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 jose, visibility improves, as

well. outside 101, 680 corridor. no problems, visibility good and cars moving right along. back over to you guys. something moving on the highway yesterday that was not supposed to be there. new details now on an elephant seal who caused a scene on highway 37 in sonoma county. bay area drivers are used to dealing with traffic, of course, but nothing like this. the wild encounter had drivers doing tudouble takes and had wildlife experts very concerned. the creature tried to cross the highway and, steph, did you spot the elephant seal this morning? >> yes, we did, actually. this morning she was in the waters here off of highway 37 near the sonoma raceway and i understand she's been making loops since basically yesterday afternoon. the concern, of course, is she actually came up on to this marking pot leer and also tried to cross the highway, actually got on to the roadway and tried to get over the divider yesterday. so the concern is safety for

her, as well as the drivers, of course. now, we have video of the elephant seal believed to be female estimated at 400 to 500 pounds and swimming in loops since around 1:00 yesterday afternoon. u.s. fish and wildlife was able to get her back in the water twice. hoping to swim away where she was supposed to be and get her boarded. one big message today, though, is don't slow down to try to look for her in the water and if you are out and about here, stay away. >> they're wild. and they will bite. so, best thing to do is stay at least 50, 60 feet away from it and give us a call. >> now, more people from the marine mammal center should be joining. one volunteer who you saw right there doug haley in about 30 minutes or so for a plan and then take more people to get the elephant seal and guide her into a carrier. that is the hope, anyway, to get her and release her back into

the bay. of course, this is contingent on whether she will actually get into the carrier at some point today. they could be out here all day and there is no guarantee time for when this could all be over. but the other concern is that this is the birthing period for elephant seals and she may be pregnant. they want to, of course, get her safe and sound so they could make sure. live here in sonoma county, stephanie chuang, "today in the bay." at 5:03, putting a plan in motion. taking a live look at the oakland raiders current home 0.co coliseum. if the city doesn't provide the nfl with a financing plan by tomorrow, that could change. damian trujillo is in the newsroom with the potential change. damian? >> a deadline imposed by the nfl. one aren't sure many the city of oakland will meet. want to move oakland, san diego and st. lieus to come up with a firm financing plan for a new

stadium. that plan has to be submitted by tomorrow. "the chronicle" reports that oakland is not prepared to have taxpayers foot the bill to pay for a new stadium. the city and the county is still paying for the expansion of the coliseum, a tab of $22 million per year total. oakland leaders plan to send a letter to the league hoping to persuade the raiders to stay in oakland. commissioner roger goodell isn't known for easing up on deadlines. with that in mind the christmas eve game at 0.co may have been, in fact, the last game in oakland for the raiders. a harrowing thought for the fans of the silver and black. >> move back to los angeles would destroy the greatest comeback in sports history. >> chargers don't want to share with the raiders. the raiders need to stay in oakland. san diego needs to stay in san diego. >> we do not want to share with oakland. >> there you go. mayor libby shaft did tell nbc bay area on thursday that she did not see the christmas eve game as a last game for the

raiders in the east bay. shaft says she's confident that the city can iron out a deal. but, in fact, the december 30th deadline looms large in oakland. the nfl owners will vote early next year on what teams, if any, they will allow to leave their home city. i'm damian trujillo, "today in the bay." >> thank you very much. at 5:05, the woman accused of physically abusing muslim men now heading to court. slater can be seen visibly abusing this man. he and his friends just finished praying at the park when he was assaulted. later a castro valley resident is due in court to answer the two misdemeanors. battery on park property and a violation of civil rights. at last charge constitutes a hate crime. police this morning are looking for the hit and run driver who killed a woman in hayward. two cars hit her around 6:30

