osteo bi-flex - available at your local retailer and club. next thing she knew, she was on the ground and could hear my dad calling her name. >> right now at 5:00, a call to action, one east bay family is speaking out after a family member is violently attacked outside of a restaurant. the action they now want to see city leaders take to protect others. secret cameras discovered in one bay area starbucks restroom. the arrest made and the search for possible victims. also, dry brush and rising temperatures in the week to come. the dangerous combination already increasing concerns as brush fire sparks overnight. this is "today in the bay," streaming live on roku, amazon fire, apple tv, and online. >> welcome to tuesday morning. thanks for starting your day with us. 5:00 right now. i'm laura garcia. >> and i'm marcus washington. there is a lot to get to this

morning. mike inouye is tracking breaking news for the commuters in the north bay, mike. >> that's right. we have three active alerts from chp right now, two of them are in the north bay and this is the most severe, someone has been hit and killed on the freeway southbound highway 101 is closed or stopped at spencer avenue, coming down toward sausalito, not a great area for options on your freeway. south 101 will start building up as we're looking toward bridgeway, that can slowly take you through carefully take you through sausalito, that is one option for you. hoping to have one lane open soon but we don't know exactly how much investigation, a pedestrian for some reason was on southbound highway 101 and that will demand some investigation at the very least. looking toward northbound 101 where all the slowing off of that richmond bridge to san rafael has cleared up. we're told one lane is open northbound. there were a lot of chains spilled onto the roadway, about 1,000 pounds. i was told recently they had

that person arrive. the slowing looks like it has cleared so that's okay for that portion of the north bay. over here getting away from the bay bridge el portal eastbound 80 one lane open toward the carquinez bridge. the earlier crash an alert as far as chp is concerned. the counter commute direction westbound is fine and the rest of the bay the commute is moving smoothly. over to you, kari. we're going to take it from here, thank you, mike. >> we have live coverage on the dangerous drought conditions. "today in the bay's" kris sanchez is tracking the fire on highway one near optos. >> first meteorologist kari hall has more on the hot week ahead. >> today we're dealing with the mild weather but preparing for a big ramp-up in our temperatures going into the weekend. so now is your time to prepare for the fire danger, and the heat, making that defensible space around your house as well as being prepared for the potential of power outages, as the very dangerous heat comes

into the bay area. now we're seeing some of the heat as the excessive heat warnings going up for areas just south of the bay area and this starts on wednesday but continues through tuesday. there will be several days on end where there will be extreme heat across the region. for the bay area, the heat watch begins on saturday and continues through tuesday, so it does come in a little bit later for us, but it will be very hot with the potential of getting up to 110 degrees possible for some of our interior valleys, so during this time, you want to make sure that you're reducing the outdoor activity, you're drinking more water and you're also watching out for that increased risk of heat-related illnesses, especially going into a weekend where a lot of people are making plans to be outside, so now let's turn to "today in the bay's" kris sanchez tracking the fire threat already looking looming due to dry conditions and kris, that fire that broke out overnight. >> and with the temperatures that you're projecting, it's no

wonder that our fire danger is increasing, and we already got a taste of that fire that you mentioned overnight. this happened about midnight in at aptos along highway 1. firefighters were working to get it under control and able to do that in short order. with high heat and dry fuels, you can see how dry everything already is, fire risk will continue to be high around the bay area. now according to the fire outlook put out by the u.s. forest service, we are now entering what will be likely the worst part of the fire season. according to analysis by the national interagency fire center, in september, the risk will be the greatest in the east bay and the north bay. don't expect -- we don't expect any pg&e public safety power shutoffs, the psps, because of the heat, but you'll want to mind your power use to keep the lights on for everyone. the utility suggests cooling

your home early when the power is plentiful and close your shades to keep the heat out, the sun out, turn off any unnecessary lights if you can. also if you can set the thermostat to 78 degrees or higher between 4:00 and 9:00, that will help protect the power grid as well, and this is my favorite tip, delay those large appliances, like the washer and the dryer and the dishwasher, save the chores for later or for the morning hours. if you have car trouble and you have to pull over, take care not to pull over at any grassy areas that could potentially catch fire. marcus and laura? >> thanks, kris. don't forget our nbc bay area app a great resource for you to get information about that weather. you can download it for free and also get up to the minute weather alerts sent straight to your phone and customize it to your neighborhood to track how hot it will get. it is 5:05. a new legal twist in the fbi search of donald trump's florida

