plus, gone in the blink of an eye. sales force employees hold out hope for a missing co-worker last seen at a company event. "today in the bay" starts now. very good tuesday morning to you. i'm laura garcia-cannon. >> i'm sam brock some of the temperatures up a couple of degrees and that is a theme the rest of the week. good morning. >> for parts of the bay area. more clouds moving in this morning and that will keep it little bit cooler near the bay. but now it's 53 degrees in the north bay. and it's 61 degrees in the south bay under mostly clear skies after the clouds move in and expect highs up to 68 degrees in san francisco and the north bay 78 and 81 degrees in the south bay. but, yes, it will be heating up this weekend. i'll detail that. but, mike, got a heads up. maybe some better news for the east bay? >> better news for oakland on 880 southbound. looks like they have cleared that construction crew just

south of the coliseum. look at the speed sensors. but westbound 580 now shows that slowing around lake shore as it did yesterday. not as severe, but we'll track that road clearing, as well. on the peninsula, west 92 cut off for traffic there just approaching the 101 interchange. chp says not a big deal. they expect it to clear relatively quickly and do have to loop around on the surface streets. we'll send it right back to you. >> thank you very much, mike. 5:01. we should learn more about shocking allegations into a ring of inmate beatings at a sonoma county jail. two inmates are filing a federal complaint. >> kris sanchez joining us in the newsroom. more than one or two accounts here. >> bay area attorneys group who claims that he got more than 20 letters from different inmates. detailing hours of beatings. they say were rising to the level of torture. and that some of that abuse was

caught on video by the very guard that is accused of that brutality. that attorney is filing a federal complaint on behalf of two of those inmates today. those beatings allegedly happened on may 28 of this year. according to a press release sent out by the office of santa rosa criminal defense and civil rights attorney isaac, there will be a press conference detailing more of that today. he is expected to elaborate on those letters he said he received from more than 20 inmates. let's show you what he's talking about. he claims that more than 20 inmates were beaten on may 28th alone. but that one inmate, in particular, becauwas thrown to ground, cuffed and also beaten. that guard, some of them dressed in all black used a taser on that inmate and then locked him in isolation naked only covered in his own. the claims are baseless. reading in part, the correctional deputies were

responding to the actions of a seemingly coordinated mass disturbance by inmates housed in administratiive segregation. i read that to be a prison riot. that was a statement sent to bay area news group between the time we received this information from the filing attorney and this morning we have not been able to independently confirm any of these details, though we are working toward that as we speak. we will be at that press conference scheduled for 11:00 this morning. if we learn anything new, we will certainly bring that to you, laura? >> thank you very much, kris. now to a developing story in the north bay where a popular hiking trail is now a crime scene this morning. deputies say a hiker's body was found last night with a gunshot wound. it happened at the loma alta preserves in fairfax. a dog was also found near the body, but the dog is okay. so far, the victim's identity is not being released. the trail and surrounding area will be closed today as this investigation continues. not guilty. that is the plea from the man

accused in the so-called gone girl kidnapping case. 38-year-old matthew muller was in court yesterday. investigators say he broke into the vallejo home of aaron quinn and denise huskins. muller held her for ransom and then released her in northern california. the story gained national attention when have vallejo police called it a hoax. crews search for a bay area tech worker last seen on a local ledge. >> bob redell joining us live in livermore. the 31-year-old didn't make it on to shore when there was trouble on their boat. this actually happened four days ago. >> for the past four days, sam and laura, the park district has been down the hill from us for this man and they might go out there again today to try to find him. the man who authorities fear drowned, he is a 31-year-old i.t. contractor based out of san

francisco. he was out on the water friday with about 20 of his co-workers for a team building exercise at around 7:00 that night a captain of a privately owned boat started ferrying them back to shore. there were eight people onboard a 14-foot aluminum boat. only three life jackets, which no one was wearing. >> at some point the boat started taking on water and everyone jumped out of the boat to swim to shore and when everyone got to shore that is when they realized one of their party was missing. >> according to his linkedin page he started working at sales force in april. the company issuing a statement last night and saying among other things that their thoughts are with his family and friends. the district says that it is possible the boat captain could face charges. bob redell, "today in the bay." >> bob, thank you very much. starting later today, a new principal will oversee the sunny

