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as far as the suspects db its witness told police that it is an african-american male in his mid 20s, approximately 6 feet

tall, weighing between 180 and 200 pounds. there is a little more to the description, he was wearing a red shirt and dark pants. again, limited description on the victim of this, limited description of the suspect in this, limited description of the car at this point. we are going to press oakland police a little more and see if we can get some more information on this. as you can see at this early hour it's a very sleepy, very quiet neighborhood. there are no police cruisers that we see in this neighborhood at the moment, but we will be following up on this as the morning progresses. reporting live in the oakland hills, i'm chuck cope larks "today in the bay." new this morning, a homicide investigation underway right now in san jose after san jose police say a man was stabbed last night. police say it happened in the area of story and center roads around 10:00. when officers arrived at the found a man suffering from a stab wound. he was pronounced dead at the scene. right now san jose police say they don't have a motive or any suspects. clausing arguments expected to begin this week in a trial of

two teens accused of killing a paramedic in oakland more than two years ago. quinn bowyer was shot and killed in the oakland hills. the alleged gunman christian burton was just 167 at the time of the murder. now he and 17-year-old david mckneel are standing trial. prosecutors say the killing was part of a two-day crime spree by a group of teens that included carjackings, robberies and two shootings. defense lawyers say there's lack of evidence to prove who was the shooter. a violent confrontation between a driver and critical mass bicyclist and it's all caught on camera. >> hey. he hey. >> that video posted to youtube on friday night after san francisco's monthly critical mass bike ride. it appears to show the driver of a zip car nudging that cyclist who starts yelling at the driver. a small crowd quickly blocks all

traffic as the woman drives away and a woman with a bike lock lashes out, striking the car. police are look for the driver and cyclist as city leaders call for consequences. regular cyclists is a says that behavior of one should not reflect all cyclists. >> i don't think that one person who acted out aggressively can be a representation for all of the people who ride bikes. >> that confrontation came as bike advocates call for a new bike friendly rule called the idaho stop, that's when bicyclists are basically allowed to roll through stop signs when it's safe. new this morning, an oakland bound amtrak train hit someone's car last night snoking the train off the tracks. it happened in pittsburg at love ridge road and highway 4 about 9:00 last night. no one was hurt but there was about an hour delay as police investigated. officers are trying to figure out how the car got stuck on the tracks. >> school is back in session but so is a serious health

warning at cal. a student tested positive for the measles. the student is in isolation but the city of berkeley is warning about exposure to the community. the student spent a lot of time on the cal campus, he or she also rode the ac transit bus 25 a last monday. measles can linger in the air for up to two hours, the risk is very low to those who already have the vaccination. want to check the forecast with meteorologist kari hall. kind of a nice day ahead. >> yeah, it will be a very nice day, kind of like yesterday, our temperatures staying about the same. it is now 61 degrees in livermore, san francisco 60 degrees and santa rosa wakes up to 55 degrees t will be another warm one, especially inland as our highs top out in the mid 80s. gilroy 88 degrees and in the low 70s in san francisco, santa rosa 86 degrees and hayward 77, pleasanton expect a high of 88 degrees. let's a look at that morning

commute. a pleasant look by the oakland coliseum traffic flows very smoothly. this is a light flow for oakland. we will look out to the map. we are mark that go same area because after work 7:05. there is a game, playing the angels for the a's. we're talking about meshing lease eastbound 80 all the activity is over off to the shoulder as you're passing by highway 4. no slowing for that maze or the approach. a new crash popped up west 237 right around lawrence expressway, i will follow up with that. back to you. coming up next, the family of a woman killed along san francisco's pier 14 wants justice. who they say is responsible for taking their daughter's life. more on the announcement expected today. =am/hot thfamymeersf ke sinlm

happening later today, the family members of kate steinle moving forward with their fight for justice. they want several agencies in the bay area to be held accountable for their daughter's death. >> "today in the bay" bob redell live in our san francisco newsroom with what they are expected to announce today. good morning, bob. >> reporter: the steinle family believes that the system failed them and their daughter so at 11:00 a.m. this morning on the steps of city hall kate steinle's parents, her brother, along with her lawyers will announce that they are filing a claim against three government agencies, namely the sheriff's office of san francisco, i.c.e. and the bureau of land management since it was their

agent's stolen gun that was used to kill kate steinle this past july as she walked with her father down pier 14 in service. the steinle family wants to hold those agencies accountable for their daughter's death. >> the basis of the steinle claim is that the federal government, the state government and the federal agent whose gun was used in killing kate steinle all dropped the ball and kate steinle would still be alive if those governmental entities had followed their own rules. >> everybody can't keep just rolling over and saying, yeah, this is the way it is. it isn't the way that it has to be. we've got to stand up and be counted and say, we're mad as hell and we are not going to take it anymore. >> francisco sanchez who is an undocumented immigrant and five time dpor tee has been arrest rested in kate steinle's death, the courts are trying to decide if there is enough evidence to make those charges stick. the sheriff's department and

i.c.e. say that they cannot comment on pending litigation. reporting live in the san francisco newsroom, bob redell, "today in the bay." >> we will be keeping close tabs on that. it is 4:41. coming up, healthy happy meals, the bill that could forever change fast food across the nation.

we talk a lot about the dog days of summer. it's over. that's it. >> really? >> september 1rs. once august is over, now the heat is all gone.

