the hospital after something goes wrong at a popular and ritzy hotel in palo alto. the strange smell that could be to blame. "today in the bay" starts right now. and a happy halloween friday. thank you for joining us, i'm sam brock. >> i'm kris sanchez in for laura garcia-cannon. we want to get right to your forecast because we know you have big plans this weekend. >> yes, big plans taking the kids ow, trick or treating and just enjoying the warmer weather. whatever you have planned this weekend, it will be nice. and we have some rain in the forecast on sunday as you step out now getting this work day in. we will have temperatures in the upper 40s to lower 50s. stepping out and warming up into the 70s and 80s this afternoon. in the north bay expect a high of 86 degrees and mike has a heads up for you if you have to cross the san mateo bridge. >> i have been watching reports of a crash coming over to foster city. no problems here. check out the flat section over in the distance and on our other

camera, that's clear, as well. we'll take a look at your maps and cleared that now in the last couple of seconds from the map because we have been watching everything smooth. that is a great new update for folks there. the dumbarton bridge no problems and the rest of the bay looking at speed including the bay bridge toll plaza and the earlier crash blocked things up on 205 and now everybody is coming in towards livermore. >> thank you very much, mike. new details now. a well-known peninsula hotel at the center of a hazardous material investigation this morning. this after a strange smell forced guests to stay in their rooms and sent a dozen others to the hospital. we brought you this story last night as breaking news. all of it happening at the westin hotel in palo alto. bob redell is there right now and, bob, do investigators have any idea what that smell might have been? >> no, they don't. not as of yet, chris and sam. the firefighters still do not know what caused this suspicious

odor in the parking garage in the westin hotel here. but the fire department is confident this property is safe. a hazmat team responded around 10:30 last night and guests started complaining about some sort of irritant in the air. whatever the smell was, it got so bad that as you mentioned, 12 people ended up in the hospital while the rest of the guests were asked to shelter in place. >> leaving for dinner tonight around 9:00 p.m. a couple guests refused to check in and caused a little bit of commotion and kind of ignored it until we drove back from dinner and saw all this craziness going on and just waiting to get our stuff back to check into a different hotel. >> the fire department cleared the scene and deemed this hotel is safe. they still, again, do not know what caused this irritant, but they believe it has dissipated and still no word on the condition of those 12 people in the hospital. but we have reason to believe that they are going to be okay.

reporting live here in palo alto, bob redell, "today in the bay." one man is in the hospital and another man is in jail after a fist fight in an otherwise quiet san jose neighborhood that turn under to a stabbing. it happened just after 7:00 last night near the corner of mohave drive in the valley. police say the men were fighting in the street when one man then stabbed the other several times. the victim is expected to recover. it's not yet clear what they were fighting about. chris, we're learning new details about the man shot and killed at a house party in santa clara this past weekend. investigators identify the victim as mario hernandez. a 22-year-old who moved here from mexico two months ago. while police say the shooting was not random, they have not said much about a suspect either. that attack happened near crystal drive, less than a block away from wilcox high school. hernandez's death is the first homicide in santa clara since

2011. a major drug bust on the east coast with bay area ties and now a san francisco dentist is one of three men accused of running a cross country smuggling operation. "today in the bay" stephanie chuang is live with what authorities found that goes beyond what you would find at your dentist office. >> the 63-year-old dentist does have a practice here in the city in the mission. he is behind bars charged with criminal sale of marijuana, as well as conspiracy. take a look at the picture provided by prosecutors for what police say jerome weitz had on him. and more than $10,000 in cash when they arrested him monday in an apartment. he was on the way to making an exchange for cash, according to court documents new york undercover detectives had been tracking two other men for illegally selling marijuana

going back to april arresting both of them monday. police say one of them had their cell phones confiscated and text messages with weitz setting up a drop. he is the founder of mission health and according to the website, again, he founded it. there is a video page that was used to feech ature a video describing weitz talking dental use to cannabis use. the caption reads in part, we want patients to know how important it is to seek regular dental checkups if the patient smokes marijuana. weitz was taking over a smuggling operation between california and new york after his son, joshua, last year was arrested in a similar sort of undercover operation in new york. he's currently behind bars in new york. live here in our san francisco newsroom, stephanie chuang. >> thank you for following that. 5:05 right now. a san francisco family pleading for answers after their loved

