a puppy severely injured and found in a bay area dump, now the search is on for the person who hurt the dog. the latest on the investigation next. >> plus, days after fining pg&e hundreds of thousands for failure to monitor a gas pipe line the public utilities commission returns the check. we'll tell you what's behind the refund next. >> it's bittersweet. >> fans and players reminisce. the 49ers get ready to play their final regular season game at the stick. >> taking a live look outside now. you can see looking like a good start to this monday, december 23rd. this is "today in the bay."

good morning to you. it's 4:30. i'm peggy bunker. >> i'm laura garcia-cannon. lots to get to. guess who is in. anthony slaughter in for christina. good morning. >> happy holidays to you guys. we're looking at clear skies as we get into the final week of december. we don't have fog to track as we look at any of our area bridges, you can see from the east bay looking out toward san francisco, very illuminated still because the fog not here. we're going to see a clear day. temperatures today similar to where they were yesterday. we're in the 40s across the board with a few upper 30s especially like the north bay and east bay. by this afternoon sunshine continues, the warmest locations back to the east and the north bay. really picture perfect conditions from 65 in san francisco, close to 70 in the north bay. you can't complain with temperatures like this in december. of course the roadways not too bad. let's toss to mike inouye. >> good morning. the weather is great.

the only thing to complain about it's not even 4:32 yet. almost. looking to the north bay, light volume of traffic. this is a holiday week and a lot of folks, businesses, have shut down. we'll expect a light flow. we look at the map, we had an earlier crash which cleared. that was north 101 through novato. down from 37 over even the richmond/san rafael bridge. back to you. >> thank you so much. breaking news this morning, police in san francisco investigating an early morning shooting in the neighborhood that sent a man to the hospital. it happened before 2:00 between first and second streets near the off ramp from the bay bridge. police will not release information about the suspect or the victim this early into the investigation. but we do know the victim was shot in the stomach. police say he's in critical condition and is not cooperating

with investigators. >> investigators are looking for the person who toss add severely injured 10 week old puppy in the trash. the dog was found on a conveyor belt at the dump on friday. the city's animal care and control took the tiny poodle in and nicknamed her gem. she was found 18 truck of recyclables. officials say she was conscious and alert but injured. >> she has bite wounds and just wounds on her neck and the back of her head that you know, were consistent with another animal. and her legs. >> vets say the pup suffered most injuries before she was thrown away. they are asking for help finding her owners. coming up we'll hear more about gem and what is next for the healing puppy. >> a temporary restraining order keeping 13-year-old gentleman high mcmath on a vent later expires today a. judge is expected to appoint an independent doctor to evaluate

her condition. she had konsle surgery two weeks ago but suffered complications and was ultimately declared brain dead days later. she has been on the ventilator and her family fought to prevent the hospital from removing life support. last night a group sent a letter to the d.a.'s office demanding a formal investigation of the hospital, also accusing doctors and administrators of being insensitive to her family. >> whether he or she be a doctor or any position in the hospital, saying she's dead, she's dead, she's dead, i believe and we want the court to say no, no, no, it represents a lack of sensitivity. >> a hospital spokesman denies those words were ever spoken but doctors did make it clear in their opinion jahi is dead and no chance her brain will restart. the family is planning a march and rally at 10:00 this morning.

>> the state public utility commission already fined pg&e more than a quarter million dollars has given the company its money back. the "san francisco chronicle" reports that the cpuc returned the fine so it could try to impose a bigger fine down the road. the original fine was imposed after an audit determined that pg&e had not monitored the san bruno pipe line closely enough. the commission determined that did play a role in the 2010 explosion that killed eight people. but the attorney warned that the early fine could prevent regulators from imposing a larger fine for other issuings related to the disaster. the other could be as large as $2.5 billion. >> with a move to san jose still in limbo, wolf is planning to meet with a southern california company to talk about plans for the oakland coliseum city project. that's a development that would build new stadiuming for the a's

and raiders and include retail space and housing. major league baseball has not knicksed the a's move to san jose but a recent letter indicates the move would not be approved. >> saying good-bye to candlestick park. a big day today. as the 49ers are hours from playing their final regular season game at the stick. >> yeah, the park filled with a lot of memories. some good, some bad. you know, candle stick is where the beatles played their final concert in 1966. >> and the stick played host to the leader of the catholic church, pope john paul ii held a mass there. >> and it was host to one of the mem yabl world series games when northern california hit by its biggest earthquake since 1906. the cheering was so loud it took a moment to realize they experienced a 6.9 trembler.

