the collision, formed after three guards allegedly beat inmate michael tyree to death last year. laurie smith is in charge of the county jails. the deputy sheriff association of santa clara county is a cuesing smith of misconduct during a private meeting she held with ledoris cordell. according to cordell the sheriff shared documents with the county personnel association and if the commission called for change in leadership it would hurt smith's re-election battle. we reached out to cordell who confirmed smith called for a private meeting in palo alto march 3, showed her text messages from deputies and talked about her re-election. in a statement from roger winslow, vice president of the deputy sheriffs' association. he says -- >> reporter: the association is

now calling for the county to investigate sheriff smith's alleged misconduct at that meeting. these new accusations come just two days after the blue ribbon commission recommended a change of leadership at the county jail. >> there is a failure in leadership. a, we need new leadership. b, we need better oversight. c, i think we need federal oversight. >> the commission voted to send 120 recommendations regarding the jails to the santa clara county supervisors. we reached out to sheriff laurie smith who issued this response -- >> reporter: sheriff smith also said that "she would have hoped the union leadership instead of mudslinging would have focused on offering new idea for improving jail operations." reporting live in san jose, marianne favro, nbc bay area

news. >> thank you, they're in the high profile cell phone fight between the government and apple may be over. in the past two hours we learned the u.s. department of justice is expected to withdraw a court order requiring the tech giant to help unlock a terrorist iphone. in a statement the government said it may have found a way to hack the phone used by the san bernardino shooter, and the fbi has been trying to get apple to unlock the iphone for a few months. with no luck and a lot of flak from the tech community. no confirmation on who is helping the fbi get into the phone. there has been speculation centered around an israeli mobile forensics firm. scary moments in washington, d.c. today. the white house and the capitol building were locked down because of a gunman. it is now just after 8:00 p.m. in washington. this is a live look now. all clear, but just a few hours ago, it was a different story. police flooded the area when they say a man entered the capital visitors center, pulled out a gun, pointed it at an officer. that's when the officer

responded by shooting that man. no one else was hurt. investigators say the man had previous run-ins with capitol hill police and has a history of mental health issues. there are more developments across the sea in brussels. new video now of the mysterious man in the white jacket. until now, belgian police revealed only a still photo of him. today, they showed this. this is airport surveillance video of the man who is also wearing glasses and that hat there. he is seen walking next to the suicide bombers, just before last tuesday's deadly bombings at an airport and a subway train. also today, new word that, more than four people, excuse me, four people that were wounded in the attacks died from their injuries. the death toll is now at 35. while making changes, a long time faculty member at cal will serve as scam pcampus lead for misconduct cases. a sore spot for students and faculty who said the university has done a horrible job so far.

nbc bay area's reporter joins is live from u.c. berkeley. a new strategy. how is it being taken? >> reporter: you know what, carla hess dean of social sciences here at cal essentially the point person when it comes to sexual misconduct cases here on campus. in speaking to university officials, it seems like even that role is still being defined. carla hess has a big task ahead of her at uc berkeley. specifically regaining the trust of the student body. >> it is gross. it really is. it's just like there is so much stuff going around. >> there is a lot of promises made. just a question of whether or not they're going to follow up. >> u.c. berkeley chancellor announced to day that hess, faculty member for 20 years, current dean of social sciences will serve as the interim lead to address cases of sexual misconduct at the university. with critics accusing the university of slow responses to cases involving high-profile

professors, assistant basketball coach and campus fraternities. hess will have to evaluate what went wrong and huh to fikx it. >> she comes out of history. >> janet gilmore with uc berkeley explaining the decision to choose hess for the role. >> she has done research on societal issues, women in history, just, an ideal fit. >> outside of today's announce the university will add counselors and advocates and investigators with office of prevention for harassment and discrimination which is in charge of handling cases of sexual misconduct. >> the next step is for us to implement. for students to judge based on what they see in the coming week and months. >> those changes depend on how the school's budget looks next year. hoping to move on this as soon as possible. have the changes next fall. guys? >> okay. thank you very much. pete. >> new details in the case of the so-called bearded bandit.

