pete ad lib sam//vo and "police shooting"--- a 3.5 magnitude earthquake. we'll have details in a live report. a police shooting. a sheriff's deputy shoots a suspect in the south bay. we're still waiting to fwiend out why. >> plus flags burn. someone set hundreds of flags on fooir fire in the peninsula. "today in the bay" starts right now. >> a very good now tuesday morning to you. thanks for much joining us, i'm laura garcia-cannon. >> i'm sam brock. we're happy you're with us this morning. rob mayeda in for carrie who is on maternity leave.

we have everything today. some snow, some drizzle. >> feels like fog outside. outside for us this morning, we got 50s and misty skies along the coast mountaintops. cool temperatures today. mid 70s inland, mid 60s near san francisco. highway 17 commute could be looking at drizzle. check out to the sierra area, white on the radar above 9,000 feet. snowshowers and sun showers, something to consider for your sierra commute. >> i'll check ton sierra commute. but i did want to tell folks about something going on in the south bay. a full closure right here at 880. you can't use the typical connectors. good news is, a really cool flyover, the hov flyover that takes you to a separate roadway. that's a reason to get up on the

road at 4:30 in the morning. that's the only reason. back to you. >> for breaking news we have. new this morning, rattled nerves, a 3.5 earthquake shaking parts of the earthquake. the epicenter near piedmont. >> i live about ten minutes or so from that area. i felt that shake momentarily. i want to show you where we're at. we or at piedmont area. this is a 7-eleven. we haven't seen much damage because we're talking about a 3.5 magnitude quake. the person inside told us he felt it as he was heading into work. let's show you this map. right now we're west of that epicenter which was near piedmont, and this 3.5 magnitude earthquake struck roughly around 1:00 a.m. the reported depth of that quake at about three miles. if you look at the map, it shows

the epicenter is near monterey boulevard and lincoln avenue. there's not too much in the area. more importantly, it looks to be along that hayward fault line that we always take about when comes to talking about the big one. it runs throughout the better part of the east bay, going through cities such as richmond, berkeley and oakland, just to name a few. we did reach out to berkeley fire. alameda county fire and piedmont fire, they say there are no reports of damage or injuries related to this earthquake. we've had social media reaction all morning from when this all started. we'll share that with you in the next hour. we're live near piedmont, pete suratos for "today in the bay." >> 4:33, a developing story where a sheriff's deputy has shot someone. we know that. right now the person's condition is not being released at this time. the shooting happened about 8:00 last night on titus road. investigators are saying very little except that no deputies

were injured in this shooting. the person who was shot was taken to a hospital, and once again we have no word on the condition. we put calls into the santa clara sheriff's office. we'll update you as soon wednesday hear back. we'll have a live report in next hour. >> memorial meant to honor the firefighters who lost their lives on september 11th is now at the center of a vandalism investigation. menlo park firefighters returned from a call on sunday to discover a display of 343 small flags had been set on fire. here is what they found. flags and poles just burned. the flags represent the number of firefighters lost at the world trade center during the terrorist attack. firefighters say thankfully only a few of the flags were damaged by fire. uc berkeley police are investigating reports of three sexual assaults against students, all of which happened at a concert at the greek theater saturday night. more than 8,000 people turned out for the block party concert. three women there told uc police they were assaulted at the

concert and at least two men were involved. richmond's police chief says his officers did engage in sexual misconduct, but broke no laws. chief brown released a public report. 11 current and former officers were investigated for having sexual relationships with a woman who calls herself celeste. she claims to have had sex from several officers, some while she was only a minor. chief brown is recommending involved officers be fired, but he did not name which officers. meantime a plea deal is on the table for celeste, currently facing battery charges after allegedly assaulting a guard at a rehab facility in florida. so far the san francisco 49ers looking simply unstoppable. of course, only game one, but 9ers' fans had plenty of reasons to celebrate. 9ers recorded the first shutout in years with a romp over the l.a. rams 28-0.

