>> we don't know whether or not this is an intended effort by kizer to try to get people either to stop testing or to pass on some of those costs. >> kaiser permanent facing a new class-action lawsuit. the claims patients found surprising charges for taking a simple test and the health care provider's new response. this is "today in the bay," streaming live on roku, amazon fire, apple tv, and online. >> a very good tuesday morning to you. thanks for starting your day with us. 5:00 right now. i'm laura garcia. >> and i'm kris sanchez. marcus washington has the day off. we want to get a start of the day with the look at the forecast. i hear there's a cooldown. >> i'm so looking forward to this. it's been hot in the valley the last couple of days. >> yes. >> the fog near the coastline kept those areas cool. that will continue today. a stronger ocean breeze will help us out and bring that cool ocean breeze farther inland. as we take a live look outside in san jose, starting out with some clouds and it's going to be a partly cloudy morning at 8:00,

we're at 65 degrees. as we go through the day we'll see our temperatures warming up into the low 80s, which is actually a little bit cooler than normal for this time of year. look at our high temperatures for all of our microclimates ranging from upper 60s in half moon bay to 89 in novato and 96 in fairfield and we'll see some low 90s for morgan hill and san martin. the continued cooling will be in the forecast as we go toward the middle to end of the week. we'll talk about that in a few minutes. mike, what's the update on highway 17? >>over all things are moving smoothly. 17 was the scene of a crash with the northbound side closed earlier this morning, then things cleared after a long traffic break and we did have some slowing. looks like everything's now recovered. the summit road off-ramp was closed for a few minutes. that may be a factor. it looks like the southbound side shows slowing, maybe some distractions as the crews remain on scene on the shoulder. looking over here toward dublin,

traffic feeding in out of the altamont pass without any major problems. this is a nice, smooth drive coming in through the area, the tri-valley moving nicely. back to you. >> thank you very much, mike. new eye-opening look this morning at the devastating impact on california farmlands from our climate in crisis. it includes a huge jump in the agricultural land that's barren due to dry conditions. >> bob redell, this is the latest sight of how deep this trout is affecting farmers. >> reporter: correct, good morning to you. if you're in the central valley there's a better chance you see land like this, brown with dead grass and unplanted because of the drought and lack of water. the u.s. department of agriculture put out a report and it says that there are over half a million acres here in the state of california that are unplanted as you can see by the numbers compiled by "the chronicle" broken down by acres

fallow. from 2020, less than 200,000 acres statewide and last year, around 350,000 acres to now, which is over 500,000 acres. that's an increase of 36% since last august and "the chronicle" cites an agricultural economist who believes the number of acres for this year will increase as the drought worsens with no rain in the forecast and will lead to a steeper drop in the production of crops like alfalfa, rice, cotton and wheat. all that could eventually impact your bottom line when it comes to food prices. reporting live in livermore, bob redell, "today in the bay." >> thank you very much, bob. 5:03.

kaiser health care members might want to take a second look at your medical bills. the provider facing a new class-action lawsuit which claims patients were unknowingly charged for covid-19 tests. attorney brian devine filed that lawsuit two weeks ago in alameda county. his client contacted him after visiting kaiser for a routine covid test. the health care provider billed the patient $310. it alleges kaiser conducted a multiplex test which can detect both the covid virus and the flu. the charge was applied to the flu test. devine says others have reached out to him for the same reason. >> last representative was tested in sacramento, we have heard from people who were tested in sonoma county. we've heard from people who were tested in san francisco, and received bills, so this does not seem to be just an isolated incident. >> in a statement, kaiser writes

". t is policy to not charge for covid tests, even a multiplex covid flu test." the provider is reviewing allegations promising to make fixes if it was a technical error that was to blame. a follow-up a bay area safe injection site supporters are considering other alternatives after governor newsom's decision to veto a bill that would have allowed it for three cities. the bill called for a pilot program in san francisco, oakland and los angeles, in his announcement, governor newsom stated in part, "i have long supported the cutting edge of harm reduction strategies. however, i am acutely concerned about the operations of safe injection sites without strong, engaged local leadership and well-documented, vetted, and thoughtful operational and sustainable plans." developing right now, new fallout from the fbi search of former president trump's mar-a-lago home. trump's legal team is citing