kenneth ellis accused of robbing 11 northern california bangs in six weeks. a federal complaint filed today says the total haul was $34,000. feds claim after last week's arrest, ellis confessed to each bank charge, admitting he used the stolen money to pay bills. he bought the clothe he's wore at goodwill. one teller in the documents described him as polite saying he even told her to have a nice day. >> floating drug bust. six tons of cocaine seized on the open water. new video of the coast guard released kept $2 million of cocaine off the streets. this coast guard team in alameda made the bust. not the largest in history? what they call a significant drug bust using sophisticated means. off the coast of panama march 3. >> profits of ruthless organizations who will really

stop at nothing. >> the commander says that is spending money to make advanced vehicles to smuggle drugs including submarines like this. >> the largest terminal at oakland closed all day due to labor dispute. the port's largest terminal, oakland international container terminal, shut down before 8:00 this morning. port of oakland says it is handling the issue and believes work will start up again later tonight. neither the port nor the union will say exactly what the issue is. has led to huge lines of trucks crowding the port. other four terminals remain open. >> $1 million delay this evening. owls have brought the construction of a new school in the east bay to a stand still. nbc bay area's lisa kirchner joins us. owls the story. what are the details here? >> well, raj, this is frustrating for people living here. and school officials discovered owls and her eggs nestled inside this palm tree here behind me. in the distance. but because of a federal law

construction here is on hold until those baby owls hatch. and fly away. they rarely make an appearance. >> when i get an opportunity to see one. i stop and look. >> see them in the evening. >> reporter: owls similar to this are making their presence known at a martinez construction site. >> is it in a palm tree? >> 45'tall canary island palm tree. observed four eggs. >> bruce leslie with martinez school district. >> yes it has bane nightmare. created a few extra gray hairs in my head. >> reporter: he oversees the school campus. he says the district struggled to find suitable location. then once they found one here on suzanna street in martinez. >> fund there was contaminated soil. lead paint from the original high school. >> reporter: then they found the owls. >> it is a federal law, migratory raptors that you can't disturb the nest. have to wait until there is no babies in there. then you can, take the nest

down. >> we thought we would be able to actually construct the school midyear this year. now delayed. not going to happen this year. >> reporter: all the delays haven't been cheap. >> a lot more money. spent an dla eextra $1 million because of delays. >> $1 million. wow, that is a conundrum. when red tape doesn't make sense. >> back here live, the school district even had to hire a biologist to go up in the tree and inspect the owls. they say they hope to take another look sometime this week. to get an update on those eggs. reporting live from martinez tonight. elyce kirchner, bay area news. >> lot of people watching that. thank you, elyce. looking at video of small hail that came down in vallejo. i heard from a friend, there is hail in livermore and pleasan n

pleasanton. >> the cell moving to the south. very hit and miss throughout the bay area. it's primarily through freemont. seeing moderate rain. colder air aloft. will help produce isolated areas of hail. now approaching santa clara. heavy rainfall through milpitas. wet roadways, 880, 680, watch for reduced visibility. scattered hail in the forecast. on top of the rainfall we are seeing right now. also been super blustery, cold and windy. coming out of the north, 10 to 25 miles per hour. we're tracking the wind. the rain chance. and also the cold temperatures and will have details on this changing weather in a bout ten minutes. okay, jeff, thank you. also following breaking news right now on the peninsula. a brushfire near the menlo park pallo l pallo -- palo alto.

and near the facebook headquarters. and university avenue and bay front expressway. jeff was mentioning the strong wind. making it difficult for firefighters. our live camera now. see in the distance that wind. it is blowing really from palo alto into east palo alto. check with jeff on the direction. university avenue is shut down at bay front expressway in both directions. that's obviously a traffic hot spot right there. especially now at rush hour. menlo park police. just tweeting for everyone to avoid the area. once again a brushfire. menlo park/palo alto border. next cup hououple hours could b rough. we'll stay on the story throughout the newscast. ♪ >> i'm michelle roberts along the peninsula, soon commuters may have another option to get to work up in the city. coming up here, a possible new ferry service that may begin this summer. >> the latest silicon valley destination or another sign of a

tech bubble. coming up, a hotel tries to answer the question -- what do you get when you go to a six star? this mht he the mmuten

