right now at 4:30, bay area bracing for another round of high fire danger. that means heat. up next the areas that need to be rescued. >> i have been nominated to fill justice ginsburg's seat, but no one will ever take her place. back in the hot seat, judge amy coney barrett's supreme court nomination resumes in 90 minutes. next, how the case for and against her is being laid out by u.s. senators. and this is what remains of a statue in the north bay after it was torn down by protesters. were demonstrators say history

is the reason for their outrage. "today in the bay" starts right now. it is tuesday morning. i'm kris sanchez in for marcus washington. >> good to see you, kris. we'll check in with mike in a little bit. good morning, we are looking good. we are starting out with a nice, quiet morning, cool temperatures and it will be a hot day as you get ready to head out for the morning commute and temperatures in the low 60s dropping back to 56 degrees as we get closer to sunrise and warming up today fairly quickly. we will have at least those morning hours to get outside with still comfortable air before we reach into the 90s today. we're going to see a high of 91 in livermore and reaching 89 degrees in napa. the fire danger is coming up in a few minutes. mike, how is it looking right now for the commute? right now very calm, no major crashes. we do have a crash which seems

to be causing some slowing even though it's cleared from the tri-valley area. as we zoom over to 84, 84 where it merged and converts to 680 for some out of livermore and pleasanton, the crash went off the roadway. still a little slowing, just a distraction, i believe. no lane closures and no problems through the bay bridge. all clear. it is 4:32 and more public safety power shutoffs are possible starting tomorrow as we've seen strong winds can knock down power lines and that could trigger wildfires. the area pg&e is still concerned about, three and four there in the mustard color and blue on the screen. the east bay near mt. diablo and oakland hills as well as the santa cruz mountains. supreme court nominee amy

coney barrett faces questions from senators for the first time today. a live look at 6:00 this morning with confirmation hearings resume. it was a political showdown during her first day in the hot seat. >> the policy decisions and values must be made by the political branches elected by and accountable to the people. >> both california senators sit on the judiciary committee and dianne feinstein called the refusal in 2016 to confirm obama's supreme court nominee marek garland. >> i believe we should not be moving forward on this nomination. not until the election has ended and the next president has taken office. >> senator feinstein also pla

plans -- also noted the affordable care act that she plans to press on during today's questioning. to decision 2020, president trump is back in washington this morning following his first campaign rally since he was diagnosed with covid-19. some polls are putting his rival joe biden ahead among voters there. some doctors say he tested negative for the virus but did not release the testing dates. at last night's event minimal social distancing. this is file video. people standing behind the president did wear masks but many in the crowd did not. he told the crowd he feels powerful and is in great shape. he also promised to take medication he was given widely available nationwide. nominee joe biden was on the campaign trail yesterday.

he had two stops in ohio, another swing state and one that president trump did win back in 2016. biden, who wore a mask, continued to attack what he called the president's reckless personal conduct since he was diagnosed with covid-19. happening today the state will release some guidelines on how to safely celebrate halloween this year while costumes are still a go. some may have fallen victim to the pandemic. cheryl hurd is finding the confusion among parents and what they should allow their kids to actually do this halloween. >> reporter: halloween is two weeks away and as you can see some people go all out while others are a little confused on what they can and cannot do during covid. >> they say this place is haunted. >> i don't know how many people will get dressed up and come out. >> reporter: even with all the uncertainty, he says he's ready for halloween. >> we're going to have masks on and do all that.

we're not going to put tape out to make people stay six feet away. people have a little common sense. >> reporter: his personal guidelines are in place before the governor's health and human services secretary makes it clear how the state should handle halloween safely this year. >> many counties have their own local guidance for gathering. >> reporter: door-to-door trick-or-treating is discouraged. other activities are banned like carnivals, festivals and indoor haunted houses. >> i kind of just want it to be like normal and go out and trick-or-treat. >> reporter: it is putting a damper on halloween fun for kids and waiting on what the state wants families to do this year is confusing for some parents. >> there's not a lot of precedent. there's no one we can talk to. we're trying to figure it out as we go. >> cheryl hurd, "today in the

bay." >> i don't know, we're still dressing up at our house. have our own little private party. >> those big bags of candy don't really last until halloween at our house. >> hey, were you watching me this weekend? >> i saw the little wrappers. >> they're everywhere. >> kari, at least the weather seems like it will be agreeable. i can't tell at this point. >> we'll have to see about that. we do have warmer weather. some low 50s in parts of the north bay. we are also at 53 in livermore. as you get ready to head out along the coastline, low 50s there as well. then when we take a look at our highs, a big difference as we reach into the 90s again today. it was pretty hot yesterday afternoon during the middle of

the day. then we will cool off quickly. potential for high fire danger that starts tomorrow. i'll talk more about this and the areas impacted coming up. mike, how is it looking now for the commute? we did have a crash reported on the lower deck getting out san francisco, the bay bridge, and no problems now the last few minutes. we've gotten the all clear from chp. there will be traffic coming toward us from the san francisco side. we're on the emeryville side or the alameda side there. a smooth drive in all directions getting to the bay bridge. north from the carquinez bridge, a crash just past 780 and looks like lanes should be clear the next couple of minutes. crash cleared from 84 at 680 but another in the niles area. back to you. >> thank you, mike. coming up on "today in the bay," disney going all in.

