good morning, everybody. welcome to the broadcast. 7:00 is the time. saturday morning. actually, a little break in the clouds. we haven't seen that for about 24 hours. but looks like we might get a little bit of a mixed bag today before more of the rain comes back tonight. we are under a microclimate weather alert. the first storm of the season delivered a punch to the bay area and there is more to come. we deployed our storm ranger to

help us better cover round two of the storm and speaking of which, here's a live look at our doppler radar. notice the red beam of storm ranger tracking the lower level activity, especially at this minute in the south bay. good morning, and thanks for joining us. i'm garvin thomas with anthony slaughter with a look at the forecast and what i understand about storm ranger and where we have it placed is with that radar gives us is a coverage at the lower elevations that all the other radars don't. >> yeah, and it's a dual polarized radar too so it scans out to the atmosphere and the radius, three dimensionally, vertically and down. so you get every angle covered in the atmosphere and i mean -- >> we get a science forecast. >> and that's how the radar scans, just goes straight out so you get the three dimensional dual polarized radar and it scans seven times faster than national weather service radar

so yes, nbc has invested. >> it's not a toy. but it's super cool. >> we are happy to have this as far as our tool coverage goes. you can see it is fired up this morning. we don't have any rain out there, so it really -- once the rain does come in, we will have you covered but right now, we're just looking at cloudy skies for the most part and the satellite tells that story. you can see across parts of northern california, the rain already starting to fall again. now the thing you're going to notice today, it will be a mostly dry today, not until about 5:00 or 6:00 in the afternoon that the rain starts to push back into the main part of the bay area and then in the evening, we're going to be looking at several rounds of rain tonight into tomorrow so it's going to be a cool day, a mixed bag. sun, clouds, you saw from that sky cam image, 60s at the coastlin coastline,70s for inland valley today. the thing you're going to notice as well, the wind is really going to kick up this afternoon. we have a wind advisory in effect and we also have a coastal flood advisory for tomorrow. so lots to go over. we'll have that full forecast in about ten minutes. >> lots going on. thank you very much, anthony >> officer down.

everglade is closed. all units respond. >> clear the area. we got him. clear the area. >> we're going to bring you up to speed on a developing story from overnight. an officer shot and a dramatic man hunt that led to a tense confrontation with the suspect in san francisco. there were multiple crime scenes and multiple shots fired but most importantly, that officer is expected to survive. this all started around 9:00 last night on sloat boulevard and everglade drive where the officer was shot. the suspect, later captured in stern grove near 28th and vicente. officers say this is a surveillance photo of a man who was allegedly causing a disturbance and making threats in front of a gamestop store at the lakeshore plaza. police say when they arrived at the scene, the man fired a gun at officers, grazing one in the head before running off. >> we call it critical but stable. it's, you know, still want to make sure the officer's okay. it is a life threatening injury

that he did sustain. >> sfpd, the chp, along with k-9 units scoured the streets in the area. investigators say the man eventually came out of the bushes at 28th avenue and vicente street and tried to run away. officers chased and shot the suspect before arresting him. he was taken to san francisco general hospital for treatment for his injuries. the police say he is suffering from mental illness. mayor ed lee paid a visits to san francisco general last night, checking in on the officer who was shot in the line of duty. >> right now, we're just focused on having this officer recover and this was on my mind, and that's why i came down here and i'm just clearly focused. i want him to really recover from this as well. and he's in the hands of the best doctors that we have in one of the best hospitals we have. so, i have very great hope. >> again, the latest update this morning is the officer is expected to recover from his

injuries. the investigation into the shooting is ongoing. you can a follow all of our breaking and developing news across all of our digital platforms. you can also download our free nbc bay area app for your smart phone. now, back to our other top story rain and more rain expected over the weekend. which could become troublesome for the people near the recently fire burn area in the santa cruz mountains. yesterday, a steady drizzle and gusty winds enveloped the fire zone around loma. neighbors are concerned that those winds along with more rain tonight may also topple trees outside the fire zone, weakened by the drought. >> just got to watch out, you know, there's going to be a lot of trees falling if it rains real hard and then the wind comes. it's going to be real crazy. >> fallen trees are not the only concern this weekend. there's a mobile weather station which will provide vital information that could help

