to lead. >> also tonight, find out what lawmakers are doing to help solve the problem. that's tonight at 11:00 on nbc bay area news. if you have a tip for our investigative unit, give us a call at 1-888-996-tips or send us an e-mail to theunit@nbcbayarea.com. at 6:00, still smoldering, a live look at the damage left behind after a massive fire rips through an apartment complex in oakland. while the flames are out, the questions into how this all started are just beginning. please stop right now, if you're about to send your kids outside for school, just please wait a moment. i'm rick boone live on the search for an attempted kidnapper, what you need to know in just moments to make sure your kids return home safely this morning. slick roads for this morning's commute. the impact on your drive and when those clouds will clear right now on "today in the bay." a very good tuesday morning

to you. thanks so much for joining us, november 1st, i'm laura garcia-cannon. >> i'm sam brock. one day after halloween, a lot of people waking up a little bleary eyed. off to work. we are seeing some raindrops early this morning, rob. the last burst right now. >> a lot of the heavier rain fell right after trick-or-treat time around mitd night for most of the bay area. still seeing a few showers passing through the peninsula and parts of the south bay right now. 50s outside. not much rain now in the north bay. you see the showers around san jose and los gatos moving off to the east and to the south around morgan hill. you can see a few more sprinkles san francisco to oakland. the trend today drier. as we pass lunchtime, highs in the mid to upper 60s. a closer look at the rest of the week in a few minutes. to see how the weather is impacting the morning commute, here is mike. >> earlier this morning a number of spinouts reported in the south bay, innocence, even by the maze. those are all cleared. the roadways are still damp.

you see green highlighting, that's slicker roadways in some of the spots. the build is on right now for southbound 680 through sunol out of pleasanton. a pretty typical pattern, slowing past the san mateo bridge and across those bridges westbound is your commute direction slowing for the bay bridge and the san mateo bridge, eight minutes and ten minutes respectively across those spans. the metering lights are on at the bay bridge toll plaza. >> 6:02 on your tuesday. a warning on the peninsula after police say a man grabbed a young girl and tried to force her inside of his car. "today in the bay's" rick boone joins us from pacifica. the good news is the girl was able to get away. good morning. >> reporter: she was indeed. that is really good news. also good news is that she remembered everything. this young girl needs to be saluted this morning, her memory was good and it helped a lot in this case. at least it will help towards an arrest.

she tells police it happened right here at hickey and fire crest here in pacifica, not so far from sequoia high school. he said this guy was aggressive and bold and did whatever he could to pull her inside the car. it all began when she was walking down the street. he began to honk his horn at her. she would not listen to him. she continued to walk. that was not good enough. he then got out of his vehicle and began to struggle with her to get her inside that vehicle. she was thankfully able to get away. we've got some description of this suspect and this attempted kidnapping, indian male 30 to 40 years old, about 5'6", thin build, trim beard. also good detail here, his vehicle. according to her, he was driving a black volkswagen, newer model, four-door sedan with intoed windows, and the interesting thing here, a, the tks license plate. this happened yesterday around 5:00 in the afternoon. she could have been walking to

work, could have been walking to school, sequoia high school not far at all. if you're sending your kid out this morning, make sure they're aware of this. number two, make sure if they do come across someone like this, that they have a good memory. let them know -- remember what the person looked like, remember what type of vehicle they had, what type of clothing they had on. these are the type of things to tell your kids this morning. we're live in pacifica, rick boone for "today in the bay." >> thank you very much, rick. good warning there. breaking news out of baltimore this morning. take a look at these live pictures. just learned at least six people were killed when a school bus and city bus collided early this morning. the last few minutes at least five people were hurt. no students were on the school bus when the crash happened. a spokesperson for the baltimore police department says there are significant injuries to those on

board the bus near the bus involved. we'll continue to follow this breaking situation as we update you as soon as we get new information. >> back in the bay area, two trick-or-treaters are recovering after being hit by a car while trick or trooeting in santa rosa. you see the rain coming down. the wet roads could be to blame. it happened about 6:30 last night near meadowview elementary school. two young girls who were crossing the intersection were hit. one of the girls had to go to the hospital, but thankfully she is expected to be okay. two men are in jail this morning, and they are accused of beating a disabled homeless man to death in san francisco two years ago. you might remember this case. a warning now, some of the video you're about to see is rather graphic. 21-year-old joseph stull and david peters were arrested yesterday. stull was arrested in idaho after dna evidence from another crime linked him to the killing in san francisco. peters was arrested in stockton. they're accused of beating

