together ♪ >> some would say a queen is never too late, according to madonna, a response to a lawsuit that might strike a chord with some of you. at 6:15 for you, how late is too late to start a concert? we'll talk about that in just a bit. "today in the bay" continues right now. good monday morning. thanks for starting your morning with us. i'm marcus washington. >> i'm laura garcia. we will eight get to your monday morning commute, a three-day weekend for a lot of folks. >> we got a surprise. >> got a little something and good weather as well. >> really nice weather out there, we're starting out with clear skies, cold temperatures and a little bit of fog here and there, going throughout the rest of the day, sunshine and a live look in san francisco. we're seeing some clear visibility here as we go into the rest of the day for veterans day, getting out and about, temperature also warm up into the mid-70s and some low 80s for parts of the north bay, as well as the east bay in concord today and morgan hill reaching 80 degrees. we'll talk about the rest of the

week with the cooldown on the way. mike, you have an unexpected delay through the south bay. >> i should have specified an unpleasant surprise for soean je 101 jamming up from 280/680 up to shy of the nimitz, about oakland road. as we look at the freeway, we have traffic jammed up there because of a crash only one car in lanes and it's only in one lane but it's the middle one, and that's the big jam up here. folks will start to take 280 and yes 87 will be an alternate right now because traffic is so light around the rest of silicon valley. san jose feeding up toward the rest of silicon valley moves nicely except for the 101 section. everything else looks smooth, including the bay bridge toll plaza but i have word on the crash there and also some slowing for walnut creek. back to you. 6:01. >> things are heating up on capitol hill. lawmakers are making final decisions who will testify after

republicans finished their wish list. tracie potts is live watching who makes the cut. tracie? >> hey guys, good morning. so democrats have said no to hunter biden, joe biden's son testifying, saying it's not relevant to the impeachment inquiry and saying no to the whistle-blower, because they say that testimony is now unnecessary, and the whistle-blower's identity should remain protected. the whistle-blower did not have firsthand information. several people who are set to testify do. the hearings are set to begin on wednesday. the acting ukraine ambassador are set to testify and another state department official, the former ukraine ambassador on friday. >> tracie, is there anyone on the republican's list the democrats will allow to testify? >> there are a couple of people who already testified privately

that republicans want to hear from in the public hearings. they are likely to get a yes. >> all right, tracie potts live in washington, thank you very much. every morning scott mcgrew also gives us analysis of the news out of washington, depending on when you wake up, you can see him at 5:45, or stay tuned and watch another new report at 6:45. you can also follow him on twitter and facebook. if you're headed to the b.a.r.t. platform this morning, or just out and about, you're probably hearing about this next story here. b.a.r.t. riders are still protesting how police handled a man who was cited for eating on one of the platforms. this morning, that story has its own hashtag and it's the number one story right now on nbcbayarea.com. bob redell is live to tell us more what's happening next in this case. bob? >> reporter: marcus, this weekend a number of riders posted pictures of themselves eating on a b.a.r.t. platform under the hashtag brunch on

b.a.r.t. this protesting what happened last week. look at this video that sort of went viral last week, of a b.a.r.t. police encounter with a man eating on the platform here at pleasant hill b.a.r.t. which is against state law. the video does not capture the start of this conversation so it's not clear how it escalated so quickly. you can see the officer holding on to the man's backpack. he repeatedly asked the man for identification, the man refuses and then the officer says this man will be detained. >> you single me out, out of all these people. >> you're eating. >> so what? >> it's against the law. >> no way. >> reporter: the man was handcuffed, cited and then released. on saturday, people organized an informal protest at the embarcadero station brought their own breakfast sandwiches, they ate them on the platform daring b.a.r.t. police to arrest them. their goal is to get the states to decriminalize eating on b.a.r.t. which they describe as

an insane law. one of the b.a.r.t. directors janice lee wanted to hear what people thought about the incident. how often is this no eating rule enforced? nbc bay area has filed a request through the freedom of information act to try to find out. we'll bring an update if and when we get that information. a b.a.r.t. spokesperson tells us this man was not cooperative with the b.a.r.t. police officer, refused to provide his name, which is why that engagement lasted as long as it did. b.a.r.t. also says they have sent this video to a police auditor for review. reporting live here to pleasant hill b.a.r.t. station, bob redell, "today in the bay." >> law is law but you think this is one of the laws the officer was reminding him, you can't do this, and move on, but -- >> a lot of people are talking about that one. thanks a lot, bob. 6:05. over the weekend, things apparently got a little rowdy on san francisco city streets, this is video of a sideshow. the chp says it happened last night, just below the van ness on-ramp to 101.