constitutional protections in a 27-page motion filed ahead of the release of the affidavit. brie jackson is live in washington. what else can you tell us about this new filing? >> good morning, kris. this is a first filing by former president trump's legal team since the fbi searched his florida home two weeks ago. in the motion, they called the search a shockingly aggressive move and asked that materials, the materials take in that were not covered by the search warrant be returned. former president trump's legal team is requesting what's known as a special master to review the documents seized from mar-a-lago. >> we need an impartial, that means not republican, not democrat, impartial special master to go in there, take a look at what they eased. >> reporter: the justice department says the august 8th search warrant was authorized by a federal court upon the required finding of probable

cause. >> the justice department, unlike donald trump only speaks through court filings. >> reporter: the trump team's filing also lays out new details about the investigation. on august 8th, when mr. trump's lawyer was notified about the fbi search, a heated discussion ensued. the filing reveals the phone call from an unnamed trump lawyer to the justice department on august 11th, delivering this message. "president trump wants the attorney general to know that he has been hearing from people all over the country. the heat is building up. the pressure is building up." >> there could be negative repercussions in terms of perhaps feeding a narrative something is being hidden from the public. >> reporter: as public interest in the investigation intensifies, a federal judge indicates he may not unseal much, if any, of the affidavit used to justify the unprecedented search. >> the judge is putting a very fine point, a very clear exclamation point on an argument that the government raised, which was, look, people can really be harassed and intimidated here.

>> reporter: the doj has until thursday to submit redactions to the document. a federal judge also acknowledged there may be so many redactions to the fbi affidavit that it could make the document meaningless if released to the public. kris? >> all right, we'll be watching for that, thank you, brie. new details on last week's deadly mid-air crash in watsonville. santa cruz county authorities identified the three people who died. stewart can oulson, and a married couple from mer send county. a dog in that plane also died. an ntsb investigator says one of the planes was operating in a traffic pattern while the other was coming in to land. watsonville airport does not have an air traffic control tower. it's 5:08 on your tuesday morning and early live look outside overlooking san jose. we're tracking our tuesday

forecast right now. kari, we're going to start seeing a cooldown? feeling it, i guess? >> we'll start to feel that this afternoon and it's gun pretty warm these past couple of days as we look at our current temperatures, already starting out a little bit warmer than what we typically see with some low 60s in san jose, 63 in concord. mid to upper 50s for much of the north bay. let's get you out the door for the commute in brentwood. we start out at 66 degrees in the next hour and it's going to be clear there, a little bit of a breeze. temperatures start to pick up as we go through late morning. we are still going to have a hot day, as we check out all of our microclimates, we'll reach up to 96 in fairfield, while napa will see a high of 85. that's going to be a little bit cooler than yesterday. oakland reaching 78 degrees, as well as 78 in mountain view and san francisco. up to about 71, so we'll talk more about more changes ahead in our forecast that's coming up in

a few minutes. mike, where can we find gas under $5? >> a little sampling. marin gas in larkspur on magnolia avenue, gas there for $4.69 a gallon. good stuff. moving farther south the arco in san francisco, gas for $4.95 a gallon and amidor valley boulevard in dublin gas for $4.79 as well. various spots, north bay, city and the east bay, where you have options for you. the same areas on the map we have options for the speed limit which is great. a lot of them, and including one more, highway 84, you're back open for full service between 680 and mission. that's state route 238 only the map. a smooth flow of traffic out of the altamont pass into contra costa county. no clays to the maze, upper east shore freeway, the crash has cleared. back to you. >> thanks, mike. 5:10. movie lovers rejoice. still ahead on "today in the bay," remember the movie pass subscription allowing unlimited

daily trips to your movie theeter? how soon you can sign up for the new version and the catch for film lovers this time around. and a trip to europe gets a lot cheaper, end of an era as well in los gatos. i'll tell you all about it. plus -- ♪♪ >> a beloved film is back in theaters. "e.t." returns home to the big screen for a whole new generation. the bay area locations where you can catch that movie today. stay with us. you're watching "today ithe you're watching "today ithe bay."n here at city of refuge, we house up to 26 families.

