freeway overnight. the latest on the search for the gunman. plus -- it doesn't go all the way but it takes us down the path. a first step. >> lawmakers reach a relief deal on capitol hill and our washington insider breaks down when you can expect another stimulus check. and a brewing battle on outdoor dining, supposed to be off limits. one bay area leader is planning to cook up possible opposition today. a good tuesday morning to you. thanks for making us a part of your morning. i'm marcus washington. >> and i'm kris sanchez in for laura garcia. we know that we've been dealing with patchy fog which is troublesome both for mike and kari. good morning, kari. good morning. and, yeah, for some people it really didn't clear up and it took a long time in other spots. and so as we're starting out with some clouds this morning, it already shows that we're seeing a change that will lead

to some clearing for this afternoon, but it's still cold and we have a frosty start. our air quality is pretty bad. spare the air today as we'll look ahead. we have some rain in the forecast. we'll talk about that in a few minutes. mike, how is the commute rolling right now? >> kari, our maps show a similar issue with the fog. it's shaded in orange and amber on the maps. it's not as widespread on our maps as we saw yesterday. kari is giving those notes. looking to the altamont pass where there is some fog and then getting over to the oakland area, enable my map. having trouble waking up. there's a new crash. reports of a car fire now northbound 880 at the marina on ramp near some dealer sh erdeal. i believe because we've had cold nights there's another report of a fire right near the on ramp over there at buchanan for the east shore freeway as well. no lanes blocked. back to you, kris. thank you so much. breaking news out of san francisco where the chp is investigating a deadly freeway

shooting that happened overnight. it happened at the cesar chavez ramp on southbound 101. you might be familiar with the area. it happened late last night. the investigation closed all lanes for several hours. the scene is now clear but from that video overnight you can see two cars, one of those cars plowed through the off ramp barriers. the chp only confirming that this is a homicide now not how anything happened and not confirming anything about the victims either. our cierra johnson is talking with chp and will have a live report for us at the bottom of the hour. now to a live look for you this morning at capitol hill where talks went down to the wire, but a new covid relief bill is coming our way. it's becoming law. the senate passing that $900 billion package just before midnight following the approval in the house. president trump should sign the bill some time this week in

theory. we'll see what happens. "today in the bay's" chris pollone is live in washington to talk with us about what this all means as so many families are listening are their whole hearts, chris. >> reporter: kris, marcus, absolutely right. and what this means is for people and businesses that have been suffering throughout this pandemic some help is finally on the way. some stimulus funds could be released as early as next week. congress passing a new coronavirus relief package just before midnight. $900 billion with aid for struggling families and businesses. >> it doesn't go all the way, but it takes us down the path, a first step. >> a big bipartisan majority of us recognize the incredible amount of good it will do. >> reporter: $600 for people making less than $75,000 a year and couples up to $150,000 with more for dependents living in

the same household. more forgivable loans for businesses and for the jobless $300 more weekly in unemployment. >> if you're out of work, $600 isn't going to do much. but $300 a week is huge. >> reporter: the vote coming on the same day president-elect joe biden publicly got his first dose of the covid-19 vaccine. looking to vaccinations to help pull the nation out of a devastating explosion in cases. it includes billions for transportation, schools -- >> there's some money in there for vaccine distribution. there needs to be more. >> reporter: the vote heads off a shutdown of the federal government which is funded through next fall. chris pollone, nbc news, washington. >> so we do have more details. the new relief bill has some specific implications for those struggling here in california. for one, when all is said and done, some californians may end up receiving up to 70 weeks of pandemic-related jobless benefits. also there's $14 billion allocated for transit agencies

including ours here in the bay area. it is still far less than the $32 billion requested. b.a.r.t. expects to receive $377 million, which is the most for any transit agency in the bay area. 5:05. restaurants and stores sit empty across the bay area. the latest regional stay-at-home order. with each passing day more business owners wonder how much longer can they survive. "today in the bay's" jackie ward is live in san jose, san pedro square, with an effort to keep them afloat. jackie. >> reporter: good morning, marcus. this is something business owners across the bay area have been asking for for months now. the data that proves transmission of the virus is happening inside their establishments, restaurants are limited to takeout service only right now. and they say they can't survive on that alone. retailers, while still open, can only operate at 20% maximum capacity. in san francisco today supervisor matt haney is

