berkeley. the coroner has been called to a fast-moving apartment fire. neighbors say a man in his 50s has died. i'll have the story coming up. >> reporter: a possible turning point in the fight against the  fire burning mt. diablo. i'm bob redell. i'll take you to dublin for the latest. >> winds going to shift. we'll tell you what that means for the fire fighting efforts on mount diablo. for us we're starting out mild. we've got a cooler day headed our way. still going to be hot in spots. your forecast coming up. >> and we have a thick marine layer across the area now that's keeping fog and drizzle across our area bridges. we'll get you out the door and let you know what your morning commute looks like. >> and taking a live look outside this morning from the south bay, waiting for the sun's grand arrival on tuesday, september 10. this is "today in the bay."

a very good tuesday morning to you. thanks for joining us. i'm laura garcia-cannon. >> and i'm jon kelley. thanks for joining us. good to see everybody. we have breaking news in berkeley. we just learned the coroner has arrived on scene of an early morning apartment fire. flames erupting at that apartment building on oregon street near telegraph avenue. it's also where christie smith is live at the scene with new details on this fire. good morning. >> reporter: good morning to you, jon. neighbors say this was a very fast-moving fire. they were actually asleep at the time and firefighters showed up, they say, with police and started banging on their door. i spoke with firefighters. what they tell me is that when they arrived there was basically flames blowing out of the third floor of this apartment building here on oregon street. they say right away they learned that one person was unaccounted for. they found that person and now the coroner was on scene but firefighters telling us notification hasn't been given so they are not being very

specific on that yet. on the third floor they tell us there was a metal door so difficult to get in. started about with 1:30 this morning. this is on oregon street, there are several units in this building. i spoke with one neighbor. she believes that the man that was in question here was in his 50s, a smoker, that he burned candles sometimes, that he had a somewhat eccentric personality. they haven't seen him since this fire broke out. i did speak with one man who says that firefighters banged on his door, told him to get out. >> we just grabbed like keys and stuff and ran out. we don't have anything. we have a few things the fire department collected for us. that's it. >> you looked and the top of the building was on fire. >> literally. the whole building ablaze up there. yeah. we were on the other side of the street. the whole thing is a blaze. yeah. not what you expect at 1:30 in

the morning. >> reporter: firefighters tell us except for that metal door they were able to knock this fire down rather quickly. they say that the cause is still under investigation and they will be here on scene for quite some time. the red cross is helping those who were affected by the fire, those who now are out of their building. reporting live in berkeley, christie smith, "today in the bay." >> i want to give you a heads up for the third day in a row san jose's alum rock park remains closed. a high fire danger alert in effect for the area due to all of the hot weather we've been having and more coming up today. park officials say this one will reopen once things start to cool down outside. >> another warm one. it's not as hot as yesterday. let's check the forecast with christina loren. >> good morning to you. not as cool as it's going to be tomorrow so continue to see that drop as we head throughout the next couple days and hopefully it looks like as we reach local standards about 88 degrees which

is pretty normal. they will be able to open up alum rock park. temperatures this morning are really mild. we're starting out at 64 in livermore. 61 degrees in san who saxt let's take it to your future cast. 10:00 a.m., getting plenty of low cloud cover. at the coast you're going to see the sun shine in san francisco which is important because we have america's cup today. this is what we expect. through about noon to 4:00 p.m., conditions clear over the most of the bay area. the inland cities pretty hot. 93 degrees in almost. 85 in san jose. i promised you that photo of the fire from space over mt. diablo. that's coming up. first, it's a tuesday morning, we call at traffic tuesday here. let's check on the drive with anthony slaughter. >> sometimes don't know if the traffic is a good thing or bad thing. it's hard to tell. today was pretty bad. today not as bad as yesterday.