home. a special master to oversee the efforts of the fbi seized during the search, the justice department says it filtered through the documents. "today in the bay's" brie jackson is live in washington this morning. brie, what are prosecutors saying? >> good morning, laura. in a filing the justice department said it did identify some documents that may fall under attorney/client privilege and they're putting those to the side. it's now up to a federal judge to decide if that's enough. a show of hands in an investigation with constant legal maneuvering, the justice department revealing a limited set of what could be attorney/client privileged information was seized in the fbi's search of former president trump's florida home. >> they wanted to address those factual and legal issues. >> reporter: doj says overall, the fbi seized 11 sets of classified documents, that's in addition to another 184

classified documents trump turned over earlier this year. mr. trump's lawyers still want a neutral party, what's known as a special master, to sift through the items. >> we still need judicial intervention. we need a judge to monitor our access to these documents. >> reporter: on thursday, a federal judge will hear arguments over the request and has signaled she'd appoint an independent set of eyes to review the evidence gathered. trump ally, lindsey graham warning of major backlash >> there will be a lot of upset people if there is an effort to charge president trump with a crime of mishandling classified information. >> reporter: the director of national intelligence will conduct a damage assessment to determine'former president's storage of materials put the country at risk. the white house is distancing it self saying it did not request the review nor has the president been briefed on the matter. doj is expected to file a more detailed response to trump's request for a special master by the end of the day.

on thursday, president biden will deliver a prime time speech to address how america's "rights and freedoms are still under attack" and appeal to voters headed into midterm elections. laura? >> we'll be listening. brie jackson, live from washington, thanks so much for the latest. 5:08 for you this morning. vallejo police are investigating an armed robbery that left an elderly woman injured. she and her family members were out for dinner sunday night when the robber attacked the 71-year-old woman in a parking lot. family members say that the thief struck her in the head and took off with her purse. that come suffered bleeding in her brain, but her conditions have stabilized. >> he's a coward. they prey on, you know, elderly. my stepmom is 71 years old, you know, and she is just having a nice, you know, nice night out with, you know, friends and

family, and for this to happen, it's sickening. it's really something needs to be done. >> the woman is said to be groggy but she may be released from the hospital as soon as today. happening today, a suspect accused of placing hidden cameras in the bathroom at an east bay coffee shop is due in court. the contra costa county d.a. charged 54-year-old steven novelli with 83 felonies and misdemeanors. investigators say on two occasions he put hidden cameras in the restroom of the starbucks on main street in downtown walnut creek. novelli was attempting to make child pornography. police are looking for possible victims and want to talk to anyone at the starbucks on the afternoon of june 4th or july 23rd. new details about a well that washed ashore in half moon bay on sunday, manhattan beach near the ritz-carlton hotel. the team from the marine mammal center conducted a they cropcy and found the whale likely died

from a ship strike. nine whales have been found dead in the bay area so far this year. it is 5:09 on your tuesday morning. taking a peek outside, a live look at downtown san jose this morning. kari's been keeping track of our forecast. when is this heatup going to kick in? >> it will kick in for the weekend. we have time to prepare and enjoy some cooler weather. let's get a look at what to expect. today mild temperatures but there will be a hazy sky due to some of the wildfire by the end of the week, the warmup begins and the weekend is when we will really feel that dangerous heat. look at our highs for today, reaching 85 in dublin, 83 in martinez. napa 79 degrees, and oakland in the low 70s, while santa rosa will see a high of 82. san francisco will be in the upper 60s. tomorrow, still some low 80s for san jose, but we will have some more low 90s for the interior east bay, still while oakland sees a high of 77 degrees, we'll

see some mid-90s inland and turns to 102 on thursday for fairfield and some mid 80s for fremont and san jose. mike getting out the door headed to work, where can we find lower gas prices? >> trying to find the cheapest gas prices to fill up, san jose at arco on branham lane gas for $4.76 a gallon. oakland at the go gas and food is $4.89 in the middle and gas and shop in san anselmo in the north bay on sir francis drake boulevard gas for $4.75. some pretty good deals from around the bay. most around the bay speed sensors are looking great as well. we have three alerts we're tracking and all on this map right here, one on san pablo eastbound 80, one lane's open, we'll talk about why, there was a truck fire there, but here this is the most severe, someone has hit and killed on southbound 101, so the sheriff's office and chp have closed south 101 at spencer avenue. if you're familiar with the area, you can probably go

