i'm sam brock. >> i'm laura garcia-cannon. want to check in with kari hall. a look at forecast with us. >> a beautiful day, sunshine this afternoon but morning clouds will be back for the coastal areas. in the north bay, it's 58. and the lower 60s for san francisco. east bay and peninsula expect a high of 74 degrees in the east bay and san francisco up to 70 degrees, 83 in the north bay, and the tri-valley 85 degrees. these temperatures are coming down, but it goes back up in time for the weekend. i'll show you that coming up in a few minutes. mike? >> folks, sorry, but it just got out of range by the south tower there. it's moving the cones. the golden gate bridge shows no delay. same out of the north bay in toward the city or the east bay. no delays for the maze and bay bridge. we'll see that build starting already coming out of the maze, though. highway 4, slowing for antioch. nothing but green on this map here. peninsula, palo alto, live look shows you easy flow of traffic

here, south into mountain view and san jose. back to you. >> thank you. this story still developing this morning. three correctional deputies reportedly on the wrong side of the law. investigators have searched the homes of three deputies in santa clara in connection to an in-custody death. damian trujillo, good morning. >> reporter: good morning. deputies now have a lawyer assigned to them, paid for by their union, and they'll need nose lawyers. this has turned into a criminal investigation, according to our sources here at the main jail in san jose. we obtained a court document yesterday and it lists victim's name as michael tyree. sources tell us, tyree was badly beaten in his jail cell, several sources tell our investigative unit tyree had lacerations to his liver and spleen. the coroner has yet to release the autopsy report. as we first reported on friday, in an unusual move, the sheriff

put the three correctional deputies on administrative leave after the incident. according to the court document, tyree was waiting to be transferred to a bed at momentum crisis residential treatment center. he had earlier appeared before a mental health court judge but sources tell us, some argument ensued in his jail cell and for the last four days, the sheriff's office has only said guards found tyree unresponsive in that cell. >> deputies doing their welfare checks as normal, noticed a person was not responding to them, knocking on the door. they went in, rendered aid. fire and pair are medics were called. >> reporter: investigative unit contacted tyree's sister out of state, the sister said she was not ready to speak publicly about her brother's death. sources also tell us that one of the correctional deputies also had multiple abuse allegations charged against them while on duty here at the main jail. live in san jose, damian trujillo, "today in the bay."

>> thank you very much. 5:02. a job interview took the turn for the worst in the south bay. a prospective male model meeting this guy, roger francisco in downtown san jose to discuss modeling work. victim says he grabbed him inappropriately. francis cowas was arrested. now asking any other victims to come forward. another sexual attack to tell you, this happened at uc berkeley library. this morning, campus police are tight-lipped about the details. just before 1:00, yesterday morning, a 20-year-old woman told police she was groped. police have not revealed where at the library it happened or given a description of the suspect. a follow-up on a reported kidnapping in oakland. we first told you about yesterday morning. the woman is back home and safe. police say that she ended up contacting investigators amid media coverage of her apparent abduction. a witness reported seeing a man

grab her and throw her into the trunk of a car monday night. she since told police she's fine and she was involved in a domestic dispute at the time. >> 5:03. santa clara county says startling video of an explosion is one reason they want to fire turner construction from a hospital project but that could cost taxpayers millions. >> "today in the bay's" kris sanchez in the studio with alarming video. >> both of you have seen the video and know it is hard to watch. but just as the time ticks for that man to get out of that steam pipe before it explodes, the clock is ticking on the construction company's contract with the county. this is the story we broke this week but video is now fuelling that debate. >> santa clara county released that video in which you can hear pops and cracks and then that explosion while that worker was in that pipeline. steam erupted through the underground vault there. the worker survived which

happened last year. turner construction's contract may not survive. county executive says because of delays and also safety lapses like this one. >> in this case, there was an instruction to employees that said, you might hear popping and cracking sounds and that's normal. >> now on monday, turner construction did tour the site with nbc bay area to talk about the delays in the conflict with the county regarding that. but in response to the explosion video, turner instead provided documents indicating it took responsibility at the time of the explosion which was about a year ago and they also provided payroll documents indicating that the incident was not serious enough to keep that worker off the job. turner contends the county released that video now, a year later, as a publicity stunt to distract from its own mishandling of the project. turner has until friday to convince the county not to fire it from that $300 million

