right now at 5:00, the search for a gunman that shot and killed al pizza delivery driver sitting in his car. we're live this morning on where the investigation stands and a

heartbreaking twist involving the victim's mother. the california lieutenant governor wants to join colorado in barring donald trump from the ballot. we will have the latest. also, mounting deaths in gaza gives new urgency to the cease-fire talks. this is "today in the bay". good morning. thanks for joining us. it's 5:00 right now. i am laura garcia. i am marcus washington. we will get to mike for the commute. let's get to cinthia pimentel. >> no rain. we typically see the cooler temperatures. we will start with a check outside. let's start with the 40s in the south bay, and we are going to do 50s around the immediate bay. we are watching the storm system

making its way down into the southern california. nothing compared to what we had yesterday morning. while the rest of us are seeing dense fog and patchy clouds at times, that will be the story of the clouds hanging around with us. don't put away the rain gear just yet. we will stay dry during the holiday week but already following the next storm. we had a crash up until a few minutes ago westbound 580 up towards isabelle. that's it in the shot right there. you can see all the lights but they die out for visibility, because there's pretty dense fog out here. 205, typical slowing out of the altamont pass. we will watch that area. lighter volume of traffic does result in a smooth flow of traffic right now, but it was lighter yesterday and we had the

rain complicating things. today there's less rain but still dampness. we need the sunlight to dry some of the roadways, so there may be slicker conditions. we will check and get more updates to let folks know if there are any closures, which there are not. the slick conditions could be a factor as folks drive through the area across the golden gate bridge. in the east bay, a good flow of traffic. and the bay bridge toll plaza is moving smoothly. back to you. developing now, a search for a gunman that shot and killed al pizza delivery driver in the east bay. the victim was simply sitting in his car. >> yeah, bob redell is live for us outside the oakley police

department. what are they saying about the investigation? >> reporter: good morning. the chief of the investigation tells us they are making this case their top priority and are asking the public for help to solve the crime. somebody shot the pizza delivery man as he sat in front of his family's home. the driver was 24 years old and was on break when just before 5:00 last night another car pulled up alongside him and a passenger in that car shot him at close range multiple times before driving off. the man's mother told police she saw it happen. >> it's very sad for us to have to investigate this but we will do our best to figure this one out. >> reporter: the dominoes where the man worked closed early last night and refunded customers

that had pending orders, and we reached out to the dominoes but have not heard back. reporting outside the oakley police department, bob redell for today in the bay. california's lieutenant governor wants our state to join colorado in barring donald trump from any presidential ballot. >> scott mcgrew joins us from the news room. there are more than a dozen states where courts are considering this in one way or another. >> nobody has gotten as far as colorado, laura, where the state supreme court on tuesday said trump should not be on the ballot because in the court's ruling the capitol attack and the high court in colorado said it was a insurrection. those that lead inurrections are barred from becoming

officers. california's lieutenant governor saying california must stand on the right side of history. the constitution is clear, you must be 35 and not be an insurrectionists. as laura pointed out, there are as many other states considering this question, and republicans said he could disqualify himself under the 14th amendment. colorado stayed its decision so the u.s. supreme court could review it. one of the key questions, does the 14th amendment which prohibits insurrectionists from becoming officers of the united states includes the president. the presidency is not one of the offices. >> clearly the constitution says you are not an officer of the

united states as presidency, and there's no ambiguity or gap. that's a plain reading, and my 8-year-old could tell you that. >> there is ambiguity, and that's why the highest court will take that up. here's a live look from southern israel towards the gaza border. gaza health leaders saying they confirmed the number of deaths in the war with israel now crossed the 20,000 mark, and the number is believed to be higher, and this is due to victims trapped in that rubble. israel and hamas leaders are still in talks to reach another cease-fire agreement for the release of hostages. the white house says minimizing civilian casualties and ending

the war is one of the top priorities in 2024. >> we hear many countries urging the end to the conflict, which we would all like to see. i hear virtually nobody saying, demanding of hamas that it stop hiding behind civilians and lay down its arms and surrender. >> overnight the security council failed to agree on a solution. and then state fish and wildlife reassessed the delayed crab season, and it will stretch from mendocino up the north

