that matter on kpix 5 news this morning. good morning, everyone. it's tuesday, october 29th. i'm michelle griego. >> i'm frank mallicot. it is 5:00. get you out the door now with a little weather. >> thank you very much but even i don't feel so great at these hours. kind of a transitional day. we've got our high def doppler radar out checking out your skies right now. for the most part, we are going to keep thingings dry outside, but i think as we head throughout the afternoon, we are going to see a few more clouds continuing to linker in our skies and then looks like more sunshine coming our way as high pressure going to be building in over the next couple days. so with that in mind, we've got nicer weather, but still going to be cool outside. temperatures this afternoon probably in the 50s coast side and then maybe some 60s out toward the coastline. little cool to start with right now. 40s and some 50s. not quite as windy, but these numbers running well below the average this time of year, almost ten degrees below normal

in spots. 63 degrees in concord. 59 degrees in san francisco, and 63 degrees in santa rosa says the great elizabeth. yes, i know. the great winger. have the same ring to it. yeah. all right. let's go out live towards the golden gate bridge. got some flashing lights going on right now, and doing those lane changes. those are the crews out there right now. they're opening four in the southbound commute direction, two in the northbound. anyway, there's no delay in either direction right now. everything is free and clear from novato all the way down towards san francisco. and if your commute is in the south bay toward san jose, 64, 65, 63 miles per hour. 101 parkway and 280 all cleeshgs and your most popular drive time around this morning, westbound 580 not backed up yet through tracy. 880 looks good in oakland, and there's a live look east shore freeway. westbound 80. a nice and light 19 minutes so that is looking good all the way

down through berkeley. now, transit bart so far system wide on time. caltrain also got a great start so far out of the central valley. that's your latest traffic. back to you guys. >> all right. liz, thanks. it was the flight from hell for a group of passengers trying to fly out of oakland. it took three planes and 12 hours before they were finally able to take off. kpix 5's mark kelly with more on the morning flight that didn't get off the ground until late last night. mark >> well, frank, on a typical day, a flight from here in oakland to utah just takes a quick 90 minutes. this was not a typical day. passengers were so frustrated with the whole ordeal, they sent kpix 5 exclusive video of it. it all started 9:30 a.m. monday. flight 1032 pushed back from the gate only to find a cable controlling the front landing gear snapped so passengers were then put on a new 3:00 p.m. flight, but that also had a mechanical issue and arrived

three hours late. finally, when the third plane went back to the gate for fuel, passengers went off. >> i have been imprisoned by allegiance airlines for over nine hours, and i am outraged. this airline should go out of business immediately. >> going to fly allegiance? >> no, never again. i'll probably tell everybody else not to fly them either. >> my husband says we're never going allegiance again. i've been at the airport since 6:00 this morning. i am so fed up with this airport. >> these people are so insensitive being 12 hours in the airport. >> so allegiance put out a statement saying in part every effort was made to keep passengers as comfortable as possible. we never want to delay or inconvenience our passengers, but the safety of our passengers and crew is our no. 1 priority. frank. >> well, mark, it sounds awful.

did they compensate anyone in any way? >> they did, actually. we are told they gave passengers a $100 credit for another flight, but as you can imagine, some of them are saying they just rather not go at all. >> yeah. i could understand if they decide not to use those. okay. mark kelly live for us over at the oakland international airport. thanks. happening today, we could see the largest protest yet in the killing of 13-year-old andy lopez in santa rosa. we're also learning more about the sheriff's deputy who shot lopez last week. he's identified as 48-year-old eric g gelhaus. he has been with the vf's department for more than 20 years. the sheriff says his deputy feels terrible about what happened. >> this is a horrible tragedy for all involved. >> deputy gelhaus is a veteran of the iraq war and a has been a contributor to several gun web sites and police magazines. marjorie is due in court

today to be arraigned for the deaths of two people at menlo park last week. the 54-year-old redwood city woman couldn't make it to court yesterday because she was in the medical ward at san mateo county jail. >> rietzell is charged with killing kamal and as they walked their dog along the street thursday night. leaving behind, now, three teenage children. reitzell is on probation from drunk-driving conviction from last fall. 15 san francisco firefighters have been awarded $3.7 million in an age discrimination case. the firefighters challenge results of a test they took in 2008 to be promote today lieutenant. each firefighter was awarded pay as if they had been promoted plus $108,000 for emotional distress. the man charged with sexually abusing children while work at a morgan hill ymca is expected in court today for a flooe plea hearing.

20-year-old allegedly abused five kids four under the age of 13 and one as youngs as three. he was also accused of possessing and was arrested in july. long-time supporters of the nsa are joining the international outrage now at revelation, but the latest surveillance operation to be made public and now as reporter susan tells us, senator diane feins tein. >> senate intelligence committee chairwoman diane feinstein expressed outrage over allegations the u.s. spies including german chancellor. she issued a statement monday saying i am totally opposed. the white house says it is reviewing the program that monitored the foreign leaders, but feinstein and her senate colleagues want to go one step fit. she's calling for a review of all intelligence operations. >> these revelations call for a thorough review of the collection standards that we are

using. >> senator feenstein says her committee was unaware. senator john mccain wants to know who did know. >> obviously we're going to want to know exactly what the president knew and when he knew it. >> the white house won't say whether the president new about the eavesdropping but admits damage had been done. >> we are mindful that some of these disclosures have caused tension in our relationships. >> brock is part of a european delegation now in washington to urge the u.s. to stop spying on allies. >> i think we have to make a clear distinction between fight together terrorists but not spying on friends. >> the delegation meets with senator feinstein this morning. susan mcginnis cbs news washington. >> white house officials will meet with the european union delegates later today. president obama is already saying there needs to be additional constraints on how the united states gathers intelligence. former santa clara county supervisor george shirakawa faces more legal problems.

a grand jury indicted him yesterday on a false impersonation charge. it's related to a phony mailer. prosecutors say shirakawa conjured up to discredit a san jose city council candidate. shirakawa has already pleaded guilty to stealing public funds he says was fueled by a gambling addiction. he's scheduled to be sentenced in november. a south bay man pleaded no contest to charges he threatened state senator leland ye. prosecutors say everett basham was angry about attempts to banish assault weapons. he sent an e-mail, and when police went to basham's santa clara home they found bomb-making materials and illegal weapons. basham faces up to ten years in prison. happening today, san francisco supervisors will put forward a plan to charge you 20 cents more for a can of soda. the idea coming from scott weiner. he wants the surcharge on each bottle of soda in san francisco. the money would pay for health,

nutrition and activity programs for young people. >> i vote for the tax, yeah. as long as i know for sure it's definitely going toward that program and definitely going toward that cause then, yeah, i'd pay for the tax. >> sugar is terrible for you and everyone drinks sugar all the time. i feel like people would stop drinking sugar y sodas if they were 24 cents extra. >> the idea would need support from the majority of supervisors to get on the ballot. similar measures were defeetd last year. and protesters plan a rally today against another one of scott weiner's proposals. this time, the supervisor wants san francisco parks to close between mid niethd and 5:00 a.m.. the idea is to stop vandalism and theft. protesters say the plan targets homeless people. today's rally will be at noontime at city hal. celebrity chef guy fierri took the stand against bay area teen accused of stealing his lam boar gee knee. max is accused of repealing into

a san francisco car dealership in 2011 and stealing the $200,000 car to impress a girl. fieri spent five minutes on the stand yesterday telling the court he never gave permission for anyone to take his car. >> for me as a guy that talks on tv all the time, i was surprised it was that short. i just want to keep it straight and to the point. let's wrap this up. >> wade is also akudz of trying to kill the girl and her then boyfriend after she rejected wade's advance. 5:10. a spoonful can burn your mouth but your eyes, as well. the popular chili sauce feeling a little bit of the heat in the city lawsuit. plus a lawmaker under fire. why the assemblyman said he would vote for slavery if he had to. and chris brown in trouble with the law once again, but the news isn't all bad. how he could avoid jail time all together. still plenty of clouds rolling across our skies right now. will we see anymore rain drops? we'll talk about that coming up. we have a new accident now

near the airport near sfo northbound 101 access road. we'll have all the latest details. is it causing delays? all your highlights after the break. blach ,,,,,,,,,,,,,,,,,,

someth well, a scary surprise for hayward man as he watched a

movie inside his bedroom. out on the streets a ford mustang crashed through his wall, stopped right next to him, car barely missed him. >> banged the wall and flash. first thought is, wow, again, because it happened about, like, nine to eight years ago. >> well, the fire department says speed may have been a factor in the crash. nobody was hurt fortunately, but the mustang driver pointed out to gonzales that his car was totalled. by the way, the apartment, well, they are, too. ten residents are now displaced until they can make some repairs. felony charges against singer chris brown and his bodyguard have been reduced to simple assault misdemeanors. the pair is accused of hitting a man at a hotel in washington dc over the weeks end. he was in court yesterday. brown could face jail time if this latest brawl is deemed a violation of his probation over the rihanna beating incident. you could imagine chris brown is trending this morning. also trending, superstorm sandy.

one year ago today, superstorm sandy delivered a direct blow to the northeast. federal judge, parts of a texas abortion law, wendy davis filibuster had been ruled uninstitutional. russian president vladimir putin says gay athletes and prisoners will be welcome at the games, and mcdonald's ketchup, the first food giant dropping heinz as its provider. okay. traffic. it's a tuesday. what's going on? >> not much. we do have one accident out there. we're not seeing any delays on our sen source, but it is an accident on that 101 ramp close to the north access road exit so it's just past the airport. a car hit a rock. it's now side waist, and we are learning that it may be blocking the no. 1 lane. again, we'll let you know if it starts to cause some brake lights and some delays as you make your way past sfo. northbound traffic is affected,

but southbound would not be. all right. let's go outside live. here's a live look at the bay bridge toll plaza. so far looking free and clear all the way across the span, no major problems all the way towards the toll plaza and all the way through the maze. we're not seeing any major delays. here's live look at the san mateo bridge. uong it's actually low clouds so everything is actually looking pretty good in both directions across 92 between hayward and foster city, and, hey, look at that. we're starting to see a few brake lights now coming on westbound 580 past the pass and through the livermore valley. looks like we should get past road, though. speed sensors approved, turned back to green and traffic moving at the speed limit once again. that is your latest traffic. more on your tuesday forecast. looking pretty good around the bay area although you might want to grab a light jacket. weak weather system continues to move on by. right now most of the bay area drieshgs but we are still seeing a few drain drops towards the

santa cruz mountains. i think it won't be long, and that'll be actually sliding out of town here so we're going to watch things wind down. if you're headed out the toor right now, partly to mostly cloudy. temperatures on the cool side in 40s and 50s but going to stay cool all throughout the day today. toward the coastline not as windy, but temperatures may be topping out only in the mid 50s. 50s inside. mixture of sunshine. little sunshine, couple clouds and temperatures only in the mid 60s. so low pressure bringing all that cold air to the bay area finally going to slowly begin moving out of town but not before leaving behind another unseasonably cool day. after that, high pressure begins to build into the bay area, and our temperatures going to start to warm up a few greece. for today let's keep them down. about 56 greece in pacifica. 59 in hayward. east bay temperatures going to be way down below the average. 64 in livermore. 63 in pleasant hill, and 62 degrees in val val. as you head inside the bay, little breezy this afternoon and 59 in san francisco and 54 in daly city.

next couple days, it is return to more sunshine. looks like warmer weather. in fact, nothing too spooky for the trick or treaters on halloween. should be a very, very nice day. another system rolls towards bay area but just partly cloudy skies but no rain on saturday. >> it's always turtle neck under the halloween costume. >> i know. and carry the umbrella, but i think we'll be okay this year. >> okay. good. it is 5:18 now. happening today, the mother of trayvon martin will testify on capitol hill about stand your ground self-defense laws. se brianna fulton has promised to keep pressure on lawmakers to repeal or overhaul those laws. she has said neighborhood watch volunteer george zimmerman got away with murder in the death of her son because of florida's stand-your-ground law. a lawsuit filed by a late penn state coach joe paterno's family goes before a judge today. the suit accuses ncaa a breach of contract and defamation. this is more fall out from coach

jerry sandusky's molestation scandal. yesterday penn state agreed to pay 26 sexual abuse victims of the former coach he says he wasn't serious and his words were taken out of coffin text. well, we dug up the video. you be the judge. >> that's what they want. probably have to hold a gun to my head, but, yeah, if that's what the citizens of -- if that's what wants. you elected me. that's what they elected me for. that's what republic is about. >> novato's governor and several senators on capitol hill call the comments outrageous, incense tef, and wrong, and they want an apology. the city of irwindale is trying to do something about the powerful smell from the plant that makes the popular sric hot sauce.

the city has filed a public nuisance complaint against the owners. >> your eyes burning, feeling your nose tingling, want to sneeze. it's like cooking chilies in your house. you have that little cough, the itch in your throat, definitely kind of unbearable. >> the lawsuit says the smell is so strong, it has costs residents more activities indoors and in some cases even move to other housing temporarily. it also say it is city received no action plan from huy illustrating steps that it will take to solve the problem. it's 5:20 right now. coming up, a giant fish jumps on board, but it's what the fisherman did that's even more unusual. coming up, can the st. louis cardinals even the world series, and the 49ers, man, they had a golden chance to tie for the lead in the nfc west. we'll tell you if they did that coming up. ,,,,,,

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the united states population is going to grow by over 90 ovemillion people,ears and almost all that growth is going to be in cities. what's the healthiest and best way for them to grow so that they really become cauldrons of prosperity and cities of opportunity? what we have found is that if that family is moved into safe, clean affordable housing, places that have access to great school systems, access to jobs and multiple transportation modes then the neighborhood begins to thrive and then really really take off.

the oxygen of community redevelopment is financing. and all this rebuilding that happened could not have happened without organizations like citi. citi has formed a partnership with our company so that we can take all the lessons from the revitalization of urban america to other cities. so we are now working in chicago and in washington, dc and newark. it's amazing how important safe, affordable housing is to the future of our society. straight into the boat. theh three fisher menino desperately trying to reel in marlin when it jumped straight on to the boat. there you go. the fish narrowly misses the men, as you can see there, just jumping around. the guy actually jumps out of the boat into the water to avoid

getting stabbed. the marlin was eventually brought under control. little bit of panic there, right? the man in the water was also fished out. he's, like, i'm out of here. >> i don't blame him. >> but the video has now gone viral. >> good thing he moved. good morning, everybody. the curse of the bambino is long gone, but red sox, they have not won a title at fenway since the wilson administration. that could end wednesday fight. boston lefty john lesser threw 7 and two third shut out innings in game one. he follows that up with another in game 5 last night. struck out 7 and pitch into the 8th. only gave up a run. it was tied at one in the 7th with david ross doubled up. cardinals ace adam waynewright go ahead. boston wins the baseball game and take a 3-2 series lead. they can wrap it up wednesday. across town, edward jones dome, rams have one eye on football, the other on baseball. third quarter, rus el wilson airs it out, and look at golden tate. 80 yards score. tate is going to hot dog it into

the end zone. 14-6. now, it's 14-9 seattle. we're at the end of the game. the rams have five great plays inside the ten-yard line. they couldn't get it done. seattle hangs on. they are 7 and 1. george archer stroke of genius proam was held in san mateo. the tournament raises money for literacy because after passing away in 2005, archer's wife revealed her husband had a third grade reading level; and so money is raised and has been every year to help kids who have learning disabilities learn how to read. great cause down there in san mateo. don't forget park gets it on with the champions championship all week long. that's it, everybody. see you tonight. >> all right. dennis, thanks. we're going to go back to the world series now for the play of the day. shane robinson, low chopper. it's going to hit the pitcher.

look at pedroya pick it up and fly the bare hander and gets his man. it worked. nice play by pedroia. all they got to do is win one more. >> just one. >> world series champs. play of the day. >> again. >> again. 5:26 right now. coming up, they haven't left oakland, but you'd be hard pressed to tell. the warm welcome for the warriors in san francisco. and a tax for soda. the bay area city that may charge you a quarter more for the sugary beverage. and we're live in santa rosa where demonstrators plan another rally on the one week anniversary of 13-year-old boy shot and killed by a deputy. what weir learning about the man behind the trigger. ,,,,,,,,

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this is kpix 5 news. new details in the death of a 13-year-old who was killed by deputies one week ago. today we now know the identity of the man who shot andy lopez. passengers say their airline imprisoned them. i'm mark kelly. coming up, a live report from oakland international on what some are calling the flight from hell. a lot of clouds outside right now. some cool temperatures, too, and our high def doppler radar still finds rain drops, as well. talk about that coming up. checking road conditions right now. bay area bridges. everything is cruzing right along. if you're heading towards the bay area toll plaza. plus checking mass transit. it's all coming up. good morning, everyone. it's tuesday, october 29th. it's 5:30 now. kpix 5 live up in santa rosa where today hundreds of people protest the death of a 13-year-old boy. >> and we are also learning more about the deputy who shot and killed the teen last week.