as far as we know officers didn't make any arrests but sideshows continue to be a common bay area problem. oakland police had extra staffing in place to crack down on illegal sideshows there. a follow-up for you now to the case of a mural hit by vandals in san francisco's mission district. several panels were tagged with black spray paint discovered saturday morning. the mural contains depictions of different latino community leaders. one artist who helped restore the historic work was outraged when he found out what happened. >> man, i was just fuming, because we had just restored it about a year and a half ago, and it got tagged by gang bangers about a year and a half ago, and we came and just to touch up the damage and we wound up restoring the whole mural. >> the artist says when they last restored the mural they applied a layer of sealer. he comes on coming back to see if he can wipe the spray paint off of that sealer. >> it's 6:06 right now. levi's stadium will be rocking tonight as the

undefeated san francisco 49ers play in front of a national tv audience. we have all you need to know, whether you're headed to levi's or just watching from home. "today in the bay's" kris sanchez joins us live in santa clara this morning, and kris, this is going to be a big night i'm excited for this one. >> reporter: you know me, i love football so i'll watch almost any game but definitely watching tonight and a lot of 49ers lifelong fans are watching, maybe some new fans, too. we won't call them band wagon fans because that's not very nice. the niners are undefeated going into tonight's matchup, nationally televised game against the 7-2 seattle seahawks, looking to improve their record. san francisco quarterback jimmy garoppolo says the seahawks and their qb russell wilson will do a good job with everything, but they also have to deal with bay area fans. >> it will be fun. it will be a good atmosphere. levi's was rocking last time when we played carolina and i wouldn't expect anything less for monday night. the faithful will be loud.

>> reporter: it is a good thing the game is going to be on tv and livestreamed because our resident sports nut assignment editor sean murphy looked for tickets for us this morning. $215 is the cheapest ticket on ticketmaster, $1,400 for the good seats. but you can watch for free via the 49ers app or 49ers.com and it's going to be televised on espn, if you have cable. levi's stadium tweeting it will be packed for monday night football, 1:45 the parking lots open, 3:15 gates open. kickoff is at 5:15. santa clara pd is warning of heavy traffic and urging folks to consider public transportation and telecommuting if you stay off to honor our veterans, hopefully that will work out as well. i want to know if you're watching the game, where you're watching, what snacks you're serving as you watch the game. find me on instagram, facebook and on twitter as well. laura and marcus? >> because we'll come wherever the best snacks are.

>> that's true. see you tonight, kris. >> reporter: see you tonight. >> sounds good. all right we all may be a little tired tomorrow but it will be worth it. go niners. >> yeah, we're going to have some great weather and that's part of the perks of being part of the faithful, that you have tickets before this season started so if you're trying to get the tickets now, it's going to be a lot more expensive, so here is a look at our forecast for today. it's going to be great. our temperatures start out in the mid-70s. 70 degrees at kickoff, and then at halftime, jacket weather. so it's going to cool off fairly quickly. looking at all of our microclimates, and for today we're going to see at noon some low 70s for fremont, mid-70s in livermore. san francisco will be in the upper 60s but we will make it up to about 70 degrees today, and the inland valleys in the upper 70s so we'll be warm for this time of year. we will have a cooldown in the forecast, so i'll have a look at that in a few minutes. mike, you have good news for two

commute spots. >> that's right, the first one we'll talk about is the bay bridge toll plaza, where there are no metering lights, and the crash that was reported just past the toll plaza is over on the right shoulder. so it shouldn't be much of a distraction, because traffic is flowing so smoothly here over at the toll plaza itself. as we get our way around the rest of the bay, we'll show you traffic flowing, maybe we won't. we'll talk about san jose where the crash cleared from the south bay and that's great news, north 101 is recovering from 680 up to old oakland road and see if we can recover our computer, it should be an easy fix. we'll send it back to you. >> thanks, mike. 6:10. coming up next talking about madonna. >> a story mentioned moments ago. how late is too late for one fan? the claim is in a lawsuit and the material girl's response. politics definitely making its way into our social media, right, but the way that social media is dealing with it a scattered shot. i'll look when "today in the bay" continues.

good morning. right now at 6:13, we have a beautiful sunrise under way right now. as we take a live look outside in san jose skies are clear but we will see a cool start to the day, upper 40s ads you head out in willow glen, throughout the day we go from 47 to 72 at 2:00 a nice warmup for the rest of the afternoon. we'll talk about what's ahead with some cooler air moving in

we have a new issue in oakland i'm tracking, headed into downtown, past downtown san jose north 101 recovering from the earlier crash on the shoulder, all lanes are cleared for 101 at 880. a good morning to you. it is veterans day. the stock market is open. the bond markets are closed. stocks took a break from their recent rally on friday, after president trump cast doubt on the progress being made with the chinese on trade and tariffs. san francisco's gap says it will break old navy into a separate company. head of the fed jerome powell will face congress this week to talk about the economy and interest rates. the president trying to make the case the impeachment proceedings are hurting the economy, so no doubt someone will ask powell about that.