project. >> as you said, a lot of money at stake. thank you. it is extremely flammable and burns extraordinarily hot. talking about crude oil. thousands of gallons transported on trains that run by bay area schools. >> "today in the bay's" chuck coppola live in emeryville. there's a new report that details the potentially dangerous issue, why people should be concerned. >> that's right. throughout the bay area, oil trains run past 50,000 schoolchildren in their classes, that's a recent finding. and the number could go far higher under proposal to increase shipment to a proposed oil debow in san luis obispo. that would bring an additional 200,000 schoolchildren within a mile of oil trains. valerie love, center for biological diversity says, that's not only too many but the type of oil that could be transported is extremely

hazardous. >> one is from north dakota one of the most volatile types of crude, highly explosive and that's in northern california and the bay area, that's been the primary type of crude that we've seen. >> reporter: association of american railroads says it's spending $30 billion on top to bottom operational reviews implementing lower speeds, increasing track inspections and use of track side safety technology and stepping up outreach and training of first responders in communities. meanwhile the center for biological diversity says that the evacuation zone in a number of train derailments about a mile nationwide. live in emeryville, chuck coppola, "today in the bay." >> thank you very much. 5:07. let's get your workday started off the right way on this wednesday with meteorologist kari hall. >> good morning. it will be a beautiful day. not too hot, not too cool. as you head out we start out with clouds this morning.

sunrise will be at 6:41 and comfortable temperatures later. mostly cloudy along the coastline. you'll have a hard time shaking clouds and then the clouds rolling back across the bay tonight and sunset at 7:41. we'll be up to 79 degrees in san jose and also in san mateo and inner sunset, 68 degrees. napa, 74, pittsburg 85. san ramon topping out at 80. cool weather the next couple of days and then it gets hot again. i'll show you that coming up in a few minutes. let's get a look at morning commute with mike. >> nice easy drive, most of the bay in the green. behind me, little bit of red over there, out of the altamont. we'll talk about that. also an update on the bay bridge. live camera, that volume of traffic through the bay bridge toll plaza. live look for our camera out there, right there is right here. and no major issues. no backup of the cash lanes. pause to pay. and 580 through dublin, westbound 580, volume increasing

on the maps we saw the red design out of the altamont pass. live camera here by as it harrah, things are clearing. dublin interchange at speed but slowing to vasco. >> how a massive government data hack will cost you no matter what you do for a living. hopefully a better day on wall street today. we'll have a look ahead and talk to cnbc coming up. scoot mcgrew, is the glass half-full kind of guy. cnn announcing a change to the next republican presidential debate, putting california's carly fiorina in the middle of the fight. lo foa n fa ontag decision 2a

new face on stage when republicans face off in the next debate this month. california's carly fiorina is going to be there after cnn changed its rules to include her. >> "today in the bay's" tracie potts live in washington. well, carly fiorina one to be in the last one, too. >> she and supporters have been making noise about this. she was not in the top ten in that prime time debate in august. she wasn't appearing but she was going to be in the top ten this time, but now with the rule change it looks like that answer

may be yes. >> reporter: huge news, i'm in the debate, carly fiorina tweets supporters. she thanked ben carson and donald trump for helping make it happen. cnn changed the rules giving fiorina a spot on stage after complaints about polls were being weighed too heavily. she got a bump after the debate. now she'll go head-to-head with the top ten, including jeb bush, who is attacking donald trump as too liberal on abortion and health care. >> not a conservative, using his own words, not a mischaracterization, they came out of his own mouth. >> reporter: john kasich is promising a major government shakeup. revamping how washington works. >> language matters and you have to be careful about the way you talk about these things and you have to be rational. >> reporter: elsewhere on the campaign trail, rick santorum is bashing the iran nuclear deal. >> we have a president who just

recently with iran put our country in grave danger. >> reporter: ted cruz agrees and he's warning democrats not hold up budget bills this month over funding planned parenthood. >> i think that's a profoundly irresponsible position. >> so that's the campaign trail. and also getting attention today is one not quite yet on the campaign trail, vice president joe biden is going to be in miami. he is going to be meeting with jewish leaders on the iran deal, promoting that iran deal, but yet to announce if he's running for president. >> interesting to watch. thank you. 5:14. u.s. taxpayers are going to have to pay a hefty price for massive data hack on the u.s. government. devastating hack targeted u.s. office of personnel management and it's a pricey one. government announced it's paying more than $133 million to provide i.d. protection for millions of military and government employees.

