now at 4:30, returning to the courtroom. the pivotal decision that could come today for convicted killer scott peterson in a case that continues to attract worldwide attention. plus -- >> across the political spectrum, repudiation effort to gavin newsom takes a major step forward. what comes next in the process, and when you get to decide. also a possible game changer for your water bill as the state deals with looming drought conditions. the decision coming in just hours as "today in the bay" starts right now.

good tuesday morning to you. thanks so much for joining us. i'm laura garcia. >> and i'm marcus washington. mike is keeping an eye on the roads, what you can expect before you head out the door but first let's talk about the forecast. meteorologist kari hall has been tracking that for us. kari? >> good morning. as we take a live look outside in dublin, commuters rolling across 580 through dublin, and hopefully not distracted by the super moon out there that we can clearly see because the sky is clear. temperatures in the low 40s, a chilly start to the day and a warmer afternoon as temperatures warm you were fairly quickly by late morning. headed into today expect low to mid-70s for our inland areas, even warmer air in the forecast. mike, you're starting out with breaking news. >> i am. it's not the closure thaw see but what dominates the view. the freeway throughout the bay moving smoothly except for 84. you're familiar with last week.

south bay freeway santa clara county the freeways are all right. an expressway lawrence expressway where there's police activity, we're hearing about a crash where two people died, snk kris sanchez is on the scene. it's very early but you have more information. >> reporter: it's very early in the investigation, but this crash happened just about 10:00 last night and what we know at this point is that the sheriff's department deputies were trying to initiate a stop on a vehicle when that vehicle failed to yield and took off instead. this happened just on midi way off of lawrence expressway near highway 280 right near midi sky school. the sheriffs office confirms they were trying to stop a driver and the driver took off and instead hit another vehicle. the crash was so forceful, the vehicle went airborne. >> i guess probably going pretty fast to get off the pavement. it's like a movie. it's like flipping over the air and slamming into the wall.

>> reporter: at this point, we cannot confirm who the victims are nor why the deputies were police are handling this crash investigation. they are not giving out much information about that crash right now, and the sheriff's department information is basically what we told you. so if your kids though are headed to midi high school this morning or you are headed to midi high school, you have to get here some way other than lawrence expressway because lawrence expressway is closed between glen tree drive and 280. we are still waiting to see how long this is going to remain here at the scene but it happened about 10:00 last night and the investigation is ongoing. in san jose, kris sanchez, "today in the bay." >> kris, thank you. new detailed this morning, scott pederson is scheduled to appear remotely for a preliminary hearing tied to his murder conviction. a judge will consider evidence surrounding the jurors who sentenced him to death for

murdering his wife lalacey and their unborn southern. we are likely to have a recall election as early as september. the campaign for recalling [ gunfire ] has gathered enough signatures to qualify for the ballot. "today in the bay's" terry mcsweeney tells us what to expect next. >> reporter: the effort to recall the governor secured more than 1.6 million verified signatures, 100,000 more than needed. the governor's campaign tweeted its response. the ad link recalls supporters to right wing extreists a strategy that the state republican leader says won't work. >> this is a main stream repud yigs of his failed leadership. >> reporter: dillon says the

governor's handling of the covid-19 mandemic is a glaring example but not the only one. she sights over-the-edge criminal justice reform, high taxes, the water shortage. >> it's great news for california, suffering under one-party rule headed by gavin newsom for too long. >> reporter: many see the response to covid-19 as a driving force behind the recall but that may be losing steam as covid concerns subside though that could change. >> a lot of things could happen. there could be a resurgence of a new variant, a screwup, something similar to what the governor did with his french laundry episode. >> reporter: counters have 30 days to submit signatures and 30 days where people can withdraw from the petition and the department of finance has 30 days to figure out the cost of the recall and another 30 days for the estimate.