ones vanished in london. family members say they have not heard from josh sanchez in over a week. he works as trader and he was in london for a job interview, but he never made his return flight home. his father says that the trip was his first visit outside the u.s. london police say that he was last seen leaving his hotel. it is 5:06 right now. we want to get to a forecast that includes rain, but not for halloween. >> yeah, a lot of people asking that because we'll all be outside and trick or treating and going to parties. just celebrating and then we'll have that rain on sunday, which is great news. great weekend all around. that's now cool in the upper 40s to lower 50s. expect highs today in the 70s and 80s. embarcadero at 72 degrees and 86 in napa and 79 in oakland and 87 degrees in livermore. these temperatures are warmer than average. it's going to get much cooler heading into next week behind that rain. i'll talk more about that and what to expect coming up a

little bit later. let's see how it's looking with the morning commute now with mike. >> kari, very pleasant for the morning commute and it's friday. we're expecting a lighter volume of traffic and a good flow and going through treasure island tunnel and over towards san francisco. that's your commute direction. we'll look at your map and your commute is not showing any slow downs for the sensors. eastbound 24 we have your traditional slowing as crews move through that area and a crash westbound highway 4 not on the freeway, but that distraction and the build that typically happens there now starting to show a little slower through antioch. no real issue as we move your maps down. smooth drive from the san mateo bridge and northbound direction moving very well and we're looking at a slower sensor read over here for 280 and that typically happens around now. we'll send it back to you. a follow up now and it turns out that repairs to that big sinkhole on alvarado and union

city will continue. at this point it seems indefinitely. the sinkhole opened more than two years ago and crews say the problem sprang from a ruptured water main running near a sewer line. repairs to the sewer line have been very difficult and the intersection, though, is open, again, but one lane in each direction will remain closed until that work is finished. >> talk about the water lines there. how about coming up there, water shaming in the east bay. new water wasters revealed notable mains at the top of the list. coming up, san joser high schooler makes good. we'll show you all about it coming up in business and tech. >> no government shut down. that doesn't mean everybody is happy. why both sides of the aisle are probably feeling a little grumpy this morning about the budget approved overnight. 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. =sam/2shot= burning the

midnight oil.. the senate worked overnight to get the vote -- and succeeded just 5 hours ago. a all new this morning burning themoid night oil the senate worked overnight to get that vote and they succeeded just about five hours ago. a two-year deal headed to the president's desk. >> tracie potts is live in washington. tracie, not everybody is happy about it, but we won't hear the bickering for two years, do you think? >> exactly.

i was just looking at a statement we just got in from the white house. president obama saying he applauds the democrats and republicans who came together to get this done. he says it will strengthen the middle class and remind washington that they actually can still work together. now it's a two-year budget deal plus extending our borrowing limit. so, more spending and more borrowing at the same time that's why republicans don't like it. ted cruz came off the campaign trail to talk on the senate floor for about an hour and a half on this. so did rand paul. also marco rubio who has been accused of missing a lot of votes. 18 out of 19 this month was here for that vote. but, their opposition failed. it is now a done deal on capitol hill. passed by the senate, passed by the house and headed to the president's desk where he will sign it. the next hurdle are appropriations bill. the budgeting how much we plan to spend is one process. actually authorizing some of those expenses totally different

process. 12 appropriation bills that need to get passed before the end of the year. >> so you say maybe some bickering, wink wink. thanks. now to decision 2016 and the republican presidential candidates are looking at debate format changes. this comes after a clash with cnbc moderator just two nights ago. the candidates say they want more exchanges between each other at the debate. donald trump suggested the moderators should be republicans. ben carson also not happy with how the debate was handled. >> what it has turned into is a gotcha. that's silly. that's not really helpful for anybody. >> despite his performance in wednesday's debate, jeb bush insists his campaign is not over. >> starting to look like it's life support. the next democratic debate is going to feature hillary clinton against the man who knows by feel the burn, bernie sanders. >> scott mcgrew, that ignores the other two candidates in the

