company stays is still making repairs but expect to finish up between 7 and 8 tonight. now, once these holes here in the street have finally been patched up, pg&e says they will then reheight the pilot lights in the six homes that prim paktd. live in san bruno, traci grant, nbc bay area news. >> anxious moments there. thanks very much, tracy. go to nbcbayarea.com for the very latest on this story, just search gas leak. part of the 1% paying less than 15% has many of the 99% feeling left out. the release of mitt romney's tax returns show the republican presidential hopeful paid $3 million in taxes on more than $21 million of income. that's less than 14% and less than what many middle class americans pay right now. a tax expert says romney has done nothing wrong, simply benefiting from the current tax structure and that is bringing the current tax structure under scrutiny. nbc bay area's jodi hernandez is joining us from berkeley politically speaking, this is a lightning rod topic. how much will president obama be discussing this tonight? >> reporter: the folks here at the school of business at uc berkeley fully expect the president to capitalize on mitt romney's tax return disclosure. many believe america's tax code is indeed broken and the president may now have the weapon he needs to drive that point home. berkeley tax preparer henry amato is gearing up for his busy season. >> this is the few days of rest that i will have until may. >> reporter: and amato expects to get an earful from his clients this year, especially on the heels of gop presidential candidate mitt romney's release of his own tax returns. >> i pay all the taxes that are legally required and not a dollar more. >> reporter: turns out romney pays a $14% rate on his $21 million earnings in 2010, far below the rate most americans pay. >> i think everyone feels like it's broken. romney's tax return was over 500 payments long. >> reporter: uc berkeley business professors say romney's returns will be an eye opener for the american public. >> he had a lot of his income derived from investments. and investments are taxed at a lower rate, taxed at 15%, whereas income from wage earns people like us is taxed at a higher rate you at 35%. >> president obama is expected to use romney as an example and pushed for tax reform when he address the nation tonight. >> the tax code. >> reporter: amato believe there is are far too many tax loopholes for america's elite, while his clients are left to shoulder perhaps more than their fair share. >> they are going to say it's anot right, they are going to say why should a person basically with $26 million of earnings pay a 14% tax rate? >> reporter: again, tax experts agree that romney has done nothing illegal, however they believe his case will lead to a healthy debate on tax reform. at uc berkeley, i'm jodi hernandez, nbc bay area news. >> okay, jodi, thank you. a local connection now to the state of the union tonight. two notable bay area residents have been invited. they will be sitting right beside first lady michelle obama, philanthropist lorraine powell jobs, the wife of the late steve jobs and mike creek, the co-founder of san francisco's insta graham, whiri the white house describes as the nation's fastest growing social mobile startup the contributions and work of both will likely figure into the president's address tonight. bringing you the state of the union live here on nbc bay area beginning at 6:00. less than an hour from now, right after nightly news with brian williams, which begins at 5:30. you can also watch our coverage of the state of the union live online at nbcbayarea.com. in other news tonight, redwood city police are investigating a possible sexual assault by a student at a high school parking garage. it happened last night in the underground parking garage at summit high school. police say the summit you 19-year-old student david velasquez approached a 29-year-old woman with a knife and forced her toward her car. as they struggled, a witness walked by and yelled at the man who then took off. anyone with information is asked to call the redwood city police department. a southern california man is in jail tonight, accused in a sexual attack on a teenaged tourist near fisherman's wharf. it happened outside of a business building on north point street, a few blocks from the wharf. police driving by the area about 4 a.m. noticed activity in the bushes and interrupted the sexual assault. she was reported missing just a couple hours earlier when she voluntarily left her tour group, which was visiting from a foreign country. both the girl and the suspect were taken to the hospital for treatment. the suspect is an 18-year-old man from southern california. his name is christopher dutel. cold and flu season has arrived with a bang. viruses are forcing people all over the bay area to call in sick. nbc bay area's marianne favro is live at kaiser hospital with more tonight. marianne is this the flu? >> reporter: no it is not. i spoke with an infectious disease specialist here at kaiser and he says we are at the very beginning of flu season and he has not seen many cases at all, but it is other viruses that are making people feel horrible. coughing, sneezing, fever, nasty symptoms sending people in the bay area to the doctor's office, instead of school or work. doctors say they are not seeing a spike in flu cases, so, what's making us sick? >> we have seen an increase in rsv the past few weeks and a substantial amount of rsv going around, probably hasn't hit its peak yet. >> reporter: rsv produces cold-like symptoms that hit kids hard, often causing them to be hospitalized. a spike in rsv also provides clues about what other viruses may soon infect us. >> most years, we see a peak in rsv activity and within a couple of weeks, see a second peak of influenza activity. rsv always comes first. >> reporter: at silicon valley pediatricians in los gatos, doctors say she has had to admit several children to the hospital for another respiratory illness. >> we have had some very sick children who have been wheezing as a result of these -- some of these viruses and so when they wheeze it is a process very similar to asthma. their airways are smaller. they can't get good breath. can't get their breath