"today in the bay" starts right now. good morning. thank you for joining us on this tuesday. i'm sam brock. >> i'm laura garcia-cannon. monday in the books, tuesday we're well on our way. it's a cold start to the morning. >> exactly. when the weather outside is frightful, order more presents. >> or some more coffee. crank up the heat this morning. yes, it is cold. we'll see the temperatures slowly warming up as we go through the day. so get ready for that as you head out. later on it's going to be nice. after a dry start, we get a view of the golden gate bridge. it's only 47 degrees in san francisco. the highs today 59. a lot of those high temperatures right at about 60 degrees. so this is the kind of weather that's been cooler than average, hanging around for a while. we'll talk about what to expect as we go through the week. that's coming up. heading over to mike updating us on two crashes for highway 101. >> that's right. although traffic around the bay is light. it's tuesday, we expect more

traffic to return after the holiday. no delays, but i want to update the two crashes we've been following, one south of sfo, southbound 101, everything moved to the shoulder. no lanes blocked. there's still activity around millbrae avenue. no slowing on our sensors there or at the golden gate bridge. this crash involving a big rig and one of your toll booths at lane four. no slowing there. we have the cones, the zipper truck moved to the center divide. here is your approach towards the bay bridge, 14 minutes, highway 4 to the toll plaza. back to you. >> thank you very much, mike. we have breaking news this morning out of south america. minutes before landing, a plane carrying a brazilian soccer team crashes on its way to a col colombian airport killing most of the passengers on board. we have video just into our newsroom within the last hour. you can see the rescue workers at the crash site. investigators say the flight had 81 people on board.

many of them soccer players. only five people survived. authorities aren't ruling out a surviving flight attendant's report that the plane may have run out of fuel. for now, the mainline of investigation is a reported possible electrical failure. the flight departed from bolivia and approaching the medellin airport. this is a picture this morning of the soccer team from a different flight. this is the chapecoense soccer club from brazil. they were on their weigh to play in the final match of copa south america cup on wednesday. we will be updating our website, nbcbayarea.com and all of our social media sites. 5:02. a developing story, chaotic and a deadly shooting outside a busy steakhouse. this happened in union city where police believe everyone involved is in custody. police say the gunman shot three people in the parking lot of the

texas roadhouse restaurant about 9:00 last night. that's right near the union landing shopping center. one of the victims died. two others were injured. officers who happened to be working nearby heard those shots and got there quickly. a witness description helped police quickly track down the suspect's car. >> additional officers out in the area dealing with that type of activity when this occurred. right now three people are under arrest and police believe two guns found inside of that shot-up car are connected to the shooting. the "east bay times" reports the shooting is not believed to be gang related. 5:03. breaking news out of the south bay. a crash shutting down a major intersection in the south bay. >> kris sanchez just arrived on syrup. what y you tell us? >> reporter: this is a fatal crash. a woman crossing mon monterey r she and a taxi cab collided.

is this a problem intersection here? >> not that i'm aware of. >> reporter: you have somebody the back of the patrol car, the driver. what can you tell us about the driver? >> he was on his way southbound on monterey rode with a fair he picked up about a minute before 3:00 in the morning. >> reporter: the passenger is still here? >> no, he ended up walking home but we have made contact and gotten a statement. >> reporter: what do you know about the victim? >> unidentified at this point, female adult. possibly transient. we don't have more information on her. >> reporter: we know you're going to be investigating out here and waiting for the coroner to come before you can clear the scene. how long do you think the road will be closed? >> a rough guess would be a few hours. >> reporter: people are going to want to reroute? >> yes. >> reporter: you won't be able to get through here on monterey road. we're here at -- >> capital expressway. >> reporter: i'm sorry. capital expressway. we ooh el be here all morning long and get you more details and bring them to you later in

the morning. this is a fatal crash and it was a pedestrian, a woman crossing the road as she was struck by a taxi cab. sam and laura? >> thank you very much. monterey and capital expressway. 5:04. big announcements expected today from the trump transition team in new york. mitt romney is back for a second meeting tonight. >> a number of very important announcements tomorrow. >> reporter: those announcements are expected to include georgia congressman tom price as secretary of health and human services. he's an orthopedic surgeon, he's been the republican point person to rewrite the affordable care act. tennessee senator bob corker is among seven people scheduled to meet with the trump team today. he's emerged as a viable contender for secretary of state as insiders clash over mitt romney for that job. romney is in new york for a second meeting with the president-elect today.