last night in tahoe avenue. the first an older dark toyota corella had several men wearing hoodies inside. the other driver stayed that scene and helped police with descriptions. the toyota is believed to have a damaged hood and front fender and a broken windshield. a follow up now, temperatures still falling and more people still without power. about 1,000 of them in east bay this morning as the investigation into what went wrong continued. pg&e still rushing to turn that gas back on. more than 6,000 discovery bay resident lost their gas early sunday morning and now available again for most, pg&e has not been able to contact more than 1,000 customers. leaving fliers at their doors and telling residents that crews are standing by to get the heat back on in their home. >> 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 right now that the heat's on. i mean, kids were cold in the house and everything. so, we're all happy that it's heat. >> for those who still don't have their power back, pg&e set up warming shelters like this one to try to help them get through what has become a very cold series of nights. >> very cold series of nights and mornings. the same thing we saw yesterday morning minus the rain. we'll send it over to meteorologist kari hall for the latest. >> we're still dealing with frosty conditions and then right on top of this some fog in some spots. that may create an icy sheet on the roadways that makes it slippery and dangerous for drivers, especially in the tri-valley. look at the east bay now at 31 degrees and san francisco 38 degrees and as we drop in, we do see temperatures below freezing in dublin, pleasanton and livermore as well as sunol and castro valley 38 degrees getting milder as you head towards the bay. in the north bay 31 degrees and

the peninsula 36. highs today reaching into the low to mid-50s. 49 degrees, though, in redwood city and danville a high of 54 degrees. let's check in now with anthony to see how that may be affecting your commute. >> the fog that we've seen earlier is still there. we'll talk about that in a little bit. but this incident that is on alamo right at 680. the northbound side of 680 coming through alamo approaching walnut creek. we're seeing some slowing as we get into walnut creek and not sure what is happening here. just heads up if you are traveling that route in the next 15 minutes. take it easy as you approach that scene. the oakland bay bridge toll plaza looking pretty good there to take outside. no issues here and our final stop takes you to the san mateo bridge and no problems. back to you guys. >> good news, anthony, thanks. a lottery winner claims his $1 million to san jose coffee shop that sold the winning ticket is also getting a big chunk of change.

spent $10 on the scratcher's ticket. the winner, the coffee shop known for scantily clad waitresses will get a $5,000 check for selling that winning ticket. >> they can dress up the waitresses pr waitress waitresses. why airport and airline employees now the focus of this crackdown, not the passengers. the bay battling the biebs. the new album is creating such a problem in san francisco. got a tip for nbc bay area investigative unit? call 1-888-996-tips or e-mail theunit@nbcbayarea.com. nbc bay area, we investigate.

in the middle of the holiday travel season and a crackdown of u.s. airports under way this morning. but the crackdown not focusing on passengers, instead airport and airline employees. "today in the bay" edward lawrence joining us live from washington, d.c., with basically an extra security push, edward. >> exactly. workers trying to get to work at the airports will find longer lines at security because the tsa announced that they are going to increase random screening of workers. the airline workers and airport workers in this. this is because of several incidents that happened over the past two years in which case workers were smuggling guns and drugs also laundered money

through airport checkpoints. now, you may remember the three southwest baggage handlers last night at the oakland airport who were arrested for smuggling drugs in there. five employees were arrested for smuggling $400,000 worth of laundered money through security there. a memo from american airlines head of security remind their personnel that if they are finished working and want to get on a plane for leisure travel, they actually have to leave the airport. come back through security and get their bags checked before getting on that plane. the tsa says this is very important and has already started the screening. reporting live in washington, edward lawrence, now back to you. san francisco city attorney is now apparently not a believer. he's demanding that justin bieber help find whoever is tagging the city. as f ads for bieber's new album can be found on the city sidewalks there. his music reps deaf jam records

and universal music groups did. >> 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 up for the cleanup. a san francisco supervisors also is working on legislation to increase the fines for this type of advertising. hoverboards were one of the most popular gifts for christmas. but now some fallout. the consumer product safety commission is investigating nearly two dozen reports of hoverboard fires in the u.s. >> for that and the resh 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. shake off the post-christmas blues this morning. stocks closing off the lows of the session on monday but were weighed down by a big drop in oil prices. and oil could play a big factor in whether we see the so-called

santa rally this year and that typically takes place in the final five trading days of the year. the first two of the new year. we get data on home prices and consumer confidence. the dow falling 25 points to 17528. nestle says it will switch to cage-free eggs by 2020. they currently don't use any in its brand which is toll house cookies. nestle will have to change how it sources eggs. 20 million pounds a year. consumer investigation is reporting 22 hoverboard fire fi. and the latest incident occurring on monday when a hoverboard caught fire at a mall in texas. no one was injured. several u.s. airlines have banned hoverboards from checked and carry-on luggage. >> quite a few efforts to tight on the testing of those

