welcome to tuesday morning. it's september 10th. a cool shot, a live look out over san francisco. >> back and forth. it's on repeat. >> like a movie, gotham or something. good morning. hope you're waking up. >> we have the forecast for you this morning, kari? >> nice weather, the fog is part of the reason why. a live look in palo alto there's something going on. we're going to talk about the weather, as we are seeing some of those cool temperatures staying with us. we are going to see low 60s as you get ready to head out the door. upper 60s at 11:00 with high

temperatures in the south bay reaching 78 degrees. we'll talk about what's ahead with hotter weather in the forecast. mike, you're already tracking a crash in oakland. >> highway 13, minor crash reported just before you get to the 24 split or the change over there, and no real issues there. we'll talk about something going on for the north bay coming up. i did want to show what kari was talking about, palo alto right by university. take a look over there. it's overnight construction. it looks more dramatic than we often see, going on north of university. i think it's just construction. we have a couple of lanes blocked, no crashes reported in the area. i'll double check. there are a lot of flashing lights. school suspensions are suddenly out for elementary and middle school students in certain situations. >> this is after governor newsom signed a new bill in to law supporters say will keep kids in school where they belong. "today in the bay's" snch smpbl joi kris sanchez joins us live from santa clara to explain what it means. >> reporter: hi there. these are suspensions --

>> uh-oh, looks like -- >> reporter: those -- >> sorry, kris. >> reporter: those are the suspensions that would be banned. the bill signed by governor gavin newsom widens the ban on willful d for children in kinde through third grade. it extends to elementary and middle school students and applies to public and charter school as well. the bill's author nancy skinner, oakland unified and san francisco unified school district already eliminated such suspensions. students of color get more of this kind of suspension, research has shown, though they have the same rates of misbehavior as other students. the idea is to keep students in school where educators can attempt other kinds of interventions instead of just sending them home. the ban applying to middle school will be in effect until 2025, at which point it can be

extended depending on the clima climate. the ban goes into effect, into effect for the next school year so we'll see what happens then. in santa clara, kris sanchez "today in the bay." >> thank you very much, kris. developing this morning, both sides rolling up their sleeves in the ongoing dispute between the city of san francisco and the national rifle association. >> and last week, city leaders declared the nra a domestic terror group. now as "today in the bay's" lili tan reports, the nra is firing back with a lawsuit. >> it's time to rid this country of the nra and call them out -- >> reporter: less than a week after the city of san francisco passed a resolution declaring the nra a domestic terrorist organization, the gun rights lobby is suing. >> this resolution passes unanimously. >> reporter: the lawsuit accuses city officials of violating the nra's free speech rights, and of blacklisting anyone associated with the group. in a statement, nra's ceo wayne lapierre wrote "this lawsuits

comes with a message to those who attack the nra. we will never stop fighting for our law-abiding members and their constitutional freedoms." its members also took to twitter. >> the bad guys don't listen to the laws, so stop putting the band-aid on it, stop trying to ban everything. >> reporter: supervisor catherine stephanie who introduced the resolution stood by her claims. "the nra is a terrorist organization that isn't succeeding at much of anything. this lawsuit is just their latest unsuccessful effort." >> it's really hard for me to feel sympathetic for the nra. they've shown zero sympathy for all of the people that have been killed by guns. >> reporter: san francisco's jonathan lally has two friends who were at the gilroy garlic festival when a gunman obviousl biased, but i think it's time for them to be held accountable and this is obviously an extreme means to somehow hold them accountable.