67-year-old tai lam to death two years ago as the homeless man slept in front of a store on sutter street. we spoke to the owner of that store. >> i'm just hoping that they catch them. they were -- they were having fun killing a person. >> absolutely brutal. as for the two men who were id'd. peters and stull are now facing murder charges and are expected in court later this week. at 6:06 this morning, federal alcohol, tobacco and firearm agents are assisting oakland arson investigators to get to the bottom of what caused this, yesterday's raging fire that destroyed an apartment complex under construction near lake merritt in oakland. a live look at the damage that's left behind now. the question is how did someone start the fire and did it start even intentionally. some neighbors opposed such a large development amid so many smaller complexes and family

homes. others say people who lived in the former property suffered a bad experience on a way out. >> a house of artists and performance artists, painters, people that have deep roots in the community, and they were kicked out of that place. >> the 41-unit complex was about 80% completed before burning to the ground yesterday. the battle still brewing right now over whether the 49ers are going out of bounds to skirt reimbursement to the city of santa clara. an audit finds the team may be breaking law use tack pairs money. the mayor wonders if they're getting their fair share. the team insists it is playing fair and yesterday handed over some budget documents requested by the city with more on the way later this week. >> is it supposed to be 2 million or should it be ten million that the city of santa

clara is receiving? we don't know until we see the underlying financial documents which they have failed to provide for 2 1/2 years. >> if those bills have not been managed properly, they need to send us a new invoice and we'll pay it just like we pay every other bill that comes to us. >> legislator mayor lisa gill moore says the city is preparing to take over management of levi's stadium if the team does not promptly hand overall budget documents. if you decide to do some wave catching later this week, stay on the lookout. waves by thursday are forecast to be 10 to 14 feet in some areas of the coastline. the national weather service is warning people about the threat of so-called sneaker waves. northwest-facing beaches will see the largest surf. a five-month window for the maverick big wave contest opens today. >> also today, sam, the official start of no burn season, and ocean beach in san francisco. to get the word out, park rangers symbolically doused the flames in a fire pit yesterday.

the fire ban is in place from golden gate recreational area to help avoid winter spare-the-air days. fire season starts again after the new year on march 1st. continuing that marine weather theme at 6:09 this tuesday morning, nine to ten-foot waves offshore right now. we will see higher surf heading to the coast on the order of about 10 to 14 feet arriving on thursday. use caution along the shore. peninsula seeing a few widely scattered showers around san francisco and the east bay. the trend for the rest of the morning will be drier with one exception to the rule, south bay hilltops through about lunchtime today, a chance of scattered showers and trending drier under partly cloudy skies heading into the afternoon. highs upper 6 os around san jose. mid 60s san francisco into the north bay. we will see a drier and warmer forecast for the second half of the week, close to 70 in san francisco on thursday, mid 70s inland on friday. next chance for mainly light rain saturday night into sunday.

>> that rain having passed through leads to slicker conditions, especially the santa cruz mountains, not watching anything major now that the second of two crashes has cleared. we have an issue northbound 87 at kerper, a new crash reported. it sound like all the activity is off of the lanes on the shoulder. as crews arrive, a distraction. that's when we see the build. over here northbound 101 is the commute direction, but southbound is where we still follow that crash at tullie, southbound 101 may have a lane blocked south of the 280/101 interchange. use caution as crews are on scene there as well. a smooth drive for the rails. b.a.r.t. moving well. the earlier issue e we had reported by ace train, sounds like everything is okay. ace trains should be back online. i wanted to show the rest of the agencies as well. back to you. up next, a sad closing to tell you about on "today in the bay," a south bay staple closing its doors for the last time.

the reason mel cotton's in san jose is shutting down for good. plus carver suss car, really amazing crash video. it's very interesting, coming up in business and tech.