the impeachment hearings are filtering their way into all kinds of things. the president calling for the unmasking of the whistle-blower. it would be illegal for a government worker to do that. facebook says it's going to take down the ads that claim to name the whistle-blower and youtube is doing the same, owned by going willing. meanwhile twitter is allowing the name to circulate. these are all separate companies, they can do what they want, but tech's response to major issues has been scatter shot. in the case of political ads, twitter won't allow them. facebook will. youtube says it's examining the issue. recently, mark zuckerberg made a major address at georgetown, where he explained facebook's policy on free speech going forward and then almost the very next day started making change all those policies and been adjusting them ever since. facebook says its policy of taking down the whistle-blower's name is consistent with its older rules as facebook prohibits the naming of witnesses if they would face

intimidation and this case obviously the whistle-blower would. >> interesting. >> it is. >> thanks, scott. >> 6:15 for you right now. when the queen of pop is, you know, the queen, sometimes she just takes her time, but some people say that is just too long. so the problem here is that we're "living in a material world" so madonna's starting way past the start time. fans says she's making them wait, get this, more than 20 hours after the posted start times before taking the stage. one florida man calls it a breach of contract between the singer and ticket buyer. he cites the upcoming miami concert where she pushed that start time to 10:30. >> it's a long time to wait. a couple hours? >> even for madonna. >> that's 2 1/2 hours after it should have started. >> before you get there, find parking. >> you get a sitter. >> that late you should do a

thank you for coming, thank you for coming, for all of your guests who had to wait for you. it's a little too long. >> yes. >> we don't have to wait for the forecast. kari won't make you wait. go ahead. >> looks good. we are starting out with clear skies for most of us. throughout the day we have some beautiful conditions expected, as we start out with cool air. here is a look at our beautiful sunrise, taking a look at palo alto, very colorful as well, and so we're going to see our clear skies staying with us throughout today. upper 40s as you head out the door. and we go from 47 in palo alto to 67 at 11:00, and 72 degrees at 1:00 today. getting out the door on the other side of the bay, looking at warm springs b.a.r.t. forecast, we are going to see it up to about 47 degrees at 7:00 and then making it into the upper 60s and low 70s. so we are going to warm up nicely, well above normal. we should only be in the upper 60s this time of year. we're up to 78 degrees in san

jose, and we're looking at a high in gilroy up to 82 degrees. we'll see a few low 80s but mostly 70s across the east bay, with oakland today reaching 75 degrees. hayward will be up to 74. also 74 in san mateo. san francisco reaching 70 degrees and we'll reach 76 degrees today in novato and the other issue will be the very low humidity, we'll see especially in the north bay. we will have an increase in the winds but it's mostly for the upper elevations and when you have the relative humidity dropping at about 20%, the air is critically dry, but we will see it coming up a little bit more during the overnight hours but the other issue once again will be a breezy wind picking uhm and some of the higher elevations, most of us won't feel this gusty wind, and then as we go into the next couple of days, our winds are expected to stay breezy, as a couple of cold fronts move through. high pressure is moving away, but still we're not looking at any rain here. it will allow for some cooler

air to move in, going into the middle of the week. we'll see a shift in our wind direction, and then going into the weekend, high pressure building once again, but notice what's happening here. there are some cold fronts, there is rain across the region, but we're missing out on it, because of high pressure blocking it, steering it up to the north, and around most of this region. so we are going to continue on with some dry weather in the forecast, looking at high temperatures cooling off for the rest of the week. we're starting out today, up to 80 degrees, but then some low 70s by the end of the week. mike, your maps are back, are they in good form now? >> they are in good form, kari, yes, they are, thank you, and so is the commute at least in this live shot. 101 recovering nicely, because of the light overall traffic flow. our camera north of the 280/680 interchange we have good flow right there. there are patches that are still recovering as far back as tully. we see some slowing but our partners at waze say everything is starting to move much better

headed toward 880 and oakland road. the crash is on the shoulder if it's not completely cleared by now and the rest of the south bay looks great. remember this is a holiday for many businesses and most schools and so we will find a lighter flow of traffic around the bay, the tri-valley starting to show a little bit of build and no problems for the nimitz or highway 101 on either side of the bay. walnut creek south 680 there was an earlier issue a disabled vehicle around south main, they should be clearing that shortly to the shoulder. a short section of slowing past that scene and north 880 around gift reports of a car fire, might be a big rig with smoking tires on the shoulder. usually that causes a big backup. traffic at the coliseum at speed, nicely spaced and no problem on the map right there at 12323rd. the bay bridge is a smooth drive and at the bay bridge look at this, folks, if you're not looking, enjoy that view. >> wow. >> laura, got a little wow! going on, because there are no metering lights. it's light right now. it will build midday and afternoon, that's what happens, typically on a holiday monday.