and that's not all. the obama administration will also spend as much to provide protection services to millions of other people whose information was stolen during the hack. the government will be mailing out notices to those impacted by the breach later this month. high profile court case, san francisco judge says a lawsuit against uber can be expanded into class action. >> that means the suit is open -- far more open to more uber drivers. scott mcgrew, a big blow to uber itself. >> a blow to any company that uses 1099 workers. this suit could give them courage to go forward with their own lawsuit. food delivery services, ride sharing apps. lyft faces its own suit. the judge ruled monday the lawsuit against uber brought by four uber drivers could be expanded. the big question here, and the one that has to be decided by a jury, is whether uber drivers

are contract workers or employees. in its decision, chen said the class will be open to all uber black, uber x, uber suv drivers who have driven for uber in the state of california with one exception, and those are people who signed a later contract agreeing to arbitration. at this point, not clear how many people qualify for the clasp the plaintiffs say it's more than 100,000. uber says the a fraction. the case has similarities to a recent case where fedex drivers said they were not contract workers, they should be considered employees and they won. the judge in that case is the judge in this case. let's check in and get better news. landon dowdy has nothing but good news this morning. >> scott, good morning to you. that's right, right now wall street looks back to claw back some losses from tuesday's big sell-off. futures pointing to a higher open stocks fell sharply

following weak data out of china, raising more concerns about the world's second largest economy. asian marks lower and europe is in the red today. dow suffering its worst start to any month since march 2009 and the worst start to september since 2002. oil prices, which rose 9% monday, gave back all of the gains and are lower today, near $44 a barrel. look for reports on private sector jobs, productivity and factory orders. dow falling 470 points to 16058. its third worst point drop this year. back over to you. >> in that case, a lighter note, something with teenage mutant ninja turtles. amazon says prime video users can download prime video and watch later like on a plane, movies like ninja turtles. amazon provides prime video froe to prime users until now you had to be online to watch. we do think some point netflix will respond with the same so

you can watch "house of cards" on your way to washington or orange is the new black on your way to prison, i suppose. >> put that in there at the very end. thank you. president obama is continuing his trek across the arctic. a journey he hopes will drive home the impact of climate change. yesterday the president saw what he traveled there to see, massive glaciers receding. mr. obama is using the opportunity to highlight what scientists say is a frightening connection between alaska's record setting wildfires and climate change. this is the second worst fire season in alaska in last 50 years. the president says, it's showing in the melting ice. >> this glacier's lost about a mile and a half over the last couple hundred years. this is as good of a sign post of what we're dealing with when it comes to climate change in just about anything. >> president obama hopes the historic trip will show the climate change is already happening and something needs to

be done about it. >> i want him to go "i'm king of the world" right there. >> reality tv and the "titanic" what can't this guy do? >> we will see. going to be on the reality show, too. >> coasting along here on a wednesday. looking forward to another dice nice day here. >> a great day outside. we do have clouds back this morning, especially along the coast. you'll see more cloud cover than the past couple of days. as we take a live look at san jose, clear start. it is nice and cool with some mild temperatures in the forecast for the next few days. as we get a look at the time lapse from san francisco from yesterday evening, into this morning, you can see those clouds rolling by overhead. and you may even have some mist and drizzle as the sun rises this morning. 62 degrees the current temperature in livermore. santa rosa, 53. and cooler to start the morning. going hour by hour in san jose,

