that drives my life. and i couldn't do it without them. >> reporter: the 27-year veteran of lapd told reporters change will be the biggest challenge and he made it clear, he intends to change the city's use of force policy to restrict officers from shooting into moving vehicles, similar to what l.a. did 11 years ago. tlrchlt is contention on either side of the issue and we move forward with a policy that is very, very restrictive as far as moving in shooting vehicles. >> reporter: groups say changing the use of force policy needs to be priority one. >> we want to make sure that none of the officers use their actual guns to shoot at any moving vehicles. >> reporter: san francisco's police union has resisted that ban, pointing to terror attacks where vehicles have been used as weapons, and some say the union's support for tony chaplain may have caused the mayor to choose an outsider. >> i think it's a tacit

acknowledgment that an outsider was needed. >> reporter: the man who ran the operations office of the lapd 11 years ago is now san francisco's district attorney, george gaston. we'll talk to him about this new appointment and the changes he sees coming. that's in our story at 6:00. reporting from san francisco, mark matthews, nbc bay area news. >> it is big news in the city. thank you, mark. not only high-profile and powerful position, but the police chief also is among san francisco's highest paid public earners. greg sir earned more than $300,000 annually. our investigative unit is also taking a close look at chief bill scott's career. he joined lapd back in 1989. he worked as a patrol officer, a gang officer, a detective and an internal affairs. four years ago, moved up to commander. in 2014, became deputy chief of l.a.'s south bureau, where he managed 1,700 officers in one most of the violent sections of

los angeles. we put in a public records request to find out if anyone filed a use of force complaint against chief scott or any officers under his command. under state law, the department has ten days to respond to our request. we're also following breaking news in mexico. 26 people are dead and 70 more injured following an explosion at a fireworks market. we have video of the explosion. it happened this afternoon. you can see it. it's violent. again, a fireworks market about 20 miles north of mexico city. police say the scene is still active, and dangerous at this hour. everyone within three miles of the market is being told to stay away. it is possible the death toll could rise as the rescue workers continue to scour the site. ironic here. back in 2005, a fire hit the same fireworks market, leveling hundreds of stalls. overseas in germany, isis is claiming responsibility for that deadly terror attack in berlin.

meantime, the only suspect has been released. german police say there was just not enough evidence to put a 23-year-old pakistani man behind the wheel of this truck. that drove into a crowded market last night, killing 12 and injuring 50. investigators say they are now hunting for at least one suspect and sifting through surveillance video. last month, the state department warned americans traveling abroad to be extra careful, and today reiterated that. >> be vigilant when overseas, particularly in europe and particularly at public events, such as fast values and markets. we just want people to be self-aware. >> in recent years, isis and al qaeda have been promoting truck attacks in crowded places. this one in france this past july killed 86 people. the parents of an oakland teenager say they don't want it to happen to anyone else. that's why they're suing the city of oakland after a tree branch fell and killed their son. nbc bay area's jodi hernandez joins us from lake merit this

evening. this is a popular spot in town. how did it happen? >> the teenager's friends told me they climbed up on that tree countless times before and never saw any signs of danger. this is the air where it happened. of course, the particular tree has now been removed. but the teenagers' parents worry others are still at risk. >> we just miss jack every day. it's been a tough year to get through. >> reporter: the lewis family is gearing up for a second christmas without their son. 16-year-old jack died last december when a tree limb he and his friends have climbed at lake merritt came crashing down, crushing jack to death. >> i hope that it will just not happen again. i just don't want anyone else to get hurt. >> reporter: the lewis' have now filed a lawsuit against the city of oakland, claiming the city knew the tree was diseased and should have removed it. >> this is a tragedy that did

not need to happen. the city of oakland had multiple opportunities to prevent this tragedy, and every time they fell down. >> there is actually a fungus growing within this crack. >> reporter: consulting arborist denise britton says there are other trees that could topple. >> this tree has a potential to fail in the wind. >> it's a really an inviting branch. >> reporter: that was one of jack's friends who was up on that tree with him when it fell. we're going to hear more from him at 6:00. mine while, we did reach out to the city of oakland. they say they do not comment on pending litigation. reporting live at lake merritt, i'm jodi hernandez, nbc bay area news. >> thank you, jodi. a computer glitch at southwest airlines inconvenienced travelers today. it started around 11:00 a.m. both the website and mobile app were down. when passengers try to book flights, they got an error

