spots since ten days. so as we start out this morning, we are seeing some freezing conditions in the tri-valley, as well as parts of the north bay. we've also had some patchy fog, so those roads may be a little bit icy, some freezing fog in some spots. san jose starting out at 36 degrees. it is frosty all around the bay area, as we head over toward cupertino, our temperatures will warm up into the mid-50s today, but that is not close to our normal high of 63 degrees. so we'll talk about that, and when the rain comes back, and mike, the second traffic alert of the morning. >> a second traffic alert for one spot, as we talked about with marcus there. overall, the bay looks great for these speed sensors, not a real problem with the lighter volume of traffic expected this holiday monday for most, but here, this has been the problem pinole off the carquinez bridge west 80 starting on your approach to pinole valley road you're jammed up. the earlier crash at appian way, as that cleared there was a disabled vehicle in the backup, that turned into a crash report

as folks approach. we now have two lanes open and two lanes closed, this is quite a distraction, but despite that fact, it's on the upper east shore freeway off of highway 4 it presents another five to ten-minute delay for folks off the carquinez bridge. once you get on the freeway, in richmond you're fine at the bay bridge toll plaza where there's no backup. the rest of the bay moves smoothly and so does transit. back to you. >> thanks, mike. breaking news in napa county, a deadly deputy shooting last night in the middle of wine country. this happened at around 11:00 last night on henry road midway between two vineyards, j&d and cios du val carneros. "today in the bay's" pete suratos has been at the scene since about 5:00 this morning. is the road, looks like it's still closed? >> reporter: that's right, the road is still closed here, henry road that is in napa where the deadly officer-involved shooting took place. you see the chp squad car blocking off the road, as that investigation continues into

this deadly officer-involved shooting in wine country, as you guys mentioned. according to the napa county sheriff's office, the shooting took place before 11:00 p.m. on the 1100 block of henry road in napa. the deputy was patrolling the area where they contacted a male driver in a parked car so this wasn't a traffic stop or anything like that, when the shooting took place. they say six minutes later, the deputy reported shots fired. what is unclear at this point in the investigation is if any of those shots were actually fired at the napa county sheriff's deputy. the male suspect was pronounced dead on the scene. they are not searching for any other suspects at this time and that sheriff's deputy has not been identified. let's take you back out here live to the scene on henry road following the deadly officer-involved shooting. we'll monitor things on the scene and provide updates as they come in. we're live here in napa, pete suratos for "today in the bay." >> thanks for the latest. it is 6:0 it right now. it 6:02 right now.

on capitol hill, congress weighing in on president trump declaring a national emergency to build a border wall with mexico. "today in the bay's" tracie potts joins us live in washington with what to expect if the president's decision lands in court. good morning, tracie. >> that's a question a lot of folks in washington are uponer itting as president trump pushes forward with this emergency declaration to get money for the border wall, but court cases are already being prepared if they work their way up to the nation's highest court, and they have the final say. the question is, will president trump get the money for that wall? three days after president trump declared a national emergency to build a border wall with mexico, lawmakers are debating whether there's really an emergency. >> he couldn't get the mexicans to build the wall, he couldn't get congress to vote the money in. >> he himself said it, he did not need to announce or declare a crisis. >> this is an emergency. i mean, what are we on now the fifth caravan? >> reporter: critics call it a power grab that upsets checks

and balances in government. >> we shouldn't have an executive, i don't care if it's republican or democrat, that tries to get around congress. >> this will be another expansion of that power. that's why you see a lot of us concerned about this. >> reporter: he's a republican, but so is lindsey graham and he's supporting the president. >> congress is locked down and will not give him what we've given past presidents, so unfortunately he's got to do it on his own. >> reporter: the white house won't say if president trump will veto a resolution against his emergency declaration. >> he's going to protect his national emergency declaration guaranteed. >> reporter: the next stop could be the u.s. supreme court. >> he's pretty much daring the court to strike this down. >> reporter: declaring an emergency is one thing, proving it could come next. so far, we know of eight states, including two border states, new mexico and california, that are ready to sue and moving forward with those lawsuits. laura? >> tracie potts live from washington, thanks for the latest. 6:04, and in sausalito,

they're holding a special city council meeting to declare a local state of emergency later there today. last week's storm triggered destructive mudslides. several homes and streets are impacted, and crews have their work cut out for them, as you can see right here. city leaders are warning that those road closures will last quite a while after debris is cleared. engineers need to examine the roads and experts need to make sure the hillsides are stable. the emergency declaration will allow the city to receive state funds for the cleanup. it is 6:05 right now. a three-day event to benefit former president barack obama's foundation kicks off in oakland today, ahead of number 44 and steph curry speaking tomorrow. the my brother's keeper alliance brings together hundreds of young men of color to connect, learn, and share with community leaders. a make or break week on tap for oakland teachers barring a last-minute deal. teachers promise to walk off the job on thursday. teachers have been working without a contract for more than a year.

