from two separate shootings right now. >> more legal troubles facing the 49ers. >> and the reason behind looming water rate hikes across the bay area. >> i'm christina loren. the thick fog is settling in. it will get worse before it gets better. rain is on the way, your full forecast in just moments. >> that fog is keeping you from seeing the freewaywincluding th east shore freeway. >> take it easy out there as you can see on the bay bridge toll plaza this morning, tuesday march 10th, this is "today in the bay." good tuesday morning. >> i'm laura garcia-cannon.

the man shot in the heart happened this morning. police are on the scene, and they continue to investigate, good morning. >> good morning, you mentioned that 22-year-old man was shot in the heart. he was also shot in the face and in the stomach. she in surgery as we speak. investigators still out here combing for evidence. police say that man was outside with two friends outside of their apartment about a quarter to four this morning. the two friends tell police that a small silver or grey sedan pulled up and the two man got out. they were completely dressed in black. they were wearing bandannas. the people were -- there was a confrontation, an argument during which one of the men pulled a gun and started firing.

our officers responded to the scene and found a 22-year-old male on the ground with injuries to his face and abdomen area. he was transported to the hospital, looks like he has suffered three injuries to the heart, face, and stomach. >> we saw officers looking for shell cases, other officers taking down license plates, and looking to see if there might be any home surveillance video that might show what happened during the confrontation. police say they don't know if the two groups of men how they knew each other, or if they did. when we have a better description, we will pass it on to you. it has been a busy night. police also involved in a pursuit of suspects that ended

in pleasanton, so they're working hard on more than one front. we can tell you again that victim is still in surgery at this hour. >> busy there. police are also investigating a separate shooting that happened around 9:30 last night just a few blocks south of downtown. one man is in serious condition at a local hospital. no one is in police custody at this time. this is the same intersection where a man was shot and killed on saturday morning. another man was injured in that shooting. they have not made an arrest in either case. >> first, aldon smith, then ray mcdonald, and now bruce miller. the 49ers starting full back is accused of domestic violence. rob redell is live at levi stadium this morning. >> good morning to you, the

49ers are led the nfl in player arrests since 2012. the late zest the arrest of bruce miller. he was put into custody just before midnight last thursday thursday. he has been released. no details other than what we know on the circumstances around his arrest. trent baalke released a statement that says we are disappointed to learn of these reports and we will do our due diligence in collecting information. >> with all of the bad publicity, you would think that maybe they would try a little better with all of the spotlight that has been on them. >> they received a lot of criticism for the way they allowed ray mcdonald to play in

the season. now the 49ers are back in that same spotlight. >> you might remember they arrested ray mcdom and aldon smith. mcdonald was investigating and never charged. he was later investigating again for sexual assault and no charging were filed in that case either. and aldon smith has had three felony gun charges. live here in santa clara. >> a rough series of events for that team, thank you, bob. >> it continues as it all comes as three veteran players prepare to leave the 49ers. frank gore is expected to make his departure official. early reports had him possibly signing with the eagles but now

it is looking like he might go to the colts. and patrick willis saying he will be retiring and says that it has been a pleasure. also justin smith on the brink of retirement. he has been contemplating the move for some time, but there are reports he may delay his retirement and play a lesser schedule for the 49ers this season. you can go to our website for the latest information and we're on facebook and twitter. >> a developing story, the santa clara sheriff's department tracking down accused child molester. investigators believe that carter broke into a nearby apartment complecomplex, change

clothes, and took off. shots were fired outs of highland hospital late last night. no one was hurt and there is no word on any arrests. >> police are investigating a deadly shooting on chestnut street just a block away from a high school. a woman died at the scene. a man and woman are in the hospital this morning. a santa clara valley water district will take it's first look at a new water rate hike today. they want to raise rates as much as 30% because of the drought. district officials say that people are conserving more during the drought because they're selling less water and losing out on millions. in the meantime, we might see a hiking up of the rain totals. a live look outside from downtown san jose.