decide if an evacuation notice is issued ahead of a dangerous -- any dangerous mud slides. now, weather may have played a role in this crash, but all the water is not just from the rain. this video was posted on twitter. the crash happened in pleasant hill at crescent road and cleveland road and in spite of taking out the fire hydrant, no one was hurt this just one of many power problems caused by the storm. we are looking at cell phone video of a power line exploding in san francisco's bay view district yesterday morning. no one was hurt in this incident either. pgne says the explosion can happen after the first light rain of the season when dust and dirt accumulated on the line, turns into mud and conducts electricity. with more rain on the way, stay connected with our free nbc bay area app. you can track the interactive radar and set weather alerts for your specific neighborhoods. turning now to decision

2016, add another two. two more women step forward to accuse gop presidential nominee donald trump of sexual misconduct, adding to a growing list of women with similar stories. >> he then grabbed my shoulder and began kissing me again very aggressively and placed his hand on my breast. >> she appeared on season five of the apprentice, says is she felt she had to speak up after hearing trump on that hot mike clip from "access hollywood." kristin anderson says she was groped by trump in the early '90s in a new york city nightclub. >> the person on my right, who, unbeknownst to me, at that time, was donald trump, put their hands up my skirt. >> yesterday, while speaking at a rally in north carolina, trump denied the mounteding allegations against him saying, quote, i am a victim of one of the great political smear campaigns in the history of our

country. meanwhile, hillary clinton continued her west coast swing with a stop in seattle. she called the election, quote, incredibly painful, and that she takes no satisfaction in the scandal surrounding donald trump because it sends a bad message about the state of the country. for the latest updates from the campaign trail, just go to nbcbayarea.com. you can also find our voters edge guide just to put in your zip code to learn more about the issues and candidates specific to your area. back here at home, a man who was convicted in a high-profile murder case is one step closer to getting out of prison. this stems from the brutal killing of a newark teenager. jose morales has been granted parole. he was one of four men convicted in the death of gwen arojo. they killed the teenager after discovering arojo was a

biological male. the ruling is only the beginning of a five-month process to determine whether he will be allowed to go free. advocacy groups are calling it justice. hate crime charges were filed in the brutal attack of a sikh man in richmond. the attack happened last month. the victim, maan singh khalsa, was waiting at a stoplight when police say a group of men attacked him unprovoked. friday, prosecutors announced two of the suspects, chase little, seen here, and colton leblanc are charged with felony assault and a hate crime enhancement. they are both from texas and were here in the bay area working at the richmond refinery. a statement from the sikh coalition says, quote, these hate crime charges ensure that the bias-based nature of the assaults on mr. khalsa will be addressed during the prosecution. we've got a lot more ahead for you on "today in the bay." coming up, the owner of the raiders responds. what he says about the nevada

legislature approving plans for las vegas stadium for the raiders. and heart pounding moments for a california diver when a great white shark gets inside his protective cage. the complete video up next. bridge - new span

(aib) 7:12 on a saturday morning, taking a live look outside at the new span of the bay bridge this morning, a little mix of clouds and sun headed your way with more rain in the forecast, anthony slaughter will be here in just a few minutes to give us the full forecast. the road to las vegas is wide open and enticing for the raiders, but can oakland save its franchise from leaving town yet again? the nevada assembly voted to increase a sales tax and use $750 million of public funds to build a stadium for the raiders. nevada's governor is expected to

sign off on the plan on monday. raiders owner mark davis issued a statement that reads, in part, "the project will provide a proud new home for the entire raider nation." oakland mayor made her stance clear in her state of the city address. >> today's vote in nevada did not surprise us. it is what we were expecting. and it does not distract our focus on doing our job, which is to develop a responsible, viable option for the raiders to also consider staying in oakland. >> the ultimate decision belongs to the nfl owners in the two-thirds vote from them for a team to relocate. that vote could come as early as january of 2017. much more ahead for you on "today in the bay." coming up, the first storm of the season is impacting the big tournament in napa but fans don't seem to mind. and san francisco, the day after the rain, you can see

we've got clouds in the area, and we've got wet roadways, more rain arrives later this afternoon. plus a wind advisory and coastal flood advisory to go over, lots to talk about this weekend. we're back after this. jose