race because maybe they don't have -- >> they don't have good bumper stickers and nobody can remember who they are. i can't say much about o'malley other than he was the governor of maryland. at least among liberals. he volunteered his time to represent berkeley in that cell phone labeling case. he's a harvard profess and raised more than a million dollars and qualifies for federal election matching funds. but he wasn't in the last debate and won't be in the next debate in des moines. a lot of bloggers are pushing to inlessig in those debates. you may recall new laws restrict what the nsa can do as far as tapping into your phone calls and your data. those laws have been passed, but they haven't taken effect and privacy advocates have been pushing saying the courts insist other spy agencies do know that they will be required to do

later anyway but the courts so far have said, no. let's check your news before the bell. landon dowdy is live at cnbc world headquarters. good morning. >> hey, scott, good friday morning to you. the friday look to end october on a high note. stocks on track for their best month in four years. personal income, consumer spending and consumer sentiment all out this morning and earning from exxon mobil and the markets are a calmer day of trading after fed day ending the session with small losses. the dow down 24 points. the nasdaq down 21 to 5074. scott, back over to you. >> yes, i'll see you monday. sam, i encourage you to pick up the latest copy of "popular mechanics." i know chris is already a subscriber. here's the cover. inside you find a short article about mia varma a high schooler in san jose. made her medical device using a

3d printing unit and a bit of electrical engineering and goes to presentation high school. hats off to her for making "popular mechanics." if she sounds familiar because she was featured in bay area cloud series where he takes a closer look at the happier side of the news. so, it's always great to see young people succeeding in silicon valley. >> and girls, too. >>, as well. >> go, girl. >> as soon as you brought the girl up the first thing i thought of was garbin thomas. he's already done it. that's what he does. thank you very much. a small victory for a group of conservationists. we'll talk to you more about that coming up here in our next half an hour. this is actually about water shaming, the video that you're seeing right now. a new list of water waisters out there and notable names on the list. do you see that kate suriyakumar is running a water company and tops the list of number one

water wasters. uses 196 gallons a day. that represents 38 times the use of the average customer. other names on the list, notable ones. former ceo of safe steven burd in alamo. number 42 on that list is a former warrior star adonal foyle. shaming the heaviest users to see if that works. >> i am hoping that will work at my house because kids are aware of water conservation and i let you know, you guys have to watch. showing people who are using water and i do not want to be on my own station. >> how much water are your kids using? >> well, you know, you forget to turn it off. i find it. >> a lot of water going down. >> at least they're brushing their teeth. >> hopefully we'll get some rain so that we can turn off the sprinklers and all of that stuff. really, we need the rain really bad, especially as we head into

the wetter months of the year and it's been so dry. as we take a live look now, this is an bruno mountain san francisco, it's all clear this morning. skies clear. we'll have a lot of sunshine throughout the day, actually, much warmer than average. of course, that's the trend, too, we've been seeing with the lack of rain. temperatures really heating up. but at least it's cool this morning. upper 40s to lower 50s and go hour by hour in livermore. a lot of today and mostly clear skies and 50 degrees at 6:00 this morning and then as we go through the day those temperatures going up very quickly. we'll be at 76 degrees at lunchtime into the low to mid-80s as we go into the afternoon and then dropping back down tonight with mostly clear skies. tures warming up. high pressure just to the west of us. it's bringing in a northerly flow and we always have a clockwise flow around high pressure. so, with the north and northwesterly wind throughout the day, our temperatures will be warming up, but some relief coming. by sunday we'll have a cold

front and bring the chance of showers out ahead of it and possibly some showers, too. that could cause some snow showers in the sierra. still moisture left over. as far as how much rain we could see in the bay area, possibly a tenth of an inch. some of us getting maybe a quarter of an inch. that would be great. of course, we need more than that and we'll take a little bit at a time as we get it. let's see how the roads are moving now with mike. >> we'll take a little bit at a time because we don't want too much at the same time. that's bad for traffic, as well. we're looking over here. eastbound 580 and getting report of a big rig fire. it sounds dramatic but sounds like the driver of that big rig has called it in and said something popped off, he heard maybe a tube busted and a small fire. it sounds like everything is under control control, but we'll track that we want the safety of the driver and the rest of the roadways. one lane blocked and no slowing shows up on our censors rp.