expected to introduce a resolution at a special hearing asking for clarity on how outdoor dining is impacting the spread. >> we're calling for an emergency plan to step in, to provide additional grants and loans. the federal government just came out, said they're going to deploy additional ppp loans for businesses. i want to make sure we're ready to get those in the hands of businesses and to support them in applying. >> reporter: down in san diego county restaurants are now really in limbo. it's tied to the battle that started when two strip clubs sued over closure orders. some businesses are defying an injunction that came down late friday blocking the lower court decision that seemingly allowed restaurants to resume on site dining. when the governor's office requested an immediate stay the state appeals court weighed in. enforcement has not yet resumed. the bay area stay-at-home order is set to expire on january 7th, but it is possible it may be

extended. jackie ward, "today in the bay." jackie, thank you. san francisco's return to the classroom plan now falling apart. supervisors will also talk today about what can be done to speed up the process. so last friday the school board put the brakes on the first returns scheduled for the end of january. right now there's no new return date. mayor london breed is among those blasting not only the school board but the union saying that more efforts need to be made to get children back into the classroom. california's covid outbreak is now the worst in the country right now just about. our state just moved into the darker blue category. as you can see on the map on your screen there are now 109 confirmed infections for every 100,000 people. it is circulating in the community. only oklahoma, texas, and tennessee have a higher rate. and the total number of infections in the state is now approaching 1.9 million people. there are also more than 23,000

people confirmed to have died of covid-19. and we turn now to our race for vaccine coverage for you. nearly 40,000 doses of moderna's vaccine will arrive in santa clara county. that relief can't come soon enough for those on the front lines of the pandemic. meanwhile san francisco still working to vaccinate 80,000 health care workers. paramedics are included in the first round of the vaccinations. some city firefighters who the cdc recently recommend be included in the second round of vaccinations are raising the red flag over not being included in the first round. >> our members, whether or not they're on an ambulance or fire apparatus, they're at the forefront, they're walking into the unknown. >> among those firefighters union leaders with san francisco police departments say that they are waiting on word on a vaccination schedule as well. and happening today more high-profile and public vaccines are on tap. infectious disease expert dr.

anthony fauci is set to get the first dose of moderna's vaccine. secretary of health and human services alex azar and the director of national institutes of health will get the vaccine. our website is a great resource for all of our pandemic coverage. you can find ongoing updates on vaccines and also testing locations in your community. just go to nbcbayarea.com. and now we want to take a live look outside in san jose. also in san francisco where it is another chilly start to the morning across the bay. you're going to want to bundle up before you head out and blast the heat in your car, even if you're in the house you might need to put on some fluffy socks, kari. absolutely. we're trying to do what we can to stay warm. i love my heated blanket that is definitely a necessity right now because we've had to deal with these cold temperatures throughout the past several

mornings and the fog, too, which, in my opinion with all of the dampness, makes it feel a lot cooler. we're going to see low visibility in some spots especially in the north bay. as you make it through the tri-valley the commute is starting out clear and temperatures in the 40s. we will stay mostly in the 40s throughout the morning, but there should be some clearing today. we'll talk about some rain in the forecast coming up. mike, how is it looking now for the commute? kari, we're looking at a smooth drive. i do want to take folks back out to the map and point out a couple of things. i've circled 580 westbound which is 80 eastbound. it's difficult. that's basically the east shore freeway getting away from the bay bridge at the buchanan on ramp. there's a report of a fire. it may involve a metering light but there's a car nearby. that was the confusion from the report. lanes seem to be clear but a fire crew may block one at the on ramp. the crash seems to not be a problem for traffic getting through. the speed sensors look great. the tri-valley a little more

slowing as we look at the live look. we don't have a problem. there may be fog out of the altamont pass. we will zoom over for the next report. for now back to you. a dangerous and strange occurrence still ahead at 5:25 on "today in the bay," the unusual escape two passengers made from a delta flight while it was taxiing on the runway. plus -- ♪ wax on, wax off. those who know, know. those who don't, listen up, kids. the stars of "karate kid" reunite on zoom and what they're revealing about the filming of that cult classic. we'll have more of that here on "today in the bay."