the state will certify the signatures. the governor has majority support now and some democratic party officials say there's no need for a change. >> he is competent. he studies, he reads, he asks people for advice. he listens to them. and he goes with the best plan that he can have. >> in an interesting twist, the newsom campaign says the recall could cost the state $100 million, money that could be better spent on vaccinations. terry mcsweeney, "nbc bay area news." among the notable candidates running against governor newsom, southern california businessman john cox who ran against newsom in 2018, former san diego mayor kevin faulkner and olympian own former reality tv scar caitlin jenner. president biden will update

guidance for masking outdoors as the risk of transmission is so low that masks are no longer needed. as consensus grows on that notion, dr. anthony fauci says we can expect new guidance from the cdc soon. some people in san francisco say it's time. >> soon, very soon, clarifying the situation vees is aspree masks in vaccinated versus unvaccinated. >> i agree outdoors i don't worry about it. >> if they're vaccinated and outside, i would feel fine. >> some worry unvaccinated people drop the mask, while that announcement about the changing the outdoor mask requirements is expected soon, experts say that the white house wants to be sure to get the timing right. this is because if it's lifted, turning back would be very difficult. now to our climate in crisis coverage. mandatory water conservation is on the table in the east bay. east bay mud could ask its 1.4

million customers to cut back water use by 10%. the board of directors will decide during its meeting today. east bay mud customers live in alameda and contra costa counties including the cities of oakland, berkeley, danville and san ramon. marin county approved water cutbacks a week ago. the south bay water customers are asked to conserve voluntarily for now. growing outrage, north carolina still ahead on "today in the bay," the demand for justice and growing protests after a black man is shot and killed by police. also the action his family is taking today. watch shares of tesla today. the gains expected and the supply chain issues the company is dealing with. it's 4:38. you're watching "today in the bay."

i embrace getting older. i'm so much more confident now. but i don't love that as i age, i could develop gum issues. new colgate renewal reverses early gum damage, for a beautiful, revitalized smile. i can't wait to see what comes next! reverse early gum damage with new colgate renewal. ♪♪ reynolds wrap makes this whole cooking and cleanup thing so easy. it speeds up this... so i can get to them. easy prep, cook and clean with reynolds wrap. in this season of renewal, lowe's is recommitting to our lowe's price promise for competitive prices everyday. and if you find the exact item for less, we'll match it. so the possibilities can bloom. lowe's. home to any budget. home to any possibility.

♪ ♪ ♪ when it comes to your financial health, just a few small steps can make a real difference. ♪ ♪ ♪ learn, save and spend with guidance from chase. confidence feels good. chase. make more of what's yours.

good tuesday morning. it is 4:41, and if you're heading out early, whether it's a morning workout or just heading out to work, we are starting out with a bit of a chill in the air in martinez with some mid-40s and a mostly clear sky but it's actually going to be a warmer afternoon so make some plans to get outside. we'll talk about our warmup and what's ahead in our microclimate forecast, coming up in a few minutes. breaking news in the south bay. we have the closure for lawrence expressway an important roadway toward midi high school.

at the scene kris sanchez continues to gather details. two people have died after a crash. the sheriff's department did tell us that. kris has more details and you see there's some confusion, again, avoid lawrence expressway between 280 and glen tree drive. we'll have more on that coming up. >> thank you very much, mike. it's 4:42. be thankful you don't own this house in l.a. county. a large crane collapsed on a roof while people inside. can you imagine the sound of that? the crane tipped over, cutting right through the roof like butter. no one was hurt thankfully. the exact cause ofent is unclear. officials say crews are assessing all of that damage and even the structural integrity now of the house. >> glad no one was hurt there. there are angry family members, they will speak today, about body camera video showing the recent death of a man in police custody in alameda. the video has not been released

to the public just yet. it shows the death of mario gonzalez who died eight days ago during a struggle with allama me da officers. police said no weapons were used and gonzalez suffered some type of medical emergency. family members viewed the video and plan to speak outside the alameda police department. the family of a north carolina man is scheduled to release the results of an independent occupancy today andrew brown. >> andrew brown, jr., was shot while a search warrant was served. we have more elizabeth, north carolina. >> andrew brown's family here in elizabeth city, north carolina, say they have denied the opportunity to see the full body cam video of what happened to 42-year-old brown, when police

moved in last wednesday. they were, however, given what they call a snippet of video, only 20 seconds and therein lies where they say is a big problem. what is the sheriff's department hiding by not giving them all the video. when they did look at the 20-second video which they watched repeatedly over and over, they concluded it was what they call an execution. >> dad got executed just by trying to save his own life. >> why is it that they get to choose what's the "pertinent parts" of the video. >> they crowded around his car, they shot, were shooting in the front window of his car. >> reporter: from where you were standing, did it appear that his car speeding away could be perceived as a threat to the officers where they were standing? >> no, because they were standing behind him. >> reporter: i'm kerry sanders. details will be coming up on