(adlib) take ig another live look out this morning, looking out over san jose, relatively calm at the moment and anthony slaughter telling us a lot of wind and some pretty rough seas at the coast are coming up later today and tomorrow. reason maybe you don't want to go into the ocean. now here another reason why you might not want to go into the ocean. amazing video taken of a cage fight off the coast of mexico's gudalupe island with a shark. now, watch the great white shark

take the bait, then swim right into that cage. only problem? there's a diver from california inside. now, if you see the shark starts thrashing around the cage and finally comes out to the top and swims free, but what about the guy in the cage? well, a few minutes passed by and nothing. but finally, the diver pops up unharmed. he says when the shark came in, he went out the bottom and waited patiently. as we told you earlier in the newscast, we are in a microclimate news alert this weekend. it's also impacting the golf tournament in napa. a two and a half hour rain delay at the safeway open yesterday, but didn't seem to dampen spirits. here's "today in the bay" colin rash. >> reporter: the game of golf was invented in scotland. from birth, it was meant to be played in inclement weather.

>> it doesn't bother me at all. enjoy it. i welcome the challenge. brings me back to my childhood days playing in alameda. so a lot of good memories playing in the rain and had a lot of good feelings coming into the round today. >> reporter: umbrellas aplenty into the early afternoon but like the players, the fans welcome the sight of rain as well. >> after last year, the drought was pretty bad and i think everybody's -- no one's ppoopooing the rain. it's great. >> reporter: you may get wet, your shoes may bet a little muddy. so what, says the tournament's executive director, jeff sanders. >> well, you know, i live in oregon, so as far as i was concerned, that wasn't rain. that was a little mist. but no, of course you don't want rain but at the same time, it's beautiful right now, and have a little bit of drizzle this morning, was still great crowds, and the concert tonight, and the concert tomorrow night, hey, y

nicholson could win the tournament. >> what would you tell people that are sitting at home? >> you have to come out. absolutely have to come out. mickelson made the cut, i made the cut, so come out and watch, have a good time, have a couple glasses of wine and enjoy. >> reporter: in napa, colin resch, nbc bay area. >> sounds like a nice way to spend the weekend, either in the course or inside having a glass of wine. >> you can dance in the rain or you can sit inside, enjoy it inside. >> i'll take either way. meteorologist anthony slaughter is here to get us up to speed on this forecast, which is really kind of ever changing this weekend. >> so, we saw round one yesterday. we've wwwgot a little bit of a break now. i do want to show you our sunrise, the sun peaking out over the horizon, so a little bit of sunshine out there for you, but the clouds are really in place this morning, and that's the residual effect of all the rain we saw yesterday. if you were in san jose yesterday, you probably noticed

nothing. just cloud cover. we didn't see anything as far as measurable precipitation last night or yesterday in san jose. so the south bay was immune to the rain, but this next round, it is really going to impact the south bay. i think more than actually the north bay. so, here we go, as we show you what's happening out there. we've got the satellite and radar fired up and to the north, we're still looking at parts of northern california still dealing with showers this morning, but for us here at home, the rain is not going to arrive until after lunchtime. this is 1:00 on the future cast. you'll notice showers starting to show up near santa rosa and some lingering showers down near santa cruz mountains. that's where we're going to see the heaviest rain. watch what happens. this is 6:00 this evening and then as we move towards 9:00, look at the south bay. watch what happens between 9:00 tonight and 7:00 tomorrow morning. that rain doesn't move at all. so we're going to be talking about all night rain for places like ben loamen, scots valley,

