as he gets there. fire crews are mopping up after a grass fire that quickly burned 50-acres late this afternoon. the three-alarm fire was reported 2:20 this afternoon near lake herman road, west of highway 680. an air tanker joined crews to get the fire out. 90 minutes ago. so far, there is no word on the cause. >> tired of waiting on the sidelines? san jose is going to hit a home run and bring the oakland athletics to town by suing major league baseball. ktvu's robert honda is live to tell us the city is highlighting recent problems at the coliseum to make his point. >> what has been a very emotional day here at san jose city hall. after a closed door session, the city council decided to go ahead with this lawsuit to get major league baseball from blocking the a's from moving to the south bay. san jose says it simply lost patience, but oakland and major league baseball feel the same way. >> san jose leaders got tired

of major league baseball dragging feet and make ago decision on whether the a's can move to the south bay, given the giants territorial rights. the city filed a lawsuit in federal court this morning. >> after ate waiting for more than four years for an answer, it is clear we are not going to get an answer. a's owner is listed as a supporter from 2010, but has said he is more focused on building a stadium than a lawsuit. >> i thought he deserved a courtesy of a head's up, and i did not ask his permission because we are looking out for the rights of the people of san jose. >> lawsuit attacks major leagues antitrust protection, which allows it to have a monopoly on baseball business. the attorney says that was given in the 1920s when baseball was considered small time entertainment. that is not the same thing today when you go pay $8 for a beer and $5 for a hot dog. today it is big business, big economics and an interstate commerce. >> san jose pointed out the sewage problem the team had

during the recent series with seattle. >> nothing sings, do you know the way to san jose, like backed up sewage. san jose can do better. >> oakland mayor disagrees. >> we have fights and i don't think san jose has a fight at this point. and so we are ready to go. >> but in response to city hall, major league baseball says it has acted in the best interest of the fans and called the lawsuit an unfounded attack with no bases in law or fact. live in san jose, robert honda, ktvu channel 2 news. >> this all comes two days after a major sewage spill. large crowds at this weekend's series overwelmed the plumbing on the lower level. forced the a's, seattle mariners. major league baseball said sunday's incident is a stark illustration that they need a long-term solution. the league called the overall situation in oakland complicated, but said it hopes

a resolution can be reached. >> the breaking news we have been following. we have just been told that tracks through the hayward bart station will be closed for another hour. that station is shut down because of a death on the tracks. police are still investigating and the coroner has been called to the scene. all we know is that it's a man in his 40s or 50s. right now, no trains are passing through the station and bart says you should expect major delays. so once again here, bart in hayward, not moving right now and it could be another hour before trains begin moving at the hayward bart station. >> san jose fire department is asked the veteran to take the job as the acting chief. deputy chief ruben torres will take over when willie leaves for his new job this summer. torres is the most senior active member of the san jose fire department. he has been there 27 years. in walnut creek, the police

department named its first chief today. the commander with the citrus heights police department. the 23 year veteran helped establish the department's juvenile unit. he replaces the chief who retired last month. he starts at a salary at just more than $188,000 a year. a restaurant that was the scene of a deadly shooting reopened today. they were forced to shoot and kill a man who pointed a gun at them at boulevard burger on castro boulevard burger. the man who was killed is quincy williams, a parolee with three convictions. two employees lunged at the gunman, possibly saving the lives of the deputies who responded. a gilroy man is guilty of second-degree murder in a drunk driving accident that killed a four-year-old boy. james francis lee was convicted yesterday in the death of jose diaz as his family waited for

roadside assistance in south san jose. the mercury news reports lee had two prior dui convictions. the accident happened in july of 2010. lee face as maximum of 21 years to life in prison. his sentencing is set for september 23. >> the walnut creek city council is set to start a new ordinance that could ban smoking in many places. some sidewalks and outdoor dines areas and public events. if approved, that ordinance would forbid smoking inside newly built apartments and in the common areas of apartments that are already built. tonight's council meeting is set to begin at 7:00. we are hearing tonight from the family of a six-year-old boy who was attacked and killed by a family dog at their union city home. about the family's grief and their disbelief. rob. >> well here on quiet elizabeth way, the dog was the family pet and they never

expected anything like what happened here yesterday. >> he is the one in the orange. >> this is six-year-old, nifi on his first day of kidergarden last fall. >> he's a great kid, just like my own kid. >> at 11:30 yesterday morning, he was in the backyard playing with his cousins and the family's two-year-old pit bull. >> there were adults present during the incident. and it sounds like they were engaged in some type of horseplay with the dog. certainly the boy that was bitten. we think he may have been trying to ride it. >> the dog bit the boy on top of his head and clamped down. his uncle is an officer with the san mateo police department. >> he heard commotion. he went downstairs and he saw that the dog had the child and then he just went to the dog immediately and took ahold of the dog at the jaw and the dog released. >> he died in the hospital a few hours later. this was the paper cap he wore recently at his kindergarten