back to you. >> there you have it. people sleeping in a little bit. we have much more ahead for you, including overnight, new violence in hong kong, as protests erupt once again. at 6:30 for you, we'll talk about the shocking moment caught on camera. her efforts to get a real i.d. were a real headache at the dmv. i'm consumer investigator chris chmura, "nbc bay area responds," next. jooirnlgs our team is always on social media, look at the photo kris sanchez shared of her dog on instagram. follow kris on instagram. you're watching "today in the bay."

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welcome back, everyone. it is 6:24. nbc bay area responds to a san francisco woman who wasn't getting anywhere, she says w the dmv. >> she contacted consumer investigator chris chmura and his team for help. >> good morning. jenny maclin has been going back and forth with the dmv since june of last year, when she says she visited an office for a real i.d., which will be required for air travel next october. jenny says she paid $28, but soon discovered her new license had the same expiration date as her old one. she expected her renewal to be pushed back a little. she was right. it turns out the clerk issued a duplicate license instead of doing a full renewal.

jenny complained, but ended up paying an additional $35 just two months later for a proper renewal with an extended expiration date. next jenny applied for a refund of the initial $28 that she paid and didn't get her money back, so she contacted us. we contacted the dmv and within 24 hours, she got her 28 bucks back. the dmv in a statement said that miss maclin was right to request a refund and we regret it took so long and so many attempts before she was issued one. head over to nbcbayarea.com/responds with your consumer complaints or call us 888-996-tips. >> thanks so much. 6:25 right now. more than three months after the mass shooting at the gilroy garlic festival, gun control is expected to be a hot topic during a town hall in campbell this morning. state assembly member evan lowe is expected to sit town with the founder of the moms demand gun safe access in america. the event is free and gets under

way at 10:30 at the orchard city banquet hall. also new this morning, a maryland company is working to make a medical break-through finding a cure for hiv. american gene technologies has submitted a 1,000 page document to the fda for a single dose drug it touts as a cure for the vir virus. over 1 million people in the u.s. are living with hiv. the company is expected to hear back from the fda before the end of the year. if the drug is approved, phase one of a clinical trial could begin in january. 6:26 right now. still ahead for you this hour, a rare site in the sky, when you will be able to spot a planet passing over the moon tonight. and the warning before you look up. plus more local news, the question one man's family is asking after a deadly encounter with police. much more news ahead. you're watching "today in the bay."

right now, 6:30, fire danger, is kicking back up in parts of the bay area this week. kari will highlight some of the problem spots so we can all stay safe. show of respect, the move workers who are on strike will take today, after the sudden passing of kaiser's ceo. the reaction we're getting to his death. and oscar winner sues the north bay land squabble at the center of a legal fight, featuring last year's best actress winner. "today in the bay" continues right now.

a very good morning to you, and thanks for joining us. happy veterans day as well. i'm laura garcia. >> and i'm marcus washington. let's head over to meteorologist kari hall with a look at what we can expect from the forecast today. >> looks pretty good as we get ready to head out the door. we're starting out with clear skies and also some cool temperatures. this is a live look outside in walnut creek, as we are going to step out the door to temperatures in the upper 40s, but it will warm up as we go throughout the day. so expect our temperatures to lead into some mid-70s by early this afternoon, eventually reaching about 78 degrees in antioch, 80 in santa rosa. san jose will see a high of 76 degrees there, and 70 in san francisco. we'll talk about what's ahead for the weekend as well. but mike, how is it looking at the bay bridge? >> it's a clear view at the bay bridge and i mean of the pavement right here, because traffic is very light. we typically see this on a holiday monday as it is today. you'll have the light commute early and midday early afternoon things will kick in. we have an issue with the

disabled vehicle south 680 around north main and another disabled vehicle around the walnut creek interchange. we'll check to see if chp sorts them out as separate incidents or a duplicate report. no other real reports throughout most of the bay and the south bay. we have recovery the earlier crash at oakland road cleared from north 101, our partners at waze saw things starting to clear up from tully, suddenly at tully, another crash reported and slowdown approaching there. this stretch of the bay shore moves well. back to you. developing for you this morning, in the north bay, vallejo police are investigating a deadly shooting involving an officer not from its own department. >> "today in the bay's" pete suratos joins us live from vallejo police headquarters with details. pete? >> reporter: good morning to you guys. as you mentioned involving an officer not with the vallejo police department. they say the shooting involved an off-duty officer with the richmond police department. there's a lot of unanswered questions on exactly why or what led to the shooting taking

place. i was going to show you a scene from vallejo when the shooting took place yesterday. police got a call 5:30 yesterday in vallejo near fairgrounds drive of a man suffering from gunshot wounds. he eventually died from the injuries on the scene. his family has identified him as 38-year-old eric reason of vallejo. friends say he was a father of six children. a large crowd gathered at the scene last night holding hands in a prayer circle for the vallejo man. family and friends say they want answers as to why this deadly shooting took place. >> all i know is this needs to be investigated. i will not lie down and let this go away. i believe that the police involved shooting as usual, he was a working man. >> one of the best people i've ever known, with a huge heart, father of six, just got his life together. >> reporter: as i mentioned, vallejo police say the man involved was an

off-duty richmond police officer, apparently driving the mercedes you see in that video. some witnesses say they heard seven to ten gunshots. but the solano county d.a. and vallejo pd will handle the investigation moving forward. reporting live, pete suratos for "today in the bay." >> pete, thank you. 6:33 right now. developing this morning, protests in hong kong have taken another violent turn, after a police officer shot a protester point blank. we're about to show you the video t may be disturbing. we'll freeze it before the man is shot. [ speaking in foreign language ] [ gunfire ] >> cnbc confirms the man survived and has undergone surgery. separately hong kong police say protesters elsewhere set a man on fire, that man is now said to be in critical condition.

there's no word yet about what led up to either of those incidents. most of hong kong this morning is at a standstill. coast guard rescue crews never located one of four people on board a fishing boat that capsized saturday, 30 miles off the coast of bodega bay. this is video showing the rescue of two men and one woman after the boat capsized. the coast guard yesterday called for the search for the fourth person a man that may have been wearing a life jacket, but could not locate him despite an extensive search. leading bay area health provider kaiser permanente facing a world of uncertainty after the unexpected death of its leader, ceo bernard tyson. the 60-year-old died in his sleep early yesterday. he took over as chairman and ceo five years ago, after spending nearly 30 years with kaiser in various other roles. he pushed for affordable health care for all americans. at the same time in the wake of tyson's death a strike workers planned to start today

has been postponed. some 4,000 mental health professionals were planning to hold a five-day strike but the union believes it's inappropriate to do so. a new strike date has not been set. new this morning, movie director joel cohen and francis mcdorman are suing their marin neighbors over ongoing land dispute. according to "the chronicle," the lawsuit accuses the neighboring couple of ignoring historic property boundaries. they moved into their home in 2005, but there's been controversy between the neighbors over an area separating their land. if you're headed to the pump you'll notice prices are holding steady. gas prices rose by 32 cents between the end of september and mid-october but now experts say gas prices are staying level. they say it's because the demand for gasoline flips this time of year. the average price for a gallon of gas nationwide is $2.68.

the bay area those prices are sitting at about four bucks a gallon, which is the highest price you guessed it, right there in san francisco. happening today, if you have the right equipment, you have the rare chance this morning to see the planet mercury cross the sun. this is something that won't happen again until 2049. the transit started before dawn on the east coast but californians should be able to catch part of the event. of course looking directly at the sun is dangerous. you won't be able to notice much with your naked eye anyway. in 20 minutes at 7:00 a.m., oakland's space center opens and you'll be able to check it out with their specialized telescopes. >> that should be something nice to see in the sky. right now, what is it like on the roads, mike? >> i don't know, if you look toward the sun even just look away. >> i know, don't. >> you get to the roads my gosh don't do that. >> at all. >> we're looking to waze with our partners because we have all of our friends around the bay area at nbc bay area wazers, the

team they are on, north 101, an unnamed wazer did report this crash just as the backup started to form, we talked about it. we said thank you because we're polite and appreciate everybody sharing. we get out to the roadways and show you there aren't as many people sharing on the other maps because the volume of traffic throughout the south bay only shows 101 recovering from capital expressway up to tully, the earlier crash cleared and good recovery north toward oakland road. a short stretch of 101 is really bad slowing and that should start to move better over the next few minutes, i hope they can clear the lanes quickly as we've been doing all morning. the rest of the roads are clear and haven't had much of an issue as far as crashes. disabled vehicle the two reported near the walnut creek interchange were just one and no problems south 680 toward 24. >> coming off a nice weekend, hoping for another. >> it will be cooler this upcoming weekend. i thought it was warm during the middle of the day, so we're going to take it back to fall or where we should be for this time

