new this morning participants and teachers in the mt. diablo school district could finally learn which schools could close. but now there's a new twist. i'm kris steve smith. i'll have this coming up in a live report. and what the government thinks caused all the problems with the toyota and lexus vehicles. a live look outside on this tuesday, february 8th. this is "today in the east bay." good morning, everyone. i'm scott mcgrew.

it is 4:30. the camera is jumping around there. it would be windy or bouncy or something. it is a little bouncy out there. good morning to you. the east bay is seeing gusty winds right now. concord, 51 degrees. with the sustained wind speed of 15 miles per hour. it is a little gusty if you drive a high profile vehicle. you could get buffeted a little this morning. that would be the case today, but the warm down-sloping winds with offshore flow taking place are keeping our temperatures in the 50s. so when it comes to later on today we'll see a repeat performance for our temperatures from what we saw yesterday. so another day with a couple cities reaching the 70s and some in the upper 60s. the extended forecast will be coming up. let's go to mike. here's what i can do. if you are eating breakfast, turn away from the screen if you get motion sick. this is the san mateo bridge with a high wind advisory issued

by the chp. that's one spot traveling over the bridge. if you have a truck or van, keep in mind you may get caught with a gust or two as well as coming out of the altamonte pass. they put the wind farms there for a reason. it gets windy from time to time. the altamonte pass heading over to livermore, you could get assisted depending on what way your commute is. we have a distraction here as well. back to you. new this morning, decision day for mt. diablo schools, maybe. the school board is expected to choose which schools are victim to the budget act tonight, but if a new plan is proposed it could be weeks more until a final decision is made. "today in the east bay's" christie smith is live with more. it has thousands of students and parents in limbo. >> reporter: that's right. scott, for months now a school advisory committee has been working to try to come up with

three options for school closures that included elementary schools and middle schools. well, now at the last minute when we were expecting a vote a fourth option is in the mix. and that has basically changed everything. the mt. diablo superintendent sent a note home to parents growing more and more anxious waiting for a decision about this school. the latest option would include closing holbrooke or ren elementary and glenbrooke middle and consolidating two high schools and creating a special ed program at glenbrooke. closing the schools is expected to save about 1.5 million for the cash-strapped district, but in taking a closer look at everything on the table now. instead of a final decision tonight it is very possible that the board may put off a vote at least for now.

if it isn't complicated enough the board may remove some school closure scenarios tonight. of course, parents and teachers have been rallying and protesting trying to save their schools. they may have to hang on a little longer. this meeting is expected to draw quite a large crowd. so large, in fact, that it has been moved to mt. diablo high school's gymnasium tonight at 7:30. reporting live in concord, christie smith, "today in the bay." >> whatever they decide, the schools would close next academic year. >> reporter: right. everyone will finish out the year and this would be for fall of next year. again, at this point we don't know if a decision is happening tonight. if it doesn't we know the next board meeting is coming up on february 22nd. >> thank you very much. we could find out later today whether the death penalty will return to california and san quentin. the federal judge who shot down the death chamber five years ago will tour the new facility this

morning. as cheryl hurd reports, if the judge is satisfied with the changes he will likely allow the death penalty to resume. >> an unusual move by u.s. district judges, a tour of the death chamber. prison officials, lawyers and five news agencies will be alongside that judge. i talked to a father whose daughter was killed by a man on death row and he is not happy about the tour. >> i think that any man that commits murder like the one that killed my daughter and has 30 years to live because the lawyers are making money off of him by his appeals and everything -- >> reporter: this is the father of a young woman killed back in 1981 by michael morales. he spoke to us by phone because he's too ill to speak to us on camera. after 30 years he's still waiting for justice. >> i just don't understand how our system has got to the point

to where a few people can more or less say you have to see it my way or there's not going to be any other way. >> reporter: there's a group of people fighting to keep his daughter's killer alive. about a dozen people, many members of the faith community, holding are small vigil outside san quentin prison. >> we are here to urge the prisoner to not spend $400 million on an upgrade of death row. >> reporter: but upgrades have already taken place. a u.s. district judge will return to san quentin for a tour of the state's new and untested death chamber. it cost nearly $900,000 and is solely for lethal injection. morales' execution was put on hold because lethal injections were said to be inhumane. those against the death penalty say the governor need to do something. >> the governor needs to make decision about the capital

penalty system based on rational judgment not on emotional judgments. the search for a google exec is over this morning. he's been detained in an egyptian prison for 12 days. he sent condolences to the families of the people who died during the protest. wael ghonim is being called a hero, but he says the heroes are the people on the ground. this message didn't surprise his cousin who lives in santa clara. >> the first thing he did was say he's in it to get his message across. and i think him going back there showing that he's not fearful of what he got arrested for or that he's afraid shows that he's a really good role model for what he believes.