today. back to you. >> we'll be following that case as well. thank you. cracking down on unemployment fraud. next on "today in the bay," the task force working to tackle the issue and the arrests made. 4:44. we'll be reich back. welcome to jack in the box. hey, jack, i heard your chicken- who told you that? it was jimmy wasn't it? no, i heard your chicken comes with classic and spicy in the same box, so i don't have to choose. ah yes. best of both worlds. my 50/50 popcorn chicken. only at jack in the box.

♪♪ refuse to choose and get my $6.99 50/50 popcorn chicken with both classic and spicy for the best of both worlds. only at jack in the box. i am dominic chu from cnbc global headquarters. here are today's top business headlines.

wall street is set to open modestly higher this morning after a mixed session yesterday. the dow slipping about 60 points but the nasdaq and the s&p 500 closed at new record highs. in focus today, reports on home prices and consumer confidence, also earnings season kicks into high gear with results from google parent company alalphabe microsoft, starbucks, just a few coming up this afternoon. watch shares of tesla today. the carmaker reports quarterly earnings and sales that beat wall street forecasts thanks to a ramp up in china but profits are being squeezed by supply chain issues and lower selling prices for its cars as it refreshes the older model s and model xs. ceo elon musk says tesla is facing insane difficulties with a range of parts, those are his words, as is tries to secure supplies in an auto industry hit by the computer chip shortages.

amazon is suspending the delivery service that people drop off groceries inside your garage to more than 5,000 cities nationwide. this is part of amazon key, which allows drivers to leave packages in garages, homes, cars and businesses. customers have to buy additional hardware, including a smart lock, camera and garage door opener. amazon has pitched the service as a way to keep orders safe from weather, damage and of course theft. that is your cnbc morning business report. marcus, laura, i don't know if you guys use amazon a lot more these days but i come home every day to boxes on my front porch. back over to you. >> at least once a week. >> at least every day, at least every day around here. and groceries, too, that's great. what are we cooking up for dinner? right now for breakfast, maybe a hot cup of coffee to get you over the golden gate bridge as we look at the span there. not a lot of cars out there but

i'll leave the traffic reporting to our mike inouye coming up in moments. let's check the forecast with kari. how are we looking for today? >> it's looking pretty good, as we are making plans for the day. tuesday, let's head out to the park. it's going to be a beautiful day, over in mountain view starting out with temperatures at 8:00 at 50 degrees. jacket weather for the start of the day but look at our trend for the rest of the day, as we continue to warm up, it will be in the upper 60s during the middle of the afternoon. sunshine and a breezy wind so it's going to be really nice for any outdoor activities around the bay area. as we get a look at our live view in san jose, let's go around the bay with temperatures in concord in the mid-60s, but some mid-60s for burlingame, we'll see some mid-70s inland. so we do still have some storm systems out there in the pacific, but we do also nearby have some high pressure that's keeping those storm systems to the north of us, so unfortunately there is no more

rain headed our way over at least the next week, high pressure is not budging. i wanted to show you our statewide reservoir levels. on average we're almost 70% of the historical average when we look at all of those larger reservoirs, the water levels are still decent in some spots, but getting critically low in others especially for the smaller reservoirs. let's compare that to one year ago, when all of our reservoirs across the state were on average 101% of capacity, that was so great to see, after all of that rainfall that you can see how much it has fallen over the course of just one dry season and the reason why we do need to conserve. as we get a look at our temperatures over the next few days, we are starting out cool but warming up by the end of the week, and this weekend it does come down a few degrees but we'll also have the winds picking up. we'll watch out for that and i'll have more updates. mike, what is the update on the

breaking news? >> kari, that's in the south bay so let's start with that, since that's the most, the biggest impact to people in the area and of course we're following the story because kris sanchez has the scene over here. our pictures here from her camera crew just off lawrence expressway. lawrence is closed between glen tree drive and 280, so an important thing to note if you're trying to exit the freeway there. you can't head south. two people have died as a result of this crash. the investigation ongoing and kris will have the latest when we check back in with her. meanwhile, get you located in the south bay, it's not on the freeway, as i said, it's lawrence expressway which is a major roadway just south of 280, it's closed, bollinger is open. there are maybe changes coming up in the morning but right now that is the closure, basically from bollinger to 280. lawrence expressway is closed. 84 is closed in the tri-valley, overnight roadwork we've seen in the past.