message. it took several hours to get the website back up and running. this isn't the first time southwest has had computer problems this year. about five months ago, a major glitch forced the airline to cancel over 200 flights. it happened again for the second time in a week. a b.a.r.t. train came to a stand still. it stopped inside the trans bay 2 and created a ripple effect that slowed the commute for thousands of people. elyce kirchner joins us from concord. elyce, what's the explanation here? >> reporter: well, raj, a lot needs to change here. we spoke to a computer here at the station who was actually stuck in that train just outside of the embacadero. as you can imagine, he said it was very nerve-racking, but train officials say in the short term, at least, we can't guarantee the problem won't happen again. stuck on a b.a.r.t. train under water. >> i have weird thoughts, like this is a bad place to be if an earthquake, for example. >> reporter: justin wade was one

of the commuters seen here in this photo. >> i'm just groaning. >> reporter: in this video, showing riders trapped on a train in the transbay tube this morning. >> moving a quarter mile at a time, slowly towards embacadero. >> in this case what happens is a brake mal fungs. >> reporter: a b.a.r.t. spokesperson says a propulsion problem caused widespread delay its for commuters. it came a week after another train stuck in the tube caused major delays for an evening commute. >> reporter: how do you prevent it from happening again? >> you do the best you can with your maintenance. what we're hopeful for is the fleet of the future. >> reporter: the new cars are still in the testing phase. >> sooner would be better than later, yeah. definitely. >> reporter: and even though voters passed a $3.5 billion bond to rebuild the b.a.r.t.'s core systems, that too will take time. >> it just doesn't happen overnight. we're not even into 2017 yet. we have this plan, approved by the voters. >> reporter: and that b.a.r.t. spokesperson says the new trains

will be coming sometime in the next year, but would not specify exactly when they will be in use. reporting live in concord tonight, i'm elyce kirchner, nbc bay area news. >> thank you, elyce. how much is too much when it comes to police officers on campus? our 18-month investigation into the misuse of school police officers is now getting the attention of the white house. >> the education secretary is urging schools across the country to stop overusing law enforcement to discipline students. investigative reporters have been on the story from the beginning. >> reporter: the department of education tells us before developing these new nationwide recommendations, it has been tracking our reporting on the issue. so we traveled to washington to speak with the secretary about these new recommendations and our ongoing investigation into how some children are getting arrested for what some describe as just childish misbehavior. we found some schools in the bay area where students are getting criminal records before they even hit puberty.

>> that's right. it's very distracting. >> reporter: we'll tell you what changes the white house wants made in the bay area and across the country. that's tonight at 11:00. >> we'll see you then. coming up now at 5:00, evicted at the height of the holidays. we'll have a new report on how many people in the san jose complex see what's happening is adding insult to injury. >> working here is like a change of my life. has really changed my life. >> a south bay school says thanks to a man who does so much for them. he says it's just the opposite. that's tonight's bay area proud. i'm meteorologist jeff ranieri. another spare the air day is in effect all the way through wednesday's forecast. the worst air quality in the north bay. but rain is set to arrive this week and improve the air quality. we'll talk about when the heaviest rain arrives and how much we could get in less than ten minutes for renters at a huge san jose

apartment complex. . it's turning out to be a bleak holiday season for some renters at a huge san jose apartment complex. they're facing eviction, so their rent-controlled apartments can be replaced by luxury units. we broke the story back in march. nbc bay area's robert handa joins us from the apartment

complex in san jose. robert, what happens next? >> reporter: well, you know, the evictions have been looming for months, but the eviction notices really drive it home. a brutal, emotional experience, especially during the holidays. but community organizers voua to keep fighting. jeremy and destiny have lived at the reserves for six years, along with most of the tenants in the 216 unit complex they have recently gotten eviction notices. >> it's very hard. trying to get through the holidays. it's tough to even put up decorations and, you know, you're leaving the place. you don't know what to buy. >> looking at moving over the holidays, probably, you know, january start looking for a new places. i think what we have been looking at, my wife and i, it's been almost 1,000 to $1200 a month increase in just the rents that we would be paying. >> reporter: community organizers are trying to help tenants get financial compensation from the city.

