a grass fire burns out of control alongside a freeway at the height of tonight's commute. good evening i'm julie haener. >> and i'm frank somerville. take a look at the high temperature, no triple digits but plenty of 90s. while many people welcomed the change, the heat brings problems. we're going to start our team coverage outdoors with ktvu's

amber lee who's live in contra costa county with the fire danger, amber. >> reporter: frank this evening's fire blackened 60 acres. dry vegetation fueled this fire but the fire department came to the rescue. this fire broke out on or about highway 4 close to the san marco exit in the midst of rush hour. it took 85 firefighters from contra costa county and calfire to knock out the flames. >> smack smoke from all over the hill, so -- black home from

smoke from all over the hill. >> reporter: firefighters say the return of warm temperatures will keep them on high alert and that this fire is a reminder that hot weather goes hand in hand with higher temperatures. >> the grass burned very quickly. luckily today we didn't have a lot of wind on this fire. >> reporter: fire crews set a backfire to burn dry vegetation to mitigate the fire spreading. investigators are still trying to determine the cause of the fire. but they say it appears accidental and that a vehicle may have sparked the fire. amber lee, ktvu channel two news. we tern now to bill martin tracking temptures at this hour. >> reporter: things getting to

more of a normal pattern with temptures well love the average and certainly warmer than they have been. this summer we've this pesky pressure. this low pressure sets in, temperatures come up yesterday and today and they're coming up more tomorrow. tomorrow will be the hottest day probably of the year so far. right now outside, look at the temperatures, 77 in san rafael, fairfield, napa, santa rosa 77. these temperatures already near 80 degreesful it degrees. it is a going to be a hot day. it's a spare the air day. we'll see you in a few minutes. and the temperatures has declared a spare the air day.

the cool weather we've seen up until now fairly clean. but as temperatures rise, air quality can become dangerous. they want people to avoid unnecessary driving tomorrow. when the weather gets this hot a lot of people head to the water which led to one death along with a very close call. ken wayne is live in ocean beach in san francisco with that part of our team coverage. >> reporter: it was a very busy day for rescuers and park rankers as thousands of overheated bay area residents headed to the beach today. there was a clear sign of just how dangerous the water may be. rescuers say there was still in his scuba tanks, it is not clear what caused his death. the victim might have violated one of the most fundamental rules of going into the ocean by apparently going in alone. >> that's the first thing that popped into my mind.

going into the ocean by yourself is pretty dangerous. even when you have a partner. so my suggestion is to be on the safe side, i would go in the water with a partner just in case something like this happens. >> reporter: it appears the diver drowned, there's no sign of foul play. at ocean beach, there was a close call when a 14-year-old got in trouble. near by surfers brought him to safety. >> all of a sudden the guy starting screaming. the surfers they just run to the water and they saved his life. >> reporter: the boy was taken to the hospital and is expected to recover. the rescue comes as parking lots were parked with people looking for a place to cool off. >> basically the parks have

been inundated from about noon. >> it feels incredible, this is unbelievable. >> reporter: this couple knows the dangerous of going in the water too far. >> it's not like the water in santa cruz, we keep that for places like there. >> my son and nephew, i said guys you have to understand, you have to listen to momma. that was scary. >> reporter: we just got off the phone with the san mateo coroner's office. they have identified the victim of that scuba diving incident as mark christopher haley, 54 years old of pacifica. even veteran beachgoers should be areminded not to go in the water alone. the heat can cause problems for student athletes. see how high school coaches in the bay area are taking precautions, that story when our weather coverage continues in just a few minutes.

don't forget you can find the latest weather conditions any time at ktvu.com. just click the weather section. a state appeals court has upheld the murder conviction of margerie moller. molar was sentenced to 15 years to life for second degree murder. the appeals court agreed that moller participated in unsafe behavior. moller can appeal if she wishes to california supreme court. on this first day of classes at laney college, police say they arrested two men that had guns.