60 degrees at 7:00. a lot of sun today. 66 degrees at 10:00. and lunchtime will be great one to have outside. it will be 72 degrees. wind picks up and we will only see highs today in the 70s and up to 79 degrees in san jose. los gatos up to 82. also 82 in palo alto. embarcadero will be at 70 degrees and 74 in napa. hayward up to 74 as well. and san ramon, topping out the 80 today. the sea breeze keeps the coast cool and the morning clouds as well as drizzle moving along the coast while inland areas do see more cloud cover but the weekend forecast, it will be warming up as we go into saturday as well as sunday and labor day. we're talking 80s and 90s across the bay. you'll want to do something to try to stay cool. i'll have another look at the microclimate forecast coming up. let's see how the roads are moving with mike. >> overall, the big picture, mostly green over the bay. great stuff. easing into the commute. immediately your attention goes

here. red, though, is for i-205 out of tracy and by the time you get to live, still in the 50s. great stuff over toward vasco. and north first street area, dublin interchange showing the bill and the effect as far as speeds go. bay bridge, no delays on the approach but the bay bridge toll plaza you see more cars coming in slowing as they approach the toll gates. soon metering lights turned on in 10, 15 minutes. north bay, a build for southbound 101, nothing drama c dramatic, just from time to time a few more cars. coming up, a lock to stop pill bottle thieves. a device to prevent prescription pill abuse. >> kentucky county clerk defies the supreme court. but the story doesn't end there. a ntuy cntylerwho

a kentucky county clerk who says her faith is more important than the letter of the law is refusing to budge on granting marriage licenses to same-sex couples. >> we are not issuing -- >> based on what? why are you not issuing marriage licenses today? >> because i'm not. >> why? >> whose authority? >> under god's authority. >> that's what happened yesterday in a heated exchange

between the county clerk kim davis and a gay couple. it was her first day back at work after the u.s. supreme court ordered her to issue marriage licenses to all couples. davis is facing fines, may receive jail time for denying that court order. getting her removed would be difficult because she's an elected official and must be impeached she and her deputies scheduled to appear in federal court tomorrow. big step in the fight against prescription painkiller abuse. illinois lawmakers pushing for pharmacies to make it more difficult for addicts to get pills by adding a built of in lock on the bottle. only the owner knows the code. states passed a law offering incentives to pharmacies to use them. illinois customers who buy the caps can get a state-funded rebate. one addict says that device would have slowed down his addiction. >> grabbing two, three, four at a time, with this i couldn't

grab two, three, four at a time. >> the cdc estimates 2 million americans are hooked on prescription painkillers. according to the national safety council, in illinois alone, 350 people died just last year because of painkiller abuse. 5:26. three correctional deputies hit with search warrants after the death of an inmate. >> and how a construction accident at a hospital in the south bay could get the company kicked off the job. joings. m lra rcicaon.=samsho aa

very good wednesday morning to you. i'm laura garcia-cannon. >> i'm sam brock. it is the kind of forecast that will get you up and out of bed this morning. cool and pleasant. >> a great day. a lot of sunshine after morning clouds. it will be a great day to spend outdoors. and we're starting ow at 58 degrees in the north bay and south bay. lower 60s in san francisco. as well as east bay and peninsula. expect highs in the 70s across most of the bay. the north bay up to 83 degrees. also some low to mid-80s in the tri-valley. i'll highlight this forecast and give you an idea what to expect this holiday weekend coming up. let's see how the commute is rolling with mike. >> here we go, bay bridge toll plaza starting cash lanes to back up. no metering lights yet. should be another few seconds. fas-trak lanes starting to fill in approaching the toll plaza as well. and map shows you that you still have good speeds through the

maze east shore freeway, walnut creek. north of the san mateo and dumbarton bridges slowing develops for north 880 off of 238. no incidents but overnight crews might present a slowdown as they move out of the area. midday game, 12:35 game. south bay, no surprises. now a developing story. excessive force or accident? three south bay correctional deputies slapped with search warrants as part of investigation into in-custody death. >> "today in the bay's" damian trujillo broke the story last week and live at the main jail with developments right now. >> reporter: well, good morning. yes, those correctional deputies have now lawyered up, obtained lawyers, paid for by their union. this, according to sources, has turned into a criminal investigation on what happened here a few days ago at the main jail in san jose. the sheriff's office filed paperwork with the court yesterday. in that paperwork it lists as the victim an inmate named

michael tyree. sources tell us tyree was badly beaten in his jail cell, several sources tell our investigative unit tyree had wounds consistent with a physical beating with lacerations to his liver and his spleen. however, the coroner has not released the autopsy report. as we first reported on friday, the sheriff put the three correctional deputies on administrative leave after the incident. according to the court document, tyree waiting to be transferred to a bed at the momentum crisis residential treatment center but sources tell us some argument ensued inside his jail cell, and all of the sheriff had said since the incident guards found tyree unresponsive in his cell during a routine welfare check. >> deputies were going around doing their welfare checks as normal, noticed a person was not responding to them, knocking on the door. they rendered aid, fire and p a paramedics were called. >> reporter: investigative unit contacted tyree's sister who lives out of state.