of year with our high temperatures inland going from 80 today to the lower 70s by the weekend and for san francisco, we're looking at mid-70s for highs, just a few clouds here and there, especially during the morning hours. if you're planning to go to the tri-valley this weekend, expect a cool day on friday, only reaching 68 degrees and then we'll see some highs up to about 75 degrees by the end of the weekend. if you're going to the sierra, still no snow at least nature made snow. we're going to see the temperatures in the mid-50s on saturday, and then up to about 60 degrees on sunday. and carmel valley is looking like a great destination for the weekend. the coolest temperatures once again on friday, once that cold front moves through, and then we gradually warm up into the upper 70s. we'll talk more about what's going on today, the south bay temperature trend coming up in three minutes. >> sounds good, thanks, kari. >> 6:38. still ahead this morning, disturbing story out of california, in a classroom

there, what one teacher allegedly forced a little boy to do when he needed to go to the restroom. but first -- >> why is there a store downstairs selling food if we're not allowed to eat up here? >> it is a b.a.r.t. breakfast backlash. video going viral in the past few days, sparking an outcry, some say an officer stuck too close to the letter of the law. in politics, this is the week that the public hearings begin. we'll give you a preview. let's take you out to the big board in new york city, dow industrials down about 121 points, after a great week last week. new concerns about the chinese and the americans actually agreeing on something. you're watching "today in the bay."

right now at 6:42, we have a nice sunrise as we take a live look in san jose. campbell normally our high temperatures about 66 degrees. we're going to be about ten degrees above that today. still a cool start with some upper 40s, but sunshine into the rest of the afternoon. we'll talk about this and a cooldown in the forecast, that's coming up in less than five minutes. >> and we're looking at a great drive time as you travel down the east shore freeway, pretty much anywhere getting toward the bay bridge, where we'll show you what things are like over there. here is the reason why, oakland drive is so great, north 880, more sparsely populated than the

southbound side by the coliseum. we'll give you the big look coming up. >> thanks so much. 6:42 right now. now to some of our top story. b.a.r.t. riders protesting the response by police to someone eating on the b.a.r.t. platform. officers cited him, and then over the weekend, others started posting eating selfies taken on b.a.r.t.'s platforms as well under #brunchonbart. last week video as the b.a.r.t. police encounter went viral. the man was eating on the pleasant hill platform. it's not clear how it escalated so quickly. but as you can see, the officer was holding on to the man's backpack repeatedly asking the man for his i.d. the man refuses and the officer said he'll be detained. >> you single me out, out of all these people? >> you're eating. >> so what? >> it's against the law. >> so what? >> the man was handcuffed, cited and then released. b.a.r.t. meantime is sending the clip to a police auditor for

review. contra costa county leaders appear poised to be the latest to approve a vaping ban. supervisors tomorrow will vote on a plan to halt sales of ecigarettes along with menthol cigarettes and other flavored tobacco products. the ban would apply to unincorporated parts of the county. san francisco, santa clara and san mateo counties have all passed similar bans. the east bay community rocked by halloween house party shooting is taking another step towards healing. dozens gathered last night in orinda to remember the five people shot and killed, the names of the victims were read aloud. organizers say they wanted the victim's families to feel like they were supported. >> while we can never imagine what they're going through, we wanted to honor the children, i think, they're between 20 and 30, the people who died. so we needed to say their names, and we need to let people know that we care that they are lost. >> the shooting happened at an

airbnb rental. it's prompting changes at the company, including banning so-called party houses. police have yet to make an arrest in the case. >> 6:44. at last check parts of popular venice beach in l.a. remain closed after needles and other medical supplies were spotted in the sand. look at the images lifeguards posted on twitter. they cordoned off the area. public health officials are it trying to figure out how the needles ended up on the beach. new for you this morning, a southern california family is suing the los angeles unified school district, and according to the lawsuit, the family says staff at an elementary school forced their 8-year-old son to urinate in a trash can, in front of his classmates. that suit also claims employees never called the parents and instead put a garbage bag over the third grader's urine soaked clothing. the alleged incident happened in march. the family's attorney has negotiated moving the boy to a different school. >> 6:45. happening tomorrow,

the fate of tens of thousands of undocumented immigrants brought here as children is at stake, when oral arguments will be heard for a case involving daca. if justices decide lower courts should not review the president's decision to terminate the program, it will end. it could also decide that courts are allowed to review the decision, and make a decision on whether or not it's lawful. and those are just two possible outcomes. the ruling won't happen until january at its earliest. to decision 2020 and a show for support for senator elizabeth warren. forrers just opened a campaign office in downtown oakland. hundreds came out during a launch event yesterday. oakland city council president rebecca kaplan of one of several leaders endorsing the presidential candidate. >> we can, we will and we must provide a future that provides health care for everyone. that is one of the many important reasons that i am so proud and honored to endorse elizabeth warren as the next president of the united states.

