Hopefully some snowman hot chocolate. Maybe some this morning, what do you think . Even this afternoon, low 60s. This is where were starting with mid50s. As we check out our temperature trend today we warm up slowly from 54 degrees going to 62 degrees by early this afternoon. Well have more on this coming up. Mike, you spotted that traffic on highway 101. I did and i showed the break just before the commercial break and now the break is gone after the commercial break. Not tied together in any way. We are looking at speeds back again north. You see the flashlights. Overnight construction work going on and that was the blip we saw. These just came in to chp so waiting for them to arrive. So far the Speed Sensors look great including the approach to the bay bridge. This is the question people have been asking. Is it a crime to eat while waiting for a train . A man was cited for eating food on a b. A. R. T. Platform and now is suing the transit agency. Bob redells live for us in the east bay. What is his legal argument . Reporter marcus, steve foster, the man cited for eating on a b. A. R. T. Platform, believes he was racially profiled. Later this afternoon the attorney he hired, john burris, will hold a News Conference to announce that he is filing a lawsuit against b. A. R. T. Foster was stopped for eating a sandwich while eating, was restrained. It is against state law to eat at b. A. R. T. Stations and on b. A. R. T. Trains. In a video we can see the officer hold on to fosters backpack and repeatedly ask him for identification. Foster refused. He was briefly detained. Cited and released. Now his attorney, john burris, did release the statement and you can look at it on your tv screen. These b. A. R. T. Officers engaged in racial profiling and selective Law Enforcement in that b. A. R. T. Patrons routinely eat sandwiches and other food on the platform and b. A. R. T. Trains without any Law Enforcement intervention, chastisement or other admonishments by police. People need to eat. I want to go all the time. All the time. So i have food and if i need something to hes, they have a star right downstairs for people to eat. Its contradiction. Its not the only b. A. R. T. That has a food station right outside the fare gates. Reporter foster says its hypocritical to rent out food kiosks and still expect people not to eat and drink on the train. B. A. R. T. Says foster was combative and refused to provide his name necessary for the citation. That being said b. A. R. T. s general manager did issue an apology which foster has said he does not accept. Reporting live, bob redell, today in the bay. Thanks for the latest there, bop. Something people will be talking about and think twice before eating on the platform. Vice president mike pence spending the morning at Nasa Ames Research Center talking about the next mission to the moon. Kris sanchez joins us where we expect to probably see some protesters outside of those gates as well, kris. Reporter yeah, definitely a lot of folks will be here. The welcome sign, welcome Vice President mike pence. He arrived here at moffitt field in Mountain View just before 7 00 last night and was greeted by about 75 supporters, some of whom were chanting four more years. What do you think of the impeachment hearings today, sir . Reporter just before noon today the have been have been will talk to about 200 nasa ames employees about returning astronauts to the moon. Pence also met with donors at socalled Trump Victory events, a luncheon and a dinner in monterey. Both were closed to the media. Tickets ranged in price from 1,000 to 35,000. Several proester groups tell us they plan to be here as well. They will be staged where we are outside the gate so the Vice President rolls on through to talk to those nasa ames employees. Kris sanchez, today in the bay. On capitol hill a break today between the first of two of at least five hearings. George kent and bill taylor said the president threatened to withhold aid to the country. Both said trump demanded ukraines president open investigations into joe biden and political rivals. On today in the bay, scott mcgrew will join us more on trumps reaction. Also in his checks and balances segment scott will look at who testifies tomorrow. And a breakthrough in oakland as quest for a new stadium. The stadium is dropping its new lawsuit against the as so that suit stems from a deal with the as made with Alameda County to buy the land where the coliseum now sits. Both the city and county would receive 85 million for its share of the coliseum land which the as want to redevelop. That suit not only put the deal in limbo but also the plan for a new stadium. The new president released a stadium which says in part the team is committed to the coliseums longterm success. New overnight a family rushes out of their peninsula home as flames destroy their garage. It happened a little after midnight in san mateo. No one was hurt. Still no word on the cause. New this morning a suspected carjacker is in custody after the stolen truck he was in crashed in the south bay. Police in san jose arrested jesus daniel aftsanchez. First they say he stole lottery tickets on north 13th street. Then they say on rebecca way he carjacked a womans minivan which actually had San Jose Police uniforms inside. Police later recovered the vehicle. On tuesday night he was arrested after a stolen truck he was driving crashed. Hes now in the hospital. Officers also arrested a woman who was a passenger in the truck that crashed. Many, if not all, of the Police Uniforms have been recovered. Several alist movie stars will be in the bay tonight. They will be honored at the napa valley film festival. Tonights triblt Program Highlights artist who is have a passion for cinema and story telling. A separate ceremony honoring elizabeth wild is for tomorrow. Tonight will be a nice night to star gaze in napa. A lot of clouds will be rolling by. Weatherwise of course we are talking about the movie stars. When its nice and cool i prefer red wine. I think thats what theyll previous as well. Cooling off quickly again tonight. We are seeing more clouds moving in. We are also seeing a couple sprinkles just off the coast. Dry weather continues with our temperatures today heading into the mid60s. 68 in antioch. 