the sister told us she was not ready to speak with reporters at this time but we understand she has been in contact with authorities here in the south bay. live at the main jail in san jose, damian trujillo, "today in the bay." 5:32. new this morning, west oakland b.a.r.t. station running at this hour, this closed for more than three hours overnight after a man shot himself reportedly trying to get a gun out of his waistband during a confrontation with officers. this video taken by a witness. the suspect right after he apparently shot himself on accident. investigators say he was on a -- he was smoking on the platform, which is against the law. b.a.r.t. officers approached him and he reportedly threatened to jump on the tracks, then reached for his waistband, where the gun was. the officers tased him. wheel he was struggling he accidentally shot himself in the stomach. he's in critical condition at

the hospital. the system failed our sister. at this point, nobody's taken responsibility, accountability, and nothing has changed. >> sadness turns to anger for the family of kate steinle, two months ago the 32-year-old was shot and killed on san francisco's pier 14. undocumented immigrant with a checkered criminal history is the prime suspect. yesterday steinle's family filed the claim against the san francisco sheriff, federal immigration officials and bureau of land management. each agency is responsible for steinle's death beginning with the release of suspect juan francisco sanchez lopez. >> every citizen that comes to san francisco, to brad's point if you think this can't happen to you, think again. >> kate steinle's family is shininging a light on a problem facing agencies, depp issued

guns stolen. the gun was stolen from law enforcement. the attorney says the bureau of land management ranger broke the rules when he left his loaded gun in a backpack in plain view in his car before it was stolen. that theft, just one of three incidents this summer when a local law enforcement's gun was stolen. someone stole a hayward police officer's gun. a chief had her gun stolen. it's a dangerous trend. >> is there no protocol? do they not care? are we out of control? i think it's a little bit of everything. >> experts say how is the time for departments to review storage policies and strengthen them. staying with law enforcement, will we get to see what police see? san francisco police are going to be talking about the use of body cameras later today. department is holding a meeting to discuss a policy for use of the cameras. there's been more attention on the use of body cameras as more

police encounters are being caught on cell phones. we could learn today when the man accused of kidnapping and killing a teenager will stand trial more than a dozen delays in the case, frustrating the family and lunds who helped search for her. lamar disappeared three years ago walking to a school bus stop. the body was never found. prosecutors say her dna was discovered in garcia torres' car, he has pleaded not guilty. the lawyer accused in the bizarre kidnapping in vallejo expected in court today. but this morning, he's facing charges stemming from a similar crime in dublin. matthew muller will be in court in connection to his arrest in june. police say in that case, the owners fought back. he ran off. but left behind a cell phone that investigators used to track him down in tahoe. that's when police say they discovered goggles with a single

strand of long blond hair that linked him to the kidnapping of the resident. more finger pointing in santa clara county over a hospital project. there's a new twist. >> "today in the bay's" kris sanchez joining us. you're about to show us amazing video of a construction accident. the question, why are we only seeing this year-old video now. >> that is the question. is this proof of poor ormance or is it a publicity stunt? the story of santa clara county threat to fire turner construction from $300 million project is one that we broke earlier this week. but now this fuel, this video's fueling the fire. >> santa clara county released that video in which you can hear pops and cracks in a pipeline while a worker was inside, and then that large explosion as steam erupts through that underground vault. the worker did survive the

incident which happened last year. contract may not survive. the county executive says construction delays and because of safety lapses like this one? >> in this case instruction to employee said you might hear popping and cracking sounds and that's normal. >> turner construction told nbc bay area the delays are the county's own fault but then a day later, in response to the explosion video, turner provided documents indicating it did take responsibility at the time and they provided payroll documents indicating that the incident wasn't serious enough to keep that worker off the job. turner contends that the county's only release that video now, a year later, to distract from its own mishandling of the project. the county did give turner construction until friday to convince the county not to fire it from the project. the clock is running. we are working to figure out

