right now at 11:00, another bay area location closed for indoor dining over covid health violations. and the chain reaction we just learned about within the fast food company. good morning. thanks for joining us. i'm marcus washington. >> i'm crise sanchez. a very popular east bay n-n-out is closed when it comes to indoor dining. a health department now shut down that restaurant in pleasant hill for repeated covid violations. >> bob redell joining us from the fast food joint. talk to us. the drive-through back open this morning, right?

>> correct. the in-n-out only open for takeout. not allowed to do indoor dining because this restaurant refuses to check the vaccination status of its indoor customers or request a negative test result. contra costa health services shut down this location yesterday morning for its repeated violations of that indoor dining requirement, but this morning allowed them to reopen as long as they do takeout or drive-through only. no indoor. we spoke with this morning's first drive-through customer. she thinks the indoor dining should reopen for everyone, regardless of vax status. >> i think that's crazy. we should not have vaccine mandates. both of vus been vaccinated but we don't think people should be vaccinated that don't want to. it's our liberty. >> the county cited this

pleasant hill location four times in recent weeks for fines totalling $1750. the health department also fined the in-n-out in san ramon and notified the one in panole for the same violation. its four other locations in contra costa, san ramon and panole, brentwood and pittsburg they did go drive-through takeout only after a pleasant hill location was shut down. in a written statement, in-n-out's chief legal and business officer said they were not checking the vax of indoor customers and calls it government overreach. we refuse to become the vaccination police for any government. it's unreasonable, invasive and unsafe to force our restaurant associates to segregate customers into those who may be served and those who may not, whether based on the documentation they carry or any

other reason. reporting live in pleasant hill, bob redell, nbc bay area news. well, from checking vaccination status to vaccination for smaller kids, pfizer's lower dose of the covid vaccine is now being recommended for emergency use authorization in children aged 5 to 11 and now many agencies are starting to discuss how they're going to roll that out. >> in the north bay, one community already has a vaccination clinic for children 5 to 11 years old. so this is what we're talking about here. marin county will give out the vaccine over the course of six weekends. this is if the cdc grants approval. it's not just local health agencies. also state agencies who are making those plans. this afternoon the california health and human services agency and california department of public health, they will hold a media briefing to discuss the state's plan to vaccinate children 5 to 11. sam brock has more on the nation's timeline when young children could start getting theirshots.

>> reporter: now within arm's reach, a covid vaccine for millions of children across the country. an fda advisory panel recommending the approval of pfizer's kid-sized doses for children 5 to 11. >> at this moment, based on the totality of the evidence, the benefits do outweigh the risk. >> reporter: a major reason pfizer data showing a more than 90% success rate of shielding kids that age from symptomatic infection. the announcement welcome news to some parents. >> if we can get, you know, as many of the kids vaccinated as adults, we would be a lot closer to get back to a normal way of life. >> reporter: final signoff could come in a matter of days which means younger kids could start getting shots as soon as next week, so many other parents are taking a wait and see approach. >> i'm not opposed to vaccines, it's just that it's so new. and, you know, we don't know what the long-term effects are yet. >> reporter: myocarditis, a heart inflammation generally found in younger men was one

potential incident under the microscope. but some committee members also wrestled with the idea their recommendation could lead to school vaccine mandates. >> i am just worried that if we say yes, that the states are going to mandate administration of this vaccine to children in order to go to school, and i do not agree with that. >> reporter: right now the pfizer vaccine is authorized for kids 12 and older. about 58% of the children in that age group have had at least one shot but cdc data analyzed by nbc news reveals stark regional disparities. about 81% of kids older than 12 are vaccinated in vermont while in west virginia, that number is less than 35%. mississippi, tennessee and alabama have some of the lowest teen vaccination rates in the country. vaccinating kids isn't just for their own safety but to protect

the most vulnerable adults and the cdc updating its guidance for those americans, immunocompromised adults were already authorized to get a full mrna shot. this morning the cdc saying they khan get a fourth. despite the hesitations, experts hoping parents get their children the shots to protect everyone. >> our hope is that most kids will have full protection from this vaccine by christmas. >> sam brock reporting there. oakland unified will lay out requirements for its new vaccine mandate. the board recently voted to require all students 12 years and up to get vaccinated by january 1st. tonight the board will discuss the alternative options for students who don't get the vaccine. unvaccinated students without an exemption can transfer to the district's independent study school. if they don't transfer they could be unenrolled. if that happens they cannot participate in activities such as sports, prom nor in-person

