet director says they have felt the effects of tight economic times and she's doing everything she can to reduce the amount of financial support her department receives from the rest of the campus. >> you look at it from perspective of what does any particular endeavor bring to the campus? how does it contribute to our reputation? and i certainly believe that intercollegiate athletics certainly contributes richly every day to who we are and how we feel about ourselves as a

community. >> what about the pressure to compete among other big-time college athletics? coming up tonight, investigative reporter steven stock breaks down the score on how that pressure drives athletics at cal. that's tonight on nbc bay area news at 11:00. it's 5:17 right now. according to the calendar, the official first day of spring is still a long time away. >> that's right. not for our giants fans and players. spring fever has already arrived. today is the official report date for pitchers and catchers at spring training in scottsdale. >> with that in mind, "today in the bay's" laurence scott is our man on the scene with a look at early arrivals down there gearing up for that cactus league action. good morning, laurence. >> reporter: a beautiful morning at scottsdale stadium. spring training home of the world chaseries champions giant. today may be the official report

day but many already here. we saw pablo sandoval and hunter pence and many others. the guys coming together and it's a good scene. check it out. before the official report date for pitchers and catchers, several giants have already made the scene including some position players like short stop brandon crawford. >> pitchers and catchers report but there are position players here for you. why is it so important to be here early? >> just to kind of get back into the flow of things and just come and hang out with some of these guys and just kind of prepare for spring training. we have a lot of the same guys back from last year. so it's kind of like a little reunion coming back and everyone getting together and we're excited because we have pretty much the same guys coming back. we hope to do the same thing. >> reporter: while equipment manager mike murphy and his staff were unpacking the team's gear, the giants store was doing the same in preparation for crowds to arrive during cactus league play and work is just starting as a new season is

finally upon us. >> what we did last year was great and awesome but we want to come into this year and try to do the exact same thing and what we did last year is over with. we got to come out here and perform well and not just sit there and think that teams are going to see we won last year and just let us win. >> reporter: all right. matt kaine has a good plan there. giants will face tough competition in the national league west. that store we were talking about is just behind me and they have specialty gear for 2013 spring training. when we come back later in the show, we want to introduce you to new friends, a special new friend for matt kaine and old faces that were longtime friends of the giants that are back for a bunch more this coming campaign. we're just getting started. back to you in the studio. >> i'm an extra small if you want to go over to that store, my friend. thank you. >> beautiful. good news he's there early.

he can get in line. he'll probably hook you up. >> he'll probably be first. 5:20 right now. coming up, a brand new option when it comes to the morning cup of joe. >> let's take a live look outside. embarcadero beautiful out there all little up. beautiful day on tap. wait until you see the temperatures christina has for us. 5:20. a lot more ahead. stick around.

welcome back, everyone. a live look outside at sfo. new this morning, virgin america announcing it is actually expanding out of san francisco. the airline says it will soon start flying nonstop to austin, texas, and anchorage, alaska. the austin flight will start on may 21st. flights to anchorage start on june 6th. 49ers hall of fame

quarterback joe montana will throw passes once again. not on the playing field but instead celebrating one of san francisco's newest clothing stores at 4:00 to throw passes to fans and sign autographs. the store opened back in october. it specializes in low-cost japanese fashion with a techie twist. jeremy lin back in the neighborhood tonight as the houston rockets invade the warriors house. this one is also asian heritage night at the ball game. the rockets guard agreed to take part of in q and a session. lin is a palo alto high graduate and a former warrior and one of the very few asian americans to ever play in the nba. the warriors and rockets tip-off tonight at they'll start at 7:30 at oracle arena. >> hope you get a chance to get outside today. another nice one. >> jeremy lin will hate getting on that plane and leaving his