a heads up, this morning we're looking at lots of fog, so you want to make sure you are aware of that before you head out. especially if you use the bay bridge. even the lights are knocked in. still holding on to the bay bridge. the approach not bad, you can see flames wide open. a little further down into oakland you can see on 880 southbound and north bound a few more cars on the road. the good news, no accidents to report of just yet. good traffic tuesday. >> let's hope this remains. it's 5:05. new this morning as president obama prepares to address the nation a poll shows he is facing an uphill battle. syria seems to be willing to bend. marla tellez, we're just hearing big development from syria about its chemical weapons. >> just in, syria says it has accepted russia's proposal to

give up its chemical weapons to put them under international control to eventually be dismantled. this news as we know could be a game changer and change the team of the president's speech. also the news comes on the heels of the poll that shows a majority of americas oppose military action in syria. here is a look at some of the numbers. 58% of those polled say congress should vote against the resolution that would authorize military action. compare that to 33% who support the authorization. a little deeper, a majority, 59% say they would oppose president obama taking military in the case that congress votes against the resolution. 36 period say they would green light it. and the president sitting down with savannah guthrie yesterday says in his pitch to the nation tonight he plans to say syrian

president assad is more talk than anything else. >> doesn't have significant capabilities to retaliate. iran does. iran is not going to risk a war over the united states over this. >> this could all be moot now that syria reportingly agreeing to hand ower chemical weapons. this started yesterday when secretary of state john kerry suggested syria show its cards and hand over its chemical weapons stock. coming up i'll have reaction from lawmakers. do they believe that assad the willing to surrender. in the meantime, president obama will meet with congress hope forge a diplomatic breakthrough and address the nation in his prime time speech. >> you can watch that here on nbc bay area. it will be after nightly news. we'll return the local news following the president's speech at about 6:15 tochblt an update to a story in the

east bay. weather conditions helped firefighters get the upper hand on the wild fire. right now it has consumed more than 3700 acres and is 20% contained. bob redell live at the command post in dublin. he joins us with the latest. good morning, bob. >> reporter: the latest word here from the incident command at dublin is that firefighters have been able to at least temporarily stop the advance of the morgan fire that is burning at mt. diablo. right now his burn is over 3700 acres, it has been stuck at that number since yesterday afternoon. and cal fire does not expect that number to change much. but they hope that the percentage of containment has grown. yesterday the fire was 20% contained. we'll find out soon if that increased. two factors, one is the weather. at some points yesterday the

wind changed direction. forcing the fire to blow back on itself. you have cal fire crediting the work of the 700 firefighters assigned to this fire for helping and for using dozers to cut lines, air attacks, it's very difficult to fight. what has turned out to be very unfriendly terrain. >> we did see in may and today we don't normally see that until october-november so it's very dramatic fire behavior, i can't stress enough that it's -- presents a new hazard. >> being things that move faster? >> fire moves faster. if you throw a little wind on it and lou humidity. it multiplies the scenario. >> reporter: the morgan fire as it's called is threatening roughly 100 homes. firefighters have been able to

protect historical beacon. many roads leading up remain closed to keep the public safety and give easy access. cal fire expecting to receive a briefing from what's happening around 6:00 this morning. reporting live here in dublin, bob redell, "today in the bay." >> the effects of the fire sure to be felt. they are preparing for the erosion in that burn zone where the ground will now be less stable. the smoke from the fire also causing concerns about air quality as you might expect. here is an interesting, a small silver lining. some species of wild flowers, wee we could see a larger crop next spring. stay with us all morning long,

we'll have updates how the fire is going. plus, how it's affecting your air quality. we'll keep you updated on how the firefighters on the ground working on this. also on our website at nbcbayarea.com. >> iran is offering indications it may be open to talks about its nuclear program. what the country's spt saying. >> b.a.r.t. and its unions just 30 more days to come up with a deal or risk another strike. the latest on the negotiations. >> we're going to get a lot more information, about government spying today. we'll tell you what it means and why you care coming up.

welcome back everyone. a good tuesday morning to you. it's a big day in the fight against domestic spying. federal agents will come to a san francisco law office not to take data away but hand it over.