now, the crash over here, highway 4 affects the westbound commute direction. antioch shows you usual slowing and no drama and no problem towards that bay bridge and a smooth drive at the toll plaza itself. just a couple cash payers waiting. back to you. >> all right, thank you very much. coming up, an animal abuse lawsuit against six flags discove discovery kingdom but who is making the accusations might surprise you. ♪

♪ ♪

exclusive: ==kris/ots== a 4 year old girl is nearl and now to an investigative unit exclusive. a 4-year-old girl was nearly killed while in foster care despite multiple reports of abuse. and now that little girl's mother is speaking out to nbc bay area, hoping to save other foster children from the same suffering. the investigative unit learned that the agency in charge of protecting this child and hundreds of uth in foster care in the county has a history of abusing, rather ignoring abuse reports. an audit of the santa clara department of social services revealed it failed to answer 41% of the calls that came into its abuse and neglect hotline. dss leaders refused to answer questions about what the agency is doing to improve those numbers. meanwhile, this mother says she wasn't the only one who tried to alert social workers about the serious injuries she saw on her daughter's body. >> more than 100. >> you had more 100 photos.

and what, what was in the photos? >> bruise, bites, marks. somebody choking her. >> without exposing this type of behavior without exposing this type of failure, the law doesn't change and neither does the procedure. >> all the latest reports show that some abuse calls are still going unanswered. what county leaders say they're doing in the second part of the investigation tonight at 11:00. if you have a tip for our investigative unit, give us a call at 1-888-996-tips or send an e-mail to theunit@nbcbayarea.com. animal abuse and unlawful termination. the animal care workers have filed a lawsuit against six flags in vallejo. in that lawsuit the employees

say that the water dolphins are swimming in at the parks is dangerous, even deadly. they say when they raise concerns about the water and other animal issues to management last year, they were fired. >> this lawsuit just confirms what we know is going on with the abuse of the animals at six flags. this is the tip of the iceberg. >> last year two baby dolphins died at six flags. a usda inspection in may of 2014 says these two dolphin calf deaths and the chronic problems and other dolphins with respiratory issues and eye problems and fungal infection is all to the water quality problems in the system used throughout the facility. six flags has not returned our calls yet, but told a court publication that the conditions at the park are safe for animals and that that lawsuit is without merit. coming up, a drug sting operation with ties to the bay area. the san francisco dentist accused of running a cross country marijuana smuggling

operation. plus, a mystery smell ends up sending a dozen people to the hospital in palo alto. 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] if the most challenging part of your day

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joining us. i'm kris sanchez in for laura garcia-cannon. >> i'm sam brock. that forecast heading into your weekend on this prehalloween friday. is it ghoulish or looking good? >> looking absolutely perfect across the bay area. not only will we have dry weather on halloween, but rain on sunday. so, i'll detail that coming up. let's take a look outside right now. temperatures in up thor 40s to lower 50s. all clear skies and we're looking at highs today, warmer than yesterday. these temperatures well above average. reaching 86 degrees in the north bay and san francisco. expect a high of 72 degrees. i'll give you a look ahead to the weekend coming up. let's check in now with mike who has been tracking a problem for the castro valley. >> castro valley a report of a big rig possibly on fire and the fire is gone. it's not on fire. that's better news. over on the shoulder east 580 at even canon road and towards the dublin grade and a dublin

interchange and towards 92 and 880 with a smooth drive, as well. going across that san mateo bridge. we have reports of a tire in lanes. let's get a look at our foster city camera. traffic pretty light through the area and a101 back to the maps and you may find that tire debris and no concern for speed or the rest of the. back to you. >> all right, thank you very much, mike. new details now on a dangerous sting that forced people from their hotel rooms on the peninsula over night. what started as a strange smell for guests turned into a hases material situation for emergency crews. we brought this to you as breaking news last night, but now we know a dozen people were rushed to the hospital. this happened at the westin hotel in palo alto which is right crass from stanford, university. >> bob, the area is clear, but an investigation still ongoing this morning as they try to figure out what caused the smell. >> sam and chris, the palo alto fire still not figure out what

this irritant was but whatever it was, it has dissipated. guests here at the westin hotel started noticing a suspicious smell. this was around 9:00 last night and could tell it was coming from the park garage. someone finally called 911, that was around 10:30. a hazmat team arrived and told guests to stay in their rooms why they tried to figure out the source and take care of the people most afecked by this. medics transported 12 people to the hospital. >> kind of causing a scene. one lady was covering her nose and mouth and i thought they were being ridiculous but apparently a bigger issue than i thought it was. >> firefighters cleared the scene shortly after midnight. based on the information we received from the fire department, we expect or have no reason to believe that the 12 people transported to the hospital will not be okay.