graduations. the south bay could soon join a list of hospitals creating a specialized clinic for those who have long-term covid symptoms. as the mercury news reports, valley medical center is looking into creating a clinic to help patients who have long hauler syndrome. in a survey out of 50 primary care doctors, 75% of them say they are treating patients who have long-term covid symptoms. right now the center is awaiting the recommendation of physicians before the planning can move forward. ucsf and stanford both have lawyer clinics in place. also new at 11:00, we're learning more details about the deadly shooting involving alec baldwin. this is after the actor discharged a prop gun on a movie set killing a cinematographer. the santa fe county sheriff's office says at least one live round was recovered from the scene and that those involved are cooperating. investigators also collected three firearms and 300 rounds of ammunition from the set.

court records say an assistant director grabbed the gun and handed it to baldwin indicating that the weapon was safe. it was loaded with live rounds. at least one of them. so far no criminal charges have been filed. however, the district attorney says they have not been ruled out at this point. she says arrests will be made if the investigation shows that this was a crime and not just an accident. just in, the trial for former theranos ceo elizabeth holmes has been canceled today. this comes after a water main break in downtown san jose just three blocks from the courthouse. people walking out of the courthouse. scott budman has been following the holmes trial said there's no water service at the courthouse and even the nearby starbucks. the trial will resume on tuesday. switching gears. look at this beautiful shot here. a live look outside at the bay bridge this morning. the sun is out. a very different story from this past weekend with that rain just raging across --

>> how would you know? you were on a beach in puerto rico. >> i got the nbc bay area alerts telling me what was going on and friends tweeting things. so i -- >> haters going to hate, right? >> i'm sorry. i'm glad you had a good time. cierra and i were in the studio for you. kari hall, let's talk about the halloween forecast. that is very critical. >> yes, it's coming up in a few days, and the forecast is looking good. today and tomorrow, more sunshine and a boost in temperatures. but it is gorgeous out there. and it's been nice to see more sunshine after all the clouds in the off and on rain we've seen. today temperatures now at 64 degrees in san jose. and we're headed for the low 70s. so that's going to be warmer than where we were yesterday. a look at all of our microclimates. expect those temperatures to come up to about 74 in concord today. 68 in oakland and some low 70s in napa and palo alto 70 degrees

in half moon bay in the lower 60s. so it's clearing out now. we'll see more sunshine but we'll talk about when that rain comes back. that's in the forecast coming up in a few minutes. thanks, kari. now to overnight progress in the effort to keep the a's in oakland and to build the team a new stadium. the alameda county board of supervisors with a key vote signaling support for the howard terminal ballpark project. the oakland mayor and the a's fans are celebrating, but there's still a lot of work to do. basically in the second inning here. yes vote means money for the a's meaning the county intends to contribute some of the future tax revenue it would receive from the project to help the a's pay for affordable housing and parks and other infrastructure at that site. that would happen over 45-year period. discussion and public comment about that stretched late into the night. the oakland mayor reminding the board that the revenue the county gives only exists if the

project is done. >> i'm not asking you to be in the sports business, but asking you to be in the affordable housing and public parks business. >> after the vote, the mayor tweeted tonight's support makes it clear to major league baseball that our region is all in to keep your beloved athletics in oakland. a decision is nonbinding. is not a legal contract and the county can step away at any time. so we are counting down the days until the beijing olympics. >> definitely the year after the olympics, i did think about stepping away from the sport. it was just really hard. >> yes, we're counting down and 100 days to go before the beginning of the games in beijing. next here, we visit with fremont's karen chen and discover why she decided to go for figure skating gold one more time. and actress and singer sengtia erivo reveals why now is

the time for her debut solo album she recorded while making the national geographic series. she also shares the inspiration behind her new children's book. wow, multitalented. watch the fuel interview on the kelly clarkson show here on nbc bay area at 3:00 this afternoon. i saw you toss the kites on high... improved vision coverage.

