jesus, oh my god! tesla's full self driving software for drivers and pedestrians, it's unsafe at any speed. tell congress to shut it down. right now at 4:30, declaring victory. the results are in overnight for the special election for the state assembly seat in san francisco. ahead, reaction from the candidates. plus, more mask confusion. our team is moving you forward on where you do and don't need to wear those masks. this is "today in the bay." here we go, wednesday morning. hump day, it is. i'm marcus washington. thanks for joining us. laura garcia has the day off. if you have a smart television, you can catch us live on roku, amazon fire, apple tv, and online. we're going to get a look at the

commute with mike. but first we want to start with the forecast. >> it's going to be dry for the morning commute. now, the evening commute for people who work later than us are going to have to deal with some rain. take a look at our view across the region right now. you can see what's coming our way. that rain is just now starting to make its way into the northwestern corner of california. we are going to see that rain approaching the north bay by about 3:00 to 4:00, and starting to move into san francisco around 5:00 to 6:00. may not reach the south bay until late this evening, maybe 9:00 to 10:00, and we'll see it continuing to spread across the bay area as we go into tomorrow morning, off and on rain for your thursday. so we are heading into a stretch of some wet weather. today is the day to be prepared for that. mike, you were seeing some work finishing up in fremont. >> yeah, and you're talking about changes for some folks as they're ending their workday. right now we're looking at 84.

this is a different section than we often see closer to the mission. but, again, mission and 680 are still your alternates to get around this closer. again, just a slight work-around here. do not cut through niles canyon right now. this crash off the dublin interchange is eastbound, so it's counter to whatever commute we have, which is very light coming out of the altamont pass. no other issues around the bay right now. >> thanks, mike. the results are in for that special election for state assembly seat. this is district 17, san francisco's state representative. it has really been an exciting race between supervisor matt haney and former city supervisor david campos. this morning haney is declaring victory. the count shows haney leads with 63%. last night haney held a victory part in the city. one of the main topics

throughout the campaign was building more affordable housing. mayor breed endorsed haney. ose a replacement on the board of supervisors. campos was endorsed by chesa boudin and was his chief of staff. the recall election is on june 7th. in the south bay investigators say one man is responsible for that massive fire that destroyed a home depot on april 9th. it caused more than $17 million in damage. this morning, we have exclusive surveillance video of the alleged crime spree that happened before the home depot fire. "today in the bay's" ian cole has the latest. >> reporter: surveillance footage on march 27th appears to show dyllin gogue place an expensive human hair wig on the counter to pay for, but then he takes off. he jostles the door open, it's one of ten thefts he's charged with that happened before the massive fire. records released show gogue

walked into this kohl's twice, back in january, just down the street from the home depot and stole 45 pairs of levis jeans. in february they say he stole an electric keyboard from a guitar center and in recent weeks he's charged with stealing high-end sunglasses from this sun glass hut in the oakridge mall. but the d.a. says he committed aggravated arson in the home depot fire while trying to walk out with a cart full of tools. >> he was stopped by a home depot employee and fled in another person's car. later, as the home depot was burning, he continued a theft spree that extended to a macy's in the east bay. >> reporter: gogue made his first court appearance but did not enter a plea. investigators refused to elaborate on the get-away driver but believe gogue was, quote,

solely responsible for the massive fire. >> miraculously no one was hurt in this five-alarm fire that was so hot and so large that it could be detected from a satellite in space. >> reporter: ian cole, "today in the bay." in just a few hours the trial for sunny balwani continues after the jury learned his involvement with walgreens. now, former walgreens executive testified yesterday that balwani was very involved in the relationship between the companies. the blood testing machines gave wrong results, and largely used third-party equipment. in text messages, he told ceo elizabeth holmes he didn't tell walgreens he switched out their machines for non-theranos tech. they say it serves as a warning for other companies. >> any large company like a walgreens better be 110% sure that any kind of technology that could impact the lives and

well-being of the people who use their stores and buy their products, they better be 100% sure that these technologies work correctly. >> balwani is accused of defrauding investors and patients. there is still confusion over masks on transit. this, as dozens of transit agencies are deciding on their own whether to mask or not. here's a breakdown for you. in the bay area, the latest agency, ac transit, announcing masks will be optional. they'll join our local airports and most airlines. but several others, including vta, muni and caltrain, all say that masks are still mandatory. san francisco mayor london breed saying that could change from muni soon. we have even more about the changing guidelines. >> reporter: at caltrain in san francisco, the signs and digital displays make it clear, masks are still required on board the trains. it's the same for vta and muni.