maureen naylor reports on today's arrests. >> this one was loaded when we retrieved this from his backpack. >> reporter: the loaded gun is one of two guns police confiscated. the other one not loaded is a tech five pistol. it had a three round magazine which was empty. it's the same gun used at the columbine shooting. >> we don't know if they are armed if they're looking for another student at the school. so we didn't know what was going on. why they would be armed at school. they are 21-year-old christian williams and 20-year- old reginald battle. officers say each had a concealed pistol in his backpack. police say battle is a known member of a street gang. >> once they were out of class

and away from other students they were detained. it was done fairly low key and without putting anyone else at jeopardy. news of the arrests was news to students. >> i don't feel safe but it's not going to stop me from coming to school. >> do your thing there, don't bring it there because people here are pursuing their education but they are upgrading their life. in less than three weeks, it's made more than 22 felony arrests and recovered eight hand beguns. maureen naylor. the inability of california lawmakers to pass a state budget is going to delay critical funding for california schools and counties.

the governor, california's comptroller and the state -- the reverend james far married 16 couples during the six months in 2008 when same- sex marriage was legal in california. the presbyterian church allows pastors to join couples as long as they done call it a marriage. stem cell research violates laws banning the destruction of human embryos. the decision is not expected to

have a mayor impact here in california. what you have in this situation is that you have the the ability to continue to do that but not in this order or any other state expect for california. that's what's so disastrous tpr- r the future. >> tourists called today's ruling deplorable. last year the federal government funded $128 million worth of human embryonic cell phone research. some christians did not approve of today's resulting. high school coaches take precaution as the temperatures rise. and cracking down on repeat drunk drivers, what new registration in sacramento

would do. the news continues in 90 degrees. 90 seconds. you know how they say, "like father like son?" well i was following in my dad's unhealthy footsteps. our weight was out of control before we decided to make a change. together my dad and i lost 400 pounds. we started exercising and eating better with lean protien like jennie-o turkey. and now when people say i take after my dad, i couldn't be more proud. anncr: be well... with all the great tasting ways to eat lighter. only from jennie-o.

there's a new twist tonight in the battle to determine whether some glass negatives are really those of ansel adams. ktvu's rita williams reports. it's the latest dispute over photographs. a lawsuit to try to stop the

sale of these prints from negatives, a fresno man says he bought for $45 in a garage sale a decade ago. he now says they were taken by famed photographer ansel adams. >> the purpose is to stop them, the narsigans from using ansels name from selling photographs. >> reporter: williams turner says his old friend ansel adams set up a trust 18 years ago to protect adams' reputation from schemes such a this one. >> he would be appalled and disgusted, i think he would be very hurt. >> reporter: they are disappointed with the filing of the lawsuit. that art and forensic experts should decide the dispute. quote it is our position that this lawsuit is without merit.

and designed to era st mr.narsigan. >> they shouldn't be scamming people. they are getting something that's not really professing it to be. that's not right. >> reporter: last month 87-year- old marion alton saw narcigians pictures and thought they looked like her uncle earl's photographs. she's pleased her talented uncle is getting some recognition. >> uncle earl brooks was a wonderful photographer. pwáu he wasn't ansel adams. >> reporter: nicoles has decided to include photographs by uncle earl brooks in a show featured in november. rita williams, ktvu news. jerry brown filed a $34

million lawsuit today against a woman who calls herself the tax lady. ronny doich advertises on national television offering to help people with their taxes. the suit accuses the the a sacramento county woman of swindle thousands of clients and offering little or no help in reducing their tax bills. an attorney for deutch refused to comment. police say a heavy set man robbed the exchange bank around 4:30 this afternoon. he had a buzz haircut and wore dark framed glasses. police aren't saying how much they got away with but are offering a $5,000 reward. the personal data of drivers who use fast track or some other method to pay tolls automatically in california