right now at 5:13, napa, you're feeling the coldest temperature across the bay area, a few degrees above freezing. we are going to have another cool day but with some more sunshine. we'll talk about that and rain in the forecast coming up in a few minutes. well, good morning. a very happy tuesday to you. you know how facebook and google are suddenly facing lawsuits from states and even the federal government over antitrust issues. well, "the wall street journal" this morning says facebook and google got together back in 2018

to team up to fight those accusations if they were to ever come. "the journal" quoting facebook's sheryl sandberg as saying the agreement was, quote, a big deal strategically. "the journal" reporters got access to an unredacted version of the lawsuit where they learned of that agreement. the lawsuit, which was brought by ten states, alleges google made agreements with facebook not to compete with each other's online advertising efforts. that could certainly be illegal under antitrust statutes. the second part, the idea of teaming up if accused of antitrust, is not illegal but shows the companies were aware their activities might lead to an antitrust lawsuit. waymo is expanding, taking up more office space in mountain view. more than 170,000 square feet of office space to be used when people come back to the office. eventually. stocks did way better than i

would have predicted on monday. looked bad at the start despite the promise of the new coronavirus bill because of all those worries about that new strain of coronavirus spreading through england. kris and marcus, you'll be hearing more about england and the uk the next week or so. not only is it dealing with this new strain of coronavirus with draconian lockdowns in london, it's been cut off from the rest of the world because other countries are afraid of the spread. and then on top of that the deadline to make a deal on brexit comes in less than ten days. if they don't do that with the eu they have no trade deals when they drop out at the end of next month. so it's one of those situations, marcus, where it's maybe not as bad as it was in the 1940s, bombs falling on london. i'm saying this with a straight face. it's just about as bad. >> all right. thanks, scott. well, here we go at 5:16 for you this morning. the clock is ticking just two days left before christmas.

target says its customers can actually use its contactless same day pick yum and delivery options until 5:00 p.m. on christmas eve. and walmart, they want to tackle one of the online shopping biggest drawbacks, the dreaded return. they've partnered with fedex to launch a program that allows customers to schedule that pick yum and return of a product. you can schedule it from walmart's webpage or app. and trending for you this morning a blast from the past for anyone familiar with the mantra wax on, wax off. >> right circle. left circle. >> oh, yes. the stars of the classic "karate kid" film reunited for the youtube series reunited apart which helps raise money for action against hunger. the stars talked about auditioning for those roles and now who played mr. miyagi.

he constantly practicing karate. >> we shoot the scene and then we go over and billy and i would run a piece of the fight sequence, certainly the ending fight. that stuff was like a ballet once we got to do it. >> the youtube series has reunited countless stars from movies like "lord of the rings," "ferris bueller's day off," ands "back to the future." this is made with two slices of spam and then it's topped with crushed oreos. there's mayo on top of that. the sandwich is a limited menu item being sold right now in china on mondays. i guess there's not much of a market for it. they plan to sell about 400,000 of them. i think it might be sponsored by a cholesterol drug. >> no, i see kari's reaction.

kari, i know exactly right. see, i have spam here this is a staple in our house. we are sheltering in place. got to have it. you want velveeta on top because that keeps it healthy. >> ew. >> i just remember as a kid growing up -- >> fry it up. >> i remember as a kid -- >> there you go. >> my mom would say, it's just like ham. i'm like, no, it's not. that's just my opinion. not hating on anyone who loves spam. >> i think it's more delicious than ham. >> i'm not hungry. and she would say, you're not going to eat. >> it holds its shape really well. >> marcus is starting fasting right now. >> let's get a look at the forecast. 5:19 this morning. kari, how is it looking out there for us? a spam of a day. >> i couldn't even at that. that was so nasty. okay.