scott mcgrew, big victory for advocates. >> the foundation has been waiting a long time. and they are going to get a disc full of documents, declassified information about how the foreign intelligence surveillance program works and how the government uses the patriot act to monitor millions of americans' phone calls. efs says it may take a day to uplod those. last time we saw the documents like this we learned of several instances where the national security agency had abused its monitoring power including several situations where agents tracked their own lovers or spouses. much of what we're going to learn today predates this guy, edward snowden and that whole controversy. the case the esf is fighting dates back to the bush administration and what were at the time illegal wire taps. those were made legal retroactively. one of the challenges is simply

keeping up with it all. keeping all of the news straight. it was last friday we learned the government had broken encryption that keep internet transactions safe. going to google and microsoft, google said it's hurting business. let's check on wall street kayla tausche is live at cnbc headquarters. good morning. >> good tuesday morning to you, scott. futures are higher after stocks rallied on monday, the dow posted its b's day in eight weeks and first triple digit gain since august 1. investors react to a bunch of things. better than expected data on chinese exports, a possible solution in syria and anticipation over products apple may unveil this afternoon. the dow rising 140 to 15,063 t nasdaq climbing 46 to 3706. scott. >> kayla, thank you. apple is going to unveil

products, it will be at 10:00 a.m. our time. in the morning it will happen in cupertino here with the opening of the big stanford shopping center last weekend. a lot of apple fans excited about a new slightly better iphone. we're hearing perhaps with a fingerprint reader, the other thing is a cheaper iphone for developing countries, brazil, india, that sort of thing where they will be able to sell more of them at a lower price. >> maybe new colors. >> and this whole new thing is coming to everybody's iphone. we'll see more of that as well. >> good. looking forward to it. >> apple needs an injection. see if this is. let's check your weather. our christina loren is tracking warmer temperatures, how it's going to help the firefighters. >> yeah. you know, it's going to be a better day for them. we have a return of westerly flow. this is nothing else will help the humidity levels in the area. i want to start with the golden gate bring. you can see it.

throughout the next couple hours you're going to lose that visibility. temperatures are comfortable to start. 61 in concord, 59 in oakland. and 58 in san francisco. so this is what we expect throughout the day today. from that fire, they are at 76 degrees, 24% humidity which is up by about 3% from 24 hours ago. wind is gusty. we expect the winds to relax throughout the first part of the day. westerly flow, 13 miles per hour gusting to 20 miles per hour. as you head throughout the afternoon we expect a temperature up there right around 90 degrees, straight up. 93 for livermore, 80 in fremont and 72 at room temperature in san francisco. quite a bit of low cloud cover. there's going to be two different sides to san francisco today. the ocean beach side, socked in with fog about all day long, but downtown and over the water where you're going to find america's cup should be sunny at least for four or five hours. 75 in santa cruz and here it is

take you into the future, wednesday to thursday, temperatures start to drop off more, getting more comfortable here. that ocean breeze will pick up tomorrow and we're going to see that thursday as well. that westerly flow is good news when it comes to the humidity. looking good there. >> we're looking good. i'm doing it. let's get you out the door this morning. you can see we want to start you off with the details around this fire on 680. a lot of this activity is not affected right on 680 from the walnut creek down to san ramon. christina was mentioning the winds are more westerly today so we're not looking at traffic being affected due to that fire. antioch, you get toward pittsburg things start to clear up and once you get past headed to the maze lots of green so no problem there is. the other slow spot here this morning, the altamont pass,

typical slow spots. yesterday at this time we were looking at some accidents starting to stack up in the south bay. this is 101. the northbound side is light headed towards us. this is where we had three separate accidents yesterday so we're watching this closely and also getting you through into palo alto on 101. moving smoothly. over to you. >> it's 5:19. new this morning iran's president says he could reach out about resuming the nuclear talks. he could try to get negotiations back on track during the u.n. general assembly later on this month in new york. in the spring talks between iran and world powers were deadlocked over western efforts to rein in tehran's nuclear plan and program. the u.n. gathering marks the iranian's president's first trip since last month.

