morning to you. thank you so much for joining us. i am laura garcia. >> i am marcus washington. we will take a look at your drive times in just a bit, but first let's start with meteorologist, kari hall, to look at the forecast for today. it's cold. >> yeah, for the most part it's mainly clear. we have seen the fog drifting around, and we are starting out dry but have rain in the forecast starting late this afternoon, as a new storm system starts to reach in and it brings in light rain for the north bay around the evening commute. take a look at our hour-by-hour forecast. later tonight that moves san francisco to the east bay on southward and it clears out by early tomorrow morning, and we have more heavy rain in the forecast and we'll talk more about that. it's coming up in just a few minutes. >> thank you so much, kari. 5:00 right now. in just a matter of hours, convicted murderer will be resentenced for the killing of

his wife, lacey, and his son 17 years ago. there still could be a big surprise in the courtroom. >> yeah, kris sanchez is outside the san mateo courthouse in redwood city. >> reporter: we expect that we will hear from scott peterson himself today. our legal analyst said his attorney said he will address the court before he is resentenced later today. he was convicted of killing his wife and their unborn son in 2004, and they overturned the death sentence because they found the judge made mistakes that impacted peterson's right to an impartial jury. the family has a right to address peterson once again, and the first time this happened our legal analyst was there and he said it was gut wrenching. >> i can tell you it was one of the most moving and emotionally

powerful days i have courtroom, boiled homicide detectives with tears in their eyes. >> reporter: scott peterson is expected to break his science for the first time in 20 years as he requested in a separate hearing a new trial. >> with any luck we will hear more details about what he was doing and where he was going, and perhaps even what he thinks about the new evidence that has emerged in this case. i think at this point we have to realize that some of the people out there if your audience may become potential jurors and scott peterson, too. i would urge anybody in the jury pool to keep an open mind because this case is far from over. >> scott peterson's request for a new trial will happen sometime next year. his resentencing hearing is scheduled to start at 10:00 this morning, and we'll bring it to

you. >> thank you so much, kris. our live coverage on the scott peterson resentencing continues this morning, and we have crews at the courthouse in redwood city as well as legal analysis ahead of the hearing. that starts right here at 10:00 on nbc bay area. the new findings from pfizer conclude getting a booster shot may be key in protective levels. cierra johnson is live. tell us what people need to know. >> reporter: good morning, marcus. we will get to what that ceo said in just a moment, but this research just into our news room less than an hour ago. i will break it down for you. it explains that preliminary studies out of south africa shows the booster does, in fact,

neutralize the variant, which is good news, but pfizer ceo appeared on nbc today to offer insight. take a listen. >> the good news is, though, when we give the third dose, we saw a 25 fold increase compared to the second dose. so now a third dose to make it clear for your audience, three doses against the omicron variant. >> reporter: that's something we are continuing to follow.

speaking of boosters, appointments as drug stores around the nation like this walgreens here on chestnut, it's very important. folks are want to go safely reunite with relatives as well as the prevalence of the omicron variant, and just to give you an idea how much demand has increased, take a look at your screen. around 55% of people 65 and older have received one. 12.5 million vaccines were given last week. 47 million people in the u.s. have now received a booster shot. something else we are looking ahead to as we get closer to the holidays are the shots, and i have been to this walgreens, and there are folks standing in line. president biden is working to make the costs of the tests --

you can get -- your insurance providers can reimburse you -- that's the word i was looking for -- to make those affordable. we're live in san francisco, cierra johnson for "today in the bay." >> thank you very much, cierra. 5:06 right now. despite covid cases doubling in marin, so far there is no plan to indoor mask requirements. case rates have now doubled and are the highest in the bay area, but hospitalizations and death rates remain low. only one person hospitalized from covid, and if that number goes much higher all bets are off. they believe hospitalizations are low because 9 in 10 people are vaccinated. now, on our website, nbcbayarea.com you can turn to

it for a great resource. right now we have a q & a with another of our experts. scroll down to the coronavirus pandemic section. we want to tell you about what is going on here. leaders have approved a plan to add more police officers. council members agreed to launch two more police academies, but they declined on the plan for a $50,000 signing bonus from other departments. one council member says he opposes bringing in officers from elsewhere, which has not worked well in the past. >> there are still many unanswered questions regarding the lateral academy, whether it's incentive amounts from $20,000 to $50,000 to attract somebody to come here to oakland. >> libby schaaf thanked the