61 in santa rosa and today in San Francisco 57 degrees. Like a crowdsourcing the latest info. We have our friends with chp and on waze. Over here most of the incidents, ive cleared them. We have one going down just past holly. That crash is also on the shoulder but is on highway 101. Slowing through pittsburg. An earlier crash was reported. Lets take you to the waze system. That crash just cleared. Mild slowing here heading down 242 and our wazer, unnamed but very cute logo. I want you to see that. You can pick your favorite logo. It will say nbc bay area wazers. You know a lot about this story, diapers are not cheap especially if you have three at home. Triplets. Very expensive. Helping parents who dont have enough money for them. I remember diapers. That was college. You know what i cant afford is the new flip phone but ill show it to you coming up. Okay. Plus, who let the cat out the bag . Take a look at that. Big plans to avoid paying extra for his extra large cat to travel on the plane. Well, he nearly got away with it. Now hes actually going to talk about how he was caught. Well talk all about that coming up after the break. Its a cute cat, though. Get off the counter. Ok, network inspection. Ok. Connected to wifi, protected from threats. Thermostat connected, protected. Speaker, space vacuum. [ whispering ] connected, protected. Shh. Eh, this is not connected or protected. But, thats a family heirloom. And, its a family security breach. Its gotta go. With xfinity xfi, if its connected, its protected. Pull the truck around. Simple. Easy. Awesome. Get more out of your inhome wifi experience with xfinity internet and ask about enhanced Network Security for all your connected devices. Click, call or visit a store today. Good thursday morning. Right now at 5 13 lets get a live look outside in walnut creek starting out with some low clouds and well see clouds throughout much of the morning. Now that a cold front has moved through, we are going to see those temperatures much cooler today compared to the past few days. Now today were only making it into the 60s but well have another warmup in the week forecast. Well look at that coming up in about five minutes. And as we look at oakland with the taillights moving at speed, both directions in fact, is the case. Thats why the bottom number at your minimum, 13 minutes heading up to the bay bridge from 238. All of the east bay approaches look great. Well see what we expect coming up. And good morning. Very happy thursday to you. Markets hit new records. The dow was pretty much all disney. There are only 30 companies on the dow jones and disney is one of them. Disney is doing well because its new disney plus is doing well. Nvidia in santa clara reports profits this afternoon. Its been a very strong performer. Looks like the impeachment hearings in this video but this is federal chairman jay powell in a different room. He talks to congress again today. Powell saying hes comfortable with the going interest rates. Doesnt see a reason to lower them further. President trump wants powell to lower rates because it injects more money into the economy and sparks more growth. It also lowers borrowing costs and the government borrows a lot of money. This is a very deficit heavy administration. The latest figures, these are all in trillions for you. The government brought in 3. 4 trillion in the fiscal year but it spent 4. 4 trillion for a budget deficit of 1 trillion. This is not the national debt. Thats in trillions upon trillions. This is how much we fell short in the years budget. How about a 1,500 phone . Motorola is bringing back the flip phone, the razor. Its more expensive than the iphone. They hope to release it in january. Phil schiller said kids who use googles inexpensive chrome books in school wont succeed. Apple wants kids to use the far more expensive ipads. He clarified saying every child has the ability to succeed. Helping them to do that has always been our mission. They are fighting to put ipads into schools. You cant type on them without then another keyboard and theyre more expensive. Talking earlier about having kids. Chrome books super cheap, if you break them, you replace them relatively cheap and with the google drive, its what all the schools use. My kids do. Theyre going to succeed. Stop it. Stop it. Oh, mcgrew. Okay. I wish i could tell this funny story he always tells but we dont have time right now. Families receiving benefits may receive a fremontly supply of diapers. The citys Human Service agency announced its expanding the program. Available for residents with children under 3 years old. The move will make San Francisco the first country in the nation to provide free diapers. Thats huge. Ro a tax measure is one step closer to the ballot. As soon as next week. Supervisors may agree to put it on the march ballot. It would tax them for storefront beginning in the year 2021. First the building would have to be vacant for at least half a year. Supporters say the tax would provide landlords incentive to lease the empty spaces. A russian man smuggling his fat cat, big cat on to a plane is being stripped of frequent flier status. He let the cat out of the bag, in a manner of speaking. He found out his cat weighed too much to fly in the cabin. He postponed the trip and spent the night with friends who had a much smaller cat. So the next day he checked in but with his friends cat. And then later did the old switcharoo. He would have gotten away with it but he posted the ruse on social media. Thats when the airline got wind of it. Leaving him stranded with the cat bird seat. I cant believe he tried to do that. I know. How surprising. Why didnt he wait until after the flight to post it on social media . Why post it at all . You know, people like to share. Not when youre doing something youre not supposed to. Come on, folks. I didnt know there