is the city of oakland ready to usher in the era of big pot? tonight the city council will vote on licensing medical marijuana production here in the city. i'm christie smith. we'll have the story straight ahead. pg&e's latest plan to save energy isn't going over well with some neighbors. the rally today against smart meters. and yesterday ac transit had a sickout causing a problem. a lot of folks out of luck for transit service. we're following that this morning. 6:00 on tuesday morning, july 20th. good morning. thanks for joining us. i'm laura garcia cannon. >> i'm brent cannon. we begin with rob and a check of your forecast. you'll notice it feels a lot cooler out there today. >> it feels a lot cooler and a lot more cloudy outside.

in fact clouds all the way into livermore this morning and even the july sunshine and a marine layer, about 2,000 feet thick today. it will take time for the low clouds to break up inland and look what it will do to today's high. low 80s livermore. upper 70s san jose. 60s and breezy around oakland and san francisco. back to you. >> speaking of oakland, they're in a budget bind and now trying to profit on pot. the city's controversial plan to cash in on marijuana sales. nbc bay area's christie smith is live in oakland this morning with what the city is proposing and the big vote set for tonight. good morning. >> reporter: good morning. well, the city is looking at licensing four medical marijuana production plants here in the city. they see a number of benefits here. number one, tax dollars. also the number of jobs that could be created that are really needed here in oakland. you also have a lot of opposition from those who worry this will put a small, quote, mom and pop growers out of business, those who have been fighting to provide safe access

and legalized medical marijuana all along. the four growers would have to pay about $211,000 yearly which would make some of them operate safely according to the city but some are saying for the small guy it's just too hefty a price. >> if you had four huge factories that were producing medicine for the oakland dispensaries, what role would be left for the smaller master growers who have spent years perfecting their techniques? >> reporter: then you have other businesses like i grow, a shop here in oakland, saying they'll be applying for one of these permits. they think this will create jobs when they're sorely needed here. the city council also is saying that there would be some wiggle room left for the small guy to operate. they're also saying another upside is this would cut down on the number of robberies and fires tied to small growers. if you want to weigh in the meeting is tonight at 5:30. reporting live in oakland,

christie smith, nbc bay area news. >> thanks a lot. police are offering a $20,000 reward this morning in the shooting death of a father of two over $17. 45-year-old jinghong kang flew to the bay area from virginia for a job interview. he was in a parking lot on 19th and webster streets in oakland last night when two men tried to rob him. one of them shot and killed kang and then took off with the $17. kang was a father who planned to move his family to the bay area after he got that job. police don't think the parolee behind the 15-minute highway shootout was acting alone. police say 45-year-old byron williams drove a truck loaded with guns, ammunition, and body armor more than 130 miles from his home in groveland to oakland. he started shooting at officers who pulled him over on 580 sunday morning and is still in the hospital after officers shot him. investigators say they have an idea this is part of something bigger but they're not ready to give out specifics. his mother says he was angry at

the left wing in congress. besides the guns and ammunition they found a book binder labeled "california." the unemployed carpenter has two strikes and could go to jail for life. there is a new fight over pg&e's smart meters. one group says being overcharged is just one in a growing list of problems with the new meters. nbc bay area's kris sanchez is live this morning at pg&e headquarters in san jose with what's behind the protest set for today. >> reporter: good morning, brent. unless you live off the grid so to speak then you probably know the controversy over the pg&e smart meters largely centers on the accuracy of the meters. well, there is one group today that is going to draw attention to the fact that they can also be bad for your health. we're talking about a group that goes by the name of teens turning green. they're calling for a moratorium on the pg&e smart meters because they say the meters put out constant radio frequency radiation the effect of which is unknown on human health. they say there are no long-term

standards on what it can do to people exposed to it and no way for people to opt out if they are concerned. so far pg&e has installed more than 6 million meters in the state. this is the latest wrinkle for those meters which are intended to better track consumption and encourage more efficient use of energy. the teens turning green rally is planned for the steps of the california public utilities commission, the puc building in san francisco for around noon. but smart meters will also be a hot topic in other communities where the city councils there will take up the issue and may consider joining san francisco and santa cruz county in asking the state to put the smart meter installation on hold until all of these issues are resolved. we know folks in capitola are encouraged by an unnamed group to post signs like this one warning utility workers they don't have permission to be on their property to install those smart meters. we don't know if this is in fact enough to keep pg&e off the properties when they are installing smart meters.

all of these issues will be appearing in different city councils around the bay area. in san jose, kris sanchez, nbc bay area news. >> thanks for the update, kris. the center of the cell phone universe is of course silicon vall vall valley. >> we have a big gravitational pull indeed. there is talk this morning chicago-based motorola is going to spin-off its cell phone division and maybe moving it to the west coast. motorola is the oldest cell phone company. they had the very first cell phone. they just sold part of the business to the finnish company nokia. now, analysts suspect it'll spin-off its handset business into its own company, then move it to california. motorola makes the new droid phone and has had a bit of a resurgence ever since. los gatos based netflix on the move too finally offering service in canada. reports say it will not offer dvds by mail but will instead

offer streaming movies to canadian users. this is a logical move. not only is there a huge market in canada once you get through the licensing issues but netflix is slowly moving away from dvds by mail so if it starts up new businesses no sense in getting involved in that. >> it would save a lot of cost as well. >> and people are simply moving toward streaming data into your house. >> they still call it netflix? >> they do call it netflix, not mail fellix. they've been thinking ahead. san francisco firefighters, police officers, and city workers are thinking ahead as well. they are meeting today to talk about pension reform. they are against a proposed ballot initiative from the san francisco public defender which would make city workers pay 10% of their salaries toward pensions and force them to pay for half of their dependents' health care benefits. farm workers from across

california will rally at the state capitol this morning hand delivering a bill to governor schwarzenegger that would let farm workers get paid overtime if they work more than eight hours a day or 40 hours a week. the americas cup could bring big tourism dollars to the bay area economy. a study by the san francisco chronicle says the race could bring in $1.4 billion with most of that benefiting san francisco. the specific event would generate about 9,000 jobs. the americas cup is seen as being even more lucrative than the super bowl, which typically generates between $300 million and $500 million. the americas cup boat race could bring in more than a million dollars to the bay area as i mentioned already. we'll be watching that and see how that goes. >> that's a lot of money though, a big boost to the economy. >> we've been talking about narrowing down the list of cities. there kind of are not any real contenders. like there is a city i believe in was it france or spain yet to be determined. >> i love that phrase.

>> you know, the actual city yet listed but we'll see. >> we'll watch that and watch the developments hoping for the billions of dollars coming in. a look at traffic right now, we'll take you to the north bay, where we have an update on what i a a traffic advisory. no official sig alert issued by hp but t owof threeanes are blocked. southbound 101 at shiloh by a motorcycle accident and an ambulance is headed toward the scene. folks are getting by slowly on the shoulder and no major delay through santa rosa but we expect the backup to grow if it lasts much more than 20 minutes there. we'll take you to the bay bridge with a quick shot there and that's the east bay volume coming over across the water. no major delays off the carcinas bridge. livermore, a little slowing where it may be foggy as well. another live shot out of oakland shows you the volume coming through. bryn mawr is not too bad through oakland. back to you. >> looking pretty good. >> pretty cool out there.

not tremendously but, you know -- >> not cold but cool. >> for the afternoon, kind of cool today. we're seeing 56 right now. notice overcast skies. san jose, southeast wind at 10. we'll see temperatures probably a good ten degrees below average today around san jose. 56 at oakland. southwest wind at 13. low clouds over san francisco. more specifically, just to the south causing some flight delays for arriving flights into sfo. anywhere from a half hour to up to an hour so call ahead if you have some friends and family heading into town this morning. you can see the winds blowing through fairfield, actually southwest winds up through napa which is pumping in the low clouds into the north bay valleys. if the all day long seabreeze for the most part today, air quality just fine. take a look at our temperatures today. 76 san jose. we should be closer to 85 for this time of the year. mostly 60s and 70s around the bay area with a late morning breakup with the low clouds inland. you can see we'll stay mild through thursday and then trend warmer as we head into the weekend. back to you. >> thanks, rob. 6:10. we have easy tips saving on your

grocery bill. how some of the bargain foods may not really be a bargain. >> imagine looking out your window at the flight and seeing this. can you see that mess on the wings? it happened on a flight this weekend and the damage only got worse as that flight went on. >> one bay area hot shot. the peninsula backs a ball ver where two asian american players have gone before. those people are happy 'cause they're gonna have a good time, and they've got extra money in their pocket.