>> fremont investigators looking into the cause of a house fire that injured seven including two police officers and two firefighters. cell phone video shows the home covered in flames. fire erupted about 4:30 as we told you yesterday morning. a boy and his parents were pulled from the side window. they remain in the hospital. >> negotiations set to resume between b.a.r.t. and one of its two large unions. today marking the halfway point in the mandated 60-day cooling off period. governor brown to avoid a strike. negotiations are expected to focus on minor supplemental issues. major issues include pay increases, pitch and contribution. health care premiums will not be discussed. that will happen next week. three weeks to avoid a strike which the union says starts october 11 if no deal is reached

before then. now a preview of an exclusive investigative unit reports after the unit uncovered 6 cowas using out door sheds to store raw chicken, milk and vegetables. that problem goes behind the bay area. after our first investigation we received tips from many former and current workers in the u.s. and canada. insiders, they say what we found in the bay area was standard practice by the billion dollar corporation. employees are speaking out about a cost cutting measure that puts the public health at risk. >> it's not only are they putting everyone's lives that they serve their food to at jeopardy, at risk, because of the conditions that their stuff is held at. i mean, someone needs to stand up and say hey, enough's enough. >> sis cohas ceased operations

at all shed locations. tonight how our local investigation is prompting sweeping changes in food safety and new details about how long sis cowas actually using these sheds. >> new fight over san jose testing.

welcome back. a good tuesday morning. california schools could lose federal funding if state lawmakers move forward with a new standardized testing system. u.s. secretary of education arnie duncan made the statement to the state legislature yesterday. lawmakers proposed replacing the standardized exams with a computerized system. the plan would suspend test scores in public schools for at least a year. during a trial run of the new

exams. secretary duncan says letting an entire school year pass without recording test performance is the wrong way to go about this transition. >> this will be a unique move. students could have a seat on berkeley's city council. the council will consider a proposal to create a united student district encompassing areas next to uc-berkeley. if the proposal is approved berkeley would be the first city in the entire country to have a city council district designed solely to represent the interest of college students. students make up about a quarter of berkeley's population so putting power in the hands possibly of students. >> and they are registered to vote. >> watch how it plays out. >> let's see how the forecast is playing out for today. good morning. >> good morning to you, laura and jon. good morning to you at home. your flight delays for traffic

tuesday we'll check on the drive in a moment. but you are trying to catch a plane for business, 58 degrees, patchy fog in san francisco, we are expecting delays to crop up at about 6:30. we'll check on that with thick low ceilings with the return of onshore flow. that means a cooler day. a little breezy this morning. hold onto your steering wheel as you cross the open water bridges, the bay bridge, the golden gate, you might find drizzle. later on, though, a sunny finish headed our way. 93 for livermore, so down from the triple digits. 80 in fremont, 86 los gatos and you're holding on to low 70s in san francisco. we'll have the seven-day outlook in moments. first check the drive. >> looking good across the area. the heads up, lots of fog across the area bridges this morning so you want to make sure that you are ready for that as you get out the door. let's take you out and show you the emeryville cam. a little bit of glaze on the cam

because of that drizzle and fog. that is affecting traffic especially coming in from the north bay across the golden gate bridge. fog 3 and drizzle on the roadways. you want to make sure you take it easy. and in the south bay through santa cruz, slow going in both directions moving through that direction as well. >> 5:27. apple getting ready to make a big announcement. scott will tell us why it's a big deal for the future of the cupertino company. >> we continue keeping our eye on the fire burning on mt. diablo. we have a live look at the incident command there, the fire not just affecting people in the burn area but a good part of contra costa county as well. more on this happening up on the mt. diablo area.

very scary. everything you work for all of your life, you know. could go up in flames. >> dozens of homes still threatened by the wild fire on

mt. diablo. we'll have a live look at the incident command post where hundreds of firefighters from all over california have been called in to help battle this fire. >> it's 5:30. thanks for joining us. i'm jon kelley. >> i'm laura garcia-cannon. that fire has more than doubled in size in the past 24 hours, so far 3700 acres have burned in the fire just 20% contained. firefighters trying to protect 100 structures including some homes. rob redell joins us live in dublin. good morning. >> reporter: good morning to you. yes, the firefighters are working on 24 hour shifts so in the background you can see you've got some firefighters with the department of corrections, prisoners out here getting their chow before they head up to mt. diablo several miles north of here. also happening, they are compiling the newest numbers as far as the acres burned and the percentage of containment. as the firefighters, cal fire says they have been able to stop

the advance of the morgan fire as it's been advancing on mt. diablo. right now it's burned 3718 acres and it's stuck at that number since yesterday afternoon. they do not expect, keeping their fingers krosd, that is not going to change much. but they do hope that the percentage of containment has grown. yesterday fire was 20% contained. and again we're going to find out soon if that increased. two factors in stopping this advance. one is the weather. at some point yesterday the wind changed and forced the fire to blow back on itself. and then cal fire said the other factor are the 700 firefighters who are here fighting this fire. they have been putting in 24-hour shifts using dozers to cut lines, they also had the air attacks smother this fire. this has been an unusual fire season and fighting a fire on a mountain like mt. diablo with steep terrain, not easy.