council members saying in part our residents spoke up and their voices were heard for the comprehensive approach to public safety. and then saying a final farewell to the security guard that was killed protecting a news crew. nbcbayarea.com will stream the service. he was a retired police officer that served in both san josé and colma police departments. the murder is unsolved and the reward leading to an arrest is approaching $40,000. and then giving a helpful hand to restaurant owners trying to make it in the bay. the council have agreed to use covid funds. businesses will be able to

operate outdoors on private property through the end of next year. leaders also approved two streets downtown and one in south san josé to remain off limits to drivers through next june. as the drought situation lingers on new numbers indicate california is doing better when it comes to voluntary conservation efforts. residents reduced their use by 13% last november compared to last year. next month the state water board is expected to consider new restrictions if the water outlook does not improve. the san mateo bridge moving along smoothly this morning. we will look at that commute in just a bit, but first let's start out with the forecast. what are people feeling once they step out the door, kari? >> yeah, it's cold. temperatures in the upper 30s and low 40s in some spots. we are going to see more clouds moving in as we go into today. don't expect a lot of sunshine.

we are only headed for 56 degrees in san francisco and oakland. 58 degrees in san josé and in palo alto. as far as the rain that we are expecting late this evening, not a lot of it. a few hundreds of an inch, and we have more on that in the forecast that we will talk about in a few minutes. mike, you have a problem on the nimitz? >> yeah, the crash was on the north bay side, and the speed sensors don't show we will keep that on the map. there could be another issue or it could be the same, and sometimes people get lost and don't know what exit they are reporting from, so we will look at that. there's fog but less than in previous days. a smooth flow of traffic into the south bay. back to you. >> thank you.

shopping headaches. our responds team will let you know how to get money back if the company cannot get that package there by christmas. ♪ you used to call me on my cell phone ♪ >> what the rap star is saying no thanks to. and then we are talking about new covid protocols at the chase center. what kids need to have if they want to go to a warriors game. our handle is @nbcbayarea.

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like cholesterol and blood-pressure checkups. because even though they grow up, they'll always be your baby. covered california. this way to health insurance. enroll by december 31st at coveredca.com. right now the time is 5:14. as you are stepping out the door in the south bay, it's only 48 degrees in san josé. the sky is clear. visibility is good, too. we will see more clouds moving in today and our temperatures only make it in the upper 50s for today. we are getting ready for rain but even more by the end of the weekend. we'll talk about that in a few minutes. like kari said, visibility is great from emeryville to the bay bridge. no delay right now. we will check the south county and some of your longer drives, coming up. good wednesday to you.

the head of instagram will go before a senate committee today talking about how social media can hurt teenagers, and this is the same committee from october. there was facebooks instagram, e collected documents that had them very concerned. instagram announced new safety features one day before the executive was to go to the senate and sit in the hot seat. the safety measures include a reminder to users, hey, maybe go for a walk, if they spend too much time on the app. marsha blackburn calls that a distractiona pre-planned talking point despite instagram's repeated failures to protect

children has been exposed before the senate and now it's time for action. parents realize those safety measures are not automatic. there's a way instagram will warn you that somebody's post is dangerous and to find out how much time your child spends on instagram, but he or she has to turn those new features on. in other news, elon musk said the government ought to stop subsidizing electric cars. he also criticized president biden's build back better plan, saying congress should can it. there's a lot of irony here. tesla buyers got very big tax credits for buying electric cars. tesla sold so many. the company actually ran out of federal credits it sold so many cars, but you can still get a credit for buying a volkswagen

or porsche and even a tesla. trending for you this morning, rapper drake wants no part in competing for a grammy. he's asking the recording academy to with draw his name from the two nominations from it's ballot, and drake has called out the grammys in previous years showing displeasure for not being nominated outside of the rap category. also trending this morning -- star-studded peoples' choice award being pun pun khau waited.

