right now at 3:00, tempers flare at an east bay school board meeting. parents going up against each other, at issues kids and whether they should wear masks in school. plus, the first day of indoor mask mandate in the bay area. the problem one business hopes the rule will solve. and the mayor of san francisco will pay a fine for unethical behavior. what an ethics committee said she did wrong and how she's responding. the news at 3:00 starts right now. i'm terry mcsweeney. >> good afternoon, i'm jessica aguirre. we're on early because of the olympics. we begin with breaking news.

we have learned that san francisco mayor london breed will pay nearly $23,000 in fines for ethics violations. our investigative unit obtained an ethics commission order that states the fines cover three infractions dating back six years. the first is that london breed failed to properly report a campaign donation. she's paying a fine for writing a letter to jerry brown on behalf of her brother. she requested he release her brother from prison early. the third violation allowing the disgraced former public works director to pay her bill. today she's told us she's learned a lot, that she takes full responsibility for her actions and has agreed to pay the fine. our other top stories fireworks at an east bay school board meeting, masked protesters demanded the district drop the mandatory mask policy.

they're pushing for families to make the decision about whether their children where masks to school. things already turned violent? >> that's right. the protest first started out here. then the protesters headed inside where masks are required. it quickly went downhill from there, but then later, progress was made. the maskless protesters crowded the room carrying flags and signs saying our children are suffering from your tyranny. before the meeting and outside they explained why they're against a mask mandate in the school. >> i mean, it just doesn't make sense for us to continue masking these kids when they are not superspreaders. >> i don't understand the whole situation as far as the government trying to rule us and telling us what to do. i don't think it's fair to the children. >> mostly i don't like them because it gets hard to breathe normally, like last year in pe. >> you're not designed by god to rebreathe the excrement that's

coming out of your body. >> reporter: after the masked board members halted the meeting and left, the protesters started arguing with each other. >> unfortunately because of 10% of you, we look like lunatics. >> but in the end, after police arrived all sides came to an agreement. those who agreed to wear masks could stay in the room to speak to the board and those without masks had a podium outside. >> and i will run for the board if need be, and i hope that everybody in this room will run for this board and remove every one of you that dares to stand against the constitutional rights of our children and damage their health. >> how can you guys -- how as a board can you decide on your level what rules you want to make. >> reporter: the superintendent says he will take the public comments and ask the state for clarification on the mask mandate and the science behind it, but we have been told

repeatedly by the health officers it is safest for everyone to continue wearing their masks indoors. reporting live, i'm sharon katsuda nbc bay area news. parents and teachers making demands out of the east bay. this is a live look at a virtual media event happening right now, two groups, equal opportunity now and by any means necessary caucus rallying against kids going back to in-person classes unless their demands are met. they want mandatory covid-19 vaccines and testing in schools, they want distance learning to remain an option so parents can stay home with their students. the groups say the delta variant will make it too dangerous for students and staff to be on campus. another way to see what's going on with this new delta variant surge was by tracking the positivity rate. on june 3rd our positivity rate was 0.8%. on july 3rd, 1.7%. within a month, though, the positivity rate soared and today

it's at 6.7%. no mask, no go. it's the first day the mask mandate is back in the bay area. and businesses saw people deal with it in very different ways. here's our business and tech reporter scott budman. >> reporter: here in the bay area, the mask mandate means things have changed in the last 24 hours. for example, here at 24-hour fitness, you could have walked in yesterday without a mask. today if you want to work out, you need one of these. and while gym goers wore their masks without any drama. >> it don't bother me. i know some of my buddies that come to the gym, dude, we got to wear it again? yeah, sorry. it don't affect me much. >> reporter: employees at recycle bookstore in san jose hope the new mandate will help them avoid more scenes like this. >> they don't care about other people's health, they don't care about other people's safety. >> days ago a group of anti-maskers walking through the

store harassing shopers and people who work there. >> how much trauma are we supposed to take? we're just trying to make money for our family, and i don't know how much these people want us to take. >> reporter: for the most part, people w normal reaction that we're getting, is, wai, we're doing this again? >> adding a little something extra. we want to make sure we keep everybody safe and healthy. >> now new york city is making a big move. it will soon require proof of vaccination for people doing mostly anything indoors. that includes going to a restaurant, going to a show. going to the gym. mayor bill de blasio is calling it the key to new york city's path, and says it will encourage people to get the shot and combat the delta variant. around the country, counties are experiencing a surge of cases and take a look at this

