booster shots. >> being 70 we don't want to risk it. >> reporter: and numbers now going up again. we thought we're going do it. >> all metrics that we follow pretty much are all ticking up. >> reporter: santa clara county county says covid-19 case numbers and levels in waste water are not only rising, they're actually higher than they were during the delta surge. that's why director of public health dr. sarah cody is recommending but not requiring that the public consider taking extra steps to protect themselves, like wearing masks indoors, getting tested and getting vaccinated. >> i do recommend that if you're eligible for a booster, either first or second, and you haven't gotten it yet, go ahead an get your booster. >> reporter: while vaccination and booster rates are high in the area, the county reports only 21% of eligible residents have gotten their second booster. which means there is no wait for

the few getting shots at the county vaccination site. >> great, no lines. just couldn't believe i could walk right in. compared to the very beginning, this is unbelievable how empty it is. >> reporter: county leaders are hoping more people follow suit. and the county recommends wearing the most protective mask that you're comfortable with wearing. that means you'll need to keep your kn95s handy. >> thank you, alyssa. a surge in covid cases also seen at marin county schools. the county's public health officer says about 20 schools are experiencing outbreaks. an outbreak is defined as three or more cases a among students and staff. despite the increase in cases, the county says it will not be issuing any mask mandates at this time. instead, it is encouraging districts to urge parents and students to consider masking for indoor classes and special events. all this as the rate of pediatric covid cases jumped

nationwide. this is data from the american academy of pediatrics. last week there were more than 62,000 new pediatric cases two. weeks prior, child covid cases were at little more than 37,000. that's about a 69% jump. the american academy of pediatrics says this shows the fourth consecutive weekly increase in reported child cases. statewide, about 35% of kids 5 to 11 are fully vaccinated. 66% of kids 12 to 17 years old have also received both of their shots. we are tracking the latest data and guidance to help move you forward. our nbc bay area streaming app is full of resources during this pandemic, and you can get information from mask rules to vaccine mandates to covid testing, and if they still work, even if they're expired. download our streaming app on roku, apple tv or amazon and search nbc bay area. a san jose police officer finds himself on the other side of the law. the 24-year-old arrested for drunk driving last friday.

the officer was offduty at the time. according to the chp report, the officer crashed into another car on southbound 880 north of tennyson and hayward. the san jose police department says it's now conducting an internal investigation. the officer is not on administrative leave. this is the latest incident involving a san jose police officer, accused of being intoxicated. the department also looking into if another officer was drunk while investigating the kidnapping of 3-month-old baby brandon cuellar. it also comes after the death of officer dejon packer who died from a fentanyl overdose. boba tea shop was a fence for international crime fueled by cancer break-ins. officers raided the shop and arrested the hud husband of the shop own. a man known as kwok lee is accused of possessing stolen goods. investigators claim he would collect stolen electronics all

across the bay area. he would send them to places like southern california, dallas, even hong kong and vietnam for resale. so far he is the only person arrested. san francisco's d.a. chesa boudin says his team's goal was to get to the level above basic car burglars. >> the goal of this operation was to map out the flow of stolen goods in san francisco and beyond. >> reporter: more than a thousand iphones, ipads and electronics recovered at the shop. the sting also involved homeland security and sfpd. they you canned bait cars and electronics with trackers and managed to identify items stolen from as far away as morgan hill. they're creating a website to list the recovered items and try to get them back to their rightful owners. new video showing the chaotic moments after gunfire erupted inside a south bay taqueria. this is edited video provided by san jose police with captions and identifiers that were added by the police department. we were not gwynn the raw video. the video was captured in march

when a fight brother out at la victoria taqueria near san jose state. police shot 20-year-old k' aun green after he disarmed a gunman and was trying to leave. police say green was seen holding the gun as he left the restaurant, and he ignored warnings to drop the gun. this is body cam footage of when officers shot him four times. this is surveillance video that we have previously seen. today green and his attorney tell us they believe the video proves their claim that police shot an innocent man. they've disputed the police department's description of what happened and have filed a federal civil rights lawsuit. well, less than 20 minutes ago, san jose city council approved a new ordinance aimed at making it harder to buy, sell, and make so-called ghost guns in san jose. while gun regulation advocates cheered the new law, nbc bay area marianne favro explains not everyone thinks this will make a difference. >> reporter: just months ago, a