>> the rock took home the night's final award as people's champion. johnson called up a young woman onstage and was attending that event as part of the make a wish program, and he presented his award to her and offered her sound advice during his acceptance speech. >> it's nice to be important, but it's more important to be nice. thank you, guys. congratulations. >> actor seem yaoly yao picked up two honors for his marvel saga. the film takes place right here in san francisco. all right.

it's time to get a look at the forecast for you this morning. meteorologist, kari hall, has been tracking that. it's a cold start for the morning. >> yeah, we have all kinds of changes and as we go through the next few days, expect it to be still chilly and at times we will see the clouds rolling in today and we are getting ready for rain. we can see the active area in the region, and as we get ready for more rain i wanted to check the reservoir levels across the bay area. east bay mud reservoirs, and very low for the north bay even though we had the big boost earlier that came in october. the reservoirs statewide are 50% of capacity or higher, and overall about 51% for the historical average. this is ahead of more rain coming in. the rain that we see late this evening will be very light,

moving on out and then we are getting ready for possibly a slow-moving atmospheric river, right what we need at this point because it has been so dry lately. this looks to bring in a decent amount of rainfall. with this atmospheric river, it arrives on sunday afternoon and continues through monday and possibly tuesday, and up to three inches of rain with gusty winds. as we take a look at some of the -- what we normally see, the rain shadowed valleys, like san josé and the tri-valley, they get a lot less rain compared to other areas and they may have to deal with flooding because of clogged street drains. looking at some of the models and what they are putting down to give alook at some of the numbers, really high for the santa cruz mountains. once again, spots like the tri-valley and san josé may see a lot less. for the sierra, this week we

will see two to six inches of snow, but next week we could get a really big boost here with the potential of several feet. king vale could get a lot of snow. look how chilly this will get out ahead of that. morning temperatures near freezing for inland areas, and big rain from sunday into tuesday with still that cool weather continuing. mike, you are saying not everybody is ready for the work day. >> yeah, the golden gate bridge not quite ready yet, and they are just getting ready to move the center divide. if you are heading to the golden gate bridge, you will see slowing. there's plenty of room for you to get along and that prepares

them for their wednesday work day. highway 4 over here, and same thing over the altamont pass, and there's the fog registering over in the tracy area, and it's not affecting livermore or sunol from what i can tell through the sensors. 101 moving -- oh, there we go. just started for san martin, so there's the change. >> as it happens. 5:22, coming up next on "today in the bay," "nbc bay area responds." >> you have bought something from a company that is not shipping to you. i am consumer investigator, chris chmura. we'll tell you how to get your money back and how to possibly make a federal case out of it.

5:25 for you this morning. it's that time of year when punctual people that actual purchase holiday gifts early encounter sluggish companies that won't deliver their promises the deliver. >> you have long-standing federal rights, and chris chmura will show you how to exercise them. >> the year was 1975, and watergate just ended and ford just replaced nixon, and uncle

sam took action. many old school catalogue and telephone orders were going nowhere. these days the scourge is unfulfilled internet order. one consumer friendly rule applies, and it says businesses must ship within their advertised timeframe, and if you don't you get a refund. the seller can ask for a time extension, but if you say no, you get a refund. if the business does not ties a shipping window, it's 30 days. see a pattern here? a company might try to swap items to fulfill your order, and the fda says you could accept a substitute, but you don't have to. if you say no to a swap the company has to give you your money back. if you have a purchase that stalls, send the seller an e-mail and let them know about the rules and that you know about it. >> good information there.

>> there you have it. up next, the top stories, a san francisco man shares haunting details of being attacked by a stranger, and the bizarre incident that triggered that violence. plus -- >> a number of restaurants in contra costa county not following the covid rules. the order to crack the whip on those not in compliance. you're watching "today in the bay."

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ensure that we are consistent across the county. >> right now at 5:30, cracking down on covid violations. the new push from east bay leaders to find restaurants refusing to follow health guidelines, and the growing frustration among some of them. plus a covid outbreak at a bay area school. some parents are outraged and now prosecutors getting involved. the accusations claiming health orders were purposely ignored. light rain returns this evening ahead of an atmospheric river set to arrive on sunday. this is "today in the bay." we broadcast live to your television, and we also stream live on our app so you can take us on the go. pfizer just out with the new

