i think i'm past the masks right now, and i think it just has to do with being careful. >> right now at 4:30, masking hesitancy. covid is surging. so is it time to bring back the mask? doctors weigh in on the latest surge and the reason some believe we can do without. plus, no indication nor warning. the new details coming to light about the vta rail yard shooting in san jose. also, the questions that still remain unanswered. and a live look outside. you'll want to bundle up as you head outdoors today. a cold front is here. meteorologist kari hall is tracking a freeze warning and the cold temperatures expected this is "today in the bay"

streaming live on roku, amazon fire, apple tv and online. and a good morning tuesday. a good morning to you. i'm marcus washington. >> and i'm laura garcia. we'll get a look at that morning commute. first, it is cold out there. yeah, once again. i think we've had a lot of these mornings and a lot of freeze warnings, too, especially for the north bay as you get ready to head out. we have the area highlighted in purple for the potential of temperatures dipping into the upper 20s here. take a look at where we are right now. we're at 31 in sonoma. 32 in santa rosa. it's 43 in san francisco. even here, i think, we'll drop into the upper 30s. it is already freezing in dublin as well. just one degree above freezing in livermore and 32 degrees in san martin. take a look at our highs for today. we are going to see temperatures reaching into the mid-50s for this afternoon, and it's going to be kind of a cool afternoon as well and, again, cold for tonight. i'll have more on that coming up

in a few minutes. mike, you have a freeway closure? no alarm on that. green sensors around the bay, here is red. we've talked about this for two weeks and warned you about it, the closure from 84 up to sunol boulevard. this should be cleared by 5:00 and it's an ongoing project overnight through into next year, probably until april where they'll keep paving up into san ramon. your alternate taking you back over to north 680 or the longer route. the big note is, one, that additional time and you're going to slow in parts of dublin. bits of fog, patches by the auto dealership is one of the patches where our camera is. be careful, it's floating around. it is also cold. winter officially starts december 21st and covid cases are showing in the waste water. >> flu also in full swing.

as "today in the bay's" cheryl hurd explains, many are wondering if the mandatory mask requirements may come back. >> reporter: in downtown walnut creek, you can see people aren't wearing masks like they used to. >> believe me, i'm all for health, but i think i'm past the mask right now, and i think it just has to do with being careful. >> reporter: careful, yes, but health experts admit the country is embarking on something we've never seen before, a tri-demic of covid-19, flu and rsv. one in three people experiencing symptoms of a respiratory virus are testing positive for flu. while the flu is eclipsing covid as the biggest threat this season, masking is making a comeback because of a surge in covid cases. san jose state telling faculty

and students that starting december 19th masks will be required in all indoor spaces. alameda county is forcing the return of face coverings in jails, inside long-term health facilities, shelters and warming saernlts. the city of berkeley making masks mandatory for people attending upcoming council meetings. even though alameda county is bringing back the mask mandate in certain indoor situations, ucsf dr. monica gandy says she doesn't think it's necessary. >> we have a lot of good evidence that counties that put mask mandates after we have vaccines in this country fared no differently. >> reporter: not all doctors agree with that. ucsf dr. bob wapner using social media saying if you decided you don't care if you get covid, then okay to go maskless. dr. gandhy is sticking with her

research. >> there's too much data on it and you will lose the trust of the public if the counties put back mask mandates. >> reporter: cheryl hurd, "today in the bay." a man accused in a murder-for-hire plot is scheduled to appear for a pretrial hearing. dentist lily xu was shot and killed. the gunman pulls up in a white sedan and fires into the car driven by her boyfriend who later took his own life in the hours after being arrested. police arrested 33-year-old bashan. they believe he was hired so the boyfriend could live off her $12 million estate. a long, independent investigation into the mass shooting at its san jose rail yard, when a disgruntled vta employee shot nine co-workers and himself. "today in the bay's" audrey asistio breaks down the report.