those are happy passengers. how much does it cost for those snacks again? nothing. at southwest airlines, when we have a sale, it's a sale. [ male announcer ] southwest airlines has flights starting at $49 one-way. book now only at southwest.com. [ rand ] how can you not want to get on the plane? come on and get on the plane. we're saving you money. now that's a plane full of happy. [ employees ] grab your bag. it's on. [ ding ]

in about an hour president barack obama will meet with the british prime minister david cameron. they will discuss a wide range of topics including the war in afghanistan, the global economy, and the gulf oil spill. meanwhile u.s. lawmakers including senators barbara boxer and feinstein are demanding to know what role bp played in the freeing of the convicted lockerbie airline bomber. cameron says the decision was wrong. >> he was convicted of being the biggest mass murderer in british history. i saw no case whatsoever for

releasing him from prison. >> the prime minister has also agreed to talk with senators who have tough questions about bp. there is a new message on the internet from osama bin laden's number two man who mocks president obama and the war in afghanistan. he says, quote, poor obama comes to kabul and promises the taliban shall not return to power. can he promise that your boys will return safely to america? those were his words. this was his first message since march when he praised two al qaeda leaders killed in iraq. today could be a day of financial relief for more than 250,000 californians. the senate will likely vote to extend federal unemployment benefits but for about 147,000 jobless workers here in california, those extensions will not help because they have exhausted their 99-week maximum. that extension is going to cost the government about $34 billion and republicans say the treasury simply does not have the money.

president obama says people need the help and he is urging lawmakers to pass it. facebook is passing a huge milestone this week and will sign up user number 500 million. that makes the site easily the planet's most popular social networking tool. huge. 500 million. >> absolutely extraordinary. you remember it was not that long ago it was for college kids only. just a couple years ago. >> right. >> now something called the american customer satisfaction index which i got to be honest with you i never heard of before says people think of online social networking the same way they think of airlines or cable companies and the irs. in other words, they use them but they don't like the way they work. it is the first time the index included social net works. amazon.com says not only are kindle sales strong but for the first time it sold more e books than traditional books. amazon a bit hazy about exact numbers but it is a notable shift like the first time people watch more cable than broadcast

or more people had cell phones than house phones. speaking of book learning, sarah palin says she is a lot like william shakespeare. he made up words and she does, too. palin tweeted to peaceful muslims she said that they should in her words refudiate a proposed muslim community center near ground zero in new york city. as you guys know there is no such word. she probably meant repudiate but palin isn't budging tweeting she is following in shakespeare's foot steps because he liked to make up words, too. >> so it wasn't just a texting error? >> i would have gone with the typo on that one to be honest. >> right. >> there you go. >> i would have gone with i doesn't need to get me educimated. you could say i'm making up words but nobody knows the meaning so if you get in trouble you could say --

>> or the spelling. >> exactly. >> thanks a lot. appreciate it. a passenger snaps unsettling pictures during his flight and now there are questions if a pilot should have landed the plane a little early. take a look. you can see the cracks on the wing. you see them right on the edge there. he saw them on a boeing 757 flight from miami to orlando saturday and then took more pictures. look, you can kind of see it's getting worse. the damage grew by several feet by the time the plane landed. but a member of the faa safety team says it looks like something called delamination. it's the peeling back of a material that covers the wing to make it more aerodynamic. >> if i had seen that damage on my aircraft i might have found that cause to immediately stop the flight and make an immediate landing with the interest of the safety of my passengers. >> the passenger says he did notify a flight attendant but they continued on. meantime american airlines says that plane did go back to miami for repairs with no passengers onboard and it is scheduled to

be back in service today. >> this sounds like it's out of a movie but the u.s. territory gaum turned away a ship over the weekend because there were thousands of spiders onboard. the department of agriculture says they saw hundreds of large spiders and thousands of small spiders when crews were unloading cargo of housing insulation and beams. they were concerned the spiders not found in guam could hurt the island's environment. the ship was instead sent to south korea. it is not clear where the stow aways came from. >> i do not want to be a sailor on that ship. a foster city company is playing a part in an aids breakthrough with a new treatment that might help women. it's a vaginal gel containing an aids drug and is the first hope of protection for women whose partners do not use condoms. in tests the gel reduced the risk of hiv infection by 50%. gilead scientists provide the medicine which it currently markets in a pill form. experts say even partial protection is really important

especially in poor countries. a bay area athlete is on the verge of a rare accomplishment. jeremy lind could become one of just a few american born asian americans to play in the nba. lind is from palo alto and made a big splash in college basketball at harvard and just after a stint in the nba summer league now is negotiating for a contract with several teams. >> the attitude going in to be humble and be loving and patient and there are numerous ways to approach the game of basketball in a godly fashion. that's what i try to focus on. >> loving and patient. nice. we'll let you know if and when he signs. good luck to him. >> i would like to have that rebound. >> thank you very much. >> there you go. time to check in with the morning commute. >> no double dribbling. >> i think a bounce pass because a lot of times that pass goes over my head. over to the north bay, we're looking at an earlier accident i told you about involving a motorcycle. not a major accident. in fact it had completely cleared from the roadway now and

