good tuesday morning to you at 4:30 as we take a live look now at san jose. a beautiful way to start the day as we get on our way. good morning and thanks for joining us. i'm marcus washington. >> i'm kris sanchez in for laura garcia-cannon today. we want to get started off the bat with traffic because we have a sig-alert. >> that's right. it is a crash. we did get an update from chp. eastbound 80. as we look at the city, we are going to zoom in. off the bay bridge, the deadly crash came in after 3:00 this morning. so, folks, you are down to one lane off city streets. no slowing shows up on the sensors, but there is slowing on

the scene itself. chp just gave us the update they hope to reopen the rest of the lanes after the investigation. it sounds like someone was hit on or off the off ramp. we'll find out more on that investigation. meanwhile, the rest of the city does move well. traffic flowing smoothly. but right now, that is the one part we are watching. as far as the weather, what are you watch sng. >> patchy fog. otherwise, nice clear and cool start for the inland areas. as we look at the high temperatures today, we are heading into the mid-70s in san jose, upper 70s for the south county and for the east bay, 81 in concord while oakland will see a high of 71 degrees, also 71 in san mateo. san francisco, upper 60s and the north bay see the highs reaching into the upper 70s with gusty winds. we'll talk about the chance of

rain in the forecast and what you are following now, kris. >> thank you. we are following two major hurricanes impacting millions of people in the atlantic. people along the east coast are watching hurricane jose. this morning, the big headline is hurricane maria on track to be more destructive than irma. maria restrengthened back to a category 5 storm. new video of the eye of the storm as it passed an island. winds 176 miles per hour. the prime minister said we have lost all that money can buy, end quote. maria is set to hit puerto rico tonight or early tomorrow. the coast guard is helping homeowners prepare for round two. the puerto rican governor is urging people to get out.

>> this is between life and death, it's that simple. >> we are very, very, very worried. >> the last hurricane to hit puerto rico was hugo in 1989. that was a category 3 storm. we just learned within the last five minute that is san juan's airport is going to shut down tonight. >> here is all your commute is getting worse according to a new report released by the metropolitan transportation commission. highway 24 in walnut creek on the left and the bay bridge on your right. all over the bay area commuters are spending more time driving. >> no matter the time of the day, bob redell is live with a closer look at the sights. good morning, bob. >> reporter: good morning kris and marcus. we are here in fremont mission and 262, the onramp to northbound 680. come this afternoon, 680, the

lights will be crammed with cars with workers trying to get home. according to the transportation commission, this commute is number four, the fourth worst in the bay area and is actually up from number six the last time the study came out. this is an annual study. they found traffic congestion during rush hour increased 80%, 8-0, since 2010. if you were to look at 2010, the average commuter spent 1.9 minutes stuck in traffic 35-mile-an-hour or less. compare it to last year and the number jumps, 3.5 minutes, people stuck in traffic 35 miles per hour or less. we listed the worst. the worst is the afternoon commute trying to get from 101 to the bay bridge. number two on the list happens

to be the worst morning commute. that's commuters trying to get from hercules and the east bay to the east shore expressway down and across the bay bridge. this corridor is the only route that stays congested throughout the day without a break in between. you can see hot spots for bad traffic in the afternoon. highway 101 in mountainview, 282 and san jose. they point out this increased drive time assures the job market in silicon valley are strong. on the flip side, how hard it is to find affordable housing near their job. they are hopeful that new express lane projects can ease the congestion on 880 and northbound 680 over the next couple years. reporting live in fremont, bob redell, "today in the bay." >> thank you very much, bob. happening today, president trump delivers his first united

nation's general assembly address. the president is expected to push his america first platform and urge other nations to do their part in confronting regimes like north korea. the ongoing missile test is a focus of the president's address, according to a senior administration official. yesterday, trump talked about reforming the united nations itself. >> the united nations great, not again, make the united nations great. >> president trump will deliver his remarks at 10:30 eastern time, which is, of course, 7:30 our time here. a live report from washington and what president trump plans to say to the u.n. in 30 minutes. also happening today, a pretrial hearing in the case of jahi mcmath. a judge allowed the malpractice suit against the children's hospital in oakland to move

forward and decided by a jury. the hospital declared the 13-year-old girl brain dead after an operation to remove her tonsils. they claim jahi is still alive and want the hospital to pay for her care. a trial date has not been set. bart is handing out free tickets. they are not easy to get. the way bart officials are giving out these tickets is coming up. a live look from our camera over emeryville this morning. bob was talking about it. a lot of traffic this morning. mike inouye will get you through that spaghetti bowl. more news ahead.

♪ ♪ making it ♪ ooh ooh ooh. ♪ making it ♪ thick, carved turkey breast. the autumn carved turkey is back for a limited time at subway. so much turkey. the energy conscious whopeople among usle? say small actions can add up to something... humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too? turns out, it's californians it's me and it's you. don't stop now, it's easy to add to the routine. join energy upgrade california and do your thing.

