>> down to the wire for the giants. how close they are to making it in the playoffs. getting ready to square off, the candidates debate and we will have traffic and weather on september 28th on today in the bay. good morning and thanks for joining us. i'm laura garcia cannon.

>> i'm brent cannon. traffic and weather to get you start and another hot day. >> we were hoping to cool it down, but it's not going to happen. here's 12:00. a lot of us already in the 90s. 96 in fairfield and 96 in livermore and 93 degrees in santa rosa. along the area beaches, a bit of a cool down, but otherwise another very hot day as forecasted. broke a lot of records and might see breaks in the traffic, right? >> we are talking about the traffic for the north bay. it was just the on ramp to eastbound 80 and almost out in davis. golden gate bridge into the area with a nice flow with the headlights. no problems so far, the bay bridge with big back ups. we are encould you remembering mass transit because it is a spare the air day. >> runners and picnickers won't

be able to use allen rock park at least for today. it will be closed because of the hot weather and potential conditions for a fire. state lawmakers and the governor will pick up budget negotiations again today. democratic lawmakers are struggling to end the stalemate and make long-term reforms. they reported progress after negotiations last night and remember thursday lawmakers announced they did have a framework for potential solutions to eliminate $19 billion from the deficit. >> the candidates for governor will square off in the first debate and some say a lot is at stake. they see republican meg whitman and jerry brown in the same place under the same conditions. only five weeks until the november election. the debate will kickoff on the uc davis campus. >> we will host our own debate between whitman and brown on october 12th. tom brocaw will moderate that

one. it will be at dominican university. the debate begins at 6:30 and on our website. >> new laws meant to prevent crashes could actually cause more to happen. a new study looked at the laws fining texting while drive suggest leading to more crashes. live in san jose to show us what the research found. good morning, bob. >> good morning, laura. you may recall a ban on texting while driving over a year and a half ago. it was designed to make the road safer, but if you believe the new study from the institute it is actually had the opposite effect. what the institute did is compared insurance claims in california and three other states before and after the bans went into effect. it found in three of the states the number the crashes

increased. there was a 12% crash. this was among drivers 25 years old and younger. here's the theory. if you are one of the people who is driving and refuse to instead of texting like this maybe like they used to do in the old days with their eyes in the road, they are trying to avoid police and putting the phone down in their lap. a lot of people are not going to admit to it, but your eyes are further from the road and you are not paying as much attention and therefore increasing the chance that there might be a car accident. the institute which is funded by insurance companies will be releasing this study today at the governor's highway safety association where it's not expected to receive what you call a warm reception from the states who enacted the ban. they are not challenging that texting while drive suggest not safe, it argues that the

enforcement needs to be stepped up. the secretary of transportation calls it misleading, noting that deaths caused by distracted driving have stopped increasing where the bans have gone into effect. one advocate said the seatbelt laws took years before society noticed their full effect. live here in san jose, bob redell, bay area news. >> a lot of distractions out there. thanks so much. >> jackie spear will propose a bill to strengthen pipeline regulations nationwide. if the bill becomes law, homeowners will be notified if they live within 2,000 feet of a gas line. spears pushing to have all natural gas lines equipped with an automatic valve. after the september nights, it took workers two hours to manually turn off the gas. firefighters say if the process had been quicker, there would have been less damage. >> a trial date for the four people charged with holding and

torturing a teen boy in the home. they wanted a jury selection pushed back, but they said it will begin as planned on october 12th. michael schumacher and his wife face charges of aggravated mayhem, torture and false imprisonment. the boy escaped from the home in december of 2008. the neighbor and the-time guardian are also changed in the case. a lot of earthquake activity overnight. a couple of earthquakes with a magnitude of 2.0 struck yesterday in alameda county originateing for the hayward fault. the latest happened after 11:00 last night. it was centered about a mile east of hayward near the regional park. earlier in the day another quake struck about 5:50, but they are 2.0. chronic drunk drivers will pay a hefty price that would revoke a license for 10 years if

they are convicted of three offenses in a 10-year period. current law allows a three-year revokation. the new law will take effect january of 2012. a big honor for peace officers. jerry brown and governor schwarzenegger will present them with a public safety officer medal of valor at the capital. captain kevin rafeali and roberto gonzalez are all among honorees. san francisco is trying to do more to the high speed film industry. the city wants to partner with businesses and offer discounts to filmmakers that bring productions to the city by the bay. it's the latest new idea being worked out by the director of the film commission. the hope is to attract production companies by offering hotels, restaurants and discounts. san francisco is getting a