>> yes, that's right, frank and michelle. today as many as 1500 people are expected to attend today's rally, and today marks one week since 13-year-old andy lopez was shot and killed where this memorial stands. barricades are up, and sonoma county sheriff's office ready for another large demonstration in front of its doors. meanwhile deputy eric gelhaus is on administrative leave following last week's shooting of 13-year-old andy lopez. investigators say lopez pointed a toy gun at gelhaus and another deputy. the sheriff says gelhaus has been with the department for more than 20 years and feels terrible. >> it's a horrible tragedy for all involved. >> deputy gelhaus contributed to many gun web sites and police magazines. a veteran of the war in iraq, gelhaus was commission today write an article for swat magazine in 2008 to talk about how to survive an ambush. meanwhile, at the lopez memorial, there is a lot of discontent with law enforcement

and little sympathy for gelhaus. >> i'm mad. i'm just -- it sucks to lose one of my friends. >> and on the one week anniversary of andy's death, a facebook page called justice for andy lopez calls for students to walk out of klass at 10:00 this morning, and for demonstrators to take to the streets, no sidewalks. >> city leaders are advising people to stay away from the county administration center because traffic in that area will be impacted. reporting live in sant raise, kpix 5. >> as for the big rally today, the plan is to gather at noon at the old courthouse square and then march to the sheriff's office. an legion airline passengers plan to be in utah by noon but their airliner couldn't make that happen. the flight from hell didn't get off the ground until well after sun down yesterday. kpix 5 mark kelly with a list of problems when it try today take off from oakland international airport. mafshg. >> frank, be glad you weren't on

this flight yesterday. it took flight 1032 more than 12 hours to get in the air so passengers, they were frustrate today say the least, and they show it had whole ordeal in cell phone video to kpix 5. >> allegiance air's twice-weefkly flight is usually a quick 90 minutes, but at 9:30 monday morning shortly after flight 1032 pushed back from the gate, a cable controlling the front landing gear snapped. >> all right. 1032, are you going to push back into the gate? >> yes. >> passengers deplaned and were taeld a secondary craft was coming from las vegas. plane no. 2 arrived but also had mechanical problem. passengers were told plane no. 3 should arrive from arizona some time after 6:00. on board the third plane, there was this. >> more fuel and we'll probably

push off in about another 35 -- 30, 35 minutes from now. >> by then, passengers had lost all patience. >> been imprisoned by allegiant airlines. >> i'm so fed up with this airport. >> just before 9:00 p.m., flight 1032 finally took off, arriving in utah at 10:22, almost 13 hours after it was scheduled to leave. >> allegiant issued a statement saying, "in part, every effort wusz made to keep the passengers as comfortable as possible. we never want to delay or inconvenience our passengers, but the safety of our passengers and crew is our no. 1 priority." >> so three planes and more than 12 hours later, passengers eventually made it to utah late monday night. live at oakland international, mark kelly, kpix 5. >> a little worn out. okay. mark, thanks. allegian air says it offered the option to cancel or reschedule the flight at no extra costs.

it also offered $100 flight vouchers, but the passengers tell us they will not be flying allegiant air any time soon. more than a foot has fallen in the highest elevations. this is the season's first storm, and it's creating some problems on the roads. interstate 80 came to a crawl last night as drivers were forced to put on chains. some vehicles even went off the road. >> this one here is the second one tonight. i'm sure there is going to be more before it's all over with, you know, people just need to go slow. >> no one was seriously hurt. if you are headed towards the mountains today, be sure to take your chains. they are required on 80 at donner summit in kingsville. the ski resorts are going, all right, thanksgiving is about four weeks away. >> yeah. you know what's nice now, the temperatures getting cold enough in the high country. a lot of that snow is going to start sticking. we've got bigger storms on the right but not just yet. we're watching this one wind down outside. more snowfall other the sierra