was a limit to cat weight on the plane, too. Have to watch the fuel charges. Every bit counts. Here on the ground nice, Cool Temperatures. It will be a cooler day. Weve been waiting for fall to arrive. It arrived for a couple days. We will see a live look outside in palo alto. Theres no fog. As we go into the rest of the day the clouds will gradually roll out of here. Well see the sun peeking out but it wont be as warm going from 53 degrees at 7 00 to 62 at noon. In Martinez Well see a cooler day. Look at the temperature trend, it remains relatively flat as we go into the morning, from the afternoon as well as the evening. We are going to see those temperatures Holding Steady today. Upper 50s expected with san jose reaching 64 degrees. We are going to see more clouds moving in and cooler temperatures and also some breezy winds. We see the cold front moving through and see the wind shift and turn northerly once again making it warm up and also keep our weather very dry and then going into next week an area of low pressure moving in, by tuesday close enough it could bring in some rain to our north and then it looks like it skips to the south of us. We hope well see a couple showers out of that by the middle of next week as much cooler temperatures arrive again. A look at our temperature trend. That roller coaster, upper 60s today riding up to 76 degrees in the weekend peaking on mon dap monday. San francisco will have some upper 50s for the next couple of days. And, mike, youve been tracking the roads. How is it looking . Its all about the road crews. Here were looking at north 101. You showed the wide shot, a pleasant drive. I zoomed in because i did see more slowing just north of marsh and i did see a couple sets of flashing lights travel again. Between 4 30 and 5 45 we typically seep the crews clearing up and traffic breaks along the corridor between the embarcadero and whipple road. Wanted to give you that shoutout and a little slowing coming off the dumbarton bridge and down bayfront expressway over to marsh. The south bay shows a drive. Another note for the south bay, though, reports of northbound 101, so coming up on this corridor reports of wood, 2x4s in your left lane. Stay over to your right. There may have to be a traffic break. We dont want you to have anything happening in any way you have to avoid. Back to you. Thanks, mike. 5 21 right now. Its a problem many neighborhoods are dealing with across the bay area. Youve seen it probably, people reported to be sleeping in rvs and their cars. Coming up the peninsula citys plan to provide a safe place for those people. Up next, a group of casino owners pushing to make that a reality. Well talk about it and more straight ahead. 5 24 for you right now and a college exam procter accused of accepting bribes in the College Admission scandal has pleaded guilty to a racketeering charge. He entered a plea in the boston federal courtroom yesterday. They say the Southern California man accepted 200,000 in bribes for a total of 20 students to allow them to cheat on the s. A. T. And act test. Woe have a harvard graduate take the exam or replace the answer sheet. Procters prosecutors are seeking two years in prison. It is 5 25. New this morning a Safe Parking Program for the homeless is moving forward. The committee this week approved the plan in response to the growing number of vehicles parking along El Camino Real and in residential neighborhoods. Vehicles with special permits would be allowed to park at participating churches. A new push to legalize sports gambling in california. 18 native american tribes are now pushing for california voters to weigh in on the issue next year. This is to legalize Sports Betting at indian gaming casinos and california racetracks. The Supreme Court recently opened up sports gambling to states outside nevada, but its future in california is still not clear. The state legislature is considering a similar ballot measu measure. 5 26. A followup on an emotional moment this week for long time jeopardy host alex trebek. Lets take a look at your response. Did you come up with the right one . No. What is we love you alex. Thats very kind of you. Thank you. Cost you 1,995. Youre left with 5. Maybe you saw the video of the contestant who wrote we love you, alex, during the final jeopardy round. Today ellen is sitting down with that contestant, it came on the day it was publicly announced he was reentering treatment for stage 4 pancreatic cancer. We could really tell it was tough for him. When i got up there i wasnt going to win the game or anything. I could try to figure out the answer or do something for this person who might need it right now. So nice. Tune in for ellen and see what shes doing in trebeks honor. Certainly one to watch. 5 27 right now. Coming up on today in the bay, the top stories on this thursday morning including another rowdy night at the Oakland School board meeting. Take a listen to this. Your cops took me to the hospital trapped to a gurney in handcuffs. The fight is over closures. Well talk about how the meeting ended which is not sitting well with some parents, plus, all new for you this morning i saw a young woman waving her arm underneath the car and trying and yelling for help. Bystanders rush in to help a woman trapped after an overnight car crash on the peninsula. Coming up the latest on the womans condition and what may have led up to the crash. Youre watching today in the bay. Is your business still settling for slow internet . Well time is money. Switch to comcast business now and get a great deal when you get fast, reliable internet. With a 30day moneyback guarantee, installation when it works for you, and 24 7 customer support. So what are you waiting for . Get this great deal when you sign up for fast, reliable internet. Call 18005016000 today. Comcast business. Beyond fast. Welcome to thursday morning. Or friday eve as we like to call it. Good morning to you. Thanks for joining us. Im laura garcia. And im marcus washington. Here is a story everyone is talking about, protesters turn an east Bay