==r/i== (rob ad libs)

good morning to you. tuesday, in campbell later today we'll see temperatures climbing into the upper 60s as the rain has moved on. plan on a few more scattered showers across peninsula and east bay. >> a look at your drive times, the tri-valley has all routes slowing a bit, typical for a tuesday at this time. 31 minutes from grant line road over toward the dublin interchange, that's west 580. over here west 580 moving smooth to the maze. right now bill cosby is in a philadelphia courtroom for a pretrial hearing and it comes as we learn a bay area ro man may be testifying against him. this is video into our newsroom within the last half hour or so showing cosby walking into the courthouse. janice baker kinney of petaluma says she first met the legendary comedian when she was bar tending at a reno hotel. she adds that cosby invited her

and a friend back to a house he was renting. it was there she claims cosby gave her drugs and sexually assaulted her. she's among 60 of the potential accusers. cosby's lawyers point out that none of those women filed police reports at the time and they going to ask the judge to keep the women off the witness stand. it's partly easier to get an cuber or lyft to pick you up if you are white and a man. researchers from stanford, m.i.t. and university of washington sent passengers in seattle and boston to hail nearly 1,500 rides. in seattle african-americans had to wait 35% longer to get uber or lyft. in boston, uber drivers canceled more than twice as frequently for frak sounding names compared to white sounding names. women were taken for longer rides in boston. both companies say they do not tolerate discrimination by

drivers. quarter after 6:00 last night. a san jose staple closing for good. mel cotton's sporting goods has been around for 70 years. it was known for representing out tents to people. it spent the last 60 years at that location at san carlos street. the owners say the cost was too much to handle so they have to sell the land. >> it's been in the family since i was a kid. we've been working add it hard. now it's time to shut it down. >> the owners say they plan to close sometime before the end of the year. >> skis, boots, the works, i've gotten there for years. >> anything for adventure. 6:16, high cost of renovation. you can't ignore the value of that land. >> the last time i was at mel cotton's just a week or so ago i was astonished to see how many apartment build dijs were finished in that part of the

neighborhood. the satellite actually caught this with the apartment still under construction. so you see the construction there on the right and mel cotton's there is just under the left under the word google. this area just west of downtown san jose, the area around the old del monte plant is growing like crazy. the latest numbers in san francisco show a bit of cooling in the commercial real estate market. new data from real estate group kuchman and wakefield say fewer companies are renting, but the companies who do have real estate are subleasing to new startups. this is crash video from the insurance institute for highway safety, shows two brand new nissans, the silver car is the least expensive nissan you can buy here in america. the red car is the least expensive brand new nissan sold in mexico. the iihs is not a government agency. i think the sub text here is our safety standards are much, much stronger. the reviews are in on apple's

new mac on the right and the microsoft surface on the left. microsoft running away with it. market watch says apple has been demolished and "the washington post" says apple has lost. to be fair, they're not exactly the same computer. the market showing modest losses monday. the fed starts the two-day meeting today. the feeling is it will not announce a change in interest rates tomorrow so close to the election. what they will do is probably hint that the next time they meet they are for sure going to raise rates. this close to the election, it just would not be -- they don't want to get into politics. >> an interesting time to buy or sell. a lot of people -- >> they thought it was a sure thing, now they're not quite so sure. >> there we go. we do know that san francisco giant hunter pence can certainly hit. that's a sure thing. his latest hit is a viral video he did far away from that diamond. >> on halloween.

packed in a heavy dose of dynamite. ♪ >> nap pollian dynamite. that video, are you kidding me? there's pedro next to him. pence also tweeted a photo along with his fiancee alexis that pretty accurately depicts the sidekicks. are those the real -- >> it's almost hard to tell. that was really good. >> is there such a thing as a dead ringer, that's a dead ringer. >> that was his fiancee as pedro. >> that's classic. >> she had a costume on. i want to clarify. >> and a mustache. >> not dressing up our forecast. a lot of this rain activity building up the last few days clearing out. >> the remnants of a halloween

forecast that did have rain across the bay area. still scattered showers to contend with at least for the early part of your morning commute. seeing some of that around the peninsula. 58, partly cloudy. we'll see clearing, kind of chilly in the north bay, down to 52 degrees. there you see over the last couple hours, the showers moving away from san francisco and a few more earlier which brought brief downpours into san jose, santa cruz mountains, into morgan hill. quickly leaving and heading off towards the south and east. today, the showers shutting down for the morning. you can see noon to 12:30, around highway 17 and mt. hamilton, you may still see a few showers, sunol grade, too. the rest of the afternoon, clearing skies as we head into the evening. highs today in the mid to upper 60s, 68 in san jose, 67 in livermore, 64 in san francisco up towards santa rosa. the trend is warmer now. high pressure builds back, should see the rest of the workweek staying dry if not somewhat warmer through friday.