that's great news because this is about the time we should see a lot more traffic coming out of heelsberg through santa rosa and down through san rafael with no major delays through novato. the richmond bridge moving slowly and the maze and approach toward the bay bridge also really nice right now. one issue for the east bay might be ac transit. yesterday there was a sickout. today we're waiting on word. these folks over here moving around the street getting on to an ac transit but just off the edge of our screen this is over the park and ride just off the dumbarton bridge. there goes that transit bus. still waiting on official word from ac transit. no delays reported. there is the dumb bebo express. the san mateo drive, if there is that sickout this will be more heavily traveled by cars. right now a nice, easy drive westbound with these folks going in the commute direction to the peninsula. the issue is lower visibility that fog creeping in over the san mateo hills off the coast

and making its way inland actually hitting livermore as well in spots. we'll look at the sinole grade as well. hit these hills as well causing misty conditions. not enough to get the windshield wipers moving but the southbound side is what we're focusing on because yesterday afternoon there was some slab repair going on causing big delays through sinole. we expect that now for 680 but right now no major issues. you do see the low clouds i mentioned. we'll let you know how that affects your forecast. it does feel a little cooler. the forecast is coming up. locks never looked so good. find out how salmon may help your eyes. today marks 41 years since the first man set foot on the moon. july 20th, 1969. neil armstrong said those famous words "that's one small step for man, one giant leap for mankind." moments later he took those bouncing steps as millions of people watched. the crew of apollo 11 eventually splashed down in the pacific ocean four days later. president kennedy had set a goal

to be on the moon by 1970 and nasa beat the goal with six months to spare.

good tuesday morning. 6:23 right now. taking a live look outside looks a little overcast over south bay this morning. live look at san jose. a little cooler as you head out the door. >> overall it's going to be pretty good especially if you don't like the real hot weather. this should be a nice compromise. >> fans of mists, low clouds, fog, you'll be thrilled. a little bit of all of those things right now. 56 degrees right now in san jose. overcast skies. southeast wind at 10. that's a cool breeze actually working its way up through the salinas valley through the southern santa clara valley this morning. 56 in oakland. cloudy skies. southwest wind at 13. low clouds right atop the golden gate bridge with mist at times. we've been watching those windshield wipers for a few of the cars going by. southwest winds at 12 and enough low clouds, low enough to the ground causing some arriving flight delays into sfo.

call ahead if you expect family and friends heading into town at sfo airport. the other airports just fine this morning. southwest winds 26 through fairfield so quite breezy. what happened overnight is the marine layer deepened to about 2,000 feet. it has surged all the way into livermore so mild temperatures today and we will see breezy and cool conditions, winds picking up again as we head toward the evening. take a look at today's highs. mid 80s is what you typically expect for san jose this time of the year but today mid to upper 70s. look at that toward petaluma. 74 degrees. about 85 in bakeville and we'll stay mild for a while with morning clouds, mist at times, then as we head into the weekend, things will start to warm up for the inland temperatures back in the mid to upper 80s. back to you. reader's digest has a new list of foods it says you should never buy again in order to save money. >> on the list is so-called gourmet frozen veggies in an herb butter sauce. why pay for it yourself when you can do it with a pan of you about sn

about -- butter? energy and protein bars at two or three bucks each are an expensive snack. try some fruit, a handful of nuts. make your own mix. individual snack servings very expensive. instead buy the bigger size and dish out some smaller portions. we have the whole list on our website nbc bay area.com. just search don't buy these foods. but you should add salmon to your bagel. there is another benefit to eating fish. a new study says older adults who eat fatty fish at least once a week may have a lower risk of serious vision loss from age-related macular degeneration. researchers at the john hopkins university in baltimore conducted the study. they say the results support the theory that omega iii fatty acids found in oily fish like salmon may affect the development and progression of age-related macular degeneration. there may be a new way to check kids to see if they are overweight. doctors usually measure the body fat by calculating the body mass index otherwise known as the bmi using the child's height and weight.