meantime, the recount is on in wisconsin. >> i'm confident that the president-elect is going to win. >> reporter: it's going to cost $3.5 million. green party candidate jill stein who requested the recount said they raised the money overnight. >> almost 140 donors have stood up to say we deserve an election system that we can have confidence in. >> reporter: experts say recounts in wisconsin, michigan and pennsylvania are unnecessary. >> it was very clear that fraud was not widespread, was not happening as a result of this. >> reporter: tracie potts, nbc news, washington. one of the things that trump has talked about is defunding sanctuary cities. on that note, immigrant right supporters plan to gather to show support for san francisco remaining a sanctuary city. rallies planned for the steps of san francisco city hall ahead of a supervisor's meeting with a board member is expected to propose spending $5 million for legal representation to

undocumented immigrants. of course, such of the decision would fly in the face of president-elect trump's campaign promise to take away funding for cities that don't follow federal immigration law. bait and switch packaging. the city of campbell is taking steps to stop thieves from snatching packages. campbell police calling it a new bait program. here is how it works. bait packages containing gps trackers will be placed at homes and businesses throughout the city. once that package is stolen, police will get an alert and they can track down the thief. >> even if they decide to do that with our packages, they're not going to know the gps is in some type of merchandise. it won't be long until they see the lights behind them. >> campbell uses it on stolen bikes and says it has worked well for several years. a man who exposed himself to a young girl has marin police on alert this morning. it happened about 4:00 on saunders avenue right next to a local high school, sir francis

drake. the man reportedly drove up next to a 14-year-old girl asking for directions and then exposed himself. the girl was able to run away. it comes weeks after a very similar crime happened, only a few blocks away, san anselmo. today the suspects accused of killing an alameda county sheriff's volunteer will be in court for a hearing. laura rogers and curtis taylor are charged in the murder of the 21-year-old. investigators say the couple stabbed her and set her on fire at a park in oakland. according to court documents, rogers confessed she planned that killing for several days. prosecutors say her boyfriend admitted to helping her but that the motive is unclear. an emotional night in south san francisco. a candlelight vigil held for officer robby chon. the 12-year veteran has two

young sons. >> as i look into my two boys' eyes, i want to assure them that everything will be okay and that their dad is going to be safe as well. however, he has a long road ahead of him. >> city leaders say they'll be making blue light bulbs available for people who want to install that on a front porch light to show support for police. the suspect in the case who grabbed the skateboard and hit chon is now in custody. good morning. the time now is 5:09 as we get a live look outside, it's all clear. compared to ned we had a lot of clouds yesterday morning not as 34u67. much colder as we start in the 30s and 40s. 58 today in the peninsula and tri-valley and 59 today in san francisco, the winds kicking up. in the north bay expect a high

of 63 degrees. over the next few days it will get a little milder, especially this weekend. we'll have a slight chance of rain. so we'll talk about all that coming up in less than ten minutes. mike is starting in the south bay. >> that's right. two incidents, one is the deadly incident near the flea market. the rest of the roadway moving smoothly. we take you down in towards san jose and mountain view. the first report i have is a closure for overnight emergency repair work. this is northbound 101 getting on to highway 85 heading south towards cupertino. it's still early, but we have barrel repair work done at the off-ramps that will close the connector for the time willing. they have crews there and the continuing closure of monterey at capital expressway. this is by the flea market not far from 680, 280. watching for activity off the roadway. a couple of hours. monterey is closed but it sounds like capital expressway is able

to get by. we're tracking that with kris. >> we'll check with her coming up. calling for higher wages. the nationwide demonstrations happening this morning where bay area protesters are expected to gather within the next hour. uber is part of that. will it affect your rides today? we'll take a look coming up in business and tech.

good tuesday morning. the time now is 5:13. a clear sky all across the bay area. very chilly temperatures. we start out in the 30s and 40s, heading into the 60s in santa clara, up to 58 by 2:00, still cooler than average. we will have a warmer weekend headed our way. we'll take a look ahead in about five minutes. we're looking at travel times in your tri-valley, starting the slow a tiny bit for west 580, highway 84 through the construction zone. we'll see more traffic than yesterday. despite a couple of early crashes on highway 101, moving at speeds once again, everything is cleared. definitely a traffic situation to ep date you on right now. you see crews in the road. we are learning this morning tragically a woman was hit crossing the road.