through sausalito carefully, cautiously down bridgeway along the coast, and then come back on 101 south of there but that's going to add a lot of time, right now crews are arriving on scene. i'm told the coroner is not there yet. the coroner has just been called and maybe another 90 minutes so i'm hoping they can open at least one lane as far as traffic flow goes. only one lane north 101 north of 580 and third street there because of another crash. there's a lot of metal debris on the roadway. we'll watch that. back to you. >> a lot going on out there. thank you. 5:12, improving your internet connection. ahead on "today in the bay," the new software apple is reportedly rolling out to boost web access for its latest iphone. how about a seat belt for your internet, protecting kids online? we'll take a look. plus if you ever kept a secret stash of treats from your partner or didn't tell them about the impulse buy, stick around. we'll tell you the surprising number of people who are just like you and why it may not be so bad for the relationship.

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hey, thanks! we got a muffin for ed! all right! you don't need those calories. can we at least split it? nope. advanced security that helps protect your devices in and out of the home. i mean, can i have a bite? only from xfinity. nah. unbeatable internet. made to do anything so you can do anything. good morning to you. it is 5:15. let a's start in the south bay with a live look in san jose. right now it's mostly cloudy, 61 degrees. nice quiet morning and going to be a very comfortable day for your outdoor activities, even into the afternoon, but we are getting ready for some intense

heat for the holiday weekend. i'll have that in the forecast coming up. we have the north bay with two alerts, first is a deadly crash south 101, all lanes blocked at spencer avenue. trying to see if chp thinks they're going to try to open one lane. we have an alternate but not a quick one. be careful up there. northbound 101 jammed up because all but one lane are blocked by metal debris across all lanes north of where the richmond bridge comes over and meets with highway 101 in toward more of the north bay. in the east bay, we have a crash, a burnt out truck blocking all but one lane counter commute through el portal. we'll check on all of these coming up. good morning, happy tuesday to you. more down roar owes on the close but futures call for a better day today. we may get a rally. the national labor relations board says tesla was wrong to prohibit its workers from wearing t-shirts that promoted

auto unions. tesla will need to change its dress code. shares in bed, bath & beyond popped. this may not look like much but this is like a 24%, 25% percent game. it is one of the meme stocks where people promote the stock for their own benefit online, a strategy that's been around for a long time. >> it's just exponentially more huge due to the power of the social internet. government will, regulators will get involved, things will change, but i do think that this is an element of the weather that just like climate-change driven storms it's here to stay. >> both sides of the california state house passed a bill to protect children online called the california age-appropriate design code act, most people cull it the kids bill. the bill needs the governor's signature and newsom has not taken a public position on it but it would require app makers to create default protections for children.

in other words, could you turn safety features off on an app but when you load it onto your phone the safety features would be in place so for instance on a social media app, the abiliior strangers to contact you would be turned off. one of the cosponsors of the bill compared it to automobile safety. we expect cars taph air bags and seat belts when we buy them. the state house has been busy. another proposed law called the fast bill would create a board made up of politicians and employers and workers who would set the minimum wage for fast food workers all over the state. it's an extraordinary step for any state. it's never been done before. not clear if newsom will sign it or veto it. all states, talking about state or federal, all governments reserve the right to create a minimum wage, but this would be a separate minimum wage for a different industry set by people who were not elected. and that's got some opposition to it.

>> some people are concerned that it could raise the price of fast food. >> no question. several economists have said the very same, that if you raise labor costs, you're going to raise food prices. >> and depends on where you live, too. >> that's tough. thanks, scott. >> you bet. apple is reportedly working on satellite connectivity for the iphone 14. the feature was previously rumored to be included on the iphone 13 last year. a top apple analyst says the company finished hardware testing ahead of mass production on the iphone. the feature will allow users to send text messages via satellite in areas without cell coverage at least in an emergency. trending this morning, and we won't tell anyone if this is you, but do you secretly hide purchases from your significant other? >> like say you have that secret stash of snacks or maybe even you're not disclosing the amazon delivery you rush home to get it before the partner sees? it turns out if that's you, you are not alone here. a new indiana university study finds nine out of ten people, yes, nine out of ten people keep

some everyday consumer behaviors away from their partner but here's the good news for you. it can actually end up boosting the so-called relationship investment. that's because they say that those same people often end up spending more money or energy to make up for the not disclosing. some people may call it a lie. couples often kept the same purchases secret from each other so okay, i want to know about you. if you purchased those and hide it from your significant other, i want to know. i posted this online and you can see right now, most people say no, i tell boo everything. the first one is, yes, but don't tell and no, i tell my boo everything and the other one is only when it's a surprise. there you have it. we'll review those results midday so stick around for that, too. >> there's no hiding it in my house. >> no, unless it's a birthday present.