but some doctors say that measurement is not always accurate. and a new study from the university of michigan says doctors can measure neck thickness instead of checking the waist line. it's just as accurate and it's easier on the kids. >> lots of people can do it. it's easier to replicate. it doesn't require the child being undressed. doctors say that study is promising because the process of measuring a child's neck is a lot easier to do. it's 6:27 right now. a new poll shows californians divided on gay marriage. we'll show you where the bay area falls on that sector. plus dozens of riders had a long wait for ac transit buses to kick off their week. drivers called in sick in protest and we'll see if that could happen again today. a seemingly sweet moment turned sour in the south bay. why someone posed as an old woman handing flowers to a pop star. di

not looking very bright for stocks this morning. the markets are set to open. there is the opening bell. our money and tech team will show you how a couple silicon valley giants might impact your investments today. plus more than just planting the seed. oakland city council could vote tonight to be the first city in the nation to do something about large pot growers. a live report is coming up. and a live look at the bay bridge toll plaza where i am happy to report no metering lights or delays. the headlights? you'll need them. low clouds and fog affect the roads and your airports. good morning. thanks for joining us. 6:30 on tuesday. almost said thursday. july 20th. i know i'm laura garcia-cannon. >> i'm brent cannon. we begin with rob and the forecast. we are kind of seeing a great start to the day. a little cooler. >> we have low clouds around san jose. mike pointed out the airport,

sfo having slight delays due to the fact the low clouds have set up over the airport. flight delays a half hour to almost an hour for some of the arriving flights. call ahead. misty skies up and down the peninsula this morning. look at these temperatures. by july standards this is awfully cool. mid 70s san jose. low 80s livermore. # 6 around oakland. a bay area city may defy federal law and try to make money off marijuana. oakland city leaders could approve a plan today to set up a pot factory farm. christie smith is live in oakland with what is behind this controversial idea. >> reporter: good morning, brent. the city in many ways is pitching this as a public safety issue. there's been a lot of fires and break-ins tied to small marijuana grow operations here in oakland in homes but no one can ignore the big money to be made if this does happen.

the city recently laid off 80 police officers to try and save money. this would be a chance to cash in. growers brought in $28 million last year. the tax money from allowing four medical marijuana production plants in the city would be in the millions. there are people who don't like it. within the industry. they're saying it would drive the small growers out. then there are those who say oakland's medical marijuana industry would put people back to work when it's needed most. >> if we control our own cultivation we can copy what some of the other cities such as long beach is doing where we sort of close our borders and allow for more local oakland jobs. >> reporter: i grow, an oakland shop, they're saying they'll be one of those applying for the permits and competition is expected to be tough. the permits would not be issued until january. reporting live in oakland, christie smith, nbc bay area news. >> thanks, christie. new this morning a majority

of californians support same sex marriage. that's the result of a new field poll out due today. 51% of people asked say they support giving marriage rights to same sex couples. 42% oppose it. 7% have no opinion. the bay area is home to the strongest support for gay marriage. 63% of voters agree to the idea with just 29% opposing. judge vonn walker is expected to rule on proposition 8 by the end of the month and will decide whether it violates homosexual constitutional rights to equal protection. his decision is expected to be appealed either way. ac transit is apologizing for a sickout that may have affected a lot of riders. a look at the ardenwood park and ride in freemont, everything nice and smooth this morning but a little different yesterday. more than 200 bus operators called in sick when transit leaders imposed a new contract. the union contract had expired at the end of june and talks

stalled on a new one. the ac transit facing a $56 million deficit imposed a new contract that they say saves $15.7 million by changing overtime rules and the pension plan and of course the workers were upset with that. 6:34 right now. two dogs attacked three people in golden gate park and are now dead. animal officials decided the male pitbull and female mixed breed weren't fit for adoption. so they were euthanized. the park attack happened july 1st. it sparked an extensive summer police patrol effort in the area targeting spots known to have illegal activitiy and cracking down on leash laws. well known vietnamese activists pepper sprayed a singer at a concert in santa clara and now he is under arrest. look at this video from youtube showing the anticommunist freedom fighter dressed as a woman. he approaches a vietnamese pop singer with a flower but when he comes close he pepper sprays him. some in the vietnamese community think the singer is a communist

agent. the activist is also known for a 2008 hunger strike where he tried to convince san jose leaders to name a retail district little saigon. there is a shortage of dialysis centers in san francisco and that problem is so bad some patients have to stay in the hospital for days or even weeks while they wait for a spot to receive treatment at an out patient clinic. san francisco general hospital houses the city's only public dialysis clinic and it just has 13 beds. the clinic extended its hours to accommodate more patients and now it's asking for more money trying to expand those hours even more. a south san francisco company's breast cancer drug will be in the fda's spotlight today. it will review if avastin should remain on the market. they'll consult outside cancer experts on the issue. the fda approved it in 2008 after clinical trials showed it shrank tumors. but approval was controversial because those kinds of drugs are usually required to show an increased survival time for