according to san jose police it happened to a taxi cab driver coming southbound on monterey road hit her. this is by catch tall e pregs way. as you see, things right now are closed down on monterey as they case that scene. again, the traffic fatality this morning, very sadly, in south san jose that is closing things down for a bit. san jose police expect traffic delays in that area until about 8:00 this morning. happening today, san francisco supervisors will hold a second vote on creating new limits for short-term representals. board members have already approved the measure which would limit short-term representless to 60 days per year. the ordinance has yet to go into effect. airbnb has already sued to block it. also a judge is now asking both sides to reach an agreement rather than going to court but that has not happened yet. happening today, low wage workers and their supporters are organizing demonstrations in oakland and also sfo.

this is part of a larger effort, a nationwide effort to raise awareness for a $15 an hour minimum wage. the protests are supposed to include fast food workers and airport workers. the oakland protest is expected to happen early this morning, about 6:00 in the morning. a broader protest is being organized for sfo at noon. with uber drivers joining other workers this morning, they're protesting for higher wages, it means it may be harder to find ride. >> hard to say how many uber drivers will participate. >> there's so many of them in the bay area. part of that protest for $15 an hour minimum wage. to be clear, uber drivers are not hourly workers. that doesn't stop them from protesting on behalf of people who are. the group fight for 15 says its protests at sfo will be big. past protests have also gathered outside city hall. uber executives meanwhile will be watching a european court case very early today. they have to decide if uber is a

technology company or transportation company. it matters because tech companies have far fewer restrictions and regulations than transportation companies in europe. san francisco company zenef tinchtss has been fined $7 million. the "wall street journal" says that's one of the biggest fines ever handed down. zenefits has been accused of lacking the proper licenses and permits in the past. it's even got a reputation for drinking. at one point the office of landlord asked employees to refrain from sex in the stairwells. it has a new boss now. landon dowdy is live at cnbc world headquarters. good morning, landon. >> hi there, scott. good morning to you. wall street will look to resume its winning ways. futures are higher. the markets pulling back on monday with the dow and s&p 50 snapping a winning streak despite a rise in oil prices ahead of an opec meeting on

wednesday. look for data on gdp, home prices and consumer confidence. the dow falling 54 points to 19,097, nasdaq down 30 to 5,368. wells fargo once again under fire. you see the commercials that say the bank wants to make things right. it wants to make things right on its own terms. customers who hope to get refunds for charges on bank accounts they didn't even know they had will have to go to arbitration, not court because of the fine print in the customer agreement. agreements of course the customer didn't even know they had agreed to. senator elizabeth warren, a thorn in the scandalized bank's side said on facebook wells fargo made a big show of promising to treat the customers better. now she says we can see how meaningless the promise is. the consumer protection bureau is the agency that fined wells fargo. republicans want to get rid of

it. >> thank you very much, scott. right now, too much time on your smart phone or tablet we hear can lead to extra stress, depression, less sleep. according to stanford researchers, modern technology can keep seniors over 80 more mentally and physically sharp. that new study reported by the "mercury news" finds devices do a better job at keeping the elderly connected to the world. that kind of connection typically gives them a better sense of well-being along with lower levels of loneliness that can keep tabs on what's going on with their family. heavier users were also typically in better physical health. let's face time grandma and grandpa this morning. come on! >> exactly. 5:20 right now. in cleveland that's 8:20. >> all of them have passed away. it's good that all of your family that you do have that's still living, you keep in touch. >> face time is video, so be

careful where they answer that. everybody is presentable. >> it's a great morning. as you head out, all clear skies, chilly as you bundle the kids up this morning to head out from school, heading to daycare or if you're on your way to work, make sure you have warm clothes. here is a live look outside in san rafael, all clear. at least we don't have the thick fog we've been seeing reticently. you'll continue on through out the morning with a clear sunrise. once again, it is cold. a look at the temperatures now, 42 in santa rosa. it's the warmest in napa right now, 52 degrees. in san jose, 44 degrees. we do have upper 30s in spots like the tri-valley and heading over to the east bay in concord, 39 degrees. today it will feel nice, heading up to 60 degrees today in concord, 61 in napa as well as palo alto, san jose and morgan hill. in san francisco 59 degrees. now, the wends will start to kick up and that will make those waves a lot higher.