reporting live here in palo alto. bob redell, today in the bay." a dentist who is more interested in dealing dope. a san francisco man facing allegations of running a major cross country marijuana transportation business. stephanie chuang joining us live and proclaimed a pot head friendly dental office which carry more meaning than what some folks thought. >> the website for the dental office apparently used to have a video targeting marijuana smokers, recommending and reminding them of the importance of checking up. but that dentist this morning, 63-year-old jerome weistz is behind bars in new york. undercover detectives have been tracking two other men for illegally selling marijuana going back to april arresting both of them on monday. now, police say one of their cell phones hadt messages with weitz setting up a place and time to make an exchange between drugs and cash and some of it is

pictured here. police say weitz had some of them on him when they arrested him monday in an apartment. at least ten pounds of marijuana 11 vacuum sealed plastic bags and more than $10,000 in cash. now, weitz, according to the website, is the founder and leader of mission dental health. on the video page on the website while it used to feature a video that described weitz talking about the relationship of dental health to cannabis use. the caption reads in part, we want patients to know how important it is to seek regular dental check ups if the patient smokes marijuana. you can see that at the bottom of your screen. an empty video link now. detectives saying that weitz was filling a hole after his son, josh joshua, was arrested last year in a similar undercover operation for illegal sale of marijuana. he is behind bars in new york now. live here in our san francisco newsroom, stephanie chuang,

"today in the bay." the fight is not over between a roanoke park man and a police officer. a two-month investigation that started by a video that went viral. the officer seen here in video that we showed you months ago getting out of his patrol car and pulling out his gun didn't do anything wrong. the officer says he was in the area to on parking violations and then things quickly escalated between him and the man behind the camera. this all happened back in july. the man's lawyer filed a claim against the city yesterday calling this encounter harassme harassment. >> the actions of the officer were so egregious that we felt that we had to look into it. >> now the lawyer expects that this claim will be rejected by the city since the investigation is now closed. but if this happens, he plans to file a lawsuit on his client's behalf. a new lawsuit contends that

a female carjacking suspect shot and killed by emery ville police officers was not facing the officers when she was killed. even though police have said otherwise. officers shot 38-year-old yvette henderson back in february. she tried to carjack three drivers before pointing her gun at officers. her family is suing for damaging citing the coroner's report saying she was shot in the back and side only. the family's claims that henderson never even raised a gun. he believes surveillance video exists that will strengthen his case. a kiss on the cheek, but one gay couple from california says it led to them getting thrown in jail. the couple is now suing the honolulu police department after they say they were arrested while on vacation back in march. the couple was being affectiont, they say, in a grocery store & when an off-duty police officer yelled at them to stop. >> we were holding hands and i

was kissing her cheek. we were just kind of in shock that it all happened. >> now the women say the officer grabbed one of them by the arm and that's when a scuffle ensued and the women eventually ended up in jail, charged with assaulting a police officer. 5:36 right now on your friday morning. the oakland raiders at 0.co coliseum or move farther south? a question that is basically hanging over this raiders' fan base for koppcop a couple of ye. is the nfl actually listening? >> oakland is home. just stay, baby. >> some 450 members of raid er nation filled paramont theater last night pushing to keep the team in the bay area. right now a proposal on the table to build a joint stadium with the san diego chargers. a plan these fans hope to sideline. >> we have gone to meetings and city council meetings that you were absent at and thank you for

coming here because this is your first meeting. >> we have been trying for the past six years. every day, hundreds of hours and this organization and the people who work in this organization trying to get something done here in oakland. >> mayor libby shaft had a meeting with nfl officials and the raiders' owner. so far no word on what they discised. happening today, may be a make or break day in a contract dispute involving teachers. the san lorenzo school district is locked in a contract stalemate. stoe supporters last week broke up to air their concerns. today both sides will meet for mediation. teachers say if an agreement is noted, a strike could be their only alternative. it's 5:37 right now. santa rosa is greenlighting a plan to offer more shelter to the homeless during winter months. approved a pilot program that allowed the owners of public meeting places to utilize their