>> reporter: during a press conference the vta said an outside investigation concludes the vta had no indication or warning such a tragedy would happen. >> this was a tragic and deeply upsetting event. >> reporter: so many questions remain. one of the biggest ones, was there anything the vta could have or should have known that might have prevented an angry co-worker from shooting and killing nine employees at a vta rail yard in san jose may of 2021? the vta announcing what an outside investigator found. >> the findings do establish that the vta had no indication or warning that this event would occur. >> reporter: this despite the vta admitting it received five previous reports and/or complaints from co-workers that the shooter was unpleasant, unfriendly, and they felt threatened by him. the vta saying what he did wasn't enough for termination or serious discipline. >> he did not issue any threats. he did not say i'm going to do

something to somebody either in writing or verbally. and because of that it's very difficult to do something. >> reporter: the vta says it did take action for each of those events including counseling. when asked if the vta should have done something differently -- >> you always think back to yourself what could have been done differently. it's hindsight and hindsight is 20/20. taking a very close look at all of our systems and security is going to be a robust review of everything that we have in place, any changes made so far. >> reporter: last month the families of eight victims reach a settle ment with the vta, the family of the ninth victim has not yet settled. we did reach out to the lawyers of the victims' families for comment but have not heard back from them. audrey asistio, "today in the bay." >> audrey, thank you. 4:37 and the managers of a

bay area chain restaurant are actually talking about being hit by burglars at two separate locations in two days. those thieves targeted curry up now restaurant in san jose saturday. on sunday the oakland location. managers expressed frustration saying in both cases they smashed windows, broke into cash registers and even cut into a safe at the san jose location pocketing an undisclosed amount of money. >> you are working very well, you are doing your best to give everything to the community and curry up is a family name to everyone. >> the chain owner posted his frustration on social media xl. as well. they are asking customers to order and pay online because cash registers were open. we are still waiting comment on the police invevestigation.n. stitill a ahead at 4:4:38, incentiveses for goingng elect. we'lll talk abobout the n new o

lylyft is makingg for drivevers the h hopes they s switch t to electrtric vehiclcles. stayay with usus. much more ahead.

there'e's nothing g like volunteeeering at the f fire departrtment. there'e's nothing g like volunteeeering there's nothingg like h hitting thehe waves. there'e's nothing g like volunteeeering but withth my moderatete-to-severere eca there'e's nothing g like volunteeeering it h hasn't alwaways been eaeas. there'e's nothing g like volunteeeering ...s.since my skskin was so irrrritated andnd itch. .....and even n worse with a all my gearar on. now,w, i'm stayiying ahead of m my eczema.. ththere's a popower inside allll of us to live e our passioion. and dupixexent works o on thee to help p heal your r skin

from withihin. it h helps blockck a key soue of i inflammatioion inside t the body it h helps blockck a key soue of i inflammatioion that can c cause eczemema. soso adults cacan have that can c cause eczemema. longng-lasting c clearer sn anand fast itctch relief.. seririous allergrgic reacts can occur r that can b be sev. tell y your doctoror ababout new oror worseningg eye proboblems such h as eye papain or visision chas inclcluding blururred visi, joint acaches and papain, or a a parasiticic infecti. don't t change orr ststop asthma a mediciness wiwithout talklking to y your doctoror. healing g from withihin isis a powerfuful thing. healing g from withihin ask your e eczema spececialt healing g from withihin how dupipixent can h help hl healing g from withihin yourur skin fromom within. healing g from withihin good tuesday morning to you. 4:41. as you head to work in fremont, only about 36 degrees and it stays that temperature through about 7:00. it will be a sunny day but not much warmer, and we do continue with cold temperatures in the forecast as we do remain dry.

we'll talk more about that and what's ahead coming up in a few minutes. out of fremont 680. looking at i-80, the bay bridge moves smoothly. you see the lights reflecting off the water. reflecting on the business day, let's check in with silvana. good morning. i'm silvana henao from cnbc. wall street is set to open higher as investors brace for fresh inflation data and the start of the federal reserve's policy meeting. the consumer price index is expected to show inflation eased slightly in november but still remains high above 7% on an annual rate but that's down from a peak above 9% in june and it would mark the fifth straight month of declines. the inflation data could play a key role in the fed's interest rate decision which is due tomorrow afternoon, and traders are largely pricing in a hike of half a percentage point lower than the previous four hikes. amazon has delayed the start dates for some upcoming college grads who had been set to join

the company next may. in an email seen by "the financial times" amazon blames the macroeconomic environment and tells students they won't be able to start working until the end of 2023. amazon is offering a one-time payment of $13,000 to those affected regardless of whether they decide to still join the company. and lyft is offering a new package of incentives to encourage drivers to switch to electric vehicles. the ride hailing service has pledged to go fully electric by 2030. there is a discount for drivers, those with lyft debit cards, you can earn $150 through the end of 2024 by completing 50 rides with your personal lyft vehicle. >> get in the back seat. let's go. >> right. let's go. let's do this. >> thanks, silvana. it's 4:43 right now. surviving our climate in crisis.