let's talk about what's going on with our commute. as we start out this morning let's take a live look outside in dublin. yesterday we had some fog rolling through. now it's all clear. we're also dealing with unhealthy air quality . if you are going to be out in the south bay limit your time outside if you have breathing problems. we have all of this wood smoke pollution that's been trapped in the valleys and our temperatures have been reaching into the low 60s. some upper 50s for the most part as we are going to see our cool temperatures continuing today, but, remember, no wood burning. as we go through the forecast, we are going to see the approach of this storm system just in time for christmas. i think it's going to be a nice little gift from santa. as we go into the weekend, rounds of rain coming in. off and on showers. we're going to have a movie and game weekend anyway. might as well be raining outside. snowing in the sierra. we'll see a couple rounds of that coming in throughout the weekend. and there will be some breaks in

between. some of our models are showing the possibility of getting about a half inch of rain for parts of the south bay between those two storm systems coming in and over an inch of rain for the north bay which is much needed at this point. and the sierra could see some heavy amounts of snow, at least a foot or two in some of those upper elevations like kingvale reaching up to 24 inches of snow. dry for the next few days. no worries about that. it's just going to be cold during those morning hours and rain coming in during the afternoon starting on christmas day into the weekend. mike, you've been watching the commute. i hope you've put that spam away. let's talk about what's going on on the roads. kari, the spam will stay there and it'll stay good for a long time. looking out to the roadways, they're good as well as we look at the green sensors. no green eggs and spam. we have green sensors in your commute around the bay. we zoom out to the altamont pass. a little slowing for westbound

580 and 484. no surprises for this pattern of light traffic. that's where the fog is registering. yesterday it was covering vasco road. today just touching the area. it's not an exact science. we're looking at the possibility still out of byron and brentwood. use caution if you're heading down to 580. contra costa looks like a great drive. there is a crew around the robin williams tunnel toward the golden gate bridge. the bridge view is clear and no problems in either direction. back to you. now that the vaccine is rolling out, can your boss stand in the way or require you to get it? i'm consumer investigator chris chmura. we have some answers next. but first, our team always on social media. be sure to check out our synced in show, the holiday edition featuring family favorite christmas recipes. i got to make charros right from

my kitchen. it was pretty fun. check it out. nbc bay area is where you can watch the whole thing. you're watching "today in the bay."

>> reporter: millions of people are still working from home, but many businesses are planning to call workers back to the office when it's safe to do so. mandated temperature checks and required health protocols have

gotten regulators green lights. but with the vaccine now rolling out, we wondered whether your boss can require you and your co-workers to get the vaccine before coming back to the office. or on the flip side whether an anti-vax boss can prohibit employees. we posed those questions at the state and federal level. the answers are less straightforward than we prefer. let's start with uncle sam. here is what the equal employment commission says, the commission continues to closely monitor the developments of a vaccine and under the americans with disabilities act and title 7 of the civil rights act of 1965 and the other laws the commission enforces. basically stay tuned. but the eeoc dropped a hint, it shared this q&a about the flu vaccine. question, may an employer public or private compel all of its employees to take the influenza

vaccine? answer, no. one caveat. that guidance appears to only apply to businesses with 15 or more employees. as for a boss who might prohibit from you getting a covid-19 vaccine, we didn't get a response. at the state level we asked the california department of fair employment and housing the same question. the department said we do not have public vaccine guidance at this time. there's plenty of time to develop new rules. dr. fauci says people with no underlying health conditions might not get vaccinated until march or april. if you feel your boss has instituted an unfair vaccine policy you can open a complaint with the fed, the state, or both. now to the strange occurrence that happened onboard a delta flight at new york city's laguardia airport. two unidentified passengers forced open the cabin door of the plane and then fled down an emergency slide shortly before takeoff. the plane, which was heading to atlanta, was taxiing at the time.

it returned to the gate. the other passengers were placed on alternative flights. what the two were doing, we don't know yet. >> why would they want to do that? fraud fallout. the new report highlighting the steps lawmakers should have taken to prevent the flood of phony jobless claims at the state's edd. plus, the cold case that went more than three decades. well, we are hearing from 9-year-old michaela garecht's mother about the answers she's finally getting. in a land not so far away,

people are saving hundreds on the most reliable network with xfinity mobile. they can choose from the latest phones or bring their own. and choose the data option that's right for them. they even get nationwide 5g at no extra cost. and since they are on the carrier rated #1 in customer satisfation, they live happily ever after. again, again! xfinity mobile. your wireless. your rules. your way to stay closer together. click, call, or visit an xfinity store today.