graduation. >> we aren't doing good at all. it's a huge loss. >> apparently, a complete surprise. >> there doesn't appear to be a pattern of aggression with the dog. we have no prior calls for history on bites. >> he played with kids, he was never allowed in the house. we never had any problems with him at all. took him around with us. my kids loved him. >> the pit bull is currently in quarantine at the tricity animal shelter. there will be a hearing regarding the dog, but all indications are, it will have to be put down. reporting live in union city, ktvu channel 2 news. >> now back to that breaking news out of san francisco. that apartment fire on ellis street, ktvu's john has just arrived at the scene. john, what can you tell us? >> frank, we are at ellis and leavenworth. as you can see, there's a lot of fire equipment, including two ladder trucks. going to the top, which is at 519 ellis. that is a residential hotel and i just talked to the fire

incident commander here. he told me that apparently there was a barbecue on the roof. i tell you what, we can take a look at the video. we got that from news chopper 2 and it was going good. quite a few flames showing. the firefighters rushed over here, knowing there's a fire at this building. they didn't know if it was inside the building or on top. it was on top because that barbecue got out of control. possibly with the winds, the heavy winds have been blowing here in san francisco today. fortunately, nobody was hurt through all of this. including no firefighters injured in this, because they got here quickly. they put it out quickly. joining me now is anita. your family here. you are a resident in this hotel. tell me what this was like for you. >> it was horrible. we were sitting in our house. our kids were scared. all we saw was smoke. i looked out of the window and i saw smoke coming from the 7th floor. and we immediately got out of the house. >> you don't know anything

about this barbecue that was taking place? >> we didn't know anything about it. >> we were ready to go to sleep. >> real scary for you. everybody is okay? >> everybody is fine. everybody is safe. >> good. thank you so much. so, that is the good news. everybody is safe. it will take a while to figure out how this happened. there are arson investigators on the scene. one other note is that around the same time as this call came out, there was a call for a purifier at pier 39. there's confusion getting equipment here and there at the same time. finally, they did get enough people here and were able to get it out quickly. live in san francisco, i'm john, ktvu channel 2 news. >> the city of berkeley is the latest bay area city to consider setting a minimum wage higher than the state's $8 an hour. the subcommittee considered a plan to match san francisco's minimum wage. unlike san francisco, berkeley is considering some type of

exception for waiters and other workers who earn tips. the full commission will meet tomorrow night. any change is probably at least a year away. key portions of california's public records act, which allows people to get information from government organizations could be put on hold. an amendment and senate bill 71, one of budget measures passed last week would suspend deadlines on how quickly local governments have to a records request and no longer provide a reason for denying request for information. supporters of the records request law say it will be a disaster for the state in governor brown signs the measure. those in favor of the measure say limiting information requests will save the state money. facebook will launch a big new product on thursday and the rumor mill has some ideas about what it might be. tech crunch is guessing that facebook will unveil a video service to compete with the vine feature. the analyst says the social network site could be offering

an interface where users can look at content from other blogs and websites on facebook. today, east palo alto celebrated completion to a creek. flooding streets and homes. this was what it looked like when a levee failed after days of heavy rain. today, city engineers say the creek bank has been sured up with mesh, rock, and concrete and that the damaged section of woodland avenue has been resurfaced. up next will be repairs to the 100-year-old bridge over university avenue. >> prejudice in the housing market. what a ground breaking new study is giving some home seekers an edge. >> everyone deserves equal access to housing. >> after the break, making rules for driverless cars, from drinking alcohol to sleeping. who can be held responsible when no one is behind the wheel. >> plus, summer is approaching and so are summer temperatures. i'll lay out how much warmer it will get as the week goes on.

look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible.

new at 6:00, a landmark study finds same sex couples face significant dediscrimination when looking for housing. the department of housing and urban development set 7,000 e- mails on rental ads in 50 metro areas, including san francisco. they found couples who appear to be made up of two men or two women, got significantly fewer responses than couples that appear to be straight. >> these studies are important because often there is indeed to help strengthen the work that we are all doing. >> the study did not break out results for specific cities. 20 states including california have logged barring housing dediscrimination. >> oakland is spending millions of dollars to install l.e.d. street lights. their build is energy efficient and could make the streets