>> he might open that, too. >> laura tells me the extreme lengths to hide christmas presents. >> yes, sometimes i hide them so well, i don't know where they are. >> all right, so i don't know, are there any amazon trucks here? we're looking right now live in dublin on 580, and it looks pretty good here. we're starting out with some quiet weather, upper 50s as you're stepping out the door. a nice cool morning and it's going to be a slow warmup today, as we're still enjoying some mild weather for much of the bay area, but as the seven-day forecast comes up at the bottom of the screen, i don't know if you want to look but you want to be prepared. it's only up to about 80 today in san jose and 89 today in livermore. martinez the low 80s and santa rosa a high of 82 degrees with upper 60s in san francisco. as we go into the day tomorrow, it's pretty much the same. there will be a few spots that start to feel a little bit warmer like morgan hill, hitting 92 degrees, also 92 in concord,

and then on thursday, that's where we're starting to see temperatures noticeable difference in the air, with fremont hitting 86 degrees, and 102 in fairfield and we do continue to heat up for the weekend. we've been talking about this large area of high pressure, and intense heat that's going to build all across the region, first starting in southern california, so if you're going there, it's going to be hot as the possibility of 115 degrees is in that forecast there. for us, as we go from saturday through tuesday, we will have a heat advisory, possibly an excessive heat warning that will continue throughout the labor day weekend. the hottest temperatures we've had in our microclimates we'll be close but i don't think we'll reach a lot of those records but a daily record is in the cards for us as we go toward saturday/sunday, as well as labor day. look at the numbers there, as we reach over 100 degrees inland. san francisco may be able to

hold onto the milder weather, but we're still hitting low 80s there. mike, you're tracking three alerts on the freeways. >> three alerts, very early, not even 5:23. we'll zoom into the most severe of these shall the stoppage of all traffic southbound 101 at spencer avenue, coming down through sauce lita bridgeway, your slower more careful alternate on the major surface street. be careful, a deadly crash has folks held up south 101. i understand they're holding traffic at the marin city line. northbound we had some slowing because of metal debris in the lanes. they may have cleared those lanes because the speed sensors have lit up again. we'll check on that traveling north on the bridge from richmond and getting away from the bay bridge toward the carquinez bridge, east 80 still just one lane open from an earlier truck fire. back to you. >> thank you, mike. >> thank you, mike. 5:23 this morning. next here on "today in the bay," "nbc bay area responds." >> he's got an $11,000 check but the bank won't cash it. i'm consumer investigator chris

chmu. "nbc bayra a

good morning. barry in cupertino did something unusual back in 2017. he put money away for a rainy day by purchasing a wells fargo cashier's check. $11,564 bucks. this past july he had to make a car payment, so he asked wells fargo to cash that check but barry says the manager told him

the check was old and they sent the money to the state's unclaimed property office. >> so i was really upset. i asked them why was it my problem and not yours? they said we didn't have the money anymore. >> barry asked us to check out his issue. we asked wells fargo to take a second look. within two weeks the bank let larry deposit his 11 grand. wells fargo sent us a statement saying "our unclaimed property group was able to make the customer whole before the funds were sent to the state." the check was 5 years old. the state's treasurer does not recommend keeping them that long. any cashier's checks within three years of the date of issuance or return them to the bank for reissue. if you have trouble cashing something you paid for give us a call, go to nbcbayarea.com and click the "ponds" option from the main menu or call us,

888-996-tips. one woman has died, two others are still in the hospital after this senior care facility here in san mateo gave them dish washing liquid instead of juice. up ahead, we'll tell you why one woman claims negligence at the senior facility is not a first. stay wh us. stay wh us. you'itreyo ghu miret alknady thow roat p tp 27 aaxesegnd resulat

