freeway. flashing lights on high street. northbound direction marked with an arrow. slowing heading north past high street and up toward the downtown area. we had crews that sound like they are clearing early from both directions so that may be a reason for slowing through oakland. so far it looks like things are on schedule there or early getting into the city construction getting off that skyway nothing unusual heading toward the golden gate bridge. back to you. 4:32. now to a follow-up to a story we first brought you yesterday morning. overnight the coast guard pulled a stolen yacht out of shallow waters in pacifica and right now it's on the move again. "today in the bay's" christie smith joins us live in the east bay now. i know that you covered this story all morning long yesterday. what is next for this boat? >> reporter: good morning, marla. we're waiting to see this luxury sailboat towed into the richmond marina where we're waiting this morning. another strange chapter in an unusual story. the boat ran aground yesterday

morning in pacifica. in the end three people were arrested and that's because the luxury yacht had been reported stolen about 1:00 a.m. from the yacht harbor. three home onboard refused help from the coast guard when they were stranded in pacifica. they tried to get it out of the sand on their own for hours. that didn't work. now after hours they finally gave in. they were pulled off the boat. arrested, booked. investators found the makings of a party inside. >> looks like it had been stuck in the surf line for six hours and everything fell off the shelves. a pizza box. beer bottles. >> reporter: the owner of the luksy yacht arriv y luxury boa stranded on television in the morning as it was being

reported. it is being towed here. something that this is definitely not designed for. we're waiting to see it this morning. as soon as we do, we'll let you know. reporting live in richmond, christie smith, "today in the bay." a veteran member of the california guard facing serious charges this morning accused of rocking off with more than 900 rounds of military machine gun ammunition. walter engel was arrested. he's now facing two felonies, grand theft and possession of stolen property. the nbc bay area investigative unit first broke this story last night. >> reporter: what's his motive? why? >> he didn't readily say that or provide that information other than admitting that he took them without permission. he didn't explain a motive. he worked there. he did have permission to be on the ground and work there as military employee.

>> once engel figured out he was under investigation, he tried to return those rounds. in a statement the california guard says all of the missing ammunition has been recovered and stresses no weapons ever went missing. we have attempted to contact technical sergeant engel. so far no response. san francisco police have retrieved an assault rifle that looks like this one stolen from one of the department's very own vehicles. someone broke into an unmarked sfpd car saturday night and took the ar-15. police not saying how they got it back they could release more information about that theft and recovery later on today. a memorial is growing this morning for the 18 year old gunned down in campbell over the weekend. campbell police say richard vega was walking north of the campbell community center sunday night when someone came up and shot him multiple times. he was rushed to the hospital for emergency surgery but did not survive. >> from what we know it could

have been a mistaken identity, mistaking him for something else. he wasn't into anything negative. >> vega was a santa clara high school graduate. about 150 of his former classmates gathered at the school's football field last night to remember and reflect. campbell police say a dark colored car was seen leaving the area after that shooting. if you know anything, you're asked to call campbell police. the san francisco board of supervisors expected to approve nearly 800,000 in safety improvements for an area where a teenager was hit and killed by an alleged drunk driver. the 17 year old lowell high school student was crossing sloat boulevard at vale avenue.

as for the suspect in the crash, he is in jail on felony charges of dui and vehicular manslaughter. los gatos is moving forward with an emergency moratorium on new gun dealers. the town council approved the moratorium last night. it also voted to have city staff research a potential ordinance that would change the town's policies on gun dealers. now, the moves are in response to the opening of templar sports. it's a new gun store that opened in los gatos in late december. many people in the town felt they should have had a public debate before it was allowed to open its doors. the oakland police department has new oversight this morning. a judge naming former baltimore police commissioner thomas frazier as compliance director. frazier's role allows him to spend city money and overrule top commanders to get oakland police back on track with reforms that were supposed to be completed five years ago. he could also have power to fire