san martin, morgan hill and most likely southern parts of san jose south of downtown but this is going to be a very close call, so this computer model backs it up just a little bit, that could include all of the south bay and maybe even some parts of the east bay so this will be interesting to watch. overall, though, tomorrow, the rain pushes back in, not much of a break. in fact, we go to round three tomorrow evening as we show you what happens. we'll be looking at another round that's going to move in tomorrow night into monday morning and that could impact your monday morning commute. so we've got several more rounds of rain to get there. today, during most of the day, will be a dry day. it's not until after about 5:00 we see those rains being set up so mid 60s for daytime highs and low 70s for inland valley. winds will start to gust after noon today until about 2:00 this afternoon, they'll be at the strongest through 2:00 in the morning tomorrow so keep in mind, as we mentioned, we were talking about a lot of that wane for the santa cruz mountains, wind advisory for the higher

hill tops and the coastal ranges so that's where we could be looking at gusts anywhere from 45 miles per hour and maybe even higher so as we show you the winds, this is what we're looking at this morning, calm winds, but once we get towards noon, look how the map lights up and those numbers go from 20 to 30 miles per hour and it's going to stay gusty through dinner time all the way through about 2:00 in the morning. so before you head to bed tonight, do what you got to do to keep your family safe, especially if you live in the santa cruz mountains. we're talking about 1 to 2 inches of rain just tonight through tomorrow and the rest of the bay area will be looking at maybe more than a quarter of an inch for san francisco but again, look at san jose. maybe just a tenth of an inch, but look at morgan hill, san martin, if we see that rain stall, we could be looking at decent amounts, even in san jose, maybe an inch, but right now, it only looks like we're going to get about a quarter of an inch or less so it all depends on where this rain band

stalls out tonight. overall, we have a coastal flood advisory in effect tomorrow. and the sierra, snow heading there, not a lot, 2 to 3 inches of snow for tahoe, so seven day forecast dust dry us out. inland valley is back to the 80s as we approach this upcoming week. even in san francisco, tomorrow, we will finally see dryer skies and warmer temperatures by thursday. 70s in san francisco. >> great. thank you very much. we have still much more ahead for you on "today in the bay." coming up. >> for me, it was almost like he died a little bit every day. like it was just -- it was years and years and years. >> she bore a heavy burden in private for many years, but when this south bay teenager opened up to her classmates, the response was overwhelming. she's part of our bay area proud series. (burke) at farmers, we've seen almost everything,

so we know how to cover almost anything. even mer-mutts. (1940s aqua music)

(burke) and we covered it, february third, twenty-sixteen. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ touch with reality. a south bay teeanger kns that alzheimer's can be a cruel disease. watching a loved one lose touch

with reality. a south bay teenager knows that all too well. she has loved and lost and is now healing with the help of friends. advanced placement calculus. it's something, believe it or not, leah robbie doesn't consider all that hard. perhaps it's because she has an aptitude for it. >> english, not so much. but i've just always clicked with math and science too. >> or perhaps it's because nothing in school could be called hard after the past decade for leah outside of it. >> i was like always a daddy's girl and, like, just, like, i kind of lost, i think, about where we'd be now and i just don't have that. >> her father, tom, an emergency room physician, was diagnosed with alzheimer's when he was 54 years old. and leah, well, she was just 6.

as leah grew and learned in life, her father traveled the opposite direction. by the time she was a teenager, her life was far from typical. >> like the father-daughter dance, every time that rolled around it was like, oh my god, should i go shower my dad? that's what i have to do and these girls get to go and have a fun night with their dad and i have to go feed my dad. that's just -- it was more like i became a parent to him. >> with all that going on, leah kept her personal life quiet at school. just a handful of friends really knowing what was happening. but after her dad died last year, leah got the courage to open up to her classmates. >> it kind of felt like a weight off my shoulders just to, like, yeah, this is what it is. i want some support. let's all do this together. >> and do it, they did. this past weekend, more than 30 of leah's classmates at

presentation high school joined her at the walk to end alzheimer's in san jose. not only supporting her step for step, but launching her past her $3,000 fund-raising goal. it all means the world to leah. >> so much. i couldn't -- i can't -- it's hard to put into words. >> she says she took a risk sharing her story with others. she didn't know what their reaction would be, didn't dream it would be this wonderful. >> she has plans to go to college next year. she doesn't know where yet, but she knows she wants to follow in her dad's footsteps and study medicine. much more ahead on "today in the bay" coming up, hillary clinton tells ellen how she felt donald trump stalked her during the last debate. here how trump is firing back. plus. >> i wasn't going to pay a tax that breaks state and federal law and be looking at ten years to life. >> the owner of a marijuana shop believes paying his taxes could

land him in federal prison. our investigative unit explains why. show open omni take a live look outside.... they prey on our children, spending billions.