they're seeking a 12% pay raise over three years. the district has a ballooning deficit and declining enrollment. district leaders are hoping to hammer out a deal before thursday's deadline. live to the richmond-san rafael bridge and happening today, cal trans plans to start permanent repair work on the bridge, after concrete began falling. that prep work already under way. crews are set to replace expansion joints overnight for the next ten nights, this is starting at 9:00 tonight. one lane of traffic will stay open in each direction. work comes after the falling concrete from the upper deck hit a car and shut down that bridge for nine hours last thursday. new for you this morning, we have some chilly and freezing weather right now, and when it's cold outside, even the animal kingdom will do what they have to do to find a little relief. look at the pictures here, san mateo deputies tweeting out these pictures of two young mountain lion cubs in half moon bay. the pair used the heat from the patrol car as you see right there to get warm. while adorable a, deputies say

they want to remind everyone to be careful any time you see the mountain lions. >> my goodness, quite the kitty kitty there. california highway patrol closely monitoring conditions on mt. laguna in san diego county. cars became stuck along parts of the sunrise highway. sections of state route 79 and route 78 had to be closed down on sunday because of snow. chains were required just to head up to the snowy mountains in the east county up there. south of here within this morning, cal trans reopened southbound interstate 5, right there through the grapevine. northbound direction expected to reopen any time. look what closed it down. extreme weather, closed it for about 12 hours, and that closure followed numerous weather-related crashes. up to ten inches of snow fell at the highest elevations yesterday in the mountains east of los angeles. and right now at 6:08, we will be able to see the snow as the sun rises today from mt. hamilton over the south bay.

they got five inches of new snow over the weekend and it really has been an amazing season. as we get a look at the window this morning, it is foggy in parts of the bay area, actually this is our dublin camera looking at 580, so low visibility there, very cold temperatures, headed toward walnut creek, it's going to start out chilly with some upper 30s, and then it gradually warms up as we go throughout the day, only reaching the mid-50s, and all of our bay area microclimates will reach up to about 55 to 56 degrees, a few spots up to 57. we'll talk about the sunshine and when the rain returns, but mike, now the problem spot remains in pinole. >> that's right, kari, because of the second traffic alert for westbound 80 right through this area. speed sensors are starting to improve but we don't have the all clear from chp just yet. two lanes last reported open, two lanes closed after the second crash in the area. slow from highway 4 down past pinole valley road, appian way and anywhere closer to the bay bridge, you're doing just fine. look how light the traffic is.

we have an easy drive, now right there is where the first crash happened. the second reported actually a disabled vehicle slowly making its way off of the bay bridge. i look at our live camera and did see slowing getting in toward the treasure island tunnel but that lasted a few seconds and everything is moving smoothly. there's no backup at the bay bridge toll plaza no metering lights and no other problems around the rest of the bay. kari did talk about and showed you our dublin camera through the stretch. there is low clouds and fog in the area so be careful. new and next coming up this hour, a 21-car crash during the daytona 500 has people talking this morning, that dramatic video making headlines right now. plus new accusations against facebook this morning, and some presidential confusion. ♪ >> at 6:25, too shallow?

fans debating who sang it better after kelly clarkson covers an oscar nominated song by lady gaga, clarkson's message about gaga before the song. it's all coming up. you're watching "today in the bay."

happy presidents day right now at 6:12, it's a clear start but also very chilly.

hear is a live look in fremont, looking toward tesla. it's going to be in the 30s as you head out the door, down to 34 degrees at 8:00, but the sunshine will make it feel better even though temperatures are on the chilly side reaching 52 at 2:00 today. we'll look at our microclimates and i tallied up the rain last week, a look at that in less than five minutes. >> despite the second crash in pinole we have less travel time. it's improving here, headed toward the bay bridge, which is clear right now. also very clear the view and this drive past the oakland coliseum. we'll give you a look around the bay, coming up. good monday to you, no trading today so when you join us tomorrow, the numbers will look the same. walmart reports its profits tomorrow, and facebook facing more serious trouble, this time in great britain. members of parliament calling for more regulation of the menlo park company after a year-long