police chief howard jordan if the department continues to lag. as for chief jordan, he says he has worked with frazier in the past. during the occupy oakland conflict and says he's looking forward to working with him again. >> good morning. it's 4:38. we're hours away until that rain hits the bay area. meteorologist rob mayeda, how are we looking? >> looks like we're going to see clouds first. wind second and then eventually the rain is going to come in. if you have been suffering from allergies around the bay area, this is good news. other than the fact winds will pick up, rain will knock down the pollen. as we show you temperatures this morning, partly cloudy skies. a cooler start this morning than yesterday for parts of the bay area especially in the north bay where we're in the mid to upper 30s. 45 in san jose. 46 in san francisco. you probably don't need the umbrella at least for the first half of the day. you'll notice the winds picking up out of the south as we move into the afternoon. right now those winds gusty at times in the hills but that will mix down to seaç level as the cold front here which is on the north coast slides toward the

bay area. the timing on this system has slowed down a little bit. maybe some good news now heading toward the first half of the evening commute notice lunchtime still with the sunshine and then the clouds start to spill in. 7:00 now starting to see the rain heading toward the peninsula and then around 9:00, 10:00 and by midnight tonight is when the cold front is racing right across on top of the bay area. temperatures as we go hour by hour probably the warmest numbers around early afternoon and then cooling as we head into the evening with the winds picking up and after this cold front comes through bringing us rain later, much unsettled conditions will continue as we go into wednesday, thursday and frid friday. showers at times. we'll clear out and warm up heading into the weekend. mike? >> we'll take it during the middle of the week and evenings. i like that better. looking toward the bay bridge, the incline moves very smoothly right now this morning. nothing unexpected overnight. typical road crews blocking a lane or two traveling over there. from oakland side it looks nice and standard here. jon will tell you about something going on from the city side. stick around. that's a change coming up.

we'll look at the flow of traffic off the east shore freeway and a smooth drive on the deck as well. slowing off of the toll plaza is the incline but typical this time. southbound side i saw quite a bit of slowing over the last five minutes but it just started to clear again heading off 980 into downtown. as the crews clear we'll see them register slower as equipment moves. live look outside as folks travel south 880 and travel toward 92 over toward the peninsula, that's the san mateo bridge westbound with the taillights. a smooth easy drive on both sides of the bay and across the bay here on highway 92. back to you, jon. >> you had that teaser there. the bay bridge. another live look at that beautiful sight. later tonight that switch will officially turn on for a massive light show. there you can see some of them illuminated in early dawn here. it's part of the bay lights project. very, very nice. this is video shot during a recent test. now, those lights will create so many different moving patterns

not one of them will be repeating. a lot of variety. a grand lighting ceremony starts off tonight at 8:30 and the light show for the record willing on display from dusk until 2:00 in the morning for the next two years. >> very exciting. new this morning, the cardinals just wrapping up day two of their preconclave talks. this video was shot just about 30 minutes ago of cardinals leaving the vatican. meetings began yesterday with the cardinals taking an oath of secrecy vowing not to divulge any of the details surrounding these meetings. a date for the conclave to choose a new pope is expected to be announced when all of the cardinals arrive at the vatican. they're supposed to arrive by tomorrow. 4:41 right now. coming up, making that drive to work smoother is going to come with a hefty price. the plan to fix potholes in one bay area city. back in court. we'll tell you why martha stewart is getting ready to take the stand in a new york courtroom today. and a wake-up call for

students at stanford. what the school is now proposing. what they want to do with some of its popular classes that seems very unpopular with some students.