major breakthrough in the fight against gun violence. san jose police announcing they had broken up a sophisticatd ghost gun manufacturing ring run out of a willow glen home. dubbed ghost guns because they have no serial numbers and are virtually impossible to trace. most of the firearms are made at home using parts ordered online, or created using 3-d printers. san jose mayor sam liccardo says the weapons are a growing problem. >> about a quarter of the guns that are seized by san jose police department, those illegal guns are ghost guns. >> which is why he co-authored a new ordinance that would prohibit people from possessing, manufacturing, selling, assembling, receiving or distributing unserialized ghost guns and their individual parts. >> that's why we need this ordinance, to be able to address those guns that are out there on our streets. >> reporter: but the executive director of the silicon valley

public accountability foundation says the proposed ordinance penalizes law-abiding people who illegally manufacture firearms. >> we have a huge issue with that. if you're going to follow the law and do something legally, following the federal and state rules, then you should have a right to exercise that. >> reporter: critics have said criminals won't care if there is or isn't a law. margaret tetros is the executive of mothers against murder and questions how effective the new lew might be. >> i do support measures to reduce gun violence. but i honestly in reality and after 36 years of experience, i don't believe it will make a difference. >> reporter: the mayor believes the proposal will lows loopholes which allow people to purchase guns with enough missing components to evade state and federal firearms regulations. oakland approved a similar ghost gun ban earlier this year. mayor liccardo hopes san jose will be next.

in san jose, marianne favro, nbc bay area news. and our investigative unit has been looking into how prevalent these untraceable ghost guns have become in recent years, along with efforts to keep them off the streets. you can find all that information by going to our website, nbcbayarea.com and click on the investigations tab. okay. parts of the by area got some rain today. this is fairfield. let's get right to chief meteorologist jeff ranieri, tracking where the rain is headed next. jeff, we still have some in the forecast. >> yes, certainly so. you can see on the doppler radar scan, we've got thunderstorm activity popping just to the north of santa rosa. as we get you in closer, we'll put a track on this, and this is moving off towards the south, really picking it up in calistoga by 5:11 with lightning possible. you want to head indoors. if you see any flashes, to stay safe towards st. helena at 5:40. we have a second zone just to the north of fairfield that will be moving off to the little bit to the north and the east elmira

at 5:45. i do see a slight chance here of a little bit of activity lingering into about 7:00 tonight, and then after that, we'll start to see things calming on down. i've got full details on some big heat on the way in the forecast. i'm back with that in about ten minutes. >> okay, thank you, jeff. it wasn't just elizabeth holmes committing fraud at theranos, it was also sunny balwani. that is the message prosecutors sent to jurors today. today prosecutors tried to show that balwani, the former chief operating officer at theranos and holmes' ex-boyfriend was heavily involved in the decision to put the logo of pharmaceutical giant pfizer on theranos reports to investors, even though pfizer did not authorize it. he is also accused of being directly involved with the decision to put faulty theranos blood testing machines into walgreens stores where unsuspecting patients were sometimes given the wrong results. it's a prosecution strategy that already worked once in holmes'

trial. she was convicted on four counts of fraud. >> it's pretty rare for the prosecution to have two chances to better prove the same suspect, and that's what they're trying to do here. they're not being necessarily super creative with it, but they're trying to be careful, slow and effectual. >> a government lab inspector took the stand talking about flaws she uncovered in the theranos lab. this trial has been going on since mid-march. an epidemic of drug deaths across the u.s. sparking today's first national fentanyl awareness today. fentanyl illegally made drugs. parents and leaders held an event to raise awareness. they included a south bay dad who lost his 18-year-old son who to a fentanyl overdose in 2020. he wants to educate the public about the danger. >> and we are using social media platforms to do that. unfortunately, those same social media platforms can be used to discover and transact, which in

many cases that occurs with young people. but most importantly, they can be used to educate. >> south bay law enforcement recently seized 11,000 fentanyl pills, enough to kill everyone they say in santa clara county. still ahead, no charges against heavyweight champion mike tyson following a fight on board a plane at sfo. the reason the district attorney won't be pressing charges. it can be as small or as big as respond to every firefighter. >> you heard that right. for every firefighters. the mission of kindness a bear area man has started that will make you bay area proud. and we're tracking the storm to the north of santa rosa with lightning and small hail. we'll have more and the week ahead. hotter temperatures in about seven minutes.

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ex-heavyweight champion mike tyson will not face charges following an altercation on board a plane at sfo. the san mateo county district attorney's office says the decision followed circumstances surrounding this confrontation. last month, the video went viral, capturing tyson punching a man on a jetblue flight right before takeoff. tyson claims the man had been harassing him and threw a water bottle at him. lawyers for town said he got overexcited. tyson got agitated and hit him. birthdays have a way of making us take stock in our lives, though that doesn't happen until maybe you turn 50. >> for one south san francisco man, it started about 20 years earlier than that when he realized he has a lot to be

grateful for. he is only 30 years old. so how did he show it? >> another two decades before he hits that 50. but he is special. >> see definitely appreciating his entire life. garvin thomas spoke with him and has tonight's bay area proud. >> reporter: jessica and janelle, the past couple of years living through the pandemic has been more difficult for some than others. brian considers himself fortunate. he's got a job that allows him to work remotely and spend more time with his family. he is grateful, and thought now was a good time to show it. >> 17 condensed milks, three pacts of sugar. >> reporter: while working from home these past three years, brian has experimented with a lot of different dishes in his kitchen. >> here is our fridge. >> reporter: but right now brian is all about making a lot of the same dish. >> seven cartons of eggs, two whole milks. >> which explains the monotony of the ingredients filling his

fridge. >> lots of cream cheese. >> reporter: brian will be up most of the day and night making 400 individual flan. last year he celebrated his 39th birthday. >> i thought now would be a good time to do self-reflection. and one of the things that stood out to me is i realized all the achievements and successes were not possible without the generosity and kindness of others. because so many people have helped me along this journey. and i decided for my last year of my 20s, i wanted to give back by doing 30 acts of kindness. >> so for one of his first 30 acts of kindness, the flan brian is making he will deliver to every fire station in the city of san jose where his brother lives. that's 32 in all. brian says he knew right away food would be a big part of these acts because that's what he learned growing up. >> i attribute it to my mother, right.

just as a young child, we were always baking together in the kitchen, and we would always make a little extra and give it to our church, our family, our friends. so she really instilled that inside me. >> reporter: although even brian's mom had some doubts if he could petroleum this off. >> all right. here we go. >> reporter: but with the help of grocery delivery company good eggs who delivered the ingredients. >> homemade. >> reporter: brian set out over the course of two days to deliver all the flan to all the firefighters. >> this is very nice, light. >> reporter: the overwhelmingly positive response brian has gotten has made him even more determined than ever to complete his mission. but he's even more interested in sparking others. >> that is my goal, really. it's my hope is through my acts, i can inspire people to give back in their own way, right. it can be as small or giving

flan to every firefighter. the key is to do something. because one act can lead to hundreds, and it can start a chain reaction of kindness. >> reporter: and if brian is right, and there are those who will follow in his footsteps, the world will indeed be a much sweeter place. garvin thomas, nbc bay area news. >> and that is a delicious idea. okay. the warriors as in the basketball team are ready to make some music. team is launching its own music label, and today on twitter, the dubs announced first signing include juice, georgia and muldrew. they have already released a sing well k-pop star bam bam. remember he performed at chase center in april. from saskatchewan to the south bay and ultimately to the hall of fame. after nearly a quarter century in the nhl, patrick marleau is retiring. the sharks legend officially made the announcement today. he played 21 of his 23-year career with the sharks.

the numbers, his numbers, they're staggering. he played in more games than any player in the history of the nhl. he also scored 566 goals and won two olympic gold medal was canada. usually stoic, marleau became emotional today when thanking his family. >> to christina and my boys, landon, broad, jagger and caleb, i want to thank you for all the sacrifices you made over the years and all the support you've given me. i couldn't have lived out my dream of being a professional hockey player and having a family at the same time if it wasn't for you guys. and i love you and thank you. >> marleau did not play this past season. in addition to playing for the sharks, he also played for toronto and pittsburgh. >> he talked about how impressive it was when he would be working with the kids, you know, at the shark tank, and they'd come up and be wearing his jersey. he said it always made him feel so great. very class act for sure. let's bring in chief