next chance of showers from a relatively weaker weather system coming in saturday night into sunday. these are the changes now playing out in the seven-day forecast. warmer for san francisco, may get close to 70 on thursday. valley temperatures climbing, too, through the end of the week. they see a few showers late saturday into sunday. the item to watch weatherwise after all the recent rain could be patchy thick fog possibly over the next couple mornings. >> we'll watch the effect on the dry. rain close through damp roadways, not completely clear. we're watching the south bay. this is the area with the most pronounced slowing. northbound at kertner, the slow rain is blocked by activity there. that's why northbound is starting to jam up. there's capital expressway. slowing off highway 85 through that stretch. expect surface streets, almaden to be a little more congested as folks try to avoid the backup.

this is southbound 101 at tullie road. judging from the speed patterns, it looks like activity off the shoulder. the distraction is slowing southbound. northbound sees flashing lights. that's why we see extra slowing anywhere near capital expressway toward the 880 interchange. a slower drive down the peninsula side, but not out of the city. it's from sfo to 94, ten minutes slowing toward the san mateo bridge. westbound is your commute direction, slows to 13 minutes. we'll give you a look at the san mateo bridge itself. you can see a little sheen on the roadway. coming up next, "nbc bay area responds." >> when some international flights are late, passengers get cash. i'm consumer investigator chris chmura. "nbc bay area responds" next.

when legalizing safe, responsible adult use of marijuana, the most important question is how? by voting yes on prop 64: adults 21 and over could only purchase marijuana at licensed marijuana businesses. and prop 64 bans advertising directed at kids... requires strict product labeling... child-proof packaging...

and bans edibles that appeal to children. smart provisions to safeguard our families. learn more about the safeguards at yeson64.org. learn more about the safeguards frustrating exrience wi but. she wounup withore thanth "nbc bay area responds" to a san francisco would ma who had a frustrating experience with an international airline. >> consumer investigator chris chmura describes how she did and how you can, too. courtney resnick wrote us after her trip was delayed 27 hours. the plan was to fly from sfo to iceland and land saturday.

that flight was canceled. courtney didn't arrive in iceland until sunday. she and her husband then had to eat more than $300 in prepaid lodging, plus $78 on extra leg room seats because the airline swapped planes. european union rules require compensation for flight disruption. she filed a complaint, but it went nowhere. so she called us. after we wrote on her behalf, that claim was approved. courtney's compensation totaled $1,434.66. here is why it was so much. airlines that are based in the eu must pay passengers as much as 600 euro, up to $650 each when flights aren't on time. u.s. air carriers don't completely play by the same rules. flying from here the protections don't apply, but they do on the way home. keep that in the back of your mind, world travelers. if you have a consumer complaint, you can call us. the number is 1-888-996-tips or

visit nbcbayarea.com/responds. tomorrow, trouble with a new camera and bringing into focus a refund. have a great day. >> thank you very much, chris. the impact of the rain on your morning commute with mike and your full forecast with rob just 2 1/2 minutes away. a san francisco homeless man beaten to death two years ago. this morning there's word of two arrests. >> reporter: pete suratos in oakland with the latest details on the massive structure fire that took place near lake merritt as well as more reaction from residents.

with a break like this, we could do a cast or surgery. whichever's faster. surgery means recovery time. a cast will get you back out there right away, but it's bulky.

and can it take a beating? how did you break it again? roller derby. hip-checked. there's a rematch next week. snarling clementine has to be there. that's me. okay. so what color should the cast be? orange. orange is good. yeah, i like orange. it's kinda my thing. at john muir health, we know how big the little things can be. john muir health. be heard. want a great way to help our children thrive? then be sure to vote yes on proposition 55. prop 55 doesn't raise taxes on anyone. instead, it simply maintains the current tax rate on the wealthiest californians to prevent education cuts that would hurt our kids. no wonder prop 55 is endorsed by the california pta, teachers and educators. because all of us want to help our children thrive. it's time to vote yes on proposition 55.

it's time to vote yes =sam/4shot a very good tuesday morning to you. thanks so much for joining us. i'm laura garcia-cannon. >> i'm sam brock. probably a sweeter start to your tuesday, you've got a big pot full of candy somewhere around the house. >> in my belly. >> let's talk about that we also have a drier start. >> if you need to go to a morning run, run off some of those candy calories from yesterday. we've got showers to contend with this morning, mainly around the peninsula and south bay. mid 50s outside. here is the view over the last three hours. san jose moving to the south and east, transitioning to a drier forecast. you'll see a few spotty showers through about late morning. the afternoon looks drier. temperatures climbing into the upper 60s.

