tv: this is the greatest play i've ever seen! what'd i miss? but you can't sleep through my breakfast. because it's served all day, every day! thanks, jack. try my $4.99 french toast sticks jumbo breakfast platter. part of my all day, everyday breakfast. right now at 4:30, supreme court test. what's on the mind for millions of californians as the supreme court takes up the affordable health care act. plus -- >> and the spike in cases is due for people gathering for halloweens and private gatherings. why don't you police that instead of small businesses. >> covid-19 cases starting to surge across the bay area. the warning for local leaders and potential reopening rollbacks that could be coming to many counties. plus, making it in the bay. despite the pandemic and home

buying driving up the average price. "today in the bay" starts right now. good tuesday morning to you. thank you for joining us. i'm laura garcia. >> and i'm marcus washington. another chilly start across the bay area. mike has the commute, but let's start with the weather. meteorologist kari hall has been tracking that. i brought my big coat today. yeah, we all need all of the heavy winter gear with these kinds of temperatures settling into the bay area. we're going to see more warnimos like this so we'd better get used to it. a chance of rain late thursday, on and off showers friday and saturday. but, of course, the big story this morning will be the freeze warnings that we have especially in parts of the north bay. this continues until 9:00 especially for a lot of our north bay valleys. we're feeling some of the coolest temperatures dipping back into the mid-20s. we'll talk more about this coming up in a few minutes. mike, how is it looking for the early morning commute?

kari, the speed sensors are great. i feel sorry for the folks out there in the cold. let's take a look at the maps. the south bay, the peninsula all great and at speed. we'll zoom to the north bay where it's highway 37 slow in both directions to the east of 121 and sears point. there's a road crew so one-way traffic control. someone is out there, at least one person standing outside. folks are moving across the bay bridge without delay. we'll check on the rest coming up. back to you, marcus. happening today arguments for what may be the supreme court's most closely watched case on the docket. the future of the affordable care act. opponents argue the so-called obamacare should be dismantled. if so it would leave hundreds of thousands of covered california recipients in jeopardy of losing coverage. the court will likely not issue a decision until next year and 2021 coverage will not be

impacted. president-elect biden plans to hold a news conference later today and, of course, we'll be following the story all morning long. covid-19 cases are starting to surge again across the bay area. most bay counties are in the orange tier. some are now concerned the state might start tightening restrictions again. the state will announce which counties move tiers in its reopening plans today at noon. contra costa county has said it might be moved back into the red tier. there's concerns in the south bay. if counties don't get the virus spread under control in two weeks there could be more closures. >> i am here to share some sobering news. our case counts in santa clara county are starting to surge. >> dr. sara cody believes many cases can be linked to indoor gatherings around halloween. >> let's take a closer look at covid-19 numbers across the bay area. the number of cases are going up in several counties.

alameda county reporting 337 new cases. santa clara county reporting 264 and over in contra costa county reporting around 150 new cases. san mateo county with 127 new cases. new details today, 12 former residents of the so-called ghostship warehouse may be reaching a settlement with the city of oakland. this is related to the deadly 2016 fire. the county corner is asking the council to give final approval of the settlement for a suit brought by the former tenants for emotional distress and loss of property in the amount of $399,000. the city previously settled with the families of 32 of the 36 people who died in that fire and one person who was severely injured. happening today san jose taking another step towards transparency with a new policy on releasing police video footage. it follows some highly charged incidents during protests this summer following the death of

george floyd. san jose pd was asked to release all related video footage. the department initially withheld its video. the new policy will qualify what must be released at the discussion of the chief, the city manager or councilmembers. happening today vta leaders take the first step in a decision that, in all likelihood, will lead to deep service cuts. the agency is facing huge financial deficits in a large part due to the pandemic. the purpose of those cuts could amount to 30% of operation and a lot of commuter lines could feel that impact. first in the series of votes takes place tonight with the final vote scheduled for next month. despite being in a pandemic bay area home buyers are coming out in droves to make it in the bay. real estate agents say since september the average price for a home is up in almost every county in the bay area. according to the real estate site dq news rose by double

digit percentages. in contra costa county the average price is $750,000. in santa clara county it's about $1.3 million. and in san francisco going for about $1.6 million on average. pretty penny, people. pretty penny. >> you know what, waking up, walking out of that house, going to look for one today, make sure you have a coat on because it will be another cold one. meteorologist kari hall has been tracking those temperatures and the temperatures behind you makes you want to get back into bed and under the covers. i know. i wish i could. i have my blanket over here on the side so when i'm off camera i'm still trying to warm up. it's probably cold inside your house if you haven't turned on the heater yet. we have chilly temperatures lasting for a few more hours. i want to take the time line through lunch time and if you're heading out expect mostly upper 50s and low 60s. 60 degrees in redwood city and

low 60s as we go into the 3:00 to 4:00 hour but then cooling down very quickly heading into sunset later on tonight. we're going to have another chilly night ahead, possibly more freezing temperatures especially in the north bay. i'll be tracking this for you. i'm also tracking rain. we'll talk about the time lionel of that coming up in a few minutes. mike, any issues for the morning commute? for at least one person or one carload of people over in fremont. let's take a look at the maps. the speed sensors are fine. i got word of a disabled vehicle going on the onramp getting on southbound 880 that's over here where that little hazard mark is. worried about that person in the car, if that car is not running then that person will get cold because the heater is not running either. we'll track that. a live look at 880 south of that shot. 880 with the headlights southbound looks just fine. light traffic getting by us without a problem. we'll watch that transition. back to you.

