year. >> the overnight construction, the accidents and all the other traffic information you need to know coming up in a bit. right now we have some breaking news just coming in. a building is on fire in the north side of alameda. you can see on this map kind of where it's located here. it's at bauena vista near bento. firefighters are trying to knock it down. we are getting information on the extent of the fire and what might be involved. as soon as we get new information, we will pass that along. it's 5:00 right now. today marks the one-year anniversary of the disappearance of a little 5-year-old east bay boy with cerebral palsy. volunteers are fighting to keep his case alive though many have little hope he is alive. christie smith is live in oakland with a volunteer who won't stop looking for hasani campbell. good morning. >> reporter: good morning to you.

hard to believe it was a year ago today that hasani campbell disappeared. his foster father told police then that the little boy was behind a shoe store here in the rockridge neighborhood of oakland but nobody has seen hasani. at 5:15 the very next morning, a woman named sherry line miller got in her car and started driving around looking for the little boy. she made thousands of flyers, t-shirts of the missing boy at her printing shop helping to conduct searches outside of the police department. she just opened a center for citizens for the family and are still keeping in contact with oakland police investigators. the foster father, lewis ross, has maintained hasani was in rockridge outside the shoe store where his then fiance was working. the pair was arrested but then released due to lack of evidence. since then, they have split and

moved away. >> we are hoping to find a search location. hoping to get the information neede needed to find him. >> reporter: she says she also helped print flyers in the sandra cantu case. and at that time she wondered afterwards why there wasn't a larger search going on for hasani. oakland police are saying there is nothing new, but the case is certainly open. the lead investigator is going to be talking about it a little bit later this morning down at the oakland police department. coming up in the next half hour, we will be talking about a number of events that miller has planned throughout the bay plus a meeting she has planned with the district attorney. christie smith, nbc bay area news. now w more about this case and the work to find thousands of missing and exploited children, melinda stevens joins us live from washington, d.c. she is the director of the missing children division of the national center for missing and exploited children. good morning.

thanks for joining us this morning. >> good morning. >> in this particular case, police think hasani may have been killed. others, as we reported, think he still could be alive and out there. how do agencies involved in the search handle a case like this? >> we handle all of these cases with the expectation that we're going to recover this child alive. we work with directing posters, using those posters for the general public to keep their eyes out in the constant search for hasani and all the other children reported to us. >> how important is it to keep a case like this in the public eye to make sure people don't forget? >> it's critical to the return of missing children. children who have been missing for several years are, in fact, recovered. it's the most critical thing we

can do. >> i guess it's important because you want people to be aware, people can kind of forget. this way they might see something that they might otherwise not report if they go, wait a minute, that case is still going on. >> absolutely. though we hate to see anniversaries for a child missing a year like hasani, nonetheless, this is an opportunity for all of us to recall that it has been a year but this search must continue for hasani. >> sometimes kids are missing several years before they're found. let's talk about how important it is in the first few minutes and hours when a child goes missing, the kinds of things that needs to be done so it doesn't become months and years. >> the first few hours are critical. we know that. research studies have shown that children who are abducted and murdered, of the ones who are murdered, slightly over 75% of those children are murdered

within the first three hours after being abducted. up to 88% in the first 24 hours. so, initial response for the safe recovery of a child is most critical. >> melinda stevens, thank you for joining us and showing perspective. folks have not forgotten hasani campbell and are out there looking for him today. >> thank you. a teenager is accused of killing a german tourist near union square. this is an update we broke to you on monday. san francisco police say 18-year-old phillip stewart shot and killed 50-year-old mechthild schroeer from germany late sunday night. she and her husband were walking to their hotel. the couple came to san francisco celebrating their anniversary. four other people were questioned but released. state workers may not have to take this friday off after all. last night an alameda county judge blocked the governor's executive order requiring state

workers to take three unpaid days off each month. a spokesman said governor schwarzenegger will appeal. new furloughs were expected to begin friday and they would be the second round ordered since last year. between february of 2009 and june of this year, state workers were fur loafed a total of 46 days. less than a week away from the first day of school for many kids. at the san jose elementary school torched by arsonists, the pressure is greater than ever. kris sanchez shows how the community is stepping up. >> reporter: the school year will start on schedule at trace elementary school, though in portable classrooms, even though the fire that devastated 85% of the school happened less than a month ago. the district has been hustling to make sure the school community is intact even if their buildings are not. teachers will move into the

portable classrooms this thursday. the kids show up next week. the community rallied behind this school, the heart of the neighborhood here. this week a woman who had no kids or grand kids at the school organized a community yard sale to help raise money for teachers who lost years in that fire. they raised about $5,000, and that will be matched dollar for dollar by the silicon community fund. in an average year, the teachers union estimates that teachers spend about $1,000 out of pocket on materials and supplies. this year is difficult because they are starting from scratch. some ways you can help, some local businesses posted signs. i saw one outside a book store in willow glen saying they will donate a portion of the proceeds of their sales to trace elementary school directly. some other businesses in the rose garden neighborhood have agreed to do the same. also, the silicon valley

community fund offered a matching grant, which means any money raised will be matched dollar for dollar. you can find a link on the san jose unified website about how to donate via pay pal if you don't want to write that check. coming up, we will check in with the superintendent on a status report on how things are going here at trace elementary school. kris sanchez, nbc bay area news. we have a warning for everybody about to hit the road this morning. do not text and drive and make sure you're hands-free if you talk and drive. there's a big cell phone crackdown under way. bob redell has more on what the chp willing doing today and how much it will cost you if you get caught. bob? >> reporter: good morning to you, brent. driving while distracted is one of the leading causes of accidents and one of the biggest distractions in the car, according to chp, this thing here. the cell phone. that's why today chp along with other law enforcement agencies throughout the state willing do

be this crackdown, enforcing a zero tolerance policy towards anyone caught driving while not hands-free. since the hands-free law went into effect, just over two years ago, cell phones contributed to more than 1200 accidents in california. 16 people were killed as a result. 850 injured. the only time, you know, you're allowed to legally hold the phone to your ear is if there's an emergency and you need to call 911. otherwise you need an ear piece, it can only cover one ear, can't cover both. they want you to have one ear available to listen for sounds while driving. any sort of texting is illegal. no one under 18 is allowed to use a cell phone while driving, period. almost a quarter million citations have been issued since this law went into effect. the fine for the first offense can easily exceed $100. reporting live in san jose, bob redell, nbc bay area news. >> such a reminder. it's so easy. you see so many people still

talking like they shouldn't. the chp will be watching for them today. >> want to check the morning commute, speaking of that. usually we see a lot of construction out there. >> we will start with an accident. interesting to see what this cell phone crackdown today will do to the commute. we'll keep an eye on that. this accident southbound 880 near auto mall, that is cleared up. just single car. solo spinout, facing the wrong way. possible tow truck getting that out of the way causing the mess. an earlier accident on 880, this is through oakland. northbound is where you see brake lights. things looking good through there. we will see how the cell phone crackdown will take effect. >> it's a hard habit to break. >> we may have a break in this cold weather we have been watching. >> yeah. we actually have a warm-up coming up in the seven-day forecast coming into the weekend. low clouds again this morning

around san jose and some mist for the morning commute. around san francisco and the coast, 50s to get your day started. for the afternoon today, like yesterday, some 80s popping up. 78 around san jose. 62 san francisco. there you see the trend as we get into the weekend, finally warming up heading towards saturday. >> thank you very much. we continue to follow breaking news this morning. we are telling you about a building still on fire at the north side of alameda at buena vista near benton, close to a pier. alameda county fire is on the scene. they say they are dumping water on the flames right now. we'll tell you more as soon as we can about that fire continuing to burn in alameda. ♪

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. new information on the livermore mother charged with having sex with two teenage boys. according to documents obtained by nbc bay area news, the abuse began in 2008 when christine hubbs woke up her 14-year-old daughter's sleeping boyfriend and began allegedly sexually assaulting him. within a year the mother of three had a second victim, a 14-year-old boy who allegedly had sex with her 15 times and also got money and expensive gifts from her. hubbs was charged yesterday, but she delayed entering a plea as

her defense attorney has to review a lot of evidence. >> i was given a significant amount of material this morning by the district attorney. and i'm going to review that carefully before i order any comment on the case at all. >> hubbs faces 67 felony counts including unlawful sexual intercourse with a minor and lewd acts on a child. it is 5:15 now. one of the inmates who escaped from an arizona prison is behind bars this morning. police arrested convicted killer, 42-year-old tracy province in a small town in wyoming. the search for inmate, 45-year-old john mccluskey and caslyn welch continues. u.s. marshals think they left yellowstone national park. crews working on bp's broken well in the gulf may have one more hurdle to overcome, that's the weather. the national hurricane center is watching a cluster of thunderstorms in the eastern part of the gulf.

forecasters say they could hit the disaster zone as early as friday, that's when bp hopes to complete drilling a relief well in order to continue to plug the damaged well for good. bp says it is keeping a very close eye on the weather and they'll adjusts they need to. it is primary day in colorado, connecticut, minnesota and georgia. sarah palin and mike huckabee brought georgia's race for governor to the national stage, each stumping for one of the gop candidates. in colorado two cliffhanger races could test anti-establishment sentiment as the democratic party picks michael bennett meets outside andrew romanoff. >> at some point is, you have to stand up to the leadership of your own party when you think they're doing something wrong. i'm doing that right now. >> the gop senate primary in connecticut may not be as close, but it is sure to be in the spotlight with wrestling executive linda mcmahon expected to pin down the gop nomination. three democrats who want to be minnesota's next governor will

be pressing hard in their states. a republican state legislator in the state's gop primary. virginia lawmakers are lashing out on plans to close the joint forces command center. they say it would eliminate 5,000 jobs in the area. defense secretary robert gates says he wants the closure to eliminate overspending and proposes slashing the pentagon's budget for military contractors. but virginia lawmakers say many of the contractors are modeling and simulation researchers and are critical to national security and global competitiveness. the pat tillman story is one that touches a special nerve in the bay area, now his story is being hold through the eyes of his family in a documentary that accuses the military of a high-level cover-up. last night an advanced screening of the film opened at the museum of modern art in new york city. tillman was a football star at leland high school before playing in the nfl. he walked away from millions to fight for his country in

afghanistan where he was killed by friendly fire. the film hits theaters august 20th. tim lincecum will take the mound against the cubs at at&t park tonight. last night, the giants had to put in overtime to put away the cubs. bottom of the 11th, bases loaded, no one out. pat burrell at the plate. look at this one. high and deep. is it far enough? it's a sac fly but it brings the winning run across the plate. the giants survive that one 4-3. it was jerry garcia night last night. garcia died 15 years ago, but band mates sang the national anthem and bill walton was hanging around a little bit as well. garcia's granddaughter got to throw out the ceremonial first pitch. a nice tribute to the grateful dead last night. coverage of tonight's game starts at 7:00. we'll have live reports, though, from at&t park starting during

our newscast at 6:00. the a's take on the mariners tonight. last night they fell victim to a rare triple play. we will show that to you here. bottom of the fourth. watch this. ball goes around. from third, over to second, on to first. that is three away. man. mariners pulling off the rare triple play and win 3-1 over the a's. the first mexican to play for the manchester soccer club has something else to brag about. he can score with his face. this is hernandez. he tried to kick the ball into the goal, but the ball, look at it there. took a detour off his face and into the goal. hernandez laughed it off and even pointed to his face when he was celebrating later with his teammates. how is this for a thrill-seeker? you need to see this video today. would you do it? cliff diving world series happening in italy over the

weekend. 11 divers competed and a russian diver won, he dove 86 1/2 feet. we were told he was moving about 56 miles per hour when he hit the water. >> you mess up, that's one heck of a belly flop. >> even if you don't. >> we have another reason to be bay area proud, dell lasalle high school is ranked 24th in football. >> well-known. great to see. >> we want to check in with felipe. he has a look at the morning commute. >> still overnight closures due to construction. a couple of accidents cleared up, but this is what is going on. northbound 101 at peninsula, off-ramp is closed there due to construction that will be reopened at 6:00 a.m. eastbound and westbound 580 at belham is closed until 6:00 a.m. because of construction on there as well. give yourself extra time.

as you can see, it's not effecting the traffic. you have the green arrows going through. looking outside, up and down 880, onorthbound are the brake lights. southbound are the headlights. giving you a look at the golden gate bridge, a little foggy, things are starting to warm back up. rob will tell you a bit about that later on. but as for now, the commute looks good. other than those construction closures. back to you. a gorilla gets her hands on a video game at a bay area zoo. we'll showou it howt got there. we'll tell you how zookeepers got it back. with so many to choose from it's hard to see the difference. but this is the way most dentists choose a toothbrush.

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welcome back. just after 5:24. we are once again waking up to low clouds in san jose. 56 degrees as we take you over to oakland. 59 degrees, west wind at 6. around the coast, low clouds and misty skies. air quality is fine as long as that sea breeze keeps going. notice on the satellite and radar, we have this weather system here dropping into the pacific northwest. that for now is preventing high

pressure from building too strongly across california. things will change as we get closer to the weekend. you know the story, we've been stuck in it. low clouds for the morning, really starting friday and saturday, high pressure strengthens, finally 80s and low 90s popping up. around the bay area today, pretty much in line to yesterday afternoon. upper 70s around san jose. 80s near los gatos and morgan hill. 60s still for san francisco over towards oakland. and 70s around petaluma for the afternoon. finally starting to warm up as we get into the start of the upcoming weekend. kids love video games, but apparently so do gorillas. a gorilla at the san francisco zoo got a chance to play a nintendo d.s. a little boy apparently dropped

it in there on friday. you see mom playing it stay away. there is something better than a d.s., it's an apple -- to the an apple computer, just an apple apple. zoo employees say they know this was an accident that the little boy dropped it in there, but they caution visitors to respect wildlife. >> they could accidentally swallow it, require surgery. it's best to keep all of that stuff out. >> zookeepers returned the ds to the little boy, and guess what? at still works, b, she did not set a new level record. 5:266 right now. ipod, iphone, ipad, ibike? see what has rumors swirling about a bike made by apple. flames destroy a classroom at a south bay school, now kids need a little help one week before classes get started. it's been oneince scein

hasani campbell's disappearance. live team coverage coming up.

it is back to school time, but it's going to be harder for some south bay students after fire damaged their school. we'll have a live report on how you can help coming up. one year ago today little hasani campbell was reported missing in oakland. i'm christie smith. coming up, where the case stands and what is happening today. >> good morning. thanks for joining us. i'm laura garcia-cannon.

>> i'm brent cannon. it's coming up on 5:30. rob has a chilly start to the tuesday but not chilly too much longer. chbl finally talking about warmer temperatures showing up in the forecast, though this morning a little cool outside. 59 degrees outside. low clouds to get your day started and some drizzle around san francisco and the coast. this afternoon a few more 80s popping up. heading towards the weekend, we may get close to 90. >> thanks, rob. parents, neighbors, strangers will hold a vigil for the return of 5-year-old east bay boy who has cerebral palsy. hasani campbell disappeared one year ago today. christie smith is live in oakland. you have new information on what the d.a. is doing in this case now. >> reporter: we are hold the district attorney will be meeting with a woman who has been volunteering in the search for hasani since the day after he disappeared, and also with an

alameda county supervisor. they want to know where the case stands one year later. they are looking for specific information, search information and any information that might lead to an arrest in the case. that woman we're talking about is sherry lynn miller. she owns an east bay print shop that is now doubling as the citizens for the lost, a search center. she said she arranged numerous searches for hasani campbell, in fact she said the day after hasani went missing, she jumped in her car around 5:15 in the morning and started searching on her own. she said a rally is planned before she meets with the district attorney right outside of his office this afternoon. she is trying to renew interest in hasani. >> we have a meeting with the district attorney at 3:00, and with that we're hoping to find out what is still needed, where we can search, you know, anything that we can do to help progress the case.

>> reporter: now, hasani's foster father, lewis ross maintains the boy was last seen inside a parked car here in rockridge behind a shoe store where his then fiance worked. ross was arrested and so was his then fiance but then released due to a lack of evidence. the couple has apparently since split and moved out of the bay area. in addition to a rally before that d.a.'s meeting, there will be a prayer vigil this evening at westminster presbyterian church in hayward. christie smith, nbc bay area news. >> thanks. earlier this morning we spoke with melinda stevens from washington, d.c. she is the director of the national center for missing and exploited children. of course she does recommend many things including how important it is to keep a case like this in the public's eye as they continue to search and investigate the case. sadly enough, another bay area family knows the reality of

losing a child all too well. you may remember paula cass taken from her home in 1993. she was at a slumber party with other girls, then put a man broke in and put a pillowcase over pauley. pauley's father mark klass joins us this morning. thank you for joining us. how do you tell parents to keep the faith? this case of hasani campbell, it has been a year now. police are calling it a homicide. yet the community is still rallying together, keeping the faith. how do you keep that alive, mark? >> if you're the parent of the child, you basically have to keep hope alive. if the core family doesn't keep hope alive, then it's very hard

to keep any attention on the case. the volunteers tend to disperse, other supporters walk away, law enforcement can step down the investigation. in hasani's case, though there is this core group of volunteers led by miss miller have done a terrific job keeping him in the public eye. >> when polly disappeared in 1995, it was the beginning days of the internet but her case was expanded because of the early days of it. it began the grassroots of what became the polly klass kids foundation. >> polly was the first child on the internet missing. her story really did grow beyond

the boundaries of the bay area to take up a lot of national interest. it was also the early days of cable tv. the only cable station that existed then was cnn. it got a lot of national attention and established templates that have been followed in every search for a missing child since. >> what advice do you have for -- polly's case, someone came into the house, just simply tragic, you know? yet year after year we continue to cover these horrible stories of where children are victimized. >> you know, the vast majority of children are not victimized like polly was. they estimate between 80% and 90% of children cthat are victimized are victimized by someone they know. all we have to do is look back at the religious scandals, boy

scout scandals, child abuse scandals over the years to understand there is much more danger or risk from within than from out. polly truly was an aberration. >> i know her memory remains alive with your work and dedication for helping others now. thank you, mark klass, for joining us. >> thank you very much. a recall to tell you about this morning. a million pounds of ground beef from valley beef company is coming off store shelves. the santa cruz county environmental health services says there is a possibility of e. coli contamination. the state department of health is warning people not to eat the ground beef products including frozen ground beef patties and bulk ground beef with the number eft8268. you look for the usda mark of inspection and that number is on the inside. it's 5:36 now. san jose elementary school burn the by arsonists will reopen in less than a week. but the teachers now really need

your help to get ready. kris sanchez is live in san jose with what they're doing to get ready and how the community is stepping up. good morning, kris. >> reporter: that devastating fire that burned about 50% of the school's classrooms happened less than a month ago. yet the school will open the doors on time, that is august 16th. i have with me this morning, the superintendent of san jose unified. it's a bit of a miracle you can transition the kids seamlessly and not delay classes at the start of the year considering what you lost here. >> that's correct. it is miraculous. i just believe that's in large part to the leadership of our school board. the community, the business community, the thousands of people who volunteered, both donations and their time. and the staff here at the san jose unified school district who made this miracle behind me happen. we will be opening on time, august 16th. >> that is the superintendent