64 in san francisco, 65 in santa cruz. still showers around the highway 17 summit this morning. >> that is one of the notes, watch for slicker conditions even though much of the bay, damp roadways could cause a loss in traction. spinouts are not tissue now, but they were earlier. northbound at kertner, that was a problem. southbound tullie affected by flares. this slow drive on 101, we have six more minutes for the 101 drive because of the slowing at tully road. back to you. >> thank you very much. the massive fire that ripped through an apartment complex under construction, we told you about it yesterday right here on "today in the bay," it is still smoldering right now. more than 24 hours after it went up in flames, it's breaking news we covered all morning long. mao the investigation into what caused it continues. "today in the bay's" pete suratos live on the scene this

morning. pete, you were there yesterday. do investigators have any idea how this fire may have started? >> reporter: good morning, laura. no, we're 24 hours later, we still don't know exactly what caused this massive structure fire, but there it is right behind me. that unfished structure went up in flames just yesterday. we had the pieces of scaffolding and embers falling out of the sky. we're not too far from lake merritt offhandover and lester avenues in oakland. we know the developer had plans to finish this 41-unit project soon, it was about 80% complete. there were security guards at the complex who called the fire in. the guards were in place to keep squatters away from the building at the time. we're learning some residents in the area weren't exactly fans of the complex, claiming the prior tenants described as a group of local home grown artists were kicked out unfairly. this fire was scary for residents in nearby homes. >> i ran down stairs, opened the door and i felt the heat.

it was like a hot summer day. >> reporter: the city records we obtained indicate this developer got the green light for the project back in 2015 and it was last valued at $6 million. today we've got crews on the scene. federal agents with the alcohol, tobacco and firearms bureau will be here helping out arson investigators to try to determine exactly what caused this fire in the first place. live in oakland, pete suratos for "today in the bay." >> pete, thank you very much. in pacifica a girl was able to fight off a man who police say tried to kidnap her about 5:00 in the area of hickey boulevard and firecrest avenue. the suspect got out of the car, grabbed the girl and tried to force her into his car. she was able to get away. the suspect took off. as rick boone has been reporting all morning. she remembered key details for

police including the man was driving a black volkswagen sedan with intoed windows and texas license plate. two men under arrest for the beating death of a disabled man in san francisco. the attack was caught on camera two years ago. "today in the bay's" kris sanchez joins us. it wasn't the video that helped catch the suspects, but dna evidence. >> reporter: that's right, dna evidence left at the scene of the brutal beating led investigators two years later to idaho where one of the two suspects in jail was jailed on a different crime. we do have to warn you that that video that the police released in hopes of finding clues is stomach turning. it was released two years ago. three men beat tai lam to death as he slept on a san francisco street. when those suspects left that disabled homeless man to die there, they also left behind that dna. one 21-year-old suspect, joseph stull was arrested on a theft

charge out of state. investigators got a hit on the dna. they also tracked down 21-year-old david peters who was arrested in stockton. those arrests a relief for both people who knew the victim and those who didn't. >> i'm just hoping they catch them. because they were -- they were having fun killing a person. >> it did not matter that he was homeless. this was someone's son, someone that had a family, someone that was unjustly killed at the hands of others. >> investigators are still looking for a third suspect in this case. the two in custody right now face murder charges along with a long list of other crimes and they will face a judge tomorrow. kris sanchez, "today in the bay." >> kris, thank you. this morning investigators want to know if you've seen this woman. the fbi dubbed her the head band bandit. the agency says she robbed a

wells fargo in the laurel heights neighborhood of san francisco at gunpoint last thursday. she took an undisclosed amount of cash before returning off toward california street. one week from today people across the country will head to the polls to choose the next president of the yurpt states. >> finally. "today in the bay's" tracie potts joins us live from washington, d.c. you've been talking campaign stops, clinton's e-mails, possible ties between russia and the trump campaign. so much going on. >> reporter: this could be one long week, sam and laura. we've got two fbi investigations. one investigation and one preliminary look going on right now involving people from both campaigns. right now hillary clinton is in florida today. she's got two events, actually three events going on down there. and donald trump is going to be in pennsylvania talking about health care. both of them keeping an eye on the fbi. >> i will tell you this. if they want to look at some