we'll have long period swells and the potential for strong rip currents. keep that in mind if you're heading along the coast, winds coming from the northwest at about 20 miles an hour. going hour-by-hour, it is going to be clear today, chilly temperatures and the clouds start to roll in tomorrow. by the afternoon, spotty light rain and then on thursday, it will be breezy and clear as well as the cool temperatures return. as we look down the line for the next several days, much of the rain stays to the north. we'll see if tomorrow will be the only chance of rain in the forecast for the next seven days. we get a chance to dry out. look at the end of the forecast. next monday it will be very chilly. after a warm weekend, you'll want to take it in. big changes on the way early next week. as we head over to mike, looking at the maps, looks all green. >> that's a good thing. green on your maps means radar activity, maybe rain.

that's not what wlyou're seeing. i'm seeing green, green means go. a smooth flow of traffic. no slowing on the altamonte pass. a smooth drive through the castro valley y. tuesday we should see more traffic flow than yesterday. again, this is the beginning of the end of the year. b.a.r.t. is running on time. there's reroutes announced for the vta service. this is going on for a while. we're looking at reroutes for bus lines 61, 62 and 65. that's for construction work going on in san jose. also in san jose we're following the closure of southbound monterey road at capital expressway, just shy of capital expressway. cap ex is moving well, but a deadly crash. here are your freeways, at speeds throughout san jose and the rest of silicon valley. >> thank you very much. tense moments on the osu campus. the frantic call to 911 as students ran for their lives

following a knife attack. what's next for the popular gay bar stud bar. the last-minute decision that could save it from shutting its doors forever. south bay this morning overlooking downtown san jose. christmas by the park the up and running. it's going to feel like christmas up there. full forecast coming up. tense 9-1-1 calls made after a

student plowed his car into a 5:25 on your tuesday. we're now hearing the tense 911

calls made after a student plowed his car into a sidewalk and went into a stabbing spree. >> i'm at ohio state right outside a guy crashed his car into people and ran out with a knife stabbing people. >> that was the aftermath of what happened yesterday. police say 18-year-old abdul razak ali artan drove his car into a sidewalk full of pedestrians and stabbed several students with a butcher's knife. the motive for the attack remains unknown. >> today, a memorial dedicated to the 19 firefighters who lost their life fighting a fire in arizona back in 2013 will be unveiled today. a private dedication ceremony will be held for family and friends. the memorial will open to the public tomorrow. the yarnell hill fire was the greatest loss of life of firefighters in a wild fair

since 1933. along the hotshots trail, 19 granite plaques share a photo and story of each fallen hot shot crew. the journey trail allows access to where they made their last stand. >> 5:27. new details, a possible glimmer of hope for a popular gay nightclub in san francisco in the form of a historic status. the stud bar has been around for half a century. in august the bar was threatened with closure because of a 300% rent hike. now sf weekly reports the bar was granted legacy business status that could keep the bar open because it would get special grants from the city. coming up, breaking news out of the south bay this morning. a woman hit and killed by a cab driver. we're live at the scene, closing down a major intersection. >> kris sanchez is following that from san jose. plus a story developing by the minute out of colombia. a plane minutes from landing

crashes killing mostf the people on board. the details we're learning about the victims. >> reporter: the search continues for the shooter in a deadly shooting near an east bay high school. what detectives are learning this morning that could help them catch the suspect. trying to keep the raiders in oakland, a crucial behind-closed-door meeting that could help the silver and black get a new coliseum.