telling you that, kids. better not be late. i think it was interesting for me to see what kind of upswell of support you got from the community. we have had lemonade sales, and this weekend a giant community garage sale to benefit the teachers directly. how hard has it been for you all to get back on track? what has that community support meant for you? >> any kind of disruption like this has been difficult. but the community pulled together to make sure. they have given a message that education is important, a hi high-quality education is important. they will make sure this school has all the supplies they need, that we will open on time and staying in the community, keeping trace together. the community has given a powerful message, be here, be on time, august 16th. >> august 16th is the day we're going back to school. of course this was deemed an arson fire by san jose police and arson investigators. the suspect who started the fire is still at large. there are two-ways you can help.

make a contribution, a donation or call in a tip if you know what happened here at trace. in san jose, kris sanchez, nbc bay area news. >> pc world says apple has applied for a patent for a bicycle concept. the magazine says it would allow bike riders to log and share information like speed, distance traveled, time and heart rated. there are several mini computers that already do that kind of thing but it's hard to tell what apple has planned just from the patent application. an interesting thing for a high-tech company. >> i don't know if i want people to know my heart rate on a bike. >> you know who is mr. marathon man is felipe. >> want to be. >> he's modest, too. he is keeping us abreast of the morning commute. a car fire. >> a car fire. this person may be riding their

bike soon. eastbound 92, this is over the san mateo bridge, a brush fire has started because of this car fire, an accident, fire crews on the scene putting out this brush fire. another shot of that, a live look at that. not too bad, just as everything else is around the bay area this morning, other than construction going on, but as for that, that's all to report for now. >> not bad. >> so, we have been getting used to this kind of chilly summer. now the heat is coming back. >> mid 80s seem hot. >> they do. >> bring out the short-shorts. >> smoking. >> it is still summer out there around the bay area, just hasn't felt like it until yesterday. we did get into the mid 80s in a few spots. 56 in san jose. we have low clouds, some fog that may slow the commute in spots around the golden gate bridge. the weather headlines, though,

this is where things will change up. you saw a sneak preview yesterday with some 80s topping up inland. heading towards friday and the weekend ahead, finally we could be seeing some near 90 degree temperatures inland. 79 san jose. 62 san francisco. 67 around oakland. low 70s across the north bay. seven-day forecast, starting to look more like summer. just in time for the start of the weekend. back to you. is this guy out of control or a working class hero? see the crazy things that happened on a jetblue flight and t qui cominghotui comingup.ut

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stunning new numbers on how much child care costs in california. they say it costs more than the average cost of in-state college tuition. kristen dahlgren is live this morning on details on what this means -- well, especially for people with triplets.

>> something tells me you know all about this. >> man, it hurts. >> no surprise to you guys and to a lot of parents that child care is expensive, but the new comparisons are astounding. more than in-state tuition. if you have two childs in child care, it's more than your mortgage payment. in california, the average cost of one year of infant care is $11,580. now, if it makes you feel better, you are not payest the highest cost in the country. that distinction goes to massachusetts where parents pay $18,773 on average per year. the lowest cost in the country, mississippi, $4,560. they say that the cost of child care has grown at two times the median income. a lot of parents feeling the pain right now. >> believe me. i have pain all over the place.

especially in my wallet. thanks. >> what are you doing this afternoon? can you come over and watch the kids? >> baby-sitting. i can make some money. crews working to kill bp's well in the gulf may have one more hurdle to overcome -- the weather. the national hurricane center is watching a cluster of thunderstorms in the eastern part of the gulf. forecasters say they could hit the disaster zone as early as friday, that's when bp hopes to complete drilling a relief well in order to continue to plug the damaged well for good. bp says it is keeping a very close eye on the weather and they'll adjusts they need to. today's wine country secret word, write them down, dry creek valley go to our website at nbcbayarea.com, search sonoma, then follow the directions to enter the contest. we have a new word every day. the more words you enter, the better your chances to win a prize package worth more than