boost in education. bill gates foundation awarded the city a big grant. $3 million from the bill and melinda gates foundation. the transition for public school students heading to san francisco city college. it's meant to address the dropout rate. >> i think it will help because you have three petitions working to get rid of the high dropout rate. >> the money comes at a time when schools are reaching out to private foundations and owners to make up for funding. last year city college held a garage sale to save some 300 classes. san francisco was one of four cities receiving the grant. others included new york city, mesa, arizona, and riverside. >> the giants are back in action at home. any combination of wins and losses by the padres that adds up to six puts the giants to the

playoffs. they lead the west by game over the padres. tonight is the start of a three-game series. then the padres come to town to finish off the season on friday. >> fun to watch. it's 5:09 and we want to look at the commute with mike. >> so far so good except for this accident out of the area. it's in santa rosa and a lot of folks traveling through there. the 101 in towards petaluma and nevada. an accident there at highway 116. the interchange there, you will see a lot of activity and the car has done major damage to a guardrail. it sounds like it's wrapped into part of the wheel well. no major injuries and no injuries reported as a result. a smooth drive heading into the city where a lot of people will be coming for the giants game. >> where is your orange? >> it will feel like midsummer baseball. >> or red if you go in the sun.

>> a lot of orange and red on the map. that means warm temperatures. we are starting out in the 60s and in some cases near 70 degrees this morning. 65 in livermore at the moment. 67 in concord. 70 in san mateo and 73 in san francisco. cooler towards santa rosa and novato. feels pretty good. the air quality remains bad. we have unhealthy air in the east bay through the santa clara valley and moderate elsewhere. here are the forecast highs. 101 degrees in santa rosa. 96 in san rafael. we broke a lot of roars and are on the verge of doing that yet again. when is it going to cool down? we cool down tomorrow with a high of 87 instead of the ridiculous 90s and triple-digits. >> ridiculous. amazing mudslide video coming up next. >> the efforts to reduce the

national dropout rate and what's happening today. >> good news for the college bound. some schools may be able to take in more students. 3q we believe keeping kids healthy can start with healthy hands.

with the lysol no-touch hand soap system healthy hands can be automatic. for healthy tips and more, visit lysol.com/missionforhealth. you can't really love me. i know about gayle. i don't know what you're talking about. if you just tell me what happened... [ ding ] [ man ] 35th and archer. next stop hamilton. [ brakes hiss ] ♪ [ male announcer ] now you can watch hit tv shows on your iphone when you get at&t u-verse tv. at&t. rethink possible. our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety.

jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us.

some of the bay area's most iconic figures, the bell ringing contest gets under r under way. i can't believe another year has passed. leonard oats is going for the third year in a row. firefighters in southern california are working throughout the night trying to get the upper hand on a fire in ventura county near thousand oaks. that fire is more than 50% contained at this time. no buildings have burn and no reports of injuries so far. >> that's an amazing video into our newsroom. the moment of a massive mudslide buried more than a dozen people on a mountain road. you see the cliff give way there. comes crashing down on homes and a group of people changing buses

after another mudslide blocked the road. workers will try get the victims to them again this morning after heavy rain delayed the rescue efforts. >> senator ted stevens is going to be buried with honor this is morning at the arlington national cemetery. he was a world war ii veteran and served in the senate for 40 years. he died last month in the plane crash. preventing school dropouts will be big in washington. secretary of state colin powell will talk about his two-year efforts as part of america's promise alliance. he cofounded it with his wife, alma. 3.1 american million students or 7,000 a day dropout of school. the government identified 2,000 low performing schools that produce nearly half of the nation's dropouts. president obama wants to shut them dun or turn them into charter schools. educators are honing in on ninth

grade-based research. >> proven to be the most critical year to determine the high school graduation. >> jobs in the future require a college education. the alliance for excellent in education said keeping kids in school can save the bottom line and crime and preparing the next generation for jobs. cal state campuses will be more crowded. they plan to admit new students for the winder and spring term. they closed to most applicants last year because of the state budget cuts. acceptance letters have been mailed out so check the mail. cal state is moving forward with admissions now because lawmakers and the governor said they are committed to restoring over $360 million in funning to the cal state system. >> checking the mail could be nerve racking. they do it by e-mail now. >> no longer the fat or the thin