the big reshuffling announcement just in from the company. are you ready to spend? prime day is here our home was burned to the ground in the tubbs fire. the flames, the ash, it was terrifying. thousands of family homes are destroyed in wildfires. families are forced to move and higher property taxes are a huge problem. prop 19 limits taxes on wildfire victims

so families can move without a tax penalty. nineteen will help rebuild lives. vote 'yes' on 19. because when i get home, we like to play crocodile on the floor. promist max's pad removes over 99% of bacteria, with just water. better cleaning with less waste. o-cedar. it feels great to feel at home.

it only takes a second for an everyday item to become dangerous. tide pods child-guard pack helps keep your laundry pacs in a safe place and your child safer. to close, twist until it clicks. tide pods child-guard packaging. instwith vicks sinex saline congnasal mist. for drug free relief that works fast. vicks sinex. instantly clear everyday congestion. right now at 4:41 over to foster city, these early hours will be the best time to get out for a walk, enjoy more sunshine and some pretty good air

quality. we are going to see the sup rising, about 71 degrees at noon. we'll talk about where our temperatures will be hottest and the high fire danger coming up in a few minutes. 84 at 680. another crash reported in the niles area. still sorting out some details as we take a live look, the san mateo bridge, no problem for that drive, it's all good. good morning, i'm leslie picker at cnbc headquarters. today's top business headlines. wall street is set for a mixed open as investors await the first companies out of the gate to report third quarter earnings. we get economic data on consumer prices. stocks rallied with the nasdaq leading up 2.5% on big moves by tech stocks.

disney is going all in on streaming. the company announcing a massive overhaul of its media and entertainment business to develop content for its streaming services. the move is the result of disney plus more than 60 million subscribers since launching last september. they have been hit by production issues and hit by the coronavirus pandemic. amazon prime day is under way. the annual shopping event was delayed from july but amazon is getting consumers are willing to spend now. retail me not say two-thirds plan to shop on prime day more than black friday or cyber monday. some analysts believe it will serve as an early kickoff to the holiday season, walmart, target and best buy are also offering deals this week. back over to you. >> just so early to shop for christmas. >> we have to get ready for christmas, come on, kris.

coming up next on "today in the bay," decades in the north bay the emotional reaction as a controversial statue is torn down. plus, 49ers fans trying to shake off the defeat by the miami dolphins. what the team's coach is now saying about the future of quarterback jimmy g.

we are looking live at oakland. mostly clear right now but it

was a little toasty yesterday and it's just going to continue to head in that direction as we head later in the week to the point we'll see fire danger. good morning to you. we can't seem to get a break from this heat, kari. >> not at all. it's been such a hot summer. when we did catch a break it lasted only a few days. at least we're starting out with better air quality for you this morning. as we look at all of the sensors this measures how much particulate matter in the air. this is a good tool. airnow.gov. the numbers in san jose, the numbers are moderate. we'll see our temperatures go from the upper 50s to the 60s at lunch time for parts of the

coastline. low 80s for the tri-valley. we're going to see those 80s in the north bay with temperatures along the peninsula making it into the mid-80s today. you can see that in san mateo as well as san jose reaching into the upper 80s and a few low 90s there. it's going to be hot this afternoon and you'll feel that, slow to cool down around sunset later tonight. so then tomorrow we'll start to see our winds picking up. for all of these areas shaded in orange we will have a high fire danger. that will continue through friday as well. this includes the east bay, parts of the santa cruz mountains where winds will increase and we'll see gusts some of the upper elevations. as we look at what's going on across the region still a lot of rain to the north but none here across the bay area. not even a cloud in the sky. we'll start to see those winds

at times picking up to 25, 30 miles an hour. once again on friday we're still looking at breezy winds. our seven-day forecast shows temperatures will stay in the 90s over the next few days. not until early next week when it starts to cool off. mike, how is it looking now for the commute? things are looking pretty good right now. the crash was reported through the niles canyon area but it's cleared off the roadway. we're back to okay but a slight build for 84 and 580 out of the altamont pass. looking at the rest of the bay, a smooth drive as well. an easy drive getting to the bay bridge through contra costa county. you can see that clearly.