school charter school where a worker sexually assaulted a student there. the board of directors announced last night that dr. william overton will take over officially as principal and superintendent at spark charter school. all of this coming after a sexual assault investigation left three workers without a job last month, including jonathan chow who sexually assaulted students. the school didn't know that any of the school's employees had been fingerprinted or background checked. nurses plan to walk off the job this morning in contra costa county. medical center and several clinics are going on strike today. among their complaints, staffing. they say there are not enough nurses to safely treat patients. this morning the nurses will march through the board of supervisors meeting to make their point. in the south bay, faculty at san jose state will hold a march and rally in preparation for a strike vote. dozens of faculty will march through camps and downtown this

afternoon. the entire faculty is holding a strike authorization vote later this month. they are asking csu management for fairness, faculty and staff. santa clara county supervisors planning discussing on how to replace a troubled ambulance service this morning. cities and fire departments across the county are going to give their input on rural metro ambulance during the board of supervisors meeting this morning. struggled with its finances ever since it reorganized under bankruptcy in 2013. the county says that no plan can work unless fire departments improve their response time, particularly in san jose. the department standard requires firefighters to get to a call in under eight minutes. right now the county says firefighters are missing that mark 30% of the time. it's 5:07 and check win kari. she has a look at our forecast today. >> not too bad. very comfortable. about what we have seen with our morning starting up in the upper 50s to near 60 degrees and highs today a degree or two warmer in

some spots. we will have some clouds rolling in and then a bright, sunny afternoon in the south bay. los gatos and the outer richmond a little bit cooler there today. 65 degrees and 78 in napa and brentwood 84 degrees and san ramon up to 79 degrees. let's check in with mike who has been keeping an eye on some slow downs across the bay area. >> oakland is looking much better now. all lanes are open at the coliseum and we're over here on the opposite side of the bay now. 92 coming across and traffic flows very nicely here. the map, i'll show you where i'm concerned. we had just koppel minutes ago one lane opened west 92 at 101. that's a critical juncture there where there is a crash and the chp says we should have it cleared in the next 10 to 15 minutes. some slowing as you head towards foster city. be prepared to take some local streets if chp asks you to get off the freeway. one lane reopen at the connector. moving very smoothly as we take a live look at the dublin

interchange and a quick look at the bay bridge and see traffic flows very nicely off the berkeley curve. back to you. >> thank you very much, mike. coming up, the law of the land putting california in a small group of states to prove it's a controversial law just signed by governor brown. fleet week is fun, drones are fun. the two of them together, not so much. we'll take a look in business news. the u.s. military changes its story about what happened in the moments before it ordered a plane to drop a bomb on a hospital in afghanistan. got a tip for nbc bay area investigative uniisn't call 1-888-996-tips or e-mail theunit@nbcbayarea.com. [announcer] right now at sleep train,

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accident. the head of "docts now to a developing story. not an accident. the hoead of doctors without borders said it was a precise attack by the american military. >> military officials originally said they bomb under building because taliban forces were firing at them from inside. now they say taliban were firing at afghan officials. edward, they have to face congress now and explain what happened. >> sam and laura, he will talk to congress in about an hour or so right now. the big question here on capitol hill is why this happened. the u.s. top commander will be

under intense scrutiny in front of the senate armed forces. the security meeting coming up later on this morning. the u.s. top general in the region now says afghan troops on the ground ordered the air strike. this different from initial reports that u.s. troops were taking fire. >> an air strike was called to eliminate the taliban threat. >> reporter: 22 people including doctors and patients when the u.s. bombs destroyed the hospital in afghanistan. it was run by the organization, doctors without borders. >> we've directed our forces in the area to make sure that all civilians who need medical care know that our medical facilities are available to treat them. >> reporter: afghan officials say taliban fighters were shooting from the hospital. something doctors without borders says is impossible. >> like all our hospitals guarded by guards. the only people inside the hospital are patients, caretakers and staff.