novato. in fact, our high def doppler radar has been tracking the moisture. just north of watsonville looks like things are going to come to an end, but a lot of clouds are left behind. partly to mostly cloudy skies now if you're headed out the toor and cool temperatures, too. numbers running in the 40s and 50s if you're stepping outside. by the afsh, another cool day, although not going to be as windy. these temperatures unseasonably cool for this time of year, usually in the 60s and 70s. today will be well below the average. about 63 degrees in santa rosa. 64 in san jose. partly cloudy skies and cool 59 and breezy in the an fran. let's check out your kcbs traffic report with elizabeth. that accident is still there. we just checked in with chp northbound 101 approaching north access road. a car hit a rock. it was in the road and now it's sideways and is blocking one lane. we're not seeing any big dlas, though, near sfo. . also the bridge highway shut

down both directions this morning. it's obviously been pretty windy the past couple of days. they've got to do their usual sand removal whenever that happens. we'll let you know when they reopen lanes. in the meantime, let's talk mass transit. so far everything looks good. bart system wide no delays. caltrain and ace train one looking good out of the central valley. the pass is now slow. so, yeah, those brake lights have started coming out of tracy. from 205 all the way through the livermore valley and past vasco road and things improve out toward the dublin interchange. back to you guys. >> all right, liz, thanks. might be a long shot, but barry bonds wants the court to reconsider his reconviction. the jury found the former giants slugger guilty of obstruction during investigation into his alleged use of performance-enhancing judge. the 9th circuit upheld that conviction. bond now wants the court to assemble a special panel of 11 judges to rehear that case. there is some excitement in san francisco about a potential move back to the city by the

warriors. hundreds of fans and business leaders broke bread together yesterday at a luncheon. it seemed as if the team was already moving out of oakland and into the billion-dollar arena they hope to build on the waterfront, but it's not a done deal. while some are enthusiastic, others are saying not so fast. >> i really think this is going to be a fantastic opportunity. >> there's no question the basketball arena being proposed by the warriors is a trojan horse in a meg real estate entertainment deal that will overwhelm the southern waterfront. >> a co-owner says the arena will be privately funded and that the team has made a firm decision to move across the bay. in other headlines around the bay, fire at building in san francisco's mission district damaged three others. broke down at this house near 26th streets yesterday afternoon. nobody was hurt but several people were displaced. and san francisco supervisor scott weiner wants you to pay almost a quarter more for a can

of soda. it would be a new tax on every can or bottle of soft drinks sold in san francisco. weiner wants to use that money then to pay for health nutrition and activity programs for young people. weiner will introduce the legislation tonight. one year after superstorm sandy, many survivors are still trying to rebuild their homes and their lives. duncan reports from one of the hardest-hit communities in the new york city area. >> breezy point is lowly coming back from superstorm sandy one wall at a time. >> i'm looking, and i think we've come a long way. >> eileen long is building a new hoim. her old house was one of the 135 that burned to the ground when water triggered a massive electrical fire. >> fire and the hundred-mile winds that destroyed. >> sandy caused catastrophic def strags along the mid atlantic coast. at least 147 people were killed

and some 650,000 homes were damaged or destroyed. thanks to several volunteer organizations, her three children returned to their renovated home in staten island yesterday. >> thank you, everybody, who ever helped me. >> the storm's rising waters forced the family to escape to their attic. >> we're all up here. the water is so high up. >> they were evacuated by boat after 12 hours. >> i not wish nobody experience anything like this to stay with your three kids in the attic with no water, no lights, no warm clothes. >> as communities like staten island and breezy point continue to recover, it's obvious these tight-knit communities are determined to rebuild and replace what they've lost. duncan, cbs news breezy point. >> the storm caused an estimated $50 billion in damage. that makes it the second costliest weather disaster in u.s. history after hurricane katrina. well, tomorrow, the federal

government will let us know if the nation's seniors will be getting a raise. >> we're going to get a look at what to expect social security cost of living adjustment. cbs news joe has that and more details about social security all together. good morning, jill. >> good morning. >> so tell us what should seniors expect when the adjustment is finally announced. >> just a one-and-a-half percent bump, which would be the smallest increase in years. it would translate into an average monthly increase of just 17 bucks per participant. now, back a year ago, the increase was 1.7%. the year before that, 3.6%. now, this increase for next year takes effect on december 1st. it will be reflected in retiree's first payments they receive in january. >> well, why does it seem like seniors are hit so much harder than the current inflation rate? >> you know, cola, the cost of living adjustment, is based on