out. it leaves them prone to having pneumonia on top of that. that's what we are seeing. >> reporter: so, how do you protect yourself? doctors say use hand sanitizer frequently and be sure to get a flu vaccine. the best medicine is prevention. and it is not too late to get your flu vaccine but you need to get it now. it takes at least two weeks in order for you to get full protection. i did check around, i called a lot of pharmacist and drug stores and also i called a lot of doctors offices and they have plenty of vaccine in supply. reporting live in santa clara, mary app favreau, nbc bay area news. >> okay, marianne, thank you. they care for the elderly, the blind and the disabled in santa clara county, but dozens of ihss employees say they haven't been paid in months. ism pl-- employees of the in-ho services program gathered to meet with the board of supervisors this afternoon. board members agreed to look into reasons why many of the employees not receiving pay. now, just within the hour, we have heard there is an issue with the paycheck processing. the bottom line, the employees caring for individuals without pay and they need their money. >> people are getting screwed out of their paychecks for one reason or another. people aren't getting paid. for me, it is 39 this lady here, six months without a paycheck. sfll they are under heavy budget constraints? so am i, i can't pay my bills. >> the program allows resident wes special needs to remain safely in their homes. hundreds of people gathered outside the state capitol today to demand better wages for house keepers and nannies. the chant, yes we can, may have been in spanish but all he will hisity were present at the rally. many employers oppose it because it could increase their liability. another possible derailment for the high speed train project a state audit calls financing for the project extremely risky. this is the latest in a series of critical reports. the latest audit criticized the struck sure, funding oversight and says it was uncertain. the first phase has ballooned to $117 billion. in a written response, the rail authority dismissed claims that the project is financially risky as "purely speculative." clear skies for the upcoming america's cup. san francisco leaders hoping to overcome the latest challenge. on nbc bay area news, more possible rock slides in san francisco neighborhood. tonight, residents tell us what it was like when boulders came crashing down. with so much spy wear oare targeting your mobile device, we found a company that will let you know where the threats are. there is an an app for that i'm jeff ranieri in the nbc bay area weather center, tracking a few cloud thus afternoon, moving right across the north bay. as for tomorrow, we will start off cloudy in the south bay, temperatures in the 40s. overall tomorrow, plenty of numbers in the ws. nor my 7-day forecast and any possible rain in just a few minutes. two bay area tech heavyweights headed in different directions open their books. >> scott budman joins us, apple and yahoo!. for am, the numbers simply staggering, scott. >> a big night for tech earnings. start with the biggest, apple, a monster three months worth of sales. the cupertino company sold 37 million i phones and 15 million ipads the last quarter. that is a boffo holiday season. shares of apple stock rising sharply in after-hours trading. expect a toll open at an all-time high tomorrow morning. we also heard from yahoo!. as janelle said it is going in a different direction, revenue and profits still falling. yahoo! unable to excite investors. google says it will follow user activities across all flpl forms, e-mail, search and phones. we caught up with a bay area startup that is working to keep your phone safe one touch at a time. let's face it, your phone is your computer and so it's a target for spy wear and viruses. >> knows who you are, financial information, play is your corporate e-mail, knows where you are, the ability to track your location via gps. >> reporter: kevin mahaffey is here to help, his company, lookout mobile, has been making anti-virus software to protect android and iphones for several years. now, they are on the ball with something new, an app to tell you where the spy ware is lurking. each dot represents a mobile threat to your phone.ware is lurking. each dot represents a mobile threat to your phone. >> one of the keys to security is education, so you as a user can understand what the bad guys are doing, what the scams r. >> reporter: app is free to download it is for android phone users who have been hit hard by spyware as hackers have targeted android device. if you have an iphone, yes, lookout has an app for you, too. it warps you about unsafe wifi hotspots and downloads. >> only download apps onto your phone from trusted places from the android market, apple app store or app store provided by your carrier. >> reporter: a startup, growing along with the need for smartphone safety, one touch at a time. lookout seeing a lot of down loads on both iphone and androids for its app that will find your smartphone if you lose it. janelle? >> that could come in handy. scott, thanks so much. at this hour the san francisco board of supervisors is making a crucial decision about whether plans for host the america's cup sailing race can go forward. at issue, the environmental impact report submitted by organizers. the planning commission approved it but then the sierra club and some community groups appealed that decision, claiming air quality and you water pollution weren't adequately considered. the supervisors will decide whether the eir goes back to the drawing board. the race in 2013 will create jobs and bring in more than $1 billion tourist dollars and half a million spectators expected on peak days of the race. tonight, more fears of rock slides in a san francisco neighborhood, so much so some residents are being told it is not safe to sleep at home. three condo units have been deemed unsafe because the hill is still unstable. public works crews are saying it is still too risky to move some of the boulders much the section that collapsed is just below the coat tower near lombard street. >> a massive rumble i thought it was an earthquake coming down. once i saw what had