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that should not happen. that is a terrible mistake. >> right now at 5:30, a deadly mixup at a senior home on the peninsula. the mistake that took a resident's life and put two others in the hospital. and the errors one attorney says it's been accused of in the past. frightened parents demanding answers after a 13-year-old is shot at an oakland school. the action school leaders are taking today. a shooting in a packed airbnb home. the new claims from state and local leaders faulting the homeowner and the fallout the homeowner may soon face. this is "today in the bay," streaming live on roku, amazon fire, apple tv, and online. >> a good tuesday morning to you. i'm marcus washington. >> and i'm laura garcia. let's start with a look at traffic. mike is tracking several alerts. >> it's going to be an issue for folks in the north bay, two

alerts are there. looking at south 101, there is a deadly crash south 101 at sausalito at spencer avenue, the location given just a few minutes ago. we learned chp reopened one of those southbound lanes so at least traffic is able to get through and bridgeway is where a lot of folks are also i'm sure using if you're leaving from sausalito you'll join the freeway south of there. north of there, there's another issue with a bunch of metal chains perhaps across the lanes over in san rafael north 101 just past 580, the slowing seems to be clearing there, so i'll wait for an update, hopefully we have more lanes cleared in that section. earlier truck fire east 80 at elportal. as the sun comes up folks will see the burnt out big rig and be distracted. westbound is slow with the commute through san pablo. >> let's get to weather where we're enjoying quiet conditions here, we're mostly cool, calm

and also mostly sunny for many of our microclimates. in oakland we start out at 58 degrees, headed for about 67 for your lunch time and 7 for an afternoon high. 89 in livermore, and 88 degrees for a high temperature in morgan hill today. mountain view reaching 77 and 82 in santa rosa. what we've all been talking about is the extreme heat ahead for the holiday weekend. we'll talk more about temperatures and where we could hit 110 degrees, that's coming up in the forecast in a few minutes. marcus? >> thanks, kari. developing for you this morning, police are investigating the death of a patient inside a senior care center from what they're calling an accident, from what the facility says also sent two others patients to the hospital. this is all unfolding at a care center in san mateo. "today in the bay's" ginger conejero saab is live for us outside of that facility this morning, digging deeper into some of the claims of negligence at this same facility, so ginger, this is not the first time something like this has

happened. >> reporter: that's right, marcus. there are a lot of unknowns at this point, but what is clear, this senior care facility has faced lawsuits over negligence multiple times over the past few years. the latest incident happened on saturday. three residents were given dish washing liquid instead of juice. one 91-year-old woman died and two others are in the hospital. family members tell us the 93-year-old victim was a long time san mateo resident with nine children and they want answers. in a statement, atria park of san mateo says "the residents were transported to the hospital for evaluation and treatment." it goes on to say it is conducting its own internal investigation and the employees involved have been suspended. atria has several assisted

living facilities throughout state and many others around the country. the facility is no stranger to lawsuits. a local elder abuse attorney who has filed four lawsuits against atria in the last four years and two against this particular facility in san mateo. at least one of those cases, she claims one of the residents died due to negligence. >> they've been from falls, wounds and things like that, all of them really with a basis of not having enough staff, and not enough training at the facilities. it didn't come in a juice container if it's poison, so i have a hard time believing that. >> reporter: atria senior living emphasizes the safety and well-being of their residents remain their top priorities. a woman we spoke with off camera has a client at this living facility and wasn't surprised to find out what happened. she believes the center is severely short-staffed.

>> they would leave like the plates in the room and sometimes they're like stacked and nobody picks it up. so i have to clean it myself. >> reporter: authorities are working with the california department of social services to dig into this deeper and find out exactly what happened. we're live in san mateo, ginger conejero saab, "today in the bay." >> when you trust your loved one in the care, he hope this doesn't happen. hope they get things together over there. thank you. parents and children in east oakland are living out a nightmare after a shooting on campus sent a young student to the hospital. counselors will be on hand as students return to class at madison park academy. "today in the bay's" bob redell joins us live. bob, the kids involved here, they were middle school aged. >> correct. good morning to you, laura.