welcome back. a live look at the south bay. plenty of pink, red haze out there. rob is checking the forecast for us. it's 4:44. in washington lawmakers are working on a solution to avoid a government shutdown later this month as the nation begins to feel the impact of the $85 billion in sequestration cuts at that took effect days ago. lawmakers are order to cut office budgets by more than 8%. president obama says the cuts will hurt families but republicans say it's an exaggeration. >> does anybody in this country believe that our federal government is so efficient and so effective that we cannot afford to trim two pennies out of every dollar? >> it's not the right way for us to go about deficit reduction. >> on thursday the house votes on a temporary budget to prevent a government shutdown. that includes spending freezes

and keeps the cuts in effect for most government agencies. investors this morning keeping a very close eye on apple. the cupertino company's stuck price plunging yesterday closing at $420. that's the lowest level in more than a year. the drop means apple is no longer the most valuable company in all of america. that honor now goes to exxon and apple not the only thing wall street will be watching this morning. investors keeping an eye on a new york courtroom where martha stewart takes the stand today. let's check in with bertha coombs live at cnbc world headquarters with details on that and how futures are trading today. good morning. >> good morning, jon. apple hits those new lows. you have google hitting new highs. and that's part of what's helping to drive futures higher this morning. the dow meantime continuing its march to an all-time closing high. the index just 36 points away from that mark set back in

october of 2007. dow making the move despite not having back-to-back winning sessions in more than a month. stocks reversed early losses to end in positive territory. s&p posting the first winning monday of the year. today we'll get data on the health of the services or nonmanufacturing sector. that's what most of us work in. dow rising 38 points on monday. keep your eye on 14,164. martha stewart is expected to take a stand in the dispute between jcpenney's and macy's. macy's claims jcpenney is honing in on its contract that it has had since 2007. on monday the judge warned jcpenney that jcpenney is taking

a big risk by ordering martha stewart products saying it could face empty shelves this spring. the judge says he could actually grant an injunction to take some of that off of the shelves while he makes the decision. tough competition there for martha's stuff. >> should be interesting to watch as that plays out. bertha coombs, thank you very much. >> they say it's important to love your job and this man definitely does. i love it. five days a week this guy eric can be seen dancing and singing while operating a lift at a connecticut ski resort. i love the energy. he says he's not the best singer or dancer but it helps make the day go faster. in fact, he dances so much he doesn't even go to the gym anymore. i wonder if he causes any accidents right there. >> i don't know. he's causing a lot of entertainment out there.

i think i would probably just go to his slope to check out his groove. >> that's awesome. >> nobody falling on their face. >> let's hope not. got his groove on. >> serious ski resorts may have dancing going on later today. we'll talk about a storm for the first time this year will dump more than a foot of fresh powder in the sierra ski resorts in the next 24 to 36 hours. 30s and 40s around parts of the bay area this morning. north bay, you're quite chilly right now down to 34 degrees in napa. 46 in san jose. 46 in san francisco. the wind not much of a factor right now but for your evening commute now it looks more windy as opposed to rainy and wet at least to start. the system coming in later today slowing down a little bit but by tonight we'll see that wind and rain picking up. so increasing clouds during the day. winds picking up up to about 30 miles per hour by the time we get to 7:00 tonight. the rain will move into the south bay after sundown and then

wednesday, thursday and friday showers will continue. not complete washout. mixed with sun at times. much cooler weather coming our way as well. the daytime highs will drop down next few days. so hour by hour today you'll notice the clouds starting to pick up and as we head toward 7:00, raindr dropping out of th north bay and rest of the south bay by 11:00 tonight. you can see rainfall totals a half inch or more in wettest locations in coastal range of the north bay and santa cruz mountains and for the sierra this is great news. look at the snow levels. by the time we get into tomorrow, snow levels dropping down close to 3,500 feet. cooler air coming in with the system. here's the cold front we're watching today. all these popcorn-like clouds behind it is part of sunsettled weather we'll see. interesting to point out, mt. hamilton looking at snow as we wrap up the week before things clear out for the weekend. 61 in san jose today. temperaturewise, similar to yesterday. the day is going to finish on a