>> fire behavior we did see in may and even that we're seeing today we don't normally see that fire until october november. so it's definitely dramatic fire behavior. i can't stress that enough that you know, it's definitely presents a new hazard for us. >> reporter: being things move faster? >> the fire moves faster. the fuel beds are receptive to fire and then if you throw a little wind, low humidity, a little heat it multiplies the scenario. >> reporter: the morgan fire still threatening roughly 100 homes, roads up mt. diablo still shut down to the public so that the firefighters have access. again, cal fire expecting an update at 6:00, so in about a half hour the key bit of information is whether or not they have been able to contain this fire more. remember, 24 hours ago yesterday morning it at 10% contained. last night it's 20%. they hope to increase that by

this morning. reporting live, int dent command for the morgan fire, bob redell, "today in the bay." >> as you might expect the fire causing trouble with the air quality around mt. diablo. the clayton library has been set up as an evacuation center and shelter. the flames and billowing smoke forcing a lot of schools in the area to keep students inside for p.e. and recess. danville canceled youth sporting events last night because of all of the smoke, leaving the usually crowded fields empty. in other parts of the east bay, cars have a light coating of ash. >> if you happen to see flames and you're in a safe distance, not too close, make sure you worry about that first, go ahead and snap photos and send them in to isee@nbcbayarea.com. you can post only our facebook and on our twitter page. >> 5:33 breaking news in berkeley where nearly a dozen

people are now homeless after a fire erupted at their apartment building. it rerupted after 130 this morning on a building near telegraph avenue. christie smith is live at the scene where we understand the coroner has been called out. >> reporter: that's right. the coroner has been called out and right now fire investigators are taking a very close look at this apartment building. it's one of these large converted homes somewhat near the campus off telegraph on oregon. they are trying to figure out how it started. that's where the worst damage s. and firefighters say flames were shooting out of that unit when they arrived. neighbors say one man in his 50s lived alone up there and firefighters say that man was unaccounted for in the fire in the first place. then taken to the hospital. now the coroner has been called in. firefighters telling me there is protocol and issues with notification there. this started at 1:30 this morning, an apartment building

here on oregon street, three floor, several units, suddenly caught fire. residents tell me they were sleeping when firefighters and police started banging on doors, woke them up, told them they would have to get out. >> it was like an inferno. we ran out the front stairs there. here we are. >> reporter: the neighbors tell me that man was somewhat eccentric, a smoker, that he often let candles burning. one woman says that she had smelled smoke coming from that unit around 11:30 but thought man was again burning candles. firefighters do not have a cause yet but they will be here for several more hours investigating. reporting live in berkeley, christie smith, "today in the bay." >> arson investigators right now out at the america's cup pavilion, a fire damages a section of the bleachers there and right now the cause of this fire does remain under

investigation. so far no arrests have been made. despite the fire yes, the races will go on today on the bay. a total of 5 to start. as it stands the kiwis have a 3-2 minus one lead over the defending champion oracle. how does that make sense. oracle was penalized, started the series with a negative two wins after the international jury determined the team cheated during the america's cup world series. so they were penalized, started in the hole. now you can watch today's races here on nbc bay area. because of this days of our lives will air at noon, "bethenny" at 3:00, follow bid ellen, then nbc bay area news at 5:00. >> want to check the forecast. checking in with christina loren. >> good morning to you. temperatures this morning are running nice and mild.