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thanks for sticking around. here's a live look this morning at sfo. a judge has told southwest airlines that it has the right to demand its pilots to get vaccinated. if they don't comply, they don't fly. southwest is a federal contractor, and that it carries not just you or your luggage but mail and even troops at times. the pilots union has sued saying the company shouldn't make rules without negotiating with the union first. the countdown is officially on for the beijing winter olympics. we are exactly today 100 days

away from the start of the games. and as the world counts down a celebration is officially under way in the bay area. >> that's why we find nbc bay area reporter cierra johnson live from san francisco. this is where some of the local olympians and special guests are out there celebrating the road to beijing. >> good morning. i'm going to start by saying i'm going to try to keep my voice low. janelle wang emceeing that event. it's hard to believe that another olympics is just right around the corner. feels like just yesterday i was in japantown kicking off the 100 days until tokyo. things a little different now. at union square kicking off 100 days until those winter games in beijing. you can see right now we're honoring some of the local leaders. we have some city supervisors being honored and community activists. but this event got started about 15 minutes ago. runs until noon and features local and community business

leaders from not only san francisco. also chinatown community. we'll also be meeting two-time u.s. silver medality of edmonds, 1960 alpine skiing olympian and '88 and '92 skiing olympian julian yunez. we did just see the dragon dance. really cool to see and we'll also be welcoming some of those youth skaters. they were warming up and they looked awesome. so again, 100 days until beijing and it's important to note there are going to be 109 medal events across 15 sports and there will also be some new events. women's monobob, men's and women's big air freestyle skiing and mixed team snowboard cross. those are the newer events for this event. janelle wang will also be making that trip to beijing. so a lot to look forward to. you can see handing out those red vests. a lot of excitement surrounding

this event. we'll be out here until noon. we're also live streaming this event. check out some of those guests being honored or new skaters. tune in to nbcbayarea.com where you can see that live stream. for now, live at union square, cierra johnson for nbc bay area news. >> fun to hear about those new events. >> and i know you have some connections out there. if we can get one of those fleece blazers, we'd greatly appreciate it. >> i'm trying to get my own. >> all right. get ready for that monobob. >> many of those athletes from northern california are in the mix of the games. some of them like karen chen, well, she's been through this before. >> garvin thomas just got back from spending time with carrie in colorado and joins us with how she's giving it another shot and why. >> we say reintroduce because karen chen of fremont competed in the 2018 games in pyeongchang south korea. the then 18-year-old didn't feel like she put on her best

performance at those games and that motivated her to try to make the team four years later. i travelled to team usa's national train strategy in colorado springs because that's where karen has been living for the past few years to be with her coach and to be close to the best facilities and training staff you can find anywhere. karen says right after 2018, she wasn't actually sure she was going to continue in the sport. spent a year in college at cornell university in new york. ultmetly karen decide her window as an elite skater wouldn't be open forever and school would still be there. she decided to go for beijing. having been through the process once has her better prepared and she's older, more mature and more sure of herself p. i had this mentality, where i still am a people pleaser, but back then i was even more so. if a judge told me, i don't really like this program, i would change it. i was constantly trying to please everybody. so i kind of like lost a sense

of myself and what i wanted to do and so this time around at least i feel like i've got that path like behind me so i'm a different person. >> karen says living on her own first in college and now in colorado is part of what's helped her grow as a person. we've got video of her with her mother who is visiting and she delivered her skating costumes for the season which karen's mom sews herself. karen is heading to canada now to compete in skate canada, the olympic team will be chosen after u.s. nationals in january in nashville, tennessee. back to you. >> how cool is that. we don't like to count down alone. we're counting down until the beijing olympics all day long. they start friday february 4th. remember, you can only watch the winter games right here on nbc bay area. >> should be a medal for all those parents. now to a small sign of recovery amid the state's ongoing drought. this weekend rain gave a major

boost to the reservoirs in the north bay. especially the chronicle s, mar district seven reservoirs increased capacity by 18%. before the downpour on friday the reservoirs in the water shed were only 3% -- 33% full. as of monday, they were 50% full. the reservoirs provide 75% of water supply for marin county. and a powerful storm also brought back this iconic landmark in northern california. water was finally flowing again at yosemite falls. over the weekend, that happened, but before that, yosemite falls was dried up by late summer and the storm dropped nearly a foot of rain in some parts of that region. >> kari, you were there not too long ago. >> nice to see the waterfalls really flowing. it was great to see the snow in the sierra, too. i've been looking around at all the cameras. i can't help myself and can't wait to get back to the sierra.