the student who was shot, 13 years old. the suspected shooter? 12 years old, not clear if the shooter, the suspected shooter is a student at that school as well. the shooting happened yesterday afternoon, talking about monday afternoon around 1:30 at madison park academy, which is a school for 6th through 12th graders in east oakland. the 13-year-old was wounded last reported to be in stable condition. not clear what led up to the shooting. police found the suspect a short time later along with a weapon. as you can see from nbc bay area sky ranger, there were a lot of parents waiting outside the gates of this school not knowing if their own child was safe. >> it's uncalled for, for somebody, a kid to shoot another kid, eighth grade and seventh grade? >> something's got to give. us adults older people got to do something about this y'all. i'm just saying. i know it's hard, these kids they're misguided, what can we do? enough is enough. >> no parent wants top send their kids to school in a day

and then called saying your kid's been shot. it's the worst thing that you can hear. >> monday's shooting follows another violent weekend in oakland in which oakland police chief leronne armstrong reported six killings in the four days prior. oakland's mayor tweeting "let me be clear: we will hold accountable those who cause harm to oakland, and we will come together to heal from these traumatic events." iness kent dal incidentally later today the family support advocates for family members who lost children to gun violence in oakland, they will meet at 2:00 this afternoon in oakland along with the police chief to call to an end to this violence. reporting live, bob redell, "today in the bay." >> so tragic, thank you, bob. 5:38, new details and new legal action in connection to a deadly airbnb shooting in the south bay last year. this happened during a large party in sunnyville home.

one of two victims died. police later arresting an 18-year-old suspect.he mercury filed against the homeowner, she did not follow short term rental laws and the shooting would not have happened there to supervise that party. it also claims the homeowners' sole intent has been to use it as a short term rental business which she continues to do today. "the mercury news" contacted someone based in maryland who identified herself as the owner of that home, but she refused to comment. >> 5:39. happening today, the man accused of starting the fire that destroyed a san jose home depot is due back in court. dylan j. cruz gogi is facing charges of grand theft and petty theft as well as arson. prosecutors say he set the fire

at the store on blossom hill road back in april when it was full of customers and workers. in addition to all the panic, the fire caused estimated damages are well into the millions of dollars. if convicted, he could spend 14 years to life in prison. developing now, strong storms leading to at least one death in michigan. high winds reaching speeds of 75 miles per hour. they actually tore through parts of southern michigan last night toppling trees there, leaving close to 400,000 people without power. the police say that a 14-year-old girl was electrocuted in the town of monroe just south of detroit due to live downed power lines. turning to our weather now, kari is tracking the warmup that is headed our way. >> we are getting ready for our holiday weekend to be spoiled by some intense heat moving into the bay area, but we are starting out with some mild weather for the start of the week, and today a lot of our

inland areas will head for the 80s and we will still have a hazy sky. by the end of the week, the warmup begins, and the weekend, we could see some spots reaching over 100 degrees. but as we take a look at our near surface smoke, we've had a hazy kind of condition to this sky, a little bit of smoke wafting in from some wildfires farther to the north. we're still looking at some of that near surface smoke today with a light shades of blue but it looks like it clears up later this evening, into the day tomorrow, as we get a slight shift in the wind direction, but we've seen a couple of these fires once again farther to the north, just kind of trapped in that marine layer but that's also what's keeping our temperatures cool as we head for 77 in hayward and mountain view. 89 in livermore and 79 in napa. san francisco will be in the upper 60s. we'll talk more about the hot weekend ahead. mike, you're starting with that alert in the east bay. >> that's right kari. this is going on since before 4:00, a truck fire for a number of hours since about 1:00 in the morning. we're looking at eastbound 80,

your east shore freeway going up toward the carquinez bridge. it's now slowing coming through richmond, and san pablo approaching el portal. westbound your commute direction starting to slow. pick up the volume and you see the flares on the opposite side of the freeway. only one eastbound lane is open. all westbound lanes are open at el portal, but it may slow as the sun comes up and you see that burnt out shell of a big rig. that's what the earlier fire was. over here i've circled the second alert here, southbound 101. folks are stopped up coming down through sausalito, a pedestrian was hit and killed on highway 101, only your slow lane of southbound 101 is open past spencer, so that will restrict folks from getting to the golden gate bridge right now, but you can still slowly carefully get through the area. north 101, there is some debris in the area as well, so watch for that just north of 580, and a look ahead toward the giants game tonight, remember, that is your predictive traffic because surface streets will get crowded before the game. back to you. >> thanks, mike. it is 5:4 2 for you this

morning. revolutionizing the roadways. >> didn't matter who you are. what matters is the small amount of information and assuring small amounts of data to tell the big picture. >> ahead on "today in the bay," a silicon valley startup working to make your commute shorter and fast we are the help of artificial intelligence. the white house says it's ready for a battle of the soul of the nation. we'll tell what you that means and what it entails. much more ahead. you're watching "today in the bay."