>> metrological fall, yes, but do you know what, it is still going to be hot this weekend. i don't think we can completely say we're done with the summer and the hot temperatures. as we take a look at what's happening out there we see mostly clear skies to start out the morning as we get a view of the bay bridge and into the morning i think we will see some clouds moving in, at least for a little while but then they will clear out and give us a sunny day. here is a look at the time lapse from service the past 12 hours. we see the clouds starting to move in here lately but it's still partly cloudy, temperatures right around 60 degrees, 64 degrees as you head out the door now in concord. the wind coming it, it will be a breezy start to the day and it gets even more windy as we go into the afternoon, the winds picking up at about 15 to 20 miles an hour, maybe a little higher there some spots feeling that breeze coming in from the west and that gives us a nice cool breeze and a warm sunny day. the fog on the bay moving in

once again, but right at noontime it will just be along the immediate coast and in san francisco and then into the afternoon the skies will be partly cloudy there, but elsewhere all clear inland as we go into the evening. the next three days we're looking at some more comfortable weather, highs in the mid 80s today in the south bay, 82 degrees by thursday, peninsula also feeling temperatures in the upper 7 os to lower 80s, san francisco right around 70 degrees, north bay in the lower 80s and the tri-valley in the 80s as we head closer to the weekend and it will be a warm one once again, especially on saturday and sunday heading into labor day. let's get a look at the commute now with mike. we're looking over toward the south bay, i told you 237 right around lawrence expressway there was a crash, a car went off the roadway into the bushes. just telling folks make sure you are fully awake before you get on to the roadway. northbound 680 at auto mall there is a car over on the shoulder but not in lanes. very close to that slow lane so

shift to the left as you head up towards sunol if you can, folks. give him a little extra room. plenty of room at the dublin interchange and hayward area. castro valley, same thing for the bay bridge toll plaza. no problems. 4:47 n fact, a new smart watch will be hitting the market and it could overshadow the apple watch. >> for more on that and the rest of your news before the bell we turn to our wearable technology expert, landon dowdy live at our cnbc headquarters this morning. good morning. >> good morning to both of you, the markets look to open september well in the red after ending august with a thud. futures are sharply lower after china reported the country's manufacturing activity fell at the fastest pace in three years last month, that's dragging down both asian and european markets today. oil price right side lower today after surging nearly 9% on monday, opec may cut production amid signs of drop in u.s. crude supplies. the dow posting it's worst

monthly loss in august since may of 2010. september may not prove to be much relief, this is historically the worst month of the year for stocks. apple may be moving in on netflix's territory. they have had talks about possibly developing their own original programming. apple is expected to unveil the new version of its apple tv device next week. it's unclear whether apple would open its own studio or work with outside producers. samsung unveils it's newest smart watch on thursday. the gear s 2 is a stand-alone device meaning you won't need your phone nearby to make and receive calls, samsung also says it has a battery life of two to three days, that's longer than the apple watch. lack over to you. >> pretty cool. >> so phone now and time all together one device. >> secret agent. >> like james bond. $50,000, that's how much

pg&e must pay for failing to secure a substation in south san jose. a year ago burglars cut their way through an exterior french at the metcalf substation and stole several thousand dollars in construction equipment. the break in went undetected for more than five hours. in a statement the state's public utilities commission said its investigation found despite multiple alarms sounding during the break in pg&e security was unaware. this latest failure followed promises by the utility to increase security after the 2013 attack by gunmen that shut down the substation for nearly a month. 4:49. it's decision time for a kentucky county clerk. will she continue to deny gays and lesbians marriage certificates despite the ruling. kim davis returns to work after the supreme court ruled yesterday she must issue marriage licenses to all. kim davis says that defies her

christian beliefs. if she refuses she will face fines and jail time. people living in a san francisco apartment complex are fighting right now to keep their homes. the south beach marina apartments have more than 100 rent controlled units for low and middle income families, but the contract that keeps that rent slow is expected to expire and management plans to raise the rents to full marketplace price. they are going to hold a protest to protest that rent hike and call for management to make the units permanently affordable housing. city council members are discuss ago new proposal to limit franch sizes. the first proposal did not pass, that was back in july. this new version is said to be more refined and allows for a little more leeway for large shopping centers. a bill to -- designed to cut down on childhood obesity in new

york could set the standard for healthy meals across the country. new york city considering the healthy happy meals bill it would require fast food restaurants kids meals to include a serving of fruit, veges or whole grain. it would also have to be less than 500 calories with a limited amount of saturated fats, sugars and sodium. researchers say right now 98% of kids meals do not meet this criteria. >> new definition for fast food. research also showing much older kids, college students, lighting up, but the times are changing. instead of reaching for cigarettes they're reaching for pot.