home area. temperatures will be comfortable. chilly out there right now. grab your coat. something you can peel off by lunchtime as temperatures approach the upper 50s as you break for lunch today. 62 inland. bayside, 61. at the coast today, right around 60 degrees. our temperatures keep on climbing. i'll let you know when to expect peak warmth and what's to come for the weekend. too early to start thinking about the weekend. >> never too early longingly but still thinking about. look at west 80. all of those headlights coming in the commute direction. traffic tuesday. heavier volume. however, might be different for the next couple weeks as some schools around the bay area have this week or next week off. we'll look at the maps. smooth flow down toward the bay bridge and toll plaza. maze is not an issue. no metering lights. slowing up the incline as is typical. slow toward the s-curve. we do see slowing now southbound

on 238 without incidents. we'll track that. more folks hitting the road changing averages. we'll look at fremont through that area. smooth, easy drive. no problems here into the south bay for 880 or 237 off there in milpitas. back to you. >> we like our coffee in the morning and now the home of the whopper is about to become the home of the latte. and nine other fancy coffee drinks. today burger king will announce plans for massive upgrade of its coffee menu. beginning this week it will replace its current brewed coffee with seattle's best blend. the fast food chain is rolling out four types of iced coffees and four types of lattes. the company says it will add cappuccinos to the menu but that change will take place later down the road. >> as long as they don't have the guy with the huge king head and scary smile serving. that dude freaks me out. >> a little scary there. >> 5:26. still to come on "today in the bay," we'll go back to scottsdale for details on the start of spring training.

plus a bay area casino denied high stakes gaming. how they are now swinging back at san jose. right now we swing you out to the city by the bay and a look at the bay bridge. you can see some of that haze there in the sky making it tough to see. good news is it will be a beautiful day. christina loren will be along to tell us

developing news out of antioch this morning where a stray bullet pierced the window of a home where a woman was standing inside. she was hit and she was standing near a child. i'm christie smith. i'll have that story coming up. plus, the president getting ready to give the first state of the union address for this new term. see what he says and why it will have a big impact here in the bay area. we're going to stay mild for today but we'll turn on the heat just in time for valentine's day. your bay area forecast in just moments. as we turn up volume on your

commute, we're also watching that crash in the south bay. i'll show you which highway had slowing and we'll give you the latest on that update. >> let's take a live look outside this morning. looking forward to that great day christina is talking about on this tuesday, february 12th. this is "today in the bay." good morning. thanks for joining us. 5:29. i'm laura garcia-cannon. >> i'm jon kelley. good morning. in just a few hours from right now, president obama set to give his state of the union address. "today in the bay's" tracie potts is live on capitol hill with some of the issues that will take center stage and be in that spotlight. tracie, good morning. >> jon, good morning. the white house says the big issue tonight is going to be focus on the middle class and what the budget problems and the economy and how they all connect to the middle class families struggling in this very slow recovery. the president tonight expected to focus and talk about jobs,

manufacturing and other jobs that could help middle class families. he's expected to connect the $85 billion that could be cut out of the budget, the spending cuts that are automatically kicking in next month. connect those to middle class families with head start that can be devastated as a result of those cuts. he's expected to talk about gun control. a lot of people watching from the gallery tonight will be guests of lawmakers who have been affected by gun violence. immigration reform, the president will call for that. and then we just got confirmed a short time ago within the last hour that the president will talk about this latest nuclear test from north korea as he talks about foreign affairs and winding down in afghanistan and he'll also talk about north korea. the president has said wihen it comes to north korea we have to do something. reaction from the united nations. nato as well. we'll hear more from the president tonight. jon? >> a wide ranging speech and of course we have the rebuttal from

the republicans. thank you very much. >> you know, jon, the president's plan for the coming year will have a major impact on bay area businesses. for that side of the story, let's turn to business and tech report er scott mcgrew. >> the president will address immigration reform in tonight's speech. joint venture silicon valley just published this comprehensive study of our region. listen to this. half of all people employed in silicon valley who have a college degree were foreign born. among engineers, 64% of the people working in silicon valley are immigrants. tim cook, the ceo of apple, will be the first lady's guest at the speech. the president has in the past mentioned apple's plans to build some of its computers back here in america. steve jobs' wife attended the state of the union last year. steve jobs never has. it's hard to imagine him in the audience much of anywhere.

