on the clock and almost out of time. staring at a wednesday deadline to make the nfl an offer it can't refuse. the oakland raiders trying a different approach to keeping the team in town. they aren't offering up a dime. will it work? an elephant seal stays in the ocean. wildlife of officials continue in the middle of the night to take care of the animal that ventured into the road on monday. still not powered up after losing their gas on sunday. the reason pg&e tried but couldn't restore service to about 1,000 people. "today in the bay" starts right now. a good tuesday morning. thank you for joining us. i'm sam brock.

>> i'm kira klapper. we start with meteorologist kari hall. >> more of this cold weather, frosty conditions and freezing temperatures especially in the valleys. as we take a look at the current temperatures across all our microclimates this morning. it is 32 degrees already in the north bay and 36 degrees in the peninsula and the south bay. today's highs only come up to the low to mid-50s. we're still cooler than average. 52 degrees in the east bay and the tri-valley 54 and san francisco also at 54 degrees with some sunshine and some breezy winds. i'll show you if there is any changes in that forecast coming up. let's see how the roads are moving now with anthony. >> we gave mike the rest of the week off. mike is free. let's talk about some traffic. you can see on the map we don't have much happening. we have 30 seconds to fill. it's all good. even at the bay bridge approach. lots of green here. denotes things moving freely.

we have a few cars drifting on through here and earlier the were some flashing lights and cop cars and doesn't seem like anything is happening. >> not even a super hero powers of anthony slaughter might be able to save the raiders. the deadline looms. a live look at 0.co coliseum. but that could soon change and fast. the city has until tomorrow to provide the nfl with the financing plan for a new stadium for the raiders. >> damian trujillo and that plan may never come. >> the city leaders say they're not going to have oakland taxpayers foot the bill for a new stadium. so, indeed, the christmas eve game against the san diego chargers might have been the final game at 0.co for the raiders. "the chronicle" reports a letter to the league hoping to persuade the raiders to stay.

the deadline of december 30th to come up with that financing plan for a new stadium. a plan that many don't expect the city of oakland to submit. the city and the county are still footing the bill for the expansion of the coliseum. that is a tab of about $22 million per year. now, fans might be hoping for a hail mary. >> it will sort of rip at the family, it really would. the passion here in oakland is for this team and we really want them to stay. >> it would be heartbreaking if they left. this is what oakland is. >> the raiders need 24 votes by all the football owners in order to be allowed to move. if they don't get 24 votes, then they'll be back in oakland next year talking, again, about potentially a new stadium. those nfl oepewners are expecteo vote and other teams including

st. louis and san diego by the beginning of next year. mayor libby shaft has told nbc bay area is determined that thursday's game was not the last game in oakland. i'm damian trujillo. we have a follow up now temperatures are falling and still more than 1,000 people are without water and heat in the east bay. pg & e is working into the investigation on how this all happened. more than 6,000 members lost service but pg&e has to go to each house one by one to relight the pilots. they're leaving fliers at those homes and crews are standing by to get the heat back on. >> we were able to pinpoint the fact that we had a loss of pressure. the exact cause, that's still under investigation. >> i'm all excited that the heat

is on. the kids were cold in the house and everything. we're all happy that it's heat. >> pg&e set up warming shelters like this to help folks get through the cold night. new details on a 500-pound elephant seal who tried to cross sonoma county. drivers slowed to snap photos and record videos. they worked to herd the mammal back into the nearby ocean and kept climbing out and trying to cross, again. >> the plan is if she can come back down this way and get her back into a large crate that marine mammal center brought with them. the ultimate goal would be there to keep her transported back to the area and get her released somewhere safe. >> authorities aren't able to track the seal during the night. they're going to be back this morning to keep an eye out and

make sure she's okay. >> we discussed off camera, why did the seal cross the road? we couldn't do it to you. i assume the weather is so cold that the water is really cold, kari hall, what are you thinking over there? >> i think the air temperature is a lot colder this morning. 30 degrees now in the east bay and freezing in some spots and in the north bay and south bay it's 36. but let's go to the north bay where it is freezing in santa rosa and 31 degrees. 3 32 in napa and see those temperatures dropping a few more degrees throughout the morning. highs reaching low to mid-50s and let's check in now with anthony to see what's happening on the roads. >> we don't have any seals but make my traffic report a little more interesting because i got nothing. it's looking good. no news is good news. you can see through the altamont pass. this is one of the areas that

starts to bog down. as you get a head start. you have lots of company on the road and no accidents. back over to you guys. >> lots of company, but still not bad out there. >> thank you very much, anthony. coming up next it is san francisco versus justin bieber. why the city attorney is threatening to sue the pop star for something he didn't even do. an elderly california man viciously attacked. why police now think it was a hate crime.