hoverboards. thank you very much, landon. remember google glass? a blast from the past, perhaps? it might be staging a comeback. google working on a new and improved design for the workplace. this picture released by the federal communication commission which approves the most gadgets. the biggest change is hinge design. it can fold the glasses and put them in a pocket. improvements for the hardware, as well. no word when the hard wear will be released. it was a merry christmas for apple, according to the mobile analytics firm flurry. it found apple accounted for 49% of new device activations last week that may seem high. but that actually is down by 2% from last year. samsung came in second with about 20%. that's up 2% from the year before. this year's report also shows the number big screen phones doubled compared with last year. and you just got a big samsung, anthony slaughter.

>> you love it. >> i want snapchat, too. >> he's all over my snapchat. >> got to get with it. >> all right. we will call you on the cell phone or find out first hand from kari what is going on right now. >> it is cold. you know, the cell phone will do nothing to help warm you up this morning. just tell you that it is cold. but you needs lots of layers before you head out. as we take a live look now out at san jose. you can see that we do have some clear skies and a little bit of thin veil of fog and freezing temperatures in some spots. a lot of concerns this morning with the fog, the freezing temperatures and the frost. that may make things very icy. but it does slowly warm up as we go through the day. and looking at our lunchtime temperature, you may still want to stay inside. it will be sunny, but only 50 degrees in the peninsula and the

tri-valley at 48 degrees with the highs this afternoon in the mid-50s as you ride home from work in the tri-valley, it will be 54. in the south bay 55 degrees in a few spots. now only 31 degrees in the bay and north bay. san francisco 38 degrees. let's drop in on the south bay. where it is below freezing in many spots like willow glen, as well as morgan hill, san martin and gilroy right now only 28 degrees. wow. now, as we go into the day, it will be in the low 50s in the south bay and also in the peninsula. and in san francisco, it will be in the mid-50s. we'll see that for the next few days. our highs will only get a couple degrees warmer each day, but no major change there as that frigid air continues to settle in. watching another storm system but basically roll off to the east before it makes it into the bay area. but we will still get a reinforcing shot of cool air and keep our temperatures in the 20s and also in the 30s for the next several days.

heading into the weekend, it stays dry as high pressure moves in but another storm system approaching on sunday and could bring in scattered showers but it looks like a lot of that rain does hold off until the start of next week and that's when things start to get active, once again. hard to believe it's already here. let's check in now with anthony to see what's happening on the roadways. >> happy new year. i jumped the gun. i'll be here thursday. all right, this is the altamont pass. dublin where we're talking about the fog. visibility less than a mile here so take it easy as it comes through 580. you will run into fog even through the sunol grade. as we switch over to the maps, there is the blotch of yellow picking up from our weather computer. you come through the altamont pass and across the east shore, no problems there. take you down into the south bay. you can see morgan hill, san martin and freezing temperatures and we have freezing fog there, as well. once you get into san jose, not

bad as we take you outside. visibility good, cars moving right along. back to you. >> anthony, thanks. coming up, dramatic 911 calls revealed. we'll have the chaotic scene that unfolded when three boy tried to get help for their scout master attacked by a bear. a tip for nbc bay area investigative unit, call 1-888-996-tips or e-mail theunit@nbcbayar theunit@nbcbayarea.com. nbc bay area, we investigate. ==topvo== rescue workers in

china continue to try and reach workers trapped inside a mine that happening right now, rescue workers in china continue to try to reach workers inside of a mine that collapsed over the weekend. that accident occurred on christmas morning when 29 workers were down in that mine. 11 of them were successfully lifted out, but not everybody else was so lucky. one person has already died and 17 others still trapped. rescuers continue to send down ropes and try to reach any of the remaining miners. so far 700 rescue workers are deployed to try to help out in this operation. scary moments for a new jersey boy scout troop. they desperately tried to call for help as their scout master was being mauled by a bear.