>> reporter: the white house says, three investigations are in progress. >> expectation is that details won't be whitewashed as it will be a full accounting of what exactly transpires. >> reporter: the president wants changes to make sure this never happens again. and the city where this happened is the first major city that was actually taken back by the taliban since 2001. reporting live in washington, edward lawrence, back to you, sam laura. a team of federal investigators on their way to jacksonville, florida, where they'll try to figure out what caused a cargo ship carrying mostly american food sink. it was en route to puerto rico when it lost power and started taking on water late last week. the coast guard located a likely debris field. families of crew members say the crew ship went directly into hurricane joaquin and the captain should have waited until the storm passed. 5:14 right now. a controversial law that is as

controversial as there is. allowing doctors to help terminally ill people end their own lives. governor brown was initially convicted about it and signed it into law yesterday. california now becomes the fifth state to allow doctors to prescribal drugs to patients who expect to live six months or fewer. the face of this bill is that of cancer victim britney menard, the bay area woman that gained international attention when she moved to oregon last year to take advantage of that state's right to die law. california law will take effect next year. the city of san jose reportedly will need to go back to the drawing board to come up with a workable plan for ride sharing companies to operate at maneta airport. the mercury news reports a big sticking point keeping the new pilot ride sharing program from taking flight. the city is requiring federal background checks involving extra scrutiny like fingerprinting. until that issue is worked out, riding companies likely won't jump on board.

san jose airport is the onlier airport. with aviation on the brain right now, it is fleet week and each year the faa reminds pilots not to fly anywhere near the blue angels. >> i don't think it wants to. but this year the faa is also reminding drone operators the same rules apply. sign of the times, scott mcgrew. >> there is. so many drones. this could be an issue and you can see someone not thinking this through. what great video they would get as they flew a drone as if the blue angels were flying. doesn't take a lot of imagination to figure out how that could turn out really badly. so, no flying anything from the ground to 15,000 feet in the area around fleet week starting thursday night through sunday. one of the challenges the faa has and other rulemakers is communicating that ban to the drone community. pilots know this. they give a notice to airmen. it's an old-fashioned term. the 49ers also reminding drone operators, no flying over

stadiums. >> it's dangerous and illegal and, please, don't ever fly drones near wildfires. using a drone when they are needed most. the san francisco 49ers and the federal aviation administration remind you if you're flying a drone, make sure you know the rules before you. drones are fun to operate and they can capture amazing images, but they must be flown safely over people and crowds. you can't fly them near planes or helicopters. it's dangerous and illegal. >> there's a repeat of what he's saying. i suppose it was important that we heard it twice. she's no drone, the queen bee. let's turn to landon dowd live at cnbc world headquarters. good morning, landlandon. >> good morning, scott. the markets will look to extend their winning way following monday's big rally and futures are lower ahead of the opening bell. stocks surge adding to friday's gains with the dow having the best day in nearly a month. the nasdaq managing to close

down and 10% from recent highs. look for trade deficit and earnings from pepsico. the dow rising to 1676 and the nasdaq up 3. scott, back over to you. >> landon, microsoft will announce all kind of new hardware. showing off some phones a couple years ago. we expect microsoft surface the surface 4 and new windows phones. window phones never really count on. they count for 3% of american sales. the funny thing about the surface. microsoft's copy of the ipad. the ipad these days looking a whole lot more like the surface. know, keyboard and pencil and all that. >> interesting. >> i feel like you see the surface everywhere now. even the nfl is using them on the sidelines. >> they pay for that and they go out of their way to make sure you see it. >> it's working. >> all right. expensive advertising, no doubt. scott mcgrew, thank you very much. the forecast today and, you

know what -- >> it is nice. at least for now especially if you like the cooler weather and thenning to the end of the week, it is going to feel more like summer outside as you head to the pumpkin patch. let's get a live look outside right now. we are seeing the bay bridge and things are looking good as you head out the door. at least weather wise you can hear see a lot of people crossing the roads out on the bridge at this point. grab a light jacket before you head out. you'll not need it after the afternoon hours and it will be 58 degrees in livermore right now and 57 degrees in oakland and as we go hour-by-hour in livermore, here is what you can expect. bright sunshine. lower 80s and nice little breeze and mostly clear skies by 7:00. we're at 72 degrees at 7 and then eventually dropping back into the upper 50s and more clouds, again, tonight. looking at all the microclimates. gilroy a high of 80 degrees today. san carlos at 73 degrees and

fairfield 85, brentwood 84 and livermore up to 83 degrees. and, yes, it's fleet week. here's a look at that forecast for the next several days. upper 60s to lower 70s. more clouds moving in by sunday 1k37 70 degrees and columbus day 72 degrees as you tour the ships and a lot ofativities going on there. the weather will be holding up. but after a cool start to the week, we will have a warm finish as high pressure continues to build across the region. this morning, got the clouds and the fog, not so much as we head through the end of the week and you can check out that seven-day forecast at the bottom of the screen. let's check in now with mike who has been keeping an eye on the roads and the toll plaza. >> there you go, kari. we have the backup forming for the cashes. here at the bay bridge toll plaza. one of your critical bridges. the an easy drive over there at the toll plaza and still no backup out of the maze. some sort of debris in the area, but looks like traffic is flowing just fine heading towards the bay bridge. westbound we do have that crash.