passed data. the bill now moves to the state senate. a bill that would stiffen stiffen penalties for repeat law offenders could be revoked for ten years if the driver is convicted of three or more dui offenses in the decade. the bill has already cleared the senate, there's no word on whether the governor will sign it. it's now official, tiger woods and his wife are divorced. the golfer's public imagine crashed following the infamous suv crash nine months ago. that's when revelations of numerous affairs began to surface. the divorce was announced today with court documents describing the marriage as irretrievably broken. woods and ilan nordegren married back in 2004, they have two young children. parenting duties will be

shared. today's warm weather and the hot weather expected tomorrow can be dangerous. especially for young athletes working out in the heat after school. we talked to some bay area coaches this afternoon to find out if they are taking precautions and ktvu's lloyd lacuesta is live in san jose today. >> reporter: a look to cool down is back. it wasn't the san jose fountains, but this improvised watering station was just as good. >> we had to drink plenty of water to keep us going. >> reporter: the head football coach took into account today's sun and ended practice an hour earlier than normal. players didn't have to ask permission to take a break.

>> if it gets to that point we call someone. >> no heat, no pain. >> reporter: the cross country team did three mile work outs with one minute breaks. but the coach told them to go easy on drinking water until the practice is over. >> if i drink a lot of water in between, if i drink it in between it kills me during the work out. >> reporter: long distance running is painful but hot temperatures can make it dangerous. here too the coach was watching his runners closely. >> i get their pulse, find out and see where they are at. if they are up extremely high i have them walk a lap or sit down one. depending where they are at. there are even precautions with the water polo team work out. >> reporter: we have to look for signs of exhaustion. they will tell us if they are having trouble and they need to rest. >> reporter: county health officials told us everyone should drink a will the of water and second base protection from the sun.

live in san somewhere se, lloyd lacuesta, channel 2 news. lots of water tomorrow, heat advisory in effect for the bay area. that means take it slow. it's going to be the hottest day of the year. most likely in many bay area locations. it's also a spare the air day tomorrow. so car pool if you can and beprepared for less than te psiable weather. look at the coast by 10:00 a.m., 67 degrees in ocean beach. and by 10:00 a.m. about 83 degrees in the inland bay valleys. over night lows are going to be in the low 60s. these are the forecast highs, you're looking at lots of 80s. i'll be back here with you long range forecast about 10:00. i'll see you then.

the first in the nation muslim colleges. zetuna college is starting off small for its freshman class of 15 students. one of the founders says the muslim community is growing. an incoming freshman says he's looking forward to learning from zatuna's well respected faculty. it was a bold attack. what happened in a san francisco park just before a dog was stabbed. >> we cannot be afraid and allow them to control how we live. cracking down on gangs. how it's becoming a model for oakland. woman: did you bring the camera phone? man: i did. do you wanna go first? i've been waiting for this all day. ok, this is from... aunt stacey.

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federal authorities say they expect to make an arrest this h week in the stabbing of a dog in san francisco. the attack happened last thursday afternoon when a woman walking her dog was approached

by a man who was walking her pit bull. when she asked the man if the dog was neuters he pulled out a knife and stabbed her dog four times. the city's walking community quickly launched into action. >> pet stores like my store immediately started farming through their data bases and customer logs looking for matches and the name or client information. >> a park police spokesman says the 33-year-old san francisco man has been identify as the suspect. the dog that was stabbed had its spleen removed but is expected to recover. >> 45-year-old lawrence dean ramos was taken into custody yesterday. he's also expected to have starting two other fires over the weekend. the fire at vacaville high school did minor damage to a portable classroom. investigators say someone broke a window then tossed something flammable into the building.

police say there were two fires on ramos property this weekend. tonight he is in the solano county jail facing charges. a 1950 law classified gays as sexual deviants and required the state to study the cure for sexuality. >> the state senate also approves a resolution asking president oe obama and congress to repeal a ban on same-sex marriages. the resolution says the act

discriminates against same-sex couples. and hp offered $1.6 billion for three par which officers high data solution. hp and dell have been looking to expand beyond personal computers. stocks finished lowered as worries about the economy rose. the bay area today lost one of its broadcasters. a calm and steady voice during tough times. >> there's another aftershock just rocked this building.