>> on three. on three. everyone's going to yell hello, can you hear us? i see the helicopter. i see the helicopter. >> he sees the helicopter! >> we see him! >> we have the kids that were walking. >> those three brave kids were able to wave down help. they were hiking with their 50-year-old scout leader eight days ago. the leader went inside a cave where the bear likely was hibernating. the animal attacked. first the boys lured the bear away with food and then started a fire to signal for help. >> 911. where's the emergency? >> split rock reservoir blue. i was mauled by a bear. >> where are you bleeding? >> left arm, left leg, neck. and head. i'm getting cold pretty quick. >>s to those kids, rescuers were able to find that scout leader. fortunately, his injuries were

not life-threatening. 5:24 right now. what was supposed to be a fun-filled train ride soon turned terrifying for a handful of people in the santa cruz mountains. a steam engine full of visitors crashed into a hillside yesterday. the roaring camp train was coming to a stop when its throttle got stuck. that train kept going until it ran out of track and that's when it crashed. luckily, the train wasn't going very fast at the time but the impact did cause a severe jerk. eight people suffered minor injuries. right now this is some video of the train after it was towed back to the felton station. we're told that the railroad is going to be back up and running later this morning. coming up, an unexpected road block in the north bay. an elephant seal causes a stir sonoma county. the efforts to get her out of harm's way this morning. will they stay or will they go go? temperatures continue to plummet in the bay area.

you're taking a live look at the bay bridge. a beautiful, clear morning. temperatures in the 30s. kari hall will have your forecast coming up.

and a good tuesday morning, thank you so much for joining us. i'm sam brock. >> i'm kira klapper just like it was yesterday morning, very cold out there. temperatures in the 30s and let's send it over to meteorologist kari hall for the latest. >> dealing with frost, freezing

temperatures and some fog in some spots. we'll talk about that in a second. let's take a look at all those temperatures now as we take a look at the microclimates in the north bay. now 31 degrees and now 38 degrees in san francisco. highs today will reach 54 degrees in the city and the east bay and 52, 54 in the tri-valley, as well as 54 in the peninsula. it's still cooler than average and we get a little bit milder as we go into the next few days. i'll detail that coming up in a few minutes but anthony is looking at the freezing fog in the south county and tri-valley. >> altamont pass and visibility down to less than a mile and this is our trouble spot this morning. come through 580 and as we switch over to the maps, you can see what i'm talking about. the foggy area. you get into the bay and things looking pretty good from 880 to 680 down from walnut creek, oakland and even down to the sunol grade. morgan hill and once you get

into san jose and across the peninsula, no problems. that show palo alto this morning take you outside and you can see no problems here northbound 101 and southbound looking pritgy. back to you guys. new details on a wild encounter on a bay area freeway. a massive elephant seal repeatedly tries to cross a road causing a traffic nightmare no matter how many times wildlife officials herded her back into the water she kept climbing out. >> that's where she is in the water for now. today stephanie chuang live in sonoma county where crews worked overnight to try to get her to safety and concerns she will come back out of the water, again. >> that's right. we did spot 45 minutes ago off of the waters off of highway 37 by sonoma raceway. another crew just arrived and another woman in a truck to try a and see if perhaps they could board elephant seal get her out of the water and take her to safety.

also just arrived the chp which is assisting the marine mammal center and did not try to cross the road like it did yesterday. concern safety for drivers and a volunteer just came back from using the flashlight along this stretch of the road looking for her. we haven't seen her in the last 45 minutes. this is video we got early this morning. she is believed to be a female, maybe 500 pounds and swimming in loops in this lagoon since yesterday afternoon since she was first spotted. u.s. fish and wildlife was able to get her back in the water twice after she came up on to the parking lot and then tried to cross 37. but kept coming back to get her boarded. the chp monitoring to keep the seals safe. >> we're going to try to pick her up. >> this is a well-traveled highway and this way if it does come out, again, safely, probably taken to the mammal center, checked over by our vets and then released at a safe area. >> the big message from the chp,

don't slow down and try to stop and spot her in the water. apparently rubber neckers did just that again, the marine mammal center just came here to try to determine a plan and protect themselves and the animal and they want to use that to guide her gently into the carrier. a big important note for the drivers in the area, chp could shut this stretch down if the elephant seal tries to make her way back on the road. live here in noma county, stephanie chuang. >> thank you. we have a follow up now. temperatures continuing to plummet and still more than 1,000 people without heat in the east bay. pg&e is working to turn the gas back on and to figure out how this works in the first place. residents lost gas service early sunday morning and while it's now available, again. pg&e hasn't been able to connect customers to help them connect. crews are standing by to get the

heat back on in their homes. and severe weather is gripping a large part of the country from the southwest to the northeast. there's snow, there's ice and strong winds making life miserable. in the midwest, a foot of snow the ground had to close roads. thousands are without power which, of course, means no heat, no hot water. about 5,000 flights have been delayed or completely canceled at chicago o'hare airport. >> my flight was canceled. i didn't find out until i got here. >> snow tires are on, we're good to go. >> new england is getting ready. the region could see up to 12 inches of snow. it could be the first winter storm of the season. now to this developing story, kira. a perfect storm of human error. but not a crime. that is the declaration from a county prosecutor after a grand jury decided not to indict two cleveland police officers who shot and killed-year-old boy. "today in the bay" edward lawrence is tracking the anticipated backlash from this

ruling and, eduard, a lot of concern here about how this looks when you talk about the fact that a 12-year-old child. >> sam a lot of people are looking at this case. in fact, the families of the victims of these officer shootings are looking to washington for justice. their going to try to make sure that the justice department takes a long, thorough look at if these officers that were involved in this violated the civil rights of the people they killed. protests in cleveland and across the united states. in response to no indictment of officers involved in shooting and killing 12-year-old tamir wright. this protest in new york city. >> i'd like to see a legal system that incarcerates. >> reporter: someone called 911 saying there was a gunman in the park. the dispatcher never relayed critical information to responding officers that it was likely a boy with a toy gun. one second after the officers

arrived, they shot tamir. >> it was horrible, unfortunate and regrettable. but not by the law that bind us a crime. >> someone other than the elected county official who works very closely with law enforcement officers of this community day in and day out should have probably made that decision. >> reporter: meanwhile, in chicago, mayor rahm emanuel cut his vacation short among new calls for his resignation. two officers shot and killed a 19-year-old they say was acting out with a baseball bat. police say they accidentally killed a mother of five in the gun fire. now the justice department is already looking at the entire chicago police department as a whole for their community response and escalation policies. reporting live in washington, edward lawrence, now back toedw now to a story we first broke here. the santa clara county correctional system is under fire, once again, this time after nearly a dozen inmates

attacked a deputy. it happened on christmas eve at the county's elmwood jail in milpitas. investigators say the deputy found an inmate with what they're calling illegal contraband. that inmate who is a suspected gun member dropped the package at the deputy's feet. >> as the inmate started walking away, the deputy retrieved the item and that's when the inmate turned, attacked our officer and approximately nine others jumped in. >> that deputy suffered head injuries and a shoulder sprain. he is recovering at home. this, by the way, is the latest in a series of jail incidents under investigation including the beating death of this man, an inmate at the main jail back in august. three deputies face murder charges in that. the deadline loomess. oakland has until tomorrow to provide the nfl with the financing plan for a new stadium for the raiders. a live look right now at 0.co colise coliseum. just thursday the team played perhaps their last home game of the season maybe ever.

damian trujillo joining us with an update on the potential move and, damian, if it is about show the money, the raiders not prepared to do that. >> the city leaders say they're not going to have oakland taxpayers foot the bill for a new stadium. that may be the final nail. the christmas eve game may have been the final game at 0 co for the raiders. "the chronicle" reports plans to send a letter to the league hoping to persuade the raiders. but the nfl gave three cities whose teams want to move the deadline of december 0th to come up with a financing plan for a newium. 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. a tab of about $22 million per year. so, now, fans might be hoping for a hail mary. >> it will sort of, 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. they don't get 24 votes, then they will be back in oakland next year talking, again, about a new stadium. those nfl owners are expected to vote on the potential move by the raiders and two other teams. the rams and also the san diego chargers by the beginning of next year. mayor libby shaft has told nbc bay area the city is determined thursday's game was not the raiders' last game in oakland. i'm damian trujillo. >> we certainly hope it's not. thank you very much. 5:38. police looking for a man who tried to hold up a bank in hercul hercules. this happened at noon yesterday

inside the lucky store on sycamore avenue. the teller says a man about 30 to 40 years old came up for a cash withdrawal and handed her a note demanding money. then snatched that note back and ran away. police have yet to release a picture of that suspect. and a different man is suspected of robbing a u.s. bank branch inside a safeway in elsureels elcerito yesterday. that robbery occurred about 10:30 in the morning. the reward is being offered in that case. it is 5:39 right now. near freezing in parts of the bay area this morning. we'll send it over to meteorologist kari hall with a look at that. >> you need to stay bundled up as you go out this morning and grab some extra layers just in case and make sure you have a blanket in the trunk of the car. as you head out this morning, it's only 31 degrees in the east bay and the peninsula is 36 degrees. the south bay 35 and let's take a look at the north bay where it is well below freezing in some spots like napa.

santa rosa is at 32 degrees and petaluma is above freezing now at 38 degrees and novato 41 and still in the upper 40s for spots like redwood city and the embarcadero at 51 degrees and morgan hill 54 and fairfield 56 and concord at 55 and danville today a high of 54 degrees. still cooler than average and don't hold your breath waiting for a warm up. i'll detail that and our next chance of rain coming up in a few minutes. let's check in now with anthony to see if you're slow down with the commute. >> don't hold your breath. okay. the warm up. okay. let's talk about what's happening coming through. this is the maze approaching the bay bridge toll plaza. coming through 80 westbound. we are seeing heavier volume here don't hold your breath waiting for traffic to improve because we have an accident. we want to show you that. a two-car accident on your traffic map. 80 westbound involving a semi. the one lane is blocked there. take it easy as you approach it

coming in from antioch and brentwood. coming through the rest of the east bay, no problems. no fog coming through the altamont pass. visibility is down to than a mile here. take it easy there, as well. anthony, thanks. as many as one out of every ten trees in california are severely weakened by the drought and large sections of forest are at risk carnegie center for science. an ecologist at stanford led the study and he said the southern sierra are particularly bad off and the bay area and large spans of the redwoods locally and along the north coast are particularly at risk. researchers used laser-guided imaging from an airplane and then compared it to u.s. satellite data. identified 12 million trees k l killed by the drought. flying off the shelves and

into the street. the places it will be illegal to ride hoverboards. new rules about to take effect. next. an elderly man attacked. why authorities now think it is a hate crime.

an elderly man brutally attacked in the central valley now police think it could be a hate crime. he was wearing a turbine and just waiting for a ride to work on this street on saturday when

two men pulled up and first began swearing at the 68-year-old. ball tried to cross the street, but officers say the man backed their car into him and then got out of the car. >> this gentleman was doing nothing wrong. all race, colors, creed, nationalities. people wear different things. >> as for his health he is recovering right now at home with a broken collar bone. authorities captured the so-called affflew wensa teen. mexican authorities found ethan couch with his in puerto vallarta yesterday. he failed to show up for a meeting with his probation officer in texas. couch, you may recall, was sentenced to just ten years probation after he killed four people in drunk driving crash in 2013. during the trial a psychologist testified that couch suffered from affluensa because his

parents coddled him to the point he no longer knew right from wrong. a massive cyberattack that exposed millions of cheaters is apparently not stopping others from signing on. 4 million more users have enrolled in services for the ashley madison website since it was hakd back in july. the website that advertisings the tag line, life is short, have an affair now has 43 million members. business is booming and ashley madison is not out of the woods yet. its parent company is still facing multiple lawsuits from customers who says that website failed to protect their identities. we all know you have to be 16 to get your license, but did you know you soon would have to be 16 to ride a hoverboard in some places, at least. beginning january 1st, this friday. you must be 16 or older to ride a love e hoverboard. hov hoverboards can only be used on streets with a 35-mile-per-hour speed limit or less.

you must ride in bike lanes. of course, you can't ride them drunk or on drugs. a state bureaucrat here in california in charge of overseeing roadway safety 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. that's the state law allows it to be on roadways but your local city or county may restrict which roadways or what kind of roadways. >> don't forget the consumer product safety commission regulators there are looking into what can be done after a number of hoverboards have caught fire and exploded. whole foods right now paying $500,000 to new york city to settle allegations that it overcharged its customers for prepackaged food. in june, city officials tested 80 items and found that they were all mislabeled. the organic and natural foods

supermarket chain also conducting quarterly audits to ensure the products are properly weighed and marked. back here in the bay area, esla is ramping up hiring. ceo elon musk is posting a tweet for hard-core engineers. needless to say tesla's inbox was flooded. musk is only looking for 100 people, we're told. but tesla may add hundreds of employees in coming years as it opens a new battery factory in nevada. >> not like you need to be a rocket scientist or anything to app apply. oh, wait, maybe you do. >> atmospheric scientist, maybe. >> probably both of you could apply. >> i'm not a software engineer. but maybe could apply to nasa because they're hiring, too. very interesting. but, hey, happy here. as we take a live look outside this morning. it is cold. and you have to bundle up. i mean, this has been one of the coldest mornings we had so far

this and, well, the year is almost over and hard to believe that just in a few days we will be welcoming in 2016. mostly clear skies and take a look at these temperatures in the east bay and north bay. it's 31 degrees. south bay 35 degrees and let's drop in on the east bay. brentwood 40 degrees and 30 in dublin and castro valley 37 degrees. and berkeley at 43. so, little bit milder as you head towards the inner bay and the peninsula now 36 degrees as we take it hour by hour in san jose, we will start out in the mid-30s and we will stay there for a few more hours. and mostly sunny skies will help make it feel a little bit better today. reaching 52 degrees by 1:00. and in san francisco, more of the same. a very gradual warm up today and all clear skies reaching into the low 50s. by 3:00 we're at 52 degrees and the next three days keep our temperatures fairly steady. only reaching into the mid to upper 50s. morning temperatures. that's when it will feel very uncomfortable and we will have a

slight chance of rain for the north bay with another cold front dropping in. that will mainly move off to the east. and only bring a few scattered showers there and fizzle out as it approaches the rest of the bay area. high pressure rebuilds across the region and it will also reinforce some of that cold air. widespread 20s and 30s will continue for the next several mornings including the weekend. as we go into the weekend, we will have highs in the mid-50s and another chance of rain as the storm system approaches on sunday, but until then, looks like most of the bay area will be dry. along with the dry weather, we've had some freezing fog this morning. let's check in with anthony to see if that is affecting the roadways. >> i want to start off right now with this car fire. if you're a peninsula driver, especially if you're commuting near sanford heads up because we have a car fire. this is 280 at mill road. that is where the car fire is being reported. a heads up as you approach the scene. across parts of the east bay as

ari was mentioning the dense fog through the altamont pass. you can't barely even make out the cars below. visibility less than half a mile right now. take it easy approaching the altamont pass. as we switch over back to the map. i want to take you to another accident that just popped up. near el cerito near richmond parkway there is an accident there involving a semi. so, one lane is blocked. two cars involved and as you approach the bay bridge toll plaza you can see not all that bad even though we have lots happening this morning. >> anthony, thanks. livermore police are putting out a call this morning for help in a tragic case of a motherless 6-year-old girl. they started a go fund campaign to help the little girl. she couldn't celebrate christmas because her mother became critically sick. the 39-year-old woman ended up dying leaving the 6-year-old in the care of officers and eventually in foster care. livermore officers responded by

buying christmas gifts and now going the extra mile by starting a fund-raising campaign. the money they raised. as well as expenses to reunite her with her grandmother. at 5:52. happening later today times square will host its annual cony test this in preparation for the big new year's eve celebration. handfuls of people with confetti will be tossed from the marquise of the rock cafe. last year as you might be able to tell from the video, characters from the broadway musical "aladdin" thennhelped t confeto. 3,000 pounds will be released when the clock strikes midnight. this year that confetti is going to include pieces of hand written wishes. >> 3,000 pounds, wow. >> and growing. >> and growing. coming up, a couple hundred