more e-mails of one of my staffers, by all means go ahead, look at them. i know they will reach the same conclusion they reached when they looked at my e-mails last year, right? >> reporter: as the fbi digs through hundreds of thousands of e-mails of a top clinton aide, sources confirm the agency is also taking a preliminary look at the foreign business ties of donald trump's former campaign manager paul manafort. >> the director has discussed an investigation involving one candidate, it opens the director up to claims of bias if he doesn't discuss other potential investigations. >> reporter: man fonafort denie receiving more than $12 million in cash from pro-russian politicians at a time when trump praised the country's leader and the u.s. accused of hacking. the fbi releasing this just days before the election energized the trump campaign. >> i guarantee you there are many, many of the e-mails that

were missing are in there. >> reporter: wikileaks also revealed the head of the democratic party, donna brazile, gave the clinton campaign heads up on debate questions on advance. the latest poll shows the e-mail controversy doesn't appear to sway voters. clinton is ahead by six points, the same as last week, before the fbi review. another tracking poll came out this morning, abc/"washington post." that shows trump on top by 1% which when you factor in the margin of error, it's a tie. >> we'll see where we go a week from today. thank you, tracie. 6:38 right now. there is still time to avoid the liens at polling stations this election day. you have until the end of today to apply for vote by mail ballot. you can get your ballot by going to your county election office or apply by phone, e-mail or fax. don't forget to check out our nonpartisan voter's edge guide. head to nbcbayarea.com, put in

your zip code to get informed about the issues and candidates very specific to where you live. bad news for a group in san jose trying to save a willow glen trestle. the city has been wanting to destroy it so the los gatos trail can be completed. the california supreme court announced it's not going to look at this case. last month the trestle was denied eligibility to blk a historical site. that case is now going to go back to the trial court. >> 6:39 right now. temperatures in the mid to upper 50s in the bay area. sunrise coming up at 7:36. still dealing with a few scattered showers. you see these dropping from the northwest to the southeast. light rain into fremont approaching the sunol grade and a few more light showers around the peninsula. the trend is clearing as we head toward the afternoon. a few early morning showers and highs approaching the upper 60s around san jose. 64 in san francisco and mid 60s

into the north bay. from here, drier weather for the second half of the week and warmer temperatures as inland spots reach the mid 70s on friday. a slight chance of showers late saturday night into early sunday. mike? >> we're tracking the activity that you showed traveling over in through fremont and sunol. so far speeds holding up well, scattered so far. we'll see if things change over the next few. this has been an issue in the south bay, two crashes, northbound 87 at kertner still blocking the slow lane. northbound 101 at tullie, the crash on the southbound side leaves chp in the roadway. lost one lane in the commute direction. both of those ave. news are a tougher drive. 85 seeing more traffic as well. the upper eastshore freeway, 31 minutes from highway 4 down to the maze. back to you. >> thank you very much. coming up, toxic clams. the warning surrounding shell fish this morning. did she run away?

the new claims the defense is making in the case surrounding the disappearance of morgan hill teenager sierra lamar. a live look at the big board in new york. open for about 11 minutes now. first day of trading on this 1st day of november. we'll have more with scott mcgrew coming up.

(rob ad libs) a good tuesday morning to you. temperatures climbing into the upper 6 os. the rain has moved on. wet roadways, light showers across the peninsula for your early morning commute. >> damp roadways, but also south bay, the problem is crash on 87 and 101 adding to the drive time. 101, 37 minutes from where it splits with 85 back to 85 in mountain view. 85 is the option, same time. "glamour" magazine released their women of the years award, among them a survivor of the sexual assault. the victim continues to remain

anonymous. the man who sexually assaulted her, brock turner, was released after three months in jail. her powerful statement has sparked a powerful conversation about rape culture and sparked new state laws in california. we're expected to learn more about the circumstances today surrounding the shooting death of a fresno county deputy. the sheriff eefs department says he was on patrol yesterday when he was shot accidentally. few details are being released. as of now, we don't know whose gun it was or why it went off. the deputy died at the hospital last night. his name is not being released at this time. the department is expected to hold a news conference later today. another postponement in the sierra lamar case addressing whether or not she may have run away. lamar disappeared on her way to school in morgan hill four years ago. antolin garcia torres is accused of murdering her and hiding her body. he's been linked to her