envelope? i remember well. >> we had a baby-sitter waiting for her e-mail. we have new competition. >> it's called the playbook. here's a look at it now. the playbook is smaller and lighter than the i pad and weighs in at just under a pound. the i pad is a pound and a half. it comes with wi-fi and no 3g connection. we don't know how much it is, but it hits stores early next year. an article in the times questions whether india is a good place to do business, pointing out the government has sweeping power to examine companies' private e-mail and data. a growth area for american companies. it's not just a big chip company that has a worry that secret patents are being spied upon, but the payroll goes through india and probably your health roa records as well. what security is there to prevent the government from

tapping into the records. >> interesting. thanks a lot, scott. we want to check in with mike. no skreat that there is a pipeline burst. >> i saw the reports of flding. 880 at 92. it is a busted pipe. not a water main, but a busted pipe and a lost construction as folks know on eastbound 92. off of 680 and it will be affected by standing water in the lanes no. the standing, but flowing. they are going off across the lane and maybe two are affected. you can drive through, but there will be a crew. i will let you know if they have congestion heading over towards the bridge. we will keep our eyes on that we will keep our eyes on the maze. 50s and 60s and 50s out of the tunnel for highway 24 and nice approach to the maze. it is a tuesday. we expect the heaviest volume of the week on tuesday. watch for major slowing starting about 6:30 to start showing the congestion. we will look at the toll plaza.

we had an incident reported just before it got here to the wall. we have updated on the incline and a light volume of traffic. the easy drive through the hills and the hills are going to get drier. you will see the yellow hills and jennifer will show you the yellow and red on her map. >> thanks so much. a piece of country history getting ready for the grand reopening today. we will take a tour of the grand old opry, next. [ 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.

it's a warm morning. a live look at downtown san jose. i think i hear a lot of air conditioners going off in the distance. no sea breeze to cool us down. yesterday we had nice cool temperatures and not so this morning. some of us are starting off in the 70s. this heat is going to take its time moving out. we will see more of a sea breeze than yesterday, but in the inland areas, it will be another very hot day. air quality is not going to be good. right now current temperature is 67 in concord and 65 in livermore. 70 in san mateo and 73 in san francisco and 50s up in marin. 59 in santa cruz. there is a look at the air quality and not good. another day to take it easy. here are the forecast highs.

103 in fairfield and 105 in livermore. we broke seven record highs or tied them with 96 degrees in san francisco. forecasting a high of 89. a kiss of the sea breeze and 101 in the mountains of lot gatos and 93 in santa cruz. chico up to 101. 95 in petaluma. when will we cool down? we look at the forecast highs still very hot. typically around 80 for a forecast high. throughout the seven-day forecast, we will be well above average, but we will notice better air quality for tomorrow and temperatures starting to cool down to 87. >> thanks a lot, jennifer. one of the most popular and historic music venues will open for the first time in several months. floods ravaged the grand old opry in may. today in the bay's jay gray

shows us how high water couldn't wash away the country resolve. >> the waters of the cumberland are calm. just below the surface. painful memories still linger. >> we had 10 people die in nashville and 10,000 properties damaged. >> one of those belonged to clair beach. >> you walk away and you don't know how much you are going to lose or how much it's going to be under water. that is a difficult moment. >> she is still sorting through the damage, but after four months, she will be back home for the first time since the flood. on the same day ironically that another nashville family is finally coming home. it's opening night tonight at the grand ol' opry. >> in many ways it's the sound track to the lives of many american families. >> the song that hit perhaps the saddest note ever as water

filled this sacred hall. home to the ledge ends and hallowed ground. the current stars. >> the lights have a film of mud on them. you have got this entire stage which had water on it. it's heart breaking to think about this. >> heart break that quickly gave way to hard work. >> there was never a question but that this place would arise and rebuild and come back stronger than ever. >> there new dressing rooms and a new stage and seats, but as the spotlight warms for the big show, the spirit that built this hall and carried it for 85 years now remains the same. >> such a testament to the backbone of this community. >> a community of survivors. jay gray, nbc news, nashville.