map. so much red and so much orange. that's not good news. red is risk of high transmission. orange is tanl and yellow is moderate. not a lot of yellow. much of the country red, parts of the northeast did get into the yellow, a little california, a little nevada as well. as cases climb, testing is rising as well. there's a snapshot of this year. you can see that at the very start of this year, the state had plenty of people getting tested. then the vaccine rollout got underway and down it went. testing started to steadily slow down. the testing rate is climbing once again. last thursday more than 169,000 people were tested. we're going to continue our reporting on our nbc bay area app. we have what we need to move you forward and keep you updated on the changing covid-19 guidance. just into the newsroom, a 5.8 magnitude quake has hit off the coast of japan. it happened around 1:30 our time. it was 5:33 in the morning in japan. the epicenter off the coast of kamisu, about 66 miles from

tokyo. nbc's lester holt tweeted this out, quote, i felt what appeared to be a mild earthquake here in tokyo around 5:33 a.m. wednesday morning here. rolled for a good 20 seconds. interestingly my crew three floors down felt nothing. now we want to give you a live look at tokyo. you can see the olympic flame still burning bright. athletes around the world continue to compete for gold. simone biles back on the balance beam and wearing a medal around her neck. she and her teammates sat down with "today's" hoda kotb. simone said people had a big misconception about her decision not. >> that i wasn't at risk and mental health isn't a serious issue, that it was basically a copout. but the girls tell me in training, i physically couldn't do it safely. i was getting so lost in the

air. before team finals the girls were terrified for me and they've never really been scared when i do something, but they were like really nervous. >> in less than two hours, women's gymnastics airs right here on nbc bay area at 5:00 p.m. >> when you see her talking about it, she really owes no one an explanation for whatever decision she feels is best for her. >> going into the air as they do and then not knowing what's up and down, yeah, that would make me believe anything she says. >> yeah. >> the struggles of simone biles definitely one of the biggest stories of these games. the olympics are filled with stories that may be smaller but are no less emotional. >> we've had so many great emotional moments. garvin thomas has been guiding us through these stories. he's back. what you got today? we all know how hard it is just to make a single olympics. i'm blown away by athletes who are able to come back again and again. while the basketball world said farewell to one of those

athletes today. his name is luis and he plays for argentina. this is his fifth olympics. he is 41 years old. once it became clear the team was going to lose their quarter final to australia, everyone knew it was his last match so when he went to the bench, the game stops, not just his teammates but the entire team stood up and give luis, a former nba player a standing ovation. it was an ovation that last more than a minute. he won gold in 2004 and bronze in 2008, and so clearly respected by the international basketball community. speaking of bronze, that is what israel judo athlete peter pauchick won in tokyo. after returning home he surprised his mother at work. she's a covid nurse at a hospital. he proceeded to award her with the bronze medal. there are a lot of mother olympians who deserve this honor. now this next moment has special significance to us at

nbc bay area. it involves one of our own, not the guy on the right, photojournalist mikey va in hg. he's a proud hmong american. one of the stars of the game is the first hmong american olympian, suni lee. he posted that he couldn't hold back tears when she won the all around gold. mikey got to tell suni in person how proud he was. >> so happy. >> a big moment for both of them. judging from mikey's social media, he is just as big a star these days among the hmong community as suni is. you went to rio with mikey had an incredible experience there. i cede my time to you. >> you don't want to be in the trenches with anyone but him. he is amazing. he enjoys the olympics so much. he lives for the olympics. he's so great to be in it, and

he's so proud of his heritage. to see him have this moment, we took a lot of pictures with a lot of athletes, this is going to be the most precious photo for him. i'm so happy i want to cry. >> he texted me and said could you pick up two copies of "usa today" with suni on the cover. >> that's wonderful. here's what else you can watch tonight on the olympics, joe ryan and the usa baseball team take on the dominican republic in an elimination game, 8:00 on cnbc. be patient with me here, be sure to catch stanford's faluke and the u.s. women's volleyball team and then at 10:00 stanford's alex bowen and the u.s. men's water polo team take on spain in the quarter finals. you can watch it on cnbc. so many local athletes in tokyo, it is hard to keep up. luckily we have jonathan bloom

doing it all for us. go to nbcbayarea.com, click op local athlete tracker in that trending bar. still ahead, not going anywhere. governor cuomo denying sexual harassment allegations. now president biden is weighing in on that issue. plus, getting shots even if you're vaccinated. the group of people who already got their shots but are now getting a different dose. we'll explain it to you. i'm chief meteorologist jeff ranieri. we're tracking wildfire smoke, i'll have a new update in about six minutes. tonight the blistering new report from new york's attorney general accusing governor cuomo of multiple instances of sexual harassment. his reaction. simone biles and the sigh of relief from tokyo when we see you back here for "nightly news."