report that says a booster shot may be the key. pfizer shows effectiveness against omicron with just the original two-shot combination is lower compared to those found in a similar study in south africa. but the third shot brought protection levels back to the two-shot vaccine. we will have more of this in a live report coming up at 6:00. contra costa county supervisors demanding to crack the doors on restaurants that don't comply with the health orders. >> bob, talk to us about what prompted this. >> reporter: good morning, marcus and laura. contra costa health services recently stopped issuing fines to restaurants that refused to check vaccination status of

indoor diners, and most of the restaurants are in compliance including the in-n-out behind me, and they have not been doing indoor dining but are doing drive-through and take out. so far some have only received warnings from the health department, and this came to a head at a board of supervisors meeting yesterday when they expressed their frustration to the head of the health department. the health department says the policy has not changed and blames it on miscommunication. one exerciser said another member said the health

department was educating those restaurants. >> we have done the informing and done the educating, and it's not fair to those businesses that are complying and it's not fair to the employees of those restaurants. obviously patrons choose to go there but the employees work there. >> i want to stress again and let everybody know our policy has not changed and we will be following up on any outstanding cases from november. we will continue to be working on this in december. >> reporter: that was the head of contra costa health services that says message received. the board has scheduled an update next week on what is being done and what the time is for fines for noncompliance and they start at $250 and go up to $500 and $750.

prosecutors are looking at possible charges against parents. investigators say knowingly sent their infected child and a sibling to the school in madera. that school found out november 18th and tested three classes the next day, and as many as 75 more people were quarantined. the parents may be charged with violating public health laws. now to a story you will only see on nbc bay area. a san francisco man ends up in the hospital after stopping a man that was trying to kick in a business door. from his hospital bed, mark sacket says he called 911. he and his neighbors started to follow the man after the suspect kicked the door more than once so they could point him out to police. the owner of the deli said the situation quickly escalated. >> so he starts, wants to chase

me and mark got next to me and starts, and he wants to chase both of us and pulls a knife out. >> he pulled out a six-inch switchblade and starts swinging it at everybody. >> those on the block say it feels like violence is part of daily life during the pandemic. and mayor francois has lived in walnut creek for two decades, and last night after being elected he addressed the hot topic for the city, which is public safety. >> the council has already taken concrete steps to make sure walnut creek remains a safe place to work, play and visit. we will not be complacent in

this regard and will be vigilant in our pursuit of public safe tea. >> he plans to spend on security. at 2:00 this afternoon, a celebration honoring the legacy of alameda county supervisor, wilma chan, will be held at the oakland museum of california. he's remembered as a passionate activist for civil rights and education and health care. you might recall chen was killed in november while walking her dog in alameda. it's not clear how many more witnesses the defense will call in the elizabeth holmes trial. yesterday in a packed courtroom prosecutors spent another few hours grilling her on missteps she defended as mistakes, not crimes. holmes also deflected on the blame on others including her

former lover and business partner, sunny balwani. it's likely the defense will rest its case this week. developing now on the hawaiian islands, severe weather leading to major flooding. this is a main drag in waikiki, not a river. rescuers have been pulling people from flooded cars and homes. in one day honolulu got 15 inches of rain. the governor of hawaii declaring a state of emergency. taking a look at our own san francisco skyline this morning. it's a cold start to our morning. kari has a look at the forecast for today and what is ahead. >> yeah, all the energy over hawaii will head our way by sunday into early next week and tapping into that deep moisture bringing us enhanced rainfall. for right now we are seeing more

clouds moving in as well as light showers in the forecast. late this evening, first starting in the north bay by 5:00 or 6:00 we will see the light rain falling and moving into the south bay with light showers and quickly clearing out by tomorrow morning. this looks to bring us 0.1 of an inch of rain or less. mostly cloudy skies in oakland and just a nice warm jacket with a hood in case it's misting. mike, you were saying there's an incident reported for daly city. >> yeah, this is when we see more traffic on 220 and 101, and we are looking at a disabled vehicle that spun around, apparently. no fog, mist or drizzle reported, but this car did spinout so watch your speed, folks. highway 37 is moving smoothly but slowly.

fog reported in this patch right here, american canyon and vallejo headed up towards napa is where the chp reported fog overnight. back to you. >> thanks, mike. coming up next, new fallout ahead of the upcoming winter olympics in beijing. next on "today in the bay," a second country following the u.s.'s lead in declaring a diplomatic boycott and the response this morning from the olympic committee. a dire warning from our president to russia's president over ukraine. plus, a breach of trust. one mom angered after her son was vaccinated at school without her consent. what she is now accusing of school of with their tactics. millennium tower tilted another quarter of an inch. our investigative unit has been