it would be fun to go. >> have to keep it up and running. a northern california soldier serving in iran is dead and it is possible another soldier killed him. we will you what happened. >> california is getting ready to execute its first death row inmate in almost five years. we will look at when that could happen and what the man did to get on death row in the first place. >> 10 candidates get a lead in the race. a live look outside. lights in the distance and it could be another hot one. we will check the forecast as well as the traffic coming up. [ male announcer ] as the ceo of hp, carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china.

and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht. and five corporate jets. i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message.

an overnight fire sends three people to the hospital. a man who said his grandmother was ideas at the time. >> the first execution in years is delayed. for how long and why? we will have answers for you in a live report. >> we just cannot seem to break the heat. another day of very hot weather. we broke seven records across the bay area. this is a look at the 12:00 forecast. on our way to triple-digits in concord, fairfield, livermore and santa rosa and gilroy. we will talk about the cool down. >> good morning and thanks for joining us. >> coming up on 5:30, this is

today in the bay. new this morning, a 6-year-old girl was injured after being hit by stray bullets. it happened around 2:15 at seminary avenue at east 16th street in oakland. a neighbor said that the girl was hit in the arm and the side, but she is expected to survive. police say they found the bullets in the girl's pillow and have not made arrests yet. laws banning particularing while driving could be backfiring. it is one of the 30 states that ban texting while driving. the institute compared crash rates in california, louisiana, minnesota and washington before and after the bans went into effect. crashes rose in three of the states and researchers think that drivers now go out of their way to lower their phones so that police can't see them texting, but that takes their eyes off the road. >> a date with death on hold. governor schwarzenegger delayed

the execution of albert greenwood brown, but maybe not for long. christie smith is live at san quentin with how much more time brown has. good morning. >> reporter: good morning to you. albert greenwood brown is now scheduled to die here at san quentin at 9:00 p.m. thursday night. this had been scheduled originally for 12:01 a.m. wednesday. governor schwarzenegger issued a statement saying the reprieve was needed because the court injunction won't actually expire until thursday. brown does have more time for appeals and a clemency request. in addition the state is running out of time because one of the drugs needed to carry out the execution is about to expire. the department of creeks said brown's execution may be the last until it can get a new supply of the anesthetic sodium thio pent ol and only has one dose left. >> they created a situation

where they have a three-hour window to carry out the execution before their drugs expire and they may no longer legally use them. >> reporter: 56-year-old brown was convicted of raping and killing a 15-year-old girl in riverside in 1980. if the execution is delayed past friday, the state may have to wait until next year when the drug manufacturer said that more of the drug will actually be available. there is more legal action today expected with more appeals in both state and federal court. reporting live at san quentin, christie smith today in the bay. >> thank you very much. the death sentence for brown would mark the end for a man who committed numerous crimes against teenagers. he was out of prison for less than five months when he raped and killed susan jordan. he served four years for rape after breaking into a riverside

home in 1976 and attacking a 14-year-old girl. he then rape and murdered the other girl in 1980 when he was convicted and sentenced to death. despite changes in the death chamber and the way inmates are executed, there still questions about the process and we will talk to an expert on that coming up later this morning. a berkeley church plans to protest the death penalty. members of the fellowship of unitary plan to block the prison entrance gates and say that killing is wrong and the death penalty is not a deterrent for crime. >> a soldier died and was killed by a fellow service member. a connecticut soldier was shot and killed on thursday. the military found friday it was a noncombat incident. the u.s. service member is in pretrial confinement charged with two murders. the affiliate talked to the

family and that when they called them, there was no mention that another soldier killed him. they found that out from the media. >> new this morning, three people are in the hospital and a home was destroyed from a fire. the flame also jumped from the house to several cars. it happened on madison street near highway 4 about 11:30 last night. nine people were in the house when the fire started. a man said that the house belongs to his grandparents and he rushed to the house when he heard about the fire. >> it was heart stopping to see the way the flames came out to the window and the suv was on fire. >> the red cross tried to take care of the families affected this morning. >> a public peep show in palo alto dealing with four slashing incident this is week. police arrested sandoval after he exposed himself to a victim at the park. there was a second flasher they are looking for. he is described as a clean

shaven male about 20 to 30 years old. police say he is about 5'7" weighing 200 pounds. the man was last seen here on atascadero road. >> the mayoral race is heating up in oakland. out of 10 candidates took part in a debate at the temple sinai. three have experience in politics and the rest do not. people should vote for them in november. >> i know exactly where the corruption is and i am going to do everything i can do to put a spotlight on all the corruption to get rid of every bit of it in the city of oakland. i do think the next mayor needs to be someone with the skill set to do the job, but not the baggage. long time politician don perada has the most name recognition, but two with city hall experience including councilmembers rebecca kaplan.