on b.a.r.t., some confusion, the agency says masks are still a rule, but there are questions about whether it's being enforced. right now most passengers say they're keeping their masks on for a while, even if it's no longer a rule. >> i probably want to protect myself more than anybody else. i'm not worried what anybody else is doing. >> do you feel like when you're riding the train you're still going to keep it on? what do you think you're going to do? >> yes, i will. it seems like that i've got to wean myself off of it. >> reporter: uber and lyft announcing they have lifted masking requirements but drivers are now concerned about their health and safety in their own vehicles. and at sfo and oakland international airports, passengers are being told masks are now optional on most airlines. >> we were actually surprised because we hadn't heard the news when we flew out of tampa and then we were told by united that they had lifted the mask ordinance and it was nice because this was a longer flight

to california. >> reporter: the united states department of justice said it would appeal the florida judge's order that struck down the cdc's mass transit mandate, but the government is not asking for a stay, meaning that unless a higher court overturns the ruling, there is no federal massive transit mandate. >> the government is now no longer going to say you must, but i would say to you you should wear a mask and try to keep yourself safe in transport. >> reporter: the doctor says anyone concerned about traveling in crowded trains, planes and automobiles should invest in n95 masks and wear them properly. 4:38 this morning, and lending a helping hand to those who need it most. next on "today in the bay," the update one social media giant is making to help make donating money easier and more transparent. plus, going green. the changes apple says it's making to help fight our climate in crisis. stick around.

much more ahead this morning. you're watching "today in the bay."

happy wednesday. it is 4:41, as you're heading out the door in the east bay we're checking out antioch, in the upper 40s. it's going to be a clear and really nice day. we start out with sunshine, but then eventually we'll start to see clouds moving in for the afternoon and rain will be arriving this evening. we'll talk more about that in the forecast coming up. >> and the commute will be

arriving a little later as well. this is on the peninsula, the opposite side of the bay. things moving smoothly for 101. there are crews here at the golden gate bridge and san mateo county. the freeways are open without any delays. good morning. i'm silvana henao from cnbc. wall street is set to open higher as investors digest netflix's disappointing earnings and get ready for another round of results today. netflix reporting the first quarterly loss of subscribers in more than a decade. the markets rallied yesterday, posting their best day in a month. the dow closing up nearly 500 points and the nasdaq rising more than 2%. tech stocks leading the game, but airlines also jumped after the tsa lifted mask mandates on planes following a court ruling. in focus today, a report on existing home sales and earnings from procter & gamble, tesla,

and united airlines. apple says its products are made with 50% more recycled material and it's touting its eco-friendliness ahead of earth day. 70% of products had recycled material, including cameras of the iphone 13. apple also says it cut nearly all use of plastics in its packaging. it has said it aims to make its product and supply chains carbon neutral by 2030. instagram is rolling out the option to make and donate fundraisers through reels. users can add a link for people to donate to more than 100 nonprofits. the fundraiser tool has been available in stories and live streams for the past few years. most donations made are under $20 and the company covers the processing fees for charitable fundraisers, so 100% of the proceeds goes back to the nonprofits.

>> i like to hear that. thank you so much. silvana, thank you. all right, it is 4:43 this morning. helping our climate in crisis. still ahead on "today in the bay," the reason you may want to consider switching your spending habits and the sustainable shop in oakland that's helping you do just that. just that. we'll be right back. i'm so glad sauced & loaded fries are back. yea. i really missed this. i missed us. to my fries—and to my guys. my $3.50 triple cheese & bacon sauced & loaded fries.

order on the jack app today. my $3.50 triple cheese & bacon sauced & loaded fries. since i left for college, my dad has gotten back into some of his old hobbies. and now he's taking trulicity, and it looks like he's gotten into some new healthier habits, too. what changes are you making for your type 2 diabetes? maybe it's time to try trulicity. it's proven to help lower a1c. it can help you lose up to 10 pounds. and it's only taken once a week, so it can fit into your busy life. trulicity is for type 2 diabetes.