dollar wedding cake now costing thousands. the bakery shelling out the cash after discriminating. new this mornin

all new this morning almost two does dead and dozens more woupded in a suicide attack in pakistan. a bomber set off the explosive in the northwestern city of madran. a government office used for issuing identity cards was targeted. a taliban splinter group quickly

claiming responsibility for that attack. the attacker apparently road up to the office on a motorcycle when the spokesman told the associated press he targeted it because of its work in support of pakistani security forces. some guantanamo detainees are getting. the pentagon will start transferring 17 of them to other countries next week. they cannot return to terrorism, apparently. this is part of the obama administration's efforts to reduce the population and eventually close the controversial u.s. prison in cuba. after those 17 detainees are released, 90 will remain, 31 of them also eligible for release. more than a dozen detainees have gotten out of guantanamo alone. dozens of migrants continue their journey towards the united states. central american leaders reached a deal inside guatemala this morning. will airlift cuban migrants from that country to el salvador next month. by there continue by bus to new

mexico. the number of cubans stranded in costa rica has reached 8,000 since neighboring nicaragua closed its border to them weeks ago. here's something president obama's security detail did not see coming. a drone flying near the motorcade in hawaii. spotted flying on the commander in chief's route in honolulu on vacation. it's aware of the incident. the pilot was unaware the presidential motorcade was in the area and immediately grounded the drones. no charges were filed. and the went along on his way. the owners of an oregon bakery who refused to make a wedding cake worth a few hundred dollars for a same-sex couple now dulling out thousands of dollars in damages, instead. paid $135,000 to a lesbianal yesterday. they were ordered to do so by the state of oregon. the bakery refused to pay for months that cost them $7,000 in interest. owners denied service because of their religious beliefs.

but under oregon state law, private businesses cannot discriminate against potential customers. hard rockers and metal heads are mourning the death of a rock 'n' roll star. the frontman died yesterday in los angeles after a brief battle with an aggressive cancer. known simply as lenny to most. he was as famous for his mustache and the mole on his face as he was his music. he had just turned 70 on christmas eve. right now at 6:00, we have an update. that elephant seal that popped up out of the ocean once again spotted this morning in the north bay. a new plan now to make sure she and drivers on the nearby highway are safe. plus, why police spent their morning at a gun store in the south bay. and the latest in oakland. signs that the city might be giving up hope on keeping the raiders in town. "today in the bay" starts right now. and a good tuesday morning. thank you for joining us. i'm sam brock.

>> i'm kirakeep l klapper. kari hall has the latest. >> a lot of concerns this morning. not only need to scrape off the frost from the windshield, but may have freezing fog creating icy spots on the roads and it's now 31 degrees in the north bay. it's 35 degrees in the south bay and in san francisco will only see a high of 54 degrees today. in the east bay, 52 degrees and in the tri-valley looking at 54. north bay 55. a light wind as we go into the afternoon. we'll detail what to expect as we go into the weekend. that's coming up. let's check in now withany to see if you're slowing down anywhere. >> earlier we reported a car fire on 280 and right near the stanford campus. 280 northbound. keep in mind if you use that route,y the alternate for 101. also, on 101 just off of 101 i should say near bay road there was an accident there. if you use that route, keep in

mind, you want slowing there. across the south bay, we have fog that is starting to thin up and not really cause any issues across morgan hill, san martin. we still do have that fog out near dublin. the altamont pass. you can see visibility still down to less than a half mile in spots. not all that bad but just isolated to that one spot because you head over to the bay bridge toll plaza. you can see, not really any issues here. wide open lanes and even still at 6:00 this morning. great news if you're headed into san francisco. back to you guys. >> big patches there in dublin, thank you, anthony. new detail on a traffic mass of a different kind. a 900-pound elephant seal blocked highway 7 in sonoma county for several hours yesterday. this morning our cameras spotted it in the waters near the freeway, again. >> "today in the bay" stephanie chuang is live in sonoma county and you say you got a good glimpse of her. >> she was swimming right here and that's why s