as we look at the live view of our storm ranger parked on san bruno mountain, it looks hazy but it's taking a break from scanning all the storms and now getting sunshine. we've been talking about our water year update. we'll keep a close eye on this. it just started on october 1st. and it's not really a measure of how dry it's been because this resets with the calendar. our drought does not. we get that drought update tomorrow. as of right now we're doing pretty good and a nice start to our water year. a surplus of over 9 inches for santa rosa and oakland is at a surplus of over 4 inches. so we normally don't get this much rain this early but you can see where we stand and how much we've measured just in these past 27 days. and today we're seeing more sunshine. these temperatures headed toward 70 degrees in los gatos and east san jose will see a high of 73 degrees. we're also going to head up to about 73 in danville. hayward reaching 69 degrees. and san mateo will see a high of

67 degrees. a high of 67 also in the mission district and in the north bay we're up to 70 in ukiah and napa today reaching 71 degrees. we were just talking about this. this gives you more of a visual view of how our reservoirs are doing before all of that rain where we were seeing the capacity -- percent of capacity very low for the south bay. and we did get a big gain in parts of the north bay after the rainfall. once again nearly 50% of capacity at 71% of capacity for the east bay. that went up about 4%. but didn't really get much progress for the south bay. we do have some more rain on the way. but this will take awhile before it gets here. so we do see several days of a break. and there may be some dense morning fog. by next week that rain will be returning. we'll be fine tuning how much rain we could see again for the north bay. could be quite heavier but there's the possibility that we could see much more rain over the next couple of weeks. especially for northern

california. so we are looking at nice weather. great to also get these dry days in between. our temperatures in the low 70s inland and then going into halloween weekend, making plans to get outside because it's going to be nice. just a few more clouds moving in. but the rain holds off until next week. keep that in mind as you make plans for the weekend. marcus and chris? >> thanks, kari. >> a dream home is up for sale. it is sunny and bright. but it has a dark history. coming up, how much this famous home featured in the slasher film could sell for. >> i think i like it, though. first, happening now for you, a new democratic proposal to tax billionaires. it's being announced. under that plan the wealthiest americans will be asked to pay taxes on the gains in value from tradeable investments such as stocks this year. so the value increase would be treated like taxable income and

taxed accordingly. under current laws, those gains are not taxed until after they're sold which means the owners can defer paying taxes on that value increase for years, if not indefinitely. we'll be right back with much more.

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movie. >> the los angeles home featured in the 1984 film "a nightmare on elm street" is now up for sale. so the home has three bedrooms, 4 1/2 baths, a full guest house, a kitchen and patio. the dream home listed for $3.3 million. >> all the bad juju is free. >> halloween just four days away. let us know if it's one of your favorite films. maybe you should go to my facebook page, also on twitter. i have a list of movies to pick from. let me know what your favorite movie is. and we can talk about it, possibly watch it together. "poltergeist." >> i'm not going to do it. >> kari? >> you know, maybe watching some halloween movies this weekend but not with the kids, of course. temperatures nice and warm these next few days. a little cooler for the weekend with upper 60s and rain early next week. >> thanks, kari. thank you for joining us for

our midday newscast. the next one coming up at 5:00. >> you can get the latest information any time of day at nbcbayarea.com. or you can download the nbc bay area app. enjoy the blue skies, folks.

alright, here we go, miller in motion. wha — wait, wait, is that a... baby on the field?? it looks like it, craig. and the defensive linemen are playing peek-a-boo. i've never seen anything like that before. harris now appears to be burping the baby. that's a great moment right there.

the ref going to the rule book here. what, wait a minute! harris is off to the races! we don't need any more trick plays. touchdown!! but we could all use more ways to save. are you kidding me?? it's going to be a long bus ride home for the defense. switch to geico for more ways to save. right now on "california live," how to re-energize your home with the human power of crystals. >> plus, i've got the real deal on california's red-hot real estate market. then, meet the girl bosses who have a sweet story of success. >> a little treat in the middle. >> and amber shaking up something yummy for sober october. and it tastes just as good as the real thing. >> it really does. >> great seeing you amber. >> it's all happening right now on "california live." ♪ california