the ninsu... arivatferrycompy w this might help the commute on the peninsula. a private ferry company wants to take the operation public. redwood, san francisco and the east bay. nbc bay area's michelle roberts

joins us on the peninsula in redwood city with details. michelle, lot of people interested. how could this work? >> absolutely. well the private company has been up and running six months. currently similar to google bus. tech companies pay to have their employees come and go. they operate right here out of redwood city at this port. now the company that is called prop sf. they want to go public. if approved by the state, the ferry service would operate during peak commute hours. the only public ferry service along the peninsula traveling from redwood to san francisco, san francisco to emoryville and berkeley. companies submitted the application to the california public utility commission back in august. and prop is expecting a decision from the state in the next month or so. as we know, 101 can be a mess during rush hour. many commuters welcome a faster commute. >> work on the ferry get to my office, right on the water in redwood city. make my life ten times more easy that in is right now. >> yeah, think that would be awesome for commuters. nice way to travel.

and, not have to worry about traffic. and, be out in the sun. sounds really cool. >> water emergency transportation authority, wta operates the ferry out of oakland says it does not object to the current plan. but in a document to the cpuc, the agency does raise concerns over safety and possibility that the future routes may conflict with the current publicly subsidized water routes. if approved by the stay, the company hopes to have the service up and running this summer. just to give you a little perspective. $15 one way trip here from redwood to the city. it will take about 35 minutes or so. reporting live in redwood city. michelle roberts. nbc bay area news. >> thank you, michelle. well, expect to hear the term six-star hotel. international city like dubai. in the bay area, well that's what a new hotel wants you to thing. business and tech reporter scott budman. got a tour. what do you get at a six star you don't get in five star? >> jessica, seems like an extra

star could be called part of what i would call hotel inflation. a new hotel in palo alto wants to give something exclusive to the well-heeled. take you inside the silicon valley latest move towards very high-end luxury. as if there aren't already enough signs of a bubble here in silicon valley. the comfortable location for our guests. palo alto opened what it calls a six-star hotel. the clement, 23 rooms, complete with 65 inch tv's, tv's embedded in your mirror, a rooftop pool, and kitsch in you can walk through. >> like a bed and breakfast on steroid. >> the owner clement chen admits his hotel at $800 a night is not for everyone. >> i will be frank, this is a high price point. there aren't people -- people are not on the internet saying, i am looking for an $800 a night room in palo alto, not the

reality. >> reporter: with stanford, tech companies, and venture capital hub sand hill road close, clement expects to do brisk business. >> it really is the-- the guest who is looking for calm and security. we offer a very i think private experience. >> open for business. tonight the soft opening for the hotel. those who run it say the $800 night price is likely to go up it our economy stays strong. pretty soon expect $1,000 a night rooms. back to you guys. >> all right. thank you very much. >> could we groupon them. >> is there a groupon. maybe share one. >> $300 each. we could all do it, right. >> fun time. >> take it away, jeff. >> rainfall through the bay area. scattered air, reports of hail throughout tonight. doppler radar now. hit and miss activity. santa rosa.

the activity in contra costa. and moving into san jose. show you some of the video of the hail that was reported earlier today. this video coming into us from venetia. very small. continued throughout portions and down through pleasanton and liver more and now let's go ahead and show you where that current cell is located. it is kind of reevolving. but heavier areas of rainfall across milpitas. 680. 880 corridor. santa clara. san jose. watch out for some wet roadways tonight. once again some isolated hail that could be possible in the next 45 minutes. also want to take you to the peninsula. we had a report of the fire near the facebook headquarters. actually, shower now moving in there. hopefully that will help the firefighters out. wind are gusty northwest at 25. of course you can get more updates on this fire that we are reporting on at nbc bay area.com. outside of sky camera. we have blue sky.

not seeing shower activity. put this at 59. east bay, chilly, 54. north bay currently at 55. so besides the fact that it has been cold today. we are also tracking for tomorrow morning. some even chillier temperatures. going down as low as 44. east bay. 41. across the north bay beginning at 40 degrees. what's been producing this blustery and also chilly weather throughout the bay area. this trough of low pressure currently sitting across the west. it will hang out a little bit more for tomorrow. but again that's the main reason why it felt like winter here. from the north bay done to the south bay. that's what i want to focus in on next. the wind here across the region. see still tonight. wind at 23. santa rosa. 29, san francisco. 22, redwood city. by the morning hours. begin to see that wind relax. so, not as windy for tomorrow. but i still think it is going to be breezy. what happens beyond this. see this area of high pressure build in.