up next on "today in the bay," the tools that can help you when it comes to coping with climate change if you're struggling with it. we

this is s going to b be g. takingng the shawlwl off. i did d it. isis he lookining at my hahair? mymy joint paiain isn't totoo. wellll, it wasn'n't this moror. i i hope i canan get throuough . is plaque e psoriasiss oror psoriaticic arthritiss makingng you rethihink your everyryday choiceces? otezla i is a pill, , not a cm or injnjection makingng you rethihink your everyryday choiceces? that canan help people with p plaque psororiasis makingng you rethihink your everyryday choiceces? achieve clclearer skinin. otezezla is provoven to ree joint t swelling, , tenders anand pain inin psoriaticic arthritisi. and no routitine blood t ts reququired. don'n't use if y you're alallergic to o otezla. otezezla can cauause sers allergicic reactionsns. itit may causese severe didiar, nausea, oror vomiting.g. otezlala is associciated witn increased d risk of dedepress. tetell your dodoctor if yoyoue a a history ofof depressioin or s suicidal ththoughts or if f these feelelings devel. someme people tataking otea reported w weight lossss. your dococtor shouldld monitor r your weighght and mamay stop trereatme. your dococtor shouldld monitor r your weighght upper rerespiratory y tract ininfection your dococtor shouldld monitor r your weighght and d headache m may occ. tell youour doctor about yourur medicineses

and if y you're pregegnant or p planning toto be. doctors s have been n prescrig otezlala for over r 8 ye. and if y you're pregegnant or p planning toto be. don't t hesitate. . ask r doctor abobout otezla a tod. and if y you're pregegnant or p planning toto be. here we go tuesday morning, and here we go that commute. just a few. that's a live look at the bay bridge toll plaza. we'll get started with your tuesday morning. meteorologist kari hall has been

tracking that forecast, and it was cold this morning. it's cold. mike has been tracking the fog drifting around parts of the bay area. >> and folks working out in the cold. remember, we have that closure. let's take folks out because after 5:00 it won't be a major issue. crews should be clear by then, but they're doing the pavement work we warned you about for weeks. it's still closed until 5:00. it sounds like everything is on schedule. north from 84 up to sunol boulevard, the full closure. there are crews -- there was a crew south of here that cleared and another one on andrade should be cleared south down into fremont and mission. there's a patch of fog registered here and our camera does see low visibility so it sees low visibility. out of the altamont no major issues. the patch in the tri-valley shouldn't be a big problem for folks driving through it. here north of the antioch bridge there is a crash, no injuries but, still, that will restrict flow to and from the bridge for a short time. we're looking at the rest of the

bay, an easy drive, kari, and that fog up in novato not a stranger to these folks up there. we are starting out with a live look outside in san jose as we are also seeing clear visibility here but we may see some of that fog moving in as we go into late morning into the afternoon. right now the focus is the freeze warning in effect for parts of the north bay all the way up until 9:00 and we're seeing very chilly temperatures now and also for the next several days. right now we're at 31 degrees in sonoma. it is freezing as well in santa rosa. napa a couple degrees above freezing but it is at freezing right now in vacaville as well as dublin and palo alto and also in san martin. so a lot of our valleys starting out below freezing and it gets even colder for santa rosa at 32 right now. we'll drop down to 29 around sunrise and then later today we'll start to see our temperatures warming up just a little bit. it's still going to be a cold day. and for the next several days make sure you're dressing in

layers. also, especially if you have to work outside you're wearing a hat and keep those pets inside as well as protecting the plants. a lot of the citrus crops and tomato plants may be alive. make sure you're protecting them as well as protecting any exposed water pipes outside and that car tire light may be coming on with these kinds of temperatures. we're headed for the mid-50s for not only today, the next several days, and maybe even more fog will hold those temperatures down as we go toward the end of the week. we'll see still some chilly temperatures but also the overnight hours we'll focus on because we'll see widespread freezing temperatures and frosty conditions for much of the bay area. looking ahead, it continues to stay dry, and even going into the weekend, a slight chance of rain but it is diving to the south of us. our seven-day forecast shows that we'll be in the mid-50s

here going only up to about 55 for the inland areas on friday and then going into next week we'll see clouds gradually starting to move in and for san francisco temperatures in the low to mid-50s over the next few days. and now let's turn to our climate in crisis. every day we see the impacts of how our changing climate is making weather worse from intense droughts to heat waves and floods and sea level rise. that daily deluge of information for young people may make them feel anxious, dread or grief about the accelerating effects of climate change. lx storyteller chase cain can help you. >> reporter: guided, minded if breathing. meditation, practices aimed at anxiety or grief. activism and volunteering or any kind of climate action. climate aware therapy led by specially trained therapists. mindful walking, time in nature,

