the town center hasn't developed as quickly as we would have liked to see it. and the avenue area was the street was closed for the better part of the year. >> is a member of the downtown business association. she suffered through the street improvement and the down economy and is now hoping the company will bring green to sunnyvale. >> i think it's wonderful news that apple is coming to sunnyvale. >> reporter: the city of sunnyvale is feeling pretty good about itself. apple is coming. google is already here as well as lockheed martin and juniper networks. and the lesson for other cities is really to expedite and move at the speed of business, not at the speed of government bureaucracy. nbc bay area news. it was a mess. a three-hour shutdown on highway 37. heavy fog was the factor in the massive chain reaction pileup near the sonoma, solano area. 31 cars were involved. some of the cars even swerved off the road into san pablo bay. it's west of vallejo. visibility was poor, but the chp says you can't blame the fog. >> as you know, people are responsible to take care and drive safely in conditions. if fog is a condition, they need to ensure they allow the amount of space. and also travel at a speed significantly slower to ensure that they have stopping distance if a hazard were to occur ahead of them. >> a sobering reminder of the fog and what happens. several people were rushed to local hospitals. thankfully, no life-threatening injuries. it took three hours for the highway patrol to reopen eastbound highway 37. san francisco sheriff will be reunited with his 2-year-old son today for the first time since his visitation rights were revoked after his arrest on domestic violence charges nearly a month ago. >> first thing you'll say? >> i love you. >> today a family court judge approved two hour week day visits and six hours each weekend. but the restraining order against his wife remains in place. he was arrested and charged with domestic abuse last month after a few days after he was sworn in as sheriff. >> it's been so unhealthy for us to be apart. my son and i are close. we're immensely close. and i just know that this hasn't been good for him at all. >> well, i just have to say that i am extremely happy that he is going to see his dad. >> the prosecutor in the criminal case showed up in court today and tried to say something to the judge on record. the attorney for lopez says she never witnessed anything like that before and it proves that the d.a.'s office is treating this case differently than other cases like it. california's legislative analyst has a problem with governor brown's proposal for higher education. specifically telling lawmakers to vote no to the part of brown's plan that gives 4% yearly budget increases to the uc, csu, and california community college systems. would only take effect if voters pass brown's plan to hike taxes on sales and high-income earners. giving yearly increases could be a problem. because other parts of the budget could suffer and the pledge ignores factors. the federation of teachers says the governor is using education as a bargaining chip. >> it's unfortunate that is the education of our students going to college is being used as leverage to pass the governor's measure. the governor's measure should stand alone. >> the analyst's office also raising questions with the planned grand point average requirements to receive cal grant awards. he says that could impact students with the greatest financial need. a third victim has come guard in the case of a san francisco man accused of posing as a doctor. new charges were filed against carlos garza. he allegedly performed medical procedures in a dermatology clinic in the city's mission district. some of the new allegations include practicing medicine without a license, impersonation, and sexual touching without consent. the latest victim believes more could come forward. garza remains in custody and will appear next month on this case. now they're no longer a couple. one day after california's ban on gay marriage was ruled unconstitutional, one of the state's first gay couples to tie the knot announce they're calling it quits. here's our los angeles station. >> reporter: they were the women who waged war against the establishment. one of the same-sex couples who went to the mat to win the right to marry in california. their marriage, the first gay marriage in los angeles made them the poster girls for the cause. >> feels good. >> i've lost 20 pounds. >> reporter: while prop 8 made its way through the courts, robin and diane willed themselves to be the face. >> nothing's happened. >> reporter: in this latest chapter, here is robin tyler without her wife diane olson by her side. the couple is divorcing. >> and there was nothing we could do to solve the problems that came up between us. but we lived together almost 18 years so it wasn't kim kardashian, three months, i changed my mind. not that i'm knocking what happened to her, but it wasn't a light decision. it's very saturday. >> reporter: robin tells me the reason for their split is not all that unfamiliar to any couple parting ways. but she says the marriage was not a legal guarantee to happy ever after and their problems do not and should not form the issue. >> we have a right to civil rights. and we aren't saying if you give it to us we're going to be perfect people. and we'll try harder than anybody. we'll love more than anybody. we'll show you -- you know, we're just like anybody else. >> reporter: so before the next court decision is made on gay marriage, diane and robin will be in court dissolving the marriage they fought so hard for. >> very difficult. >> that was kerry berglund reporting. you can follow all the developments