for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa

a deadly shooting happening overnight. a live report on that investigation unfolding. plus, a dire fight for frontline workers. the hospitals across the state now forced to turn parking lots into treatment centers for covid patients. all of this playing out as a mutant strain spreads infections across the united kingdom. >> i believe intuitively it's already here. we learned this lesson the hard way. and we're not going to go through it again. >> the new requirements some international travelers will now have to meet starting today. "today in the bay" continues right now. and a good morning to you on this terrific tuesday. thanks for making us a part of your morning. i'm marcus washington. and i'm kris sanchez in for laura garcia who has time off with the kids. we'll start with kari hall and some fog that might make mike's

job a little difficult this morning. yes, especially in parts of the east bay and now the north bay as we've seen that fog rolling through. it's mainly clear in the south bay as we take a live look outside in san jose. it's cold and we've had frosty conditions in some of those inland valleys with the fog as well. it's also a spare the air alert day with unhealthy air quality. this christmas we're getting ready for rain. we'll talk about all of that in the forecast coming up. mike, how is it looking for the commute? well, we'll start with a live look at the bay bridge toll plaza. it is a terrific tuesday. i sometimes call it traffic tuesday but not the tuesday before christmas, although we are seeing more cars in this live shot. as we look at the map we have no slowing except for a tiny tad bit at the sensors at the toll plaza and the fog, yes, in the same region as yesterday. not quite as extensive. still warnings for folks throughout the north bay, east bay and parts of the tri-valley. a little build for highway 84

cutting through pleasanton and livermore. back to you. that breaking news this morning, bullets flying on 101 in san francisco overnight leaving one person dead. "today in the bay's" cierra johnson is live with the latest on that investigation this morning. cierra? >> reporter: yes, good morning, marcus. chp is leading that investigation and as you mentioned one person died. we've been reaching out to chp to get more information on what led up to that, and as soon as we get that information we will bring it to you both on air and online. right now we do know that situation played out late last night. and if you were in the area of southbound 101 near cesar chavez this is what you may have seen. a lot of traffic there as those investigators work to comb through the scene around 11:00 last night. that's when our cameras were there. you can see two cars with damage near the shoulder of the ramp and that traffic really slowing down as investigators work to piece together exactly what happened. that ramp remained closed for a

number of hours, reopening a little after 2:00 this morning. that scene now open, but the details are still very limited. we're working to get some clarification on what played out before that crash and who else was involved and where those other individuals may be at this moment. right now the freeway is open but one person is dead following that situation that played out late last night. we're live in san francisco. cierra johnson for "today in the bay." all right. now to the pandemic and icu beds continue to be in short supply all across the state. only 2.5% of icu beds in california remain available. in the bay area san mateo, santa clara and solano counties are all in the red with fewer than 15% of icu beds open. marin county has no icu availability. that means they're using so-called surge beds to handle the overflow. the county is also using a

different calculation than the state to determine its percentage of available beds. as nbc's miguel almaguer reports, los angeles county averaging 13,000 new cases each day now has no icu beds. >> reporter: good morning. the need to turn parking lots into sidewalks is in part fueled by holiday travel. and doctors say far too many americans are hitting the road for christmas. just over the weekend more than 2 million took to the skies alone. officials say the numbers here are going to only increase. and california may now be the epicenter of the covid crisis. coming up on the "today" show we'll take you inside hospitals like this one and show you what doctors and patients are facing. i hope you can join us. here in the bay area and the rest of california now just trying to adjust to the real possibility statewide stay-at-home orders may be extended past their original end date. governor newsom made it pretty clear during his update yesterday. right now the first stay-at-home order set to expire is the san

joaquin region one week from today. icu beds there pretty much nonexistent. the bay area's order due to expire on january 7th. any extensions will likely be announced in the coming days. a live look now at sfo where there's still no official change in strategy for testing passengers who are arichg frrivm the uk. new york state is already taking action as they are now requiring arriving uk passengers to test negative before they can come off the plane. lots of european nations have already banned travelers over the new faster spreading coronavirus strain. what we know is that experts say the vaccine should work against it to protect you and that there's no evidence that it's reached the u.s. at this point. travelers have mixed feelings about whether we need more restrictions. >> i don't necessarily think we should be testing everyone constantly. >> pump the brakes.