>> ghonim was arrested on the 28th of january. this is a video that shows it happening. he spent time in the cell sleeping and is ready to get back on the streets. oakland could roll out a new pot policy soon. the city council committee will hold the public hearing on a proposal this afternoon. it would permit and tax industrial-sized medical marijuana growing businesses and double the number of dispensaries. the council voted to hold off on the program in december so that it could address some legal concerns. today's meeting is at 4:30 at the oakland city council chambers. now a follow-up to a story we brought you monday. you will see bounce houses on public properties in certain areas. processing the permit is taking up too much time the city council says. nearby danville and clayton have done away with bounce houses

already. cisco is giving the gift of wireless to one east bay school at a time. they have donated more than 200 wireless routers and adapters to arise charter high school in the fruitvale neighborhood. the school says most of the kids do have internet at home but in many cases it was dial-up. the hope is the new faster connection will help kids prepare and apply to college. an east bay lawmaker will host a new town hall meeting tonight. you don't have to leave the comfort of your home to attend. representative john garamindi will hold a telephone meeting at 6:15 tonight. it will be called visible vote. you can watch it on your cell phones or commuters and ask questions in realtime. let's go to christina loren and a cold forecast ahead.

>> yes, cold, cold, cold. well, pretty average for us this time of the year. we'll see our temperatures the in the upper 50s heading through tomorrow, but this morning because we are starting out so warm we'll see another day where a couple of our cities hit the 70s. a clear morning with plenty of the 40s. we'll hit the low between 6:30 and 7:00 a.m. that's the coldest time of the day. tuesday, today, windy and dry throughout the day today with winds sustained at 15 to 20 miles per hour. in the east bay hills, take it east out there. possible rain in the seven-day forecast. we'll talk about when and how much to expect coming up. right now it is chilly heading out the front door, grab a jacket. concord, 41 degrees. turning over to the upper 60s later. oakland will hit 70 degrees later today. we'll let you know what's to come when it comes to rain in the forecast. let's see what you are facing on the roads with mike inouye.

the down-sloping winds through oakland, i'm going to show you the wind. there you go. you can see the camera shaking on the 13th floor of that building. that's right across from the coliseum. keep that in mind for larger vehicles. we'll take a look at the maps to see a smooth drive coming down the east shore freeway and approaching the bay bridge where no official wind advisory is, we are just warning folks crossing the water there. you could get caught with a gust or two. no problem across 680 in either direction or both directions of the antioch bridge. we have traffic control there because of overnight construction. that will pick up in 20 minutes. the slowdowns start in an hour there. back to you. coming up, what is wrong with one of the world's best selling cars. the government releases its report on what it thinks caused all the sticky accelerators and recalls. we'll have a preview of that

report. a grocery store moves ahead with a new program meant to help you. find out where the meat you're buying comes from and how it is raised. and extra gadgets, see how you can trade in your old stuff for new ones. ing to add a little smile to your chili ? try french's. mac and cheese need a boost ? french's helps that, too. chicken in need of cheering up? add french's to your marinade. it's a surprising way to add a little fun to your food and a whole lot of happy to your family. for recipes and valuable coupons, go to frenchs.com to add a little happy to almost any meal. french's. happy starts here. whoa! [ female announcer ] no one likes a bath tissue that leaves lots of pieces behind. that's why there's charmin ultra strong. with a diamondweave texture that's soft and more durable than the ultra rippled brand, it's no wonder charmin ultra strong holds up better

for a more dependable clean. fewer pieces left behind. business is looking better. it sure is. [ female announcer ] charmin ultra strong. enjoy the go. and for an extra-clean finish, try charmin freshmates.

to help keep your family healthy, especially during cold and flu season. that's why we make lysol disinfectant spray. it is approved to kill more germs than any other brand, even h1n1. and it works on hard and soft surfaces to help keep your home healthy. lysol, the number one pediatrician recommended brand.