the city's urban planning that opened the door for rent-controlled complexes to convert to market rate rentals had no plan in place to help displaced tenants. now organizers say tenants not only face eviction but registered fail. >> you're forced to go to the post office. so tenants had to stay as long as 90 minutes in line, only to pick up their eviction notices. >> reporter: the situation at the reserve apartments did lead the city council to try to come up with a citywide policy to help displaced tenants but couldn't come up with one. now community organizers say they'll take it up with the new city council taking over next month. live in san jose, robert handa, nbc bay area news. the chp has arrested a san leandro man for taking them on a wild chase overnight. this happened at 3:30 this morning. a man snuck into a tow yard and

blasted through the bay bridge toll plaza, leading police on to san francisco city streets before getting on to southbound 101. the driver jumped out of the truck and ran across the freeway. police arrested him in a nearby parking lot. remarkably, no one hurt during the hour-long chase. the motive still unknown. a lesson many of us learn early in life. judge people by who they are, not what they do for a living. it's a good reminder, really, for all of us. >> and a lesson that students at a south bay high school have been taught, not by a teacher but the custodian. garvin thomas has their special relationship in tonight's bay area proud. >> jesse ramirez does not have fondled memories of high school or any schooling, really. it's why he says he's glad he has a second chance to make that not the case for other kids. >> mr. toppin! >> reporter: traveling the halls of del mar high school with jesse ramirez feels less like hanging out with the custodian.

>> hello, sara. >> reporter: and more like riding shotgun with the most popular kid in school. >> everyone knows him by name. >> reporter: it is about as far from jesse's actual high school experience as possible. >> tough times. growing up, it was difficult for me to learn. to retain things. eventually, i would just shy away from everyone. because it got to a point where it was embarrassing for me. >> reporter: it was so tough, jesse admits, he even worried about taking the janitor's job here five years ago. worried that the kids might look down on him. but jesse needed to work. it turned out, he says, to be the best decision he ever made. >> working here has -- is like the change of my life. it's really changed my life. >> reporter: that's because jesse made an appoint this time around to be the kind of adult

for kids at school that he wishes had been there for him. >> seeing a student, you know, being by himself, you know, being a loner in the corner reminds me of what i went through in high school. so it kind of like reached out and just kind of let my ears and my voice to that person. and kind of just, you know, grew. >> what's up? >> reporter: the students seek out jesse all of the time for i am prompt u counseling sessions on campus, some lasting more than an hour. >> totally, i know. he does that for kids. it's insane. >> there are a lot of people who are going to take the mike. >> reporter: even with how much he has grown, jesse still says he's pretty shy. >> can we have jesse come to the floor? >> reporter: and more than a little nervous when he was surprised in front of the whole school at their winter wishes rally. both students and staff had singled out jesse for all he

does, and wished something nice be done for him. >> and last but not least, we got you four football tickets to the 49ers game -- >> reporter: which they did. it's hard really to figure out who is getting more out of this relationship. jesse or the students. this much, though, we do know. they have learned from him that in this world, great things happen when you judge someone for who they are, not what they do. >> love that. >> that's a cool story. >> it gets even better. i talked with jesse -- he took the job because he needed a job. he now is looking ahead to his future, thinking i may want to go back to school, get some credentialing and work with kids in a similar position. he's just -- >> perfect! he's a total natural. >> he's thinking this might be his career path now. >> students need somebody they feel comfortable talking to. and like an administrator, sometimes they don't want to open up. but he does it for them. >> very nice. thank you, garvin. we want to take you live outside right now to the port of

oakland. the city of oakland. also the home of jack london square, which just so happens to be one of the bay area's most visited attraction, according to property manager sim group. 3 million people made their way there just this year. it's a beautiful night, jeff. and hopefully it's going to warm up a bit. because i've been freezing. >> eventually, a little bit. did you guys see that sunset behind you? >> gorgeous. >> i know everybody at home saw it. >> this is live, people. >> i had to point it out. we do have still some slightly warmer weather coming our way and then things are going to head downward with that possibility of rainfall still in the mix. we have seen timing and intentionty changes, but all on the way. live look in san jose, and we have had the haze today. currently 55. we'll drop down to 46 by 11:00 tonight. the good news for tomorrow morning, even though we start off chilly, it looks like we won't see any temperatures at the freezing mark or below. so the south bay at 41.