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good tuesday morning. at 5:13, let's head overow the shapes up pleasant hill as you walk out the door. partly cloudy, 61 degrees. a quiet start to the day. the clouds clear out around 9:00 to 10:00 and headed for low 80s by lunch time. we'll have hot valley temperatures and staying cool near the coast. we'll check out our microclimates in the forecast coming up. >> kari, i see your east bay. looking toward oakland as well, 880 moves nicely, good volume of traffic both directions, northbound, tail lights headed up toward the bay bridge toll plaza. we have a new crash that shows up, a hazard in san jose 08 as well. good morning, happy tuesday

to you. apple will ramp up the manufacture of iphones in india as companies worry about china, this according to the bloomberg. tesla splits its stock tomorrow. the big story overall is the stock market. the s&p 500 had its worst performance in months, the dow is down nearly 2%, the nasdaq was down 2.5%. the euro has fallen against the dollar again. a euro is worth about 99 cents, a two-decade low, that is great if you are traveling to europe. it's lousy if you are trying to sell things to europe. our strong dollar or their weak euro makes american goods much more expensive. a new cnbc poll shows a vast majority of americans worry student loan forgiveness will make inflation worse. they're probably not wrong. if people are paying an average of $600 a month to pay back loans and don't have to do that, they will spend it on other things. the white house now has nine days before the student loan

payment suspension expires. we haven't heard anything. more coverage of inflation and rising interest rates are ahead on the "today" show. >> we're not quite out of the woods yet. while headline inflation is down and gas prices have fallen, core inflation are still persistently high and that's what policymakers look at when they try to decide how they should change interest rates going forward and so i would expect that interest rates will continue to rise and i think the probability of a recession remains elevated, as we head into the next year. >> this caught my eye, manresa will be told. he'll still involved in biwater and the bakery on santa cruz or university. this leaves us with a think four three-star restaurants, three is the most you can get. >> the michelin, right. >> including a couple in san francisco and of course french laundry up in -- >> yountville.

>> yountville, yes. >> very good. >> as long as they keep making the breads, we're good. >> and the bywater, too. >> that's right, the bread the pan chocolat is good. >> the curtain set to rise on a movie pass. the movie subscription theater pass is expected to relaunch september 5th. the wait list opens this thursday but this time around, customers will not be able to watch a movie a day. instead, subscribers will pay either $10, $20 or $30 a month depending on where they live and it will offer credits to watch movies. so far, the company won't say how many films customers will be allowed to watch per month. get the popcorn ready. speaking of movies, who needs a 2.0 version or reboot when you have three words that may live until the end of time. >> no need for us to say the words either. here it is straight from the

little guy's mouth. >> e.t. phone home. i >> hollywood classic back on the big screen, "e.t.: the extra terrestrial." you can see a list of some of the bay area theaters showing that. the 40-year-old film this week beat some of the latest new releases at the box office. >> i can't believe it. i was, you know, it was just yesterday. other former blockbuster also be returning this month as well including last year's "spider-man" "no way home" and "jaws." august is one of the most common months for rerelease. >> it's fun to watch the old shows with your kids. >> i watched "e.t." with my son and he was looking at the tv, what is this? i remember watching it over and over again, i was fascinated. now watching i'm like what is up

with the special effects. >> it's true. it's true. >> but at the time. >> true. >> it was something. >> it was amazing. >> i think with "stranger things" giving the context, it's more. >> my kids love it, they say the '80s are great. >> my kids are like it's not as good as you remember. i'm like, i think you might be riht >> i play the music and everything, great times. kari, temperatures in the 80s at least? >> yes, i guess so. for some parts of the bay area. we've had temperatures really spread out here, and this is our typical summertime pattern, thanks to the fog near the golden gate bridge and in san francisco helping to cool off those areas. the valleys sometimes really don't get any relief from that heat. as we look at san francisco, the bay bridge, we can see the fog right over the top of the towers there, at least for the drivers heading across the bay bridge. you don't have any issues. as we check out our high temperatures for today, we'll reach 83 in cupertino and 90 in

morgan hill, while east san jose will see a high of about 89 degrees. for the east bay, it's anywhere from 77 in oakland and hayward to 92 in walnut creek, and 95 in antioch today. along the coastline we have mid-60s. you move over toward redwood city, in the upper 70s, palo alto 81 degrees and we're up to 73 in mission district and the outer sunset will see a high of 64 degrees and for the north bay, 99 in clearlake and along the coastline, in the upper 60s in bow data bay and point reyes. napa reaching 85 degrees. we're not seeing any huge changes in our weather pattern. the monsoon rain continues across the southwest and here looking at fog along the coastline causing our temperatures to spread out. we see a cooldown over the next few days. gilroy upper 80s and low 90s today and low 80s for tomorrow and look at the weekend, saturday 78 degrees.