let's take a broad look at it. >> i think that's a good thing. i think it's a lot to ask, but i think that for everyone's safety it's necessary now that we have a new strain. >> now some experts say the new strain is up to 70 times more contagious, but others are wondering if maybe some of that increased spread is really because more brits are on the move. the arrival of a vaccine popping up new hopes cal state colleges will return next fall. dr. anthony fauci is among those touting enough vaccinations by next fall for colleges to reopen everywhere. "the examiner" reporting he talks about this during a live stream conversation over the weekend. this is with cal state's chancellor. cal state schools do not have yet a vaccine plan in place but white does expect most students to be back on campus come next august. a new initiative promises to

help people who are struggling to make it in the east bay. it pairs berkeley landlords up with people who are planning to exit from homelessness. according to berkeley's side the city is offering the landlords a $1,000 incentive for participating. and they said the criteria for future renters. they're guaranteed ontime payments and a 24-hour support line where they can contact someone if an issue arises. there's also support for those tenants after they move in. spreading the holiday cheer, one box at a time. the bay area rescue mission holding its annual boxes of hope for christmas event that starts at 8:45 this morning at the rescue mission parking lot in richmond. the group plans to give out around 600 boxes of food to those in need. and the lines were longer at the sacred heart food giveaway in san jose yesterday. take a look at this. the organization says it's seen an influx of children and adults. volunteers also delivered those

food boxes to homes of the elderly. the holidays are a tough time for so many bay area families especially in this particular moment in time, but we know that other families are in position to help. the next time you're at a safeway you can make a $10 donation that will go to our food banks and they do such a great job of turning that money into so many meals. our nourishing neighbors drive continues through december 29th. all right. 5:39 this morning. this was a big talker yesterday. hopefully the skies were clear for you last night so you could see it. jupiter and saturn. let's forget once-in-a-lifetime. the last time they were close enough it was in the middle ages, 1226. not 1226 time wise but 1226 the year. people nicknamed it the christmas star. and our resident stargazer scott budman tweeted out this image

you can see here. this was taken from a home telescope and you can see -- it's pretty cool to see. i know, kari, you were talking about this. did you get a chance to see it at all? >> i did get to see it for a little while before the fog rolled in and it was pretty cool. just something to look at and take our minds off what's happening with the pandemic. and just look up and be amazed by what we have going on not only here but beyond earth and one of the pictures. you can see some of the moon from saturn. that was a nice shop and hopefully you will be able to see it tonight. it won't be as close and sunset happens at 4:54 in san jose and after that you'll be able to get your spot, hopefully it's clear for you tonight and you'll be able to watch it again tonight. we'll talk about more clouds and rain coming in in the forecast coming up in a few minutes.

mike, what's going on for the commute? there's a little build. it's christmas week and we're looking at a light know as is tradition on the map. that means green sensors with that fog, amber orange on the map. many patches just like before but not here out of the alat this month. so much -- no problems for vasco, at least none reported. there's a little build through highway 84. over to the bay bridge is just fine. no backup at the toll plaza. we'll take a live look at oakland, 880 where traffic flows smoothly. no overnight crews between 23rd and 29th, so that's not been a problem. we'll talk about the peninsula coming up. marcus, back to you. >> thanks. tipping off the season next here on "today in the bay," the players who won't be on the court during the warriors' big opener later today, and what the nba commissioner is saying about vaccinating teams.

congress has passed a massive bill that brings relief to american families and help for the dalai lama. i'll go through it with you coming up. plus, a former president's play list. barack obama sharing his favorite songs of 2020. the top tunes that made the cut.

right now at 5:44 fog

rolling through the north bay and it's not as thick as it was in the east bay as yesterday. we are looking at foggy conditions to start. all of that coming up in a few minimum. while we do have that foggy issue, the warning for the north bay, highway 37, the golden gate bridge no problems. here is palo alto. you will find road crews through san mateo county. be aware of that and we'll show you what else is changing coming up. today the man investigators say abducted and killed hayward girl more than 32 years ago heads to court. the convicted killer, david misch, was just arrested in the cold case investigation. he faces murder and kidnapping charges. he's already serving time in prison for the murder of a woman in the hayward area and facing charges in the killing of two women in fremont back in 1986.