meteorologist jeff ranieri. outside still kind of gloomy and frigid. >> yeah, it's been a wide mix for us. eventually, we're going get all of this out of here. today there has been plenty of sunshine. and then a few isolated pockets producing some rainfall. what we're dealing with is the same system that really started hanging out across the west. now we're seeing the circulation around, the counterclockwise hoping to drive down instability through parts of the bay area. we do have some isolated thunderstorms. let's take you up to the north bay. it's definitely a little bumpy to the north of santa rosa. closer view shows multiple lightning strikes. our computer also picking up on small hail. that's what the purple color. you're really gets hit hard in calistoga right now. and then this would be pushing off towards st. helena. i think it will hold off in some parts through 6:05 tonight. you can see over clayton, also

some rainfall there. likely holds up into west hartley through 5-40 tonight. as we roll through this evening, i do see a slight chance here. still some spotty activity around 7:00 through the east bay and the north bay. then after that, we should be on a drying trend here at 11:00 tonight. and that would also set us up with some dry weather as we head through tomorrow morning's forecast. what about those temperatures? we are still in the freezer when it comes to the morning temps for may. down to 39 again tomorrow and the tri-valley. south bay right here at 40. i've got it starting off at 38 in the north bay and the east bay at 42. as you roll through the day tomorrow, because that system that's producing thunderstorms right now, that's going to start to kick out of here. temperatures will begin to warm up. and you can see the result is about 10 degrees warmer for a lot of places. we'll be up to 69 in milpitas. over to the east bay, back up to 72 in antioch. 71 concord.

still cool by the bay. 64 in oakland. 61 in san mateo. let's take it up to san francisco. 61 this the mission. and for the marina, 54. and the north bay, 65 in ukiah. 68 in sonoma. so tomorrow things start to warm up, but i really see it starting to crank up and in a big way. once we hit friday, saturday and sunday from the area of high pressure. it's going take the severe thunderstorm track, move it off to the north. so the result of that will mean in san francisco up to 69 on friday. saturday 72, and dry weather as we head through the next seven-day forecast at this point. it will be a little bit windy here next two days in san francisco. winds generally 15 to about 25 miles per hour. look at the inland valley forecast. from 63 tomorrow there up to 80 on saturday. 87 on sunday. we're going up and big way there as we head to that weekend forecast. >> it looks nice by the time we get to saturday. >> exactly. we got to get there. >> thank you, jeff. well, netflix could be

slashing prices for its subscribers, but it's going to come with a change to your account. the idea of the company is kicking around right now.

a cheaper netflix plan could come at a different cost. netflix said it's creating a tear that. s could at a lower price, but the trade-off would be advertisements. still don't know how much it's going to cost. right now the cheapest netflix plan is about $10. sources tell cnbc that netflix wants the new features added by the end of this year. a faster timeline than the company had originally announced. all this comes after a steep drop in subscriptions. 21 years ago steve jobs held up a little gadget as he officially unveiled an ipod. now two decades later, apple is

discontinuing it. this is video of the day when jobs made the announcement. he touted the ipod for its ability to hold up to one thousand cd quality songs. now ipod touch is the latest iteration of that device, but apple will no longer make them. once current supplies sell out, that's it. apple says the spirit of ipod lives on through their other products that play music. >> i think have i four of those in a drawer somewhere. >> resell them for a lot of money. make some money, jess. still ahead, it is the most expensive piece of american art ever sold. how much they paid for andy warhol's portrait of marilyn monroe.

a work of art which unites two cultural icons has set a record for the most expensive piece of american art ever sold. >> this is so famous, you'll recognize it the minute you see it there it is, marilyn monroe. the artist andy warhol. christie's auction house sold it for $195 million. shattering previous records. the artwork is a sylvester screen for five prints enhanced with his own brush work. it's based on the 1953 photo of

monroe in her film "niagara." warhol completed this piece after her death. >> we have to find out who bought it. >> you can wash us on roku, amazon fire and apple tv. >> we have a lot coming your kwachlt gas price, groceries, clothes, we know the drill. everything is going up because of inflation. but what's being done about it? president biden actually outlining his efforts while drawing a sharp contrast between his plan and republicans'. >> republicans have offered plenty of blame, but not a single solution to actually bring down the energy prices. >> biden gave a talk this morning and blamed everybody else on inflation. he took no responsibility and has no plan. plus, could former president trump be coming back to twitter? the hint elon musk just dropped today. and silicon valley doing its part to stop misinformation about climate change. >> and we didn't want to wait until harmful content reached some sort