facilities for beds and similar features that includes clubs, lodges and city halls. active from november through the end of march any owner who wants to help must have their location inspected first. the cause of the shigella outbreak could remain a mystery forever. health officials say one employee at marisco san juan number three tested positive for the bacteria but they that person got it from eating food contaminated at the restaurant. the other workers all tested negative. six counties now report cases that are numbering near 200. 94 of those are confirmed to be shigella. officials are still investigating. vulerro will cough up $200,000 for violations at its refinery. back in 2012, the bay area air quality management district cited for numerous violations including exceeding emissions limit, vapor leaks on storage

tanks and clerical errors that led to inspections. workers corrected all those violations once they were discovered. now a small victory for a group of conservations hoping to restore the valley. the group is suing san francisco to force the city to remove the dam that first turned the valley into a reservoir back in 1923. the group restore hechetchy to move the case back to san francisco and is it instead will be heard. no word yet on when that case might be heard.  >> we're trying to restore our water supply here in california. maybe not this weekend, for halloween. >> not for halloween, but sunday maybe. >> sunday is looking little bit better as far as the chance of rain. maybe a little bit more than we had just a couple of days ago. we take a look outside right now, all clear. and cool, too.

our temperatures in the upper 40s to lower 50s. we'll be warming up today. expect highs in the low 80s in the south bay. the peninsula will stay in the 70s in san carlo 77 degrees in san francisco on the embarcadero will be 72 degrees and 86 degrees in napa. oakland will see a high of 79 degrees and 87 degrees in livermore. yes, we could see some rain on sunday. i'll detail that and how much we need it. that's coming up a little bit later. let's check in now with mike tracking a few problems as you head out. >> yeah, kari, the better news is that the castro valley truck fire is not a fire and the truck is on the shoulder. that's good for eastbound 580 and eastbound 580 with the headlights. we're seeing a little slowing on the live shot and on our speed sensors. just through dublin out of livermore and, of course, typical pattern and friday being friday, a little bit lighter, too. as we move the map out, no drama. a little blip here for san jose. at this time volume right at 680

and no problems across san mateo or the dumbarton bridges. 5:37 and seven minutes later and the build up is there and only goes back past the 880 overcrossing. back to you. >> thank you very much, mike. up in flames, a passenger plane catches fire moments before takeoff. we hear the panic people trapped onboard. next. we will give you some good new physical you fly out of sfo. stick around and watch it. scott mcgrew never one to run away from a good halloween costume. are you ready for a good spooky halloween? the science behind the fear factor. why some people thrive on thes while others opout. got a tip for nbc bay area's investigative unit? call 1-888-996-tips or e-mail nbcbay area.com. we investigate.

new video now. knives, gun, fear. this is our first look inside the bloody biker brawl in waco, texas, earlier this year. we know nine people were killed there and 18 others hurt when hundreds of bikers got into an alleged gang fight. gunfire broke out at the territory where the gangs clash. this is surveillance video taken during and after the gun fight. about 170 bikers were charged

with participating in organized crime tied to capital murder. police are still investigating that incident. >> kind of chilling. like a survival training exercise there. a near catastrophic scene uning at the ft. lauderdale airport yesterday. a passenger plane caught fire moments before takeoff. this morning, we're hearing from the panicked people left trapped inside of that plane. >> what goes through your mind, you know, two seconds or not. more than 100 people were onboard when the crew reported seeing fuel leaking yesterday. soon afterward one of the plane's engines did catch fire. >> like smoke all over the place. so, we got out and started running through the grass. >> of the folks onboard that flight, there was supposed to go to venezuela, only 15 people were injured. most during the evacuation.