tonight new york governor andrew cuomo is the subject of a scathing report accusing him of sexual misconduct. the new york attorney general's office governor sexually

harassed 11 women including a state trooper he requested be added to his protective detail. the allegations range from inappropriate comments to unwanted kissing groping. >> i never touched anyone inappropriately or made inappropriate sexual advances. i am 63 years old. i've lived my entire adult life in public view. that is just not who i am. >> the investigation uncovered more than 74,000 pieces of evidence and 179 witnesses to back up the accusers. let's bring you back home, a bear at a hospital doing something no others are doing, offering a different shot to anyone who received the johnson & johnson vaccine. zuckerberg general hospital said if requested they will provide a supplemental pfizer or moderna shot to anyone who got the j&j vaccine. san francisco's director of public health says the department is still abiding by cdc rules that prohibit booster shots but are going to honor

some special requests. >> if people received the johnson & johnson and are requesting a second shot, we will accommodate them, but our policy has not changed, nor has it changed at zuckerberg san francisco hospital. >> dr. colfax says the j&j vaccine remains a good vaccine and says the department is continuing to administer it. there have been a lot of questions raised about whether it's as effective as others, particularly when we talk about the delta variant. san francisco now has 77% of its people eligible to be vaccinated. joining me now infectious disease specialist, he's a regular here with us. let's start with what they're doing at that hospital. is that a good idea to get a -- you know, it's not really a booster, but a different shot if you feel unsure about the delta variant and you had the johnson & johnson? well, it's called an enhancement, jess, and it's not a bad idea but it's not something i would necessarily run out and get if i had a j&j

shot. we have most data about astrazeneca vaccine, which like the j&j vaccine. two doses of astrazeneca is equivalent to one dose of j&j. we know from the uk it still prevents more than 90% of hospitalizations due to delta. so right now i think people are sitting tight. i think what zuckerberg san francisco general hospital is doing, it's not a bad idea. it's just giving people the option if they wanted to. but it's not that everybody has to rush out and get it. >> okay. so obviously there's a lot of dismay right now that we're all back to masking indoors, i think people are kind of stunned that we're kind of back to where we were before. there's a lot of fear moving forward. we're starting to see major contention in school meetings, you know, people, when they're out at stores, when they're out at gyms, the mind-set is very contentious right now, dr. peter. what do you say to allay that? >> well, i think it's understandable why people feel the way they are doing -- they're acting right now, which

is really because everybody's anxious. people are anxious when we can't see the future ahead of us and i would tell everyone that i would be shocked if we don't get out of this soon. i think from the countrywide estimates, we're estimating the -- but in more vaccinated communities like the bay area some modelists believe we will get over the peak in two or three weeks. i think time will tell. uncertainty is what's making people contentious with each other. >> new york says if you're going to do anything indoors, you have to be vaccinated. is that a good idea, and do you foresee something like that happening here? >> it's already happening, jess, if you think about what's happening in bars. i think some restaurants already

started doing it. it has two purposes. one is that it just makes patrons feel more comfortable who are vaccinated, and the majority of the bay area residents are. right now talking to people running restaurants, they've seen a decline in people going indoors. i think that will inspire confidence. it's happening in hawaii already. i assume that it will continue to happen across the concern. the second reason is what we see happen in france, which is that once they issue this mandate, a million french people went to get their vaccine, and millions more afterwards. >> all right, dr. peter, thank you very much. we will see what happens in the next coing days. i'm sure i'll be chatting with you tomorrow or the next day as well. thank you. >> thanks so much, jess. all right, tokyo forecast for tomorrow. are you ready? 105 degrees. >> are you trying to steal jeff's job?