we'll continue to look forward to that and immigration going to be very important for silicon valley. >> thanks for following it for us. you can watch his state of the union address right here on nbc bay area starting at 6:00 p.m. it will follow nbc bay area news at 5:00 and "nightly news" at 5:30. also tomorrow morning here at 4:30 on "today in the bay." a developing story to tell you about out of the east bay. a stray bullet strikes a woman and barely misses her young son in the second story bedroom of her antioch apartment. christie smith is live in antioch right now where police are still searching for a suspect. christie, good morning. >> reporter: good morning to you, jon. that's right. antioch police are still looking for that shooter this morning. very scary story. a woman not even safe in her own home. standing inside in an upstairs

bedroom near her young son when she was struck in the arm. a bullet flew through the window. the wound is considered minor and she's expected to make a full recovery. again, she was standing near her young son in a room when she was hit. that woman is 31 years old. antioch police tell us that this happened late yesterday evening. they started getting a number of calls pouring in about gunfire happening in the street near sycamore where that woman ended up being shot. >> we arrived after talking to witnesses we found out that down here where we're standing approximately a half block away there was a subject standing in the middle of the street shooting at a passi ining by vehicle. >> reporter: antioch police tell us they've been doing extra enforcement in the area making arrests trying to calm things down. it's a high density housing area with a number of apartments, alleyways, trees, not always

easy to catch suspects they're looking for and at this point they have not released any suspect information. reporting live in antioch, christie smith, "today in the bay." >> thank you. scary stuff there. 5:34. weatherwise, very nice outside. christina loren sprinkling us with sunshine. >> mother nature is a passionate woman. she's going to bring up the heat just in time for valentine's day. by winter standards we're talking about warm days. 70 degrees is not too bad. you consider room temperature right at 72. that means you don't need heat. you don't need ac as we continue through the week. you need low beams in santa rosa where we have half mile visibility. we're going to continue to track that fog formation as it happens this morning. 34 to start you out in livermore. 40 in san jose. 30 degrees in gilroy. looking toward a repeat performance. the only difference is we do have that additional cloud cover this morning so temperatures won't be as warm in the north

bay. still touching on unseasonably mild conditions as we get into the afternoon. 65 in livermore. 63 here in san jose. 62 for redwood city. 61 degrees in san francisco. now, if you are trying to make plans for valentine's day, you don't have to make those fancy reservations this year. i'll tell you why coming up. it's going to be a great day to get outdoors. we'll talk about some of the best places across the bay area come this thursday. first, let's check your drive. good morning, mike. >> good morning. i'll give you a hint what she'll talk about. lunchables. all right. the south bay -- i'm a romantic. 101 moves smoothly. let me show you the south bay map. we'll talk about slowing northbound 17 right around the bridge. an earlier crash and there was a considerable amount of slowing. the distractions look like they cleared to the shoulder and now traffic is smoothing heading to and from summit for highway 17. also north 85 coming off 280 interchange and on approach we see slowing.

crews from overnight closures are in the clearing stages and that's the reason for the distraction. the change for the sensor readings around that interchange. give it another five minutes and they should be clear. the rest of the south bay moving smoothly. we'll talk about changes for 87 and 280 coming up. let me give you a couple live book looks. 880 across the bay a smooth drive through oakland. northbound with taillights past the coliseum to the bay bridge with no backup. we'll walk through changes in the south bay coming up. back to you. >> i'm sure passengers on a cruise ship would like to walk away. thousands of passengers are still stranded in the gulf of mexico this morning. the carnival cruise ship "triumph" lost power on sunday after a fire in the engine room. it doesn't have propulsion power so carnival is towing it back to mobile, alabama. it's supposed to arrive on thursday.

a woman aboard the ship was able to call her mother and says the trip is a nightmare. >> there's no electricity in the cabins so that means no air conditioning, no lights. we're all sleeping out on the decks. we've pulled all of our mattresses and sheets. the crew has been really, really great about putting out food for us. it's just really been a great crew. >> carnival says passengers will receive a full refund. >> i'm no cruise expert, no electricity cannot be good for the seafood buffet. >> big-time. those poor people. the los gatos town council getting ready to take action after public outcry over a new gun store in town. caught on camera. what the man in the center of the manhunt was recently spotted doing.