one lane is open, west 92101 and the rest of urlanes are closed by an overturned box truck. sounds like they need a bigger tow truck to get that cleared. the rest of your bay moves smoothly and the tri-valley and the dublin interchange. back to you. it is 5:21. they risk their lives to serve our country. so, why have their calls for help been virtually ignored by the military? after the break, we investigate the california national guard.

at 5:23.

now to an investigative unit exclusive. they signed up to serve our country, but this morning is, has our country served them? >> several members of the california national guard say that answer is no. they talked with nbc bay areaya chief investigative reporter about the guard's failure to process critical paperwork delaying their claims for benefits. tony? >> imagine serving your country and putting your life on the line earning medals and accommodation. now, imagine needing help because you were injured in the line of duty. imagine having your calls for help virtually sit on hold for months and, in some cases, more than four years. that's exactly what happened to members of the california national guard. we talked with several and we conducted a deep dig into data provided by the california guards. the official term is a line of duty investigation. it could open the door from the military's version of disability benefits. we found as recent as 2013, the california guard had 1,300 overdue and incomplete lod investigations. a number that led the nation.

our analysis also found during the past six years, 73% of all completed lod investigations were late. not meeting the military's own required timeline. the guard says in recent months it has greatly reduced the back log of incomplete investigation. but we wanted to know why some members of the guard had to wait more than four years for an answer. but general baldwin has declined to answer our questions and the concerns of members of his guard. stay tuned. we intend to hold the general accountable for this break down. now, you can watch our complete investigation right now online at nbcbayarea.com. with the investigative unit, i'm tony kovaleski. >> tony, thank you very much. if you have a tip for our investigative unit give us a call at 1-888-996-tips or send us an e-mail tounit@nbcbayarea.com. dumping patientops t on the

streets of san francisco. sent dozens of homeless, former mental patients to san francisco with a one-way bus tickticket. yesterday nevada agreed to pay to settle that case. the city of san francisco filed a lawsuit back in 2013. the suit claimed the nevada hospital sent about 500 patients to california. 24 of them. patients were told to call 911 once they got there. coming up next, beaten behind bars. inmates claiming that repeated abuse by masked guards at a sonoma county jail. and the slow motion disaster. the rain has stopped, but the rivers are still rising. a live report from soaked south carolina, next. joining us. i'm s

and a good tuesday morning, rise and shine. thank you for joining us, i'm sam brock. >> stretch a little bit, too, i'm laura garcia-cannon. it's time for a look at that forecast and get your tuesday morning started with kari. >> all the clear skies across the bay area. some of us do start out with some clouds, though. something we haven't seen the past several mornings. it is 60 degrees now in san francisco. and 57 degrees in the east bay and here's a look at those highs and all the microclimates 78 degrees in the east bay. and the 76 degrees. 81 in the south bay. some of us feeling temperatures a few degrees warmer in the tri-valley today. a high of 83 degrees. it continues to warm up as we head through the week, too, i'll show you that coming up in a few minutes. let's check in now with mike.

it's about that time. metering lights on. >> all the lights here backed up. metering lights turned on right about now. tuesday a good volume hitting the bay bridge toll plaza. let's show you our map because we don't have any crashes on the maze or east shore freeway but two i am concerned with. a new one at marina down through san leandro and you still see some slowing headed from oakland and down towards the san mateo bridge. as you look at all your speed sensors, no surprises but west 92, a littling at the 101 interchange and one lane open and still trying to clear an overturned truck over there at a crash at the interchange. we'll track that and get very congested. back to you. >> mike, thank you. to a developing story. a deadly situation in south carolina. dire on several fronts this morning. it rained epically for hours and then it flooded and now a broken dam. actually, 18 broken dams. there are roads with entire sections just missing.

homes uninhabitable. people's lives changed forever and some in cases taken by the catastrophic flood. "today in the bay" dave wagn wagner is live. even though the rain has staupd, it's not of the woods yet. >> that's true. the water continues to rise and not recede, unfortunately, here. a dangerous few days. 11 people are dead in south carolina. and residents have been forced to flee at a moment's notice. from bad to worse in columbia, south carolina. after two feet of rain, dam breaches, flooding already hard-hit areas. >> we've got to get people down stream evacuated. if this dam goes, the 50,000 people are going to be washed away. >> not everyone is heeding the warnings. >> we don't want to have to come out and rescue and, much worse, we don't want you added to this innumber of fatalities.