>> reporter: lili tan, "nbc bay area news." >> the city does not immediately stand down. the nra is demanding a trial by jury but some supervisors are actually doubling down, accusing the group of running to court instead of dealing with gun violence. and we're continuing our coverage of the nra lawsuit on our website. if you'd like to read the entire lawsuit, we've posted it for you online. just click on the story box to find the link is the nbcbayarea.com. it has been eight days since the deadly southern california boat fire and tomorrow salvage teams are hoping to pull the sunken burned out boat finally up to the surface. federal authorities launched a criminal investigation. they want to know if proper protocol was followed ahead of the fire, making sure a crew member was awake and alert to warn passengers of potential dangers. investigators will have to determine if the boat's electrical system was overwhelmed from plugged in quiquis devices and charged in batteries. >> the electrical fire experts

might be able to tell if wire melted because of excess current going through or because of external heat, and again, if we find the lithium ion battery that failed during charging, that will be another clue. >> investigators will look into whether crew members were properly trained and if smoke detectors were working. so far no criminal charges have been filed. first responders at the keep of a possible water rescue in alameda, happening just north of oakland international airport. >> that's where we find "today in the bay's" bob redell at the scene. what have you been able to find out? >> reporter: marcus and laura, a woman just about 25 yards off shoreline park in alameda in the water around 4:00 this morning, some neighbors heard her screaming for help. the alameda fire department along with the police department gme out here, they d the middle of the night. what she was doing out there in when they rescued her she was naked from the waste down, screaming. we heard her in the ambulance before she was driven away and

yelling again. they don't know if she had been drinking or using drugs or if there was some sort of mental health issue or something else. also worth noting there's a vehicle to the left side of where i'm standing about a good two blocks away that has been driven up on to the curb onto the sidewalk. the police department is standing around that. there is no driver. the question was she driving that car, got out and ended up in the water or if that is unrelated. a woman has been rescued here off the northern part of alameda, again as i mentioned, she is okay. she is in an ambulance and has been taken away to the hospital. reporting live here on alameda, bob redell, "today in the bay." >> thanks for the latest, bob. coming up for you here on "today in the bay," wendy's is suddenly looking to hire 20,000 new employees. we'll explain how a change in the menu led to the new hiring binge. and a live look at the bay bridge toll plaza this morning, mike has his eye on the morning commute across the bay area. 4:37 right now.

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good morning. i'm kate rogers at cnbc headquarters. here are today's top business headlines. wall street set to open in the red this morning. it was a mixed ssierda the dow extending its winning streak to four days, helped by a jump in energy stocks and at&t, which rose after an activist investor known for a history of pushing for changes said it bought a large stake in the company. on today's watch list, a report on the labor market, tracking items such as the number of available job listings and people who are quitting their jobs. u.s. companies are still optimistic about hiring new workers this fall. a new report by staffing firm manpower shows employers in the

leisure and hospitality sector are the most positive as consumers continue to spend. other sectors that are optimistic, professional and business services amid increasing demand for skilled workers. the weakest outlook is in the financial sector, includes banking and insurance and real estate after business investment fell earlier in the year. and wendy's is launching breakfast nationwide next year and will hire 20,000 new employees as part of the rollout. it has breakfast in about 300 locations, the breakfast baconator, frostychino and honey milk butter biscuit. in the 1980s it included omelets and french toast sandwiches. because it took too long to make it was discontinued. back to you. >> you had me at honey butter biscuits. thanks a lot, kate. 4:41 for you. coming up, kari has a look at the tuesday forecast for you. >> still looks really good as we continue on with our cooler than normal weather, as we head over

toward concord we're going to be in the lower 60s to start, and leading into the mid-70s at noon. we'll get a look at the rest of our microclimate forecast and some hotter weather that's in the forecast coming up next. and a smooth flow of traffic right here across the san mateo bridge. look how light the west side is. we have an update for the palo alto cluster of lights.

good monday -- tuesday. >> wait, let's get something straight around here >> let's do that again. and a good tuesday morning to you. having a live look right now of sfo, where thousands and thousands of people go to and come from each day. just to let you know if you're headed there today to pick someone up or flying out, 55 cancellations already due to the runway repairs, the runway closure. be prepared because it's happening again today. 55 cancellations so far. 4:45 for you right now. stop what you're doing and look at your screen. this is something surely to brighten up your day. sometimes you have to just stop and smell the roses or in this case the daisies. a dutch photographer caught this squirrel doing just that in austria. he says he took almost 500 photos before just getting the right images, and the squirrel even appeared to have fun with the daisy, gave it a nice little hug as you saw right there, but all good things come to an end.