welcome back, everyone. a live look outside overlooking san francisco. beautiful days we're having across the bay this year. i was going to say spring but we're not there yet. it feels like it. we'll check the forecast with christina. 5:40. san jose city leaders in the south bay pressing forward in the battle for marriage equality. the city council meeting this afternoon to possibly adopt a resolution to join san francisco in its upcoming brief to the u.s. supreme court in the prop 8 case. next month justices hearing arguments for and against california's ban on same-sex marriage. the court also expected to hear arguments on whether legally married gay couples have a right to equal benefits under federal law. 5:41. this morning the giants are springing forward into a new season. >> time for spring ball down there. you could say the team is spring loaded with a familiar cast of characters.

the giants starting another spring training as the defending world champions. that always sounds good. defending champs. >> not bad. "today in the bay's" laurence scott live in scottsdale, arizona, with early arrivals reporting for duty in the dug t dugout. good morning. >> reporter: good morning, laura. i tell you something, we did see a lot of guys here already yesterday. today the official report date here at scottsdale stadium. the spring training home of the world champions san francisco giants. it's not just pitchers and catchers. there is a variety of guys. they're all going to get ready for what starts cactus lead play the 23rd of february right here at scottsdale stadium as giants host the angels and as we look at what makes up this team, we're seeing old faces and new friends. take a look. the early arrivals are note worthy as this championship team

gets ready for a run at another world series title. it starts with getting back to business. >> all of the guys like to show up early. they always like to get to arizona and try to, you know, acclimate to the weather a bit. many come from the east coast or cooler weather. it's nice to get down here and get in the sunshine. today is rainy but we have a lot of fun together. >> reporter: a laid back atmosphere noticeable as matt kaine's new furry friend arrived. there are considerations for showing up early. >> i live in the north pole. i needed to get down here where it's warm and play catch a little bit. it's always fun to kind of -- when you come into the clubhouse and you have the groomed fields and you have the training staff and you have all of the players, it just gives you mentality of getting it going here. >> reporter: jeremy talks about

the north pole. he's talking about spokane, washington. and torres there. he's back. part of the giants 2010 world series team. spent time with the mets and now is back in a giants uniform and really looking forward to the campaign ahead in the coming days we'll talk with him and so much more. we're just getting started. pitchers and catchers officially reporting here today. a lot more coming up as the morning rolls on. send it back to you in the studio. >> getting excited for it. thanks so much. also excited for the forecast. it feels like spring almost. >> it does. a better day here than they did in scottsdale yesterday. just want to point that out off the bat this morning. they actually had rain showers yesterday. 70s return. we'll have to wait for 70s. it's great to be in the bay area this time of year. i hate it when people say it's so cold in the bay area. no. not today. 35 degrees in concord. 41 in oakland.

40 degrees in gilroy. throughout the afternoon temperatures are going to be mild yet again. high pressure is the reason why it builds in for today and drives winds offshore as they move from land to sea they warm along the way. they push that marine layer back into the pacific and for us that means it is just going to get better and better temperaturewise. more and more comfortable as we head through friday. developing offshore wind really starts to kick into high gear throughout today and you notice that layer of haze, that particulate matter. unhealthy levels of pollution on the way likely as we head through the the end of the week. 64 in gilroy. 63 in los gatos. temperatures will be mild for today. staying mild all the way through valentine's day and that means if you want to hit the beach, a nice romantic picnic, a bottle of wine and a blanket is all you need. saturday and sunday as well if you don't get chance to get out on thursday because temperatures and conditions are going to be perfect bayside at the coast and inland. 5:45. let's check on that drive.

good morning, mike. >> good morning. if you are commuting getting on the freeway in san jose, i'll give you a second to turn around. look at the changes going on this morning. north 101 under 280 and 680. set of metering lights keeping traffic moving smoothly. we'll show you the map now. sensors same area. we're looking at northbound 101 off 680. see how it is slowing right there. a typical bottleneck. this yellow arrow i have drawn north along 280 getting on at jackson at king and then 11 other onramps toward the northbound side of 280 has metering lights turned on this morning in just 14 minutes they'll switch them on changing traffic flow on surface streets. also making things easier for northbound 280. a change that you'll have to get a couple weeks to sort it out. northbound 87 on north 280 has a set of metering lights turned on that will change flow of traffic into and through downtown san jose as well. we'll track that. it's a traffic tuesday.

the flow will get a couple weeks to adjust and some schools get this week or next week off so that will be a change through the south bay. we'll adjust and track it for you. meanwhile, we'll also look over here to the tri-valley. a typical build for livermore west 580 shows slowing toward the dublin interchange but south 680 not a problem through sunol and into fremont. a new debris report here north 238 coming up toward 880 slowing also off castro valley y typical. i'll let you know if chp has lanes blocked. so far they have yet to arrive. a quick look at the san mateo bridge without any problems. we'll end with that westbound commute. nice easy drive to the peninsula. back to you. >> thank you very much. 5:47. the u.n. security council will hold an emergency meeting this morning after north korea defied the council's orders and successfully conducted a nuclear test. state run media in north korea say the test was aimed at coping what is called outrageous u.s. hostility that undermines north korea's sovereign rights. the country faced tough

sanctions after a december launch of a rocket that the u.n. called a cover for a banned missile test. president obama called it a highly provocative act that would undermine regional stability. back here at home, he's the most wanted fugitive in america and prosecutors now in southern california formally charging an ex-l.a. cop with murder for killing a riverside officer. the charge against christopher dorner could bring the death penalty. dorner also facing attempted murder charges for allegedly injuring two other officers. dorner has been on the run for more than a week now. u.s. marshal says he might be in mexico. tmz reporting to have video that appears to show dorner buying scuba gear. authorities still searching in the resort town of big bear lake where dorner's burned out truck was found last week. the los gatos town council talking about taking action after hearing hours of debate

about a new gun store in town. more security was brought in after one of the owners of templar sports received a death threat at his home. the town council talked about passing a moratorium that would freeze new gun stores from setting up shop until the council comes up with regulation. a vote is expected next month. san jose's casino matrix is placing a bet on a new lawsuit against the city to try to reopen its top floor of its high roller suite. "today in the bay's" marla tellez is live by the casino with more details on the suit and why the city is refusing to open that top floor. marla, good morning. >> reporter: jon, good morning. ultimately it was outgoing san jose police chief chris moore who made that final decision to not allow casino matrix here to open up its top floor to the high stakes gambling. he made this decision last month citing safety concerns. not too sure about the casino's

ability to safely monitor the activity that would happen upstairs on the eighth floor. now, as we reported in january, it was san jose's gaming commission that recommended the denial in the first place. now the casino matrix is challenging the city of san jose slapping it with a lawsuit that cites a conflict of interest. the suit was filed in santa clara county superior court and in federal court in san jose just yesterday and it alleges the gaming division's administrator admitted under oath in an unrelated case that he does consulting work for other indian casinos, commercial casinos and racetracks. we spoke to a casino representative here about what the casino wants to come from the lawsuit. >> that may mean they have to change the structure of the division. that may mean that mr. tang may have to decide on whether he wants to work at the city or whether he wants to work for consultants. >> reporter: according to the

lawsuit, the casino wants the situation to be rectified for what it alleges to be unreasonable and malicious conduct, harassment and violation of civil rights. this morning we have reached out to both richard tang and the city of san jose. we are waiting to hear comment from both of those parties. also important to point out that nbc bay area has contacted successfully some san jose city council members. they say they cannot comment on this case at the time because they actually haven't seen the lawsuit. one final note. i did a search online and online documents say that richard tang has been a part of the gaming division for more than ten years. live in san jose, marla tellez, "today in the bay." >> all right. thank you very much for the report. coming up, how a bay area company is helping one fast food chain go vegan. plus a war brewing between london and san jose. we'll take a look coming up.