>> christina, that is coming tomorrow but will it be a super soaker? >> no, but any rain is a good thing. i can tell you maybe up to a quarter of an inch. right now i'm focused on everyone getting to work safely this morning. the visibilities keep dropping off. please travel cautiously. it's not. >> justin: the -- it's not just low visibility spots. at the immediate coast and half moon bay, all the way down. we'll be tracking it for you all day long. traffic and weather, they go hand in hand. so he is coming up next and he will have a full update for you if that is impacting your way to work. temperatures this morning are looking good. we're at 51 degrees. fog settling in as it will g worse before it gets better.

the sun awill rise around 7:30. travel cautiously especially if you're taking little ones to school this morning. as you break for lunch, you won't need that jacket out doors, up to 75 in the south bay, and 61 for the bay. that is the high, looking really good. san francisco is still above average. low clouds will clear out and then we have rain on the way. we'll tell you how much you can expect where you live. some cities upwards of half an inch. right now as promised, mike. >> you see the low clouds in that shot. it impedes our view of the east shore freeway.

we have low clouds and fog in the areas shown in orange here. a huge factor will be eastbound 80. there was a big rig going down the east shore freeway, and the wood beams that were on the back of it were jostled loose and they were spilled across the lea lanes. so at least for a half hour, we'll have problems there. there is the orange also highlighted to the north bay and the upper east shore freeway. low clouds are drifting across your view. slow down those speeds. we have less reaction time to something like that spill. now south of there, we're showing a typical slowing.

heyward and south 880 shows slowing. it is no big surprise. the cross will still span. perhaps lower visibility from time to time. we have traffic flowing northbound to 101. you see the low clouds now drifting on to the free way. the big issue is berkeley where it is across the east shore freeway. >> thank you, mike. >> it is 6:11. up next, the new push to warn people about potential dangers o of drinking soda.

today's top stories.

police investigating a shooting this morning. a man was shot in the heart and the abdomen. another an was shot last night as well in a separate incident. there are no arrests in either shooting. 49ers bruce miller has been arrested. and the santa clara water district is considering raising water rates. time is running out to get your hands on last minute deals from macy's in coopertino. they will close their doors on sunday for good. macy's is closing 14 locations throughout the u.s. because of restructuring.

right now the woman at the center of a sex discrimination lawsuit takes the stand again today. >> yeah, she essentially has two cases against them running in parallel. one that chef was discriminated against, the other that she was sexually harassed by some of her superiors. the sexual harassment case seems to be holding up fairly well. today a private investigator told stories of a partner that showed up at her hotel room in only a bathrobe, or when he invited her to dinner with a client and the client didn't show up. the online news agency "the intercept" is reporting that government hackers figured out a way to get into your iphone. they're not making malicious apps. they have created a fake iphone

developers kit, and then developers use it to create legitimate programs. and on signer security, that got under played in the media. he said that apple would continue to work to keep government out of iphones. do you remember this fella at all? he was in the news a couple years ago. he took mark zuckerberg to court saying he helped create facebook. turns out he fabricated the evidence. it has disappeared and his ankle bracelet is still sitting in his living room, but he is not. happening today, san

francisco supervisor scott weiner plans to introduce legislation. it failed on last november's ballot. if it is approved it will appear on the 2016 ballot. also today, 2016 supervisors will vote on a city wide take back program. it could give people an easy and safe way to get rid of unused medication. >> the time right now is 6:17 on your tuesday morning. we will check your micro climate forecast. there is plenty of that to go around for everybody this morning. >> it is a little thicker than usual. we have a dense fog advisory

issued for much of the bay area. the fog is very dangerous. please give yourself ample time. you don't want to be sitting around the house sitting on the internet and having extra coffee. we're tracking some spots that we can only see for a quarter of a mile. the fog will burn off pretty a rapidly and temperatures will be nice. rounding out the day in the upper 60s to mid 70s. similar to where we ended up yesterday. the changes arrive as we go through were wednesday. a quarter inch of rain to the san jose area up and down the peninsula into the north bay.