hard to believe we are turning the page on august. september is already here, but i feel like september 1st is going to be a lot like august 31st,

kari. >> why not? we won't have much of a change in temperatures today, still warm, a lot of sunshine after a few clouds roll in this morning, gilroy topping out at 88 degrees, half-moon bay 68 degrees and the marina will be at 67 degrees. 60s along the coast, 80s inland and it will be warm in the tri-valley into the upper 80s, also in pittsburg 89 degrees and in napa today 85 degrees. our weather gets a little bit cooler tomorrow, i will show you those numbers coming up. let's get a look at that commute with mike. kari, we won't talk numbers because i don't want to count all the headlights. westbound 580 coming from el charro over to tassajara. we're talking about that commute direction out of the altamonte. you see speeds are in the green zone through that area so not a problem fwhaurks volume is pretty sizable. dublin interchange just fine. south bay yesterday had a tough one in northbound directions, a series of crashes on 880 and over in cupertino cause add big

back up, today should have more volume. these crashes on the map are out of the roadway no major incidents. new this morning, thailand's prime minister says authorities have arrested the ran they believe is the main suspect in last month's bangkok bombing. 20 people died in that explosion. the prime minister says the suspect is a foreigner and he was found in eastern thailand right near the board wr cambodia. the prime minister did not say whether or not the suspect was the one who actually planted the bomb. happening today, friends and family will gather to say their final good-bye to adam ward. ward will be laid to rest today. he and reporter alison parker were shot and killed by a former coworker during a live interview for wdbj's morning newscast last week. a celebration of adam's life will be held at first baptist church in roanoke. those in attendance will be wearing the colors of his alma mater, salem high school and virginia tech university. 4:55.

a college student shot at a kris brown concert in the south bay now suing the performer and venue. five people who were shot at the feast is that nightclub in san jose back in january, sent the crowd into a panic. there is that youtube video. all of the victims survived. attorneys for one of the people shot said the nightclub failed to provide proper security. a san francisco state university student claiming to have trouble walking after he was shot in the foot. >> obviously kris brown will tell you this is a frivolous lawsuit. the bottom line is sfugt shot at one of these events it's knots frivolous and if you have a permanent injury somebody should be held accountable. >> after the event the nightclub's entertainment and alcohol licenses were suspended for two months. pot over cigarettes. a new study shows u.s. college students smoked marijuana more regularly than cigarettes last year. university of michigan has been collecting smoking data since 1980. last year was the first year pot

smoking surpassed cigarettes. about 6% of students smoked marge on a daily or near daily basis, about 5% smoked cigarettes that much a sharp drop from 1999 when 19% of college students smoked regularly. being healthy now, we know kids need exercise to achieve that and be happy, but a new study says they don't need all that much exercise. researchers had children walk for three minutes every half hour during a three-hour period where they were otherwise sitting. the kids showed lower levels of blood sugar and insulin compared to days where they sat for three hours with no exercise. even minimal activity, in this case three minutes every half hour may help protect children against diabetes, heart disease and cancer. coming up, ride public transportation in the bay area, you could have been exposed to measles. a cal student tested positive for the contagious virus, what you need to know. plus, an urgent search right now for a woman reported

kidnapped in oakland. what witnesses reported seeing that immediately raised red flags. snahedff e seetin oaandverght.

breaking news a woman snatched off the streets in oakland overnight. already at this early hour police in the middle of a kidnapping investigation. and a deadly stabbing near a children's zoo in the south bay, now police are looking for the kill juror plus justice for kate, the steinle family taking legal action following the death of their daughter. "today in the bay" starts now.

a very good tuesday morning to you. i'm laura garcia-cannon. >> and i'm sam brock. we have a lot to get to today. first we are going to start right now with meteorologist kari hall and a look at your weather. good morning. >> good morning. nice clear, cool conditions as you head out the door and we will start to see a few more clouds moving in during the next couple of hours before a bright and sunny day. in the peninsula it's 59 degrees, 60 in san francisco, highs topping out at 73 today. in the north bay it will be 86 degrees, in the south bay 84 degrees. get ready for another warm day, but slightly cooler tomorrow. i will show you that forecast coming up. let's get a look too commute now with mike. overall we're look at a nice flow of traffic unlike yesterday no major issues, at least nothing unexpected. we will show you westbound 580 some slowing because of that volume coming out of the altamonte pass, by the time you get to vasco you are at the speed limit near the dublin interchange.