an elderly man brutally attacked

an elderly man brutally attacked in the central rally. police think it could be a hate crime and right now they're searching for the attackers. he was wearing a turbine and waiting for a ride to work on this street here in fresno on saturday. police say that's when two men in a car pulled up and began swearing that 68-year-old. he tried to cross the street, but officers say the man backed their car into him. then they got out of the car and beat him before taking off. >> it is disturbing because this gentleman was doing nothing wro wrong. >> ball right now is recovering at home with a broken collar bone. back in san francisco, thecity attorney is not a believer. he is demanding that justin bieber help find whoever is tagging the city. as for bieber's new album can be found painted all over city sidewalks. although bieber isn't believed to have painted the ads himself,

his music records did. it's part of a gorilla marketing ad strategy. >> it's sending a message to exactly the demographic we don't want to be communicating that graffiti is okay. >> now, city attorneys are threatening legal action. they want the music companies to pay for the cleanup. a san francisco supervisor is also working on legislation to increase buying for this type of advertising. >> not a justifiable purpose there, apparently. 4:41 right now. coming up, new laws coming to a hoverboard near you. very soon you'll have to be 16 to ride one and those new rules don't stop there. the list of restrictions and when the law goes into effect, next. got a tip for nbc investigative unit? call 1-888-996-tips or e-mail theunit@nbcbayarea.com. nbc bay area, we investigate.

4:44 right now on your tuesday morning. hopefully you have an ice scraper or something in the car because the temperatures are low enough that there is a lot of frost on windshields. >> yes, this morning, you need to get out there and just scrape away because you don't want to drive without clearing the windshield before you head out this morning. we have freezing temperatures and even where it's not all the way down to 32 defrgrees, we ma have frosty conditions, not only on the car, but on some of the

roads, as well. especially the bridges and overpasses. we're watching out for that even as you head out this morning even across the bay bridge. temperatures in san francisco, 37 degrees and san carlos 37. and oakland 35 degrees. livermore now at 32 and san jose 36. let's take it hour by hour as we go into sunrise. it will be around 35 degrees for the next several hours and very slow to warm up. into the afternoon, mostly sunny and by lunchtime it's 50 degrees. we will make it a little bit warmer as we go through today. also in oakland starting out in the low 40s and then making it up to 54 degrees by 2:00 this afternoon. so, the very cold air is settling in and there's yet, again, another cold front that will be sweeping in as we go into tomorrow. but that one will be dry. a lot of the rain kind of just scooting off to the east and then high pressure moving in, once again. that will bring us back those temperatures in the mornings in the 20s and 30s.

highs only reaching 53 degrees today in the south bay. tomorrow 57 degrees and then on thursday 56. we won't see much of a difference during the afternoon hours. but the mornings is when it will really feel the coldest. and then we see no change heading into the end of the week. this weekend we will have another chance of rain, a shower, a shower chance will be likely as we go into sunday, as well as monday. and high temperatures topping out in the mid-50s. a few spot even hitting 60 degrees which will be very nice. let's check in now with anthony and let's see what's happening on the roads. >> looking that sunday storms. weather nerd like we are, it's a big one. you can see not much happening. lots of green, that means things are moving smoothly. the one thing that sticks out to your eyes, the blotch of yellow. some fog starting to form and livermore and freezing fog is possible as you come through the altamont pass. as you switch over to the live

cam. visibility not that bad and you can definitely see that visibility and that drop off here down to one mile. take it easy through the altam new york ci mont pass. for that and the rest of your news before the bell we turn to landon dowdy live at cnbc world headquarters. good morning, landon. >> sam and kira, good morning to you both. the markets look to shake off the post-christmas blues today. closing off the lows of the session on monday and weighed down by a big drop in oil prices and oil could play a big factor in whether we see the santa rally this year. that typically takes place in the final five trading days of the year and the first two of the new year. we get data today on the home prices and consumer confidence. the dow falling 24 point to 17528. the nasdaq losing seven to 1541. whole foods is paying $500,000 to new york city to

settle algalgzs it overcharged customers for prepackaged food and in june city officials tested items and found they were all mislabeled. the organic and food supermarket chain to instore products are properly weighed and marked. tesla is ramping up marketing. elon musk posted a tweet calling for hard core software engineers to work on the self-driving car project and tesla's inbox looks flooded and musk is only looking for about 100 people but tesla may add thousands of employees. sam and kira back over to you. >> businesses of the morning. landon dowdy, thank you very much. we all you have to be 16 to get your driver license, but did you know you soon would have to be 16 to ride a hoverboard. you must be 16 or older to ride a hoverboard on public streets. there's more, you must wear a

helmet. only be used on streets with a 35-mile-per-hour speed limit or less. riders cannot go any faster than 15 miles per hour and you must ride in bike lanes and, of course, ride them drunk or on drugs. a state bureaucrat says the law does not address sidewalks. so, cities may step in with their own laws there. >> you're going to be restricted by local ordinance as to where you can go and not go. the state law allows it to be on roadways, but your local, city or county may restrict which roadways or what kind of roadways. >> and don't forget the consumer product safety commission regulators there are looking into what can be done after a number of hoverboards have exploded and caught fire. a massive hack attack that exposed millions of cheaters apparently it's not stopping other new users from signing on. 4 million more ewers have enrolled in services for the ashley madison website since it was hacked back in july.