thanks, mike. still struggling to survive. good morning on "today in the bay," the employee furloughs disneyland and california add ven tuture just announced. plus, bankruptcy deal jcpenney is reaching that could save about 100 stores and thousands of jobs. you're watching "today in the bay." ♪

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tri-valley we have had some very chilly temperatures in a lot of our valleys and some spots are starting out below freezing. we're going to be in the mid-30s in the tri-valley and holding steady there and a slow warm-up ahead. we'll talk about what's ahead in the forecast even going into the weekend coming up in a few minutes. and it's cold and cool -- i'll just say cold out there around san mateo where there's a construction zone. 101, you see the light traffic. reports of a pedestrian in the area. folks are not feeling lonely. they are happy they don't have to slow down for any metering lights. none yet. good morning. i'm rahel solomon at cnbc headquarters. wall street looks set for a missed opening this morning

following yesterday's rally sparked by news by pfizer on its coronavirus vaccine. the dow and s&p 500 hitting new record highs during the session, the dow up more than 1,600 points to close well off the levels but still close up more than 800 on the day. the best one-day gains since june. the airlines, the hotels and travel sites all surged and those related to stay-at-home, zoom, amazon and netflix, fell, pulling down the tech heavy nasdaq. the faa is in the final stages of reviewing changes to boeing's 737 max. the agency's chief telling reuters the process could be completed in the coming days. sources say the faa could lift the grounding order on the max as soon as next week. airlines will still need to update software and train pilots on new safety procedures. southwest has said that it will not schedule flights with a max until next spring. and a bankruptcy court has signed off on jcpenney's plans

to sell retail operations to a group led by two mall owners, simon property groups and brookfield asset management. the real estate and distribution centers would be owned by its creditors. it filed for chapter 11 on may and says it's on track to exit bankruptcy this month. it could potentially save 100 stores and thousands of jobs. marcus and laura, back to you. >> when i think of jcpenney's, i think of my childhood. >> my grandma. >> thanks, rahel. >> definitely. well, working to fill cabinet seats. next on "today in the bay" the growing list of california leaders that are on the short list to become a part of president-elect joe biden's white house team. we'll be back with more.

here we go for you on this tuesday morning, a terrific tuesday. oh, yes it is. taking a live look at the bay bridge there. a beautiful start to our tuesday morning. a cold start, that is. 4:46. dark and early for you and the temperatures, kari, well, they're delivering again, another cold start to the day. >> i call it a teeth chattering tuesday, i guess, because we've had some really cool temperatures. i want to show you our records and where we think we may be heading. we normally get our low temperatures, the lowest temperature around sunrise. so the forecast for santa rosa

is 27. the record is 26. we're going to be very close here and then looking at napa while the forecast is 30 and the record is 31, we may set a record there. we are going to be very close around a lot of our microclimates and we're watching those temperatures continuing to fall early this morning. here's where we are right now as you get ready to head out the door with those temperatures in vallejo now at 41 degrees. we're at 38 in hayward and it's 45 in san francisco. as we go into today we are going to have pretty much the same temperatures as yesterday reaching mostly into the upper 50s and low 60s, up to 62 degrees in morgan hill and gilroy today will see a high temperature of about 63 degrees. moving over to the east bay we're looking at some low 60s, too. walnut creek 61. observing, 62. along the coastline some upper 50s here with daly city reaching 58 degrees and san francisco a lot of 50s here, too. a few spots like the mission

district reaching 60 degrees and sonoma will reach 61. so we've had this kind of weather for the past few days and we're getting used to it. we're not looking at much of a change in our weather pattern until late thursday. here we are at 10:00 and we're starting to see some light rain moving into parts of the north bay. so pretty much all day thursday is looking dry and we start to see the rain moving in late thursday night into friday and we may start our morning commute on friday with some off and on showers moving through. looks like even through friday afternoon into early saturday morning we're still looking at some waves of rain coming in but then gradually drying out on saturday as well as sunday. so if you're making weekend plans, it looks like saturday as well as sunday is looking good. we're going to get the rain before that and a lot of our computer models are showing the possibility of getting some decent amounts of rain throughout the weekend. the north bay rainfall totals closer to a half inch possibly closer to an inch of rain. most of us getting about a

quarter to half an inch of rain. models are kind of backing off on how much we're going to see but the sierra looks like some decent amounts of snow here close to a foot of snow throughout the weekend. we don't have to deal with any of that this morning, mike. how is it looking for the commute? well, kari yesterday i did see a little tiny bit of frost on some clover that was in the shadow yesterday morning. i took my dog for a walk. that's my report. to the roadways for today. a smth drive right now. no problems as far as traction on the roadways. a smooth drive. we are looking at 101 in san mateo, the redwood city area. someone is reportedly walking through the area. note folks do have their eyes on that person, nobody in the lanes of traffic, though and getting over to 92 north of that comes over to 101. the taillights in the westbound direction heading to the peninsula just fine. that's your main commute direction but both moving smoothly. no wind advisory, just cold