raiders fans saying goodbye to a legend. he was an ironman and raiders field goal kicker and played in the nfl until he was 49. he died after a brief illness. it was davis that presented him into the hall of fame in 1981. he was 83 years old. >> turns out the best s.w.a.t. team in the west happens to be from the north. the north bay that is. county sheriff special weapons and tactics unit won the best of the west award. this is video from a couple of years ago. the event is hosted by the santa clara county sheriff's office and deputies deal with hostage situations and compete in ob sta telecourses. sonoma county beat 25 teams from across the state. >> we have the smartest people living her in the bay area. two professors and oakland writer as well as a stanford

geneticist are among the winners of the mac arthur foundation genius grants. they are more than 500,000 each and use that money to pursue the creative work. they include economists and security security specialist don song. the fiction writer from oakland and stanford professor carlos bustamante. we want to check in with our traffic guru. >> i hope to win the competition next year. i will submit the report again. where we did talk about a disabled vehicle affecting the part of the job approaching the westbound upper deck. a report on the incline that was there and pushed off. not pushed off, but off of the roadway via the off-ramp at yerba buena island. from oakland to san francisco along the upper deck. you see the more volume picking

up as it continues. we will see slowing on the east freeway. we see green chicklets with speeds into the 80s as you look on average off of the bridge. an 18-minute drive. you might find slowing because of an earlier hit-and-run. there is a carrot side of the road that was hit. the other car ran and as we saw anything, call it into chp. from richmond through the richmond bridge. we will take a look at oakland. reports of debris and a large metal spring at the top. no reports of problems, but we will watch for activity. not a problem, but the warm autumn is. we have a spare the air day and we encourage folks to use bart system. there is a system there at the coliseum. that's the hot forecast. >> it is. we are trying to cool things

down, but the models said no way. they brought up the temperatures and yesterday we had seven record tying or high temperatures. we stay hot inland. along the beaches, more of a sea breeze and kwar quality is remaining low. there is that nice sea breeze. not going to get far inland at all. some of us start out in the 70s. 70 in san mateo and 73 in san francisco. 65 in livermore and 67 in concord. there is a look at the bad air quality. when we see yellow and red, we know it's not a great day to do a lot of outdoor activities. that's a look at the forecast highs. 105 in livermore. are you kidding me? 103 in concord. we are staying well above 100 in many areas. we'll cool down by at least 10 degrees with the onshore flow and by friday, we are almost

year where we should be by friday. >> hot out there. >> 5:39 and why steve jobs could be the reason one student got a b on her assignment. >> who california is asking for help from when it comes to digging out of a $19 billion deficit. >> now hiring. the white house could need somebody to fill a key position. we will tell you about that and who is expected to step down, coming up next. (announcer) while there are some home disasters you can't avoid,

there is one you can. septic system breakdowns affect 1.2 million homes each year. septic backups can cost about six thousand dollars in expense, and countless hours of repair. rid-x. help save yourself from disaster. per. >> good morning to you. a live look outside from the south bay this morning. over san jose, another warm on tap. quite hot. but cool down is coming our way.

when and where and we will check in with jennifer hill. >> mid-term elections are approaching and president obama is lashing out at republican leaders, calling their policies irresponsible. the president is taking his message on the economy back on the road and today in the bay's tracy pots is live in washington, d.c. with the details. tracy? >> you will find these events with president obama have a campaign-like feel. that is by design. the white house trying to replicate success and doubt the democrats in the critical mid-term elections. he is off to al but kerk to continue a series of back yard discussions, specifically trying to sell the president's recovery plan and on to wisconsin this afternoon where he will do a rally and tap into the youth vote that worked so well for him and the democrats. as you said, the tone is changing. as we get closer to the election, president obama taking off on republicans and they released the pledge to america.