all of that moisture will race off to tahoe where they really need that snow pack. that is a good sign as well. temperatures will drop off and we'll be in the mid 60s tomorrow, and climbing right back up into the 80s before rain returns to the forecast on sunday. we'll have more on that coming up in my next report. plus community day. you can get free admission at a couple spots. i like to keep you updated to what is going on. here is mike to help you out. >> we're talking about the community that drives towards the bay bridge. this is a huge issue. first the view. our rooftop camera, you can barely see the roadway and i can't see much farther. i can't see university in is why there is additional concern. westbound 80 coming through this area is orange with hatchy dense fog. heading to the bay bridge where the metering lights are on.

it is slowing with your right two lanes blocked because of spilled lumber. possibly your left three lanes is getting by, but there are more distractions. past golden gate field all of the way to university field and quickly building as this is the time when that portion of the president obama will build up to the east shore freeway. that will will a huge factor for that portion of the north shore freeway. we're having trouble seeing the reads. we're can just see a little of the s curve there. right now we can only see a c. that visibility is below a c as well. the res of the south bay bridge, moving slowly. there is the tri valley.

it is building into union city. nothing up usual about that drive. northbound route, coming into san jose. farther south in gilroy. if you're going south, you will get through those passes as well. >> time right now is 6:21. a major change for the future of tomorrowland. >> and a tiny fish with a big impact. let's just say -- hey! we're going to have reports for you as the season kicks off in just a few weeks. but we'll have your look at the roadways with mike after this.

welcome back, everyone. it is 6:24. concerns after another electronic cigarette explodes. he says the device started humming and then blew up. the bed also caught fire.

officials say it was modified but they didn't say hau. this is the third report of it happening in just the last month. >> california could soon be the first state in the country to force all bicyclists to wear helmets. bike riders would be fines $25 if they didn't have the proper headgear. a tiny fish is hurting the plans to blow up an old span of this bridge. caltrans says they're coming up with ways to protect the bridge. >> disneyland is keeping tight lipped about the future of tomorrowland. >> the theme park will close their inno i guess vvations and

exhibitions hall. there is speculation another star wars attraction or something to do can marvel comics could take it's place. take a look at this. >> this is my best ballet move. >> this is my best ballet move -- >> this is now video created for the ballet fundraising drive featuring local tech ceos showing off their moves. so far, it is about halfway to that goal. >>. >> pretty good form on display there. we're going to look at early numbers. >> and the g.o.p. side

temperatures the president and contacts iran directly about nuclear negotiations. ♪shining, shimmering, splendid ♪tell me, princess, now when did♪ ♪you last let your heart decide♪ ♪a whole new world welcome to aulani, travel and leisure winner for top family hotel in the u.s. for special offers, visit disneyaulani.com or call your travel agent.

chilling testimony in the trial of the accused boston bomber. and changes in your forecast. low clouds making their way, and

we'll see showers. >> low clouds making it tough to see some incidents like on the east shore free way. >> jim cramer is celebrating ten years of "mad money." let's go to the nasdaq as well as business gets under way. >> madness on the stock exchange, calmness on the golden gate bridge. you're watching "today in the bay." from nbc bay area, this is "today in the bay." >> good tuesday morning to you, i'm laura garcia-cannon. >> vice president joe biden is calling it a dangerous mistake. republicans went around the president and took their maeszage straight to iran. tracey potts is live in

washington dc, could this impact negotiations? >> overnight, vice president biden released a saying they were trying to circumvent the obama administration and the constitution. the author of the letter, a freshman republican, and the 46 l lawmakers that signed it with him says they're trying to prevent iran from getting a nuclear weapon. they say whatever deal they work out with the obama at min strags will only last for the obama administration. that the next president could get rid of it. that congress can make changes and the state department denies that is true. there is concern during these sensitive negotiations, and they're right between sessions right now that this could have an effect. but they consider the letter