coast, and south of there will stay closed to concerns about migrating humpback whales becoming entangled. the next assessment takes place january 11th. christmas in the mark, and it's a beautiful sight as we start our thursday. >> you had to think about it. >> yeah, what day is it again? thursday. >> yeah. >> we have better weather as we get ready for the holiday weekend. let's take a look outside for your microclimate forecast, we are, however, tracking some of the lingering clouds and patchy fog as we look out towards the tri-valley, the east bay parts of the delta, and otherwise we are starting in the 40s and 50s. it's cooler behind the cold front and throughout the day we should see more sunshine as we go into the afternoon. that storm is exiting south, so if you are headed possibly through the central valley towards l.a., that's where it's going to go next. you have been warned to plan

ahead and continue to check back on the forecast, otherwise here in the bay area, we will stay nice and dry and 30s and the 40s to start the next couple of days, and we are tracking the next rainmaker and that's on the way for the middle half of next week. i will get you all the details in the microclimate forecast, but for now mike is looking at the cheapest gas prices. >> we will get love, the top number, the lowest price, union city 3.88 at the 7-eleven on whiple road. and then then mel -- i am so used to highlighting san josé. 3.89 in milpitas, and then in mill valley, 3.99. things are moving smoothly around most of the bay, and still damp on the roadways.

no slowing for contra costa county or the north bay. there's an easy drive there. the slick roadways will continue until the roadways get dried out, and it looks like the bay bridge has no problems, and vasco at the minimum, 17 minutes. back to you. >> thank you. we will talk about strengthening children's online privacy. the new proposal to limit companies from making money selling children's data. and if you still have not done your holiday shopping, shame on you -- no, just kidding. i'm in that boat with you. when we come back, we will have tips o how you cnan

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good thursday morning. it's 5:13. it's the first day of winter. morgan hill, good morning to you. we are starting off with chilly 40s and only going to top out in the 60s today as we see cloud cover hang around as the storms make their way this week down south. we will look at our weekend forecast, coming up. last day of school for some high schools and elementary schools. my kids have finals today, so kids got one more day to go. oakland still has traffic, but there are fewer cars on the road. we will show you more on that coming up. after days and days of new

records on the dow, a turn around. normally if we saw these red numbers we would think that's money coming off the table, people cashing in on all the money they made this week. this is more, though, a complicated situation where put options came due which is far too complicated and boring to talk about over our first cup of coffee today, but basically investors needed to get out of a position quickly, and that dragged the market lower but we are seeing evidence of a recovery this morning. the trade commission looking at protection for children. the brand-new head of the ftc wants to go further and say kids must be able to play and learn online without being endlessly

tracked by companies looking to hoard their personal data. companies will need to get verifiable permission for children under 13, and it would restrict the ability for an app to nudge a child with a notification to get them to return to the app, and it would restrict how so-called ed tech software gathered information about children in school. and then thinking about increasing tariffs on chinese green energy. bird scooter filed for bankruptcy. a company once valued at $2 billion. yes, a scooter company worth $2 billion.

i checked by bird app -- yes, i have it, and it's still working and is available and that is true sometimes in bankruptcy, and for now you can still scoot around. >> it's reflective of less office workers, and people jumping on them -- >> yeah, nobody is showing up at the train station to grab one to go to the office because they are at home. >> fascinating to see, you know, just the big changes. >> yeah. i have not used my app since i left san josé. >> you are part of the bankruptcy problem. >> hey. >> it's all -- thanks, marcus. >> sorry. 5:17 for you right now. for a lot of people during the holidays, it's harder to stay on budget, but experts say it doesn't have to be that way. americans on average are

expected to spend $1,000 this holiday season, slightly more than last year. we spoke with one bay area financial adviser that says planning ahead is the key here, and that includes setting a spending limit and try to look for apps or a plan that can help keep track what you have going on, and paying in cash may actually help you a lot more in the long run. not only do you not know when you hit that limit, but your spending won't send you into debt. if you do use a credit card keep track of your payments. that's critical. >> make sure you are on top of the total you racked up. the challenge this season was the interest rate of credit cards. the average interest rate is over 21% now, and that can add quite a bit to the cost of the purchases if you are not paying that credit card off every month. >> also, if you plan to donate