peninsula, 43 and the tri valley, 38. our coldest average would be in the north bay at 37 degrees. san francisco, 45. and for the east bay, 43. so let's go ahead and take you into the microclimate forecast. as we head throughout wednesday. again, temperatures warm up a couple degrees. not going to be warm by any means. but i think it will be noticeable. 620 expected in morgan hill. 63 in east san jose and 62 for downtown san jose. throughout the east bay, anywhere from 59 in pleasanton to 61 in concord and 58 for hayward. and for the peninsula, 57 in belmont and 56 in daly city. 50s also for san francisco with the coolest spot here along the embacadero. then a little warmer here across the marina and 620 degrees. throughout the north bay, anywhere from 61 in sonoma to 58 in mill valley. don't want to forget napa with a high of 62. a lot to get to tonight. i want to push things ahead towards the possibility of rainfall. and the bottom line today is the storm system is still on the way

for friday. the key change is the fact that it's speeding up. so by friday, at 5:00 a.m., we likely could have showers moving into the north bay with potentially that heavier rainfall once we hit about 5:30 in the evening. looks like everybody will be hit by this storm system as it moves in. but, of course, with our bay area storms, some areas will get more rainfall than others. the way it looks now, everybody is good for at least a half inch to 1 inch potential. i really think the focus is the heavier rainfall in marin, napa and sonoma counties where totals may range from 1 to 2 inches. here's what i want you to know. if you're traveling on friday on a road trip for christmas, heading to see family, the entire state is expecting wet weather. so please take it slow. and if you're heading to the sierra, not only lake tahoe but shasta expecting the potential of 1 foot of snow, maybe as much as 2 feet. dry weather again through

thursday. rain returns on friday. then we'll see areas of scattered rainfall saturday, sunday, monday and tuesday. but what you need to know, again, is that friday is the wettest day in that extended forecast. and one more thing before we go real quick. i wouldn't be doing my duty if i didn't let you know. winter officially arrives tomorrow. >> what? >> yes. i know. >> definitely felt like winter last week. >> it's been feeling like winter. >> i'm totally prepared. thanks, jeff. still ahead, how the families of three orlando nightclub shooting victims are trying to hold high-tech giants responsible for mass murder. and a thanksgiving food poisoning mystery has been solved. we'll explain. technology

♪ i said i really can't stay ♪ baby it's cold outside ♪ i have to go away ♪ baby it's cold outside ♪ i really can't stay ♪ baby it's cold outside! you never know who you'll meet at barnes & noble.

==reveal== a shakeup at twitter: the chief technology happening now, a shakeup at san francisco based twitter. the chief technology officer leaving the company. he tweeted out a word of thanks to ceo jark dorsey earlier today. get the full store on our twitter page. and on our home page, we posted photos from the tsa of this year's weirdest finds. a hello kitty gun to a gold hand grenade. back in a moment. the families of three men killed

in the orlando pul the families of three men killed in the orlando pulse nightclub attack are suing twitter, facebook and google. the lawsuit claims that isis uses twitter, facebook and google for violence. they say the content post led to the attack in june. a lone gunman killed 49 people inside the gay nightclub. we reached out to facebook and the company told us it believes, quote, it's clear there is no place on facebook for terrorist activities. it's been a mystery for weeks, but tonight we know what's to blame for the community thanksgiving dinner that turned deadly. you may remember, three people died after a thanksgiving celebration at the american legion hall in antioch. the cdc is pointing to a bacteria in some of the food served. it's one of the most common foodborne illnesses in the united states. to avoid it, make sure you cook and store food at proper temperatures.

up next, the bay area musician being inducted into the rock and roll hall of fame.

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hall of fame inductees has some local flavor to it. the 2017 class of rock and roll hall of fame inductees has local favor to it. >> let's hear it. ♪ don't stop believing >> i've never heard the song before. >> what is the song? >> san francisco's journey will be immortalized. >> finally. >> tupac shakur will also be inducted. the other head liners, pearl jam, who along with tupac, being inducted in their first year of eligibility. joan baez, e.l.o.'s electric light orchestra. and yes. congratulations to all of those inductees. and like you said, what took so as long? >> they all deserve to be there. a lot of favorite songs. journey. i remember. okay. that's going to do it for us. >> enjoy the sunset. see you at 6:00.

>> bye.