most experts pegged the 9ers as the underdog last night. it's the team's eighth straight win on monday night football. >> that was the action on the field. as for what happened just before the game, 9ers' backup quarterback colin kaepernick continuing his national anthem protest. as you see, he was not alone. safety eric reid also stood by him as they put down on one knee. after the game kaepernick's actions got as much attention as the action on the field, incl e including criticism from 9ers quarterback trent dilford. still ahead, a vice principal in trouble for calling out girls for not dressing appropriately. >> another cool start we're seeing this morning. cool fin toish the day around san jose. but the interesting part of the forecast is that we've got the radar fired up this morning for light rain in the bay area and snow in the sierra. look at that coming up. that is cool on the radar, rob. i checked. no closures for those freeways

there. we'll check what you have to talk about. 880 past the coliseum with no problems up here. we're checking the south bay again coming up. >> something else we're checking out, mike. coming up next, we're learning more about the people who were killed when the plane they were on crashed at reno airport. that plane was headed to san carl carlos. you're watching "today in the bay." new details now in a deadly

airplane crash in reno. we've learned one of the three josele who died -- was a san bail bondsman. new details show a deadly airplane crash in reno.

we're learning one of the three people who died was a san jose bail bondsman. the plane was headed to the san carlos airport on sunday but crushed just after takeoff of the reno airport in the parking lot. friends say 46-year-old ed mumbert worked as a bail bondsman in san jose. he was in reno to track down a woman who jumped bail. two other people also died in that crash. too racy for school in east bay, assistant principal could be out of a job. >> for calling out female students for wearing spaghetti strap tank tops. students protested saying they were trying to save vice principal gary jensen for losing his job. he's been paid on administrative leave when four girls singled them out for violating dress code. school rules state no bra tops

or transparent outer wear. >> although they were breaking dress code, and should have been dealt with in a less humiliating way. >> for him to be blamed for enforcing school rules that the school has told him to enforce is not his fault. >> the district is expected to wrap up this investigation today and then decide if vice principal gary jensen will get to keep his job. another silicon valley city grapples with issues surrounding the mobile home parks. in many cases the parks predate massive expansion we've seen in silicon valley. they're caught in a tug of war as the demand for housing soars. today mountain view city council members will hold a steady session on rent control and other issues. that meeting takes placeality 5:00 p.m. >> the u.s. is sending a strong message to north korea. hillary clinton wasn't there, huh hundreds of her supporters showed up to a democratic fundraiser in san francisco. find out what they had to say about clinton's absence due to

her illness. ==laura//vo==

president obama will be campaning f hillary clintoin pennsylvania today. it's considered as a 4:44 tuesday morning. president obama will be campaigning for hillary clinton in pennsylvania today. it's considered a battleground state, but pennsylvania has voted for a democrat in the past six elections. polls show clinton is ahead of donald trump by five percentage points. the president will be campaigning alone. clinton, of course, still recovering from pneumonia at her

home in new york. there are some disappointed clinton supporters in san francisco last night. >> they wanted to hear her. they lined up nonetheless. youbsly mrs. clinton was not there due to pneumonia. the presidential hopeful did call in to talk to her supporters. hundreds of people paid from $250 to $50,000 to get in. many say that while clinton's absence was disappointing, they didn't want to miss a chance to showcase their appear. >> the thing that most important to me is gun control. she did speak about it. >> of course we wanted to see her. i want id my daughter to see her. i'm hoping my daughter grows up with a woman president. >> with speculation swirling around her health as we see that video from the 9/11 commemoration, mrs. clinton reassured supporters she's on the mend. >> in the meantime, the trump campaign is sending vice presidential candidate mike pence to capitol hill. he eeld hold a joint press

conference with house speaker paul ryan. pence will campaign the house and senate to maintain majority in the midterm elections in november. after another nuclear test in north korea, there's new video of the u.s. send ag strong message to that country. this morning, two bombers flew over south korea. the flyover is intended to warn north carolina after its recent nuclear test. following the test, president obama says the u.s. does not and never will accept north korea as a nuclear state. the ncaa is pulling its college sports championships from north carolina. it's part of a fallout from a state law that some says legalizes discrimination against the lgbt community. the nba also recently moved its upcoming all-star game. a total of seven championship events will now be moved to different states. >> home state of steph curry.

he was disappointed about seeing the all-star game being moved out of there. >> 4:45. how sever body feeling? >> pretty good state of mind. >> a little cool out there. >> i felt fall in the air. >> especially when you consider afternoon highs below summer averages. another one today, livermore done to 52. 57 in san jose. let's take a snapshot of what to expect hour-by-hour around san jose. average high should be 81 degrees. today, mid 70s. so numbers by around 2:00, 3:00, 4:00 staying in the mid 70s. some of the clouds at least around the coast could bring some drizzle to the forecast today, but the real action is this morning around the sierra. some thunderstorms and snowshowers above 9,000 feet. here is the unusual pattern in place. an early fall-like area of low pressure, cool air aloft, good enough for snow levels at times, close to 9,000 feet. the futurecast here for the bay

area really doesn't drop a lot. most of it around the highway 17 commute from santa cruz into the south bay. sierra is a different story. areas south of highway 50 during the afternoon, thunderstorms and snow at times. you see it there on the radar imagery as we go through about mid afternoon through 5:00 today. then eventually that system clears out. behind it we'll see a big transition in our forecast for the second half of the week. highs again today in the mid 70s around san jose. 60s closer to san francisco. mid 70s towards the tri-valley this afternoon. here is now the roller coaster part of the forecast. temperatures set to climb as early as thursday and friday. you'll see it here in stephen day forecast. san francisco, upper 60s towards the end of the week. the inland temperatures now are transitioning away from fall-like numbers, closing in on the upper 80s and low 90s next week. if you still want summer-like temperatures, the second half of the seven-day forecast is for

you. mike? >> we're looking for the rest of the bay, the first few minutes of your commute looking really good. we have the construction we talked about, right around dixon landing road. as crews start to clear, we do see slowing. this crash here north of there reported the same thing as the southbound crash. i think it's northbound because look at the slowing heading up toward warren. chp will check that out. we have a camera just north of there. you see the speed sensors changing through construction zone. we see the live camera through the truck scales. the fremont camera shows the traffic flowing well. we'll look at the bay bridge toll plaza as well where traffic flows well, except the left approach where one of the cash lanes is not yet open. back to you. let's stay on the road and business news. tesla could be headed towards range anxiety. >> gm says the volt can go

further o than a tesla. for that and the rest of our news let's turn to landon dowdy live at cnbc world headquarters. good morning. >> those are big shoes to fill. good morning to you. wall street could fall into the red today. futures are lower this morning. that could be partly due to oil prices which are down near $45 a barrel. stocks rebounded yesterday from friday's big losses. investors citing comments from another federal reserve official who says the case to hike rates is less compelling. the dow riding 239 points monday. the nasdaq up nearly 86 to 5,211. meanwhile general motors says its new electric chevy volt hatchback can go 238 miles on a single charge and that beats tesla's model s which can go 210 miles but also costs $28,000 more than the volt. the volt goes on sale late they

are year for about $37,000. that's before a $7,500 federal tax credit. instagram rolls out a new tool to monitor offensive comments that allows users to control what people post on their pictures. they can list words they consider offensive and in the comments that contain those words will be hidden. the feature comes a month after justin bieber quit instagram due to backlash over a picture he posted with his new girlfriend. >> all that drama with selena gomez, thank you very much, landon. still ahead, olympic swimmer making waves of his own again. lochte rushed by protesters during his per foefrm ans on "dancing with the stars" last night. as we've been reporting, a small quake raltales parts of alameda county overnight. a reminder to go to nbcbayarea.com to see our interactive quake map to find out where information where that struck. after being abandoned on the side of the road, a dog named

abby has become a champion of the waves. talking about the world surf dog champion on our facebook page. runs 3