a very good tuesday morning to you. 5:30 right now as we take a live look outside, gorgeous view of the bay bridge this morning. clear as a well, cold as well. we'll get to that forecast in just moments. thanks so much for joining us. i'm laura garcia-cannon. >> i'm sam brock. nice and clear. no cloud cover means it will be a cold start. >> yes, it is very cold. the temperatures continuing to dip in many spots. we're feeling that cold air that's moving in behind the front that moved in yesterday. this is where we begin now, in the tri-valley. it's 37 degrees. peninsula and south bay in the mid 40s. we have low 40s for the north bay. chilly temperatures will get milder by the rest of the day. we're in for some sunshine. i'll detail that coming up in a few minutes. heading over to mike, what does it look on the bay bridge? >> we had the metering lights turn on just a few moments ago on the bay bridge. the rest of the bay, a very

light traffic flow. the build bigger than yesterday, but lighter than your typical tuesday as we hit the end dch of-the-year slide. the on-ramp, westbound 80 toward 101. that off-ramp might be impeded by a disabled vehicle. i'll track that as chp arrives. no delays for south bay freeways. freeways are moving well. but we have an incident on one of the major streets. for that, i'll hand it off to you. >> thank you, mime. breaking news right now. a crash shut down a major intersection in south san jose. >> kris sanchez talked to investigators out there. this is a tragedy, kris. >> reporter: it really is, laura. you can' even at this early hour, this is a very busy thoroughfare through this part of the city. investigators are still here on scene and this roadway will be shut down because the woman who was struck and killed by that taxi is still out here. the coroner has not arrived. what we know about the crash is it happened just a minute before 3:00 this morning as she was crossing monterey road and a

taxi driver with a passenger was headed southbound and struck and killed her in the roadway. at this point it does not appear that speed was a factor, nor does it appear that drugs or alcohol were a factor. the driver is still here on scene and is cooperating with police. as for that victim, here is what we know about her. >> the victim is an unidentified female adult. she didn't have anything on her with her name. we're unable to get a match on her. we'll wait until the coroner comes out and they'll do a investigation and they'll determine the identity of the person. right now she's just a jane dough. >> reporter: now, the woman did not have any id on her person and it appears she might have been homeless. very cold out here. she was out here crossing the street in the middle of the night. this roadway is a stretch of monterey road that has the new life here in san jose. the old lights being the old yellow ones. it's a little brighter here at this intersection.

the lieutenant we talked with said he does not believe this is a troublesome intersection. it will be troublesome for you if this is part of your commute. the roadway remains closed for at least three more hours. the estimated time of opening could be 7:00, perhaps 8:00, so deep into the morning commute. the southbound direction is affected. the exit off capital expressway also affected. northbound you're clear to go. we'll stay out here and try to get more information for you and bring it the you as we get it. in san jose, kris sanchez, "today in the bay." >> thanks for the update, kris. >> more breaking news this morning, this time out of south america. minutes before landing, a plane carrying a brazil i don't know soccer team crashed killing almost all the passengers on board. >> video into our newsroom within the last hour. investigators say the flight had 81 people on board, many of them soccer players. only five people survived.

authorities aren't ruling out a surviving flight attendant's report that of the plane may have return out of fuel. for now, the mainline of investigation is a reported possible electrical failure. the flight departed from bolivia and was approaching a nearby airport there. >> this is a picture of the soccer team from a different flight. we're told two players there are among the survivors. that's the chapecoense soccer club from brazil, on their way to play in the final match of copa south america cup in colombia. they were heading to medellin only a few minutes away on wednesday when the plane crashed. developing news in the east bay this morning, a father is dead after being shot right outside his house near the castro valley high school. >> "today in the bay's" pete suratos joins us live in castro valley with more on the search for the gunman. we understand the man had a family inside as well. >> reporter: good morning, sam and laura. that man had a 9-year-old -- the father of a 9-year-old. we're about a block away from where the shooting took place,

about a block away from the high school. i spoke to detectives as they were clearing the scene. they said they've spoken to a number of eyewitnesss and they may have a lead on the car that the suspect was driving during this deadly drive-by. i'll show you some of that video from last night. that's according to the alameda county sheriff's office. it took place on the 4100 block of wilson avenue after reports of shots fired in the area. when police showed up, they found a 37-year-old victim suffering from gunshot wounds. when paramedics arrived, they were unable to save his life. we know the victim is a father of a 9-year-old and police are still trying to track down this shooter. >> i can't say at this point was this an intended target or not. we're not sure. we have to check that out. but it appears that somebody shot him, purposely shot him and then they fled. we're looking at all angles.