you're at 58 degrees in san francisco, where they will be taking it to the bay. winds are going to play a factor in today's forecast. they won't be as strong as yesterday. they will stay below advisory criteria. race at 1:15 and 2:15. at noon temperatures comfortable, fremont 78, 64 degrees at lunch time in san francisco, rounding out the day at 72 degrees. that's your downtown temperature. on the water, closer to about 74, 75 degrees, bring your sun screen. it's going to be happening right in the heart of the day where we get all that sunshine, then the fog will roll in. 93 for livermore, 83 redwood city and 86 on the way to los gatos. it's 58, winds out of the west 10 to 2 miles per hour. if you are headed out there one more time bring your sun screen, your shades and of course a positive attitude. if you can't get out there, we'll have it live here on nbc

bay area. let's check on your drive. >> things look good, no major traffic accidents. we have something i'm investigating across the north bay. right now the south bay, you'll notice 101 northbound moving through san jose. we had a number of accidents yesterday. things are moving smoothly. no accidents in this area. up in oakland, 880, you'll notice or rather see on our traffic maps to give you an idea, lots of green, let's take you to oakland, you can see a little more congestion in this area, even approaching the bay bridge, more cars but the metering lights are not on. you still have a chance to zoom on through. >> 5:38 now. it's been in talk for a long time. it's finally here. today another big day for apple expected to show uf not one but two sort of new iphones. >> scott mcgrew, we should see more of the new operating system as well.

>> in a way everyone's going to get a sort of new iphone because the new operating system is very different than the one on your phone. we think ios 7 will be on the new iphones introduced today so it's also logical to think this operating system will be rolled out to all new users and users when the new phones go on sale later this m. it's said a million times before we expect fingerprint on the iphone s, a cheaper iphone for emerging markets like china and india, it gets under way at cupertino. we'll have full coverage. >> everybody will be talking about it. thank you. landmark hearing about to start on capitol hill. we'll let you know how this would have made impact on medical marijuana industry. >> plus, following breaking news out of syria. the foreign minister says it's willing to give up its chemical weapons as president obama gets ready to address the nation.

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new this morning from india, four men could face the death penalty for a deadly gang rape on a moving bus. the men have been convicted on all counts including rape and murder for the attack on a young woman back in december. the victim ultimately died two weeks following the attack. this caused -- it sparked outrage all over india and all over the world, pushed the government to pass new laws protecting women from sexual crimes. those men could be sentenced to death in court tomorrow. >> 5:42, breaking news, syria says it will surrender its chemical weapons. marla tellez joins us from the newsroom with more on this proposal. what it means for u.s. military action. >> this just came across the wires in the last hour, the news coming out of moscow, syria

saying it has accepted russia's proposal to place its chemical weapons under international control to eventually be dismantled. the syrian foreign minister says they have agreed to to uproot russian aggression. they are working with syria to prepare a detailed plan of action. ultimately russia will finalize the plan with the u.n. and also the organization for the prohibition of chemical weapons. what does this mean for president obama's push for military action against syria? yesterday before this was all solidified the president says it could be potentially a significant breakthrough but he remained skeptical that syria would follow through. one thing is for certain. lawmakers agree with him on that. >> we can't really count on it until we know more about the proposal and how syria is going to respond. >> there is no reason to have a vote until after that is fully explored. >> only way to find south to test. >> sometimes you have to shake hands with the devil. >> this news come-ons the heels

of the latest nbc "wall street journal" poll that shows the majority of americans oppose action. 58% say no. compare that to 33% who support the authorization. also worth noting, 74% of americans feel the united states should focus more on domestic problems and do less around the world. this latest poll just released hours ahead of president obama's planned prime time speech which was supposed to explain his stance on syria. we'll see if this latest news changes that. >> certainly be watching. thank you. you can join us as well watching president obama's speech. it airs at 6:00 p.m. after nightly news with brian williams. we'll return with local news at 6:15. >> it's 5:44. more on the local scene, we'll learn more about how the rim fire has impacted san francisco's water and power

systems. the san francisco public utilities commission presenting an update on conditions at hetch-hetchy reservoir which supplies a lot of the city's drinking water. the the fire has taken a big toll on some of the electric power that travels through the burned out areas. the rim fire has now burned more than 253,000 acres. this one is about 80% contained at this point. firefighters say they expect to have it fully contained by some time next week. so far we can tell you california it has been expensive. california spent $100 million fighting the fire. with the rim fire nearing containment, efforts now under way to restore vegetation and the wildlife in that burn zone. the river trust has launched a campaign for funding for a recovery plan to ring the ecosystem back into balance. the river trust will be announcing the campaign this morning that will take place in