looking into fake news. the committee's calling for a mandatory set of ethics rules and a special government supervisor for facebook. they weren't shy about their opinion of facebook. the government said "we believe that in its evidence to the committee, facebook has often deliberately sought to frustrate our work, by giving incomplete, disingenuous and at times misleading answers to our questions." walmart worth watching because retailers have been reporting slumping sales as amazon gets bigger and bigger. walmart, the largest traditional retailer in the united states, tariffs on chinese goods are also going to be an issue. speaking of china, video of the u.s. trade negotiator meeting with the chinese president. talks will continue this week in washington. president trump tweeted from mar-a-lago, "billions of dollars are being paid to the united states by china in the form of trade tariffs." now we have talked about this before. the chinese do not pay the

tariffs on their goods that come into the united states. americans do. the money flowing into the treasury is our money. president trump gets this backwards often, and it's hard to tell if he's deliberately not telling the truth or he really doesn't understand. another good example of this confusion by us, the journalists, trying to figure out what the president does and does not understand is the f-35 stealth fighter. the president says it's invisible. it's not, of course, but it is difficult to spot on radar. it's not invisible. >> it's stealth. you cannot see it. is that correct? >> that's correct. >> it better be correct, right? you can't see it. literally, you can't see it. she makes a plane you can't see. it's stealth. f-35. can't see it. where is lockheed? it's stealth. you can't see it. >> the president often repeats that one, he often repeats that the chinese are putting money into the u.s. treasury. i don't know what he thinks about that airplane. you can see him say you

literally can't see it. >> he confirmed it with the woman behind him >> as far as the treasury goes that's factually wrong. the chinese are not putting money into the american treasury. americans are putting money into the american treasury. >> thank you, scott. >> you bet. i want to you check othut, this crash here, a serious pile-up having nothing to do with weather and everything to do with fast cars driving inches apart. look at that. >> wow. >> this happened yesterday with a ten-car, ten laps to go in the nascar biggest race of the year there, the daytona 500, about 20 cars were involved in this crash here. no drivers were hurt, danny hamlin came away with that victory there. >> oh my gosh. that was reminiscent, i used to baby sit all the time the two twin boys and they'd be like crashing cars. i'm like, oh! >> one of them was denny hamlin? >> maybe grew up to be. >> congratulations to denny there. >> i did not report that crash. as we head out the door this

morning we are going to have some chilly temperatures, and it will be cool to start out for the next several mornings but we are not getting any rain. let's take a live look outside in walnut creek, as you get ready to head out the door and talk about all of that rain that piled up last week. we head first to a peak in the north bay, venado over 14 inches of rain, that was just last week. ben lomond in the santa cruz mountains 9.5 inches of rain. san anselmo over 9 inches of rain and mt. tam close to 9 inches of rain there. richmond in the east bay measuring nearly 6 inches of rain last week, and novato almost 6 inches of rain there, and as we look at some more of those totals, san francisco over 4 inches, oakland 3.5, sunnyvale over 3 inches, livermore close to 3 inches of rain, and they really got pounded yesterday with some storms, and san martin, 2.5 inches of rain there, and close to 2.5 inches of rain in san jose. now that we are drying out, we have some very cold air in

place. martinez will start out with some upper 30s. we'll gradually make it into the mid-50s today, and we are so happy to see that sunshine after some spots had ten straight days of rain chances in the forecast. today we do not have any rain. it will be sunny with highs reaching into the mid-50s. we have a couple more days of some dry weather, until we start to see this storm system approaching, and as of now, it looks like a pretty weak storm and by the taime it gets here will bring in light amounts of rain. . mov this moves in on wednesday so we are dry today and tomorrow. wednesday the clouds moving in. showers on wednesday afternoon and out of here thursday morning. this will be a quick one and done and we'll go back to some dry weather but still pretty cool with some 30s in the mornings and then some highs reaching into the 50s. saturday is the warmest day in the forecast, reaching 60 degrees, and then another chance of rain on sunday. headed over to mike, you've been really having to focus on one area in the bay. >> thank goodness, it's only one

area and we have light traffic around the rest of the bay, look at this holiday traffic, most of your commutes are just fine. it is over here in the upper east shore freeway, we consistently had problems with the last hour and a half, two crashes, the second of them still active, westbound 80, at pinole valley road. you see the slowing from highway 4 now. according to our travel times from highway 4 to the bay bridge toll plaza, which is by the way clear, we've been about 20 minutes and that's only about five-minute delay from what you might expect are the best time of day so say allow ten if you're coming off the carquinez bridge out of the north bay headed down toward the bay bridge but anywhere past that getting through el cerrito and richmond you're fine. earlier issue off the bay bridge a slower driving vehicle and disabled vehicle at fremont street, cleared wout a problith problem. all the way through the south bay and peninsula no delays and mass transit on weekend or

modified schedules because of the holiday today but the transit agencies are still running to an opportunity for to you try that out perhaps if you don't normally take them. back to you. >> thanks, mike. coming up next for you at 6:30 on "today in the bay," an explosive twist in the alleged attack on "empire" star and santa rosa's own jussie smollett. the turn police say the investigation is taking. >> he tries to do the right thing, take a defective product and send it back to the manufacturer, but he still didn't get his money back. i'm consumer investigator chris chmura, "nbc bay area responds," next. and this is what i woke up to when i walked downstairs this morning. yeah. i guess my dog didn't really want me to go to work on this monday morning. follow me on facebook, laura garcia nbc. you.