>> reporter: dave mcelhatton was genuinely a nice guy. he died in his home from complications of a stroke. a public memorial service will be held in san francisco but as of this point a date has not been set. coming up, three steps to curving gang violence. the bay area city about to launch a program that is felt elsewhere. someone stole the 600-pound piece of bronze, we'll explain. and a shooting in downtown oakland. details right after the break. [ man i was deciding what to do with my citi thankyou points when it happened... [ glass breaks ...again.

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so you know it's going to be hot tomorrow, how about downtown san jose? the it's going to be 88 degrees

at lunch time. that's hot. it's going to be 97 degrees in the afternoon. it is going to be very hot. downtown san jose because of all that concrete. a heat advisory in effect tomorrow for the bay area this has we are following a developing story out of oakland. this video just came into the ktvu newsroom of a shooting outside a t mobile store on broadway. not far from the downtown 12th street bart station. police say just before 9:30 this evening, the victim got into an argument with another man and was shot twice. the victim is a 26-year-old oakland man who is in surgery at this hour. the extent of his injuries has not been released. right now police are still questions witnesses at the scene. in oakland tomorrow, authorities are holding what's being called a crime summit. and they're pattern on a

similar crime summit that had a big impact on gang violence. >> reporter: the monterey county city of salinas is small but it has a crime problem much of it involving gangs. it got so bad, years ago salina gang violence was thought worse than other cities. >> we cannot be afraid and allow them to control how we live. we have to take back control. >> reporter: after a crime summit in salinas federal, state and local agencies combined sources for operation knock out. the results caught the attention of oakland and a crime summit will take place there tomorrow. >> we're trying to replicate so many ways what we did in salinas. the main promise we made was

we're here for the long term, we're gone to stick this out. >> the problem is the same. >> we bring local state and federal agencies together under one room. under the facilities we rent basically and to provide better coordinating. homeland security and its immigration and customs agency. >> our rule was to focus on the transnational criminal organizations. those bangs that origin nate overseas and basically bring their crime here to the united states. so almost a fast track where we arrest them, detain them,

prosecutor, convict them and sentence them. etch involved agrees, community involvement is great. however some -- >> it's important that people put that territorial difference aside. another situation to address at the summit will be what happens when resources start drying up. the staffing for the area wide gang task force here in montery county has dwindled from 14 to seven and gangs are certainly keeping tabs. >> they know when it's opportunities for them to be able to make more money. to make some move, they know it. they are not stupid. >> i think oakland knows what it's going they just need help to do it. they need more fie finance, more háe and more people.

>> reporter: with other agencies moving in like finding those resources won't take additional money just better use of it. salimas has already helped get that list started. robert handa, ktvu channel 2 news. a saratoga driver is facing one year in the county jail after pleading guilty to a felony hit and run that severely injured a competitive cyclist. on april 19, 2009, david shiro had jackson and fiancee. jackson suffered perm innocentable brain damage. she will plead guilty to hit and run and driving with a suspended license. the chief of the food and drug administration says there's no evidence that more farms are involved in the recall. officials say that with the

information they know have they do not expect the recall to grow. meanwhile, some local or begannic egg producers are seeing an increase in business. health officials say consumers should take precautions regardless. >> társ it's always a good idea to cook the egg thoroughly. and to eat them soon after you prepared them. don't leave them out on the table. >> reporter: some popular brands linked to the recall include right aid. the state senate approved a bill requiring stores to use a usual check out system. this will keep potential underaged drinkers from getting

their hands on alcohol. opponents argue the bill is unnecessary because the machines alert store employee to check of customers id. it broke apart tug can rush -- it broke apart during a busy commute. he's going to try to do what hasn't been done for decade. but up first, another legal round in the fight of high speed rail in california. [ male announcer when meg whitman arrived at ebay,