in the crowd joe montana says for all of his success on the field that night was actually his most memorable experience in the park. >> actually was there for the world series when the earthquake happened. we felt the earthquake and lights went out. my wife was going we got to go. i'm going no, no, we got to stay. it was hours and hours. >> what a time. montana says he will not be there for the final regular season game at candle stick, he was in louisiana over the weekend to watch his son play in the new orleans bowl. he will, however, be watching the game on tv. like so many of us. >> bittersweet for fans. most will watch on tv but there are tens of thousands of lucky fan who is have tickets to the game. >> what is likely the final game at the stick. opening early at 1:30 p.m. the stadium will open at 2:00. the game starts at 5:30.

fans are encouraged to ride the shuttle or carpool. park security will be tight. they will be making sure everyone is celebrating responsibly. inside there will be undercover officers in atlanta falcons jersey to deter fan taunting. others will keep an eye to make sure no one tries to take a piece of the stadium home with them. memorabilia. >> you hear about that. we'll be talking about this being the final regular season game at candlestick because there is still a chance there could be a postseason game. >> it's unlike think 49ers still have a slight chance which could mean at least one more playoff game so we'll have to see. 49ers fans have the arizona cardinals to thank for that. late yesterday the cardinals up by 7 over the seahawks. seahawks quarterback russell wilson tried to even things up, threw an interception. arizona won 17-10. >> even with that loss seattle still holds the top spot in the

nfc west but the niners are right behind f. they win tonight and sunday against arizona, and the seahawks lose to st. louis, then the 49ers would win the division and likely one more game at candle stick. >> if the 49ers end up as a wild card there is one more possibility, we're talking long shot. if the oth team advance to the championship game t niners would have the best record meaning they would get to host the championship game. >> a lot of people hoping for that. which would be nice to see one more game. we have more to say on this farewell to the sticks. we'll be live at the park plus get your details on our website that's nbcbayarea.com. search candlestick. >> farewell to the stick. hello, anthony slaughter. >> good morning. lots of good information there. we want to give you your forecast if you are planning to head out to candlestick later on. 3:00 we'll see sunshine, 60 degrees and san francisco and temperatures falling off back to near 51 by 10:00, a light jacket

needed but not bad. no fog to talk about. let's get you to the rest of the area. the south bay low 40s by 9:00. 63 by noon. similar to where we were yesterday at this time. peninsula looking at mid-40s to start. low 60s by noon with clear skies and that goes the same for san francisco. near 60 by noon and really everywhere you go, comfortable conditions. unfortunate thing is we're in unhealthy air quality. today is another spare the air alert day. we'll see that continue as we head through christmas. let's show you what's happening across the country the you are traveling. we have showers through the pacific northwest toward seattle, rain, snow showers up toward the higher elevations and really out toward the east coast where we're going to find most of our travel delays, really from new york city, boston down toward washington, d.c. even parts of georgia, atlanta and eventually showers in florida. those will be the travel trouble

spots. we don't have delays to report even with the active weather across the east coast. 61 and washington, d.c., new york city at 54. even chicago we're looking at snow. it's going to be cold, 22 degrees. make sure you're bundled up if you are headed to o'hare. looking good across the bay area. let's talk about other travel concerns. mike's in with traffic. >> we'll handle the local stuff. you handle the flying stuff. i'll send you a picture of sunny skies to my cousins in chicago. 880 with the headlights in fremont fast truck scales, an easy light drive and the map shows the same thing, the speed sensors t yellow, goodness i'm ahead of myself. 880, closed down toward mission boulevard. we have road crews going on. now you can't access but you might be slowed by the crews 680 and 880. the tri-valley, 580 is your commute direction out of the livermore valley no. problems for the dublin interchange. a crash on altamont pass road has things slow but on 580 out

of the altamont pass you're fine. no problems or on the peninsula for 101 through palo alto. >> thanks a lot. 4:42. the mega deal expected to bring a boost for apple stocks. >> the target security breach continues to plague shoppers. some banks are going to extreme measures to keep your money safe. that has everyone upset. >> and looking for answers, after a plane's wing slices through a building.