the consumer price index, and it measures the price changes for various categories so let's look back in the past year. food prices, they're up 1.4%. energy prices, well, they drop by a tenth of a percent, but, you know, seniors, many of whom live on fixed incomes spend more of their money on healthcare, and when we look at medical costs, they are up by 3.1% in the past year so the pressure is on the seniors' budget. >> well, a lot of folks wore roy about the solvency of social security, especially those about to dip into it in the next five or ten years. should we worry? >> i don't want anyone to worry. look, social security is not going broke. the trustees who oversee the program say the trust fund, that's the surplus we have, always had lots of workers putting into the system, that the trust fund will be depleted by 2033, but it's not like there's no money after that. at that point, we have incoming tax revenue, which will cover just about three quarters of the

benefits scheduled to be paid out through 2087. the only good news here is that there are absolute fixes that we could use to help the system. for example, congress could increase fica taxes. they could also raise the threshold on which current workers pay into social security. they could also reduce the benefits or maybe some combination of all of those things. the bottom line is we can solve the social security problems. it's unlike medicare, which is a much harder one, but an i'm more concerned about people who don't really use the social security to their benefit, and that's why got a great post up today about when you should file for social security. go to jillonmoney.com. >> great information, as always. okay. live for us in new york. thanks, jill. for the second time in weeks, a tesla has crashed and burst into flames. this happened in mexico. the driver of this model s was allegedly drunk when he drove through two walls and then hit a tree. he was able to get out before

the car went up in flames. three weeks ago, a tesla caught fire in washington state. that driver hit a piece of metal debris that punctured the battery pack. tesla owners we spoke to were not phased by these fiery crashes. >> they have shown over the crash testing and the ratings and these experiences that the car has -- has really helped, you know, the people involved stay safe. >> here's what tesla had to say about the crash in mexico. quote, the driver is appreciative of the safety and performance of the car and has asked if we can expedite delivery of his next model s. 5:44. coming up, high-tech treat. the new way you can give the gift of starbucks. plus google's mistierous barges. the top secret operation that started here and seems to be spregd. we got a moose on the loose. police said to be called in for crowd control in where else? colorado coming up. ,,,,,,,, [ male announcer ] some things are simply better at home.

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,,,, [ male announcer ] available at these fine retailers suburb.... so much so... th well, check it out. it's a moose on the loose, and it created skwiet a spectacle on denver suburb, so much so that police had to be called out. to be fair, the moose was minding his own business. when the word got out, people showed up to watch.

officer had to do some crowd control. the mooevens chully wandered back into the wild. you want to keep your distance from the moose, though, because -- >> they're looking for love. >> scombeshlgs they're a little mean. >> i got to tell you, the fall foliage, not too bad. >> let's get a check on the roads here, right? >> checking out the fall leaves. cute little guy. all right. let's go out live towards road and show you sensors on 101. better news now. northbound 101 at north access road took awhile to clear this wurngs but they did. all lanes are back open. it was obviously close to the airport little farther north. it's been a pretty windy couple days. sand piled up in the great highway like it often does, and it remains closed northbound and southbound this morning between sloped and skyline so head's up in san francisco. a storm also packing punch up in the sierra. grab your chains this morning. interstate 80 and highway 88. we just checked in with chp,

though, forcing no chain requirements yet on highway 50, just on internate 8508. here's live look at the bay bridge. toll plaza so far no big problems coming into san francisco on the east bay cleerg all the lanes, which sometimes at this time of the morning tend to start to stack up. an oakland commute, kcbs traffic, everything looks good on northbound 880 heading up towards downtown oakland. that is your latest traffic. for more on your tuesday forecast, here. high def doppler radar track couple rain drops, most in the santa cruz mountains right now. take a look for yourself. you can see for the rest of bay area, it is quiet now, but moisture continues to work its way into parts of south bay. the santa cruz mountains have seen almost a half an inch of rain fall from that system sliding on through now. that will be likely settling down. if you're stepping outside now, cool temperatures in the 40s and 50s. this amp not as windy but going to stay cool. highs only in the mid 50s toward the coastline. 50s, maybe low 60s inside the bay and only mid 60s warmer