it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration, and may worsen kidney problems. the choices you make can help control your a1c. ask your doctor about once-weekly trulicity. kick off the party with my triple cheese & bacon sauced & loaded fries. yep. my famous curly fries smothered in three melty cheeses and bacon are back. psst...you're drooling. my $3.50 triple cheese & bacon sauced & loaded fries. order on the jack app today. good morning. we had an earlier crash which

did clear and we still have construction by niles canyon. there's a weekend closure, saturday and sunday it will both be closed. right now, this will be cleared at 5:00. the other issue is i've heard about a crash 680 around mission boulevard or state route 238. there may be crews heading north out of fremont, so that's an issue for the tri-valley. contra costa county moves very smoothly. chp shouted out they've got a little breeze catching them on the benicia bridge. our friends in the black and white give a note for the rest of us out. in the south bay, 101 not slowing through san martin. this is what we're waking up to as far as the view from emeryville. >> at least the drive to work is looking good this morning. now, the drive home, that's a different story, because this storm system is going to be coming in. we can see the large swirls of

clouds and the rain that's starting to approach parts of northern california. let's go hour-by-hour so you can plan out your day. i'm going to stop it at 4:30 this afternoon. we can see there will be spotty light rain in parts of the north bay and maybe a slight chance of light showers moving into san francisco and parts of the peninsula. going toward late tonight, 10:30 this evening, we're starting to see rain moving into the east bay, all the way down the peninsula. we'll see waves of rain tomorrow. at times we may have pockets of heavy downpours and then it starts to taper off on friday morning, mostly before sunrise. they've moved the time of the oakland a's game to try to get ahead of the rain. out at the coliseum we'll see at 3:00, 64 degrees, pretty gusty and we'll at least see some dry conditions. but we start to see clouds moving in, and by 6:00 to 7:00 we start to see rain coming in

as temperatures drop. we're looking at a high of about 66 degrees today, fremont reaching 69. also 69 in san jose and 60 in santa rosa, 62 in napa. we can see how widespread this rain will be and it looks like it's going to be a significant snowmaker for the sierra. after that, our weather just dries up and a lot of the storms that will be coming our way will be heading to the north. we may see the possibility of getting 1 inches, maybe 1 1/2 inches. fremont, nearly 2 inches of rain between now and the weekend. that would be amazing. it would really help us out here. also helping out the sierra snowpack because right now it's only 30% of the normal amount, and we are seeing additional snow on the way which may bring it up a percent or two. we do need this rain and snow to come our way. temperatures will also be warming up toward the end. highs in the low to mid-60s over the next few days.

the weekend is looking beautiful, as we'll see our highs reaching into the mid to upper 70s, and then cooling down for the first part of next week. but san francisco, it's also going to be chilly for today and tomorrow, and especially on friday. now let's turn to our climate in crisis. this week is earth week and here at nbc bay area we're covering all kinds of stories. and there's help you can do when it comes to everyday chores. as meteorologist vianey arana shows us, it can start with something as simple as changing the way you shop for groceries. >> i do my best to bring my reusable grocery and produce bags every time i'm heading to the grocery store. did you know that you can buy foods in bulk locally without all of that wasteful and harmful plastic? let's check it out. according to earthday.org, single use plastic has tripled since the start of the pandemic and a big driver of waste is

packaging and takeout orders. we set out to find a better option and came across a sustainable friendly shop in oakland. >> welcome to the food mill. this is our bulk food section. we have probably close to 1,000 different flowers, grains, spices, herbs, nut butters. >> the owner says the food mill started as a general store back in 1933, but has since evolved with a focus not just on fresh groceries, but also bulk foods, with everything from spices to local honey. >> it's time for your climate hack. >> what a customer will do, they'll get a bag and go to the bin they're looking for. for instance, let's say they wanted some cornmeal or wheat germ, you're going to scoop out exactly what you need from the bin. >> so what's the payoff? >> so it's just a huge savings,