pr propaganda. >> tracy potts, washington dc, thank you so much. and the senate will take up the issue of medical marijuana today. they aim to reclassify marijuana under federal law. if it is reclassified, it will be recognized for it's medical benefit. kristin gillibrand will one part of the mission. the secret service will be testing drones to look for other unauthorized drones and knock them out of the sky. courtroom testimony shows that the boston bomber went about his day just minutes after

the deadly crash. they say the video shows tsarnaev shopping for milk. prosecutors say later that night he hung out and partied with friends. a desperate cry for help. blood supplies are running low. in the past two months they canceled blood drives in 27 states. it is 6:33 right now, time to check that microclimate forecast as we take a look outside of san jose. you see the haze out there, there is a dense fog advisory out there. >> pretty thick out there this morning. good morning laura and sam. everybody at home.

really watching for that thick fog in the next couple hours. we'll keep you updated. i want to show you a live picture of the golden gate bridge. you can see the fog drifting around most of our cameras that are inland. you can't see anything. please take it easy out there. travel cautiously, get a jacket for the first part of the day and you can ditch it later on. here is the deal, low clouds cleared by 11:00 a.m. there is a storm system brewing and getting closer to the bay area. we will get more activity tonight and in the north bay. if you want to get outdoors today, it could be lovely for you to do so. a couple spots in the 60s. i promised you some community events.

it is curiodyssey community day today. we like to tell you when there is free admission, maybe you have the day off. also the san francisco botanical garden free admission today. the magnolias are in full bloom. we're about a week away from the official kick off of spring at this point. stick around if you can, if not, mike will help you get out that front door. you will need to leave a little early. so just get these debt tatails then get going. we can't see the east shore freeway from here, you can't really see it. down on the approach. the headlights and light volume here.

the approach coming out of rich monday. it is slammed down to a crawl because of one lane blocked. a semitruck has had a spill and there is a lit of a jam up. that frontage road on the left side of the freeway also blocked. you need to use the east shore freeway, that is your alternate. meanwhile, the orange highlighting, we have low clouds and fog throughout the area. the trivalley. they are slowly moving southbound creating a typical pattern. a fender sender in san may dteo out of the way. and low clouds hoovering around

the roadway. highway one is of course a concern. >> it easy out there. 6:36, the markets have been opened for a few minutes now. >> let's go to scott mcgrew, are they tumbling? >> yes, they are. we talked about the european central bank going to have quantitative easing. that is what you're seeing on the market because today is european central bank day. the nass dak giving back all of the progress they made yesterday. reports this morning that apple just committed $50 million to organizations that will help minority women in tech in education and finding a job. apple will set up a recruiting pipeline between it and historically black colleges and universities. intel said they would promote

women in their company. >> the kind of trend you like to see. 6:37 right now. the u.s. ambassador of south korea is out of the hospital.

all new this morning, u.s. ambassador mark lipert is out of the hospital and says he is

fine. he says he will not change his open profile. the man who attacked lippert faces attempted murder charges. a helicopter crash has killed two french opinions. fox set an record in 400 meter. no word yet on the cause of that crash. the time right now is 6:41. coming up next a update to breaking news. san jose police are investigating two shootings a few hours apart. and more trouble facing one of the 49ers clear players. we have fog taking over large

areas this morning. we'll be back with more after this break.

now 15 minutes of continuous news. a update to breaking news. a man shot in the heart and two masked gunmen on the run in san jose. all it it happens just hours ago. >> kris sanchez is live on the scene. can you tell us about the status of the victim? >> we can tell you that victim you mentioned was shot at least once, in fact he was shot three times. once in the face. once in the heart, and once in the stomach and these are life

threatening injuries. a 22-year-old, he was sitting on a bench outside of his apartment with two friends this morning around 3:45 this morning. a small silver sedan pulled up and two men got out dressed head to toe in black and they were areaing bandannas on their faces. they were likely trying to c conceal their identities. there was a confrontation and one man pulled a gun and shot that victim. >> one 22-year-old male adult was found on the ground with injuries to his face and abdomen area. that person was transported to the hospital. that person is in surgery at this point, it looks like he suffered three gunshot wounds.