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6:23 on your monday morning. thanks for joining us. nbc bay area responds to a san jose man who told us an athletic shoemaker gave him the runaround. >> consumer investigator chris chmura and his team helped get him to the finish line. >> good morning. steve hammond said he'd been wearing these $89 adidas shoes for a couple months when he noticed they started falling apart, specifically right around there. he called adidas and the company agreed to replace this faulty footwear. steve says he sent the shoes back and confirmed delivery. well, a month or so passed with no response. so steve called again, this time

the company told him it had no record of the return and he would get no refund as a result. so steve sent all his documentation to adidas, and waited again. after several more weeks, his patience ran out and he turned to us. we asked adidas what happened, it declined to talk to us but it did send steve a gift card for $150, about $60 more than he paid for the shoes. steve did everything right in this case. he took photos of the problem, he saved his receipts, he even tracked the return shipment and got proof of delivery. it still wasn't enough, so we were happy to step in. maybe we can help you, too. call us any time, 888-996-tips or online at nbcbayarea.com/responds. tom cruise is apparently making waves off the coast of san diego on the "uss

theodore roosevelt" while filming the sequel to "top gun." navy personnel took to facebook to say the actor was acting arrogantly towards crew members. he even went, they say, anyway he went so far as to tell them not to look at him or touch him but navy officials told our sister station in san diego those accusations were unfounded, adding that the navy put out guidance, telling the sailors to put away phones and to not approach the actors. 6:25, new this morning, singer kelly clarkson stuns a crowd on her meaning of life tour. >> during a weekend stop in wisconsin, clarkson covered lady gaga and bradley cooper's grammy winning hit "shallow." take a listen. ♪ far from the shallow, in the shallow, shallow ♪ ♪ in the shallow, shallow >> pretty strong performance there. of course on social media, fans went wild, praising her performance.

by the way, just after that performance, clarkson says she hopes that lady gaga would not see it, because she would be embarrassed. she belts it out though. she's good. >> kelly clarkson is amazing. >> it's a great one, a hard song. >> they both did a great job. new for you coming up at 6:30, pothole problems. you've seen them especially after last week's storm. kris sanchez dug into the problem overnight. plus teacher housing a big step forward plan to give tic r teachers a place to stay in the south bay. a deadly shooting between two vineyards. the details our crew is learning, on the scene this morning. [phone ringing]

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walnut creek right now, it's 6:30 on your monday morning. taking a live look outside overlooking walnut creek in the east bay. it is a cold start across the bay area, but at least some dry temperatures greeting us on this presidents day. good morning to you and thanks so much for joining us. i'm laura garcia. >> and i'm marcus washington. let's talk about the cold temperatures. meteorologist kari hall has been tracking those for us all morning long. >> we've had a busy week last week and now we can wake up and actually see the sunshine. here is a live look outside in palo alto. we will see that sun all day long, but it is cold, with some upper 30s as you head out the door. we'll see those 30s through about 9:00 and then going to see the air getting a little bit milder, but we will continue on

with some cooler than normal highs, only reaching into the mid-50s today. we'll talk about what's ahead for the weekend in about six minutes and mike, you're dealing with that one slow spot. >> pinole, the upper east shore freeway. here is the bay bridge toll plaza, no metering lights no, backup. is how light traffic is for most of the bay because of the presidents day holiday for businesses and schools. we have just this slowing up hooer in pinole. that is a problem if you're coming off the carquinez bridge, driving through hercules and pinole westbound 80 still reportedly down to just two lanes. there are four total. your two lanes of blocked and we see more slowing, there you go, going from yellow to orange, as you approach pinole valley road, this is the second crash of the morning in the area. the second traffic alert of the morning through the area, but just tough it out, it takes about another five minutes, allow ten just to be sure and things should be fine getting toward the bay bridge. the rest of the bay shows that easy, light drive. look at that, the south bay, the tri-valley, no problems, maybe some fog, but things are looking good. back to you. breaking news we're covering