happened, it was fine, but just kind of being broken up by that, kind of scary. >> earthquakes happen every now and then, but it rains every day, so that is scary. >> little unnerving. those who live on the lower floors of the condo complex have been evacuated while geologists try to come up with a a plan to clear the boulders safe >> hopefully the dry weather will help them security rock slides. check in with chief meteorologist jeff ranieri. >> drier days helping out with that cleanup in san francisco and a lot of our hill sides that had three to six inches of rain, 72 hours to continue to dry out. doppler radar scans around right now, we are finding dry conditions across the entire bay area and our current pattern does look dry here, at least over the next seven to ten days. but here is the frustrating thing. we do have rainfall out here, it is just off to the north, right now passing throughout washington and oregon, but no rain drops for us. right now, current numbers in the 50s, did pop up to 60s, parts of the east and the south bay, but right now you starting to cool off with some breaks in those clouds, 58, livermore, 55, san mateo, currently, 53 in san francisco w that ground still wet, we head to tomorrow, find some patchy areas of dense fog and throughout wednesday, be a little bit warmer for us, afternoon sunshine. and ahead, this deficit of three to six inches for our rainfall season looks to continue as we have been mentioning. now, this recent rainfall still has healthy allergy forecast, looking good here in the trees, grass and weeds category. june per and mold still spiking up, moderate to high levels as we continue throughout the next 24 to 36 hours. speaking of which the storm pattern is still not budging right now. we are having this ridge of high pressure pushing everything once again well up to our north so all of this clearing down here also has some warmer air associated with it, that will be bumping up our numbers a little bit warmer once again for tomorrow. as for tonight, it is getting cold out here, 39, napa, 39, santa rosa, 39, fairfield, 43, san jose, areas of patchy fog for the peninsula, coastline, also the low clouds that will make it right on over to livermore, an expected low of 40. as for tomorrow, on our wednesday, go with 66 in morgan hills, a little bit warmer there 64, san jose, 63, santa cruz, 64 los gatos, numbers bumping up three to five degrees, overall, the east bay, the same trend, 64, castor valley, 63, danville, 64, black hawk, up here toward walnut creek, 65. head over toward berkeley, also richmond, staying in the low 60s, napa and sonoma valley, mid-60s, up toward the coastline, 59, bodega bay, north of bodega bay, a small craft advisory you want to be cautious of if you are heading out into seas. the next three days, we will see that trend go up, mild and well above average by thursday, with 69 expected inland and low to middle 60s here for our bay side communities. any rain in the 7-day forecast, nope, not right now but take a look at next tuesday, we do have cloud cover increasing that is when we could possibly see that storm track move back down here across the bay area. no rain for us just yet but may once again siewert changes at some point as we head into next week, guys. >> okay, thank you, jeff. >> no problem. coming up, a rare glimpse into president kennedy's life just days before his death. what secret elead alreveut abo l the attoday reveal about the late president. e thousands waited in line for hours today to pay their respects to legendary penn state coach joe pattern know. today was the first of two public views of his closed casket. the 85-year-old died of lung cancer sunday. paterno's 46-year tenure as head coach ended amited a child sex abuse scandal with former coach jerry sandusky. one of the first people in lines of mike mcqueary, the men who allegedly witnessed one of the instances. family, friends and players came to pay their respects. >> lucky to work with him, be able to call him friend, a great impact on my life in so many ways and i have been quoted as saying this, next to my father, he was the guy. >> penn state will be holding a public memorial service on thursday. all 16,000 free seats were nabbed within minutes but today, two tickets were being sold on ebay for nearly $100,000. they were quickly pulled from the website. a rare glimpse into the final months of president kennedy's life, 45 hours of privately recorded meetings and phone calls have now been released. in the recordings, mr. kennedy discusses issues ranging from the conflict in vietnam, his re-election strategies and his children. it is hard to hear clearly, but in this clip, he introduces his kids to itself yet foreign affair minister. >> he recorded 250 hours of private conversations, final recording takes place just days before he was assassinated in november, 1963. the oscar noincltiuding biga including big nods to a bay area film. back in a moment. >> back a moment. [ male announcer ] get ready for some deli-style delic-ious-ity: the subway big hot pastrami melt. dive into piled-high pastrami, spicy mustard, pickles and melt-a-licious cheese. treat your taste buds to a fresh toasted subway big hot pastrami melt. subway. eat fresh. the oscar nominations are out and a movie shot in the bay area about the oakland a's got six of them. >> films selected for best picture nominees for 2011 are money ball, michael deluka, rachel horowitz and brad pitt, producers. >> money ball is one of the nominees for best picture of the year. the film also netted nominations for brad pitt for best actor and jonah hill for best supporting actor. the other nominees for best picture are warhorse, the artist, the deseine dents, the tree of life, midnight in paris, the help, hugo, and extremely loud and incredibly close. >> the artist is the silent film, correct? >> yes, it is. good films out there >> i have catching up to do >> so do i. one last note, 40 million reasons to be happy, tim lincecum agreeing to a new contract with the giants, worth about $40 million, two years. >> see cody roscoe. >> to the red sox. >> brian williams is next with nightly news. >> state of the union at 6:00. see you back here at 11:00. 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