addicting 17,000 california kids each year. eventually killing one-third of them. now tobacco companies are spending millions to... defeat prop 56. because in every state that's raised tobacco taxes,

smoking rates go down. so who are you going to trust? pediatricians, cancer groups and the califronia pta who all... support prop 56. or the tobacco companies trying to kill it. vote yes on 56. good morning, everyone. 7:31 is the time. taking a live look outside. live look over the bay of the new span of the bay bridge this morning. there's some clouds right there you can see, but parts of the bay area, the sun is peaking out. we are under a microclimate weather alert. the first major storm of the season delivered a punch to the bay area, and there's more to come. we've deployed our storm ranger. you can see it right there. equipped with specialized radar to help us better cover round two of the storm and here's a live look at our doppler radar. notice the red band that's

circling. that is the storm ranger tracking the lower level activity, especially at this moment in the south bay. good morning, and thank you so much for joining us. i'm garvin thomas with anthony slaughter. anthony, that storm ranger is on mt. allison right now and gives you as the rain -- you're going to tell us rain's coming. >> yeah. it is going to keep an eye on it. it's tracking the rain. we don't have any out there right now so you're not going to see it on the radar but it is ready to go. you can see it fired up right there, the red scan. the other ones are the national weather service sites but this is the thing about our nbc storm ranger. nbc has exclusive rights to it and also it scans the skies seven times faster and has a higher resolution than any other radar across the country. so, as this rain moves in, we will be watching it. nothing right now, but you can see it is up towards our north and as it puts the future cast into motion, you'll notice after about 3:00 this morning, 5:00, 6:00, you'll notice it in the north bay. san francisco, you'll see it around dinner time and then it spreads through the rest of the

bay area as the sun goes down and this rain is going to linger into the night and could go all day forward tonight and into tomorrow morning and then for tomorrow as well so we've got round two to get through tonight and then round three arrives tomorrow night so more rain in store as we head to the rest of the weekend. >> we sound like a broken record. we need it, we need it, it's good to have it. great, anthony, thank you very much. officer down, everglade is closed. all units respond. >> clear the area. we got him. clear can area. >> want to get you up to date on our other big story this morning. an officer shot in a dramatic man hunt that led to a tense confrontation with the suspect in san francisco. there were multiple crime scenes and multiple spots fired but most importantly, that officer is expected to survive. this all started around 9:00 last night on sloat boulevard and everglade drive where the officer was shot. the suspect later captured in stern grove near 28th and vicente. officers say this is a

surveillance photo of a man who was allegedly causing a disturbance and making threats in front of a gamestop store at lakeshore plaza. police say when they arrived at the scene, the man fired a gun at officers, grazing one of them in the head before running off. >> well, he's called critical but stable. it's, you know, still want to make sure the officer's okay. it is a life threatening injury that he did sustain so they've gotten him stable. he was able to talk. >> sfpd, the chp, accompanied by k-9 units scoured the streets and homes in that area, searching for the suspect. investigators say the man eventually came out of the bushes at 28th avenue and vicente street and tried to run away. officers chased and shot the suspect before arresting him. he was taken to san francisco general hospital for treatment of his injuries. police say he is suffering from mental illness. mayor ed lee paid a visit to san francisco general last night, checking in on the officer who was shot in the line of duty.