the website that advertisers have taglined, life is short, have an affair, now has 43 million members. so, businesses technically booming. ashley madison is not out of the woods yet. its parent company still facing multiple lawsuits from custs who say the website failed to protect their identity. talk about a merry christmas for apple according to flurry. it found apple accounted for 49% of new device activations last week and that may seem high but that number is down 2% from last year. samsung came in second with about 20%. that's up 2% from the year before. the number of big screen phone doubles compared to last year. happening today, times square is going to host its annual confetti test in preparation for the big new year's eve celebration. handfuls of colorful confetti will be tossed from the marquise of the hard rock cafe.

characters from the broadway musical "aladdin" helped to toss the small sample of confetti on a group of onlookers. the 3,000 pounds set to be released when the clock strikes midnight on january 21, 2016. this year it will include hand written wishes from people who submitted them at the wishing wall and online. coming up, what happened on a bay area train that sent it crashing into a hillside. the cereifyiterrifying moments people onboard. next.

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u welcome back at 4:53 right now. we'll send it over to meteorologist kari hall on a very cold morning. i had to pause. i don't know what day it is. >> it's just cold. no matter what day it is.

you really have to bundle up out there and dress in layers. wear the gloves, the hat and the scarf today along with the very thick coat and you'll also may need to warm up the car before you head out to allow some extra time to do that, your windshield may be icy and you want to take care of people, pets, plants and the pipes as these temperatures continue to dip the next few mornings. our next chance of rain doesn't arrive for a few days. we will have a chance of a few showers tomorrow in the north bay and then a bigger storm system will approach early next week. until then, mostly cool and dry. we've had a problem spot in the tri-valley. anthony, what's going on there? >> we were talking about that fog and you can see the visibility has fallen off from 15 minutes ago. if you have been with us, you'll definitely notice that visibility is starting to fall up here. we want to over to the maps and see what it is looking like. we still don't have any accidents. things moving smooth, no issuess there. we do have some issues coming

through 680 coming through walnut creek approaching walnut creek right near mt. diablo northbound side of 680. not sure what is happening there, we'll continue to investigate. across parts of the north bay looking pretty good and you can see coming across the golden gate bridge, no problems. back over to you guys. >> anthony, thanks. what was supposed to be a fun-filled train ride soon turned terrifying. a steam engine full of visitors crash under to a hillside yesterday morning. the roaring train came to a stop when the throttle got stuck. it kept going until it ran out of tracks and that's when it crashed. luckily, the train wasn't going very fast but the impact did cause a severe jerk. eight people suffered minor injuries. you're looking at video there of the train after it was towed back to the felton station. we're told roaring camp railroad will be back up and running this morning. happening right now, rescue workers in china continuing to try and reach workers trapped

inside of a mine that collapsed over the weekend. that accident occurred on christmas morning in northern china when 29 workers went down in that mine. 11 miners were successfully lifted out, but not everybody was so lucky. one person died and 17 others still trapped inside of the mine. rescuers continued to send down ropes to try to reach any of the remaining mino miners. a decade's old controversy that kept japan and south korea in a tense relationship comes to an end with a landmark agreement. yesterday japan formally agreed to create a new foundation to support comfort women. that was the term used for the thousands of korean women forced into japanese-military run brothels during world war ii. japan also agreed to put $8 million into the foundation. that will go the remaining survivors. for years south bay congressman

mike honda has pushed for this apology. >> i am pleased that it reached international level of recognition. and that it has become an issue that's been recognized by other countries. >> democratic minority leader nancy pelosi echoed honda's sentiments and called it a victory for the 46 known survivors who are now in their 8 80s and 90s. key deadline looms. what the city of oakland needs to do by tomorrow to keep the raiders in town. plus, marine experts are searching for a wayward elephant seal in the north bay. we get a live update from them next.

hoping a 500-pound elephant seal stays put in the ocean, wildlife officials return in the middle of the night to keep tabs on the marine mammal who ventured on to the road monday. on the clock and almost out of time. staring at a wednesday deadline to make the nfl an offer that it can't refuse. the oakland raiders try a different approach to keeping the team in town. they're not offering up a dime, will it work? plus, discovery bay residents still not powered up after losing their gas on sunday. we'll tell you the reason pg&e tried but could not restore service to 1,000 people. "today in the bay" starts right now. good morning, thank you for joining us. i'm kira klapper. >> i'm sam brock.

very dry outside. and kari, those cold temperatures still remain. this is behind the cold front that did sweep through yesterday morning. the rain is gone and we're left with some frigid air as we only start out in the 30s all across the bay area, including san francisco. it is 31 degrees in the north bay and 35 degrees in the south bay. this will most likely be the coldest day we had so far and as we go into sunrise, we will see those temperatures dipping a few more degrees. highs today reaching the low to mid-50s. and still cooler than average, but better than this morning. let's check in now with anthony who has been tracking a major problem for the tri-valley. >> fog continues to expand and see that denoted by the yellow blob. coming through livermore, take it easy. not finding any accidents. speeds at their normal averages. across parts of the south bay, same deal. you'll run into patchy fog there, once you get into san