patients. time for a market check right now at 6:35 and see how the markets are rolling this morning. checking in with scott. >> good morning, laura. dow industrial down 132 points. nasdaq down about 32 as well. disappointing results coming out of goldman sachs coming out of ibm. they weren't awful but just not showing the recovery that we want to see. we'll get yahoo's financial reports after the bell as well as apple. we'll talk with john forbes of cnbc in just a minute. playboy has launched a new website called the smoking jacket.com. it is supposed to be a safer work version of playboy, just the articles which is of course why you read playboy anyway. now it was supposedly safe for work. we looked at the website and decided it was too racy for television. we put these pictures on instead. yes the website is actually racier than what you're seeing here. their version of safe for work

is not ours, at least i don't think so. i looked at it on my work computer. if i'm here tomorrow it's safe for work. >> we'll see. >> you can always say it's for research. >> i can do about anything. video games, x box. >> if you show up in a a little smoking jacket like hugh heffner, a little ascot. >> two chicks on each side. >> you didn't notice the little horns on his head did you? a live look right now under the sea at bp's blown out well. oil and gas is seeping out of it but the government says don't worry about it. kristen, officials are moving ahead with bp's plan to seal the hole on the ocean floor? >> yeah, they are. they want to ultimately get the relief wells done or now there is a new plan from bp, calling it the static kill, the first time we've heard about this now 92 days into it. they say there is the possibility they could do

something like the top kill that they tried earlier shooting mud in from the top down into the blowout preventer and that may work quicker than the relief wells. they say with the new cap in place and lower pressure there is the possibility this would have a lot more success than the top kill did. you remember they were not able obviously to stop the flow of oil using that and so bp says this plan is in its infancy. the government says the relief well remains the ultimate solution so a little disagreement between bp and the government as far as what happens next. they're also still looking at the cap and doing those tests. they do have some type of leakage from around the ceiling cap, also bubbles from the bottom of the blowout preventer they continue to monitor but they don't think that's enough to stop the test. so for now the cap remains on and remains closed and we're waiting to hear what happens

next. it's 6:38. we want to check your morning commute with mike. >> good morning brent and laura. look at the roadways through livermore, westbound 580 starting to show more slowing because of the volume of traffic and also a little slower because of the fog and low clouds drifting in as far as livermore. that will affect your commute out of the alta mont pass. right here it's just the amount of traffic coming through offer the bridge westbound, highway 4, typical slowing over to summersville road. then clearer once you get through pittsburgh and baypoint where b.a.r.t. can also assist in the volume of traffic there. the bay bridge toll plaza starting to see a little backup there. the metering lights turned on just about ten minutes ago. really slow off the portion of the 880 overcrossing and the lanes starting to show the clearing. tale fill up but pretty soon fill in throughout the parking lot area. because this is a tuesday it should be quicker than other davis the week. sinole grade a slowdown there later on but right now the southbound side moves very

smoothly through the construction zone around the bend and over to the truck scales. low clouds and fog though making an issue as you come over the hill and throughout the bay area watching fog especially along the coast and the south bay let me show you the speed sensors. no delays northbound but the bottom of the screen a little slowing highway 17 and over the summit with slowing as well and thicker fog on the santa cruz side. >> very good. fog and the cool temperatures are topic number one for rob this morning. >> yeah, you know, mike showed you the camera there. sinole grade. the marine layer gets up to 2,000 feet. has no trouble spilling all the way inland. we're seeing it out toward livermore and fairfield way off to the east this morning. san francisco drizzle, low clouds, fog. 55 degrees. flight delays by the way into sfo airport for arriving flights. about a half hour or so. 56 right now san jose. also with overcast skies. 56 in oakland. southwest wind at 13. fairfield southwest winds up to 26 miles per hour this morning. the low clouds will stick around

even mid to late morning for inland valleys. bottom line is the all day long seabreeze, our temperatures today are not going to be living up to july standards inland. look at the numbers. mid to upper 70s san jose. low 80s out toward the tri valley. north bay 70s for petaluma. still some 90s but you have to head up to lakeport or yukiya to find the warmer temperatures. the weekend ahead we start to warm up into the mid 80s inland beginning saturday and sunday. back to you. >> not too warm. looks good. lindsay lohan is set to check in but it is far from a resort. we'll update you on her 90-day trip to jail coming up. and in san jose, overtime pay after eight hours of work is a reality for most people but not for farm workers. perhaps that could change today. why farmers say they can't afford it. >> ground breaking new products, the iphone found on the bar room floor and criticism about the latest iphone. apple has beenou to wdayote'll ad today we'llind f out what it