no other problems in the bay. new details scientists say as many as 25,000 barrels were found at a former ddt dump site off the southern california coast near catalina island. more than 36,000 acres of sea floor were mapped in an area where it was previously found to have high levels of toxic chemicals. scientists estimate between 350 and 700 tons of ddt were dumped in that area. tests will need to confirm it. the barrels found did hold the chemical. a statewide task force reportedly making headway in the widespread fraud tied to california's pandemic related jobless benefits. governor newsom created the task force last november to investigate billions of dollars handed out to bogus claims filed in the edd. the "l.a. times" reports the task force so far has made 68 arrests. the team is also following more than 1,600 other inquiries.

it was such a big night at the shark tank. next on "today in the bay," did the fans who were allowed inside s.a.p. center help the team to a win? the reviews are in. plus, going on sale. when you can buy tickets to see the giants play in person. happening now, the u.s. is going to share its stockpile of covid vaccines to help other countries. 60 million doses of the astrazeneca vaccine will be sent to other countries as soon as they are available. the u.s. has already committed to share 4 million astrazeneca vaccines with canada and mexico. the u.s. is continuing to look into the safety of the vaccine, which is not yet authorized here in the u.s. we'll be right back.

oh! don't burn down the duplex. terminix. at lowe's, spring is a season of possibilities. don a time for growth.plex. and a time for a fresh trim. it's where new projects begin.

and curb appeal takes on new meaning. stop by lowe's first annual springfest before the fun and savings for your garden and total home are gone. home to any budget. home to any possibility. so with your home & auto bundle, you'll save money and get round-the-clock protection. -sounds great. -sure does. shouldn't something, you know, wacky be happening right now? we thought people could use a break. we've all been through a lot this year. -that makes sense. -yeah. so... ♪♪ now's not a good time 3/5ths of nsync. are you sure? you have us booked all day. -read the room, guys. -yeah. right?

welcome back. 4:56 this morning. san jose sharks could hardly ask for anything better, talking about a big win in front of living, breathing fans. for the first time, more than 400 days, shark fans were allowed back at s.a.p. center last night. so the seats limited to several hundred, with a lot of protocol in place. this is including proof of vaccination or negative covid test. fans say it was all worth it. >> to be back at the first game back is amazing. we're so ready to be back and watch the players get out there. >> get the real feeling you're there, feel the coldness of the ice. we love being there. >> as for the game, erik karlsson's goal put the sharks up 4-0 over the phoenix and the sharks held onto that win and 6-4 as how they won the game. they play six more home games in their push to make it to the

playoffs. i say let's go sharks. >> let's go see them, too. meantime see our boys of summer. the giants selling tickets for may, including tickets in special sections for vaccinated people. tickets for people who haven't been vaccinated and they can prove they have a negative covid test can go on sale this friday. the giants are also opening up capacity to 50%, which is roughly 20,000 at oracle park. the question a lot of people have been asking, when can i stop wearing my mask outside? welcoming up for you here on "today in the bay," we'll talk about the new rules that could be announced later today, what president biden will likely say. 4:58.

i embrace getting older. i'm so much more confident now. but i don't love that as i age, i could develop gum issues. new colgate renewal reverses early gum damage, for a beautiful, revitalized smile. i can't wait to see what comes next! reverse early gum damage with new colgate renewal. ♪♪ reynolds wrap makes this whole cooking and cleanup thing

so easy. it speeds up this... so i can get to them. easy prep, cook and clean with reynolds wrap. the risk of infection outside is really minimal. >> now at 5:00, awaiting new guidance. if you're fully vaccinated, the white house may be ready to issue new recommendations for wearing masks outdoors. a live report ahead from washington on the key differences in store for non-vaccinated americans and the possible impact on u.s. reopenings. parents promising new pushbacks against one of the bay area's largest school districts now locked into distance learning. the key deadline just passed in fremont. a live report ahead on what may happen next. new fallout for the north bay mayor refusing to step down, despite growing calls from voters and the new move just launched