we're told the squarely ate the daisy. >> that looks like one of the toasters you'd buy on the scholastic stuff. >> the cat hanging on. >> we have to think of a caption for that. >> smell it. >> take a moment -- >> not inspiring? i'll work an that. >> it's only 4:46. we go 'til 7:00. >> smell it. >> all right, let's look at the forecast. >> the forecast is looking pretty good still today but changes start to happen tomorrow. as we get ready to head out the door, we are seeing some fog rolling across san francisco once again, and a cool start to the day. the seven-day forecast is coming up at the bottom of the screen. i just wanted to prepare you, before you looked at it, yes, it's going to be heating up over the next few days. so that's what we're getting ready for, nice cool feeling good this morning as you get ready to head out to the fruitvale b.a.r.t. station, so as you step out the door, you still need a jacket and our temperatures go from 60 degrees

until about 70 at noon. our south bay high temperatures still cooler than normal. we should be in the low 80s but we're up to 77 in east san jose and gilroy reaching 81 degrees. up to 82 in danville, and we're going to see those highs in oakland reaching 74 degrees, for the peninsula, we're in the mid-60s in half moon bay and daly city, while redwood city t. san francisco in the upper 60s in the mission district and the north bay reaching 79 in sonoma. with the clear start to the day and the chilly temperatures, once again grab a jacket and the rest of the day you'll be comfortable with some short sleeves on, as we go through this forecast, we do have some very hot weather ahead, so it does stay cooler than normal today. breezy at times with some coastal drizzle. there will be an approaching storm system to the north. we'll see high pressure build in, that's going to cause some hot weather coming in for the next several days.

so unfortunately because of that, we are talking about temperatures in the 90s and even up to 100 degrees inland. so friday is that peak of the heat, going from the low 80s today to the low 90s tomorrow, upper 90s on thursday, and then there we go, really hot summer-like weather, only gradually comes back down early next week, and mike, you're starting with palo alto. >> yes, but i don't like the temperatures. just letting you know, if we're voting. over here a nice smooth flow of traffic. earlier we showed you 15 minutes ago the lights blocking a lane or two at the university avenue on-ramp. i widen out the shot, scanned the area and watched crews clear over the last 15 minutes so now much less going on here for that stretch. you notice that slowdown coming off the at marsh. there may be a crew there near the 101 on-ramp if you're passing by the northernmost area for that facebook compound and as you get back toward 101. we'll track that but nothing reported as any delays. a couple of crashes one west 580

at north livermore avenue, another near the dublin interchange. both sound liker this out of the freeway. we'll track those, and over here west 24 two vehicles going very fast down highway 24, and then hit each other, one reportedly fled the scene and so we're waiting for more detail as chp heads out there. no slowing shows up around the orinda exit and we'll track that as well as the bay bridge toll plaza where we have a mild backup for light traffic through the maze. we'll check on that crash in orinda and update you on what is going on near the dublin interchange. back to you. >> thanks, mike. getting the next month of fleet week activities just got a little bit easier for people planning to go from contra costa county. so fleet week takes place the second week of october in san francisco's waterfront. you may remember b.a.r.t. and caltrans have been doing a lot of weekend work through a runni bridge between orinda and walnut creek.

the track closures are set to continue for at least that long, but now b.a.r.t. says that work is ahead of schedule, that means the trains will hopefully be up and running in time for fleet week. >> 4:50. happening now, members of two alameda county fire strike teams are headed to the plumas national forest to tackle a wildfire that burned 50,000 acres. these are pictures they posted after arriving to a new fire called the walker fire, burning about 50 miles northwest of tahoe. here is another image posted by the national weather service. mandatory evacuations are in effect but the area is sparsely populated. contained.county wildfire is it's believed lightning started that fire lt started her new talk show off with a tribute to working women everywhere. ♪ working 9:00 to 5:00 what a