one to the heart, one to the abdomen, and one to the face. >> police are still gathering evidence at this hour, talking with witnesses, and this is a high density hoursing area. they're also looking to see if there might be home surveillance video. police say at this point they don't know how or if those two parties knew each other and they don't have a specific description. if that changes we will bring that to you live. we asked police if this is a trouble zone for them and they say they don't get a lot of calls out here, especially for shootings. a busy two hours for san jose police who had a sprat shooting around 9:30 last night. one man is in serious condition at a local hospital and no one is in police custody at this

time. it is the same intersection where a man was shot and killed on sat morning. police have not made any arrests in either case. >> it is 6:46 right now. maybe you're still sleeping in in bed, a live look outside at the golden gate bridge. we have noticed advisories. >> good morning to you. the time now is 6:47. it is pretty mild out there, and that fog could make for a tough drive to work. we have a quarter mile visibility in concord. we're down to a quarter mile of viz about. once you get to san jose, we're talking about low clouds kicking off your morning, let me show you is to come.

a great looking afternoon. we round out the day in the upper 60s to mid 70s. a little cloud cover and that will be the weather story. we will really notice. tomorrow i want to show you your futurecast, just find your location on the map. we'll talk about when the widespread activity moves in, wednesday at 11:00 a.m., the showers will kick in and that will continue to about 4:00 p.m. all of that moisture racing right over the sierra, nevada. we could measure half an inch of snowfall and that is not our only opportunity. let me walk you through the next five days, today you can probably ditch that jacket by about noon all the way until

4:00 p.m. as we get into tomorrow you will probably need that jacket. then we hit the 80s in some spots as we get into your saturday with a cooler sunday headed your way and that includes that chance for showers. that looks like the north bay is still days out so we will keep tabs on that for you. we don't want anyone to cancel weekend plans just yet. we'll let you know how things shape up as we analyze the data. mike is always analyzing changing data. >> yeah, this is the bay bridge toll plaza. there is a different pattern on the approach. let me show you the map, here is what's going on. the approach from 580 and 224. lighter traffic because of all of these folks held up right there westbound 80 in the low cloud and fog area. we have your far right lanes

blocked by a rig that lost lumber on to the roadway. so eastbound 80 is an alternate for folks usually using the frontage road. so you're all jammed up. they need a tow truck. they have to remove all of the lumber that spilled in the morning commute. still moving slowly but lower visibility from time to time. we show you the drive down 880, but look at your live shot here as we look westbound. it is really jamming up. here is the brunt of that commute. it may be tougher to see across that high-rise right there. back to your map and showing you a smooth drive.

92 and 84, there is no drama right now. the 101 will see that burst of traffic. a crash over there, just over off to the shoulder. another crash around saratoga avenue, but nothing dramatic for san jose or the silicon valley. back to you. thank you, mike. 6:51. police are investigating after dozens of shots were feared outside of highland hospital. as much as 30 shots were fires late last night. no one is hurt and there is no word on any arrests. oakland police also investigating chestnut street. one woman died at the scene. a man and teenager boy are in the hospital this morning, no word yet on a motive or suspects. the santa clara police department is forming a

multiagency task force to track down an alleged sex offender. investigators believe that carter broke into a nearby apartment complex, changed clothes, and left before investigators arrived. he has a tattoo that say amy on the left side of his nec. >> bruce miller is now in legal trouble. r bob redell is at levi stadium this morning. >> he is the 11th arrest since 2012. police took him into custody on thursday night on alleged spousal abuse. he has been released from jail. it will be up to the district attorney to charge miller with a