>> right now, we're just focused on having this officer recover and this was on my mind, and that's why i came down here, and i'm just clearly focused. i want him to really recover from this as well and he's in the hands of the best doctors that we have in one of the best hospitals we have. so, i have very great hope. >> again, there is good news. the latest update this morning is that the officer is expected to recover from his injuries. the investigation into the shooting is ongoing. now, you can follow all our breaking and developing news across our digital platforms. you can also download our free nbc bay area app for your smart phone. now, back to our other top story. rain and more rain expected over the weekend, which could become troublesome for people near the recent loma fire burn area in santa cruz mountains. yesterday, a steady drizzle enveloped the fire zone. neighbors are concerned that those winds, along with more rain tonight, may also topple trees outside the fire zone,

weakened by the drought. >> just got to watch out. you know, there's going to be a lot of trees falling in that -- if it rains real hard and then the wind comes. it's going to be crazy. >> fallen trees are not the only concern this weekend. cal fire has placed a mobile weather station near the peak of loma which will provide vital information that could help decide if an evacuation notice is issued ahead of a dangerous mud slide. with more rain on the way, stay connected with our free nbc bay area app. you can track the interactive radar and set weather alerts specific for your neighborhood. symbols of hate scrawled in blood at a prominent bay area university because of a leaked video. we're getting a look at the damage done and those who did it. "today in the bay's" damian has the story. >> reporter: this is one of the videos. it apparently shows two students in an elevator on one of the dorms. the video appears to show the students using their own blood

to draw a swastika on a poster promoting the lgbt community. >> shock, terror. it's really scary. >> reporter: in a statement t university says they've identified the students very investigating to see what kind of action to take. santa clara police tell me they're looking into it. >> it's unfortunate we have stuff like that here, but i mean, in some way, kids will be kids. they're going to do stupid stuff no matter what. >> reporter: other video shows male and female students on campus knocking down wooden silhouettes honoring a group of students known as the 43. they're 43 student teachers who disappeared in mexico during a protest of alleged government corruption. >> that means a lot to people who look in the mirror every day and see their own faces reflected back. >> reporter: some people are also seen in the video picking up and replacing the statues after they were knocked down. the university is not only investigating the vandalism but also how both close circuit

videos were leaked. nbc bay area news. >> now to decision 2016. hillary clinton gave her first interview since sunday's debate. the interviewer? talk show host ellen degeneres. >> and so he was really trying to dominate and then literally stalk me around the stage. and i would just feel this presence behind me. and i -- you know, i thought, whoa, this is really weird. >> mr. trump, however, remembers the debate differently. >> she walks in front of me, you know? and when she walked in front of me, believe me, i wasn't impressed. but she walks in front of me. and she takes a question. then she walks back and that was the end of that. no problem. then she said the next day, i

invaded her space. give me a break. >> the gop nominee also continued to vehemently deny claims that he made unwanted sexual advances on several women, calling his accusers liars. however, even as mr. trump spoke yesterday, another woman came forward claiming he repeatedly tried to force himself on her. her name is summer. she said it happened while she had been a contestant on his tv show, ""the apprentice."" still ahead on "today in the bay," the warriors in a preseason thriller. we'll show you who hit the game winning shot with time running out. here's a hint. it's probably not who you think. it was only a preseasoge.

but e warriorwith a dramatendinn now, granted, it was only a preseason game, but the warriors with a dramatic ending and celebration last night in the mile-high city. the warriors, in denver, taking on the nuggets. the rookie with the game winning shot?

a gentleman named patrick mccaw hits the buzzer beater in overtime. warriors win 129-128. the regular season starts in just two weeks. still ahead on "today in the bay," coming up, we investigate a medical marijuana dispensary refusing to pay taxes for years and then sudden $1.3 million offer to san jose. and we've got our storm ranger fired up this morning, tracking the rain as it moves into the bay area. nothing right now, but we've got lots of clouds out there. we'll give you the storm timeline coming up after this.

welcome back. 7:44 the time. i want to start you off with our sky cam from san francisco. and you can see we've got clouds in the area this morning but the rain has come to an end, but the roads are still wet so keep that in mind as you get going here this morning. we've got storm ranger fired up this morning, tlak tracking the rain across the bay and we've also got national weather

service fired so all across the bay, we're tracking what could be round two as it makes its way into night and then we're getting ready for round three moving in tomorrow night. so we've got two more rounds of some very moderate to heavy rain moving into the bay area and some gusty winds. that's the thing you're going to notice this afternoon along with the rain, very strong wind gusts as soon as about noon. so let's put the future cast into motion, 5:00, 6:00, across the north bay, you'll be the first to see the heavy rains and then as we move toward dinner time, 6:00, 7:00, 8:00, we'll see widespread rains in the east bay, down the peninsula to santa cruz mountains all the way down towards gilroy. look how it goes over the same location all morning. this is at 7:00 tomorrow so between about 9:00 tonight and 7:00 tomorrow, almost ten hours of rainfall over the same location. this could be something where we're having to watch, especially with that loma fire, the burn scars there and also the gusty winds. now, as we move towards