whether cal osha was involved in the investigation and whether there was any penalty for turner construction because of the incident. >> thank you. 5:37. heads up, all this week low-flying helicopter is buzzing around the bay area. the chopper keeping track of radiation in the air for a federal resent program. the survey was last taken three years ago. the chopper flew over san francisco yesterday. pacifica and berkeley are on the list for today. >> concerns now this time on the ground. this morning about trains carrying crude oil past bay area schools. >> "today in the bay's" chuck coppola is in live in emeryville this morning. a new report shows thousand of kids go to class very close to the tracks. >> that's right. the oakland center for biological diversity says a quarter of a million schoolchildren could be in classes within a mile of bay area oil trains rolling through under a proposed new route change. that distance under a mile is

within the evacuation zone of a number of oil train explosions like one in west virginia just two years ago. the proposed oil train route in california would transport oil to a proposed oil depot in san luis obispo. already 50,000 schoolchildren are in classes within a mile of current oil trains rolling through their communities in the bay area. >> i found the number of children that go to school within one mile of current oil train routes staggering. >> reporter: the association of american railroads counters saying it's spending $30 billion on what it calls top to bottom operational reviews, implementing lower speeds, increasing track inspections and the use of track-side safety technology and stepping up outreach and training of first responders in communities. expect debate to pick up on this issue. live in emeryville, chuck coppola. the public can add input to

the proposed minimum wage hike in mountain view. the city's concerning raising minimum wage to $15 per hour in the next three years. mountain view's current minimum wage $9. several other bay area cities already have a minimum wage above $10 that includes san francisco, san jose, and berkeley. tonight's meeting starts at 6:30 at mountain view senior center. it's 5:40. time to get a check of the forecast. going to feel nice out there? >> a nice day. as we look at some of the temperatures as you head out, this is what you need to know. areas of fog and clouds, sunrise at 6:41. and comfortable temperatures later today. mainly cloudy at the coastline and you won't get rid of the clouds anytime soon today. and they roll all across the bay tonight, sunset at 7:41. in gilroy a high of 79 degrees. coming down from the 90s you had earlier this week. and half moon bay 68. embarcadero will be at 70

degrees today. napa 74. also 74 in oakland. pittsburg 85. and san ramon topping out at 80. a look at rest of the microclimates and a long holiday weekend for cast coming up. let's see how the roads are moving with mike. >> toward the bay bridge toll plaza, it done look like it's moving but it is. hov, if you car pool, there you go, flying through here. bay bridge toll plaza backup on the map. slow up the incline. no problems for the east shore freeway, berkeley curve or maze but that's building as far as volume goes. northbound 880, earlier slowdown in san leandro has cleared up. the rest bay moves smoothly. volume bursting through the area. live look at northbound 101, all of the lights here, they'll move better in ten minutes. back to you. 5:41. new neighbors coming to silicon valley and bringing hundreds of jobs. >> september's always lousy for

stocks but it's the worst in 13 years. we'll look ahead. and they already took care of the casino part. now graton to tackle the resort end. thcalorn dertmt o

the california department of justice is unveiling a new tool, giving the public the power to monitor interactions with police. attorney general kamala harris will announce the website open

justice later today. the website includes information on officers kill or assaulted in the line of duty, deaths at custody and arrests and bookings? new life for a state bill ordered ath oregon's death with dignity act allowing doctor-assisted suicide. the committee approved legislation allowing terminally ill patients to take life-ending drugs. it moves to a second committee. the bill introduced last month on health care. a similar measure this year never reached the assembly floor. things are great at graton casino. so great a the guy expansion set to kick off. break ground on $175 million expansion. the las vegas review journal says a new 200-room hotel tower. graton casino opens less than two years ago. not just start-ups, one established tech company's

dropping an anchor in the south bay bringing hundred of jobs. intellicare direct. it has an office in san diego and today opening up a new call center in san jose. 350 people expected to be hired and city leaders will attend the ribbon cutting ceremony in the afternoon. >> friday we'll get the latest jobs report from the labor department. >> scott mcgrew, close eye on this. a critical time. >> we think the fed is on the cusp of raising rates but a poor report friday could call that into question. the disastrous start to september on wall street. technically the fed ignores the stock market. the stock market is not the economy. the economy is not the stock market. i know you are listening to me talking about the fed but also wondering, what is turkcell? the mascot, half snail, half rabid. i'm telling you the truth. all right. other news, let's get to the actual numbers, the dow fell