on this monday morning. a live look from napa county where the chp is stopping traffic near the scene of a deadly shooting involving a deputy. it happened about 11:00 last night on henry road midway between two vineyards, j&d and cios du val carneros. after a round of storms like we just got, it seems like everything has a growth spurt, including those potholes. i bet you have one on your route which makes you mutter under yu breath. kris sanchez joins us live from milpitas with why the potholes pop up after the rain and something we can do about it. kris? >> reporter: we see a lot of potholes and definitely more

potholes right after the rain. want to he show you one big one in milpitas on this stretch of road that we are this morning. the road is full of cracks that seem to be threatening to open up. this might be what your drive looks like after the last couple of weeks of storms we've had. you might be wondering why do so many potholes pop up after the rain. we got an explanation for you from cal trans. >> water seeps into the cracks in the road. cars and trucks drive over that and the hydraulic pressure of the water squeezed pushes against the road itself and there's a lot of cars and trucks driving over it, it squeezes, it squeezes and eventually the road breaks apart and you get a of the pothole. >> reporter: the state is about to release $360 million of measure b funding after a two-year court battle. $9.5 million toward repaving in santa clara county alone.

if you see a pothole where you live in the south county or anywhere else in the bay area, you can report it to your city or your county's transportation department. if your car was damaged by a pothole on cal trans maintained roadways you can file a claim with the agency. i put that link up in my twitter feed and facebook page as well so you can find that. road crews need dry weather for that asphalt mix to set and become a permanent fix so the lucky thing is that we're going to have a little dry weather, nice to see that in kari's forecast. in milpitas, kris sanchez, "today in the bay." >> working together to fix that pesky problem. 6:33 right now. police are looking for a driver who sent a young girl flying into the air. i want to warn you before we show you this video, the girl is okay. it happened on campoy street and louis drive saturday evening in santa rosa. in the upper left corner of your screen a black bmw comes around the corner as several kids were running across the street.

7-year-old hazel conzet was hit by the car and amazingly gets up and runs off. she has some scrapes and bruises but otherwise, she's okay. >> i was over here and just walking over here, a car just comed here and i banged my head. >> just thankful my daughter is okay. it could have been a lot worse. >> if you recognize the car, call santa rosa police. >> wow, that's frightening to see, she went flying there. developing story for you this morning. law enforcement is investigating whether or not bay area actor jussie smollett staged an attack on himself. bob redell with the latest twist in the case. bob, we're having a little problems with your audio. let's see if we can work that out. all right, we're going to work on your audio right now. we hear a lot of fuzz but we're going to continue with this story about jussie smollett.

the "today" show also following it as well. they'll have more on the latest twists and turns also coming up at 7:00 this morning. 6:34 right now, and new this morning, santa clara county is set to build affordable housing units for teachers. according to "the palo alto online" five districts are supporting funding for the project. it will include 120 units and will be built on grant avenue in palo alto. the county is now seeking a developer for the project. talk about a trip you will never forget. >> did you hear about this one? a hot air balloon ride across the north bay takes an unexpected turn. this is video from chp moments after the balloon pilot had to touch down in the remote marshland of scaggs island. the balloon was all stretched out along the ground with people waiting to be rescued. a dozen people were on board that balloon. luckily, no one was injured. a chp respect crew to h to make several trips to shuttle the

passengers to safety. this was not a crash or an emergency landing. here's what the chp had to say. >> well, nobody was hurt so that's, in my mind always a textbook landing. that's the primary goal. so maybe not the best location for them. >> the chp says this is not the first time crews have had to rescue passengers from a wayward hot air balloon. they conducted a similar rescue back in 2016 in that very same area. our investigative unit has been following hot air balloon safety for years dating back to 2012. we looked into safety records and what leads to most balloon accidents. you can watch our reports on our website, nbcbayarea.com. travelers, listen up, all westbound lanes of highway 37 still closed this morning because of the storm. the closure stretches from atherton avenue all the way down to highway 101 in novato. cal trans is working on this, but don't expect that highway to open any time soon.