to a charity this year, look for the amount required for the tax write off, and you can use a donor advised fund, and you can transfer assets into a fund that goes straight into a charity. no matter how you are donating it's important you make sure the charity group is legitimate. turning ahead to christmas. do you have the milk and cookies ready just yet? >> you will be amazed how many people will come christmas morning. the dairy farmers of america did the math on how much milk is expected to drink this holiday, and he will be hydrated, drinking just under 7 million gallons of milk if he drinks every drop, and it will fill an estimated 10 olympic-sized

swimming pools, and we hear from the north pole, santa appreciated it. >> but don't drink too much, because what goes in -- >> and let's hope he is not lactose intolerant. >> some people might want to warm up their milk this morning as you get ready for work and school. there's a lot going on around the bay area. it's the first day of winter, and we made it to the winter solstice, and that will bring about the shortest day of the year. after this point we will start to get a little more sunshine around the bay area, around the northern hemisphere because the southern hemisphere is starting their summer. sunrise today just after 7:21, and that will be around 4:50. you have around 9 1/2 hours to

get everything done. then we will get into clearer conditions around the bay area as we see the storm system make its exit down through the central valley, down into l.a., bringing a lot of moisture in from the sub tropics. that will be a messy commute if you plan to take your holiday down south. we are looking at a few spotty drizzles up towards the north bay, and we are going to be going for the 60s, upper 60s up in the north bay and over down in the south bay, but we will be seeing a little mix of sun and clouds. don't worry, we have calmer weather ahead for our holiday week. i am seeing a few spotty showers up towards the north coast for the start of the weekend. our next storm system looks to be staying to the pacific northwest giving everybody a little more snow showers, and while we will see the clouds return monday and tuesday of next week. christmas eve and christmas day stays dry. the next rainmaker, the models

are in agreement that it will come about on wednesday. this is going to be a colder system that will drop a little more snow in tahoe compared to what we saw to this storm system. right now the models are showing half a foot to a little over a foot and the storms could possibly keep coming, and possibly a repeat of last year's new year's eve as the models for next saturday and sunday, already the end of the year. we are going to stick with the forecast in san francisco, chilly and cloudy but the temperatures should be in the upper 50s and 60s and we will stay dry but cool down in the mornings. mike, what is going on with the drive? >> a much drier condition, and san mateo bridge, not even a dam roadway here. on the hayward side westbound, your commute is smooth. dumbarton bridge, too. north of the airport, activity may be cleared over the next

couple of minutes. the south bay continues to be clear in the morning commute. 580 moving smoothly for the tri-valley. the golden gate bridge, the overnight crew cleared just north of the tunnel. back to you. >> thank you. next on "today in the bay," "nbc bay area responds." >> millions of families might lose money on new year's eve, but can you protect your cash if you take action now.

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each payday millions of workers wisely put tax-free money into flexible health spending accounts, but the employee benefit research institute found that half of the workers forfeit a sizeable chunk of the money. >> somewhere in the neighborhood about $370. >> each, and that's real money. nationally families give up $3 billion a year in the fsas. some say lose it or use it by december 31st, period. some offer latitude. >> some have a grace period where you have until march or so to spend down your balance, some have a rollover feature. >> that is nice but it may not

protect your full balance, so check your account now and take action now. look for your account's deadline, and ask hr what happens on december 31st. lots of everyday items like bandages and pain relievers and covid-19 test kids are fsa eligible. look at the price tag, and many print it on the sticker. easy. good luck spending every penny. >> thanks, chris. next, the top stories we are following today including a deadly shooting in the east bay. a pizza delivery driver shot and killed as he sat in his car. the heartbreaking details we are learning from police. tsa projects today to be one of the busiest days for year end and how they travel. we will show you

holiday travel rush is on. we're live at sfo where weather this week already had a big impact. what you need to know before heading to your destination. plus, an oakland man is released in the biggest ever prisoner swap with venezuela. we will show you why he was being held and who was released in return. also, concerned residents

gather for an emotional town hall. the backlash sparking new push for accountability in vallejo. this is "today in the bay." good thursday morning. i am marcus washington. >> i am laura garcia. it's 5:30 right now. let's start out with a look at the forecast. cinthia pimentel is in for kari today. it's drier than yesterday. >> oh, yes, yesterday was sloppy, and today is calm for those hitting the road bright and early. you need a jacket because we are starting off with chilly 40s in santa clara valley. 53 in oakland, and low 50s in santa rosa. we are also looking at dense fog hanging around and a few areas of drizzle up towards the sonoma county coastline and up towards lake county. throughout the day we will dry out and go through the holiday weekend, and it will be chilly to start our christmas eve and