>> reporter: so what we're hearing now is the initial reports are this was a drive-by shooting, still no suspect description and they're not releasing the information right now on a possible car description, as i mentioned. as you can tell, this is still an ongoing investigation. if you have any information, contact authorities immediately. live in castro valley, pete suratos for "today in the bay." >> thank you very much, pete. it's 5:37 right now. still a lot of questions this morning after three people are dead and five others sickened following a thanksgiving dinner in antioch. eight victims were among the 800 people who ate a church-sponsored meal at the american legion hall on 6th street on fire. now health officials are trying to ig if your out what happened. >> we have no indication yet if it is a food-borne illness. but based on sill toms like nausea, vomiting and diarrhea, that's usually what it is. >> all the victims lived in the same facility and officials say

that's another possible source. they say there's no threat to the general public. the raiders have gotten off to quite the start. they may be winning on the field, today there's going to be a critical decision made off the field. "today in the bay's" bob redell joining us live at the oakland coliseum with what's next for the team and a very important meeting today, bob. good morning. >> reporter: good morning. yes, later today the oakland city council will debate behind closed doors the proposal to keep the raiders here in oakland. that's when mayor libby schaaf and the council will discuss an 11-th stadium proposal made by nfl hall of famer ronnie lott. he says if his proposal gets the green light, it will move to a public discussion that will take place a week from today. lott has reached out to high profile investors including to oracle bob ellison. his group wants to build a privately financed stadium. lott says it's been a hectic few

days of meetings but things are progressing with mayor schaaf. >> she understands her and she understands the things she needs to do. what i know is the breakthrough about where we're all at, that time is of essence. >> reporter: the nfl will be tracking what happens today in oakland. if this proposal does get shot down, that might be it and it could clear the way for the raiders to move to las vegas. live in oakland, bob redell, "today in the bay." bob, thank you for keeping tabs on that. let's go now to cuba. a live look, a live look to havana. yesterday tens of thousands of cubans filed through to honor the country's former leader and dictator. it's part of nine days of state mandated mourning. schools and government offices will be shut down for a second day. tomorrow, castro's ashes are going to begin a three-day

procession across cuba, retracing the march of his rebel army into havana in 1959. his legacy is very divided marked by a lot of supporters and detractors. 5:40 with a live look outside over san jose, clear skies and dhchilly temperatures. 43 in the south bay, 45 in palo alto, upper 30s in parts of the east bay. napa feeling the warmest temperatures, 52 degrees. it will be right about 60 degrees all across the bay with some sunshine. into the weekend it's looking a little milder. we'll talk about that as we go into the next ten minutes coming up in the next forecast and once again, all clear skies. we do have a slight chance of some rain for the middle of the week. so i'll detail that coming up in a few minutes. so as we look at what's hamg

now, it's 47 in san francisco. it's 40 in morgan hill and 42 degrees in santa rosa. those are the temperatures as you step out, but once again in for a very nice day. we'll talk about what else to expect coming up in the microclimate forecast. now, as we head over to mike, let's see what's happening on the traffic map. >> kari, nothing to delay you right here on the maps. although they're wanting to over in the east bay. in the south bay and tri-valley, look like typical spots for a build but lighter than a typical tuesday, lighter traffic flow today. this is eastbound 580 coming away from the bay bridge, just shy of the 980 connector. we have a krar blocking your slow lane. it moves slowly towards the bay bridge because of that counter commute. the live look shows the metering lights are on and the backup indeed is there. >> lots of company out there. 5:41. coming up, the woman left paralyzed by a falling branch at

a san francisco park is suing. what she says the city did not do. >> we talk with the person who claims to be the muni hacker. we'll take a look in business and tech. begging for help. many survivors of the san bernardino terror attacks say they're not getting treatment. the services they say they were denied coming up.

good morning. the time is 5:44. make sure you have the heater on

and nice warm clothes. in sunnyvale, reaching the upper 50s today. slightly cooler than average. but a lot of sunshine. i'll let you know what else to expect in the full microclimate forecast in about five minutes. an easy build to your commute, everywhere except the bay bridge. even that's easier than normal. backed up at the incline. at the toll plaza the metering lights are on. slowing for 580 and 680. from 580 to 680 it's 15 minutes. cold in north dakota to begin with. now people protesting the dakota pipeline are being told to get out as a blizzard makes its way through. an evacuation order was given yesterday. protesters are deciding to stay. they're trying to stop the construction, the final leg of that pipeline saying it will disrupt sacred land and could contaminate water supplies. many survivors of last year's san bernardino terror attacks are saying they are not getting

