breaking right now at 4:30, breaking records. the bay area hit 15 straight days of spare the air alerts today. up next, the serious health warnings you need to know. plus, all new overnight, the governor extending a life line for millions of californians by protecting them from evictions, but for how long? a live report straight ahead. and students and covid-19. the california university now canceling all in-person classes after an outbreak. plus, the move at the state capitol to give high school students a second chance to graduate. "today in the bay" continues right now.

and a good tuesday morning to you. we are starting the day off in a good way. i'm marcus washington. >> and i'm laura garcia. good morning, everybody. all right, monday is behind us now. let's get to tuesday. the first day of september as well. wow. kari, what's in store for the forecast? fall feeling yet or is summer hanging on? the summer is definitely hanging on here, laura. we will also still have to deal with the unhealthy air quaul as we've seen the past couple of days. to walnut creek and check out our temperature trend. we are going to see upper 50s to start and low 70s as we go into late morning and early in the afternoon. high temperatures today still reaching into the upper 80s and low 90s. mike, any issues for early commuters? no, kari, you said the word, key word, early. it's 4:31. take you out to the maps where we don't have a lot of slowing.

we go out to the altamont pass westbound over to the left side of your screen that's the commute direction. the crash right here just off the merge with 205 and 580 is eastbound. it may be a distraction in the center divide. back to you. >> thanks, mike. developing for you right now another big step for firefighters facing the task of tackling the massive northern california wildfires. here is a look at the fires burning closest to the bay area. unfortunately, the job turned deadly yesterday for an unidentified firefighter on the front lines of the august complex fire in mendocino county. another firefighter was injured as well. at least eight deaths are now tied to the lightning-sparked fires. as for the three bay area complex fires, the lnu and scu fires are about two-thirds contained. the czu fire is about 40% contained. >> and those fires put out a lot of smoke. the bay area has set an all-time record. today marks the 15th consecutive

spare the air day in the bay area, topping the record set the days after the 2018 campfire. we know how bad that was. "today in the bay's" kris sanchez joins us live with more on, i guess it's a milestone, but one we really don't want to hit, and probably more to come, kris. >> reporter: yeah, well, i'll tell you what, laura, getting a little bit of a break right now. the air smells mostly clean but the moon has that telltale orange hue we've been used to the last couple of days with all that wildfire smoke. as you mentioned today will be one for the record books. for the same air that's making the beautiful sunsets and sunrises you'll likely see today, that is wreaking havoc on our air quality. weeks of wildfire smoke put particulate matter that makes it hazardous to breathe and not just for sensitive people but for all of us. >> spare the air alert for tomorrow will be 15 days in a row and that breaks our record.

fire hose spewing smoke into marin county and that's what we've been experiencing. >> reporter: now the advice is to keep smoky air outside. if you can close the windows and doors, set the air conditioning to recirculate. change your filters inside and avoid outdoor activity especially the strenuous kind if you're going to be exercising. this is not the day for it. smoke will linger as long as the fires are burning, but at this point there is no air alert for tomorrow. speaking of wildfires, the santa clara board of supervisors will talk about a wild land fire plan potentially to change the way that we're reacting to these fires in our urban areas. santa clara county has about half a million acres of wild land that needs to be addressed by either cal fire or by the county. that would be the discussion today. in san jose, kris sanchez, "today in the bay."

>> and one we'll listen for. good advice, too. a great way to stay informed is by our nbc bay area app. you can sign up for free alerts and we're sending out the latest weather alerts along with other breaking news stories. now to our special series making it in the bay and new for you this morning the state of california is making it easier for renters who are financially strapped to stay in their homes during the pandemic. "today in the bay's" bob redell live in dublin. the governor signed legislation overnight. what's that about? >> reporter: right, good morning to you, marcus. the governor signed this new legislation into law just before midnight, before the end of the legislative session. this will provide protection for renters here in california, protection from eviction during the pandemic. assembly bill gives renters who have lost income because of the covid-19 pandemic extra time to pay their rent.