>> reporter: with no other places to go, shelters are fill would family. water is not safe to drink and bottleder is in high demand. >> we have very little water pressure and what water we do get, we have to boil. >> reporter: in downtown columbia, fire trucks are pumping clean water into a hospital. travel is tricky and treacherous. 550 roads and bridges are washed out. >> the roads are still unsafe. a lot of them have been undermined by the flooding. >> reporter: when the water recedes, the suffering in carolina won't end any time soon and neither will the memory of this toric storm. classes have been canceled for students today, including 30,000 students at the university of south carolina. one bit of good news today, the sun is finally out today. kind of a bright spot in has otherwise been a very dark and difficult week around here. in columbia, south carolina, dave wagner, sam, laura, back to

you. >> talk about difficult. a pastor in south carolina waded out to retrieve a casket that had floated away from a cemetery. wayne reid said he was tired of waiting for someone else to do something. against the order of deputies he went in the water and pushed that casket back to dry ground. the family of the deceased is grieving enough and he didn't want them to hurt any more. happening today, attorneys for two inmates at sonoma county jail are filing a federal lawsuit claiming that they were among the groups of more than 20 different inmates who were beaten, abused and humiliated by deputies. >> kris sanchez joins us now and some of the allegations are very shocking, kris. >> as shocking as those allegations are, perhaps more shocking is the contention that much of this abuse allegedly perpetuated on more than 20 inmates on one day was recorded by the very guard that is accused of that abuse.

a santa rosa attorney who is filing the complaint on behalf of two of the inmates today gave us this information. his name of santa rosa. he said those beatings allegedly all happened on may 28th of this year. he is expected to elaborate on the letters he says he received from more than 20 inmates and the attorney claimed that more than 20 of those inmates were beaten on the same day, as i said, on the 28th of may. in one case. one inmate, in particular, was thrown to the ground, cuffed and beaten and he says that guards, some of them dressed in all black used a taser on him. then locked him in isolation, naked but covered in his own feces. now, a sheriff spokesman says these claims are baseless relacing a statement to bay city "the deputies were responding to the actions of a seemingly coordinated mass disturbance." that was a statement obtained by

bay city news group. by the time we received this information from the filing attorney and this morning, we have not been able to independently confirm those details. i got a hold of the attorneys and he suggested to call back 9:00 this morning. we will be at the press conference sedge wld for 11:00 today. but anything we get between now and then, we'll share with you this morning. sam? >> kris, thank you. very serious allegations. as we've reported, also problems at the santa clara county jail. we broke the story in august of an inmate beaten to death. three correctional deputies are facing murder charges as a result and the days that followed, five other correctional deputies were placed on paid leave. the sheriff department says there are multiple investigations under way right now. a developing story in the north bay where a popular hiking trail is now a crime scene this morning. deputies say a hiker's body was found last night with a gunshot wound. itened at the loma alta preserve in garfax. deputies saying a dog was found near the body.

so far the victim's identity is not being release npd trail and the surrounding area will be closed today as the investigation continues. this morning, we're still waiting to find out the identity of a woman found dead in golden gate park. police say she'd been struck in the head. passerby discovered the body near the blue grass festival. investigators say she was in her mid-20s to mid-30s and does not appear to be a transient. crews could resume their search this morning for a sales force employ who never made it home from a work function at a bay area lake. >> bob redell is live in livermore. bob, co-workers were hanging out at the lake when a man was last seen. >> laura and sam, 20 employees of the sales force software company out of san francisco they were out here in rivliverm on friday for a team building exercise. when the team started to head back to shore their boat started to take on water and everyone