>> our old raj mathai says the old phrase is true, it's not the heat. it's the humidity. >> you're drinking so much water. your energy is drained. i haven't even done that much. that's what it does. for the olympians actually competing, especially track and field, that's an issue, and all of a sudden it starts raining out of the middle of nowhere. it's pretty intense. people from miami, our nbc colleagues here that i'm working with, say oh, my gosh, miami is nothing compared to them. >> and yeah, we caught raj doing his laundry where each machine is a washer and a drier. we're checking in with raj every day. you can watch more of these conversations with raj and abby online. you can watch every episode. >> 105 degrees out there. we're both from florida, we know that humidity. raj says it's not even the humidity we know, and you also know these midday thunderstorms

where all of a sudden it starts to rain and it's a deluge in the middle of the day. >> it makes it so unpredictable for the athletes. a lot of them did train for these humidities. you really have to get acclimated to that. every single day of the olympics as we head into the closing ceremony will continue to stay hot, humid, with heat index, a feels-like temperature in the low 100s. but thankfully right here in the bay area, we can all watch all that from the comfort of our house, of course. our prime time coverage every night starts at 5:00. so set your alarms, get ready. we're going to get you all geared up and ready to go as we continue through the next couple of days of the games. i had to show you this picture in san francisco. look how beautiful it is in downtown. we got a nice window of sunshine. there is some fog at the immediate coastline. all in all, nice, nice day. 65 degrees. a little breezy, winds out of the west, northwest at 21. we'll hold on to some 60s the next couple of hours.

thicker fog rolls in later on tonight. i really wanted to get into the weather pattern and show you what we're following. it's this area of low pressure offshore. tomorrow it's going to start to move a little closer. overall we've got a pleasant day. warm weather inland. we're going to keep that fog at the coastline. what i really wanted to dive into is once we hit thursday's forecast, this moves off to the north. the circulation around this could bring down some increased haze towards the bay area. it's from some smoke from the fires off to the north. we'll take you into tomorrow morning's forecast. the fog thickest at the coast with spotty drizzle and patchy low clouds inland. as we move through the afternoon, we get our sunshine returning. temperatures will start off on the cool side again, widespread 50s through the south bay, peninsula and the 55 and the no bay at 53. with that system starting to approach, temperatures will actually cool off a couple of degrees tomorrow. about three to five degrees

cooler. it will make it a nicer day. 87 in concord. 79 in san jose. looking good in palo alto a and 65 in san francisco. that smoke once again through tomorrow, it will be a little bit hazy from those fires off to the north. we think as we head through thursday, notice there's a little bit of blue to green color there. that would be some thicker smoke that might make it closer to santa rosa. it doesn't look unhealthy. those skies would be hazy. on my seven-day forecast, we are tracking 60s over the next several days, and across the inland valleys, we're looking at 80s wednesday and thursday. we go up to some 90s friday and saturday. back into some more 80s next week. more coming up after this.

women's floor exercise, jade carey, the 21-year-old from phoenix. >> wow, that was fabulous. >> she is so powerful. >> what a great moment for jade. >> jade carey is bringing a gold medal back to arizona. >> requiring the vaccine for everyone who works at a school, that is the message from state senator josh becker who represents the peninsula. the senator wants school districts to require vaikss for

all staff before students go back to staff. if a staff member does not want to get vaccinated then they should have to be tested regularly for covid-19. the long awaited new warriors jersey is finally here. prepare yourself. are you ready? >> this will be the team's new jersey when the season gets going in october. a lot of blue, a little bit of gold, blue jersey, red letters. the team says the throwback to a jersey it had back in the early '60s. they unveeld a 75th anniversary logo on the court. it's shaped like a diamond for the team's diamond anniversary. all right, we'll be right back. it's a new day. and it's coming at you fast. it could be the day your workforce doubles... or the day your visitors quadruple. with comcast business you'll be ready... with the flexibility to control multiple wifi networks from anywhere. all on the network that can deliver gig speeds to the most businesses. every day in business is a big day.

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in japan, it's not just athletes in their 20s who are doing their thing. >> tonight we introduce you to a japan pompom, a cheer squad for 25 and older. they compete all over japan. team practices every monday for a couple of hours. the cheerleaders say growing old doesn't mean you have to wind

down. learn more about it at japan pompom by going to nbclx. >> i wonder if they have a men's squad. >> we should do a coed squad. jeff's not invited he's too young. >> i'll do the water. >> water boy. tonight, the bombshell report alleging new york governor andrew cuomo sexually harassed several women. the independent investigation finding cuomo violated the law and sexually harassed 11 women including nine state employees and a state trooper on his security detail. allegations of unwanted kissing, groping and inappropriate comments. the democrat deny anything wrongdoing as calls for his resignation grow. what president biden said today when asked should cuomo step down? and our exclusive with the albany county