christmas day as we get ready for the next round of rain next week. i will track that. mike spotted something on the bay bridge. what is going on? >> yeah, thank you for pointing out the flashing lights. things are now cleared over the last five minutes. everything eastbound, the headlights backed up for a bit on the decline, and i think it's the overnight crew picking up the last of the cones. we don't see any disturbances across the bay bridge or dumbarton or carquinez bridges. we do have fog for the altamont pass and a build on 580. it's high gear for airports everywhere, and that includes sfo where the weather this week led to long delays in some cases.

ginger, i know the travelers will be relieved to see the storms have passed for now. >> reporter: that's right. you can already see it's calmer today than it was yesterday. although, marcus, we talk about this for several days now -- we talked about this, but different agencies have different dates when they project their year-end travel, and tsa says today will be the busiest nationwide, and aaa says their busiest time runs through new year's. it has gotten a little busier at the airport. we will give you a look at what it looks like at sfo. as i mentioned, calmer than yesterday versus other parts of the year, but the agency tsa

reporting they will screen more than 2.5 million passengers on their busiest days, which includes friday, december 29th, and monday january 1st in the new year. that is a bump from last year's numbers. sfo is not the only place seeing early-morning action. san josé's mineta airport whose peak travel started a week ago, they are making the travel experience festive with live musical performances at the airport, and hopefully passengers will make their times on time with all the festive perks at the airport. and then each east bay airport has perks and tips for flying out, but they all do have the similar pieces of advice. if you are traveling this

holiday season, make early reservations for parking if needed, and arrive with extra time, and we spoke about the pilot program when tsa gave us a look at how it all works and that is being accepted at sfo and in southern california and down in l.a. if you are hitting the roads, check out the best times to drive according to aaa. that includes before 10:00 a.m. on saturday on the 23rd, and then the worst time to avoid is in the middle of the day next week. we will be here throughout the

morning to give you guys a look at if it is getting a little bit busier, i know we were here at the same time yesterday and it looks a little calmer, but we will see how the morning plays out, marcus. >> yeah, if you are planning on traveling this time of year, you already know, look, plan ahead. thanks, ginger. new developments this morning for one bay area man held in a venezuelan prison for two months. he will be home in time for christmas thanks to a prisoner swap. >> his family said he never did anything wrong. kris sanchez is here, and why was he arrested in the first place? >> there's a little confliction here. he was a frequent visitor to venezuela where he was arrested two months ago, and he is a mortgage loan officer here, and no formal charges were filed against him being a money

launderer, and he was told to raise a $20,000 ransom to try and get home, but in the end he was released when the u.s. brokered the largest prisoner swap ever with venezuela. wright was one of ten americans released in exchange for the ally of the venezuelan president. his first stop was in texas. >> it is nice to see you, i am grateful. >> he says he will say more about his captivity in the coming days but eluded to his experience as a kidnapping and extortion. at one point his mother told the associated press that he was arrested initially in a setup while in the park with a woman that had drugs on her, and he

was never charged for that. he says this is a warning for all travelers. if the u.s. puts out a level 4 warning against visiting a country, you should really he had heed the advice because it's risky. >> thank you for following all that. this morning, the search is on for a person that shot and killed a pizza delivery victim, a 24-year-old victim parked outside his family's home and that's when a car pulled up and the passenger shooter got out of the car and fired multiple time. the victim's mother saw it happen. bob redell will join us for an update at the top of the hour. the department hosted a town

hall focused on a controversial police shooting that happened november 20th. police say officers responded to an armed robbery were pursuing two suspects, and the suspect that was shot was a minor. state prosecutors this week filed no charges will be filed against the officer that killed monta rosa. that officer claimed he mistook a hammer in his sweatshirt for a gun. some argue the officer must still be held accountable. >> the tragic death of those two gentlemen, i just believe that they should use those as examples to be better. >> the family issued its own

statement saying, in part, quote, our family is disappointing in the ag's decision to not press charges against jarrett tonn. our fight does not end with his decision. later this morning, the group moms for housing among the organizers rallying for tenants facing eviction. that rally is set to get under way at 8:00 this morning at the hayward hall of justice. 5:39 in the morning. we're taking a live look -- can't make it out here, but this is our palisades tahoe camera. looks dark out there and blustery, too. if you are planning to travel to the tahoe area, forecaster cinthia pimentel has more on what we can expect. on that shot, it looks blustery. >> throughout the week, things look to calm down.