♪ making it ♪ ooh ooh ooh. ♪ making it

♪ thick, carved turkey breast. the autumn carved turkey is back for a limited time at subway. so much turkey. good morning, i'm landon dowdy, live at cnbc headquarters. add to monday's gains today. the dough closing at a record high for the 40th time this year, topped by gains in the financial and materials sector. the fed kicks off a two-day policy meeting today. the fed is not expected to hike interest rates but tell of the plans to reduce the massive balance sheet, which it used to prop up the economy and the financial crisis. rising 63 points. the nasdaq up six to 6454. app equifax confirmed they had a

breach in march before the big one. the company won't say the march incident would you descri incident was a breach, but wasn't discovered until july, then disclosed earlier this month. however, reports suggest it may have been carried out by the same group of hackers. toys "r" us filed for bankruptcy protection. they will get out from a mountain of debt. they will continue to operate as usual. 1600 toys "r" us and babies are us stores are remain open. they will keep the stores stocked with with games and toys for the holiday season. >> thank you, landon. how about this? ride bart for free? yeah. it's a promotion to increase weekend ridership. over the past two years there's been a decrease of passengers on saturday and sunday, which cost bart $15 million. bart handed out 25,000 tickets

for free weekend rides. the tickets are randomly given out at stations. may the odds be with you. >> yeah. it's better than playing the lottery. coming up, your complete tuesday forecast with kari hall. >> yeah, it looks good out there. as you step out the door, a light jacket, clear skies in the south bay. evergreen will pass a few clouds by 8:00 and temperatures mid-70s. more on the microclimate forecast coming up next. a live look at the bay bridge to the east bay. everything is fine. clear here. we are tracking the traffic alert out of san francisco. developments for the deadly crash.

food. water. internet. we need it to live. but what we don't need are surprises, like extra monthly fees. i see you, fee, played by legendary actress anjelica huston. you got me, mark. we just want fast internet for one, simple rate. for all the streaming and the shopping and the newsing, but most of all... for the this. internet for one everyday simple price and no extra monthly fees.

live right now at the bay bridge, isn't it nice that that is back? nice and lovely on this tuesday morning. thanks so much for joining us today. >> we want to get a quick look at what's going on with weather and traffic. >> starts nice and cool. you might need a jacket as you head out the door, then it will warm up nicely. look how cool it is in morgan hill. right now, 51 degrees. 55 in livermore. fairfield now at 59 degrees. it is going to be breezy, again today. looking at these wind speeds at noon today, from the northwest at 10 or 15 miles an hour in

some spots, in san francisco. as we look at the seven day forecast at the bottom of the screen, we'll have a chance of rain tomorrow. this is out ahead of rain that could be moving in. look at these wind speeds later on today, up to 23 miles an hour sustained winds so there could be gusts and most likely going to be a bad hair day. we are going to see those temperatures reaching into the mid-70s, which is cooler than where we should be for this time of year and 81 degrees in concord. 78 degrees in livermore and 78 in napa today. as you look out the window, getting dressed this morning, be sure you have something to keep you warm and something that will keep you nice and comfortable later on today once those temperatures heat up. good day for the heels. as we look at what's happening for front ends and family on the east coast, looking at hurricane jose still holding on to hurricane status, even though the storm is stretched out, we

are seeing a lot of convection on the north side of the storm and shows signs it could be weakening as we go into the next couple days and moves over cooler water. we do still have those tropical storm warnings in effect for cape cod as a tropical storm churns up the waters and brings in showers in that direction. we are looking at a slight chance of rain in the forecast over the next couple days. as it moves in, we will have rain especially for the north bay but could move into san francisco with the high temperatures reaching up to 65 degrees. looking at a warmer weekend ahead and also to start out next week, fall officially begins friday. as we head over to mike, an update on what's happening in san francisco. >> we have this video that came into the news room, presumably this car involved in fire crews. this is a reason why they had flares out. these folks were trying to get on to the lower bridge.

let's get to the map. the investigation was just completed over the last few minutes. somebody was walking around in the area. not exactly sure why but all lanes cleared of the crash investigation after someone was hit and killed near the 4th street onramp to eastbound 80. getting on to the lower deck should be smoother. the loss of anyone's life is a concern to us all. oakland and the east bay, the commute direction fine in toward san francisco. no delays from the north bay. zooming out around the bay, we had this area bob was talking about, northbound 680. that's horrible but the morning southbound commute through pleasanton easy right now. no delays for transit. everything is moving well. back to you. >> thanks, mike. 4:48. there's a new surveillance video into our news room of the deadly new york city crash. covering the story breaking news

as it happened this time yesterday. now, we are seeing the moment that tour bus crashed into the city bus in queens. the person walking on the sidewalk died, so did the driver of the bus and a passenger on the city bus. more than a dozen others were hurt. san francisco leaders will vote on a plan to make rental cars more vulnerable. they are considering two proposals, call rental car companies to remove bar code stickers and obvious advertising. the other measure requires them to educate tourists on taking valuables with them. car break ins are prevalent in tourist hot spots. today, we are expecting to get a better understanding of how many cases of hiv infections are being recorded in san francisco. a new report will be released this afternoon by getting to zero program. that's the program by the united nations to end new hiv