jumped out and every one but for one person made it safely back to shore. that person did not make it back and 31-year-old i.t. contractor for the software company. the east bay regional parks district spent the past four days searching the lake who investigators fear drowned. the district says the captain of the privately owned boat could face only leigh life jackets that no one was wearing when the boat started taking on water at 7:00 friday night. they issued in the statement their thoughts for indugula's family. at 5:37. start eing today a new principa will over see the scharter

school. dr. william overton will take over as both principal and superintendent at spark charter school. this coming after a sexual assault investigation left three workers without a job last month. that includes jonathan chow who police say sexually assaulted a student. the school didn't know until after his arrest that almost none of the school's employees had been fingerprinted or background checked. it is 5:. the best closing the gap. later today, san francisco mayor ed lee plan to launch a new statewide initiative campaign focused on income inequality. specifics of the plan are not well known but san francisco and oakland have some of the highest hourly living wage totals anywhere in the nation. sponsored the san francisco measure that will push the minimum wage there to $15 an hour. kari hall has been watching

the forces at play on her radar. very calm the last few days. >> nice ask calm. we do need some rain. a slight chance we could see that towards the end of the weekend. i'll tell you about that in a few minutes. let's check out what is happening right now. 57 degrees in concord and napa and san jose is at 61 degrees as you get the day started. here's a look at where we're going this morning. gilroy up to 70 degrees and 68 degrees and a mixture of sun and clouds there and in the north bay and fairfield. 85 degrees. oakland 74 and pleasanton you're looking at a high of 84 degrees. i'll have the fleet week forecast if you're going to some of those festivities and, also, we'll take a look ahead to the weekend coming up in less than ten minutes. looks like we have better news for the peninsula commute. mike? >> we're talking about foster sigh city side of the san mateo bridge. volume picking up and that's why it is important that this crash on the map has cleared from the junction here. west 92 at 101.

took over half an hour and look at that. better flow of traffic there. we're looking at the south bay and peninsula with an easy drive right now. approaching the bay bridge. we have the metering lights on the toll plaza. no problems for the maze or for the east shore freeway but this crash and slowing here south 880 that's what's going on down into san leandro. a crash at marina boulevard and a other cars on the shoulder that is a destrakdz. there is your build out of the tri-valley and over here and oakland 880 heading down into that same area. you see that volume of traffic heading down towards that crash at marina. back to you. >> thank you, mike. it's 5:40. coming up, bed bugs be gone. bay area library opening up after bed sniffing dogs give the okay. the paw up. and unsportsman-like conduct in the world of fantasy sports. we'll take a look in business and tech today. >> that is an interesting story. carly fiorina shooting down

an article from "washington post" about her ethic and flailing bank account. we'll explain. got a tip for nbc bay area's investigative unit? call 1-888-996-tips or e-mail theunit@nbcbayarea.com. nbc bay area, we investigate. [female announcer] for thousands of local foster children,

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says tougher gun laws could help cut america's death toll from decision 2016. hillary clinton says tougher gun laws could cut american death toll from firearms by 10,000 a year and promises executive action to make it happen if she's elected. at a "today" show breakfast with savannah guthrie yesterday, clinton was able to push it off her e-mail scandal thanks to kevin mccarth damaging admission that the house benghazi committee was politically motivated. >> look at the situation they chose to exploit to go after me for political reasons. the death of four americans in benghazi. >> in the meantime, on the republican side, carly fiorina is now running its second in new hampshire and a third in iowa. yesterday she fired back at the "washington post" for a story she says took too long to pay back debt accrued during her failed senate run back in 2010. fiorina pointed out it's paid back now and many politicians take years to pay back their campaign debt.

several strong performances on the campaign trail and some missteps by other candidates have helped imflorida senator, senator marco rubio sentence to make it to the oval office. some say he is the favorite to win the gop nomination. hear from rubio himself coming up on "today" show starting at 7:00. a follow up. no moring your skin at the library. palo alto downtown library and two other libraries aren't in the free just yet. comes after the pests were found at the libraries. both were temporarily closed for treatment, but especially trained dogs are going to back at those libraries this week to make sure the bugs are gone for good. a noisy issue in one north bay city will now reportedly be decided by voters. some residents are tired of the sound of leaf blowers. city council members have been debating a ban not only for parks and commercial areas and also for homes. electric, as well.