across the bridge. back to you. laura? >> thanks so much, mike. 4:49 right now. golden state could be well represented in president-elect joe biden's cabinet. state attorney general xavier becerra is on the short list to lead the department of justice. former ebay ceo meg whitman is reportedly being considered for commerce secretary. and l.a. mayor eric garcetti could lead the transportation department. leaders in silicon -- in san jose's silicon organization will clear up some questions surrounding controversial election ad that sparked calls for racism. it targeted a city council candidate who wanted to defund police. three board members stepped down and the internal investigation was launched. today's meeting takes place at 1:00 p.m. pg&e credits newly installed

devices for doing the job intended in lowering the scope of recent power shutoffs. during the past year crews have installed hundreds of sectionalizers that can stop the flow of electricity breaking power delivery to smaller sections which better isolates high danger areas. a spokesperson tells "the mercury news" about half as many customers experience shutoffs with fewer lines to inspect when power is restored. leaders in the north bay are meeting to discuss the destruction from the glass fire. it sparked in late september burning in napa and sonoma counties. napa supervisors will give a report on the fire and how pg&e is working with the county on cleanup efforts. the glass fire burned more than 67,000 acres destroying over 1,500 structures which devastated harvest season for several wineries. disney cutting jobs at its southern california theme parks. disneyland and california adventure have been closed ever since the pandemic started and

there's no word on when they could reopen. disney is not telling how many employees will be furloughed. back in september disney announced the layoffs of 28,000 workers. there's no word on how many employees will be furloughed this time around. well, coming up next on "today in the bay," a buzzer beater. the return plan reached between the nba and players with changes coming to the upcoming season. and happening now, a person dies after a battle with covid-19. he was one of the most recognizable people for decades and served as a senior negotiator in talks with israel. he actually admitted to -- was admitted to the hospital last month after testing positive for the coronavirus. he was 65 years old. we'll be right back. by harnessing california's

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welcome back. 4:54 this morning and 49ers wide receiver kendrick bourne back on the covid list. he did not play in last thursday's loss to the packers because he tested positive. the next day the niners removed him from the list after two straight negative tests. the team won't confirm this time if he again tested positive. they play the saints on sunday. the nba is coming back. the league and players association just struck a deal on rules for the upcoming season. teams will play a 72-game schedule which will be revealed in the coming weeks. salary cap and tax level will remain unchanged. training camps are expected to start december 1st. blue ivy carter is set to narrate the book for hair love. the 8-year-old daughter of

beyonce and jay-z will read the book based on the oscar winning short film. that story which follows an african-american dad attempting to do his daughter's hair for the first time took home an academy award in 2020 for the best animated short film. last may it was released as a children's book. >> very cool. 4:56. trending, lil nasx releasing a new song called "holiday." >> don't go to 2020. >> this is just a teaser for the song. it really gives you that "back to the future" vibe. michael j. fox is a part of this. the song is set to be release this had friday. i can't wait to hear that. >> don't go back to 2020. next on "today in the bay," a notable resignation in the department of justice. this comes after the attorney

general gives prosecutors permission to investigate voter fraud. our washington insider breaks it all down for us. plus, covid-19 and the classroom. a live report on the growing debate happening today at two bay area school districts is over. when to resume in-person learning. also, how parents and students can weigh in on that process. we'll sort it all out. you're watching "today in the bay." ♪

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right now at 5:00 transition turmoil. the pushback president-elect joe biden is facing as he zeros in on key issues before taking the oath of office. the new response from the justice department. plus -- >> it's not really a race against each other but really a race together, to get to a point where we can put an end to covid. >> new questions raised about how a vaccine will be distributed and how soon it may become available for everyone. and the growing debate over in-class learning. two more bay area school districts hope to finalize a return plan. the plan for teachers and parents to weigh in on this issue. "today in the bay" continues right now. a very good tuesday morning to you. thank you for joining us. i'm laura garcia. >> and i'm marcus washington. mike keeping an eye on the commute this morning.

first those cold temperatures. meteorologist kari hall is looking at that. how long are those temperatures going to stick around? it's going to be a while. we have more mornings like this going into the rest of the week. and we're even seeing some freezing temperatures in parts of the north bay but we will stay clear up until about thursday. we'll start to see our next storm system coming in bringing some rain late and we will see off and on showers throughout the first part of the weekend. here is where we are right now if you're about to head out the door. we are seeing some of those freezing temperatures especially in the interior valleys. we'll have more on this in a few minutes. mike, how is it looking right now for the drive? kari, the speed sensors look fine for the freeways but we have a very serious incident to the south bay as we look at your maps. your main commute nothing unusual but in san jose we just got word from san jose's police department they have closed the intersection of brokaw because of a deadly crash there. avoid that for the