the best bet would be to drive up today, and things could turn tricky over the weekend. let's get you the weekend forecast for palisades tahoe. you can see they are ready for christmas up there. as i was saying, tomorrow, friday and saturday, we could look at potentially hazardous weather up there. keep in touch with the forecast and keep in touch with caltrans. looks to be sunday, christmas eve, better conditions for you to get ready for the holiday. in los angeles, better conditions and back to southern sunny california as you get ready for christmas eve. san josé, if you are hanging around downtown for the sharks game or going to dinner, temperatures in the 50s. it's also shirsy giveaway day.

>> we will talk about that in a minute. a little slowing on the bay bridge. highway 37 and highway 4, typical spots, lighter, and we expected that lighter. and crews may be in the area on 101 doing repair work getting down towards tiburon or the freeway itself. that was overnight work there. fog, we talked about this. that will continue to build as far as its influence on the freeway, we have slowing out of the altamont. here, at the sap center, the sharks game tonight and the giveaway is a shirsy, and it's a thin jersey, and you will need a jacket. what is coming to the south bay, it's a light slowdown through san martin, so it indicates it

will have a lighter build for the commute in the next half hour. back to you. >> you can layer your shirsy. >> right. right now with holiday shopping in full swing, anybody would be happy to learn to save cash. ahead for you this morning on "today in the bay," new christmas hacks from our own kris sanchez. what you can consider doing this year to keep yourself from break the budget. the economy and you will love migrating... the sun... the sand... [ thunder clap ] we're not gonna make it. are we? uncle dan! we're trying to get to jamaica. stay close and... everything will be all right. [ gulps ]

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good thursday morning. at 5:45, let's go to the north bay and check in on san rafael. mostly clear and temperatures at 50 degrees. we should see fewer clouds and head for the low 60s this afternoon with clouds lingering about for the afternoon. we will look at the weekend forecast and the next storm system already forming, coming up. from the north bay to the south bay, 101 in san josé. this is the time when we should see a build if it was a normal week, but it's a preholiday week and we will have lighter traffic continuing over the course of the morning with better conditions than yesterday. we still have slowing that we will show to you. new this morning, concord police hoping newly released video can help solve an alleged sexual assault. here's the video that shows the

suspect running down the street. the alleged assault happened on october 7th when a man targeted a woman walking in a pedestrian tunnel connecting market street under highway 242. not the ideal homecoming for an east bay native returning for the holidays, and within 24 hours of arriving in the bay area she said somebody stole her car. she's back from las vegas visiting family in east oakland. surveillance video showing somebody driving off in her kia sorrento. police have since recovered the car, but as of last night she still has not seen it. >> they said hopefully somebody will be here tonight to take the report because i can't get the car from being towed unless i

have the police report. >> she had to go to the police department to file the report, and the car sustained damage because the thieves crashed it into a pole. >> that's a rough homecoming. president biden is still trying to convince americans the economy is doing well. >> scott mcgrew with us right now. scott, the numbers do agree with them, but the polls don't. >> the polls don't. we have seen presidents, marcus, lose popularity over the economy before. carter, george herbert walker bush in the '90s, and those men were facing tough economies and recessions. president biden is not, wages are up, low unemployment, inflation is cooling, gdp is up, but polls show americans feel the economy is not well, and president biden on wednesday

pushing his economy to black owned businesses. >> across the country, black wealth is up a record 60% since the pandemic. so many of you -- look, and i mean this from the bottom of my heart, we are just getting started, and so many of you took the risk to open a business and bet on yourself. >> california's lieutenant governor is calling on california to join others to block trump from the state's presidential ballot. there are more than a dozen states considering the idea in some way with some of the challenges brought by republicans. this comes, of course, after the california -- colorado, rather, colorado court did decide to block trump from the ballot ruling he led an insurrection,