mid-70s for sunday and warming up for early next week. we're looking at nice weather continuing and we will continue to cool off a few degrees each day. san francisco will continue to reach up to about 70 degrees each day, and start out with clouds and fog, but then gets some sunshine. mike, you had a hazard reported in san jose. >> yes, i told you we'd check on that. also we got this likely another hazard, a disabled vehicle looks like it's on 680, although we see some slowing on vallecitosv. a lot of problems yesterday, a little sensitive. i'll check out of sunol, livermore and fremont. sjc, san jose international airport, 880 at brokaw southbound. the hazard reported, an entire tire, perhaps an entire wheel. i'm not sure if the rim's included. there may be a traffic break as you come down 880 south past 87 and 101. this is going to be a relative portion of the south bay. everything else moves nicely. the activity and slowing cleared

around summit road. northbound 101 look at that little blip just starting out of san martin that will build out of morgan hill, we'll likely see the first burst 20 minutes, 680 off of 101. roku users you can watch "nbc bay area news" any time you want anywhere you go, the local news that moves you forward and now you can stream it on your schedule with your tv or roku app. to watch "nbc bay area news" on roku, turn on your roku device and select the live tv tile on the roku tv home screen, scroll down to channel 133. now you can watch nbc baig area from anywhere in the u.s. >> no excuses. 5:22. pilots to the rescue. come up next on "today in the bay" a remarkable group of volunteer pilots using their time andtal don't save animals in need. plus -- >> we thought the war at last

was ended. >> "the return to middle earth" is almost here. the cast of "lord of the rings: rings of power" is talking about the new much anticipated series. some of the cast is on the "today" show ahead of next "today" show ahead of next month's premiere. go with simparica trio it's triple protection made simple! simparica trio is the first and only monthly chewable that covers heartworm disease, ticks and fleas, round and hookworms. dogs get triple protection in just one simparica trio! this drug class has been associated with neurologic adverse reactions, including seizures. use with caution in dogs with a history of these disorders. protect him with all your heart. simparica trio.

new this morning, a deadly

mystery leaving pet owners at a loss in michigan and veterinary members confused. a string of deaths believed to be tided to parvo. vets in the deaths in northern michigan were tied to the similar parvovirus that causes stomach issues in puppies but all of the dogs tested negative. forvo. experts are trying to pinpoint the cause. vets remind all pet owners everywhere parvo can be prevented through vaccination. contact your local vet if your dog is sick. one group of pilots is on a mission to help furry friends. >> the nonprofit pilots to the rescue flies cross-country to save animals from being euthanized. members donate their time and aircraft to find shelters to care for unwanted animals. so far this year the group conducted nearly three dozen missions and has saved close to 400 animals. >> what goes through my mind is i'm doing great work and saving these animals' lives. one thing i real i-ed doing this

work is a lot of times the animals save us. >> nbc's joe fryer joined the group on a mission to texas. see the full story on the "today" show after "today in the bay." >>hen you say puppy. >> you had meg tough questions heartbroken family as they awai. authorities in the sierra try to explain the missteps that kept them from locating the submerged car belonging to missing teenager kiely rodni. >> reporter: to boost or not to boost. pfizer asked the fda for authorization on its new covid booster. should you wait or get boosted

because they're going to update the spike proteins which haven't been updated for more than two years. >> at 5:30, moving you forward on the new covid booster shot. pfizer now seeking authorization. ahead in a live report, a new look at the timeline for that rollout and who will be eligible. and oakland community in mourning, a dentist the latest victim of deadly gun violence in little saigon. why police believe a tesla driver may be able to help catch her killer. a volunteer group does what

law enforcement could not, tracking down the car belonging to a missing teenager in the sierra. the new response from law enforcement leaders and how they explain it. this is "today in the bay" streaming live on roku, amazon fire, apple tv, and online. >> pretty much everywhere. 5:30 on your tuesday morning. i'm laura garcia. >> and i'm kris sanchez. marcus washington has the day off. we want to start with a look at the forecast. kari hall is tracking what we can expect. a cooldown, i'm so excited. >> i am, too. it's been hot for the inland areas, not so much for the coastline and parts of the inner bay. as you wake up and head out in oakland, it say mostly cloudy morning and already busy out there, as we take a look at that live camera. right now 60 degrees, as we go throughout the morning, we'll go from low 60s to mid to upper 60s and more sunshine by late morning into the afternoon. eventually we'll warm up to 78 degrees, but then you head over to martinez, and it's 91 for a high temperature, and 92 in

