a second water main break in a week shuts down water to one east bay neighborhood. dozens of homes affected last night. we'll tell you how things stand this morning coming up in a live report. and a date with death. california gets set to resume executions. we'll look inside the chamber this wednesday, september 22nd, "today in the east bay." good morning, everyone. i'm scott mcgrew. it is 4:30. let's check your forecast. for that we turn to meteorologist jennifer hill who's in for rob this morning.

good morning, jennifer. >> good morning. it's a little cool outside. we had that breeze really picking up yesterday but a big warmup is on the way. a bit of low clouds around this morning, maybe a little fog but we'll see that burning off. temperatures in the 50s as we look at 8:00 a.m. as we head toward noon we'll all be enjoying quite a bit of sunshine and warm us up to 70 in concord, 71 in livermore, 67 in san jose, 62 at noon. so is the first day of fall that comes this evening at 8:00, it's going to feel more like summer as we head toward the end of the week. 69 degrees at 4:00 in fremont, 73 in livermore and we're looking at 68 degrees. so with the seven-day forecast here, a little cool today. we're forecasting temperatures right in the mid-70s as we look at the east bay. by the time we hit the weekend, forecast highs making it back into the 90s for the first weekend of fall. it kind of seems counter

intuitive, doesn't it, scott. >> it does. great way to start fall. mike joining us with some construction. >> we also have a warning if you're heading from the east bay to the city or vice versa. the bay bridge, the upper deck, jen is talking about the cooldown and clear conditions at the bridge ichtself but the cama is shaking from the winds. chp has issued an advisory for that upper and lower deck for the winds there. we'll follow this as well as construction. yes, northbound 880 between high street and broad street will affect you. that's marked on the maps at the bottom right. live look past the area, light volume of traffic heading up over the high street overcrossing and that's the reason for no major slowing. that construction should be picked up just in time for the morning commute which will be there as always waiting for everyone. back to you. new this morning, a soggy start for families in one east bay city. they are dealing with another

big water main break this morning, the second in a week. christie smith is live with the latest on the overnight cleanup reports. >> reporter: good morning to you. i just spoke with a manager on site here with the contra costa water district and he tells me that hours later they're still working to make the repair. we now have a huge hole here in the street and it looks like they're making it even bigger. this is a break in an eight-inch water main. why did it break? he tells me they still don't know right now and water is still flowing in the pipe to keep it pressurized, so it's being pumped out into the street this morning, which means that morello avenue is closed right now. for 98 poneighbors it's a feeli we've been here before. this time service was disrupted to about 40 homes around here but i'm told overnight they were able to reroute the water to other lines so basically when everyone wakes up this morning they will have water.

they can make coffee, they can shower, they can flush. what they're trying to do right now is keep up the repair but get their equipment to one side of the street because they tell me there's three schools in this area and it's bound to get busy at daybreak. so how long for a permanent fix? they're not really sure. i can tell you that this crew has been here since a little after 7:00 last night and at daybreak at the them me they'll have a second crew come in and pick up the work. that's the latest from here, christie smith. >> a noisy morning for them. thank you. executions at san quentin could start as early as next week. a federal judge stopped the death penalty in the state a few years ago after ruling the way that california put people to death was unconstitutional. this after an execution team had trouble carrying out the lethal injection. so san quentin prison changed the process, rebuilt the death chamber. attorney general jerry brown

seen there says the state is ready to carry out the death penalty under the new guidelines set down by the court. death row inmate kevin cooper received a stay of execution in 2004. as you might imagine, he's not in favor of the new process either. >> he's familiar with what happens and all the steps and he can tell that not a lot has changed. >> convicted murderer and rapist albert brown, the first scheduled to die september 29th. a federal judge says he will issue a ruling in the new process which could clear the way for the executions in the next few days. the california republican party chimed in on this ruling saying it is, quote, laughable in their words that attorney general jerry brown now supports the death penalty when he's long been opposed to capital punishment. mr. brown is running for governor. his opponent, republican meg whitman, says she supports the death penalty in certain cases. oakland police have released a sketch of a man suspected of robbing and sexually assaulting

two women near lake merit. the suspect is described as in his 20s, about 5'10", possibly as high as six feet tall with a medium build. investigators are not giving much more detail. both women were attacked in relatively secluded areas while on their way home sunday evening. police are advising women to stay in well-lighted, populated areas and be aware of their surroundings. a murder trial will stay in oakland for now. but the judge says the decision could change if an impartial jury cannot be seated. former black muslim bakery liter usef bay, iv is accused of ordering the killing of chauncey bailey in 2007. a co-defendant will also stand trial in oakland. both have pleaded not guilty. a new poll says senator