that will give us much warmer weather as you will see on the scrolling seven-day forecast. bottom of the screen. 70s return. definitely by thursday, friday, and also on saturday. so let's take you through the microclimate forecast. head through tomorrow. subtle difference in the temperatures. overall, still need the jacket. head throughout tuesday. put us at 66, san jose. cupertino. 65. peninsula. mid 60s in palo alto. san francisco, upper 50s, 60s. and trivally. hold on to a slight chance of scattered shower in napa. santa rosa. mill valley dry. 64. east bay. 65. and drop or two in pleasanton and livermore. how does the weekend look as we push ahead toward this coming friday, saturday, sunday? it will get warmer as we mentioned. north bay to 72 friday. slightly cooler saturday, sunday. overall once we get over today's forecast the we are setting ourselves up with really nice

weather. raj, jess? >> thank you, jeff. still ahead. a mixup. the trader joe's recall. are you a.. fovirtu

the w ocus rifheads was just sp. and e revws arglowi. we have me exusi ready for virtual reality. the oculus rift was shipped. we have exclusive video. new video posted on our twitter feed. jeff was mentioning. hail and rain here. i-80. snow continues to fall. the chains have come out. the ski sea on isn't over yet. we're back in a moment. in sacmen, 15 the w 10,as t go

15 is the new 10. the governor brown lead the new push to raise minimum wage. $15 an hour. that's the target. already this year minimum wage in california has jumped from $9 to $10 an hour. labor unions say it is not a living wage. unions and lawmakers work with the governor on today's plan which far surpasses the federal minimum wage. governor brown says congress doesn't get it. >> it is so out to lunch that -- $15. they can't get to $7.50. i am hoping what happens in california will not stay in

california but spread across the country. >> $15 an hour. what he wants. union leaders are gathering signatures for a similar bill for the november ballot. if the state legislature approves governor brown's bill, they'll withdraw their petitions. >> trader joe's issuing a recall on chocolate. this time because of what isn't included on the label. the recall impacts chocolate orange and chocolate raspberry sticks. the store spokesperson says milk is one of the ingredients included but isn't listed on the label. chocolates pulled from the shelves. if you have them return them to the store. you will get a full refund. most exciting part of our day. a new addition from our nbc bay area family. you will get to see her. and she is adorable. ==takvo== now gal aion.==an==

tonight at 6:00. first outrage now. legal action. bay area student says she was sexually assaulted by a classmate at school. now the victim's family says the school knew the suspect was a predator before the attack. the family speaks exclusively with us about the plans to sue the district and what they say

all students need to know. coming up on our 6:00 newscast. as you might have noticed friend, 5:00 p.m. co-anchor has been missing for a few weeks. for good reason. she's been busy. >> very busy. janelle has been busy. haley. 6 pound, 12 ounces, 19 inches. janelle's baby. named haley. after a city in sun valley, idaho. and pronounced, the sea and strength. loves the ocean. janelle the family doing great. very happy. wants to say thankers to viewers, well wishes, reading your posts in between feedings, diaper changes. i tacked to janelle today -- "i'm not getting a lot of sleep." yes, welcome to motherhood. that's how it will be forever. >> haley can start interning at 2030. doors are open for you.

>> don't think we will be here. congratulations, janelle we miss you. and "nightly news" is next. >> good night. break news tonight. bannic at the capitol. police open fire on a man with a gun. chaos has thousands scramble to safety. it's not the first time this suspect has triggered a major scare. stunning setback. the only person charged in the brussels bombings is set free amid a new plea for help about the mysterious man and wife. playground massacre. a horrific rising toll as the taliban targets children celebrating easter. autism movie up roar. under fire, robert de niro pulls an anti-vaccine doc from his famed film festival. a new firestorm over a widely debunked link. and keyless car dangers. deadly mistakes happening at homes across america and one mother's chilling warning how it could