crews say the best case scenario here, the middle of this week. marin county remains under a local state of emergency because of all the damage from the storm. that's important for folks who are headed over perhaps from the north bay, coming across the carquinez bridge through vallejo and toward perhaps novato or headed toward wine country, the last section of 101, atherton avenue is your alternate to the freeway. looking at the rest of the bay, a smooth, easy drive, look at that, one new incident, a smaller crash reported 68 in the sue knoll area, waiting for information on the chp, as they just dispatched to the scene. we've been following this area, a second alert for the area westbound 80 at pinole valley road, this has been a problem spot after the first crash cleared, the second one blocks two lanes and you see the slowing. there may be a traffic break as tow trucks arife and hopefully the slower drive means they have. we add another three or four mip

minutes onto your drive, 25 minutes off the carquinez bridge getting down to the vacant bay bridge toll plaza. this is dublin. good little fog. >> wow, look at that. >> where is that? >> a little? >> it was in london. that's part of your coverage now. >> we've had to deal with the rain, now fog, and mostly the tri-valley. we are going to see that clearing up. another round of rain back in the forecast on wednesday, and as we head toward the beak understand, it will also be really nice on saturday. that is your day to get outside. there will be some slight rain chances on sunday, but overall, it will be so nice to get a break from all of that rain and the tri-valley is looking good. mostly sunny but those temperatures stay on the cool side, with some mid-50s for saturday and sunday. that's a live look at squaw valley. snow is just piled up. you probably want to get there and see it in person, and on friday, it's still a good travel day but there will be scattered snow showers between saturday and sunday. the good news is that the storms that we'll see over the weekend will not be as strong as what

we've seen recently. if you do plan to go to half moon bay t does look cool there, but we will get some sunshine, some breezy winds, and i'm tracking all of this for you. let me know where you're going. i'm @karihallweather on facebook, twitter and stain gram. today's temperature trend is coming up in three minutes. >> we'll look forward to it. thanks, kari. 6:39 right now. next and all new this monk, a big problem on some grocery store shelves in the bay area. the issues they're having staying stocked thanks to all that snow in the sierra. plus, how do parents really feel about legal pot dispensaries, the two places most say they do not want people to be selling marijuana. first, the dangerous chemical state regulators want removed from nail polish. and new challenges this morning to the president's declaration of an emergency. we'll look at that when "today in the bay" continues. so i can save up to 40% on appliances?

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good morning. right now it's 6:42. a live look in san jose, the rain is gone, and we will get some sunshine today. it's a chilly start, and as we step out the door in willow glen, some mid-30s to greet you, as we go through the rest of the day, highs reaching into the 50s, but that's nowhere close to where we should be, 63 degrees, we'll talk about when it warms up and also the rain returning to the bay area, in less than five minutes. looking at walnut creek,

look at that, the b.a.r.t. parking lot very, very light flow there. 680, 24 going away from us, no problems there. the roadways are mostly clear. there's the peninsula, drive through palo alto. the problem we have is on the upper east shore. we'll track that. thanks so much, kari and mike. 6:43 right now. breaking news, theat lick diocese of oakland released the names of its clergy who are credibly accused of sex abuse. we've been waiting for this news for months. in a statement to the congregation, bishop michael barber says there are 20 diocese priests, 22 religious order priest deacons and three brothers and priests who worked in the diocese of oakland accused of sexual abuse against minor. the bishop adds "my first reaction in seeing the lists of priests who have abused is one of deep shame. these are monstrous crimes committed by priests who are supposed to model virtue and

grace, not sin and harm. by publishing this list i am making an act of contrition on behalf of my church." we've got a crew working on the story right now. we'll bring you much more this morning throughout our air and midday newscast as well, and you can find more information on nbcbayarea.com. actually i skrus twejust tweete list if you'd like to see the names and the lists of those acu accu accused of being involved. "today in the bay's" bob redell is live with the latest twist in the juicie smollett case. investigators are looking into whether he made up that attack against himself that made national headlines. >> correct, laura and marcus, in the development over the weekend, chicago police now say they do not consider actor jussie smollett of the "empire" tv show to be a victim, but they do stop short of calling him a suspect. what they want to do right now is they want to meet with him, they want to get clarification on whether or not he paid two men to attack him last month.

smollett, who was born in santa rosa, who is black and openly gay says that on january 29th, two masked men, you can see them in the surveillance image, says that they punched him, said this is maga country, a reference to president trump's make america great again slogan, used homofolkic and racial slurs against him and put a rope around his neck. chicago police say they have "new information that has in fact shifted the trajectory of this investigation." smollett's attorney is furious, saying that "he has now been further victimized by claims attributed to these alleged perpetrators that jussie played a role in his own attack. nothing is further from the truth and anyone claiming otherwise is lying." here's what smollett said to abc news last week. >> you do such a disservice when you lie about things like this. >> reporter: the two men accused are brothers and smollett does follow their shared instagram accounts. smollett's attorney says that