disappearance through dna testing. his attorneys claim lamar was a runaway and wrote about it in a notebook. prosecutors say it's not her handwriting. they claim the notebook was taken from her school locker after she disappeared and it's an obvious prank. an east bay police department will start a year-long program to prevent traffic related deaths and injuries. the pittsburg police department announced yesterday they received a $70,000 grant from the california office of traffic safety. the grant will help fund special traffic enforcement and crash prevention. the number of people killed and injured in crashes has slowly been rising since 2010, epps specially for bicyclists and pedestrians. toxic fresh water algae that's harmful to humans could be affecting bay area shell fish. the "san francisco chronicle" reports researchers found high levels ofd blue-green algae in mussels around the san francisco bay. researchers found 10 to 20 times

the recommended limit of algae in mussels from 2015. they say the bacteria is still being found in the bay, in some locations as many as three-quarters of muts sells are testing positive. researchers say the algae is enough to make people sick but are more concerned about weight means for animals who eat shell fish. guacamole fans, prepare to pay up. officials say labor strikes in mexico and the off season are causing the price hike. about 500 workers blocked roads in southern mexico to stop shipment in response to the fruit's unstable price. the workers claim packing facilities pay less than a dollar to pack the fruit, then charge more than $5 to ship to the u.s. experts say high prices could linger until after the super bowl when that demand for guacamole really soars. evidence reyear we hear that story. if you need an avocado, check your phone. >> what do you know, they're

free. a free emoji. >> i haven't got it here on my list of new emojis. there are something like 72. if you use apple, you'll see them in the next version of ios. there are cool ones. face palm, you've probably see the text version of the shrug. new professions that have not been seen before. there's actually a new con sorgs that comes up with new emojis. a composite says it's ready to launch its test flight. the gliding test come exactly two years from the fatal accident. the plane and the space ship underneath it, they have been rolled out of the hangar this morning. they have not taken off yet, but we expect it soon. the markets -- this coming out of china this morning, a dual open, yum brands working in china. dow industrials gaining five, the nasdaq up two. there's a two-day interest rate

meeting. that's why the markets aren't moving much. sam and laura, i know you'll talk about the cubs. but cnet has a list of things invented since the cubs last won the world series. the modern airliner, commercial radio station, television, computers, technically cars were around the last time the cubs won the world championship. but cars have only been around for 23 years, invented in 1885. cars were still a brand new thing when the cubs won. >> you know what? you think they can break that streak? >> i know they can. my w. is flying in front of my house. >> you have mom living in chicago. i have my grandma watching in cleveland. something is going to give. a live look at cleveland's progression sive field. about ten hours from now the indians have a chance for a second world series

championship. they've got to get past the chicago cubs. the indians lead the series 3-2 after losing on sunday. if they win the title tonight, this would mark cleveland's first since 1948. but the cubs have the national league cy young award winner, jake arietta. that's ar ral does chapman. >> what time is it? >> 5:00 my friends. ding, ding, ding. you know what time it is around here? baby time. ka kari hall has been off on maternity leave. sam and i stopped by her house. >> uncle sam and aunt laura taking care of baby bella. i'll be back soon. >> uncle sam holding his first baby there. could you tell? >> i grabbed that baby so i could feed it. i made sam burp it. you did a great job. >> appreciate that. >> look at that baby.

adorable. >> kari he be coming back in a few weeks. rob has been filling in. you're going to miss the hours. >> does that mean for her to come back, you have to be at her house? >> work out a day-care deal. >> looking at our rain chances here, is that generally clearing out? >> as kids head off to school, wet roadways for the rain that fell earlier overnight. still tracking rain on the radar. for october you can see amazing rain totals, 200 to almost 400% of average. you can't get two back-to-back years as different as what we're seeing this year and last year. almost nothing last year. well ahead of the averages and still adding to some of the numbers in november. at least around the peninsula and the east bay. a few light rain showers. brief downpours around 4:00 a.m. now, moving to the south and east. sunol grade towards highway 17, midday still a chance of an isolated shower and the drier

air begins to sweep in. as we head into the east bay, that will shut down the showers, bring around the sunshine. mid 60s from san francisco into the north bay. the rest of the forecast looks dry for at least friday. high pressure begins to build in. our next chance of showers may be saturday night into sunday. more on the weekend forecast happening right here across your seven-day forecast. more clouds saturday and sunday after a warmer finish lieu the week. the best part about the weekend forecast, extra hour of sleep. the time change happens this weekend. you get the extra hour, maybe early showers on sunday morning. >> rob, also when that time changed, remember, it's 5:00, it's dark. that will change your evening commute. that's a chance -- >> everybody hits the road for some reason when it's dark at 5:00, you have to get out of the office. over here, you've got to get into the office. things are moving well despite the damp roadways. we don't have anything unusual