livermore but we will continue too see these numbers go down a little bit each day. mike, you were saying a fire may affect the earlier commute. >> that's right, the earlier commuters will be slowing through mare island. roadside fire reported, we often hear about the warming fires overnight, it wasn't too cold but i have the luxury of having a nice house to stay in overnight as well. we're not going to make comment about that. there is additional slowing that may happen. highway 4 seeing some slowing, crash highway 4 commute direction around california avenue so that may be a little bit farther west from what we have marked on the map there where the slowing is indicated. everything else moves relatively smoothly but there is debris or some sort of hazard, continuing to check south 680 around sunol. we'll bring you that coming up. 5:32, moving you forward on the new covid booster shot set to roll out in perhaps a matter of weeks. pfizer is asking the fda to

approve the new shot targeting multiple omicron subvariants. moderna is believed to be close behind. >> this is a question i've asked myself. do you get it now or wait for the new booster? ginger conejero saab is following this story for us this morning. what are the experts telling us to do? >> reporter: kris, you're not alone in asking that question, and it's a tricky question to answer because it actually depends on your age, your level of immunity, your health risk. we could be different for every person. health experts say regardless of whether you get the old booster or wait for the new one, you are protecting yourself from severe illness. pfizer is asking the fda for authorization for its new covid booster. moderna is working on doing the same. the main difference with the newer pfizer covid booster versus the old one, the new one has been tweaked to about g after the ba.4 and ba.5 strains and comes specifically as the deaf asked for the change.

ba.5 is the dominant strain in the country for some time now. the old older vaccines have not been as effective in preventing breakthrough infections with the omicron subvariant. this new booster targets just that, less infections, less chance our winter months will be disrupted at school and at work. here's the cdc director on the "today" show this morning. >> i would say there's never a bad time to get your booster if you're eligible. if you're over the age of 50 and haven't got than second booster, you can go ahead and get it now. >> reporter: there is a caveat how quickly the new booster was developed. the fda is allowing for pfizer to submit far less data on the shot than it did for previous vaccines. doctors say that may derail some folks from getting the booster. now the fda grants emergency use authorization if the fda grants emergency use authorization for

this pfizer covid booster, you may be able to walk up to your pharmacy like the one behind us and get your shots, they're already excited to get their covid shots there, that new covid shot would also be available for everyone above the age of 12, which is different from previous covid boosters. i hope that answers your question a little bit more. >> it does. they're probably a little excited to see you, they're like ginger! >> shot or ginger conejero saab? >> thank you. >> catch the live interview with dr. rochelle walensky on the "today" show, she talks about the latest on the monkeypox health emergency as well. that's at 7:00, right after "today in the bay." speaking of monkeypox, the virus is now being reported in all 50 states of the nation. yesterday wyoming became the last state to report a case of monkeypox. new york has the most infections and more than 2,700.

so far, more than 14,000 cases have been reported nationwide. happening today, marin county supervisors will vote on a recent grand jury recommendation to create an independent oversight committee for the sheriff's office. county leaders debated similar plans for years. in the recent decision, grand jurors cited a history of problems between the marin sheriff's office and some of the communities it serves especially those with higher minority populations. 5:36. developing in placer county, medical examiners will try to confirm the identity of the body found by divers over the weekend which authorities and the family believe is that of missing teenager kiely rodni. family members also acknowledging the worst saying in a statement issued last night cast under death's shadow, the rising sun shines light upon us, reminding us not to mourn our loss. kiely will surely remain with us even though we will not get her back." a volunteer dive group find her

car in the lake next to the campground where she was last seen alive in the waters also searched by law enforcement. even sheriff's office leaders admit something went wrong. >> how did we not find it searching? the lake was searched. we had divers. we had swimmers. i think that's part of what we have to go back to do and debrief. >> the group that find kiely's car, adventures with purpose was uding cutting-edge sonar technology that law enforcement did not have. the group located her car within one hour. we're following the story online and on air, head to our website nbcbayarea.com and you can find the link right on the home page. new details in the deadly shooting in oakland's little saigon that took the life of a woman sunday. authorities identified the victim. 60-year-old dentist lili xu was shot during what police belief was an attempted robbery. friends say she was loved in the community and for the past five