some news around the nation for you at 4:44. this is a warehouse fire in texas just outside of dallas. the firefighters there say they cannot fight this fire. they have retreated and now are just trying to keep it from spreading. then off to colorado. we have some video of you from a hockey game where the players started to act funny say the parents. then all of a sudden people realize it was probably a carbon monoxide leak. people rushed outside to get fresh air. two people were flown to the town of denver for treatment in a hiber baric chamber. parents said they smelled fumes from gas-powered equipment in the building. now to christina loren. we have been looking at shaky cameras this morning due to lots of wind. >> lots of wind, but the wind is our friend when it comes to keeping our temperatures up. 51 in oakland and concord this morning.

heading throughout this afternoon because we are starting out so warm, i don't think it will be all that difficult for the sun to warm us up into the 70s in places like oakland. we'll probably see the upper 60s in the east bay. but let me show you what's happening in terms of the satellite imagery. we have changes finally taking shape here. you can see the spotty clouds on the way to the bay area. this is a cold air mass. it is going to change our temperatures dramatically heading into tomorrow. for one more day high pressure will hold on strong and drive the offshore wind. i think it will be another beautiful day in the bay. let's find out if you have a beautiful drive to look forward to. i don't know, how is it going to look? we'll look at the speeds that are pretty good. we'll call it a beautiful drive through the walnut creek interchange. we have an issue to clear from the side of the road. we had an earlier accident here still over on the shoulder. we may find a crew there, but no lanes are reported blocking westbound 24 to the bay bridge. you have a wind advisory out there. we'll show you the shaky cameras

through the altamonte pass. a smooth drive all the way over to 880 and up to the bay bridge. here's the toll plaza from across the bay. this camera is from the top of san bruno mountain. the gusty winds come out of the east bay hills. keep that in mind as you are traveling. we have to get off this camera, i'm getting motion sickness. earn americans could be getting less skittish about opening and using their wallets. some believe this is a sign that the economy is coming back, others are afraid it is a return to the bad habits that got us into the position in the first place. for more on that and news before the bell, let's turn to shartiya brantley live at cnbc headquarters. >> reporter: good morning, scott. futures are negative this morning, but the markets posted modest gains monday. stocks were boosted by a slew of mergers including aol's $315

million deal for "huffington post." asian markets followed our lead overnight but europe is flat. no economic data today but several federal reserve officials will talk about the economy. disney reports earnings this afternoon. the dow rising 69 points to 12,116. the nasdaq up 14 to 2783. cash is king in the housing market. the wall street journal says buyers are snapping up homes across the country and all cash deals. prices are at or near bottom, especially in several markets. more than half of all sales in the miami/fort lauderdale area were cash last year. 42% in phoenix. nationwide, 28% of sales last year were paid for in cash. nissan says it will be able to meet the backlog of orders for the new electric vehicle by the end of the summer. nissan took more than 20,000

preorders for the vehicle as of last september. 40% of those people followed through and bought the car, but so far nissan has only delivered 20 to the u.s. back to you, scott. facebook founder mark zuckerberg has one more he wants to defend. 31-year-old man has been ordered to stay away from zuckerberg. his sister and girlfriend as well. the restrainer order claims he attempted to follow, surveil and contact zuckerberg and he used language to threaten his personal safety. he allegedly visited the facebook offices in palo alto to ask for zuckerberg and asked for money. he was stopped outside his home last month. the man also allegedly sent flowers and notes to the facebook founder. a hearing is set to occur february 22nd. countdown to current tv for keith olderman olbermann. we are told the former msnbc

host will be joining current tv. no word on when he'll start but his presence is expected to boost the cable channel's profile. it was the channel founded by vice president al gore. it is currently only available to 60 million people nationwide. that's a fraction of the total tv audience. olbermann raised ratings and controversy at msnbc. he was suspended in november for making political contributions to candidates running in tight races. a government agency issued a report on all the problems with toyota. tracie potts is here with that story. >> reporter: the problems unintended acceleration. sticking gas pedals. toyotas suddenly speaking or speeding out of control. it led to two massive recalls involving 8 million toyota and lexus cars and as many as 89 deaths in the last decade. it cost millions to fix but $30 million in fines but $10 billion