spots inland. low pressure slow to move on out of town. that has brought with it that very cold air. the temperatures going to be unseasonably cool once again. high pressure off the coastline will start to slide in. that is going to warm up the temperatures. around the state, you've got 0s expected in central valley. high country, seen a lot of snow up there. temperatures going to be cool up there, as well. about 41 degrees in lake tahoe. 50s and 60s around the bay today for highs and cool and a little breezy toward coastline. the temperatures are going to start to warm up as high pressure builds in looking like a very nice halloween with temperatures actually mt. mid 70s inland, then cool down just a bit as we head through the weekend. all right. time for your kpix 5 for mission san jose elementary school in fremont. starting out the day, those temperatures are going to be cool in the mid 50s, and cloudy start to the day. by lunchtime recess, keep that jacket with you. it is going to stay cool all day long only in the upper 50s. by the time you get out, maybe a smid general of sunshine and temperatures in the low 60s.

go to kpix.com forward slash cool cast. we'd love to put that on the air for you. >> the great karno could deliver sunshine. >> it's going to be back for the trick or treaters. >> okay. he said it right here. >> all right. thanks. well, investors are watching shares of achl this morning after the closing bell yesterday, apple said its profits fell in its latest quarter. the company says its net income totalled 7-and-a-half billion, enough to beat wall street expectations, but it's down from 8.2 billion at this same time last year. over apple, a small gain in sales. 4% thanks to the popularity of the iphone. 5:51 now. turns out that floating barge on the bay is actually a marketing center for google glass. kpix 5 has discovered there are plans now to move the barge from treasure island to san francisco, but the company does not have the required permits for the barge. to get the permit from the bacon

ver vags and development commission, google has to prove what needs to be done on water can't be done on land. >> we shouldn't use the bay as a lost opportunity for that which can be done on land because the bay is special, and we need to ensure that whatever this permit is -- is applied for actually fits into what the bay should be used for. >> unless google plans to finish construction and then leave the bay all together, it will still have to get a permit. treating a friend to starbucks is now as easy as sending a simple tweet. the coffee giant launched a tweet a coffee program. it works with your starbucks account through the company's web site. all you have to do is enter the twitter handle of your friend, and starbucks will tweet them a link for a $5 gift card. >> come on, frank, get on twitter. >> all right. >> time now 5:52. october ushers in the start of the flu shn. why doctors are urging parents to get their otherwise healthy

children vaccinated. plus. this is by far the closest to death i've ever been. >> well, you know the saying lightening doesn't strike in the same place twice, but one texas man will have to disagree with that after his very frightening experience coming up next. aren't you sweet! licensed phone-ups available 24/7. all across america, people are using lysol in hundreds of ways. what's christine's story?

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rning: the a message for parents in your health watch this morning. the cdc says get your kids vaccinated for the flu even if they're healthy. a new report found nearly half of kids who died from the flu had no underlying medical conditions. about 830 children died from the virus between 2004 and 2012. the cdc says children should start getting yearly flu shots at six months old. a rodeo in texas was struck

by license twice. >> attending an event on saturday called red necks with paychecks where drivers go off roading across large camp sites, severe weather then started pouring down. wagner and his two friends searched for cover under a tree, and that's when the lightening struck. >> what i remember is a loud boom, and it dropped me to my knees. right when i was going to my niece, it hit me again. right when i got hit, it was two big old flashes, and sparks went everywhere. >> a nurse who was nearby kept wagner calm until he was taken by ambulance. he initially lost feeling in his right leg and left arm, but now all the sensation to those limbs have returned. lucky guy. weir learning more details about the sheriff's deputy who shot and killed a 13-year-old boy a week ago. we'll bring you the latest in the live report. three different planes, 12 hours later passengers finally took off. i'm mark kelly live at oakland international. what the airline is saying about

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santa rosa is preparing for what is expected to be the largest protest yet following the killing of a 13-year-old boy by a sheriff's deputy. >> this is a horrible tragedy for all involved. people are so incense teftive. 12 hours in the airport. >> it took three planes and more than 12 hours before these passengers headed from oakland to utah even took off. >> i feel like people would stop drinking sugary sodas if they were 25 cents extra. >> the sugary beverage battle is moving to san francisco. >> we are mindful that some of these disclosures have caused tension in our. white house officials will meet with union delegates later today after new riflations of the air