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what this droid does will change how you do web connections. this creates a mobile 3g hotspot, powerful enough to fuel multiple devices at will. putting you at the center of your own world wide web. introducing the new droid x. the next generation of does. two of the bay area's more fluent community have lost in

court. minlow park and arerton sued to deep the rail system out of their community. today a superior court judge ruled against them. the battle over pg & e smart meters is heating up now in santa cruz county. one supervisor said he received at least one call a day from people worrying about the meters. there have been a few problems but stresses the meters are reliability. a san francisco company agreed to pay $52 million to the victims of a deadly bridge collapse in minneapolis. 145 were injured when the bridge collapsed in the mississippi river in august of 2007. the lawsuit claims the firm urs corporation used warning signs

about a design flaw that led to the collapse. urs says it only did because it was worried -- sea world called the allegations unfounded and said it will fight them. in news of the world tonight, in the philippines a former police officer took a bus load of tourists from hong kong hostage in manila today demanding to get his job back. police commandos stormed the bus. inside they found a former police officer dead. he was found by a police sniper. in pakistan the disastrous

floodings caused more deaths today. a bus overturned in a heavy plain. 13 bodies were founded in and two dozen other people are missing. the united nations said flooding is outrunning the relief effort. 17million people are now hard hit by the flooding. and anne frank's tree has died. several saplings have been grown from the tree. one of which is grown at sonoma state university. up next, the bay area church where thieves made off with a large bell. this so long with a top weather lab. bill martin is back with a five day forecast.

there is a request tonight for bay area scrap metal dellers to be on the look out of a century old bell stolen from a catholic church. the massive old bell greeted parishioners. jana katsuyama has our report. >> reporter: the it's a new silence at the catholic church. >> it was just part of the church, now it's so strong. >> reporter: this imagine shows the bell. church staff say it was about 4 feet wide and 2 feet high with no markings. one of the staff says the priest noticedded it was gone last week. >> i went outside, the bell was

missing. so i called police. >> the staff member showed us these large bolts that were left behind. a piece of broken plywood was also left. it was on a plaza in plain view from the street, accessible only by shares or a wheelchair ramp. it also was priceless, dating back to 1909 when the original church was built. now the congregation is praying someone will help find that piece of history. time is important. police say there is a chance it might be destroyed. >> this bell was made of bronze, it's my understanding. that is one of our concerns that it was possibly taken and sold as scrap metal. >> today at the san francisco scrap metal shop, the manager said many notices come in about

stolen items. he says a 600-pound bronze bell will be easily recognized. police say in either case the thieves could be facing felony charges. reporting from san francisco, jana katsuyama. uc berkeley investigators are reporting a link because they are routinely exposed to pesticides. researchers say they found a relationship between exposure to pesticides and attention problems in children by the age of 5. a long distance swimmer hopes to become the next to

wear her dress. 44-year-old buckner chase says he was repeatedly stunned by jelly fish. and jelly fish venom is nasty. >> that venom is building up in your system. i was getting so unnerved because i was getting cold. i found out later that the the toxins and jelly fish are designed to slow your body down. a pleasantton woman made it half way before she gave up because of those jelly fish. buckner chase plans to try again tomorrow. tomorrow is going to be a hot one, most likely the hottest day of the season. certainly the hottest day of the summer as we head outside, we'll take a look at what is happening now. how do i know it will be hot? take a look at the curb temperature. # degrees. that tells you things are going to be pretty hot tomorrow.