under this law landlords cannot evict before february 1st of next year if the renter was not able to pay between march 4th and august 3 1st of this year because of income loss. the renter must provide a declaration of that hardship. renters must pay 25% of the rent between now and january 31st to avoid eviction. landlords can begin to recover starting march 1st of next year. some landlords have expressed concerns they won't be able to pay their own bills without those rental payments. landlords had own a small number of properties will be provided protection from foreclosure. tonight we'll hear in dublin a moratorium on rent increases and late fees that have been taking place in this pandemic. bob redell, "today in the bay." thanks for the latest there. important news. the group who gained national attention for illegally living

in a vacant east bay home will demand the defunding of law enforcement for housing. the deputies forcefully evicted moms for housing members from a home. leaders plan to protest outside the supervisor's office. they want money to be used instead to help the homeless. lawmakers in sacramento couldn't come together to pass a police reform bill. it would have created ways to weed out officers who commit serious misconduct. they face opposition but all new this morning the san francisco and los angeles police unions are together saying they are ready to work with legislators on new policies to hold officers accountable. the unions are calling for a special session in sacramento. last month was the deadliest in california since the pandemic started. according to new analysis by the "l.a. times" there were more than 3,700 deaths in august tied to covid-19. that's an 18% increase over july. despite the numbers new data

shows the sit infection and hosn rates. the average number of daily deaths is also dropping statewide. here is the second chance for california high school students who didn't have the chance to graduate due to the pandemic. under a new bill right now on governor newsom's desk school districts could retroactively grant high school diplomas to those students. the governor is set to sign a new bill for small business employees allowing those workers to take up to 12 weeks off if they have a baby or need to care for a sick relative. stanford university will soon be largely off limits. starting today the university will restrict most members of the public from coming onto certain parts of the campus. the idea is to reduce the risk of covid-19 exposure to students, staff and faculty. the campus has established several zones. each has different restrictions. most classes are being offered

online this fall. about a third of stanford students are expected to return to campus in two weeks. working to find a cause. still ahead on "today in the bay," when the ntsb is set to release more on the investigation into last year's deadly dive boat fire in southern california that killed several from the bay area. plus, airlines are burning through cash as the pandemic hits air travel. the change being made to try to bring back passengers. you're watching "today in the bay."

right now at 4:41 we are still dealing with unhealthy air quality for today and walking out the door with temperatures nice and cool, right now mostly in the 50s. we'll take a look at a fairly comfortable day in our forecast coming up in a few minutes. and, kari, yesterday we had the metering lights turned on about 5:30, just after. the bay bridge toll plaza where things are moving slowly and light right now. we'll watch for early slowing. we'll see how things develop over the next 45 minutes. good morning. i'm contessa brewer from cnbc. here are today's top business headlines. wall street set to open just slightly lower this morning, the dow and s&p 500 ended lower

yesterday but still posted their best performance in august since 1984. that was on vaccine hopes and the fed continues to pledge to support the economy. the nasdaq closed at a record high yesterday. however, september historically is the worst month for stocks. we could see more volatility ahead of the election. on average the s&p has seen a decline of 1% in september going back to 1950. today cnbc is focusing on reports on manufacturing, construction spending and auto sales. delta and american are joining united in dropping change fees on domestic flights. the airlines are just burning through cash as the pandemic has hit air travel hard, a third of what it was last year and hoping these drop fees will encourage people to get back on planes. delta's move includes ticken th puerto rico and the u.s. virgin islands. flights to canada, mexico and the caribbean. the new policies don't cover

basic economy fares. but delta, american and united had already waived change fees on all tickets through the end the year. jcpenney's talks have stalled. discussions with two mall owners, broke down over the weekend. lenders are still prepared to rescue the company as more than 70,000 jobs depending on what happens over the next ten days. jcpenney filed for bankruptcy in may. kari, back over to you. thank you, contessa. let's head to dublin as we get a look at a lot of people already up and out the door. we're going to hav another day of unhealthy air quality but temperatures starting out nice and cool with 50s heading into the 70s. we'll get a look at our microclimates coming up. and, kari, i have my eyes on

a couple of crashes. in san jose, the south bay and a crash that may affect folks heading into the sunol area coming up. california phones offers free specialized phones... like cordless phones. - ( phone ringing ) - big button, and volume-enhanced phones. get details on this state program. visit right now or call during business hours. i have the power to lower my blood sugar and a1c. because i can still make my own insulin. and trulicity activates my body

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and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program visit right now or call during business hours. here we go on this tuesday morning. .ot too bad. in that shot it didn't look too bad.

air quality is something we need to be mindful of. we are in a spare alert. for the 15th day in a row. i was thinking how it was a couple years ago and we thought it was bad then. we are seeing the fog rolling in but this is also trapping in some of the smoke so air quality in san francisco is some of the worst we're seeing around the bay area as we take a look at our numbers. right now 134 is unhealthy and we're seeing some of the yellow s, this may bother you. it's not too bad right now but we know that will change as the day goes along and our wind direction changes. as we look at our of today as w we'll see our temperatures in

the inland east bay in the low 80s, the south bay, san jose at 77 degrees. san francisco in the mid-60s. it will be slow to warm up. we're still getting a nice cooldown there. and then into the afternoon it cools down nicely as that fog rolls into the coastline. we will see some improvement after today for many of our microclimates as we get more of a breezy wind. the air quality will get worse this weekend as our temperatures go up and that air remains very stagnant so looking at high temperatures that will reach into the 90s over the next few days. unfortunately it gets really hot. mike, how is it looking right now for the morning commute? right now, kari, things are mostly calm.