on prop 8 on nbcbayarea.com. the tsa program aimed at helping passengers zip through security is expanding to sfo. the check program will be available in 28 more airports this year including sfo. san jose and oakland are not on the list this year. passengers who want to participate should be subject to a background check first. if approved, they'll get an i.d. number on their boarding passes and a free check line where they won't have to take off shoes, belt, or jacket and won't have to remove their laptop from their bags. >> traveler programs like precheck lets travelers volunteer information about themselves. that allows us to better allocate their time and resources to individuals we know less about. >> the number of airlines participating in the airline will also grow. delta and american airlines will join u.s. airways, united airlines. once again at the center of a political fire storm. still to come at 5:00, one leader's vow to overturn a white house policy regarding birth control. and healing after a heart attack. bay area researchers have come up with a cutting edge way to help patients recover using their stem cells. did you see a few minutes ago? no laughing matter. the issue that has ellen getting political. and good afternoon. i'm jeff ranieri in the nbc bay area weather center. spectacular view right now in san francisco. looking back towards the golden gate bridge. after a little bit of fog this morning, we are seeing improved visibility. everyone at ten miles and/or better at this point. we'll talk more about our forecast for tomorrow morning and also when the warmest day of the week is expected in just a few minutes. republicans say it's an attack on religion. so they're attacking the obama administration about the new requirements that schools and hospitals provide access to birth control. speaker john boehner spoke out about the white house order that religious schools and hospitals be included in the mandate to provide employees with access to free birth control. >> in imposing the requirement, the federal government has went beyond its constitutional boundaries. encroaching on religious freedom in a manner that effects millions of americans and harms some of our nation's most vital institutions. >> the white house is showing signs of compromise. its willing to work with church affiliated employers to implement this new policy. rick santorum's triple win in colorado, minnesota, and missouri has propelled him into second place in the gop race for delegates. romney still holds the lead with 107 to santorum's 69. santorum campaigned in texas with a message about california slamming yesterday's appeal courts ruling in favor of same-sex marriage. >> the ninth circuit decision yesterday said that marriage, if you believe in traditional marriage between a man and a woman and only that, you are in fact -- the only reason you could possibly believe that is because you are a bigot. where's the tolerance in that? >> mitt romney actually won colorado's caucus back in the 2008 campaign. today he blamed last night's loss on not more than aggressively spending time and resources in that state. the largest cycling event in america is peddling into town. and today the new twists and turns are announced. the new tour beginning in santa rosa. the race then moves to san francisco on day two. and then stage three from san jose to livermore. it's a big deal for livermore because no stage of the race has ever ended. they're expecting 15 to 20,000 visitors which could mean half a million bucks in revenue. >> it's really significant for the city of livermore. it's an opportunity to put livermore on the world map and showcase everything livermore has to offer. >> the race will end in l.a. after having traveled more than 750 miles throughout the state. more than a million people every year suffer a heart attack. a lot love times they're left with a damaged heart. researchers believe they can use stem cells to help those patients. it's so story you'll see only on nbc bay area news. mary ann joins us with more. >> reporter: these are stem cells taken from the patient's own body and put back to improve heart function. that means people could return to their normal activities and possibly live longer. just a few weeks ago, anthony suffered a heart attack. >> i called the ambulance. i was having a heart attack. >> reporter: now the 62-year-old is watching the research going on here at uc san francisco medical center with intense interest pl professor of cardiology and his team believe they found a way to take stem cells from a patient's own heart and help them improve their heart function after they've had a heart attack. tests conducted in mice are promising. >> we see more improvement in their heart function. we see more blood vessels forming and less damage to the heart. >> reporter: this is a picture of heart cells beating in a culture. using a patient's own stem cells offer major benefit. >> if we can use adult stem cells that come from the patient to treat that stam patient, it's going to be minimized to none. >> reporter: they've already taken stem cells from five human patients to learn about the technique. if all goes well, cells will be reinjected back into the heart will likely begin next year. while anthony pay not personally be a candidate for the procedure, he supports the research. >> i think it can save a lot of lives and open a lot of doors for people like myself that had a heart attack and possibly could have another. >> reporter: giving a more promising view of the future for fellow heart attack survivors. if this treatment can help improve patients' heart function, it may dramatically decrease the number of patients who develop congestive heart failure after