starting today, tofu is on the menu at chipotle. they are testing out a new vegan dish coming with shredded organic tofu. this one is stuffed with fixings over there at chipotle. chilies and the spices. the tofu burrito will be tested at seven bay area locations and if the diners approve and like that new flavor, chipotle is planning to add the dish to restaurants coast to coast. >> i'm just hearing my grandmother. if you prefer doughnuts and pizza, head to the south bay according to the mayor of london. scott mcgrew, why is the mayor of london giving us restaurant reviews? >> he was trying to make the point that london is more interesting than san jose. i'm not sure that was ever in doubt. he said silicon valley "you've

got lots and lots of sort of doughnut shacks and pizza huts and roundabouts. it looks like anywhere else to me. london is a far more attractive place to live." to which we respond, mr. mayor, we also have a mall so great we call it the great mall and mr. johnson, we have sunshine. we also have all of the money. that doesn't hurt either. here's an interesting statistic. microsoft has been talking about the xbox saying they are in 76 million homes. in half of those homes, there are no children. video games apparently not just for kids in other words. and finally, virgin america announced new routes from sfo to austin and anchorage. they are calling sfo to austin, the nerd bird. back to you. >> tech flavor there. >> they mean nerd with love.

>> absolutely. let's check the forecast right now. stay right here in the bay area if you can today. >> yeah. why would you ever want to leave the beautiful bay area? good morning to you. temperatures are going to be comfortable today. hard to believe we are in the middle dab smack in the middle of winter and we're talking about temperatures in the mid 60s everywhere. 64 inland. 63 bayside today. 62 degrees at the coast. and our temperatures keep on climbing as we progress through the week. we'll time that out for you coming up. seven-day outlook ready to go. first, if you have to get out that front door right now, mike knows what could slow you down. >> the other people getting out the front door will slow you down. the bay bridge toll plaza cash lanes have the backup and the metering lights are not yet on. look at berkeley area, east shore freeway, you see volume of traffic picking up. metering lights picked up in 15 minutes. ten judging by volume. live look at north bay. reports of tire tread in the

roadway. peninsula 101 moves smoothly. northbound with headlights through palo alto. back to you. >> thanks a lot. >> mardi gras right now being met with some bad weather on fat tuesday down there in the big ease yy this morning. >> beads not the only thing falling from the sky. soaked streets and rain clouds covering the french quarter. revelers say that nothing can rain on their parade. estimated 1 million people party there on the streets of new orleans. >> that is a massive party. the rain might just help wash it out and clean out the craziness. >> big fat tuesday. 5:57. still ahead, major insurance company changing its homeowners policy and it is taking many in the bay area off guard. what you may no longer be covered for next.

a woman struck by a stray bullet that narrowly misses her young son.

how violence shattered a family's feeling of safety inside their own home just ahead. also, does an ex-cop on the run have help? the search for a second suspect and new details as the manhunt spreads across the border just ahead. a homeowners insurance policy change taking a bite out of coverage for dog owners. >> we hit the sweet stride and warmer days keep coming. people also hitting the stride on the roadways. that means a lot of congestion for you. we'll show you the south bay slowdown and the changes going on right now coming up. right now we grab a live look over the south bay. nice shot there spanning san jose. some lights dancing in the early morning dusk. this is dawn actually. morning time here on this tuesday, february 12th. this is "today in the bay."

a developing story in the east bay. a stray bullet strikes a woman and barely misses her young son in the second story bedroom of her antioch apartment. "today in the bay's" christie smith is live in antioch this morning where police are searching for a suspect. you think you would be safe in your own home. >> reporter: good morning to you, laura. one neighbor tells us that this home has been hit by stray bullets at least three times in the past. happened again last night. too afraid to go on camera to talk about it again. a woman was inside standing near her young son when she was hit in the arm. a bullet flew through a second story window. late yesterday evening calls started pouring in about gunfire. this is an area of high density housing.