infections. san francisco offered the program in 2015 and hopes to be the first major city to achieve the goal. the number of new hiv cases in san francisco has been declining for more than a decade. just last week, public health officials reported there were 223 new infections reported in the city in 2016. that's down slightly from the year before. overnight, we searched through san francisco department of public health data and found a better perspective for you. 104 cases have been reported. that's a stark contrast to 2006 when there were 530 new infections. last year, there were 16,000 people living with hiv in san francisco. about 90% of them were men and more than half were white. 4:50 right now. california attorney general is in washington, d.c. this morning pushing legislation to stop sex

traffickers. tech heavy hitters are not backing. he will speak at a hearing on legislation called stop enabling sex traffickers act of 2017. if it passes, it would hold pbszs like backpage.com liable for holding sex trafficking ads. they report facebook, google, amazon oppose that bill claiming it would open websites to lauts. governor jerry brown continues his fight on climate change. brown is expected to speak at the university climate conference today, a two-daye vent hosted by former secretary of state, john kerry. leonardo d leonardo dicaprio will be there. a housing project in the making for decades. the board of supervisors would consider that 43-unit housing

development. they are invited to give their input as they certify the project impact report. we hear about the eirs all the time. the project dates back to 1975, but faced several lawsuits trying to stop it. coming up nbc bay area responds. he sold a lemon of a car and gets a replacement that is newer, but doesn't have the same upgrades. i'm chris. nbc bay area responds, next. first, happening now, japan is preparing for more north korean missile tests. the country moves a defense system to the northern island. they test fired a missile that landed in the pacific off the east coast. a humanitarian issue that's gaining attention. the united nations says 421,000

people have fled from myanmar to bangladesh with the crackdown on terrorism.

and i'm an arborist with i'pg&e in the sierras. the drought in california has killed trees on a massive scale. any of those trees that fail into power lines could cause a wildfire or a power outage. public safety is the main goal of our program. that's why we're out removing these hundreds of thousands of hazard trees. having tools and technology gives us a huge edge to identify hazard trees.

my hope is that the work we're performing allows that these forests can be sustained and enjoyed by the community in the future. together, we're building a better california. to a san jose man who had serious problems with a brand new jeep. 4:55. nbc bay area responds. a san jose man who had serious problems with a brand-new jeep. >> the dealer replaced this. consumer investigator chris is here with the rest of that story. >> thomas bought a new jeep in 2015. but, he says within days the check engine light came on. long story short, he says the jeep was in and out of service several times for several months. jeep finally offered to replace the vehicle with a new one. but they couldn't find a 2015,

so they gave him a 2016 instead. that's great news, but thomas had one request. he paid for upgrades like a towing kit. he wanted jeep to either install those on the new jeep or just reimburse him for it. well, he did not get that. it never happened. he finally turned to us for help. we contacted jeep and they agreed to reimburse $2700, the amount he paid for the upgrades as well as rental cars he needed while the first jeep was in for service. fiat jeep says they took extraordinary steps to bring this matter to an amicable solution. if you have a consumer complaint call us 888-996-tips or log on to www.nbcbayarea.com/respond. an update on valero's

efforts to buy a martinez petroleum. they are going to give up on the plan. they are dropping the bid to buy a terminal rather than wage a long court battle over it. the california attorney general sued to block that transaction saying the purchase would have put all three northern california petroleum shipping hubs in the hands of refineries. coming up, we have a look at what's going on with the weather. >> looks good today. cool to start. oakland starts with temperatures in the 50s, heading to the 70s with breezy winds and sunshine. we'll look at the high temperatures and an update on hurricane maria. that's coming up next. you are looking at the bay bridge. that deadly crash investigation has cleared some lanes getting out of san francisco. all lanes open to the lower deck. we are going to talk about the wider look, coming up. good morning. i have a question for you.

who wants an affordable place to live? okay, i got your attention. now, find out about a housing deal that could put more cash in your wallet. that, coming up. good tuesday morning.

ad lib live picture-- san francisco good tuesday morning. let's look at our window over san francisco. looking lovely to start this morning. it is going to be a comfortable day. i peeked at kari's forecast. thanks so much for joining us. i'm kris sanchez in for laura

garcia-cannon. >> i'm marcus washington. we want to get a look at what's going on with traffic right now. >> we had a deadly crash investigation in san francisco. let's take you to the maps. we are talking out of the city on to the lower deck of the bay bridge. a pedestrian was hit and killed on the roadway there, but that did clear some lanes. however, the warning is they put flairs out to close lanes out. the flairs may take a while to burn out. keep that in mind as you travel over the exit and continue to the skyway. westbound 80 getting into the city fine. all the routes throughout the city moving well. just that little bit of slowing out of the altamont pass. kari, what do you have for us today? >> another pleasant day as we go into the afternoon. mostly clear skies with breezy winds. here is a look at high temperatures today. heading up to 69 degrees in san