in potential lawsuits hurting the company's reputation. >> it kind of makes me a little nervous to drive my car right now, actually. >> for many, many years it has been one of the most trusted brands in the auto industry. >> reporter: regulators were blamed for not bearing down hard enough on safety, but toyota insisted the government initially agreed that the company's electronics were safe. more recently a problem with toyota's fuel pressure sensors prompted an immediate voluntary recall. >> there's no need to panic whatsoever. >> reporter: engineers tested the cars and software. today the results. the government even brought in nasa engineers to see if electromagnetic radiation may have caused a problem. tracie potts, nbc news, washington. let's take a look at what's coming up later on "today in the bay." let's say good morning to laura. >> good morning, scott. good morning, everyone. family and friends are taking to the streets in hopes of finding the hit-and-run driver that dragged a victim 700 feet under

their car. we have their emotional plea for help. plus, california colleges are threatening massive cuts to if tax rates are not passed soon. and hear what sarah palin says she would do to christina aguilera if she was president. does that make sense? you'll have to find out a little later on "today in the bay." well, major retailers want your stuff. target and radio shack are now buying back high-tech gadgets from customers offering credit to new purchases. people have been dumping old smart phones and whatnot on craigslist and e-bay, but retailers are recognizing trade-ins for loyalty. others with buy-back programs include best buy that launched its program during the super bowl. whole foods is offering

shoppers a way to find out where meat comes from and how it is raised. the system ranks beef and pork and chicken from one toll five. an auditing firm is looking at the practices and conditions of the animals and shoppers can look for signs and stickers in the meat department. whole foods requires that red meat be raised on a vegetarian diet with no antibiotics or added growth hormone. >> a new study suggests a child's diet could affect iq scores. a british study of 14,000 students found kids who ate mostly processed food at the age of 3 had a lower iq five years later, even if their diet improved. on the other hand the 3-year-old who ate a healthier diet had a higher iq at age 8. changing dietary habits later from ages 4 to 7 had no impact on the iq score. the brain develops fastest during the first three years of life. people who get more sun and vitamin d could lower their risk

of ms. previous studies have shown ms is more common in places farther away from the equator. australian researchers say that the lack of sun is to blame. adults with skin damage cut their risk of ms by 60%. those with the highest levels of vitamin d were less likely to develop the disease. exposure to the sun did not benefit people who already have ms. christina is joining us with one last look at the forecast. >> a lot of vitamin d today. we are looking good in terms of the amount of sunshine we are expecting later this afternoon. a little breezy this morning, so make sure you stay alert out there. watch out for the slippery roadways. 51 degrees in concord right now. 49 in livermore. it is relatively mild out there to start. so temperatures this afternoon will be mild once again. we are forecasting the upper 60s to low 70s in the east bay today. high pressure is still the dominant feature driving the offshore winds. take a look at what's coming our way. you can see the spotty clouds.

this is a cool air mass to settle in heading through tonight and tomorrow. that's going to drop our daytime highs back to the 50s. but the good news is we'll be 59 degrees by saturday. we do have showers on the way it looks like late sunday into monday. the system has gone down a bit. we were looking for showers on saturday. right now sunday into monday showers are on the way. it could be a juicy system. the more i like at it it looks to pack some moisture. maybe some places getting up to a half inch of rain over the weekend. to baby animal news, a 5 1/2-month panda cub is enchanting visitors in vienna, austria. this little guy is named lucky tiger. he was born last august weighing in at just .2 a pound. now he is up to 22 up pounds.

recently he came out to visitors. before that he was uncomfortable outside. coming up, the hold-up for california driver's licenses. why it could take up t ao month to get your new license in the mail.

new this morning, closing its doors. the bay area company says farewell. i'm bob redell. i'll tell you why some bay area

college students might be asked to pay more to go to class. that story is coming up. and controversy surrounding a proposed rainbow walk of fame in san francisco's castro district. we'll tell you why harvey mills is off the induck tee list. and christina has details on another sunny day. it is tuesday, february 8th. this is "today in the bay." good morning and thank you for joining us. i'm laura garcia-cannon. >> i'm brent cannon. coming up on 5:00 we want to check in with christie to take a look at the hour by hour forecast. >> it has been absolutely beautiful. unfortunately, heading through tomorrow morning and tonight the onshore flow will kick in. we'll see that marine layer pushing towards the coast. that means the fog will be back. but this morning right now we are clear along t