means for the bottom line. [ meg whitman ] if we could only do one thing, putting people back to work would be the most important thing. the human cost of 2 million californians out of work is devastating, and i think, often, politicians forget about that because they don't see it every day. i see it every day. i think raising taxes on californians today is absolutely the wrong thing to do. we have to streamline regulations, we have to cut taxes for businesses, and then we have to stand up and compete. california needs to lead the nation again, and i think we can do it.

take a look at these guys on "america's got talent" a group of fraternity brothers at virginia tech that put together a unique act called fighting gravity. vote for your favorite groups on tonight's "america's got talent" right here on nbc bay area starting at 9:00. >> kind of cool watching that. >> you can vote.

>> you don't go to class. just do that. only on nbc bay area news is committed to bring you the team of reporters in tech and business reports on the innovations that are going to eventually power your life. >> our network family includes the most powerful name in business reporting on tv, cnbc's two forces come together. >> if people have watched us on tv here it was fortune's john for thein and you are now with cnbc as of yesterday. congratulations on that. >> glad to be part of the family. >> today we've got ya hoo. let's talk about apple. apple is the big one. we get their quarterly report after the closing bell today. what do you expect? >> i want to get numerical for a second. the street is expecting somewhere around $14.6 billion and per share just over $3. i actually look for something closer to $15 billion in eps maybe north of $3.25. apple has a way of trying to tamp down expectations.

>> notoriously conservative. the apple i-pad, we've talked a lot about the iphone. it's been dominating the news. it'll be the i-pad where we'll really see a lot of interesting numbers. >> there will be interesting numbers there. remember, about a month ago they said they sold 3 million. so we're wondering how close they've gotten to 4 million by now. also it'll be interesting to see anything around the iphone 4. they said they've sold well north of 3 million of those. you want to see the whole iphone number, maybe that'll help put antennagate to rest. >> extraordinary numbers. and the opportunity for analysts to ask some questions on the conference call. maybe some questions that didn't get asked during the press conference. >> and who knows whether they'll get answered? apple has a nice way of -- >> always the questions. this comes about 2:00 our time. apple and then as we mentioned yahoo as well reporting their quarterly earnings. back to you. >> a couple good ones. welcome aboard. hundreds of lawsuits against toyota could move forward today in a california courtroom. a judge in orange county will review the plan of lawyers on

both sides sharing information. if approved the 100-day window will open for the lawsuit to proceed. toyota faces hundreds of lawsuits in federal and state courts after recalls about acceleration and brake problems. governor schwarzenegger may get a hand delivery today, a bill that gives farm workers the right to overtime pay. kris sanchez is live in san jose with why now and whether the governor will sign it. >> reporter: for about 70 years now growers and farmers and ranchers have been exempt from paying employees overtime unless those employees worked ten hours or more, 60 hours in a week. but that could change today. farm worker advocates and some senators will deliver a bill to the governor today asking him to sign a new bill into law requiring farmers to pay workers after eight hours of working in the fields. the bill has already passed the assembly and the senate. the united farm workers union says this is really about the fact that it's time to treat

farm workers the same as other workers but farmers say they just can't afford it and some say they'll get around it by hiring regular work aerts regular pay there by hurting the people they are supposed to be helping by this bill. many growers say they will press the governor to veto. today if he gets the hand delivery of the bill he can veto it, sign it into law, or do nothing and after 12 days it automatically becomes the law of the land. kris sanchez, nbc bay area news. >> thank you very much. a rally against smart readers will be held in san francisco today. organizers want pg&e to stop using the digital meters until they look at the environmental impact. they also want the company to prove the radio frequency radiation they emit is not harmful to humans. the rally starts at noon on van ness and mcallister. lindsay lohan is preparing to start her jail sentence. she is going to the lynwood prison in southern california and will begin serving a 90-day sentence later today. there is a little new confusion going on because rumors started swirling that her newly hired

attorney robert shapiro quit overnight. last night this is video of people packing up some of her belongings at the southern california rehabilitation clinic where she was staying. this is video from when she had different attorney. she has been through a couple now. >> been through a lot. wedding plans are in the work for the clintons' one and only daughter chelsea set to get married in less than two weeks. she is now 30 and marrying marc mezvinsky an investment banker. the bride and groom first met as teens but didn't become a couple until several years later. the vows are set for the last day in july. word leaked out this month it will be held in a very secluded mansion about two hours north of new york city. >> we have the answer to the question about how do you open a bottle of wine without a corkscrew? >> plus, oakland city leaders prepare for an historic vote over medical marijuana today. >> here is a live look at san