years was learning ballet. many in the little saigon community are shocked. >> tell the shooters, the active shooters, the people who are at risk who want to do harm because you want to come up, stop it. because you're killing not only a human life, you're killing our community. >> police believe the getaway car was a white lexus. they're also hoping to talk with the owner of a white tesla that has a bike rack attached to the trunk. the person or people in the car are not considered suspects but they may have some valuable information. parts of the southwest are experiencing historic flooding and now once again the flooding turns deadly. storms triggered major flooding in the dallas-ft. worth area in texas and in one case, a woman died when waters swept her car off the road. authorities also say she was on the phone with family members before losing contact. after months of drought, the dallas area got its third highest amount of rain ever

recorded in a single day. meteorologist kari hall is here. kari, a lot of the places can use this rain, just not that much in that short amount of time. >> right. we've been talking about how big the drought is in that area. when you get that amount of rain t basically runs off, causes a lot of flooding. it doesn't really soak into the ground, so you can see the satellite and the radar showing that now that storm has passed and continues to move off to the east. then as we take a look at the widespread drought situation, it's basically what we're seeing here in california, where there's a lot of reds and dark reds. the highest level of drought they've seen in a long time. once again the hardness in the ground that makes the water run off instead of just soaking in not beneficial but can cause a lot of problems and that's something that if we had a heavy rainfall, we would have those concerns as well. so we will continue to watch that, as we do bring it back home and talk about what to expect for today, we're headed for 80 degrees in fremont, and

87 in dublin. we'll see some low 90s in morgan hill. more sunshine and wide-ranging temperatures with our microclimates in full effect. we'll talk about what's ahead in a few minutes. mike, you're seeing delays developing. >> we expect highway 37 and 4 to slow. the unexpected slowing here for i-80 both directions around cutting boulevard. there may be some crews in the area but i checked every single one of the cameras including caltrans. i don't see anything causing the problem. mare island exit the normal slowing there. highway 4 more slowing through bay point. the rider is trying to pick up the bike in the center divide. out of lanes but it will be a distraction. 7:00 a.m., here is the first thing that will affect your

drive. the bike path that will be worked on. crews will be on the bridge so that may be a distraction for folks for that richmond-san rafael crossing, 580, right now very smooth, headed over from the east bay. oakland coliseum game at 6:40 tonight and the posey tube after the game going the opposite direction from alameda into oakland. the posey tube will be closed for schedule maintenance from 10:00 p.m. tonight until 4:30 a.m., reopened for the morning commute but you can use the bridges to the south, hyde park. back over to you. >> thanks, mike. 5:41. cracking down on excess water users. coming up next on "today in the bay," one of the biggest counties calling out its most famous residents for not doing their part to save water. the big names now under fire and how some are responding. our current president continues his very long vacation. plus implementing stricker

gun laws. how most americans would respond to tighter regulations. we break down that data coming up after the break.

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here at city of refuge, we house up to 26 families. we reduce homelessness, address mental health, provide spaces for addiction to be broken, create spaces of healing and restoration. for the first time ever, prop 27 will provide permanent funding for organizations like ours. saying yes to prop 27 means more people get the assistance that they nee they get someone to partner in such a way to see transformation come to them. yes on prop 27, because there's no place like home. happy tuesday to you. it is 5:44. let's head to the north bay, we're checking out santa rosa. it's nice and clear, 54 degrees.

it's a cool start to the morning, and it will be another warm day, so use these morning hours to get in those outdoor activities, whether you're running or working outdoors. we're going to talk about how hot it gets for all of our microclimates in the forecast coming up. not working, this car, can you see it on the right side? i'll point the arrow to t the flashing lights, just past the toll plaza headed across the san mateo bridge. it's not in the chp report, just spotted on the live camera and traffic is flowing smoothly past it. we will sea show you what else we can find out that may be an issue. i got my radar going and the cameras going, too. it's quarter to 6:00. new data shining light on the importance of stricter gun laws among a majority of americans. the tole by the university of chicago researchers finds 80% of americans believe gun violence is on the rise. more than seven in ten favor stricter gun laws that includes about half of all republicans, and a majority of those in