more than 400 points moind. not the worst drop this year. only the third worst. s&p 500 down 58, that's 3%. nasdaq down 3% as well. things look better today. futures calling for positive moves on the open september historically a lousy month for stocks. the worst start in 13 years. traveling overseas watch for news about luf tan 15. also runs germanwings, austrian and swiss airlines. mcdonald's says next month you can order breakfast anytime, along with big macs, a big breakfast in the evening, "wall street journal" points out serving breakfast anytime is harder than you think. rules say you can't cook eggs next to hamburgers, toaster that toasts hamburger buns different than the toaster that toasts egg mcmuffins. they'll serve breakfast october

6th anytime you want. >> bottom line, the most important meal of the day. >> no matter when in the day you take it. >> exactly. >> eating all the time. mcgriddles. >> love mcgriddles. thank you. tough, new ban on wood-burning fireplace probably coming next month. air quality leaders are helping find money to make the switch. could approve $3 million incentive fund. next month a group is going to tighten laws for homeowners and landlords. it's going to ban wood-burning fireplaces in new homes and rentals and require them to be replaced during fireplace remodels. >> i don't think any need for fireplaces in the bay area today. weather should be nice. >> nice. comfortable this afternoon. and we will have the clouds rolling back in this morning along the coast. and then clearing out as we go through the day. take a live look outside as we

do see clouds this morning looking from at&t park and it is going to be cooler than we've had, which i think no one is going to complain about when you see the forecast coming up heading into holiday weekend. 58 degrees now in the north bay and south bay, 63 degrees, san francisco and the north bay. today in the peninsula, a high of 76 degrees. 70 in san francisco. south bay up to 79 degrees. as we go hour by hour in san francisco, we do have clouds at 8:00 but there will be times of sunshine and staying below that 70 degree mark in some spots around the embarcadero could see high hitting 70. and as we see what's happening in the tropics, there are still three hurricanes happening out there but none of them at this point are expected to affect hawaii but himena a category 3, missing hawaii over the next couple of days and weakening.

great news there. cooler air moving in once again. as that moves onshore, temperatures will stay below average for today, tomorrow, friday. but then we will have that kind of moving off to the east and our temperatures will be warming up. looking at highs in the mid-80s for saturday. as you make plans to be poolside, barbecuing, whatever you plan to do for the labor day weekend. it will be 80s and 90s, feeling like summer but this is the unofficial last weekend of summer. we will enjoy it with warmer temperatures especially in the tri-valley. let's see how the morning commute is going with mike. >> looking towards san jose, just starting to move a little better now. this that is first burst, another five minutes we should see better traffic flow. the map, also the only section where it shows red, speed indicators below 20 miles per hour. north of 680, in general, 101, 87 shows the build over the next half hour through the area. through the south bay, no surprises there. tri-valley, looking really nice

through livermore and pleasanton, volume build. 880 shows a little more slowing down through hayward, nothing dramatic off 238. bay bridge toll plaza has metering lights on and smooth drive for the maze and upper east shore. north bay no delays. oakland camera, look past the coliseum, easy flow of traffic. 12:35 midday game, midday traffic by the home of the a's. and b.a.r.t., the coliseum, the rest, no problems and no delays. 43 trains running on time. >> got to love the a's. >> and hero. the sac state student who helped foil a terrorist attack is a star of late night tv. >> 23-year-old anthony sadler met with applause when he told jimmy fallon about what happened after he and his friends rushed a suspected carrying an ak-47. >> expected a gunshot to go off before we got there but it never did, thank god.

spencer hopped on him, few seconds later me and alek were there and got to beat him down a little bit and then -- [ applause ] >> applause there. >> sadler and his friends received france's highest decoration, legion of honor. >> he looks comfortable sitting there. >> all of the interviews, starting to get more at ease there, not exed. >> glad he's being celebrated. 5:52. it won't be men on stage at the next republican presidential debate. california's carly fiorina joining the fight. but the battle to get there wasn't too easy. you should shop at grocery outlet first,