one was jussie's personal trainer and one of them not clear who was an extra on the "empire" tv show. a police source tells nbc news investigators have no clear motive as to why smollett would concoct the story which he described in detail. reporting live in the newsroom, bob redell, "today in the bay." >> all right, bob, thank you. developing now, state regulators want a dangerous chemical removed from nail polishes sold in california. it calls on manufacturers to eliminate toluene from its products, it's associated with birth defects, miscarriages and damage of organs. a handful of salons in the state including some in the bay area already phased out products carrying toluene. >> 6:46 right now. new this morning, as marijuana becomes legal in more states, most parents want the dispensaries to be away from their kids. that's ard doing to a university of michigan survey. it shows three-quarters of parents believe pot clubs should

not be near schools or day care centers. 44% say they shouldn't be near places of worship. the top concern among parents is about drivers under the influence. but others worry teens will have easier access to pot and nearby dispensaries could bring more crime to the area. 6:47 for you right now. on friday the president declared a state of emergency. >> now here come the challenges, both in court and in congress. scott mcgrew? >> that's right, a two-pronged attack, laura. congress will likely vote to challenge the president's claim there thank there is an emergency which would allow him to grab funds for a wall. that could come as soon as tomorrow. we'll talk about that tomorrow. the other challenges come from lawsuits filed by all kinds of groups including california. here's california's attorney general. >> can you say definitely that california will be filing a lawsuit, and when that will happen? >> martha, definitely and

imminently. >> and imminently, monday, nothing will stop you? >> no reason. >> one thing that could stop it today, federal courts are closed because it's presidents day. the president is well aware his decision will be challenged in court. he spoke of that during friday's announcement. >> and we will possibly get a bad ruling, and then we'll get another bad ruling, and then we'll end up in the supreme court. >> during the same speech, the president speculated whether he would get the nobel peace prize. mr. trump says he was nominated by the japanese prime minister. a major newspaper in japan says prime minister abe did nominate the president because the white house asked him to. >> i'll probably never get it but that's okay, they gave it to obama. he didn't even know what he got it for. he was there for about 15 seconds and he got the nobel prize. he said what did i get it for? >> the president's rose garden

announcement caught the attention of "saturday night live" which ran a skit with alec baldwin. we probably wouldn't have mentioned this at all but the president made a big deal out of it on twitter calling for "retribution" against nbc. "nothing funny about tired "saturday night live" on fake news nbc. question is, how do the networks get away with these total republican hit jobs without retribution?" we will watch the president today. he travels to miami to speak about the situation in venezuela. we'll be tweet being that. find me on twitter. i'm @scottmcgrew. this morning, look at the road to tahoe. pretty dangerous with the snowy conditions. chain controls are required, so bad the chp, placerville division is advising anyone traveling to tahoe to take it easy. talking about 80 there. in napa, some products aren't making it to stores because of the dangerous travel conditions in from reno. our cameras spotted a lot of empty shelves in walmart.

the store posted signs saying delivery trucks were delayed due to weather. >> capitol corridor the train comes from sacramento, they have a bus service waived off for days now. >> it is ski week and a lot of people wanted to head up there. >> get this, last week some of the resorts had 100 inches of snow. >> wow. it's amazing. it's little walls of snow. >> snow tunnel. >> i love to see that though. >> it's clear the next few days. >> it's clear, the next storm coming in will be a week and we're not expecting it to shut things down and for the bay area, it will bring us some more rain, but we're drying out now. let's talk about all the rain that we had last week across the bay area, and check this out. venado, a mountain peak in the north bay had over 14 inches of rain, yes, in one week. ben lomond had 9.5 inches of rain in the santa cruz mountains, san anselmo over 9 inches of rain, mt. tam almost 9 inches there. richmond almost 6 inches of rain and novato reaching over 5

inches. now also looking at some more of those rainfall totals, really amazing to see that san francisco last week measured four inches of rain. in oakland 3.5, sunnyvale over 3 inches. livermore really got pounded by that storm yesterday, you've had 2.75 inches, in san martin 2.5 inches and san jose approaching 2.5 inches of rain. we're done with it as of now. as you make your way out the door it is dry. we have temperatures in the mid-30s. it will make it into the mid-50s today but that's not close to normal, so you do need to bundle up today, a heavier coat is need ed. we can break out the dress shoes today. nice to not have to wear the rain gear today. we have a couple of days of dry weather but here is our next storm developing out in the pacific, and it will be here on wednesday. it unt it' lodoesn't look like storm. most of us could see a quarter