a market. nbc bay area news. >> very cutting edge. thanks so much. let's bring in our meteorologist jeff ranieri. it just feels like summer. forget spring. >> it does. numbers near record setting for portions of the bay area today. we cleared out from the storm system we had monday night. also into tuesday morning. no rain drops being detected. we also had the dense and dangerous fog this morning. that has also improved with the visibility. however, we're still under some danger here from e in system as they continue to push off to the south. high wind where we could see the seas top 14 feet. let's take you outside right now and a look today. this coming in today from steve fields. looking towards the mouth of the golden gate bridge. as you can see a ship getting close to the golden gate at this point. that campus 135 acres and probably sitting in one of the best spots around. let's get you to the numbers right now. some of the more mild conditions in the south bay at 67. and low 50s in san francisco. napa checking in at 62. many of you who commuted through the fog this morning are probably wondering will it be as bad? we'll see dense fog tomorrow morning. but an excellent rebound by the afternoon. not only warmer but a few isolated 70s possible. and still looking at showers here. so let's bring you into satellite loop right now. what we're watching is mid level and high level as well. but here is the thing. high pressure that's building in like july and august offshore is going to be strong enough that we could see temperatures yet again tomorrow hit the 70s with this pushing in just from the south. so that is going to deflect a lot of our activity. however, for the morning hours we'll start off with some clear conditions. look at this. fog forming yet against across the interstate 5 corridor. that could migrate into the north bay. that's why we are forecasting the dense areas of fog again for the morning. but sunny skies expected for everyone. as for tonight, looking at a full moon. see it there popping in my map. and temperatures in the low 40s in the east bay. and for thursday, we look for the warmest weather down here from morgan hill and gillroy with low 70s. 69 in palo alto. back to the east bay for walnut creek and concord. doesn't get much better than this this time of year. and for san francisco, close to 70 for you. north wind. 6 -- on your three-day forecast, ve the dense fog inland. low 70s inland. then through friday, mid-60s. then saturday low 60s. and a chance of showers as we head into sunday night and early monday. then into tuesday night and wednesday morning, another slight chance of showers. no big storm system. but it's enough that the storm track is getting closer to us. and for valentine's day, well, you know, some showers usually provides for a little bit of a romantic setting courtesy of mother nature. if you have plans, i only think it's going to make it better. >> what day is valentine's day? >> tuesday. i'm your personal calendar. >> i've got to take note of that. i'll get in trouble. >> if you don't remember. still to come, treading water and barely hanging on. the close call for a dog on an icy lake. ellen speaks out. why the talk show host is calling out a conservative group. and a group of san jose women are changing the world. how about this? one pot luck dinner at a time. that's just on "nightly news with brian williams" in ten minutes. teenagers in the u.s. are having fewer babies. the overall teen pregnancy rate across the country is at the lowest level since 1972. the recent numbers are from 2008. it shows 68 out of every 1,000 girls got pregnant. compare to 1990 when 117 out of 1,000 were pregnant. and abortion rates also fell. researchers point to increased use of birth control. there is still a racial gap. study shows black and hispanic teens have birth and abortion rates twice as high as caucasian teens. well, just how much do you trust your doctor? a new study shows that doctors aren't always completely honest with their patients. the findings come from a 2009 survey of about 2,000 doctors nationwide. half admitted describing a prognosis that they knew was too optimistic. 20% said they didn't disclose a medical mistake for fear of being sued. and one in ten said they have knowingly lied to a patient in the past year. but doctors say they are gray areas and the white lies were most likely told to give patients hope. maybe you just saw it. ellen degeneres is fighting back against her haters who are against her partnership with jcpenney. the group one million moms lashed out at the company for choosing ellen. as you may have watched before this newscast, this is what ellen had so say. >> normally i don't pay attention to my haters. but this time i'd like to talk about it. this organization doesn't think that i should be the spokesperson because i'm gay. so for those of you just tuning in for the first time, i'm gay. i hope you were sitting down. >> jc penny has defended ellen saying they stand behind the partnership with her. the one million moms group says most of the customers are traditional families. a r'ownes owner's worst fead the dramatic save. next. r' take a look from this helicopter footage. a dog rescue late yesterday. firefighters were called to the scene who saved a dog in an icy lake. the dog's name is max. he was chasing an coyote when it broke. the coyote went under, but max stayed alive by just continuing to paddle. a firefighter was able to retrieve max. we're happy to report max is running ago wagging his tail. >> he was just get me to dry land. >> get me some food. >> thanks for watching us tonight. more local news at 6:00. >> see you then. ♪ [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages...