0. >> one of those voting, vince colder of monterey to try to stop trump from becoming president, saying this was why the electoral college was created. >> its intent was to actually create a failsafe, an emergency break, if you will. >> reporter: he lost in his attempt to get an injunction. but today christine pelosi, the daughter of nancy pelosi, called to demand an investigation. >> i move that we, california's electoral college members, demand an independent bipartisan investigation into russian interference in our election, and steps we can take to protect the integrity of our democracy going forward. >> thank you, electer pelosi. >> reporter: as you can tell from the applause, the motion passed unanimously, and in congress some members of congress, including some of the gop leadership, also calling for an investigation.

in sacramento, mark matthews, nbc bay area news. new at 5:00, the chp reopened i-580 near oakland. look at the mess, though. early this afternoon, a shooting on that stretch of freeway brought traffic to a screeching halt. the chp looking for shells and investigate. no one luckily hurt, but there have been more than two dozen shootings on east bay freeways alone. >> you might have seen or smelled this. a public health advisory in effect because of the flaring at the shell refinery. a power outage earlier this afternoon prompted the flaring. the health department warned people with breathing conditions to avoid the area if possible, and those who live in the area, we're told, simply to stay inside. this was also a spare the air day today. unrelated to the flaring in martinez. >> nbc bay area's meteorologist jeff ranieri tracking our air quality troubles. jeff, hard to imagine there are air troubles, because it looks so clear outside.

>> and really, that is the component that's helping to keep the poor air quality in place. relatively still in stagnant conditions in the atmosphere. first i want to address the martinez refinery issues they have been having in the wind. it's relatively calm coming out of the east at 3 miles per hour. so any kind of air quality concerns they have had throughout the day will likely just stay near martinez at this point. now, for the entire bay area, the rather still conditions in the atmosphere will keep a spare the air alert in effect, likely through wednesday at this point. worst air quality in the north bay. moderate levels here for the east bay, peninsula and the south bay. now the cold temperatures really have been the biggest weather story. the past two to three mornings. and it looks like as we head into tomorrow morning, yes, it's going to be cold near the freezing mark at 36 degrees. 7:00 a.m. for the interior valleys, but not as chilly as we have been experiencing. so we'll have more on your morning forecast. also details on when rain would move in and clear all of this poor air quality out. that's at 5:19.

>> during this holiday week and beyond, you can keep track of the weather on our website. any time. you can access our live doppler radar at nbcbayarea.com. no wrongdoing in the brock turner sexual called case, the decision made about judge aaron persky. reaction from people trying to recall persky. tom? >> reporter: the recall effort is moving forward, according to one of the organizers, and she says she is not surprised by the commission's finding. santa clara county judge aaron persky has been under fire since june when he sentenced 20-year-old brock turner to just six months in jail and three years probation for the sexual assault of an unconscious female student almost two years ago. the california commission on judicial performance now says persky did not commit misconduct in this case, or demonstrate bias against women in four other

cases he's handled. a stanford law professor, who has been leading an effort to recall persky, says she's not surprised by the finding that she says was made behind closed doors without public oversight. >> it appears this was a one-sided investigation that involved the statements of judge persky's lawyer, who -- and not, you know, anyone else. >> nbc bay area's legal analyst, steve clark, says he's not surprised by the commission's ruling either, because he says the judge's sentence followed the recommendations of county probation officials. >> the question moving forward will be, the vindication that judge persky received from the commission. will that do anything to mitigate the recall against him and the firestorm that this sentence created. >> reporter: and recall organizers who have already raised almost $400,000 for their effort say there is no question about what they plan to do. >> what we do know is that we are going to the voters with

this issue. >> reporter: a spokesperson for judge persky says because of his oath, he's not allowed to comment on this case or any other. he also said -- she said it also would not be appropriate for him to succumb to public or political pressure. live on the stanford campus, tom jenson, nbc bay area news. in the south bay, a dubious distinction for san jose. the city now investigating its 46th homicide of the year. that's the highest homicide rate in a decade. the latest incident was last night. a gunman shot and killed an 18-year-old near the san jose campbell border. police say it is gang-related. and they add, it's not easy to explain why the homicide rate is up, but they say increased staffing within sjpd can only help. >> this time that it occurred last night. even if we had ample staffing, it would have been very difficult to prevent this homicide from occurring, because we can't be everywhere at once.

>> again, they believe it is gang-related. the department also stresses even 46 homicides is relatively small, compared to the homicide rate in similar large cities across the country. damian trujillo will have more on the story and san jose's safety debate. overseas. investigators in berlin trying to figure out why a truck driver plowed into a crowd this morning, killing 12 people and injuring 50 others. it happened in a public square in the center of berlin at a christmas market. the truck jumped the curb and ran right through the stalls where people were shopping for crafts, christmas decorations and jewelry. police did find the truck and they did arrest the driver, and in the cab of the truck they found a dead passenger. so far, there is no clear motive, and we don't know the passenger is. although it does point to signs of terrorism. police say they are not ready at this point to call it a terror attack. we did speak to the media spokesperson for the german

consulate here in san francisco, patrick hines. he does say everyone at the consulate is deeply saddened. terrifying moments in turkey. gunman shot and killed the russian ambassador to that country. it happened today at the ambassador, andre karlov. a man wearing a suit walked in and fired several shots. this was captured by a photographer on the site. he yelled, don't forget aleppo. don't forget syria. police chased them down and later killed them. paramedics rushed the ambassador to the hospital, where he died. investigators say the gunman was an off-duty police officer, who worked in the turkish capital. a russian foreign ministry is calling the shooting a terrorist attack. high times for the raiders. off the field, two new heavy hitters are throwing the support behind the new stadium plan in oakland. metallica's james hedfield

announced they're behind the effort to keep the team in the east bay. the alameda county board of supervisors approved a $1.3 billion stadium plan proposed by a group led by ronnie lott. no word if james hedfield is supporting the plan. the future home of the raiders may be uncertain. one thing is for sure, they are in the playoffs and the bay area enjoying the ride. a little bit of a raiders swagger around town. kim yonenaka joins us. you know this well. it's been a while, but fun to see. >> reporter: it's been a while. just a little swagger. fans have waited a while for this. since the raiders' last played in the playoffs back in 2002 in the super bowl, actually, when they lost. since then, to give you perspective, the iphone has been invented. we have facebook and twitter. governor jerry brown, well, he was the mayor of oakland back then. as some fans put it today, they are due.

playoff fever means everyone in raider nation represents. >> we have our tickets already, so we're just kind of purchasing more gear, because it's going to be cold. >> reporter: weather on four legs or on two. nate didn't want his dog, scout, to feel left out. >> when she goes and walks on game day, everyone will see her. >> reporter: this is the raiders' first winning season since 2002. getting here hasn't been easy. the team has gone through eight head coaches and 20 different starting quarterbacks. >> they'll be in the playoffs there, and to win the division is yet to be determined. so we need to continue to work on that. let the fans enjoy the other part. as a team, we've got to get back to work. >> time to enjoy for christmas. >> reporter: the raiders still have two more regular season games before the playoffs. fans say they aren't focusing on the uncertainty of the future of the team. they are just enjoying the ride for now. reporting live in oakland, i'm kim yonenaka, nbc bay area news. >> the silver and black is back. thank you, kim.

up next, san jose neighborhood not happy with the change in train schedules. we'll explain. plus, an insurance company ordered to lower its rates. why a lot of californians stand to benefit. i'm meteorologist jeff ranieri. a magnificent sunset this afternoon. if you want to get more on this, check out my twitter page. otherwise, we're looking at more rainfall in the forecast this week, arriving by friday. i'll have the full time line coming up in less than ten minutes. asting meant to be jarring ...but many

homeowners in a train blasting its horns is meant to be jarring, but many are upset about when they're hearing that horn. robert handa joins us from san jose. robert, a late-night roll through japan town. i hear the train right now, right behind you, actually. >> reporter: that's right. in fact, we're going to give a first-hand look of what it sounds like and looks like when it comes through this area. and as you can imagine, this train noise is pretty hard to avoid if you live anywhere along the tracks. and it took residents by surprise, because it was an unannounced route change. once they got over the surprise, they made some noise of their own. putting hands over ears or

ducking under the covers doesn't seem to help much when trains go by. it was especially scary for homeowners in san jose's japan town community, not used to trains rumbling through in the middle of the night. >> and it came through with vengeance, it felt. so it was absurd. it was a little after midnight, i think. >> reporter: you have never had that before. >> no. it was new. >> reporter: this councilman says he along with a congresswoman contacted union pacific railroad and were told rerouting took place because of work being done on the capital corridor project in santa clara. the commuter schedule meant the trains had to bring equipment in by night and federal law requires warning horns at intersections. he says they told union pacific from now on, it needs to do more community alerts all along the line, not just near the project sites. >> they did zero outreach in areas like japan town, where

they're going to be blaring these horns. having to cut through. >> it's a rude awakening, literally. when it happens. >> reporter: now union pacific emphasizes it did try to reroute that scheduled train route but said it couldn't because of the daytime commuter schedules. however, they say that phase of the corridor project is expected to be finished by december 23rd, so residents will have to put up with it until at least friday. live in san jose, robert handa, nbc bay area news. 680 in danville opened tonight and hundreds of holiday packages have been cleaned up. a sacramento man unfortunately died. chp says he hit an abandoned minivan parked on the shoulder. drugs and alcohol were not involved. >> that's the other mystery, we can't determine where this mail actually -- or truck actually originated from, because it's a contract service. we thought originally it was coming out of sacramento.

but then sacramento has reported to us that all their drivers are accounted for. >> still packages now being sorted at a processing facility in oakland. you might be getting some money back if you're a state farm customer. a san diego judge has ruled in favor of california's insurance commissioner who ordered state farm to lower home and condo insurance rates to last year's level. while the judge determined the company must enforce the rate cut, she delayed payments of refunds. the refunds, which would go to about 2 million california customers, would average about 60 bucks each. and wouldn't be awarded until after a lawsuit is decided. state farm is suing the state insurance commissioner, claiming he can't cut insurance rates after they have been applied. san francisco university is being forced to pay up. the academy of art will pay the city $60 million. nbc bay area's michelle roberts joins us from one of the buildings the school owns and the reason for this hefty fine. michelle.

>> reporter: the building behind me is one of the buildings that students will have to move out of, and the academy of arts will have to take it and do construction there, transferring it into low-income housing for 80 units. and that's just one of the buildings affected in the settlement. >> again and again, the academy's use of the properties required was unauthorized, unpermitted or wholly prohibited by local law. >> reporter: san francisco's city attorney announced this morning the academy of art university has agreed to settle a lawsuit filed by the city for $60 million. about $20 million of that settlement will go to a city fund that helps low-income tenants. the other $40 million invested in providing 160 units of low-income housing. >> low-income housing is a very big issue in the city. but it's not the academy's fault. you have to look elsewhere for those problems. >> reporter: today lawyers representing the academy of art say they are happy with the settlement. the suit filed by the city in

may claimed the university illegally converted buildings into student housing. >> this was housing that san franciscans desperately needed in the midst of an affordable housing crisis. >> reporter: part of the settlement also includes shutting down school operations at three of the roughly 40 sites owned by the university. and to limit future student enrollment to the amount of available student housing. >> the academy has been very good neighbor. a lot of the areas of san francisco. and it continues to be. >> reporter: i spoke with the director of the san francisco housing coalition. he says 160 low-income units will certainly help the situation, but he says it won't come anywhere near the supply that's needed. reporting live in san francisco, i'm michelle roberts, nbc bay area news. >> thank you, michelle. a tree that fell on a busy street tied up traffic for hours. the tree came down just before 1:positive on a car headed south on veterans boulevard just north of the macarthur tunnel. it created a mess.

you can see how far it stretches back. not clear if our recent heavy rain may have played a role in saturating the roots of the tree. and we see that all of the time after the storms. >> great point. and throughout this week, we get rainfall returning, and even though it's not as strong as what we dealt with last week, we still may see some trees come down and power issues. i'll have more throughout my forecast. but i know a lot of you know, it was cold out there. but cold enough in the north bay in napa for our viewer, karen. to etch out on her deck, it's cold. you can always let us know when we get the first frost and cold and it is this visual. also send your votes to ic@nbcbayarea.com. catch me on facebook, twitter or instagram. we would love to see what you have in your microclimate. for tomorrow morning, it's not going to be nearly as cold. we'll have a little bit of a breeze and some of the chilliest air moving off towards the east. we'll start with 40 for the average in the south bay. 42 in the peninsula and tri

valley at 38. in the east bay, 43. san francisco, 45. and the north bay will still go down to 36. but we are not expecting any 20s, at least the way we see it right now. so as you push ahead into your microclimate forecast for tuesday, temperatures will warm up a few degrees. relatively dry air, humidity at about 44% in the south bay. light winds, 62 in morgan hill. 60 in san jose, and 58 in millipede pete as. temperatures not as mild. we'll have a cool 55 in antioch. 59 in danville, and we'll go with 60 here in oakland. throughout the peninsula, anywhere from 58 in palo alto to 56 up into daly city. and in san francisco, 50s across the board. you have a chilly 55 along the embarcadero. milder in the marina at 58 and the outer sunset, 56. north bay, 58 in novato, and expecting 60 in napa. now let's push ahead to the

possibility of rainfall in the forecast. we'll have to wait before it gets here. by thursday at 8:00 p.m., storm system starts to develop off to the north. we have seen some timing inconsistency the past couple days. but by friday evening, we should have some widespread rain returning to the bay area with at least a quarter to a half inch possible. north bay likely some of those higher amounts. you can count us in the coming days to give accurate totals as we continue to see this data come in across the region. in terms of snowfall, this could be a big sierra snow-maker. for the sierra, maybe 1 to 2 feet and likely similar amounts here up towards mt. shasta. so, be again, friday into saturday morning, is the travel day, where it looks kind of nasty out here. i-5, wet and windy. interstate 80, heavy snow. highway 50 also that snow. and highway 101 to so cal, expect the rainfall to continue to move in. as we look at the extended

forecast, dry through thursday. the worst travel day is on friday's forecast. dry out on saturday, and possibly a few showers into christmas evening. also into monday. as we get a look at the interior valleys, the rain timing is the same. you'll notice temperatures into thursday's forecast. by friday, back down feeling that chill. i like this weather. it's nice. >> look mind you. >> i know! it's gorgeous. >> thanks, jeff. still ahead, a deal for tens of thousands of volkswagen owners who unknowingly bought cars polluting the environment. also, we'll introduce you to the woman responsible for rounding up thousands of dollars worth of holiday cheer for children in need. california added nearly 300-

thousand people this year happening now, are you feeling a little overcrowded? california added nearly 300,000 people this year, bringing the total to nearly 40 million. the full story is on our twitter feed. and on our facebook page, what were you doing in 2002? there was no facebook, and "american idol" and rapper eminem were all making headlines. that's the last time the raiders it were in the playoffs. a driver hit and killed an

elderly woman who was pushing a a driver hit and killed an elderly woman pushing a shopping cart in the south bay. it happened this morning on northbound lawrence expressway, andca brio avenue there in santa clara right off el camino real. the woman crossing the street against a red light. the driver stayed on the scene and cooped with investigators. attorneys involved in volkswagen's cheating scandal have more time to reach a deal. the federal judge has given the attorneys more time because he says the negotiations are complicated. both sides need to hammer out what to do with the remaining 80,000 cars that were programmed to skirt emission tests. they have reached a deal for 475,000 cars. the company has agreed to spend up to $10 billion compensating consumers. up next, nearly $30,000 worth of toys for kids. we'll show you who is getting them. stay with us. thousand dollars worth

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muscle. how did he deliver $27,000 worth of christmas toys? >> it took five marines to load everything up and take it away. mary smith, an employee at bay alarm held a company-wide fund-raiser all year to help save for the annual toy drive. come christmas, more than 4,000 kids will benefit from the drive. 90 of those kids will be getting brand-new bikes. >> knowing that before i start my holiday season with my family, i have four kids, six grandkids, i get to know and rest that i gave christmas to approximately 40 -- 4,000 children this year. >> i think she's called mrs. claus. >> that is mrs. claus. >> well, smith hopes to raise even more for the fund-raiser, so she is officially now santa's very nice helper. >> and the marines helping out, as well. >> very spiffy. >> very sweet. before we go, we have to comment on this beautiful sunset behind us. >> i know, it's so amazing. and we'll get rain back by friday and then clear out by

saturday, as well. so, yeah, check it out. >> so pretty. >> gorgeous. thanks for joining us at 5:00. we get to see you back here at 6:00. >> bye-bye. test test. breaking news tonight. christmas market horror. scores killed and injured as a driver plows a massive truck through a packed holiday crowd in berlin. was it terrorism? tonight, stepped-up security at home. assassinated on camera. shocking images as russia's ambassador to turkey is gunned down by a killer caught lurking from behind. tonight what the gunman was screaming. how will putin respond? road rage manhunt. a toddler fatally shot in the car while out shopping with his grandmother. are women doctors better? provocative new research that will have you talking about patient care and the difference between life and death.