san francisco. >> we had a hot streak hit the bay area. cooling today? let's check with meteorologist christina loren. >> much cooler but still a little on the hot side inland. good morning to you. temperatures starting out mild, we're about 3 to 4 degrees cooler in livermore than 24 hours ago. 61 in san jose and 59 degrees to kick off the day in oakland. so this is what we're working with when it comes to the mt. diablo fire. 76 degrees, 24% humidity and wind is still rather strong, sustained at 13 miles per hour. out of the west. and we're getting gusts to about 20 miles per hour. let's talk about wind later on today. where you see the blue, 10-mile-per-hour sustained speeds at about 4:00 p.m. the winds are going to be relaxing today. we saw them pick up yesterday afternoon and that hampered the efforts of firefighters. they also shifted. as we head throughout the day that's a cool ocean breeze out of the west that means humidity levels come up. the temperatures are going to be hot. 90 degrees at 4:00 p.m.

15% humidity. we expect the winds to come out of the west-southwest from 10 to 15 miles per hour but down from the 20 to 25-mile-per-hour that we saw yesterday. that could be helpful for firefighters at least it will be more comfortable for them with temperatures dropping out by about 5 to 7 degrees from yesterday. still toasty in livermore. but you hit 101 yesterday so i'm sure that 93 is a welcome sight. 80 degrees for fremont. 86 in los gatos and comfortable out in san francisco for today's america's cup race. your seven-day outlook tells the story. temperatures are going to stay mild as we head throughout the next couple days. one more hot one, a brief warm-up, and then temperatures will level off. not too early to start thinking about the weekend. but you got to get to work and work for it first. anthony is here to help you. >> we have a sigalert, this is in the north bay, it's right at 80 and 12 where they connect. it's from fairfield to russell,

cordelia, to 80 and 12 where they split, 12 is actually closed because of the disabled bus so you can't actually get over. we have an alternate. we have down on 80 a little bit. a couple miles, over to terrace and up on 29 back to where you got to go through if you are moving to napa, or places up toward middleton, because again you can't get through 12 here right now. that sigalert has 12 closed. this is in the north bay from fairfield so you have to get to napa you notice once you get past this area, you are good to go. right now in the north bay 80 westbound is closed at the 12 connector due to a disabled bus. more coming up. back to you guys. >> thanks a lot. 5:48. a big deal here, the senate judiciary committee opening hearings that could lead to the federal legalization of marijuana. the timing here triggered by the announcement from the u.s. attorney general eric holder that federal authorities will no longer interfere with states pot

laws. some lawmakers say they hope for changes in federal banking allowing marijuana sellers to accept credit cards and checks. that would help prevent black market deals and cartel influence on marijuana sales. >> it's 5:49. the federal government is cracking down on dog breeders who sell puppies over the internet. dog owners who breed more than four females and sell puppies on line will be subject to the same oversight by whole sale animal breeders. under the new regulation on line breeders have to apply for licenses and be fed truly inspections. the rules come in response to a federal report that discovered grisly conditions at so called puppy mills across the country. >> released this morning rankings for the best colleges in all of america. apparently and really no shocker it's go to go ivy league with princeton taking top honors. all three of the top three are ivy league. harvard coming in behind

princeton on that "u.s. news and world report" list, yale checks in at 3. congratulations. the top ranked bay area university, stanford tied for fifth with the university of chicago. meantime, uc-berkeley also the top public school on this list, coming in at number 20 overall. for the record this list ranks colleges after looking at selectivity and retention and the graduation rates. >> wilshire boulevard and san jose. a new office complex in the works. >> we'll look at how the south bay is competing for twek san francisco and look to the big apple announcement.

good morning everybody. happy tuesday to you. we give you a live look over san jose. the lights glistening in the early morning dawn. no sunshine just yet but christina loren promises it will be here with warmer temperatures. it's 5:53. speaking of san jose we're getting a look at plans for the largest office project ever proposed in san jose. a real estate firm wants to build a 2&& million square fo complex on the city's north side that is along highway 101, brokaw road and north first street. city officials say up to 10,000 people can work in the ten proposed office buildings there, each would reach seven stories high. the project, check this, would cost an estimated $400 million. >> there are new campuses springing up. scott mcgrew, good news for commercial real estate. and good mcgrew news.