he calls it irresponsible, specifically the part where they want to extend cuts for everyone. the poor, the rich, the middle class. it's like handing a $100,000 check to the wealthy in the middle of an economic recovery. they are taking off on democrats as well. it's an interesting election season. a lot of that campaigning by the president starting today. >> thanks a lot, tracy. the white house is coming down hard not just on republicans, but democrats we understand as well. >> she is having trouble hearing you or she didn't like the question. >> she sent it to me. >> 5:44 right now. >> we will get to today in the bay's traffic and weather, but first new this morning, u.s. is trying to salvage peace talks and washington's special envoy rushed to the region in an

emergency mission trying to get talks going again a few weeks after they began. palestinians are upset over israel's decision to resume new construction in the west bank after a moratorium expired on midnight sunday. >> the security chief wants airport leaders across the world to step up the game when it comes to stopping terror attacks. janet will talk to the group that set airport standards. she is pushing body scanners and other innovations that catch explosives in addition standard metal detectors. >> we could learn as early as this week if president obama will have to find a new chief of staff. chief of staff rahm emanuel will announce as soon as friday if he is going to leave the post to run for mayor of chicago. analysts expected him to pursue that position when it turns out that the current mayor announced he would not run for reelection.

emanuel may wait until mid-term elections are over before announcing his decision. he has until november 22nd to file the paperwork if he is going to run. >> per good morning. we will take you out to 680 northbound. reports of an earlier accident and the car hit a door. it may have done major damage to the car and the clear has to be clear friday the roadway. the chp will be heading fors danville. we have the carrot side of the road as a distraction sdpt slowing coming westbound out of the pass in towards livermore. now at 15 minutes and droeing in the westbound direction. sudden slowing right here. that's not a good point. we will follow it carefully at the interchange as well. off the interchange, the bay bridge watch as the volume

continues to grow. >> the traffic is heating up and the weather is heating up. we are hoping to cool things down, but it looks like on the east bay it will be another hot one. in marin as well. looking at the current temperatures, it is warm outside. 73 degrees right now in san francisco. 70 degrees in san mateo. 65 in livermore and 68 in san jose. unfortunately we will have more triple-digit temperatures inland and not much this morning. looks like a bad air quality day as well. a bit of a cool down and the upper 80s will feel cooler. we start off in the 60s and that's a look at the noon forecast. 95 degrees in concord and 101 at 4:00 in los gatos. 101 in santa rosa. the seven-day forecast shows temperatures falling into the upper 80s that will feel so much

cooler and almost back to normal bite end of the week. . >> per thanks a lot, jennifer. a terror plot unrafld. police arrested three suspects in norway who were likely planning an attack against the danish newspaper. police believed the planned attack was linked to the caricatures of the prophet mohammed printed in the paper sparking outrage in 2006. police arrested the men in july. officials believe that that plot was linked to the same pakistani-based al qaeda planners behind the thwarted schemes to blow up new york's subway. looking for a missing teenage hiker. shane mcneal was last heard from saturday. his mother received a text message from him. searchers will be along the colorado river looking for neal. they say he was in a popular hiking area surrounded by cliff and loose rock. >> the candidates for governor

will square off and a lot is at stake. it's the first time that many will get to see meg whitman and jerry brown in the same place upper the same questions and conditions head to head. only five weeks until the election and the hour long debate will kickoff tonight. nba bay area will air the debate between brown and whitman on november 12th. they will moderate the debate. coverage begins at 6:00. the debate will start at 6:30 here on the bay area and our website, nbcbayarea.com. a short delay of the execution of a california inmate. the governor pushes back albert greenwood brown's date until thursday. today in the bay's christie smith is live with what was behind this delay. >> reporter: good morning. the governor gave brown more time for appeals and issued a statement saying the reprieve

was needed because a state court injunction against executions won't even expire until thursday. 56-year-old albert greenwood brown was convicted of raping and murdering a 15-year-old girl in riverside in southern california in 1980. governor schwarzenegger delayed the execution by 45 hours to consider also a clemency request. it was originally scheduled for 12:01 a.m. wednesday. there is another twist in all of this. the department of creeks now saying that this execution if it happens may be the last at least until it can get a new supply of the drug needed. the manufacturer say they may not even be available until early next year. live in san quentin, christie smith, today in the bay. >> strange to talk about, but california is not the only state running low on chemicals.