==sam/contvo== that's "not" the sou of a trapped kitten. that's actually the sound of its rescuers. sounds like an animal. it's not the sound of a trapped kitten, although there is a tripped kitten down there. that's the sountd of the rescuers, and they got him as you see there. two police officers near fresno had to get creative to rescue a kitten when it got stuck in a drainpipe yesterday morning. besides authentic meowing which didn't do the trick, they tried the half eaten burrito opinion

shuchb. that's in your back pocket or back seat, when you use whatever food in your patrol car to draw the kitten closer to you. >> what did they have? >> what kind of burrito? i'm not sure. the kitten is in animal control. one officer who rescued it is hoping to adopt it and name it -- what else? >> what? >> burrito. >> the old half eaten burrito trick. >> works every time like a charm rchlt it's been more than 20 years in the making. there's word a new east bay b.a.r.t. station could be up and running by halloween. >> the warm spring station could open this fall. b.a.r.t. is waiting for the cabling to be completed to announce that exact date. the station was first proposed back in 1991 as a way to cut traffic on 880. we've all been waiting for some time here in the bay area. >> only 30 years. >> or so. the world's crookedest street pretty popular. >> apparently way too popular.

to consider f the number of cars on lombard street, the city is considering drastic measures. city planners are looking at banning cars, charging tolls to go up and down that famous street or requiring reservations. the san francisco county transportation south authority has been studying the issues surrounding the tourist destination for the past year. the agency will share its findings at a public meeting. >> i have a friend who owned a home on that and it was so busy all the tiechlt you have to know going into purchasing something like that -- >> hopefully there were persons, got to meet a lot of people from out of town. >> a lot of people watching this drama. >> two men rushed ryan lochte during last night's live showing of dancing with stars. >> excuse me! hey, back off. >> ryan lochte just performed with her partner cheryl burke who is from the bay area.

as the judges were discussing the dance, who men wearing anti-lock tea shirts rushed the dance floor. security guards threw the men out. lochte talked about it shortly after. >> show many feelings are going through my head right now, a little hurt. i came out here. i wanted to do something that i'm completely not comfortable with and i did. >> the incident was not shown on air. the host quickly cut to commercial. lochte was recently suspend prd the usa swim team as he was charged with falsely recording a crime in brazil during the rio games. up next, an urgent quake shakes parts of theest bay. we have the latest in a live report. our fall-like weather continues around the bare bay area. the radar doesn't look much like september. snow in the sierra. the latest coming up. the traffic does not look like tuesday just yet. ill ooh show you what's going on in the south bay. you're watching tai. plus-- a deputy-involved

shooting in a south bay peter rat toes near piedmont where a 3.5 magnitude quake hits parts of the east bay. >> a shooting in the south bay neighborhood ends with one person shot. the details coming into our newsroom overnight. >> achker on the peninsula after a vandal damages a 9/11 memorial designed to honor fallen firefighters. "today in the bay" starts now.

>> a very good tuesday morning to you. thanks so much for joining us. i'm laura garcia-cannon. >> i'm sam brock. we've seen a bit of a dip in the temperatures in recent days. that is going to continue as we head off into your tuesday. >> a bit of a roller coaster right. fall temperatures outside. low 50s around barts of the bay area. highs later today. 53 right now in livermore, we'll see afternoon temperatures in the mid 70s and also tracking snow across the sierra, slight chance of scattered showers in the afternoon. a closer look at the forecast. here is mike. >> rob, we had earlier crash activity in the south bay. that's all that's been going on here besides overnight road crews, also focused toward the fremont mill pete dass border. in the last two minutes we saw back up at speed north 880 where a crash has moved to the shoulder. that's much better news. back to you. >> mi