>> the office is the first in the state to be opened up by the group california for warren. supporters say it will use it to train and organize supporters. the democrats have this one chance, marcus, with full tv coverage to really convince the public the president overstepped his powers and used his office to benefit himself. the line-up at the public hearings which begins later this week will include people with incredibly strong credentials. bill taylor a west point grad, fought in vietnam worked for republican and democratic presidents. trump appointed him as interim ambassador to ukraine. george kent is president trump's top adviser on russian affairs. and marie lyovanovitch has worked as a diplomat since 1986. trump asked her to stay on as ambassador before later firing her.

>> they're having people, i never heard of some of these people, i don't know who they are. by the way it's all third-hand knowledge. >> someone who was on that call not third-hand was lieutenant colonel alexander vinman. he was removed from his post on the national security council over the weekend, this is well within the president's right to do but hard not to see it as completely connected to the fact that vinman immediately raised alarms about that phone call. mick mulvaney who twice said the president committed quid pro quo before retracting it has been subpoenaed as a witness. but will ask a judge to rule whether or not he has to appear, the white house, whether it's bush or obama or trump, has maintained private conversations about policy should remain private under the concept of executive privilege. then again mulvaney talked about those conversations on live television, may negate that claim. you can't say it's private if he held a press conference about it. president trump is uncomfortable with some of the republicans saying the call was

a mistake but not itch peachable. "republicans don't be led into the fool's trap of saying it was not perfect but not impeachable. no, it's much stronger than that, nothing was done wrong." the white house says it has a transcript of an earlier call that it will release tomorrow. a reminder these are not actual word-for-word transcripts. the first one, which was released by the white house, was damaging and proved many of the president's critics points. the president doesn't see it that way. we'll be covering everything on twitter as we begin this public hearing. you can follow me, i'm @scottmcgrew. >> thanks so much. i hope you're being a good boy, scott mcgrew, santa is coming to town. in finland's frozen north, santa claus kicking off the christmas season in the place that claims to be his official hometown. santa was welcomed by a crowd in the village on the arctic circle. every year thousands from around the world make their way there to see santa and his very busy elves. santa sending out a reminder for

kids to be good, always be kind because carrying around the sack is coal is kind of tough. >> don't want to do that for the next year. >> sitting on santa's lap in lapland. >> there you go. more like ikea. >> yes. >> all right, so look here today we're dealing with some nice weather. >> yes, it's going to be nice today. we're starting out cool, but then we'll warm up, and it's still feeling like the end of summer around the bay area. but we do have some fall-like temperatures in the forecast. here is a live look outside in san francisco, with a nice sunrise, and a clear start to the day here. we've seen some drifts of fog moving across parts of the bay area, but overall we're mostly clear, so our temperatures are very cool. we're down to 40 degrees right now in santa rosa. 43 in oakland, and it's 48 degrees right now in san jose. it's a cool start, but we will have a warm afternoon, we're getting ready for monday night

football out there at levi stadium. we're going to see temperatures for some of the pregame festivities in the low to mid-70s. cooling down as the evening goes along, so make sure you have a jacket. we'll be right at about 62 degrees at 8:00, and then going into all of our high temperatures for today, we're staying above normal, reaching 79 degrees in livermore. ukiah will reach 83 degrees. san francisco up to 80 degrees. palo alto reaching 75 for today. and we are also tracking the wind, for some of the upper elevations in the north bay, we could see those winds picking up. most of us in the valleys and some of our more populated cities will not feel much of a gust of wind, but we are going to have some very dry conditions for some of our hills. we'll be watching out for a slightly higher fire danger for today, but we will see those winds starting to calm down. we do still have high pressure but it is on the move, and we're going to see some changes as we go through the rest of the week,