a clinical vaccine trial for covid-19 is now on hold, another one. johnson and johnson is pressing the pause button. one of the participants in the study is sick. it is unclear, though, if the patient got that experimental vaccine or was in the placebo control group. the patient is under evaluation. governor newsom says statewide hospitalizations are down 8% over the past two weeks. the percentage of people tested who have the virus is hosting steady at 2.5%, half of what it was just a few weeks ago. a follow-up on the late night celebrations for fans in los angeles after the lakers cinched that championship big win. thousands took the streets on sunday night. l.a. county health leaders are advising people who took part in

the celebrations they need to get tested saying coronavirus can be easily spread. shouting, chanting and singing could spread it even further. l.a. has already called off any plans for a victory parade for the lakers. happening today the attorneys for two people charged in the painting over of an east bay black lives matter street mural are expected to be in court to set a trial date. the incident made national headlines when it happened this summer. cameras captured the whole thing. the vandals were identified as a local couple. their attorney says they plan to plead not guilty to misdemeanor and hate crime charges. the couple will not be in court today but activists are organizing a rally around today's hearing. and the statue of junipero serra is gone from the north bay. you can only see the pedestal there.

they gathered for indigenous people's day and tore it down. one says she is a descendent of a tribe and her ancestors were imprisoned at that mission. >> every time i drive by i have to be reminded of the tragedies that went on there. we're constantly reminded. >> the mission system did lead to decades of oppression of native people. >> switching gears, talking sports and our beloved 49ers are banking on jimmy g for their dismal return last sunday. sorry to remind you, niners fans. he wasn't in super bowl form returning from that sprained ankle injury against miami. coach shanahan pulled him in the second half. he says he doesn't expect the ankle to hold jimmy g back this sunday when the niners host the

rams. of course that game will air here on nbc bay area. sunday night football coverage begins at 4:00 p.m. kickoff at 5:00. we've been talking about halloween this morning as well. just around the corner, well, a very new experience probably this year for a lot of kids and families. the pandemic isn't stopping many including my family. we're dressing up. the top trends costumes according to google and what many in the bay area seem to be searching for this year. we'll see if you're a trendsetter. happening now there's a search going on for an elusive black bear in new jersey. day two of new jersey's annual bear hunt and one bear is keeping fish and wildlife officials busy. people in kearny spotted it sleeping up in the try. wildlife officials were called to remove the bear safely. so far that black bear has eluded capture.

we'll be right back.

why o-cedar? because when i get home, we like to play crocodile on the floor. promist max's pad removes over 99% of bacteria, with just water.

better cleaning with less waste. o-cedar. it feels great to feel at home. welcome back, everyone. after revolutionizing the way teams are built in major league baseball, billy beane's time is over. "the wall street journal" is reporting this morning the a's executive vice president is leaving the team to work in european soccer. he will partner with the boston red sox owner to run a soccer team. beane purchased a stake in a dutch soccer club. he joined the a's in 1990 and was played by brad pitt in the movie "moneyball." take a look at this, a rare ght in monterey.

a triple breach, when three whales leap out of water in succession. the captain of the ship says he's never seen a triple breach in his 45 years out in the water. trending this morning as halloween creeps closer your plans may have changed. google is showing us what costumes are popular in our area. the website called frightgeist looking at halloween trends all over the nation. top costume is a physician, ranked 67th nationally. professors make up 10% of all costume searches. all those nobel prizes. a witch, a dinosaur and harley quinn. >> a lot of costumes in the store -- not in your house? you're not dressing up? >> my kids want to make their

own costumes. i think we're fairies. >> that's good. >> a lot of crafting. >> doing a little sewing myself. we'll see how it all turn 4:57 right now. up next, it could be a rel struggling to stay open during the pandemic. the big decision that's expected in just a matter of hours that we're following. plus, more details are coming to light after the gop set up unauthorized ballot boxes despite an order from state officials why the state's republican party is doubling down on that decision.

i'm voting 'yes' on prop 19. nineteen limits taxes on seniors. it limits property tax on people like me. nineteen limits taxes on wildfire victims. it says so right here. if 19 passes, seniors can move closer to family or medical care. i looked at moving but i can't afford the taxes. will you help california's most vulnerable? vote 'yes' on prop 19.

a live report on what's expected to be a critical day ahead in just minutes. plus, not backing down. leading republicans say they are not going to remove the ballot boxes they dropped off even though the state attorney and the top attorney are both calling them illegal. next the new state order setting up a serious showdown. and "todatoda "today in theh bay businesses struggling. anticipation in a live report as "today in the bay" continues right now. a very good tuesday morning to you. thanks for waking up with us. i'm laura garcia. >> and i'm