again, you just get what you want and that way there's a lot less waste at home. there's a lot of people who keep things in the cupboard and they're throwing things away because it gets too old. here you get fresh product as you need it. >> i had to buy whole bottles to make one dish and now i'm stuck with these spices. nearly 40% of all food in america is wasted. that's about 108 billion pounds of food in the u.s., if we all tried to buy the exact amount you need instead of the whole bottle, you could eliminate not only food waste, but the packaging, that will keep thousands of tons of waste from ending up in our oceans and waterways every year. >> for more of our earth week coverage, visit us online at nbcbayarea.com and click on the climate in crisis tab. >> good information. vice president kamala harris is returning to san francisco the same day former president

barack obama will be in town. you can imagine it is going to be busy thursday in the bay area. the vice president will visit ucsf tomorrow as part of an effort to address maternal health. she's expected to tour the facility, visit expectant families and give remarks. former president obama will be at stanford for a separate event, he's giving a keynote address for a cybersecurity conference, the focus will be on combatting digital disinformation. the event is co-hosted by the policy center, the obama foundation and stanford. it is 4:53 this morning, and taking a stand to defend himself. still ahead, the statements johnny depp made in court in his $50 million defamation trial and the accusation he's facing. and happening now, thousands of nurses across the sutter healthcare are locked out of their jobs. this follows their participation in a one-day strike across northern california on monday. sutter says that it guaranteed

five days of work for replacement nurses to step in during the demonstration. the company says the step was necessary in order to secure enough staff amid widespread worker shortage. and it says that nurses who participated in that strike may be reinstated sooner than five days, based on operational and patient care needs. we'll be right back.

i'm dan o'dowd and i approved this message. you are watching actual videos of the tesla full self driving technology as recorded by the drivers. from turning too tightly and hitting a pylon... [ expletive ] to swerving toward a pole. jesus. watch the bicyclist on the right almost get hit before the driver takes over. sometimes it seems the tesla doesn't want the driver to take over. i'm trying. this driver had to hit the brakes when the tesla didn't understand a detour sign. ok. here it almost hit a truck. obviously, i had to take over.

and here it swerves into an oncoming lane. look at that! often, the tesla doesn't know what it wants to do. what is it doing? or just doesn't know how to turn. jesus, oh my god! tesla's full self driving software for drivers and pedestrians, it's unsafe at any speed. tell congress to shut it down. welcome back. 4:56. actor johnny depp expected to take the stand again today in his defamation trial against his ex-wife, amber heard. yesterday in the court the actor says that heard defamed him when she called herself a, quote, public figure representing domestic abuse. this was in an es ska published

in the washington post in 2018. heard never mentioned depp's name in the essay, but his attorney argued it indirectly referred to allegations made against depp during their 2016 divorce. heard was granted a protective order after she claimed that depp hit her in the face with a cell phone. depp denies ever physically abusing amber. >> never did i, myself, reach the point of striking misheard in any way. >> the trial is expected to last several more weeks. sending help to ukraine. still ahead on "today in the bay," the top officials president biden is set to meet with and the additional military aid he's expected to announce to assist the war-torn country. we'll be right back.

right now at 5:00, securing a humanitarian corridor. the new agreement ukraine is temporarily making with russia to help safely evacuate thousands of civilians. >> plus, going on a crime spree, new exclusive video of the suspected home depot arsonist, allegedly caught in the act before investigators say he set that building on fire. >> and we are tracking more rain for you. meteorologist kari hall shows us a timeline of when the downpour is set to start and just how long it's going to stick around. this is "today in the bay."

good wednesday morning. thanks for joining us. i'm kris sanchez. laura garcia has the week off. >> i'm marcus washington. you can also watch us live on roku, amazon fire, apple tv, and online. >> we're going to check in with mike, who is tracking your commute this morning, but first let's start with a look at the forecast. i snuck in the back door because i thought it was going to rain today. >> it's later tonight. so it's still today, but it's later this evening. we are seeing the storm system approaching from the north. as we go through the timeline, we are changing some of our plans because of this rain moving in. they kind of shifted the oakland a's game a little earlier. and we are seeing the north bay covered with downpours at about 5:00, and moving into san francisco, as well as parts of the east bay as we go into this evening. it's going to be off and on throughout tonight and all throughout the day tomorrow. it looks lik