the help that they need. there are reports that 11 survivors say their workers' comp claims were denied making it hard for them to get treatment. several survivors begged county supervisors for help last night. supervisors pledged to provide them with assistance. 14 people killed and 57 injured in the terror attack last year during a holiday christmas party. a woman left paralyzed by a fallen tree branch is suing. emma zhao suited the city for not correctly pruning pine trees. zhao was in the park in august when a 100-bound branch broke off and hit her. she can no longer use her legs and has brain damage. the city attorney's office says they cannot comment. an effort to have a memorial built for a san francisco man killed by police is starting to gain momentum. police officers shot alex nieto

in 2014. officers say he pointed a taser that looked like a gun at them. the nieto family disagrees. the board of supervisors is considering a memorial to be built in his honor. supporters say a tribute would help them during the healing process. >> this would be a positive step, not only for our community but for the city of san francisco to repair these broken ties. >> as for making a final decision, supervisors are expected to consider that memorial at a meeting next month. flying high above apple's spaceship headquarters in cupertino. this is drone video to show you of the construction, pretty cool here. it's nearly complete. apple says it should open as soon as next year. the circular campus has both an underground auditorium and fitness center for employees. it's not far from apple's current headquarters. images from space confirm san francisco's millennium tower

sinking. it's a story our investigative team has been reporting, even helping to bring new evidence to light. this is a map to show you of the european space agency. all green means no movement. let's zoom in here to where the tower is and actually you can see the yellow and red popping up in the picture, that means that the structures are actually sinking. we've got a wider bay area map to show you as well, evidence of movement across the region of the hayward falls in the east bay. 5:48. muni looking into how much money was lost during the weekend had attack. all san francisco muni ticket stations were down this weekend. the hacker wanted a ransom in order to stop that attack. as we talk about this issue, scott mcgrew, you've been communicating with the hacker. the first question is how do you know he's the hacker. >> an excellent question. i've been communicating with theperson who owns the account to demand the ransom.

it's pretty safe to assume he's one in the same. no ran some has been paid. we know that for two reasons. first of all, the person controlling the e-mail account has been asking for the ransom that says he hasn't been paid. he goes by andy. he tells me no contact officially. i think they don't want to deal. but someone must be responsible for people's safety in a company like that. i don't think he's a native english speaker, by the way, so we will try to force them by hacking again and again to make people safe. this is the way he writes. i just copy and paste. we know also because this is the bit coin account he provided for the ransom payment. it definitely does not have any big payment and no record of a transaction. muni says it eggs up and running, presumably has patched the whole. sayer knows is facing more lawsuits. the latest from a private investors, one of several

brought when it became clear their nose was not able to do the testing the young ceo said it could do. learning more about who invested in theranos. a new report shows $100 million invested by rupert murdock who runs, among other things, the "wall street journal." the "wall street journal" has been on top of the debacle. the reporter may win a pulitzer for this. there's nothing elicit here, it's just incredibly ironic. markets ended a four-day winning streak on monday. the dow fell 54, nasdaq down 30. today is giving tuesday. possibly the least known day of the shopping season. paypal last year raised $48 million for charity, up to $15 million the year before. they hope to break it again today. >> a great thing. you can think of others. be in the holiday spirit as we take a live look outside.

there's a tree lighting ceremony going on in san francisco in the financial district. there's a bit of a chill in the air. just setting the tone here for this november. it's cold. >> very cold start to our tuesday. >> definitely feels much cooler than it did yesterday at this time. make sure you're prepared for that. otherwise we're in for a very nice afternoon as temperatures warm up. we don't have the mist and drizzle we had yesterday at this time. it's much cooler as those skies clear. let's get a look at the temperature, 47 degrees there, heading up to 59d and clear skies all across the bay area. feeling milder air in napa. 52 degrees, it's 44 in san jose and morgan hill. 40 degrees, so a few spots may dip into the upper 30s right before sunrise. later today it looks nice in the

tri-valley and peninsula. 50 degrees in the south bay, 63 in the north bay. it will be windy in san francisco at 59. we're looking at the approach of the next weather system. there's not a whole lot to this. it's very thin, starved for moisture, but it will be enough to kick up those winds. that could also create the high surf today. high surf advisory continues all along the coast as those waves come up to about 14 feet and that expires at 6:00 this evening. going hour-by-hour, not much to see today, but clouds roll in tomorrow. once again that system that will be moving in will bring in spotty light rain, not expecting much out of this. on thursday it clears out with some breezy conditions once again as the cool air continues. as we look over the next ten days, not a lot of weather systems to bring us any rain. we continue with dry weather for the next several days in san francisco, staying in the 50s. look at the end of the forecast. early next week it will be