>> terrifying. back here at home virgin america is doubling down in san francisco. scott mcgrew's favorite airline and already the home town airline. >> the company has been looking around at how busy sfo has gotten, particularly with the big doubler airplanes coming in from overseas and saying it will add flights and destinations. its ceo says says it's the strongest market in the u.s. for airlines. 53 virgin america flights leave sfo day. a blogger reporting that t-mobile will make a huge announcement 11 days from now saying it will not count netflix and other against data use. in other words, watch all the movies you want and we'll find out at the apple-like announcement early next month. a downside to this, a cautionary tale and we'll talk more about it at the 6:00 hour. apple wants the supreme court to look at the price fixing case. apple was found guilty of

conspiring to manipulate prices of ebooks and they just filed an appeal. today is the last trading day of october. the best month for the stock market in four years. linkedin stock should do well today. and you remember the story you ran it yesterday about china changing its one-child policy to a two child policy. i completely botched this one. i missed something so obvious i am kicking myself. china is going to double the purchase of baby products. if i could get my delaurean i would go back and i would tell you baby products are going to do very well on yesterday's stock market. >> did that happen? >> yes! think about it. largest market in the world for anything. they doubled the number of children they're to have. >> what companies were jumping? >> i mean things like gerber and graco and anything. baby wipe company. yes. >> pampers.

>> hindsight is 20/20. >> i used to have -- i might ask sam this time. >> i'm not sure that is a great idea. santa cruz police are preparing for thousands of halloween rebelers tomorrow night and they say if you break the law, youer be prepared to pay up. triple fines across the city and for the 15,000 people who are expected to hit the downtown area. that means maximum enforcement for misdemeanor offenses through the weekend. that means if you are caught with an open container of alcohol, your fine will be $480. if you litter in santa cruz, you will get a $288 ticket. if you get too noisy, that will you $576 and a lot of dirty looks. >> you don't want those. lots of noise coming in those haunted houses. you know that, right? during the holidays and during the halloween holiday a lot of people love to watch scary movies. >> i don't want to watch this,

again. is it good for you? what makes people choose to be scared. haunted houses like this one. former state penitentiary in philadelphia also very popular. researchers, though, are examining the science behind the fear factor. they say heart pounding horror isn't as bad for you as you might think. >> it seems sort of counterintuitive that we would look to do and embrace things that are actually fearful. some of it has to do with a release of a chemical in the brain called dopamine. for some it creates a pleasurable sensation to be scared and that sense of reward encourages people to go back for more of the same. >> clearly, i don't have dopamine in my system. health experts do say that er visits tend to go up in october to often minor trauma like heart attacks and people passing out because they're scared and people running into things. people do say if you're in a haunted house and feel faint, sit down. or opt out. yes. because if you sit down in the

middle of it, you're stuck in the middle of it. >> with the guy with the chain saw. >> you okay? are you okay? >> but that may explain, too, why amusement parks are so popular and those crazy roler coasters. they just keep getting more and more extreme. >> we like the rush. >> i like those. not the scary stuff. i'm rushing over this cast. i love the fact that we do have some rain because we desperately need it. as we take a live look from san bruno mountain towards san francisco. a clear start to the day. the camera shaking around. a little bit of a breeze there, too. looking back at how much rain we've had. in san francisco, we've only been able to get absolutely nothing in the rain bucket this month. the average amount is almost an inch. as far as how much rain we had throughout the year, we are lacking nearly 12.5 inches of rain in san francisco. a look at the rainfall averages so far this month in san jose. we've had 0.03 and we are

supposed to get about 0.75 for the year. we're down over 7 inches of rain. take it to the north bay. in santa rosa, so far, 0.09 and you should be getting over an inch 1.75 we are lack over 17 inches of rain for the year. we desperately need some of the showers to roll through for at least the latter part of this weekend. it will be warm and dry over the next couple of days and kind of heading in the wrong direction with this high pressure moving in. but a cold front will be dropping in on sunday. out ahead of that, it looks like we could see some scattered showers and, of course, with every run of the computer model it shows the rain chances drying up. of course, we could also see some snow showers for the sie a sierra. that at this point looks consistent. as far as how much rain we could see, it will be great to get this. at least 0.1 and maybe 0.2 heading towards 0.25 between sunday night and monday. we'll keep you up to date on that. looking at this weekend's forecast, it will be warm.

so, keep that in the halloween plans that it could be in the mid-80s in the tri-valley, but cooling off on sunday. how is it looking on the roads now, mike? >> kari, we're looking just fine now. this is bay bridge toll plaza that is backed up as far as the lanes are considered. it is friday, lighter flow of traffic. as we look at our map, earlier a couple of issues and all cleared from the chp report as far as anything major. just got a new crash 88 university bad spot on the shoulder that is the initial report. this distraction will cause more slowing coming off of the golden gate field and down towards university over the next few. as we move the map down. typical slowing down through hayward and 880 and by the time you get to fremont, you're back at speed. only still right around 101 in san jose and new incident for 237 and on what chp has for us over there and peninsula south with the taillights down into mountain view. easy drive out of palo alto. back to you. distraught foster say they try to do the right thing.