>> all right, kelly clarkson singing. dolly parton classic 9:00 to 5:00, with an audience filled with women who bring home the bacon. dwayne "the rock" johnson was her first guest. ellen degeneres is set to appear on the show today and busy women, that is ellen, will do her show with special guest melissa mccarthy begins at 3:00 this afternoon. don't forget, set the dvrs if you're not going to be home. >> that's cool. when i have a show you can come on it and when you have a show i'll come on it. >> we'll sing of course. see, already getting you ready for it. 4:51. coming up next on "today in the bay," "nbc bay area responds." >> new technology on and old house intended to save energy and money, but it ends up costing a lot more of both. i'm consumer investigator chris chmura, "nbc bay area responds," next. but first, happening now, the british government is

formally suspending parliament. lawmakers will return two weeks before britain is due to leave the european union. prime minister boris johnson was trying to order so-called snap vote to elect a new parliament, but british lawmakers shot his plan down in the hours before parliament's closure. we'll be right back after this break. come try my really big chicken two patties for $4.99, or three for $5.99, or four for $6.99. that's an amazing deal, jack! hey, thanks, stanley. ow. ...wait, what's happening? stanley! you're deflating! hold me, jack! only at jack in the box.

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temporarily pull the plug on her solar panels. >> consumer investigator chris chmura and his team worked to shed some light on the problem. >> good morning. rebecca osborne coolidge lives in a 19th century home just north of the uc berkeley campus. two years ago, she added some 21st century technology, solar panels, from vivint.solar. a few months later an electrician told her the solar panels had damaged her home's circuit breaker. he disconnected the system and she called vivint. it sent out a technician who agreed the old breaker box needed to be replaced, but rebecca says vivint never got back to her after that. she spent about a year trying to get vivint to fix the system and then turned to us. we contacted vivint. it fixed the solar system at no charge and reimbursed rebecca for repair $5,235. in a statement, vivint told us that it deeply apologizes to ms.

haveelped her resolve her issues. if you're getting tripped up by electrical issues maybe we can help, 888-996-tips or online at nbcbayarea.com/responds. all right, hey, mr. tambourine man. bob dylan won't be blowing into the wind when blows into the bay area next month. >> he announced stanford yesterday as one of the stops on his new tour. dylan will be in palo alto on monday, october 14th. he'll be performing at the frost amphitheat amphitheater. tickets go on sale at 10:00 a.m. friday. the tour will be the first time he's played in the u.s. this year, it's kicking off in irvine. >> nice. >> 4:56 right now. coming up next on "today in the bay," check of that forecast. we better enjoy today. >> yes, you better,'realking ab enjoy it today, as our temperatures start out in the

low 60s. we'll be at 72 degrees at 11:00, and we'll talk more about this and what's ahead for the rest of the week, coming up next. and already the lane shift is on, shifting over to the left side and the fastrak lanes and now the right approach is all clear. that will change in the next 15 to 20 minutes with the build coming for the tuesday morning commute. >> here we go with that, mike. also another bay area city throwing out plastic straws, this time in the east bay. we'll tell you where, coming up next. you're watching "today in the bay."

right now at 5:00, the first true traffic test for one part of san francisco, after a local park and the brand new chase ce same time. ahead how they plan to handle thousands of fans. plus -- >> our first task is a giant victory and winning back the house in 2020. >> president trump promises victory next november, as calls for impeachment get louder this week on capitol hill. a live report from washington on what top democrats are saying. plus -- ♪very little thing >> find out why the queen of pop wants you to hang up that smartphone when you see her inu

bay." and good morning to you at 5:00 for you this morning on a tuesday. we thank you for waking up with us here on "today in the bay." i'm marcus washington. >> and i'm laura garcia. got to do some calisthenics like madonna this morning, get pumped up this morning. nice morning to go out for a jog. >> it will be nice and cool. we have some fog near the coast and look at our high temperatures today, only reaching the upper 70s for much of the south bay and the east bay a few low 80s, but much cooler than normal temperatures, but that heat is about to come back, make a big comeback. i'll have more on that. mike, you're updating a crash in orinda. >> more detail