>> i think so too. after years of office buildings vacant in the south bay, we're seeing not just new construction as i drive around the south bay i see buildings being renovated. nearly torn down and made more modern. you have google and apple, building new mega campuses as well. good news for the south bay. for a few years it's been san francisco that's been jumping ahead attracting new tech companies. it's pretty much taken on that hip engineers want to live in the city. but city government in san francisco also has been working very hard to make the city attractive. and the south bay, frankly, has been caught flat footed. other news expect less hype perhaps from the apple event for 10:00 a.m. as jon was pointing out they are expected to be sort of new phones, perhaps we'll get a for sure release date on the new operating system as well. apple shares above 500. rumors, sell on the news, so if

the stock goes down the announcement not necessarily evidence that investors were disappointed. just what they do. markets, by the way, did well monday. got a strong open today, that block buster news out of syria, it says to give up its chemical weapons, a big factor as well. >> we're following all of the developments on that as well. >> 5:55 now. a big day for weather. always big here. should be warm, not as warm as yesterday but christina loren says lots of sunshine. >> lots of sunshine. that's exactly right good morning to you, jon and laura. good morning to you at home. kick off a tuesday with a live picture here. 5:55, the embarcadero, you can see we've got a bit of a foggy breeze. our cameras bouncing around with the wind picking up. we expect once the wind drops off for the fog to settle in. 72 degrees later on today in san francisco, it will be beautiful out there. 80 degrees in fremont and warm once you get in the tri-valley

area. 93 for livermore, and 90 in concord. we're going to talk about air quality coming up and how it could be impacted by the morgan fire coming up in my next report. a check on your drive. >> looking pretty good in the south bay, traffic is starting to pick up in san jose. this is where we had accident yesterday. no accidents here but just typical slow spot. we have a stall on the 880 southbound headed to the san mateo bridge. not on the camera itself but traffic is still getting around that with no problem. and off to the bay bridge, the metering lights have been turned on so you have been forewarned. >> thank you very much. 5:56. we continue to keep an eye on that fire burning on mt. diablo. firefighters about to give us an update on what has happened in the efforts to contain that fire. all the details next. >> also, the coroner on scene of an early morning apartment fire in berkeley.

christie smith is there on scene talking to people forced from their homes and will have a live report coming up. >> a live look at the embarcadero, firefighters investigating an early morning fire at the america's cup pavilion. arson investigators looking into the cause. [ maragno ] if the car was invented today, it would run on the most affordable energy source available. it would charge overnight. every morning, you'd wake up with a full tank, ready to go. if the car was invented today, it would be the 100% electric nissan leaf. with over 200 million gas-free miles driven and automatic hov lane access, the question isn't "why electric?" it's "why gas?" [ male announcer ] the 100% electric nissan leaf. nissan. innovation that excites.

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with our new, improved peanut butter chewy bars. breaking news. syria takes a deal. but will it put a possible stop to military strikes by the u.s.? we'll bring the breaking overnight news next. >> a man is now missing following a fire at an apartment building in berkeley. neighbors fearing the worst. we have new details as the coroner arrives on scene. >> triple the size but gaining ground. we'll share what firefighters are just now telling us about the out of control wild fire still burning on mt. diablo. >> we're going to see a cooler day.

winds will likely play a factor in the effort trying to knock the blaze down. we'll let you know about a cooler day ahead in your city and your full forecast. >> anthony slaughter in for mike inouye. the metering lights have been turned on at the bay bridge. we have accidents starting to pile up. we'll let you know what's happening. >> let's get you outside for a live bit of a foggy look at the embarcadero as we jump start your day here. hopefully your o.j. is going down smooth. maybe a danish as well on this tuesday, september 10. this is "today in the bay." i stand corrected. cinnabon. good morning. 6:00 on the nose. i'm jon kelley. >> i'm laura garcia-cannon. we have breaking news this morning, syria says it is agreeing to give up its stash