barbara boxer is gaining ground against her challenger, carly fiorina. boxer is ahead 47% to 43%. earlier the same poll had fiorina up 4%. the republican party has blocked an attempt to allow gays to publicly serve in the military. democrats say the fight is far from over. >> this isn't the end of this. we're going to continue to move on. we know we've been blocked procedurally. >> republican senators voted unanimously against a major defense bill yesterday. it included a provision ending don't ask, don't tell. 13,000 men and women have been kicked out of the military since don't ask, don't tell took effect in 1993. today family and friends will gather to remember a vallejo hairstylist who died in a highly publicized string of killings.

a service will be held for cindy tran at noon at the twin chapels mortuary in vallejo. tran's boyfriend strangled her in a car during a chp pursuit last month. chp officers shot and killed him. police speculate he may have also killed two men in hercules, two women in vallejo. tran leaves behind four sons. immigration will be the hot topic at public hearings at uc berkeley tonight. students who support the federal dream act will gather at the hearing. the dream act would give undocumented students who have been in the u.s. since childhood a path to citizenship if they go to college or join the military. tonight's public hearing at 6:00 at uc berkeley's barrows hall. students will host a debate on prop 19 which would legalize marijuana in california. a coalition of campus groups gathering for the debate, open to the public, admission is

free. it will be on the uc berkeley campus tonight at 7:00. oakland zoo getting top honors for its commitment to helping local kids. the nonprofit marriott foundation selected the zoo as employer of the year. the group says the oakland zoo provides exceptional work opportunities for young people in disabilities. in addition each year the zoo hires between six and 12 young people for a school to work program to work at the zoo during the summer and the holidays. good morning. we'll take you to the east bay where we do have reports of a minor accident on highway 4 at willow pass road. it is eastbound, which is opposite your main commute. before 5:00 there's no commute direction right now for most of the freeways. you see the 59 approaching willow pass coming out of concord. a smooth drive all the way to antioch where i have marked the 69 as you're coming through

horizontal lane and out of the alphabet letters, a through l. in about 45 minutes we'll see those sensors change to speeds in the 40s. they'll change suddenly and dramatically in that 15 minutes. light volume there as well as the altamont pass. we see the speeds registering below 50 right now but that should change and we'll see those adjust. 14 minutes there. san mateo bridge, we're showing some camera shake. we're looking at gusty conditions at times. maybe that's causing the cooldown this morning, what do you say? >> those winds coupled with a big trough and cool air. we're looking at temperatures in the 50s right now. even a 40-degree temperature. 49 grows in gilroy, 57 in livermore and 56 in concord. and we're looking at 61 degrees in oakland. now, it is cool today. it is the first day of fall. but a big warmup is on the way. so today you're still going to need the sweater or wind breaker

because it's windy this morning and back to shorts this weekend. air quality looks good. again, both hands on the wheel this morning thanks to the strong winds blowing across the area. our forecast highs will make it into the 70s in some areas, especially in the east bay. back towards the water they are looking at temperatures only topping out in the 60s, so our forecast highs are going to be a little cool. if you like the cool weather then you'll like today. once you get to the weekend you won't like it so much thanks to all that hot air coming our way. the first full weekend of fall, calls for some very hot, hot weather. the time is 4:41. just ahead, a big change could be coming to bart riders. plus a costly commute. a just-released study on bay area roadways and why you could be left footing the bill. oabrdlus a pigeon takes on a andb dataanine in a speed race. the ruts will surprise you. [ female announcer ] jerry brown and oakland's schools.

what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases 50%. the school budget goes into a 100 million dollar deficit. the schools become so bad the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now.

you are looking at a live look at oakland. oakland this morning 57, walnut creek 74, danville 73. bi by the weekend it's going to be hot. potholes, cracked pavement, crumbling roads. a new report highlights the worst roadways in the country and bay area cities top the list. vicky nguyen takes a look at

which cities rank poorly and how much it's going to cost you. >> reporter: consider yourself lucky if you haven't popped a tire, blown a windshield or tweaked your alignment riding over unrepaired roads. >> some of the roads are pretty bad. i get rocks on my windshield and have to replace the windshield. >> road conditions are so bad that sometimes this car actually jumps. >> reporter: now a report from a national transportation research group spot lights the worst cities based on the percentage of roads listed in poor condition. six of the worst ten are in california with san jose at the top with 64%. the san francisco-oakland roadways tied with concord at 58% of roads in poor condition. >> san jose has the worst pothole conditions in the united states. it costs the average person in san jose $756 in repairs annually. >> reporter: bert sandman is the executive director of transportation in california. he says the solution is simple. more money from gas taxes, tolls

and car fees. >> the longer you wait, the more expensive and the more difficult it becomes to fix these repairs. >> being number one on this list is not something that we take as a point of pride. >> reporter: hans larson heads the department of transportation. he said the data in the road reflects the condition of roads in the entire county of santa clara, including highways that are maintained by the state. >> this summer san jose received $15 million to repave some of our worst streets. >> reporter: he said it doesn't include the improvements on willow, all ma, taylor and snell, part of the $40 million of repairs completed this summer, or the past two years of highway repairs. >> there's been almost $100 million of resurfacing on freeways in san jose, most recently route 101, 280, route 680. all of those have been improved within the last couple of years. >> reporter: he says 18% of roads in san jose are actually

in poor condition. the top five include monterey highway, quimby road, santa teresa boulevard, redmond boulevard and los gatos road which are slated for repair next summer. >> we have estimated that the cost to fix those streets is about $250 million. >> reporter: but larson agrees with six of california's cities in the worst ten, more funding for road repairs is crucial. >> we built a massive amount of infrastructure in the '50s, '60s and '70s. these roads are 50 years old and now need major work. >> reporter: vicky nguyen, nbc news. voters in santa clara county will decide if they want to pay $10 more in car registration fees. you can expect to see more car pool toll lanes like the one that opened on 680. 101 and 85 could be next. an interesting twist in all of this is green cars. they're better for the environment, but they're using less gas, which means people are

paying less in gas tax, which would have helped pay for state road repair. an interview with the executive director of transportation california, a coalition of groups interested in better roads, including construction companies and governments is coming up in the next half hour. ac transit will consider ear round of deep service cuts tonight. the agency looking at a $56 million budget deficit. to close the gap, it's talking about slashing weekend service in half and getting rid of all but two of the overnight bus lines. this would save about $12 million. union reps say the cut backs aren't needed. bart's board talking about creating an unlimited monthly pass for riders, but the transit agency itself is skeptical. bart had a multimillion dollar budget surplus this year when other transit agencies had to cut. that's largely because bart charges distance-based fares.

it is the only bay area transit system that doesn't offer a monthly pass. there's a little trivia for you there, mike inouye. >> you also talked about the sunol grade and the express grade. we're looking at a clear flow southbound side. yesterday we did see slowing approaching the area but not as bad as monday. the bay bridge a nice easy drive right now but there's some high wind advisories so watch those conditions as you head over the bay as well. >> thank you, mike. this morning we are talking about cooler weather. also the winds are up this morning, i'm sure you have noticed that our temperatures this morning are in the 50s. with the wind it feels just a little cooler than that. 57 degrees in fairfield, 56 in livermore. looking at concord right now, only 58 degrees. 55 in napa.

our forecast highs today, although they do include some sunshine on our first day of fall, are still looking a little cool. if you want some warmer weather we have it in store for the weekend. 71 at noon in livermore and 67 degrees in fremont and 70 in concord. 72 degrees for a high in concord, 73 fairfield, 72 gilroy and 69 in santa cruz. our forecast is cool and a bit windy today, but then high pressure takes hold. that means we'll be in store for a very warm weekend. forecast highs topping the 90s inland again, scott. >> all right, jennifer, thank you. turning now to news of your bottom line, courtney reagan is live at cnbc headquarters with the news before the bell. good morning, courtney. >> reporter: good morning, scott. right now futures are pointing us to a lower open on wall street. investors continuing to digest the fed's latest moves. the central bank did leave interest rates at historic lows near zero but said it's ready to

step in with more stimulus measures such as buying large amounts of treasury bonds to boost the economy. although no timing was given when the announcement was made. stocks rallied initially yesterday afternoon on the fed's decision, but then lost momentum by the end of the day. asian markets were higher, european has dipped into the red. today will begin at 10,761. the nasdaq lost 6 points to 2349. another top member of president obama's economic team is bowing out. larry summers is returning to his teaching job at harvard. the former treasury secretary was a key adviser during the financial crisis but has been criticized for being too close to wall street. summers tells cnbc the economy is growing but, quote, momentum is not satisfactory. possible replacements may include citigroup chairman dick parsons and ge chief, jeff

immelt. treasury secretary tim geithner is staying in his job. back to you. the heart of silicon valley is used to fast internet service but not the same in other parts of the world. a group in the united kingdom did a little test. they had this pigeon carry a computer memory chip with five minutes worth of video on it to another county in britain. at the same time, they started uploading video on a computer. ready, go. the upload was only 24% done when the pigeon reached his destination. remember that big egg recall last month? hundreds of people all over the country got sick. largest egg recall ever in the u.s. well, today the owner of one of the farms that produced the contaminated eggs is expected to tell congress he is sorry. as today in the bay's tracie potts reports, he's been in trouble before. >> reporter: today the owners of two iowa egg farms will explain how salmonella infected their plants.

jack decosta blames chicken feed from an outside supplier. the fda found filthy conditions at his facilities. >> they had manure piles that were old enough that maggots were forming. they had rat holes that allowed rats to super the facilities. >> reporter: deanna arnold worked at the plant. she blames the government for not doing more. >> i told the usda officer about it and she said, well, just go do your job. >> we tend to chase a food borne disease after it occurs and try to find the problem. >> reporter: decosta has been in trouble before. the labor secretary called his main operation a sweat shop. high wa named him a habitual offender. over half a billion eggs were recalled. no one died but more than 1500 people got sick. congress has since learned that wright county egg tested positive for salmonella 426 times in the last two years. 73 of those samples were the exact same strain in last

month's recall. he did not include those test results in documents he provided congress. today they'll ask why. tracie potts, nbc news, washington. now we want to take a look at what's coming up later today in the bay. for that we turn to laura garcia-cannon who is putting together the show. >> good morning, my friend. think about this. having more than just $4 a day to eat on. we'll show you how they do it and how you can help. plus the nation's new health care law starts its second phase tomorrow. "today in the bay" is committed to keeping you ahead of the curve so we'll explain what it means for your family today. plus we investigate the hidden dangers facing your kids every day. those stories and more coming up later, "today in the bay." frustrated families waking up across one east bay community dealing with a second water main break in a week. christie smith is live in pleasant hill with the cleanup and the mess. you pointed out no water, no coffee. this is pretty serious.

>> reporter: that is very serious. very serious for me certainly. they're working hard to fix this. we are now eight hours into it. the good news, though, neighbors can have their coffee around here. they will wake up with water. but i have to tell you, this is one very loud repair, not only engines going but we have backhoes and jam hammckhammers down to this eight-inch water main that broke yesterday evening. a manager for the contra costa water district tells me this morning that water service to about 40 homes was disrupted so neighbors didn't have water for about two hours last night, but they were able to reroute the lines overnight. so again, everyone around here will have water this morning. this is the second time that a water main has broken on morello. the last one was september 13th. why did it break? at this point they really don't know.

they say the ground could be settling but they're not sure yet. as for a permanent fix, the better answer i could get is as soon as possible. but i can tell you this crew has been out here since about 7:30 yesterday and a second crew is coming in at daybreak. their concern is that morello is a pretty busy thoroughfare. a lot of people use it to get back and forth to school so they want to get some of this heavy equipment to one side of the street by daybreak. that's the latest from here. christie smith, today in the bay. >> thank you. jennifer hill joining us with some weather and fall starts when now? >> at 8:09 this evening. i have your alarm set. you don't know which one it is, though. >> and that's when i'll fall. >> temperatures are feeling a bit cool. also the wind is up, especially in the passes this morning. 54 degrees in fairfield, 56 right now in concord, 57 in livermore. so temperatures right now on the cool side. check out gilroy. right now it's only 49 degrees. oakland at 61.

cool today, breezy today, thanks to a pratrough. after the trough passes we'll see high pressure building in. that means a very warm weekend is in store for us. thanks to strong winds we have very good air quality across the region. we can breathe deep today on the first day of fall. here are the forecast highs for today. it will be still on the breezy side, so you'll need a jacket this morning. it will feel nice this afternoon with temperatures topping out in the 60s. inland and the east bay we're looking at temperatures in the 70s. reaching 80 degrees in chico. only 67 degrees up in the mountains of truckee. as promised, the first weekend of fall is a warm one reaching the 90s. >> jennifer, thank you. got an iphone? why some iphone users wish they could jump ship and see where they want to go. plus how an ipad played a part in the delivery of heba tby.re is there nothing it can't do? n