$2,000. >> could be a cool getaway. a nice package. time is 5:45. you are watching nbc bay area news this morning. >> we want to check your traffic and weather for you in a few minutes, first family, friends and strangers will hold a prayer vigil today to mark one year since a 5-year-old east bay boy disappeared. christie smith is live in oakland this morning. what is planned for today? >> reporter: good morning to you. hasani campbell was reported missing behind that shoe store that you see there across the street. this afternoon there is a rally planned. it's being organized by a woman who never met the little boy. there ises a a planned meeting with the district attorney in alameda county. sherry lynn miller owns a print shop out of san leandro. and she searches for missing people. she distributed flyers, t-shirts, organized ground searches for the 5-year-old over this past year. today she says that she and a

county supervisor will meet with the d.a. to try to get direction on any new searches or if there's anything new that may lead to an arrest. there will be a rally before that meeting, she says, at 2:00 outside of the d.a.'s office. the foster father and his then fiancee were initially arrested but then released due to lack of evidence. oakland police say the case is still open but there is nothing new. the lead investigator will be discussing the case this morning a bit later down at police headquart headquarters. a prayer vigil is planned for this evening at westminster presbyterian church in hayward. reporting live in oakland, christie smith, nbc bay area news. a san jose neighborhood is coming together to try to help raise money for an elementary school that was damaged by fire. arsonists destroyed about 85% of trace elementary school early last month. we apologize for this. this is not the fire at the

school. over the weekend volunteers held a garage sale to benefit that school. they held it at nearby lincoln high school. organizers say they raised about $5,000 and then the silicon valley community fund raised it dollar for dollar. trace elementary school still plans to open, they will be ready for class, using some temporary buildings and things. they will be ready to go august 16th. >> commuters stuck in the slow lane will have a chance to pay for a faster trip in the east bay. the first express lane is about to roll out on interstate 680. it's a 14-mile stretch between highways 84 and 237. carpoolers are still free, however single drivers can now pay for access. the fee depends on the traffic. the expense lanes rules go into effect from 5:00 in the morning until 8:00 p.m. the price of a faster commute will start at 50 cents. however the alameda county congestion management agency has not named it a top price yet. the average will be $3 or $4. drivers we talked to say they're

not sure they'll use it. >> for the commuters, it's too much. $3 each day. maybe just once in a while. >> planners say time is money, and they expect drivers to pay. the express lane is scheduled to open october 20th. a warning for everybody about to hit the road this morning. do not text and drive and make sure that you're hands-free if you talk and drive. there's a big cell phone crackdown under way. bob redell has more on what the chp is doing and how much it will cost if you get caught. bob? >> reporter: good morning. if this is your m.o. while driving to and from work, sticking this phone up to your ear, you might want to reconsider. it's unsafe, according to chp it is certainly illegal. today you do have a better chance of getting caught because today chp along with other law enforcement agencies throughout the state, this is statewide, throughout california, will be

cracking down saying they have a zero tolerance for people not using hands-free devices while driving in the car. the fines range up for a first offense to over $100. they're responding to recent statistics showing this is one of the leading causes of accidents. we'll show you some of those numbers coming up. >> thanks, bob. first-time home buyers who don't have a fear of heights could get a sweet deal on their dream home. pa f. passed, qualified buyers would receive a loan of up to 20% of the home price and be charged just 3% interest, which they wouldn't have to pay back for 20 years. the idea is to spur economic development by helping people live, work and play in one place. that benefits local businesses and the city overall. in the first phase the funds go

to buyers at the 88 and the works. >> people will stay here. people won't have to move out of town and go to sacramento just because they can't afford to buy. >> we have more on nbcbayarea.com, just search homes. billionaire oracle ceo larry ellison is blasting hewlett-packard's decision to oust mark hurd. in an e-mail to the "new york times" he blasted hp's board for revealing a sexual harassment allegation against mark hurd even though it's own investigation determined the claim was unfounded. he called the move the worst personal decision since the idiots on the apple board fired steve jobs many years ago. this morning hp stock price will have to bounce back from an 8% drop yesterday. hp announced hurd's resignation