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good tuesday morning. right now at 5:45 in the east bay, pleasant hill upper 50s to start and mid-70s by noon. a lot of sunshine and we're still enjoying some cool weather now. we'll talk about a heatup in our forecast, coming up. we have two north bay alerts i'm tracking, this one southbound 101 at spencer avenue. one lane open, traffic jamming up from the marin city exit, the other heading the opposite direction north off the richmond-san rafael bridge. we're looking at north 101 around third still a lot of activity for metal debris in lanes. also tracking that truck fire in the east bay. more coming up. >> thank you very much, kari and mike. 5:46. president biden is planning a major prime time address for later this week in philadelphia. >> scott mcgrew, the white house says that americans are in a battle for the soul of the nation. >> and philadelphia, right, the nation's first capital where the

battle is going to begin. this is a change. joe biden the senator, the vice president and even president has always wanted to be seen as somebody who brings people together reaching across the aisle but lately he's been far more aggressive about criticizing the maga movement and former president trump. biden last week in maryland called parts of the movement "semifascist" and warned the far right was attacking the fabric of democracy itself. >> maga republicans have awakened the powerful force in america, the women of this nation, the court in its opinion used the phrase that "women have a right to vote and change this." well guess what, maga republicans don't have a clue about the power of women. let me tell you something, they are about to find out. >> correlation is not causation but at the same time we're seeing this new biden, biden's approval ratinged are on their way up, the latest gallop and

cbs polls show him coming off the lows he's seen in the past. he's still underwater but up. perhaps this is the message that people wanted to hear. we'll talk more about this battle for the soul of the nation in coming days. first lady dr. jill biden tested negative for covid and will return to the white house today. this was her second time with covid. the president had a rebound case as well. the justice department tells the courts it's done going through the documents seized at former president trump's mar-a-lago home and that its filter team did find some documents that were likely covered by attorney-client privilege which would then be returned to trump. trump's legal team has asked for an independent special master to go through the documents but asked more than two weeks after the search. so all that work's already been done, except based on court filings, it sounds as if the trump team wants more than just the documents protected under

attorney-client privilege to which they're entitled. they want to claim executive privilege. executive privilege is a rule that protects the executive, the president and the white house, and you can see the flaw here pretty quickly, trump is neither the president nor in the white house. the second argument the government is likely to make against this is executive privilege protects the executive branch from congress and the judiciary. the doj and the fbi are the executive branch. the government will likely make those arguments soon. it just asked permission from the judge to submit up to 40 pages of argument, countering what the trump team has said. the judge originally said she wanted to see no more than ten pages. we'll be waiting for whatever pages and looking at them and talking about them online. we'll do so on twitter @scottmcgrew. we want to take a live look at the traffic right around the bay area. there's nothing worse than not being able to move from point "a" to point "b" quickly.

one silicon valley startup is hoping to use cloud based artificial intelligence to cut down your wait time at traffic lights. the company is called lyt. it integrates data from car and bus navigation systems from the traffic signal network to time traffic signals more efficiently. the founder says his company recently ran a pilot program in san jose and cut travel times by 20% and reduced fuel emissions. >> we already have small computers at intersections that are adjusting to hey, we detected this many cars or a pedestrian's pushed the button. we already have this ecosystem of computation and it's connected to the internet. most cities run a private network. >> he says the program works so well for city buses, the fuel

costs saved, that was saved helped pay off costs to run the light system. this is all from a story originally airing on nbc lx. to watch this and other stories like it, head to lx.com and watch it on xfinity channel 185, or over the air on channel 11-5. this guy is sticking around all offseason and through training camp the niners were expected to let quarterback jimmy garoppolo go. at the end of the last season jimmy g. thanks fans for his time on the team. the nfl network reports he agreed to a restructured deal valued at a minimum $6 million. incentives can take it higher if he becomes a starter. last year's first round pick trey lance set to start the opener but it sets up an interesting dynamic, should he

struggle. either way, head coach kyle shanahan and gm john lynch will break down the new deal and the final roster later this morning. >> wow. >> one more year to wear the jimmy g. jersey. >> there you go. but also trey lance, my gosh, a little pressure now. >> pressure is always good. let's look at the forecast for us today. how is it looking? >> looks good for today. >> ahh. >> tomorrow, the next few days it heats up. as you're waking up and heading out a cool 50 degrees in scotts valley and we're also at 62 in san jose. in martinez you're walking out the door to 55 degrees and we're only headed for some temperatures that are about normal for this time of year, reaching 80 in san jose. 88 in san martin and 88 in concord today. napa reaching 79 degrees. the seven-day forecast is coming up at the bottom of the screen. take a look before you make any plans going into the labor day weekend.