scott continues our coverage. >> 35 states use lethal injection and two states delayed execution and another may have to due to the shortage of chemicals. "the washington post" said this morning the problem is with that drug that puts you to sleep. the first of three generally used to end the convict's life. it's also used in medicine, but there is a shortage not because doctors are using it, but the company that makes it north of chicago doesn't want it used as a poison and so it isn't supplying the chemical it prisons. executioners can't substitute another drug because as california knows, there is a legal methodology that has to be followed to keep the execution within that narrow definition of punishment so it won't be considered cruel and unusual and therefore unconstitutional. >> very interesting. state lawmakers and the governor will pick up budget negotiations again today.

governor schwarzenegger and lawmakers are still struggling to end the stalemate and make long-term reforms. they reported progress after negotiations last night. lawmakers announced they have a framework for a solution to eliminate a $19 billion budget deficit. california is actually talking with wall street banks about a possible huge short-term loan. it would help replenish once the budget is reached. the loan is profitable for banks and would be repaid within about a month. the cash infusion would allow the state to start making payments to creditors. california voters are giving leaders the worst approval ratings in history. a poll shows just 10% of voters approve of how the legislatures is doing its job. the lowest rate since the polls started in 1983. the governor matched his all time low and gets a 23% approval rating. that is just a point higher than

his low in july. laws against texting are supposed to prevent beings. new studies suggest they could be doing the opposite. bob redell is live to show us what new research indicates. bob? >> good morning. new research finding that the bans on texting in three out of four states that were cited had crashes increase. you used to be able to do this. >> bob, quit texting. >> something happened there. we lost bob's signal. maybe somebody trip over the wire. bob will join us later to give us the latest update on what the survey says. it turns out maybe folks are looking down and hiding their phone so that the police can't see them, therefore taking their eyes off the road even skmoer that is causing problems. i want to check jennifer with the forecast. >> when you are texting in your

live shot, things go down. we are waiting for the heat to go away and last night the weather model said no way. we will hang on to the heat more day. we saw that very strong offshore flow, meaning no cool air coming in from the pacific to cool us down and the air quality is pretty bad. look at the temperatures. a warm 73 in san francisco and 70 in san mateo. 67 in concord and 65 in livermore. you know it will be a hot day. a spare the air day. unfortunately the red color means unhealthy air. moderate elsewhere. the high pressure is parked over us and the hot air. not a great day to be outside doing big exercising, especially in the afternoon. here are the forecast highs. 105 in livermore and 102 in concord and 103 in fairfield.

san francisco and oakland and concord breaking or tying records. it will be cooler in san francisco. yesterday it was 96 and they should get a kiss of the onshore flow. santa rosa again hot at 101 degrees for a forecast high. 99 in healdsberg and 95 in petaluma. here's the seven-day forecast. today a hot one of the. tomorrow cooling it down, but we are well above average. as we progress through the week, we will be cooling down more and the air quality will be improving. >> already. yost to exercise today. law and order moving west. nbc canceled the original version after 20 seasons and 456 episodes. law and order los angeles premiers tomorrow night at 10:00 p.m. the man who created it all said he is disappointed about the end of the old show, but excited about taking the opportunity to

a new city. >> the way i described it, you were taken up and they pulled the trap and you dropped and hit a trampoline and came right back up again. >> we have the original law and order alongside gun smoke as tv's longest running drama. >> a college student writing a journalism paper and wanted a comment with apple. the pr department would not help and she appealed to jobs. the response was please leave us alone. that may be part of the reason she got a b because she did not include the e-mail exchange in her paper. it won't matter because she when she graduates, her story got her dozens of internships and job offers, but you can't leave out the main part of the story. >> i wonder what the question was. >> we are busy creating i pads.

>> metal detectors are not cutting it. who is pressing for the world's airports to start new screening standards. >> the trial of people accused of torturing a teen and keeping him shackled in their homes. >> a california soldier is shot by another service member. >> a bay area police force pushing to allow their offices to carry tazers after a deadly shooting. >> another hot one looks cool overlooking the south bay. might be the w to head es time outside. we will check the full forecast coming up.

a pillow full of lead that sent an east bay girl to the hospital.