tomorrow, we'll start off with showers. look what happens tomorrow evening. this is 5:00 tomorrow evening, another round pushes in and that's going to move all the way down toward the south bay by about 11:00 tomorrow night. we've also got some cool temperatures out there. here's your forecast for today. 66 in santa rosa, same deal for san francisco, 66 for oakland and 70 today for san jose, even 73 for livermore. now we have wind advisories not only for our hill tops and coastal ranges but look how they extend all the way through northern california over toward tahoe so if you're doing any traveling across northern california, even over near tahoe, keep in mind the ridges across tahoe could see gusts that exceed 65 miles per hour. here at home, gusts could exceed 45 miles per hour along the hill tops, also through the pass and all along our coastal ranges, including san francisco. so, it's going to be a blustery afternoon, especially once the rain does start to come down. this is 3:00 in the afternoon. wiet spread gusts from san jose

all the way up towards the north bay. anywhere from 20 to 30 miles per hour and as i mentioned, gusts higher up to 45 miles per hour especially at the coastline. now, here's a look at rainfall amounts. this is what we're expecting in total with all of these storm systems moving in, maybe half an inch or more across parts of the north bay, but look at who's going to get hammered. the santa cruz mountains are going to pick up the most. it's expected to stall out tonight into tomorrow so we may get 1 to 2 inches of rainfall. coastal flood advisory goes into effect for tomorrow and will remain in effect through monday and then after monday, we're done with the rain, breaking out to some sunshine and temperatures warming back into the 80s for inland valley, 70s for san francisco by thursday. >> well, indian summer makes a return. much more ahead on "today in the bay." coming up, pay the money and go to prison? we investigate the million dollar deal a marijuana shop owner is offering the city of san jose. money, unpaid taxesd

there is a new twist in an unusual legal fight involving money, unpaid taxes, and tons of marijuana. a san jose marijuana shop has refused to pay the city's business tax for years. it's now ready, though, to strike a deal, but the city may not be willing to take the money. investigative reporter explains. >> reporter: guys, this all centers around why the shop decided not to pay taxes in the first place. according to the federal government, possessing and certainly selling marijuana,

even for medical purposes, is illegal. but at the same time, 26 states have laws on the books that allow the medicinal use of marijuana, including here in california. that confusion has led to a bitter fight in san jose and over a million dollars hang in the balance. david armstrong proudly grows all this marijuana. he runs medimarts, a pot shop in san jose. but for the past four years, he's openly refused to pay the city's 10% business tax, which is required of all medical marijuana shops. he owes at least $1.3 million. so why is he stalling? he believes paying his taxes could actually land him in prison. >> i wasn't going to pay a tax that breaks state and federal law and be looking at ten years to life. >> that's the offer we made to the city. >> reporter: armstrong and his legal team believe paying the tax would essentially mean they're admitting to selling

marijuana, which is still illegal under federal law. so, medimarts sent this offer to the city of san jose. it's willing to pay that $1.3 million with a catch. the deal says the money will not be labeled as a tax but instead a contribution. and the city's right to randomly inspect the shop would also have to end. >> do you see any problems with the offer? >> i think there are concerns. >> reporter: richard doyle is the city attorney for san jose. >> you don't want to send a message that you don't have to play by the rules. one way or another, we're going to try to get the money. >> reporter: doyle says the courts have already sided with san jose. in july, a judge ordered medimarts to pay up. the pot shop has since appealed to the california supreme court, but a decision still hasn't come down. >> to say there isn't continuing resources and everything spent by the city, they continue to fight this, is that a consideration at all? it always is. >> reporter: but you don't see this as a matter of if they'll have to pay. it's when. >> there's always risks but i think we have the upper hand.