windy note. winds out of the south at 15 to 30 miles an hour. rain picking up for most of the bay area and mixes of sunshine and scattered clouds and things start to clear out and warm up for the weekend. 70s back in the forecast by sunday and monday. back to you. >> okay. thank you, rob. the san jose city council meets tonight to talk about a plan to fix the city's deteriorating roads but it's going to cost taxpayers. city officials are proposing new tax measures to pay for road repairs and maintenance. one solution is either a quarter cent or half cent sales tax increase. another is a bond measure that would cost homeowners about $100 a year. meantime on campus a plan to change scheduling at stanford not sitting too well with a lot of students. right now most classes are offered between 10:00 a.m. and 2:00 p.m. but so much students have scheduling conflicts the university registrar is talking

about spreading out class time and starting more classes at 8:30 a.m. 1,700 students have signed an online petition saying the change will negatively impact student life. the school's faculty senate will talk about that proposal thursday. it is 4:52. the 49ers are on the hunt. who they are looking to replace for the coming season. plus, the giants. hunter pence famous for pregame speeches but now he's testing out his pipes in a whole new medium. trust us. you do not want to miss this. >> i don't think i do. we're looking at fremont. smooth drive right now for 880 coming into the south bay. we'll show you the peninsula and what you might encounter coming up.

welcome back. it's 4:55 right now. when the 49ers return next season, it sounds like they'll hit the field without kicker dav david akers. the report is the team will release akers before the start of free agency march 12th. he struggled last year. no doubt about it. making just 69% of his field goal attempts. so far no word on who might replace him. >> i love this next story. giants outfielder hunter pence is man of many talents. he revs up the team before games and gives inspirational speeches but do you know he sings in his car and he records it.

♪ i feel so close to you right now ♪ ♪ it's a force field ♪ i wear my heart upon my sleeve like a big deal ♪ ♪ your love pours down on me surrounds me like a waterfall ♪ ♪ and there's no stopping us right now ♪ ♪ i feel so close to you right now ♪ >> that's cute. >> she's smiling ear to ear on that one. >> shows who he really is. >> justin bieber ain't got nothing on him. >> i want to hang out with him. he's fun. >> let's find out if mike inouye will sing in his car during this report. >> i do but i don't record it and i don't put it on the news. hunter pence much better voice than i have. looking to 101. smooth, light drive southbound side with taillights and that's why i want to woarn you that we

have a light flow of traffic but slowing through the area. speeds down toward 60 on our maps through palo alto. construction zones through the area so there may be slowing. shouldn't be a problem. dumbarton looking good here. 880 still has construction zone between the coliseum and 980. both directions should pick up and southbound side is clear. look at the bay bridge toll plaza. that's clear right now. back to you. >> very good. thank you, mike. 4:57. coming up, the megacommute. a lot of people in the bay area are suffering from it. we'll tell what you it is coming up. >> sounds like an epidemic. plus, police looking for a man who walked into an east bay pharmacy and allegedly walked without a bag full of drugs.

happening now. the stolen yacht stolen off the coast of pacifica almost back in port. christie smith is gathering

information. she will have a live report next. you want inspiration? testing the lights on the bay bridge. we'll have details on where you can get a great view. >> neat sight this morning. we can see it because there's no fog in san francisco. patchy fog in the north bay. temperatures in the 30s for now as we track a storm on the way. your forecast is coming up. >> so we're watching for both of those things. meanwhile, there's the build that just started right now. we'll show you east bay spots where you're going to have to start tapping those breaks. and giving you a live look at san jose. those are the freeways, highways, and not too many people out and about at this point. 5:00 a.m. tuesday march 5th. this is "today in the bay."

it is 5:00. thank you for joining us. i'm jon kelley. >> good morning. i'm marla tellez in for laura garcia-cannon. police say a man killed three men during a marijuana deal near forestville on february 5th. officers are still looking for this man who may be linked to him. the search continues for a suspect wanting for stealing drugs at a pharmacy. contra costa county deputies releasing video of the man caught on surveillance. he walked into a safeway store along highway 4 last wednesday. the suspect allegedly demanded drugs from a pharmacist. he grabbed that medication and then he took off. deputies at this point have not said if the suspect threatened the pharmacist or whether he was