>> understand why this happened and why they let it go on over and over. >> we investigate the failures to protect a little girl and what ended up saving her.

they are the most vulnerable among us. children taken away from their parents and then placed in the care of foster homes. investigative reporter vicki

nguuyen has what happens. >> why multiple social workers responded to reports of abuse and did nothing to help until she nearly died. over a period of 11 months, we counted at least eight times that teachers, therapists and caregivers contacted the santa clara department of social services to report abuse of a toddler. the concerns range from two black eyes and burns to scratches and bites on her body. each time social workers investigated they concluded the abuse allegations were unfounded. the girl was finally rushed to the emergency room where a doctor said was severely battered and could have died. the district attorney is now charging her foster guardians with felony child abuse and felony child torture. they have all pleaded not guilty and declined to comment. the department of social services won't answer any questions about its policies for

responding to child abuse reports or how it trained social workers. you can see our full investigation right now on nbcbayarea.com and tonight at 11:00, a comprehensive audit reveals how many abuse calls go unanswered by the department of social services and accusations the department is properly failing to screen foster homes where these children are placed. guys? >> if you have a tip for our investigative unit, give us a call at 1-888-996-tips or send an e-mail to theunit@nbcbayarea.com. claims of animal abuse and wrongful termination are coming from two six flags discovery kingdom employees. in that lawsuit, the employees allege that the water dolphins swimming at the parks is dangerous, even deadly. they also say that when they raised concerns about the water quality and other animal issues to management last year they were fired. >> this lawsuit just confirms

what we know is going on with the abuse of the animals at six flags. this is the tip of the iceberg. >> last year two baby dolphins died at six flags. a usda inspection report in may of 2014 said, "these two dolphin calf deaths and the chronic problems in other dolphins with respiratory problems and eye problems and fungal infections are related to the water quality issues in the system used throughout the silty." six flags has not returned our calls yet, but it did tell a court publication that the conditions at the park are safer for animals and that lawsuit is withoutt. carried off in his own cage. the wildlife center for silicon valley in san jose say someone broke into the building on saturday and stole this american crow along with its carrier. they posted a picture of marley on their facebook page offering a $1,000 reward for his safe return or an arrest in the case. marley cannot survive on his own in the wild. the center said he's friendly and he has a tan and green black

strings around his legs, as well. 5:58 right now. coming up at 6:00, a hazmat scare at a well-known peninsula hotel sending a dozen people to the hospital. the strange smell that could be at fault. plus, the bay area man now accused of supplying a lot more than novocain. a quiet south bay neighborhood turned crime scene. what happened moments before a man was stabbed in san jose's valley. "today in the bay" starts right now. >> good morning, thanks for joining us, i'm kris sanchez in for laura garcia-cannon. >> i'm sam brock. y to say trick or treat pretty soon. mike inouye watching commute. kari hall with a spooky forecast. >> warm weather on saturday and then some rain on sunday. i'll be detailing that.

it's cool this morning as you step out. in the lower 50s all clear skies and warming up quite a bit today. one of the warmest days of the week reaching 86 degrees in the north and in the south bay expect a high of 81. san francisco 72. i'll give you aer look at what to expect heading into the weekend, but let's check in now with mike to see how the commute is rolling. >> it's rolling really well, kari. we are in san jose and first of traffic at 5:40 and already eased up. getting ready for the second wave to kick in about 6:30. weal look at your map. see some slowing on those sensors and again left over from the first burst that we saw. crash westbound 237 and your commute direction over towards sunnyvale and right around great america parkway and everything looks like it's off to the left shoulder. watch your left lane as you pass by. slower drive developing for hayward. typically see that for the nimts and no real slowing off that dublin interchange 580 t