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follow-up on a reported kidnapping in oakland we first told you about yesterday. we know that that woman is home safely. police say she ended up contacting investigators amid media coverage of her apparent abduction. a witness report the seeing a man grab her and throw in a car monday. she told police she's fine and was involved in a domestic dispute at the time. 5:55. kentucky county clerk who says her faith is more important than the letter of the law is refusing to budge on granting marriage licenses to same-sex couples. >> we are not issuing -- >> based on what? >> are you not issuing marriage licenses today. >> because i'm not. >> why?

whose authority? >> under god's authority. >> that's what happened yesterday in a heated exchange between the county clerk kim davis and a gay couple. it was her first day back at work after the u.s. supreme court ordered her to issue marriage licenses to all couples. davis is facing fines and may receive jail time for defying the court order. getting her removed would be difficult because she is an elected official and must be impeechbed. she and her deputies have r. scheduled to appear in federal court tomorrow. decision 2016, familiar face to us here in the bay area, will be a new face on the republican debate stage in a couple of weeks. talking about former hp ceo carly fiorina. "today in the bay's" tracie potts shows us a rule change is opening up a spot for fiorina on the big stage. >> reporter: huge news, i'm in the debate. she thanked ben carson and

donald trump for helping make it happen. cnn changed the rules giving fiorina a spot on stage after complaints about polls were being weighed too heavily. she got a bump after the debate. now she'll go head-to-head with the top ten, including jeb bush, who is attacking donald trump as too liberal on abortion and health care. >> this is not a guy whos a conservative and using his own words, not a mischaracterization, they came out of his own mouth. >> reporter: john kasich is promising a major government shakeup. revamping how washington works. >> language matters and you have to be careful about the way you talk about these things and you have to be rational. >> reporter: elsewhere on the campaign trail, rick santorum is bashing the iran nuclear deal. >> we have a president who just recently with iran put our country in grave danger. >> reporter: ted cruz agrees and he's warning democrats not hold up budget bills this month over funding planned parenthood. >> i think that's a profoundly

irresponsible position. >> joe biden has not announced he's running for president but the vice president in miami talking about that iran nuclear deal with jewish leaders. tracie potts, nbc news, washington. >> thank you. president obama continues his track across the art tick, a jun journey, massive glaciers receding. he's using the opportunity to highlight what scientists say is a frightening connection between alaska's record setting wildfires and climate change. >> this glacier's lost about a mile and a half over the last couple hundred years. this is as good of a sign post what we're dealing with when it comes to climate change as just about anything. >> president obama hopes this historic trip will show that climate change is already happening and something needs to be done about it. >> he's a frontier man.

5:58. next, some call them rolling bombs, trains carrying flammable crude oil barreling through you're neighborhood. a b.a.r.t. station back open after a shooting shut it down overnight. three deputies hit with search warrants following death of an inmate in a south bay jail. "today in the bay" starts right now. good wednesday morning. thank you for joining us. i'm sam brock. >> i'm laura garcia-cannon. tracking the weather and of course the road with mike inouye and the commute. start out with meteorologist kari hall with the microclimate forecast. >> clear in some spots but seeing more clouds along the coast than we've seen recently. expect clouds and mist and drizzle. as our temperatures are now in the upper 50s for the north bay and south bay and the peninsula and east bay, it's in the lower 60s. and look at highs today. cooler than yesterday. and many spots like south bay, 79 degrees, a lot of sunshine, breezy wind and the north bay,

topping out at 83. i'll talk more about what to expect today and heading into the holiday weekend coming up. let's see how the roads are moving with mike. >> surprise! the bay bridge toll plaza back up. it's not a surprise, metering lights on as well. toward the map, we'll show you, a smooth drive on the approach coming off of the east shore freeway. maze slows as you're approaching for 580 and 24. looking towards south 880, build towards hayward and build for pleasanton and sunol, build, typical pattern. south bay, northbound route starting to sort themselves out for the commute. 101 slows at 680 and 87 slows coming into downtown. back to you. thank you, mike. 6:00. was it excessive force. three deputies searched with search warrants in connection of a death of an inmate. >> damian trujillo first broke this story last week. sources say he