inch starting out on wednesday afternoon, and then into the evening, we start to see it rolling on out of here. so that's really some good news. we have a chance to dry out, and still some additional rain in the forecast here and there. we are going to see those high temperatures in the mid-50s. it's going to be cold during the next several mornings, so we better get used to it. headed over to mike, you've been tracking that one main spot in the east bay. >> we had a chance to get used to this spot being in the headlines but now we're reducing this problem in pinole, westbound 80, all lanes just cleared, good recovery here, that's not a spot to watch in the east bay anymore. we have this, highway patrol got calls about ice, highway 13 and 24 right where they meet. folks on both of the highways reported ice in the roadway and kari has been warning about the possibility of frozen fog as mist hits the roadways over the cold temperatures. west 84 that crash we did check it out, over on the shoulder as you make your way to 680, and no slowing shows up there for the tri-valley. very little slowing all around the bay. we do have one delay about

ten-minute delay through central station force b.a.r.t., on a saturday schedule, modified and weekend schedules for most transit agencies. back to you. >> thanks, mike. it's 6:52. happening now, a florida family relieved after they got some help from a very unlikely place, a couple accidentally lock their infant in the vehicle at a judicial center. just as the father was about to smash a window some inmates nearby offered to help and used a coat hanger to unlock the door. the mother found the situation even a little bit humorous. next a look at top stories including a big accusation by british lawmakers against facebook. the rules they say the tech giant broke. plus violence near vineyards, breaking news in the north bay right now. what we know about a person a sheriff's deputy shot and killed early this morning. we're back in just two minutes with more news. 6:53. you're watching "today in the bay." before you head out the do

here are the top stories on today in the bay-- breaking this morning: a live look in napa county .. where the chp is stopping traffic welcome back. here are the top stories on "today in the bay." >> a live look in napa county where the chp is stopping traffic near the scene of a deadly shooting involving a deputy. it is right in the middle of wine country. both directions of henry road are closed for the investigation. the shooting happened about 11:00 last night. the sheriff's department says a deputy approached a parked vehicle and soon after shots were fired.

the male driver died at the scene. right now, investigators are not saying if the suspect fired his began. gun. this happened between two vineyards, j&d and and cios du val carneros. crews are set to replace expansion joints overnight for the next is ennights starting tonight at 9:00 on the richmond-san rafael bridge. one lane of traffic will stay open in each direction. the work comes after falling concrete hit a car and shut down the bridge for nine hours last week. a report labels facebook digital gangsters, uk lawmakers are calling for mandatory set of ethics rules, and a special government supervisor in part to monitor fake news. facebook so far has not issued a

response >> it is a make or break week on tap for oakland teachers. teachers have been working without a contract for more than a year. they are seeking a 12% pay raise over three years. the district has a ballooning deficit and declining enrollment. district leaders are still hoping to hammer out a deal before thursday's deadline. the san francisco giants reportedly plan to pay tribute to two of their legendary figures all season long. hall of famer willie mccovey died in october and in january former giants owner peter mcgowan passed away. the teams plan to wear one shoulder patch for each of them all season long. both patches are still in the process of being designed. san jose seventh grader has a lot to be proud of this morning. he is officially the best speller in the bay area. >> rashik gandhasri won the bay area regional spelling bee yesterday with the word guanabunna, the large spiky fruit of a small tropical tree.

the title earns him an all expenses paid to the scripps national spelling bee in washington in may. look at those smiles. i'd say his parents are pretty proud as well. >> we're all proud of him. >> guanabunna. >> we'll keep watching. fun to see when the spelling bee comes to town. >> the weather is a cold one. >> it is so cold but it will be sunny today. we're going to enjoy sunshine for the next couple of days. rain returns by wednesday afternoon, but this will not be a big storm, and the rest of the week kind of chilly and cool, but we will see some sun in the rest of the forecast. >> sun. >> yes. >> we need it. >> in the meantime, very light traffic today. it is presidents day, a holiday. >> and after that last crash cleared in pinole we have almost no problems. look at the green, that's great. how are you going to deal with that? looking at a clear view of the bay bridge. >> wow. >> that's how light it is. that's really nice and there is the san mateo bridge, beautiful. there's just some fog in the tri-valley. >> perfect day to drive to work. >> obviously if you're sleeping

in, maybe you want to catch our midday newscast at 11:00. we'll get you caught up there. we'll still be here. >> we have more cut-ins coming in, local news at 7:25. thanks for starting your morning here with us. have a great one. good morning, breaking overnight, explosive interview. >> definitely very concerned about the president, about his capacity, and about his intent. >> former acting fbi director andrew mccabe speaking out and taking on president trump claiming he once sided with russia over his own top intelligence officers. >> the president replied, i don't care. i believe putin. >> what he's saying that could impact the mueller investigation. messy morning, tens of millions waking up to snow and ice from the midwest to new england, and right behind it another more dangerous winter storm set to sweep across the country. dylan's forecast just ahead.