crime. it is still serious, and it could call for up to a year in jail. >> what i don't understand is any man, nfl football player or not, thinking that it is a private matter. that women are not going to eventually, or significant other, say that is it, i've had it, enough. and laura as you mentioned, the team not making such of a comment. trent baalke released a very brief statement saying we were disappointed to learn of these reports. the 49ers lead the nfl in the number of arrests since 24012. some of the more note able players is aldon smith who has had three felony gun charges knocked down to misdemeanors, and ray mcdonald. never charged, and in december,

the 49ers released him after police investigated him again for sexual assault. reporting live here in santa clara. "today in the bay." so much activity with that team. this all comes as three veteran players for the niners preparing to leave. this morning, frank gore expecting to make his departure official leaving the team through free agency. earlier reports had him signing with the eagles, but now there are rumors he may sign with the colts. in a statement last night, willis said in part "i thank you guys for everything, it's been an absolute pleasure. i look forward to the continuation of my journey." and justin smith on the brink of retirement. he has been contemplating the move for some time. he may delay his retirement and

play a lighter schedule for the team later this season. also, continuously updating our facebook and twitter. in the news this morning, another year before the criminal trial starts in the deadly san brew know pipeline explosion. a judge scheduled a trial to start in march of 2016. pg&e will face a fine up to $1.1 billion if they are convicted of the charges. news in the bay area happening today. legislatures with a plan to take on the soda industry. >> we are live in fran this morning with the pros, cons, and the controversy. good morning, laura and sam. they have taken on the industry before, but the initiative

failed last november getting 55% of the votes, falling short of the two thirds it needed. however, that showed that there was enough support. so he is introducing new legislation today requiring labels on new ads for sugary drinks. this would apply to anything on city -- they will face a fine of $1,000 if after 30 days they fail to take down advertisements without the warning labels on them. the state beverage industry group says that the legislation demonizes the soda industry and oversimplifies a apply cased finish. if they are approved, they will

be only need 26 on the ballot. >> also a controversy right now is e-mailgate. they are getting from sources and expected to address the controversy today. >> many people will be curious what he she has to say. >> that's right they want her to talk about this, she allow it'd to go too far without speaking to it. clinton is said to have used a private e-mail act to conduct state business while secretary of state. plenty of people are debating it. why did she do that if she was assigned an e-mail she was supposed to use. two, the serving was running from her house. how secure was it physically and

electronically. for the second question, the one about the house, the associated press says the server was in the house. the box that add the e-mails -- clintons have not confirmed that. if was on a server farm somewhere, that would be a huge problem. the most important diplomat in the world cannot have e-mails sitting out. where was that server? >> we'll hear a lot of hard questions. >> a check of today's top stories for you on this tuesday morning. this morning one man was shot and he could die. one man was also shot just south of downtown who could also perish. police have arrested 49ers

bruce miller on charges of dmes tick violence. they're still collecting information in that case. >> the santa clara water district will talk about raising rates as much as 30%. they're actually selling less water and losing out on millions of dollars. >> yes, we'll have that radar activated at this time tomorrow, but we're tracking really thick fog out there and temperatures are not so bad, but you want to pull out a nice jacket and keep yourself warm before you get in your car. as you head through noon today, mid to upper 60s and we'll finish in the 70s. >> the fog making fur a tough commute. >> yes, the fog in orange on our map, the red is slow driving. we still have that right lane blocked by that lumber truck. fog for the north bay, the rest of the commute is pretty standard so far today. a live look at the san mateo

bridge, look at that. it is kicking in across the peninsula side. >> thank you very much. that is what is happening right now. we're back in 25 minutes with a live local news update. ♪ good morning. was it a pattern? new allegations against the oklahoma fraternity shut down over that racist chant. claims surfacing it wasn't the first time as its members are told to move out by midnight new this morning, facing t fire, hillarclinton just announcing she will publicly address her email scandal at a news conference today. can she quiet the storm? breaking overnight, the u. ambassador to south korea out the hospital and talking about that frightening knife attack. >> i feel pretty darn good all things considered. >> will the state department n