but unfortunately those changes do not include any rain. those storm systems are still being driven well up toward the north of the bay area, and there are several of them, but that high pressure remains in control. normally we're starting to head into the wettest time of the year, but so far, we haven't had a drop of rain, and so even as we go into the seven-day forecast, it will be dry going into all of this week, possibly early next week as well. we are going to at least have a cooldown, we're headed for highs in the low 70s by the end of the week. mike, you're checking back in at the toll plaza. >> by toll plaza i mean the most populated shot we have, the richmond to san rafael toll plaza, which actually just cleared over the last few minutes, kari. looking toward the westbound commute it's more populated or at least just as lightly populated as the bay bridge, where we have not seen metering lights all morning. this is the early commute on a holiday light today, traffic flowing around that portion of the bay, very light and even the

slowdown we had in walnut creek, 680, that disabled vehicle has cleared approaching 24 between main and 24, there's recovery now and pretty much all over the rest of that shot we do have a lighter flow of traffic. as we get down toward the rest of the bay, we see the map is froze. the rest of the bay the only slowing is northbound 101 coming through san jose from about tully road to 680, capitol expressway is the slowest stretch we have. 280 and 87 are clear, guys. back to you. >> thanks so much, mike. it's 6:53 right now. happening now, bitter cold weather is expected to shatter records across the midwest and east coast. over 200 record lows could be tied or set from today to wednesday. the arctic blast will bring below freezing temperatures to some places, a winter storm is bringing fresh snow to chicago. snow, chicago. o'hare international airport is canceling hundreds of flights. >> we're still in fall. all right. next a quick look at some of the top stories we have for you

this morning, including staying perfect, the 49ers goal tonight against a tough seahawks squad. it's monday night matchup, that has the entire bay area excited, but first, allegations of discrimination against apple's new credit card. we're going to talk about the story from the company's surviving founder, who says even his wife wasn't spared. much more ahead for you here on "today in the bay." we're back in two minutes. my parents never taught me anything about managing money. the amount of student loan debt i have, i'm embarrassed to even say. we just decided we didn't want debt any longer. ♪ i didn't realize how easy investing could be. i'm picking companies that i believe in. ♪ i think sofi money is amazing. ♪ thank you sofi. sofi thank you, we love you. ♪

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welcome back. before you head out the door are here are the top stories we're covering on "today in the bay." >> investigators say an off-duty in va halo say a police officer shot and killed a man, the officer works in richmond, it happened last night at a gas station on fairgrounds drive. family members identifying the person killed as eric reason of vallejo. friends say it was a father of six. we still don't know what led up to that shooting. >> 6:57. goldman sachs is under the microscope for possibly discriminating in how it sits credit limits. a new york regulator is looking into whether limits for men are far higher than those for women. it stems from a series of viral tweets by a web developer who says he was offered a credit limit 20 times higher than what his wife was offered. his wife has a higher credit score. the card in question is the apple card which is managed by both apple and goldman sachs. apple co-founder steve wozniak

is chiming n saying he was approved for an apple card limit ten times higher than his wife. happy veterans day to our veterans out there. most federal, state, county and city offices are closed today, and there are events across the bay area honoring those who serve our country. the 101st san francisco veterans day parade begins at 11:00 this morning in downtown. our own damian true hjillo will serve as the event's emcee. the full list of events on our website nbcbayarea.com. the san francisco giants feature comes a little more into focus today when they introduce their young new general manager. the giants yesterday announcing the hiring of 33-year-old scott harris. he spent the past seven years with the chicago cubs, but he grew up in redwood city and later graduated from ucla. the team is is look fog replace bruce bochy and narrowed its search to three finalists.

every game is a big bun with you tonight for the 49er faithful they're gearing up for what may be their biggest game so far when they host the rival seahawks. >> a live loong at levi's stadium. the niner also get some key injured players back in time in, including joe staley and mike mcglinchey and fullback kyle yuzchek. george kitle is listed as doubtful due to a banged up knee injury and ankle and if you're driving near levi's brace for backups. the game starts a little after 5:00 tonight. >> if you're lucky enough to go the weather should hold nicely. >> highs today inland reaching near 80. >> i hope it's a perfect record as well, quickly to show you how slowing is on san jose streets north 101 just a bit of slowing for 101 recovering from the earlier crash, 87 just kicking in. the commute not kicking in this morning, a lot of folks have the

morning off. good morning, thanks for joining us. >> exactly. the sun's up, maybe you should get up, too. enjoy your day off if you have it. happy veterans day to all the veterans out there. back in half an hour for another local news update. join us midday at 11:00. good morning, novembuary, winter coming ahead of the calendar, a rare blast of arctic air. nearly 300 records set to be shattered with januarylike temperatures and snow expected to make travel a nightmare. al is tracking it all. the first televised impeachment hearings this week. republicans and democrats preparing their game plan and the president digging in. we're live at the white house. life and death. >> free rodney reed. >> pressure grows on the