welcome back everyone. 4:45 now. you know that today may be the last regular season game for the 49ers at candlestick but more than football made it special. in august of 1966, i told you earlier the beatles played their final concert together. as a fitting tribute to the end sir paul mccartney is in talks with the city of san francisco to play a farewell concert. he floated the idea just before his performance at the outside land festival in august. the city hopes to make it happen. >> that would be great. utah same sex battle.

friday a judge ruled a constitutional amendment approved by utah voters in 2004 is unconstitutional. the ruling made same-sex marriage immediately legal in utah with an estimated 100 marriage licenses issued. the same judge will consider a request from the state to stay his own ruling during the appeals process. this comes after a federal appeals court yesterday rejected an emergency request from the state. >> today is the last day to apply for health insurance for coverage set to begin the first of the year. the deadline was set for december 15 but was extended last month. president obama says more than a million people signed up for coverage through healthcare.gov. if you have adequate health insurance you do not have to sign up. people who do not have insurance next year may have to pay a fee. >> signed, sealed and delivered, apple finish add deal that will make investors happy. the company signed on with the largest phone carrier, china

mobi mobile. customers can start registering for phones on christmas day. the deal gives apple access to more than 750 million accounts. >> is the security breach that impacted customers has shoppers angry. that's hurting the company's bottom line. jackie is live with a look at the fallout and the effort banks are taking in the wake of this breach. good morning. >> that's right. good morning, laura. certainly more fallout from this data breach at target. a big news story. retail cowl tants, groups estimating that transactions at target fell 3% to 4%, the final weekend before christmas last year. target offering a 10% discount to all customers in an effort to limit the damage. banks are taking steps to contain some of the potential losses as well.

daily spending limits on debit cards, that was between black friday and december 17. citigroup may reissue cards if it sees suspicious activity. at least three class action suits have been filed against target. and meantime, futures higher this morning as the market comes off a strong week, we saw stocks rallying after the fed decided it would start to cut back on its economic stimulus programs. the dow and s&p 500 hitting new highs on the news. the quieter day and week ahead as we head into the christmas holiday. data today on personal income and spending, also consumer sentiment. the dow 42 points on fry to 16,221 t nasdaq up 47 to 4105. back to you. >> have a great holiday if we don't see you. >> checking in now on the forecast and seeing how things are shaping up we have some air issues. >> we do. today is a spare the air day so you want to make sure if you are

going to be hanging out by the fireplace be advised do not do wood burning across the bay area. you can find that seven-day forecast scrolling at the bottom of the screen. right now we're looking outside, clear skies, no fog to talk about. and high pressure that's going to be with us really for the upcoming week so that's why we have the spare the air alert that goes into effect today. you'll find across the south bay today, temperatures warm, near 70 degrees in morgan hill, 68 in san jose. palo alto near 66, foster city 65, in san francisco comfortable today, low 60s across that location. north bay, east bay and tri-valley, a mix of mid to upper 60s. can't complain with temperatures like this. we're used to being 10 degrees cooler this time of year. we had a cold front a couple days ago that is off across the east coast, brought a bunch of rain and snow and mix of ice across parts of the maine you can see our next storm system