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it is wednesday morning right now at 5:42, and as you are stepping out the door it's chilly. we are seeing clouds and mist and will stay cloudy today. right now at 50 degrees and not much warming today. i will talk about that and much

heavier rain coming to our forecast in a few minutes. metering lights turned on minutes ago at the toll plaza. folks are switching lanes and we will show you as that builds, coming up. developing this morning, australia now joining the united states in its diplomatic boycott of the winter olympic games in beijing. the u.s. announced that boycott on monday citing china's human rights records and an angry response from china. and australia citing the same and all of this leaving the international olympic committee caught in the middle. earlier today the conflicts were addressed. >> we are asking for --

>> so far australia and the u.s. are the only nations not sending government representatives as a boycott. new zealand is not sending representatives citing the pandemic. kris phagness is officially a member of the biden administration. last spring the president nominated him to be commissioner of customs and border protection, and by then he moved on to police chief in tucson, arizona. his hearing has been held up for months due to gop resistance. another biden pick for comptroller of the currency won't get the green light from the senate. >> scott mcgrew joins us now. >> yeah, he grew up in the soviet union, and she was a member of the communist party. she says just like every other

child in her small and soviet town. she went to moscow university where she published a paper that ran counter to the ideas of american banker, and some members of the senate don't trust her. she has withdrawn her name from nomination. some of the criticism is about her ideas, and a lot of it is her heritage and some senators not shy to talk about it. >> i don't know whether to call you professor or comrade. >> senator, i'm not a communist. i do not subscribe to that ideology. i cannot choose where i was born. >> again, as an american citizen, she's from what is now kazakhstan, but it looks like

russian vladimir putin wants to assemble some of the old republic. >> hello. good to see you again. >> that's president biden greeting president putin on yesterday's conference where they talked about possible war in ukraine. this is kremlin video. they wanted you to see how friendly biden is. let's look at the white house version the same of the video, and the white house concentrating on the meat of the conversation after the pleasant raez. democrats in the house passed a measure to lift the debt ceiling which means we can pay our bills. a reminder, these are bills and

loans we have run up, and not paying them because you are worried about deficits would be like refusing to pay your credit card bill for things you already bought. the house and senate reached a deal that would take the power to investigate and prosecute murder, sexual assault and domestic violence in the military away from commanding officers and give it to military prosecutors instead. they have been working on that for years. we're watching everything that is happening in washington. it's a lot. you can follow me on twitter. i'm @scottmcgrew. according to "los angeles times," l.a. unified said nearly 24,000 students have not complied with the vaccine mandate, and that includes students 12 and older that must be vaccinated by january 10th. those that don't comply or are exempt will be forced into

independent study or will have to leave the l.a. unified district. a mother says her 13-year-old son brought home a vaccination card after agreeing to get the shot at school. she says her son only said yes when somebody offered it in exchange for pizza and then told him not to tell anybody because they might get in trouble. the mother says she's not against the vaccine and is vaccinated, but it's different for her son. >> regarding my son's health, i am against it. >> because he has underlying conditions that concern you? >> yes, he has asthma and allergy problems. steph curry needs to just

make 16 more three-pointers. the sharks proved the improbable always possible. they scored four unanswered goals to win 5-3. follow me for a minute this morning. this is trending for you. if you are an oreo cookie lover, no need to put a cork in it during dinnertime. >> at least not for long. a limited edition wine is available to go with your cookies, barefoot wine has tastes of chocolate and cookies

and cream and oat. milk sold separately if that's your thing. >> would you like the red or the milk? >> it sounds like a sweet dessert wine. >> i would try it. that would be a great dinner, though, oreos and wine -- >> mike, to your room! >> it's a single man's dinner. >> and ketchup. we need ketchup. >> you want some goldfish? >> time to get a look at the forecast for you this morning. kari, how is it looking out there? >> no wine as you are getting ready to head out the door. here's a live look at our temperatures and our temperature trend as you head out this morning. a lot of clouds to start out but we have not seen the low visibility we have seen the last few days. take a look at the temperatures. only 58 degrees in los gatos and