gun-owning households. nearly six in ten favor banning semiautomatic weapons. a similar say gun ownership is important for personal protection, the poll was conducted during the last few days of july weeks after several high-profile mass shootings. the biden administration has nine days to decide what to do about student loans. >> scott mcgrew, still no word from the president. >> the president has been on vacation for a very long time. no public events scheduled today. he went from south carolina last week to delaware this week. he's been at the white house one time since august 9th and that was for just a few hours to sign the inflation reduction act, largely thought of as one of the biggest achievements of his presidency, but he hasn't spoken about it since. now, presidents usually get out of town in august, as congress shuts down as well. president trump went to his golf club in new jersey. president obama went to martha's vineyard. the "new york times" reports former president trump had more

than 300 documents marked classified in his possession after he left the white house, some he gave back, some were found in that search of mar-a-lago. president trump's lawyers have finally asked for a special master in the documents case, someone who can sort out what belongs to the american people and what belongs to trump, and could be privileged, and then keep those documents away from prying eyes, things like letters to his lawyers. it's very common to call for ace special master, but for some reason, the trump team waited two weeks after the search. it may be too late. the fbi presumably has seen everything. in a statement, trump said "we are taking all actions necessary to get the documents back so that i can give them to the national archives" which of course was the whole point. he hadn't given them to the national archives. his lawyers claim there were no documents, but the government knew there were, and that's how the fbi ended up at mar-a-lago.

a step through here as we continue to talk about this, many of the documents were apparently classified, but that doesn't matter. the accusations are the mishandling of documents. it doesn't matter what secrecy level they were, and a reminder, trump's lawyer signed that pledge saying there were no more documents at mar-a-lago, but there were. a judge in the case filed some paperwork as well. it hints he may not release very much of the affidavit if anything. the government asks for too many redactions, the judge says it may not be worth releasing. and all those threats against the fbi are backfiring on those who wanted theaffidavit released. he judge says it may be potentially too dangerous to law enforcement. on twitter find me @scottmcgrew. 5:48 right now. happening today, another court hearing in connection to the recent dui arrest of paul pelosi, the husband of bay area house speaker nancy pelosi.

through his attorneys earlier this month, pelosi pleaded not guilty to misdemeanor charges. police in napa arrested him in may after he crashed his car into another car on highway 29. officers say he had a blood alcohol level just over the legal limit. pelosi is free on his own recognizance. at today's hearing it's possible the judge will set a new trial date. a new law is scheduled to take effect in 2024 for immigrants and extend benefits to cover all adults qualified for the state's medicaid program including those with immigration status that's in limbo, between now and that time, about 40,000 young adults currently covered under the program are expected to lose their benefits, because they are older than 25. the new law aims to ensure that they will not lose their coverage. turning to our climate in crisis sop a-list celebrities in

southern california are called out for wasting water. water leaders in calabasas sent a warning notice to some 2,000 customer. it includes kim and kourtney kardashian, kevin hart and actor sylvester stallone and retired baseball star dwyane wade, whose property exceeded its water allocation in june by 1,400%. his wife, actress gabe rel launion tells "the times" it was due to a problem with their pool and they've taken drastic steps to cut their usage. stallone's attorney says her client made similar cuts. hart and the kardashians have not yet responded. now let's look at the forecast. kari, no rain in sight but we have some cooler temperatures. >> yes, that's going to help out a lot and it's been cool in san francisco. it hasn't warmed up much but now that we have a stronger breeze helping to transport that cool air inland, that's going to help

out some of our valleys in spots like dublin, where we are starting out with a mostly sunny sky this morning, it's all clear but we will notice a little bit more of a haze to the sky, light blue shows where we will have some near surface smoke, some smoke drifting down from the six rivers complex fire farther to the north. we unfortunately with a shift in the wind will see more of that smoke coming down, and if you're sensitive to that, you might want to limit your time outside. as we check out our high temperatures for today, we're headed for 73 in san mateo, and we'll see a high of 85 in napa, reaching 92 in santa rosa. still hot for some of these areas but these temperatures are lower than yesterday and tomorrow we'll continue to come down another couple of degrees, with san jose reaching 82 degrees. we're still up to 91 in fairfield, and some low 70s expected for san mateo. going into thursday we'll continue to see temperatures once again coming down, thicker fog near the coastline but really no overall change in our weather pattern. we are going to continue to see