and plant medicine. >> now chase really goes into detail with each of these coping mechanisms, and you can watch the full story on our website on our climate in crisis page nbcbayarea.com or go to lx.com. marcus? kari, thank you. so sam bankman-fried, founder and former ceo of crypto giant ftx has been arrested. the bay area native was taken into custody in the bahamas after criminal charges were filed against him. "today in the bay's" terry mcsweeney reports. >> reporter: sam bankman-fried arrested in the bahamas, expected to be extradited to the u.s. he ran ftx that collapsed leaving more than a million investors out in the cold. some big investors and some smaller ones like manny bautista can't get his hands on his $35,000 investment. >> i think he should go to jail and there should be a way for users to recover funds. >> reporter: ftx founded in 2019

was worth a reported $32 billion and attracted celebrity endorsements. bankman-fried has been on an apology tour since filing for bankruptcy last month. >> i made a lot of mistakes last month or things i would give anything to be able to do over again. i didn't ever try to commit fraud on anyone. >> reporter: san jose state engineering professor and tech expert says bankman-fried may have become his own worst enemy. >> he's implicated himself by talking too much about what he's done. >> reporter: some want to know if ftx misappropriated customer funds when it loaned money to his hedge fund, alameda research. >> an alarming lack of internal controls and egregious governance failure. >> reporter: the u.s. attorney for new york says charges could

include securities fraud, wire fraud and money laundering. terry mcsweeney, "today in the bay." 4:52 right now. happening now santa clara county is crediting a new state law for providing nearly 2,500 tons of food to those in need. that law requires all grocery stores and other businesses to donate surplus items in part to decrease excess food and landfills. during the first half of the year, it actually helped santa clara county prevent the release of more than 300 tons of methane. in 2024 that law will expand to include restaurants, schools, health facilities and hotels. good news for people -- [ no audio ]

tyson boboneless bufuffalo s anand hot wingngs haveve that taststy kick of flflavor... tyson boboneless bufuffalo s anand hot wingngs ...so theyey're perfecect for r any get-totogether.... ...if f there are e any left when youour guests a arrive. ...so theyey're perfecect for r any get-totogether.... tyson anany'tizers®® chic. morere kicks of f flavor. tyson anany'tizers®® chic. more smimiling snackckers.

momore to loveve. tyson. more smimiling snackckers. there's s something g new frm better t than bouillllon intrtroducing ththe culinary collecection. chchef-createded flavor cocombis like..... smoky chchipotle and italian herb that add a a little sosomethig special to your fafamily favororites. but don't take ourur word for t mwah!! the culinanary collectction, fm betterer than bouiuillon

welcome back. it's 4:56. good news for people trying to make it in the bay. more affordable housing including below market homes will be coming to the south bay after years of back-and-forth

debate. scott budman explains it's all the result of a political compromise. >> reporter: it's now an abandoned building but this site will soon be filled with new housing. >> what this plan will allow for is 32,000 units of housing in north san jose. >> reporter: the bay point parkway location between tasman will give san jose some of what it desperately needs. >> in order to address the housing needs, we need to build along the entire continuum of housing, so that's everything from market rate housing down to extremely low income housing. >> north san jose is the economic engine, silicon valley, home to the big tech companies and start-up incubators. as it continues to grow and flourish, san jose has the potential to bring new life to the city. >> reporter: hundreds of places to live. about a year away from being built after an agreement struck by politicians to open the site for renovation. >> reaching this settlement was

important, invest money and efforts into addressing needs not on lengthy lawsuits and legal battles. >> reporter: the proximity to public transportation, about five minutes that way and you are at light rail. two stops the other way, you're at the milpitas b.a.r.t. station. scott budman, "today in the bay." 4:58 right now. near record travel numbers forecast for the holidays. coming up on "today in the bay," airports plan to be busy in the coming weeks.

he think i'm past the masks right now, and i think it has to do with being careful. >> right now at 5:00, masking in some places making a comeback. doctors weigh in on the latest covid surge and the likeliness it may trigger new masking requirements. also ahead in the live report insiders explain what is triggering the shortage in flu-fighting drugs. no indication nor warning. new details coming to light about the lead-up to last year's vta rail yard shooting rampage. the changes made by the agency ever since that tragic death. also, the clock is ticking on a government shutdown. we're live in washington as lawmakers race to hammer out a new spending deal as president biden prepares to sign a history making bill into law this is "today in the bay" streaming live on roku, amazon fire, apple tv and online. a very good tuesday morning to