investigators say misch abducted michaela garecht in november of 1988. her mother now living in iowa and suffering from terminal cancer. >> i'm not really afraid of dying. it seems like a great adventure and to know that i have michaela there on the other side when i get there. >> hayward police not revealing the evidence that led to misch's charges and still have not located michaela's remains. conservative media is backing off its unproven claims that voting machines were rigged in order to help elect joe biden. >> scott mcgrew, fox news and newsmax are in full reverse on this one. fox news has been running the same segment on its shows where it interviews experts about the elections who disprove many of the allegations made over the course of the past few weeks by other guests on fox

news about voting systems. and fox news is not the only one to go into full reverse here. newsmax, a news channel the president often quotes, posted statements to its website doing much the same titled facts about dominion smartmatic you should know. no evidence has been offered that dominion or smartatic used reprogrammed software. neither has any relationship with george soros. it is a u.s. company not owned by the venezuelan government, hugo chavez or any official foreign. the so-called elite strike force of legal experts and then repeated by many pundits on fox news and newsmax. sydney powell, rudy giuliani and jenna ellis never offered any proof of allegations. bill barr, meanwhile, rebuffing the president's call to appoint a special counsel to investigate joe biden's son hunter.

here is the attorney general. >> if i thought a special county stage was the right tool and was appropriate, i would name one, but i haven't and i'm not going to. congress passed the coronavirus relief bill. you know that, a spending package as well that will keep the government open. it's more than 5,000 pages. and lawmakers have complained, quite rightly, they didn't have time to read it. there's a lot to go over as far as whether you'll get a check and what it means for your family. so stick around. our chris pollone will go over that with you in 20 minutes. important information. people are already talking about or complaining about the bill online, wondering why the coronavirus bill includes money for foreign aid, even a line about the dalai lama in it, that he should be the true leader of tibet. it's the coronavirus bill, the government spending plan,

assorted other things all crammed into one document. for instance page 4,073 deals with murder hornets. the mention of the dally ai lamn 5,099 and protecting salmo in california on page 130. that must have been a priority. we're going over the bill, of course, and tweeting about it. i'm @scottmcgrew. all right, thank you very much, scott. 2020 hindsight worth about $2 billion for the state of california which experts say seriously dropped the ball when it came to those unemployment payments and fraud. the "l.a. times" is out with a scathing report on simple things other states did which california did not that lawmakers say would have prevented the flood of phony jobless claims at the edd

including not using software to ferret out bogus claims and full social security numbers in items sent to mailboxes. one prosecutors tells "the times" the fraud may be up to $4 billion. san diego county health leaders say they're having a difficult time enforcing restrictions on recounts. last week a judge decided that restaurants and strip clubs could open up, but then the state appeals court block the ruling. that's where things officially stand. health leaders say the back and forth and lack of support from some local politicians are making rules hard to enforce. warriors fans everywhere waking up ready to roll because they tip off tonight in new york. their first meaningful game since march 10. they'll be without draymond green who has injured his foot. and klay thompson out for the season. but steph curry is healthy and

he likes the feel of this team heading to the season. >> it's pretty awesome knowing there are so many different guys have different backgrounds and stories and a lot to prove this year. that journey will be awesome. >> the warriors will be exempt from the standard quarantine rules when they return but that waiver won't be tested for more than a week. now the warriors play their first home game new year's day against portland. and nba players won't be getting any preference when it comes to covid vaccines. adam silver is going to talk about that and more with craig melvin on the "today" show coming up right after "today in the bay" at 7:00. well, trending for you this morning former president barack obama is sharing his favorite songs from twe2020. ♪

>> i like that one. obama's play list covers all kinds of genres including another big hit like "savage" by meghan the stallion and beyonce. i like that one, too. dua lipa is on repeat. >> that's a fun one. >> a good one, right? >> remember the dance? >> it doesn't require the vocal range you have, marcus. >> what did you say, mike? >> i'm wondering what biden's play list will be, if he will release that every year. >> lawrence welk. >> he might surprise us. who knows? >> you never know. >> i think he likes bruce springsteen. all right, kari, what's your song of the day?