north of silicon valley. in san jose, this is a problem. crash on 87 at curtner. speed sensors changing north. tully there's a crash on the southbound side. activity on the northbound side at the center divide causes more slowing and that distraction. there's a tough drive through silicon valley. about 40 minutes from the drive 101 85 to where it meets up with 85 again. the build is on for the tri-valley and the east bay. getting across from the san mateo bridge across the bay, we're showing a slower drive. so we have 17 minutes there. the bay bridge, word of a smata or a small crash. we'll show you traffic around the bend is moving smoothly over toward the tower. things start to slow a bit getting into treasure island. that typically happened. again, reports of a crash inside the treasure island tunnel. more de tail as the bridge crew

arrives. back to you. an update to breaking news we've been following all morning long. a school bus and city bus collide in baltimore. at least six people are dead. what we're learning about those on board next. happening now, after 24 hours, firefighters still on the scene of that massive construction fire in oakland, and so are we. see a toto gallery of the incredible images on our facebook page. ching lee, believed to be the holdest chinese laundry in the u.s. has closed after 140 years. read about the history on our facebook page. back in two minutes.

remember this guy? he's the drug company big shot who raised the price of a lifesaving pill by five thousand percent. said he wished he'd raised it more. prop sixty-one targets drug company price-gouging to save lives.

the drug price relief act will save californians nearly a billion dollars a year. join the california nurses association and aarp and vote yes on sixty-one. the drug giants won't like it. and he'll hate it. here are the toptoes onbc welcome back. 6:57 on your tuesday morning. before you head out the door, here are the top stories. >> breaking news out of baltimore this morning where we now know the driver of this school bus was one of six people killed when it collided with a city bus early this morning. early reports say there were no students on the school bus when it happened. but a smoke person for the baltimore police department says there are more significant injuries to those on board the other bus involved. we'll continue to follow this breaking situation and update you on our midday newscast. >> back in the bay area, a pacifica girl able to fight off a man police say tried to kidnap

her. it happened about 5:00 in the area of hickey boulevard and firecrest avenue. police say the girl was walking when the suspect got out and tried to force her into his car. she was able to get away. the suspect took off. she says in a black volkswagen sedan with tipted windows and texas license plates. an apartment complex under construction in oakland is still smoldering this morning more than 24 hours after it went up in flames. these are live pictures on your left. and on the right was the video, the massive flames you saw right here on "today in the bay" if you joined us all morning long yesterday. our crews on the scene say firefighters are still pouring water on the building putting out potential hot spots. they're still trying to pin point a possible cause. a quick check of weather and traffic. stillwater on the roads. things starting to dry out a bit. >> still a few lingering showers. we saw heavier downpours overnight. the radar trending drier right

now. you can see the progression off to the south. a few showers possible around the south bay hilltops around noon. clears and highs in the upper 60s. >> mike says a crash on the bay bridge. >> more detail on that as well as the unusual slowing for the south bay. over all the patterns look pretty similar to what you see on a typical tuesday. the south bay has had trouble. the crash north 87 has cleared at curtner, the one northbound 101 is at tully. the crash on the southbound side leaves activity on the northbound side with chp and flares. that's unusual. we have your standard tri-valley and east bay slowing for the nimitz and for 680. we'll get to the bay bridge where we had reports of a crash involving a prius right at the treasure island on-ramp which now remember is on the right side. that may have the on-ramp affected. if you're getting on at treasure island. sounds like traffic is able to get by just fine. >> but could be a distraction. you survived halloween. now you have to survive your first day of november, this

tuesday morning. thanks for spending it with us. we'll be back in half an hour. >> lots of talk about interesting costumes no doubt. we'll see you in half an hour and also for our news at 11:00. good morning. one week to go. the end of the election in sight, the outcome up in the air. the fbi scrambling to see what's in those newly discovered e-mails. hillary clinton brushing it all off. >> if they want to look at some more e-mails of one of my staffers, by all means, go ahead. >> a lawyer for her top aide reportedly saying huma abedin znt even know her e-mails were on the laptop in question. will we get answers by election day? deadly explosion. a key gasoline pipeline erupts in alabama sparking a massive fire. one worker killed, five others injured. that pipeline now shut down raising fears of a gas shortage. crock attack. a couple swimming in a pool when they're joined by an unwanted guest.