>> reporter: remember, when we did prop 215 -- david ball is a law professor at santa clara university and specializes in marijuana regulations and policies. >> there is going to have to come some day of reckoning because right now, we are speaking out of both sides of our mouth. the state is saying this is okay for people to use and the federal government is saying this is not okay for people to use and there's been no attempt to reconcile those two. >> reporter: but the professor believes medimarts legal argument still doesn't pass the smell test. >> as long as they are admitting that they are enabling other people to possess marijuana, that's the part that exposes them to criminal liability. >> reporter: so in your opinion, not paying the tax doesn't somehow leave them more protected. if anything, it does the very opposite. >> yeah, i mean, the only way they can protect themselves from federal prosecution is by not engaging in any possession of marijuana at any point. >> reporter: and so in choosing not to pay the tax, they're just left even more vulnerable because now they're breaking local laws.

>> that's right. that's right. >> reporter: lawyers for the pot shop disagree. attorney alvaringa believes the city is playing a dangerous game of semantics. >> our position is if the tax were worded differently, there's no problem. but the word "sale" is in there, "business" is in there so it's a matter of characterization and a matter of what it's for. >> reporter: regardless, san jose believes it's owed even more money because of penalties and interest that's accrued. the city council will likely decide by the end of the month whether to accept armstrong's deal or keep fighting him in court. >> if you're asking me to break the law simply so you can collect a tax on a sale or a transaction of a controlled substance, we simply can't do it that way. >> reporter: while federal law does ban the use of marijuana, the federal government did issue a set of guidelines that say prosecuting someone isn't likely if they're following local laws and regulations.

in fact, of the 16 pot shops that are in good standing right now in san jose, the city els us none have ever faced prosecution from the feds for paying their taxes. in the meantime, voters in nine more states could decide to legalize marijuana when they head for the polls, guys, next month. >> we'll be back in two minutes with a last look at today's expected rainfall.

of course the big story of the weekend is the weather. that's why we wanted to bring anthony back one last time to give us the once over of what we can expect for your outdoor plans for the next 48 hours. >> i wouldn't say cancel anything today. go for it. today will be dry. we've got storm ranger fired up. you can see that red scan tracking the rain. once it moves in, we will get you covered, but we're not expecting that to push into the bay area until after about lunchtime today. here's the time line for you. 5:00, 6:00 this evening, not until after the sun starts to go down when the rest of the bay

area will see the rain. we're talking to east bay, the peninsula, the south bay, right and 9:00, 10:00, and then unfortunately the rain is just going to stall out tonight until about 7:00 tomorrow morning. now, here is the silver lining. the small wild card, where the rain will stall out, has yet to be determined. latest computer models stall it out right over the santa cruz mountains and across the south bay tonight into tomorrow morning and that's where we could see 1 to 3 inches of rainfall accumulated, total, by the end of this weekend. so that will be very important to see where that rain stalls out tonight. overall, though, as i mentioned, today will be a dry day until about 5:00 or 6:00 in the north bay. temperatures staying cool back to the 60s, low 70s for inland valley and as i mentioned, santa cruz mountains, the fire burn scars, folks really on heightened alert and as you should be because this is some very strong rain and gusty winds will be accompanied with it, gusts up to 45 miles per hour. >> fun hanging out with you this morning. thank you very much for being with me.

thank all of you for being with us tonight. no news tonight, instead it's stanford versus notre dame. we'll have a special newscast following the game at 8:00. denny's knows the holidays should be shared with friends and family. except denny's all-new holiday pancakes. you won't want to share those with anybody. denny's new fluffier, tastier,

better pancakes now in holiday flavors. the more you know on nbc. television that's educational and informational. josh: today on the voyager, we visit a traditional weaver in her village. angela: this is a textile made from henequen fiber. josh: and learn all about the native mexican fiber called henequen. watch a mayan cacao ceremony. and find out all about the firshot chocolate. wow, it tastes nothing like chocolate. then later, try out tortilla making. this is hard. she thinks i'm funny. my name is josh garcia. ever since i was a kid i dreamt about traveling the world by ocean, immersing myself in new cultures and exploring nature's wonders. now i'm making that dream a reality.