yesterday the council decided to reject the ban and, instead, make it a ballot measure some time next year. draftkings orkings. a scandal this morning in the world of fantasy sports. >> scott mcgrew turns out employees at draftkings may have been cheating their own customers. >> it appears workers at both companies, laura, took a look at their own computers and figured out what paying customers were doing and built fantasy teams that would take advantage of that inside information. if you knew the lineup of tens of thousands of people's fantasy teams you wouldn't use the same lineup because you would have to share the prize. you would pick something very odd because if it worked out you would be the only winner. now, draftkings and fan duel had ruled against employees playing on their own system, but no rules on playing on the other guy's system and that's what they did. the big take away is that these companies have become huge

moneymakers and not particularly regulated. they kind of flew under the radar. they just popped up on regulator's radar. i should point out our parent company, comcast, has invested in fan duel. other news, shares in twitter jumped monday after the company announced its interim ceo jack dorsey will be a permanent ceo. good numbers all around monday. the nasdaq turned positive for the year. law professor and he raised a million dollars for his campaign and he's pressuring the democratic party to include him in the debate. he is an expert on interfreedom and also involved in the fight in berkeley. he's working for the city, laura, for free. speaking of berkeley, the city council one step closer to implementing their controversial plan. today city leaders are expected to slightly res have the ordinance before it goes into effect next month. the amount of radiation your phone releases. cell phone companies to court over the issue claiming it was a

violation of free speech and a federal judge recently rejected that claim. >> laura, no substitute for hard work or is there? getting all the benefits of exercise just by taking a pill. the unlikely idea is now taking a step forward. scientists say they have uncovered the mu yekular changes that happen in the body during a workout and provide a blue print for a sewed exercise pill. those pills could be used to help people with conditions that prevent them from working out. all right, before you eat that cereal this morning general mills recalling 2 million boxes of cheerios and honey nut cheerios. some of them may contain wheat even though they're labeled gluten free. be wary of boxes with better use by dates between july 12th to july 25th of 2016, if you have a need gluten free diet. >> so let's go out and work up a sweat. mike is pumping his arms

vigorously. >> we have to work out in between. when the video is on full screen we're back here working out. >> you might have the day forcard. another unusually cool day. >> nice and cool to start out and then bright sunshine and warming up this afternoon. as we take a live look now at san jose. mostly clear skies, but we'll start to see some clouds moving in and they will clear out, once again, to give us a sunny afternoon. now, as the seven-day forecast comes up at the bottom of the screen, you can see what the temperature trend looks like as we go into the next several days. and right now it is 59 degrees in the east bay and the peninsula. and the south bay at 61 des. here's a look at today's highs. 81 degrees in the south bay peninsula and 76 degrees and 78 degrees in the east bay. and the tri-valley today up to 83 degrees. while it will a touch cooler in san francisco with more clouds and a high of 68, a lot of festivities going on this weekend with fleet week. fleet week and tomorrow we will have some more going on with

u.s. navy band performing live and it will be 69 degrees. the air show practice on thursday, 71 degrees. and on friday, the parade of the ships at 11:00 in the morning and we'll have highs in the low 70s and also throughout the weekend, the air show is going on in the low 70s. some great weather. should be comfortable each and every day. after a cool start to the week, we will have a warm finish. after that area of low pressure slides to the east, we will still have the morning clouds and some patchy. especially along the coast. but this weekend, high pressure builds and it will heat up those temperatures between wednesday and friday. especially for the inland areas. but then as we go into the weekend, there will be another system moving in that could help cool us off. here's a look at the futurecast and what the clouds and radar could look like. we start to see a system moving in by friday and only picking up on a slight chance of rain and then scattered showers start to develop across northern california and it's not really picking up on much. but i hope as the days get closer we'll have a chance of

rain between saturday night and early sunday. so, i'll keep you up to date on that. a look at the columbus weekend forecast. it will be pretty warm on saturday. sunday is when the temperatures start to come down and on columbus day we're talking about mostly 70s and 80s all across the bay. mike has another heads up for the east bay. what's going on there? >> the same area where we have the early construction. that crew cleared and now the jam, once again. the off ramp past 98th and things are slowing down. slow down past that and the curve, look at your map. a crash that just cleared lanes a couple of minutes ago right here at marina boulevard. that's the better news. all lanes cleared and we should see some recovery style from oak l oakland and up at the top of your screen, the bay bridge toll plaza has your metering lights on. no deal but building out of the maze and the toll plaza. also slowing a bit for north 238 coming off the castro valley and behind me here an easy drive for