starting to make its way but for us at home we're not going to see a bunch of active weather. high pressure will remain in control, really for the next week or so. and this is going to mean lots of stagnant air, a bunch of particulates pushed down to the surface, that's what you get high pressure, so really the spare the air alert day goes into effect, and i'm pretty sure we'll see this last all the way through christmas, in fact, the south bay the worst today, and through this week, notice every single day we're going to be looking at the potential for sparing the air all the way through this weekend. so unfortunately, if you have the respiratory ailments you want to limit your time outdoors. it's hard to stay in with temperatures that are close to 70 degrees. take advantage if you can. back to you ladies. >> absolutely. thanks so much. fire officials in los angeles are trying to find a better way to help people during mass shooting. the l.a. times reports the fire department wants paramedics and firefighters protected by armed

police officers and enter areas there that -- where there might be an active shooter in order to treat victims sooner. the shooting at l.a.x. accelerated plans. the paper reports that rescuers had to wait 15 minutes before they were told it was safe to get to victims. >> former nfl player aaron hernandez is expected back in court today. the former new england patriot is charged with murder in the june shooting death of semipro player odin lloyd. he was dating the sister of hernandez' girlfriend at the time. hernandez has pleaded not guilty. last week "the boston globe" reported that a judge put a hold on hernandez' home pending the outcome of a civil suit brought on against -- brought on by him by lloyd's family. investigators are trying to figure out how a plane sliced through a building in south africa. it happened in the middle of the night. one passenger on the british airways flight sweeted out this

photo yesterday. the plane was about to take off when it slammed into a building near the runway in johannesburg. the airline says all 189 passengers got off the plane safely. they are spending the night at a nearby hotel. >> 4:52. a little too much time on their hands and holiday spirit, we're going to show you what some bored i.t. guys came up with. >> nothing out of the ordinary. hopefully we'll see it but the story behind it will have you smiling. we'll explain it and show it next. >> that looked like nothing i've seen. looking to the bay bridge a smooth drive. the road crews working overnight. folks have to get to work so we'll get your commute.

welcome back. we talked a lot about the candlestick farewell. did you see this. >> center brad mester announced he was planning on retiring so get this t team gave him the best send-off. during the final home game they threw the 14-year veteran a pass. his first reception in 208 career games. all of them in the team box applauding, clapping you can imagine. the center by the way, gained nine yards on that play. >> that's cool. we're going to toss it to mike. what are you going to do with that? >> drop it.

like in high school. looking here, i never made the team, 101, we do have an easy drive right now. this is 101 at 680. as we look at the map we have dramatic news the last couple minutes a. crash north 101, at brokaw reports the off ram dropped by debris. the rig sounds like the latest is that it's on its wheels so it didn't turn over. but there may be a slight leak there so watch the brokaw exit, there may be slowing. we'll track that. over the water the dumbarton and san mateo bridges, the foster city size, easy approach. back to you. >> thanks so much. everyone knows the grinch but one office in canada has stole at any show. this is a winning entry in an office decorating contest. they put creativity on display making a picture of the grinch using post-it notes.

amazing. how many? about 900 of those. it took a crew about six hours. i say that's impressive. >> six hours on the job. making art out of post-its. >> getting paid. >> well done though. everybody getting into the holiday spirit including our own bob redell. we'll go live to the north pole to check in with bob, possibly santa. >> always fun. a fond farewell to candle stick. ready to say good-bye to the home of so many memories tonight.

>> don't have to hear more talk about steve young getting to the super bowl. now he'll have to win one. >> wrapping up about 50 years of history. the 49ers and their fans get ready to say good-bye to candlestick park. we'll take you live inside the stadium. >> we'll take you north, way north, to the north pole to

check in on santa. bob redell, keeping an eye on things there. >> and anthony slaughter in for christina loren. lots of 60s across the board. plenty of sun. we're sparing the air. we'll fill you in. >> we're looking to the south where there is an easy light volume of traffic but a new crash voxing a big rig. there may abtraffic break going on. i'll get the update and give it to you coming up. >> sounds good. a live look outside on this monday, december 23rd. that's right, two shopping days left until christmas. this is "today in the bay." >> a very good morning to you. thanks for joining us. i'm laura garcia-cannon. >> and i'm peggy bunker as we celebrate the end of the stick everybody talking about this, tonight we check in with the san francisco 49ers, they are going to play their final regular season home game. and also playing that at