downtown san josé. the 7-day forecast is coming up at the bottom of the screen. we are looking at upper 50s today and that's cooler than normal, reaching 55 in daly city, and mid-50s in san francisco, and 56 in the downtown area. for sonoma, look for a high of 54 today and 53 today in clearlake. we have a weak system passing by. it will bring us a few hundreds of an inch of rain today. here's what we know. atmospheric river arrives sunday afternoon, and rainfall totals could be from three quarters inch of rain to three inches. we always have rain shadowed

valleys with atmospheric rivers which means they will not see the rainfall totals they may see in parts of the north bay which may experience small stream flooding and street flooding with all the leaves coming down. as far as rain, once again light rain for tonight and bigger rainfall, possibly two to four inches of rain while the sierra gets heavy snow. next week we are looking at the potential for several feet of snow, and some of the models are putting down 70 inches of snow for spots like kirkwood. our temperatures stay chilly. we do have a break before that. you can enjoy the weekend, but it will be a chilly one. mike, lanes are filling in at the bay bridge toll plaza? >> yes, it was slowing down approaching the toll plaza, and there we go, more build approaching the toll plaza.

the metering lights have been on now for about 15 minutes. no major issues coming down from the maze, but it's slowing down on the incline and that's what the metering does is keeps the span moving smoothly in case there's an issue, and there is not. antioch, heading towards pleasant hill, building for the westbound commute. the fog is not an issue in the north part of the bay. south bay, a little slowing from 101 into san josé and an incident on 85, and we will check that out. looks like it could be a stall on the shoulder. back to you. >> thank you, mike. 18 people still recovering after a crash near themexican border. that truck was being chased by border agents. passengers were ejected from the van, and one passenger taken

away by helicopter. thousands of soldiers still have not received their first shot. the fate they are facing ahead of a looming cutoff. plus, breaking at 6:00, pfizer says there's an easy way to better protect yourself. the full responsibilities and the response from the ceo ahead. and then we're live outside the courthouse for the impact on scott peterson's push for a new trial, plus an in-depth analysis from a legal expert. you're watching "today in the bay." how do i know that you're not a weirdo?

♪ confessing, yeah ♪ ♪ oh, i've been shaking ♪ ♪ i love it when you go crazy ♪ what are you doing? ♪ baby, there's nothing holdin' me back ♪ i knew you were a weirdo.

welcome back. it's 5:57. you are watching "today in the bay." thousands of active duty service members have failed to comply with the vaccine mandate. >> the deadline for active duty members has passed for the air force, navy and marine corps. despite that approximately 27,000 members are still considered unvaccinated. the army's deadline is december 15th. about 19,000 soldiers have yet to get their first dose with only a week left before that branch's deadline. their future remains unclear.

the widow of kobe bryant is asking a judge to allow the suit to go through. she's asking for millions of dollars for emotional stress after finding out the pictures of the site was taken. travis scott and the allegations that he is responsible for the death and injuries of multiple concertgoers. nearly 300 lawsuits have been filed against scott and the organizers of that event. police in new york city arresting a man they say lit a huge christmas tree on fire outside the fox news building overnight. thick clouds of back smoke could

be seen. according to our sister station there, a 49-year-old man was arrested a few moments later. the man acted alone and the incident did not appear to be premedicated or politically motivated. nobody was hurt. you may recall a similar incident happening in oakland earlier this year. a suspect has not been arrested in that case. a japanese billionaire and his film producer rocketing to outer space, becoming the first paying space tours in a decade. they blasted off in a russian rocket this morning. the japanese astronauts expected to pay 12 days in space, and the costs has not been disclosed and the producer onboard plans to document that mission.

it's resentencing day for scott peterson. the sentence will not be a surprise because there's only one option for the judge, but this hearing is expected to be anything but ordinary. plus, breaking right now pfizer out this morning with new data on how the vaccine responds to the omicron variant. ahead in a live report, the new response from pfizer' ceo that just spoke to the "today" show. this is "today in the bay." good wednesday morning to you. thank you so much for making us part of your morning. i am marcus washington. >> i am laura garcia. we have so much to start out with, and let's start out with kari hall. >> as you are stepping out the door in fremont, visibility is clear and we have not seen the patchy fog and temperatures in the upper 50s right now and