the tri-valley. we're expecting traffic to kick in closer to 7:00 and right now that burst of traffic 101 and live look shows you the volume of traffic right here at the 680 interchange. back to you. all right. some wonder why it took this long but you'll never need to worry about your supply, again. thanks to the newest high-tech beer fridge. it's a wi-fi enabled efridge made by budweiser. realtime beer supply updates. you can tap on your mobile phone. the fridge holds 78 beers for your and your friend. it displays how many beers are left and the temperature inside. it can order beer delivery for you. so far the efridge only in the testing phase and only available in california. >> bring your buds to monitor. coming up next, a body and an empty life bolt. th . that is all crews found of a

cargo ship that is believed to ha ha have

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california national guard that answer no. chief investigative reporter tony kovaleski about filing critical paperwork filing their claims for benefits. >> good morning. imagine serving your country earning medals and accommodat n accommodations. now, imagine needing help because you were injured in the line of duty. imagine having your calls for help virtually sit on hold for months and, in some cases, more than four years. that's exactly what happened to members of the california national guard. we talked with several and we conducted a deep dig in the data provided by the california guard. the official term is a line of duty investigation. it can open the door for the military's version of disability benefits. we found as recent as 2013, the california guard had 1,300 overdue lod investigations. a number led the nation. our analysis also found during the past six years, 73% of all completed lod investigations were late.

not meeting the military's own required time line. the guard says in recent months it has greatly reduced the back log of incomplete investigation, but we wanted to know why some members of the guard had to wait more than four years for an answer. but general david baldwin had declined to answer our questions and the concerns of members of his guards. we intend to hold the general accountable for this break down. now, you can watch our complete investigation right now. it's online at nbcbayarea.com. with the investigative unit, i'm tony kovaleski. >> if you have a tip for our investigative unit, give us a call. 888-996-ips or send us an e-mail to theunit@nbcbayarea poi com. investigators are on their way to jackenville, florida, where they will find out what caused a cargo crew to sink. it was en route to puerto rico when it lost power and started

taking on water late last week during hurricane joaquin. the coast guard located a debris field where the ship went under. families of crew members say the ship went directly into hurricane joaquin and the captain should have waited until the storm passed before proceeding. president obama said he's headed to visit umpqua community college where nine people were shot to death last week. he'll be there to hawner the victims. the president has voiced his frustration over the mass killing saying congress has failed to pass stricter gun control restrictions. yesterday some students, faculty and staff were allowed ba eed os to pick up belongings that they left behind during last week's shooting. a popular trail turned crime scene as a hiker is found dead a gunshot wound. scalings accusations of prolonged abuse put more deputies on the hot seat. still holding out hope.

a salesforce employee waiting to hear about the fate of their co-worker who vanished at a company event. "today in the bay" starts right now. very good tuesday morning to you, thanks for joining us. i'm laura garcia-cannon. >> we start off your tuesday morning and go to mike inouye and kari hall who has your microclimate forecast. >> comfortable after a school start and morning clouds. afternoon sunshine expected, once again. temperatures near normal for early october. 61 degrees is the current temperature now in san francisco. heading up to 68 degrees. few more clouds than yesterday and 78 degrees in the east bay peninsula. up to 76 degrees and it be warmer in a few inland spots. i'll talk about that and a big warm up in time for the weekend. that's coming up a little bit later. mike is tracking a few traffic incidents on the roads this morning. what's going on? >> you know, kari, this is the

second stretch. from 98th where we're starting to hit the brake lites down past marina. let's show you the map. a crash in lanes at marina and that was quite a slow down there. they've cleared the big rig and a number of other vehicles to the shoulder. still a big distraction as crews are on scene and that is the slow drive have heading down towards hayward. by the time you reach 238. things are clear. you have that flow a little earlier than you expect. the rest of your approach towards the bay bridge in the opposite direction moves northbound for west 80 we have slowing off the maze. move your map out because nothing really unexpected for that portion of the bay. south bay things are slowing down for 101 and 87 through san jose. back to you. at 6::00, developing right now a popular bay area trail is closed this morning as authorities comb the area for clues after a hiker was found shot to death last night. >> the investigation is under way right now with the loma alta preserve at