the forecast tonight for mild evening, tomorrow's downright hot. and the the extended forecast, we go into a little bit of a cooling pattern. be careful, the rip sides along san francisco's ocean beach, this is about as bad as it gets. there's a bit of a south swell. not huge, but there's water moving. be careful as you head out. temp which ares in -t values in the mid-80s tomorrow. these people have been dealing with temperatures in the # zeros. the of course as you head east you get some cooling as well. we'll get 90s out around the bay. mid-90s. maybe 104 out there in oakley. spare the air day tomorrow, it was hot today, almost 103 degrees. bad air quality, there's a heat

advisory. what that is is the national weather service calling a spare the air day. be prepared to just move slowly. all of us, it's just one of those days, we have poor quality and temperatures like these. 10 # in 10-- 100 in vallejo, 101 in pleasantton. record heat is tough to get in august but we could see some records in some areas, we'll catch barefield. they want to stress the beach park, san francisco, some of those dangerous beaches. believe it or not.

you have an urban area like san francisco, much cooler as we head toward the end of the week pause you awe on the five dayful. well, while many in the bay area welcome this sunny day weather. some reporters said they were ready for the high temperatures. >> you don't want to see this hot weather, we have prepty of water and stuff like that. that's life. this was the hottest day of the year for these workers. one man said he prefers the heat to the rain and winter when he within the work at all. dover forarnold schwarzenegger will decide if tv commercials designed to make colorado look good pup made in california. it would only apply though to

taxpayer funded productions. the the campaign was sponsored by the milk board. north korea set up a twitt e account under a similar name that means our nation. the accounts have been used thus far to praise north korea. the most expensive public school is about the to open in california. find out just how much it cost. [ male announcer subway fiery footlong subs. the bold-acious new turkey jalapeño melt and buffalo chicken. subway. eat bold!

got the mirrors all adjusted? you can see everything ok? just stay off the freeways, all right? i don't want you going out on those yet. and leave your phone in your purse, i don't want you texting. >> daddy... ok! ok, here you go. be careful. >> thanks dad. >> and call me--but not while you're driving. we knew this day was coming. that's why we bought a subaru.

okay take a look at this. this is the most expensive public school in the united states. it cost almost $6 million to build the robert f. kennedy community school. the school set to open next month and serve adds the campus for a total of 4,200 children kindergarten to eighth grade.

>> looks like a huge school. mark ibanez joins us now with news of the giants who did better. >> a little better than the bunk. giants put on 17 hits, 11 runs. red batters and mr. mom out in the bleachers trying to get it together. get that pacifier in there. woof -- watch the game would you. just missed there. gets the scoring started in the first, the big two run double and that's the the way it was all night for the giants. just hitting the baseball all over the yard. another example, freddy sanchez coming around maybe with the bat. and missing the double down the right field line. the giants come out of the first with a 5-0 lead for cane

and adding to it, torrez. going dead center field. over and out his 13th homer, matt cane aiding the work. retired the final sports team. that got it together. all through the offensive explosion and the giants. and lonely houston coming from behind to beat philly, it was carlos lee with a big two run single to win it for the astros. giants one game back of philadelphia in the wild card race. most of the talk leading up to yesterday's national 49er game focused on who else, brett favre. eventually fans not the only ones tired about hearing more about the on again, off again court arrest. and the team made sure that the

40-year-old quarterback felt every bit of his appearance. >> they've been joking ant it since last year when he went down the field, he brought me and knocked me down. so i was ready to get after him today and it felt good. it's football. that's how defense, to us we go out and we're not just approaching. it's preseason, we're getting out to get better. it was a day that coach called and he called and we weren't ready. >> when he played for the raiders, he was not worth the painer his checks were written on. walker who's one probowlen season came in 2004 when favre was throwing his away. you may remember, 16 million in guarantees money at the 2007 season. he was a complete wash out in oakland. that's the porting life for a monday nigh. giants big time win, the a's

were off -z. >> i >> i think that binkie helped. >> we can relate to that. >> that's our report for now. i'm julie haener. >> and i'm frank somerville. have a good night everyone. >> good night.