those morning clouds and afternoon sunshine. let's check out concord. it's still going to be hot today, reaching into the mid-90s, but look at the relief coming tomorrow, upper 80s, we'll see the same thing on thursday. just slightly warmer on friday, but it is going to be an amazing weekend ahead, with highs in the low 80s, as you're making plans for the weekend, some of our inland valley temperatures in the hottest spots will still reach into the mid to upper 80s, but it is looking like we're headed for some much nicer weather each day in the forecast, while san francisco doesn't see much of a change, more clouds and fog to start and afternoon sunshine with highs near 70 degrees. mike, you're seeing a lot of slowing in san jose. >> yes, i did see quite a bit of slowing, seeing it loosen up a tad bit, even now in san jose but the first burst of traffic has been a little more assertive, i should say, north of 680 and we see it also slowing around the airport and 87. i'm going to keep checkingor f incidents. that's an unusual pattern for this early in the morning.

we did have a bumper that was in lanes, that's what was in lanes at 680 but it lass cleared, typical slowing through vallecitos and east bay hayward southbound 880. back to you. >> we've got good news for roku users. nbc is on roku channel 133. it moves you forward on your schedule with your tv or roku app. to watch "nbc bay area news" on roku, turn on your roku device and select the live tv tile on the roku tv home screen, scroll down to channel 133. now you can watch nbc bay area from anywhere in the u.s. happening now, something to digest as you get the kids ready for school this morning. new research out of spain shows the importance of breakfast. researchers say that children who skip the first meal of the day are more likely to have trouble behaving at school. the survey looked at children aged 4 to 14 and what you want to do is maybe make that

breakfast at home, because eating out is nearly as detrimental as skipping breakfast entirely, according to that study. creating a more eco-friendly home. coming up next on "today in the bay," the new ideas on how to be sustainable and save some money while you do it. then at 6:00, a controversial bill vetoed. governor newsom says no to safe infection sites for drug users. his reason for his decision and the new response from supporters. you're watching "t

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it is 5:57. welcome back to "today in the bay." our climate in crisis, let's talk about converting your home to be more energy-efficient while reducing your carbon footprint. the recent passage of the inflation reduction act actually puts upgrading to a green home more within reach. so here's what you can do to help the environment. start with a smart thermostat to reduce your wasted energy on heating and cooling. you can change the light bulbs to l.e.d. lighting and and upgrade to energy smart appliances, and also installing a heat pump as well as the electric water heater, a better bigger way to cut your home's carbon footprint. electric vehicles as well as home charging stations will also cut your transportation carbon emissions and also getting solar

panels will help charge everything to offset those electric costs. now this is a long, expensive list of things to do. no one is expected to do all of this at once, but what you can do is check into the new tax incentives and those rebates that are now available. so with clean vehicles, you can get a 7,500 clean vehicle tax credit and 8,000 for energy rebates and 14,000 to upgrade appliances. a lot of rebates and tax incentives here. you want to make sure you take advantage of that as it falls within those guidelines and you know how to claim them. go to nbcbayarea.com, click on the "climate in crisis" tab to share the story and make sure you're doing it right. kris? >> thank you, kari. shocking new findings from brain researcher that may resonate with things that is

forgetting things often in older age. a cap emboded with electrodes delivered small zaps to the brain of older adults and it appeared to boost their memory levels for at least one month. according to the cdc, more than 16 million people over the age of 65 have some form of finding "journal of neuroscience" says the technology may one day be used at home but they need to do more research. sounds a little bit like a zap will do you. >> interesting. you see me walking around with a cap one day. >> some days i would suffer through the cap just to be able to remember. >> why did i come in this room again? i think everybody -- >> totally. trending this morning, some out-of-this-world images courtesy of nasa's new telescope. >> the webb telescope trained its lenses on jupiter. these photos jupiter's auroras northern lights which glow at both poles. for the famous red spot the uc

berkeley researcher says it appears white. it's so large, it could swallow the earth. >> incredible. barren farmland, the impact our climate in crisis is having on agriculture in the bay area and beyond and how this could soon affect your family's bottom line. >> we don't know whether or not this is an intended effort by kaiser to try to get people either to stop testing or pass on some of those costs. >> kaiser permanente facing a new class-action lawsuit. the claims patients found surprising charges for, after taking simple tests and the health care provider's response. new fallout from the fbi's search of donald trump's mar-a-lago home. now his attorney says his constitutional rights were violated. we're live in washington with the details on that new legal

action. this is