tomorrow we're headed up for 82 in napa. some temperatures just a degree or two hotter. we'll feel the warmup in a lot of our interior valleys especially on thursday, headed into the weekend. fairfield look at that already hitting the triple digits but most of us in the 70s and 80s. dangerous heat ramping up as we go into the weekend. there is an excessive heat watch in effect now as we get closer, this will be upgraded to an excessive heat warning. it starts on saturday morning and continues through tuesday afternoon, some spots could hit as high as 110 degrees. let me show you one of the spots. we'll see interior valleys dealing with some dangerous heat. it starts on thursday, with 104. friday we're going to see triple-digit temperatures but the hottest day will be on labor day and also as we take a look at our all-time high temperatures and how hot it's been in a lot of the spots in the bay area, we're looking at temperatures that are going to be very close but thankfully it doesn't look like we're going to

hit an all-time record but we may hit a daily record, so we'll be watching these numbers very closely. take a look at our inland temperatures going from upper 80s today in our warmest spots to over 100 degrees for several days on end, but it does look like that fog holds just off the coast to keep san francisco in the low 80s. so we'll be watching that. marcus and laura? >> looking forward to it. not the heat, but you know -- thanks, kari. happening now, maybe you didn't know this but kindergarten is not mandatory in the state of california, but all that may be changing very soon. so state lawmakers have approved a bill, this would make it a requirement, but right now, required education starts at 6 years old for first grade and only about 5% of families statewide do not send their children to school by the age of 5. tracking our climate in crisis, next on "today in the bay," you've heard the term 1 in a 1,000 year flood. the reason experts say extreme weather events like that are

likely to grow more frequent in the coming years. a lot more news ahead on this tuesday morning. 5:54. you're watchg "today in the in

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let's turn to our climate in crisis from mega droughts to potential mega floods, our changing climate continues this show a growing trend in both the intensity and frequency of such events and becoming one of the most common disasters in the united states, scientists recently revealed that a mega flood could impact california in the next 40 years. and you might remember the 100-year flood that closed freeways and forced the evacuation of thousands of residents in san jose, it happened in 2017, but there is also a one in a thousand-year flood potential. it does not mean it will happen once every 100 years or a thousand years. it actually means that there is a one in one thousand potential that could happen within any given year. current trends though 1,000-year floods happen more often. there's been six in the u.s. in the past month. climate reporter chase cain from lx news takes a closer look at just how often. >> reporter: over the past 20 years, floods have become the most common disaster across the united states, they're happening three times more often than 2000. that's not that long ago and

even if we look at the year 2022, going through the first half of the year, natural disasters like floods have caused nearly $30 billion of damage in the united states and actually half of all the damage from natural disasters in the world so far this year is happening in the united states. >> so why is this happening? our warming planet has something to do with it. as it gets warmer, it holds more moisture which impacts how sudden and intense the water can come down too much at once and the soil can no longer soak in that water as the ground becomes nearly impervious, which means it cannot soak in the water, similar to concrete or hard surfaces. the heavy rain runs off and you get flooding. see more stories on our climate in crisis page and more of chase's story as well. go to our website on nbcbayarea.com and click on the "climate in crisis" tab. right now at 6:00 --

>> next thing she knew, she was on the ground and could hear my dad calling her name. >> a call to action, one family speaking out after a family member is violently attacked in a robbery. the calls from the family and city leaders to better protect seniors. the department of justice up against a new legal deadline in the search of former president trump's florida home. what investigators are revealing about the information seized at mar-a-lago and the critical decision facing the judge this week. also rising temperatures in the days to come leading to what may be the hottest days of the year so far. the dangerous combination with dry brush increasing concerns as a fire sparks overnight. this is "today in the bay" streaming live on roku, amazon fire, apple tv, and online. it's tuesday morning. good morning to you. thanks so much for allowing us to be a part of your morning. i'm marcus washington. >> and i'm laura garcia. we start out with mike inouye tracking some breaking news when