lighter traffic. let me turn your attention here. as we take it to the full, the dumbarton bridge looks like there's a little slowing eastbound and there's no reason for it. we correct issues with computers. if you use the interchange you may see activity the next few minutes before leaving your house just after this report. into fremont and sunol you have a crash that might affects folks so watch for that. a new crash from west 580 maybe an issue we're tracking just reported and no problem for the east shore freeway despite some fog, the visibility here is clear. back to you. in los angeles more protests expected after a deadly deputy shooting yesterday that started when deputies say they observed

a man riding a bicycle in violation of vehicle code, they attempted to stop him and a fight took place, according to deputies. the sheriff confirming two deputies fired their weapons on the cyclist when he ignored their commands during the stop. they found a handgun on the man. he was pronounced dead at the scene and has not yet been identified. a new ruling upholds the law. a teen faces charges after police say he shot and killed two protesters and injured one during demonstrations over the police shooting of jacob blake. it now looks like next month investigators will reveal findings in the dive fire. the ntsb will hold a final

hearing, 34 passengers died in last year's fire which happened near the channel islands. all were asleep below deck. members escaped and survived. a judge has blocked i.c.e. agents at the border from conducting initial screenings for people who seek asylum. this is the central component in the trump administration's effort to rein in asylum. the white house has suspended asylum during the pandemic entirely. colleges and coronavirus. it is a big problem. coming up on "today in the bay," the growing outbreak that's forcing one school to shut down in-person classes. ♪ but first, happening now, kpop boy band bts breaking

records and making people move while doing it. the new song "dynamite" is the first to reach the top 100 and now bts is the first all-korean act to top those charts. they reaped number four with their song "on."

4:55 for you this morning. chico state canceling all in-person classes and telling students they need to leave campus housing by this weekend. students in every dorm have tested positive for the coronavirus. the university will help students who need housing.

they are holding about 7% of classes, like labs, in person. covid cases have also been reported at cal state east bay, san jose and san diego state, but so far no class cancellations at those schools. in l.a. workouts for the university of southern california football and men's water polo teams are on hold for at least the next week after nine athletes tested positive there. the latest infection was discovered friday. the school is not indicating who the athletes are or what specific sport they play, but the cases are set to be mild. and oakland a's won't play until at least thursday. this is after a team member tested positive. they're still isolated in houston with no other positive test results reported saying if player or staff member who became infected. the 49ers placed all-pro linebacker fred warner on reserve covid-19 list. either he tested positive or was

in close contact with someone infected. he now is in quarantine, but the team continues its workouts with the opener 12 days from now. 4:56. and president trump set to touch down in kenosha, wisconsin, where protests are ongoing amid deadly violence in the streets. local officials there have asked the president to stay away. coming up, we'll talk to a washington insider breaking down what is expected during the presidenea v to reopen outside. a live report on the businesses set to reopen today in san francisco and the south bay casinos now betting on a new plan. we'll be right back.

but they choke, just like in a golf tournament they miss a three foot -- right now at 5:00, president trump heads to kenosha, even comparing police shootings to golf, sparking new outrage. the presidential visit and why some believe he's missing a critical stop on his trip. after months of waiting, hundreds of san francisco small businesses get a chance to reopen outdoors. coming up, why some business owners say it won't be enough to help. all that plus the very latest overnight on all the bay area fires as "today in the bay" continues right now.

we'll get you updated on this tuesday morning, the 1st day of september as well. good morning to you and thank you for joining us. i'm laura garcia. >> and i'm marcus washington. mike is keeping an eye on the commute. first meteorologist kari hall looking at this forecast we can expect on this tuesday. kari, how is it looking? it's looking good for today. it won't be extremely hot, but we are starting out nice and cool all around the bay area. let's head to concord and look at our temperature trend where we're going to have some upper 50s and low 60s this morning leading into some mid-70s going into today. we are still looking at some 90s, but this is a break from the extreme heat that's coming this way by the end of the weekend. so we'll talk more about that coming up in a few minutes. mike, any issues for the drive this morning? well, the second of the bridges here, the dumbarton, the slowing looks like it's cleared and no incident or con