>> i don't know, something about fog. i'll have to look and see. that's what we're seeing this morning as we take a live look outside in walnut creek. it is hard to see out there right now. visibility is getting lower and we've seen the fog rolling through along with cold temperatures. we're at 38 degrees in brentwood. 47 in san jose and 47 in oakland as well. so if you're going to be heading out today i know yesterday it was so foggy in brentwood and not much clearing. our temperatures head into the upper 50s. so going out for a walk or to the park is going to be better later on. we're up to 57 degrees in livermore, san francisco reaching 58. going through the forecast getting ready for some rain but it doesn't get here until christmas day. mostly into saturday with a

heavy round of widespread rain. we should see some clearing by saturday afternoon and then on sunday evening there will be another round of rain coming in to continue into early next week. we have two storm systems coming in. i wanted to show you what some of the computer models are putting down. looks like the north bay could get over an inch of rain. for the south bay looking more like a half inch of rain between the two systems and then for the sierra it's going to be pretty good. we haven't seen this much snow in quite a while. the potential of getting up to 21 inches in twin bridges and 24 in kingvale. that would be really great to see if that does pan out we're dry today, tomorrow, as well as thursday. and then just in time for santa to get the presents in, get back to the north pole, the rain

coming in and off and on showers going into the weekend as well as into early monday. so it's good to see the rain but it's not falling right now, mike. we're just seeing the fog impacting our commute. there we go. i don't know about songs about fog, kari, but we can sing "i'm dreaming of a wet christmas." i'm not an expert. we're looking to the maps, though, and a live look. how light the flow is at the bay bridge toll plaza. we don't have any major issues. to the bay bridge toll plaza and just a tiny bit of slowing. nothing major. circling the other areas around 242 where we saw slowing but that has cleared from contra costa county. the fog has not cleared. that's affecting highway 4 and portions of brentwood and discovery bay.

vasco road may be slower. patchy fog. do be careful. not as bad as yesterday. marcus, the rest of the bay shows an easy light drive right now. back to you. >> thanks, mike. happening now for you a new strain of covid-19 different from the one plaguing the uk and it's hitting south africa. but it appears to be more infectious than the average virus. health experts are wanting south africans -- warning south africans they may see more in the next wave. the new strain is now dominant among those new confirmed infections. and dozens of arrests in connection with southern california's shelter at home order. people partying when they're not supposed to. we'll tell you about what we know about the latest superspreader event crackdown. plus, san jose state may have to pay up. county health officials calling off the field penalty. why the football team is under scrutiny for what happened after a recent win in las vegas. you're watching "today in the bay."

we're the croods. -we are the bettermens. welcome to a better way to live. ♪ welcome to my house the croods are coming home. kinda big, isn't it? that's the mirror. -sorry. and the world will never be the same. what is this? uh, we call that a window. window. dun, dun, dun. make it a croods family movie night with "the croods: a new age". go to watchcroods.com.

that came from me. really. my first idea was "in one quarter of an hour, your savings will tower... over you. figuratively speaking." but that's not catchy, is it? that's not going to swim about in your brain. so i thought, what about... 15 minutes. 15 percent. serendipity. 15 minutes could save you 15% or more on car insurance. the we have to find just nosomething else.it. good luck! what does that mean? we are doomed. [laughter] that's it. i figured it out! we're going to give togetherness. that sounds dumb. we're going to take all those family moments and package them. hmm. [laughing]

that works. right now at 6:00, breaking news to tell you about this morning. a deadly shooting unfolding on the bay area freeway overnight. the latest in the search for the gunman. plus -- it doesn't go all the way

but it takes us down the path, a first step. lawmakers reach a deal on capitol hill and our washington insiders breaking down when you might be able to expect another stimulus check. and outdoor dining across the state supposed to be off-limits. the third hour of "today in the bay" continues right now. and here we go on this terrific tuesday. a good morning to you all. thanks for making us a part of your morning. i'm marcus washington. and i'm kris sanchez in for laura garcia. it is a chilly start to the morning. some folks maybe were stargazing late last night, kari. yeah, you may have been up late looking it at the great conjunction and now we are just seeing a few clouds moving by san jose. it's a foggy start in some spots as well as frosty temp