and under the constitution anybody that led an insurrection cannot hold office. but the supreme court won't decide if trump is guilty or not. the constitution does not require somebody to be convicted in court. it never says anything about that in the 14th amendment. even worst, it doesn't specify the president. the president is not written in there. trump's lawyers argue trump is not an officer of the united states. and the republican opponents

spoke out about colorado's decision, and republican ramaswamy had this idea. >> that's why i am making a pledge today that i will with draw -- i pledge to withdraw from the colorado primary gop ballot until trump's name is restored. i demand that ron desantis and chris christie and nikki haley do the same thing. >> that's a clever move on his part. not only is he polling around two or 3%, and it totally puts pressure on his opponents. laura and marcus? >> thanks, scott. 5:51 right now. oh, look at this. >> cozy. >> exactly. now in our living room. this morning we are talking about budgeting for holiday gifts with christmas days away. >> if you already was a big

spender this holiday, you might try dyi projects for the rest. a personal touch can make a big difference. >> so many times i have been making crafts with my kids, and you want it to turn out perfect and it doesn't and it turns out cute or funny and there's such a story behind it and that's all that matters. >> because you are the parent. >> and kris sanchez is counting down the days with the christmas thrift suggestions. >> it's day 10 of the 12 days of krismas. listen to this.

it's winter wonderland. this would be a great present -- >> kris sanchez has two more days to go for her crismas countdown. if you are looking for gifts, follow her. her handle is @krisnbc. >> maybe next year we should make gifts. >> marcus? >> i don't have kids, and -- >> well, you would be amazed at what you can come up with. >> have your kids gotten into the vinyl thing. >> definitely. >> my daughter's cousin collects vinyl as well and he doesn't have a record player. >> he just collects them? >> yeah. >> i have all of my vinyl records from when i was younger, so it has been fun for them to listen to the music. >> i have those -- no, i am

kidding. >> hello sunshine today. >> we need it. >> yeah, we do. we definitely do. it's been a stormy start to the week as people were running out and getting the last-minute holiday gifts. mike pointed this out for me. you are not groggy this morning, this is heavy fog around 580. be careful for that. we will hang on to the patchy clouds and fog, and we will start in the 40s out in dublin and warm up to the 60s and keep a mix of sun and clouds as the day goes on. from the inland valleys over to the coast, we have a coastal flood advisory. now that the rain pushed aside we are seeing higher than normal tides toll around the interior of the bay area shoreline, and so localized flooding i want you to be aware of on the roadways.

turn around and don't drown. the cooler temperatures i want us to be aware of over the next couple of days as we get ready to stay at home and possibly go out and about. tomorrow, same, 40s and 50s to start. it will start to cool as we go into saturday and further on into sunday where i think this might be the closest we get to a white christmas in the bay area where you will possibly be wiping frost off out the door. 37 in clearlake and livermore. patchy frost could be out and about on christmas eve and christmas day. if you have any travel plans in southern california, be careful of the roads. we know the grapevine gets tricky. and the holiday weekend, we are starting off with a bit of

drizzle in the north bay on sunday and monday, but the rainmaker is what we are looking at that will also drop sierra snow. that will come about wednesday and possibly lingering about for thursday, friday and the last final days of december. but before we get to that, how about a check on your 7-day forecast. we will keep it in the 60s in san francisco. clouds return second half of the weekend and next week, and inland valleys cooling into the 40s and 30s. starting with the same shot, and i want to illustrate to the folks is the fog comes down and test the ground and moves westward. now, the cameras are right about here, so this whole area may have low clouds and fog making it tougher to see the exit signs, disorienting folks. slow down. you have time. you have green sensors around the bay, and even in san josé with the little slowing, and

even just a little bit, and a lighter volume building out of the area. light traffic out of san martin, and morgan hill, and no more slowing on highway 37, and the bay bridge is light. gun safety advocates, the judge temporarily blocked the gun law, and the judge said the restrictions violate the second amendment and defies the supreme court. the injunction will remain in effect until the legal case plays out. the search for a gunman that shot and killed a dominoes pizza delivery man. oakley's police chief calling it a horrendous crime. ahead at 6:00 a.m. we are live with a plea for help from investigators. a reminder, nbc bay area streams 24/7. you can watch us whenever you

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