friday after that alleged sexual harassment investigation turned up irregularities in his expense account. now may be a good time for you to look into refinancing your mortgage if you can. mortgage rates are the lowest on record, down to 4.3 on a 30-year fixed. below 4 on a 15-year loan. it's the kind of rate many thought would encourage home shoppers to buy now, however homeowners may want to revisit refinancing even if the current rate is not much higher than the new one. >> 5 1/4 is worth looking at. if you're up in the high 5s, 6, 7, it's almost a no-brainer that you will save some money. >> remember, the lending rules are a lot tougher. primarily credit scores, which have gone from a minimum of 680 to 740 to qualify for the best rate. check your loan to value ratio also. now a story probably all your co-workers may be talking

about. it's about a flight attendant who ran out of patience on a plane that landed at jfk. he cursed over the p.a. system, grabbed a couple of beers and jumped into a car. steven slater got into an argument with a passenger. a female passenger stood up to get her things from an overhead compartment while the plane was still taxiing, according to sources. as he approached the woman to tell her to sit down, one of her bags hit him in the head, leaving a mark. slater asked for an analogy. instead the woman swore to him. he then got on the p.a. system and said to the expletive expletive, it's been a good 28 years. >> they come in all shapes and sizes. >> people can be abusive to airline attendants. i just feel bad for the guy. >> people say he just went

cuckoo. >> pulled the emergency chute. >> got a couple of beers. >> quite a way to quit. >> making a statement. >> going out. >> let's talk traffic. i told but this accident earlier, eastbound 92 causing some slowing, it started a fire, a jeep that caught fire. started a small grass fire. they're putting that out. a little bit of slowing westbound on 92. things moving across smoothly going across westbound coming at us. giving you a look at the 880, earlier accidents this morning, one approaching auto mall parkway in hayward, that's been cleared up. all the accidents that happened earlier on are cleared up. you are in your 60s making your way through oakland, northbound is where you see the brake lights. a look at golden gate bridge as well, which is looking smooth. sun is peeking its way out.

colors starting to change there. that's a look at traffic. let's look at weather. >> the sun kind of peeking out, maybe it will warm things up. >> eventually. a little cool to start but we're getting there. >> we will eventually be warming up each of the next couple of days heading into the weekend it will feel more like summer around the bay area. 50s across the board depending on where you are, you have drizzle in spots. 56 in san jose, overcast skies. that's a building top in downtown san francisco. we have 56 degrees, west wind at 7. misty skies. good sea breeze out there will keep the air quality just fine. we have a weather system passing by to the north that is putting a dent in the ridge of high pressure now. that will change, though, later on in the seven day forecast. 50s outside for the morning. lunch time, mid to upper 70s inland. starting to see a few more 80s out there. 60s still around san francisco and oakland. even though i think the east bay

around oakland and san francisco will warm up as we head towards the weekend, maybe even near 90 in the warmest places just in time for the start of the weekend. >> he won't be joining the family any time soon, but it seems levi johnson still wants to get into the palin family business. levy johnson is reportedly considering a run for mayor of wasilla, alaska. that's the same town where sarah palin was mayor from 1996 to 2002. elections are not until next year, so he has plenty of time to shop around a reality seriesseries called "loving levy, the road to mayor." sources say he missed the filing deadline. >> not a good start. political races are being held across the country today. they will put the president's political power to the test. and san francisco leaders

crack down on clubs after a tourist was killed. why the new rules may not have done much to stop the shooting that killed her. forget just having pencils and books, how about a roof over your head if you're a student. we'll tell you about the san jose students whose school was burnt to the ground. they'll try to get to class in a few days and how the community is pitching in.

a somber anniversary for a missing oakland boy. what people in the community are doing and how you can keep your kids safe. >> a live look at the bay bridge this morning. one of the many places where the hour patrol is on the prowl. we'll tell you what you might want to think twice about doing before you get behind the wheel.