chilly, highs only reaching the upper 50s. so we'll keep you up to date on that. mike will keep you up to date on the roadways. what's happening in oakland? >> a minor crash in oakland. we also have the bay bridge metering lights. we have a light, mild build for your bay area freeways, especially for a tuesday. we often to see this this time of year. we're looking at eastbound 580 at 980, the slowing still reported getting away from the bay bridge and countercommute through the maze. not a major issue as far as volume of traffic, but one lane is blocked. the slowing is on the incline past the bay bridge toll plaza, and at the toll plaza itself, about 19 minutes from highway 4 down to the bay bridge. a smooth drive through the castro valley y, volume starts to increase through hayward at the san mateo bridge. a slowdown at pleasanton and sunol for 680. in the south bay one connector is closed, some construction

work going on, repair work after earlier damage than yesterday. that's getting on to 85 from northbound 101. we're also talking about delays for the vta service on monterey road because of the deadly crash we're following. we're outlining 66, 68 and 70, 73 and 304, all the routes that go through the area. up next, the latest on breaking news we've been following this morning in the south bay, a fatal crash on monterey road in san jose where a woman was strukd and killed by a cab. these are live images you're looking at right now as investigators corporate their work there. it could cause significant traffic delays in a busy part of the city. kris sanchez is on scene. live report just minutes away. >> also affecting the vta lines as weld. breaking news, a plane crash in colombia killed 76 people, many of them soccer players. we'll post immediate updates on our twitter feed. >> a norther california couple who became stuck in snow while

driving in a mountainous region have been found. searchers found the couple in their truck on monday. more on their rescue on our website. back in two minutes. happening today...

the driver accused in a deadly school bus crash in tennessee-- will appear in court. 5:57 tuesday morning. the driver accused in a deadly school bus crash will appear in

court. johnthony walker is charged with reckless driving, vehicular home side and reckless endangerment. investigators say he was not on his designated route when the bus crashed. six students killed, five others are still in the hospital. no drugs or alcohol were found in his system. also happening today, bay area transit officials will meet with educators and economic experts to talk about the future of the caltrain corridor. a panel discussion tonight will talk about how to make improvements along the caltrain highway, 101 corridor so cities can grow without worrying about gridlock. jumping right into action. a quick thinking police detective is credited with saving a man from a burning car. here is the dash cam video. it happened right before thanksgiving in pleasantville, new jersey. a 63-year-old man had a medical emergency and crashed into

another car in a parking lot there. the accelerator jammed. another driver tried to get the man out of the car but was not able to. a police officer arriving on scene got that car to stop and pulled the man out of it. >> i would never see my family or another thanksgiving again. >> definitely rogue. something he didn't have to do. he put this individual first. >> turns into a holiday blessing. the detective who jumped into action is set to retire in a few weeks. the city plans to honor him with a lifesaving award. right now, following breaking news out of the south bay. >> reporter: a woman is struck and kimd as she's crossing a busy thoroughfare in the south bay. what we know about the driver behind the wheel. plus at least 76 people are dead after a plane crashed minutes before it was supposed to land. the leads investigators are now following this morning as try try to figure out what went

wrong. a shooting outside a popular bay area shopping center. police believe they have all the suspects in custody this morning. the reason officers were able to get to the scene quickly and make those arrests. "today in the bay" continues right now. very good tuesday morning. thanks for joining us this morning. i'm laura garcia-cannon. >> i'm sam brock. we saw kari hall's mike croat climate weather map. a lot of blue. >> it's chilly outside. very cold this morning as you head out. be prepared for that. all clear skies, no issues with fog. as we get a look now at san jose, you can tell the road is flowing smoothly. we'll check with mike in a second as we get a look at what's happening as you head out the door. here is the temperature now in livermore, the coldest, 37 degrees. more 30s in the forecast for the next several mornings. i'll detail that and what to expect during the afternoon. that's coming up in a few minutes. heading over to mike, what's happening? >> the skies a