francisco at least what you can see of it right now. we have some drizzle and the low clouds bringing flight delays to the bay area. a look at that and your forecast coming up. and a little taste of tuesday funnies. america voted for the comic on last comic standing. walnut creek's entrant is not one of them. the laughs go on every monday night at 9:00 a.m. here on nbc bay area news. >> i had my heart broken last year when i learned i only want to talk to people who also have their heart broken because people who haven't have no idea what it's like. i checked my e-mail for a month and my friend said that's crazy and i told my friend who had his heart broken and he goes how did you get that e-mail password? that's when i realized if you do something crazy after a breakup tell everyone because eventuallb somee llutwion ora oou yzy a cn you'll feel better about yourself.

a live look from washington, d.c. this morning where elena kagan is facing or will face the first vote on her nomination in the supreme court. they will enter shortly. she is expected to get out of the senate judiciary committee today and she is ontrack to be confirmed by the august recess. so far no republicans have announced their support for kagan. history is in the making in one bay area city today or could be. oakland city leaders could approve a plan today to set up marijuana factory farms. nbc bay area's christie smith is live in oakland with what is behind the controversial moves. christie? >> reporter: good morning. the city is pitching this as a public safety issue. there have been a lot of fires and break-ins in homes tied to small marijuana grow operations but the bottom line is money.

there is a lot of it to be made. you may recall the city recently laid off 80 police officers to try and save money. this would allow the licensing of four production facilities that would grow medical marijuana. growers would have to pay $211,000 in permit fees and be prepared to kick in 8% of their sales to taxes. and jobs could be created. now, surprisingly, many who don't like it are actually in this industry, pointing thought could drum small mom-and-pop growers out of town. oakland's plan faces an even bigger opponent, the feds, the city though not letting that slow them down. a vote is expected at the council meeting tonight. it starts at 5:30. reporting live in oakland, christie smith, nbc bay area news. >> we'll certainly follow that. thanks a lot. we're also following the morning commute at 6:54 right now. going to check in with mike with a look at the east shore. >> things are moving very nicely right now. just 20 minutes.

a couple minutes longer than last time we looked but slow because of the volume of traffic. slowing also up the incline because of that and 45 up there and we get a live look that shows you the toll plaza has sorted itself out so no major backup here approaching the metering lights that are on. we'll move down to the san mateo bridge where things are moving nicely. visibility could be an issue for folks as well as if there is an ac transit sickout again today they'll send more cars on to the san mateo and the dumbarton and possibly 237 further south. we'll watch for any changes there. past the coliseum a nice easy drive and tonight an as game at 7:05. rob, it's gray right now. what's up for today? >> no sunglasses needed for the morning commute. we take you into san jose, 56 degrees, southeast wind at 10. so it is breezy and cloudy to start out your morning in san jose. oakland 56. there you see the winds southwest at 13. san francisco we've got drizzle right over downtown and the low clouds, low enough over sfo that we have delays again for arriving flights anywhere from a

half hour up to an hour so call ahead. misty skies this morning. we'll see a slow breakup of the clouds inland. look at the highs today. only low 80s livermore, mid 70s san jose. low 60s around san francisco and the coast and there you see the seven-day forecast. we'll turn a bit warmer as we head toward the weekend. >> but not today. thanks a lot. we're thinking more coffee than wine this morning. >> speak for yourself. i found this video online. it shows you how to remove a cork without a corkscrew. >> he is speaking french. let me translate. i'm going to hit this against a wall. >> it will not crack. >> now, watch this. watch this. how about that? >> you got to love the french. >> i know it. the wine itself. then that's good enough. so pull it out. >> that is a true man. >> you are going to want to

invite your neighbor over to drink some of that wine because he'll say why are you banging on the wall? but other than that it works just fine. do try it at home. >> you know we are. >> in the shoe? >> all right. >> pretty cool. >> kind of funny. thanks. >> make sure your shoe is clean before you hit it against the white wall. just nifty tips for you. >> you never know. can you come up with another one tomorrow? >> we'll see it on facebook. if they tried it we'll see how it goes. >> thanks so much for joining us this morning. the "today" show coming up next. >> we'll have a local news update in about a half hour. is soft on cats.

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