safer. ktvu's paul chambers found out today, not everyone is buying into this project, paul. >> that is right. the light behind me is one of the old ones. one of the new ones, a loot brighter, which will enhance the community safety. people we talk to say the lights alone aren't enough. >> in this area, there is a lot of crime. >> she lived in oakland her entire life. today when she heard the city spending $15 million on l. e.d. lights, she was upset. saying the money would be better spent on summer programs for kids. >> they don't have anything to do for the summer. what are they going to do besides fight and kill each other? >> renee knows firsthands about the violence in oakland. recently, she lost two nephews to gun violence, six months apart. >> i don't want to lose my kids. but it's hard. they don't have nothing to do. they don't have nothing to keep them occupied to keep them off the streets. >> today, city officials in oakland were on hand as crews began converting some of the

city's 30,000 old street lights for the newer l.e.d. fixtures, which is said to be brighter, enhancing public safety and helping to reduce crime. >> in places in oakland, that there is insufficient street lighting. in other places where there is street lighting, it isn't bright enough. these lights will change that. >> this store owner supports better lighting. in fact, seven years ago. >> the light over there by the door. >> he added these lights. but he says the lights alone won't stop the violence. >> we need more in the city. that's what we need. >> the city says in the long run, lights will pay for themselves. there's $3 million rebate from pg&e. the city plans to have all 30,000 lights installed by the end of the year, city wide. live in oakland, ktvu channel 2 news. a naked acrobat who caused a problem pled not guilty

today. 24-year-old, perez was arrested after police say he harassed passengers and bart workers at the 16th street station last month. friends say an apparent medical condition led to angry outbursts. he faces deportation. his next court day is july 18. the prosecution in the murder trial called its first witness today. his former parole officer. he told the court about a list he found and he thought it was a list of his victims. he is acting as his own attorney and the judge admonished him about his courtroom behavior. people in sunny vail tell us they fear a beloved neighbor was the person found dead inside a burning home this morning. crews say the fire started just after 6:00 this morning in a home on central avenue near lincoln. a neighbor with a cell phone got these pictures of heavy flames and smoke coming from the house. firefighters say they found the victim's body in the kitchen.

the victim has not yet been identified, but neighbors tell us a woman in her mid 50s lived alone in the house where she held a weekly prayer group. arson investigators are trying to determine what caused that fire. there's been a lot of buzz about cars that drive themselves. today, the dmv got involved. this was the first in a series of meetings on what to do about what the auto industry calls vehicles. representatives from the car makers, the insurance industry, and public all took part in sacramento hearings, such as this one, help determine safety standards, and who is liable in an accident. >> we want to ensure that these vehicles comply with the appropriate regulations that need to be in place. >> the dmv says the regulations for self-driving cars should be ready by the year 2015. we have a quick clarification here on the situation at the hayward bart station. as we have been reporting, someone was run over and killed by a train there this afternoon. right now, the hayward station

is closed, but trains are running in both directions. they are just not stopping at the hayward station. if you need to get to the hayward station, you can get off at one of the nearby stations and take a bus. to clarify, the hayward station at the moment is closed, but trains are running in both directions. they are just not stopping at the hayward station. >> as i said, temperatures today bottomed out. as cool as it will be all week with numbers mostly in the 60s and 70s and the current numbers reflect that. these are the numbers right now, fairfield 70 degrees. so, that's down a good 10, 15 degrees from what you might expect to see this time of year. this time of day. so, coolest day of the week right now. tomorrow, temperatures climb out a little bit. but it's still going to be on the mild side. this low pressure center to the north will bring rain and snow to the southwest. but this is enough to trigger our cooling. so that low stays around a little bit tomorrow and so temperatures will warm

slightly. but as long as that low is close, we can expect breeze and temperatures tomorrow, mostly in the 70s. upper 70s, might be a couple low 80s out there. so here's how that breaks down. it was blowing pretty good. 28-mile an hour winds. i got a 30-mile an hour wind. those are ushering in that cool air. you know it was windy. humidity is high. temperatures are low and that helped firefighters get a quick handle on that brush fire as we told you about in the 5:00 broadcast. microclimates, mid 60s. upper 60s toward louisiana fayette. low 70s as you head out. santa clara valley, mid 70s. and start seeing the upper 70s as to the far edges. upper 70s and low 80s. so temperature warmup, but not a major heatup. this low moves out, the high moves in. and temperatures go up. today it was cool to mild as we

head into wednesday and into the weekend, they start to warm. not hot, just warmer. friday, saturday, those are the warmest day of the week with temperatures in the 90s. 77 in napa tomorrow. 76 in fairfield. 79 out in brentwood. that's one of the warm spots. 77 in morgan hill. as you get into the coastal sections, maybe some sun, but upper 50s. might be low 80 somewhere. thursday, first day beginning of summer. 85. it peeks out on friday at 89 and saturday, see temperatures drop off a little bit. none of this is extreme. none is drastic. really nice weather. forecast highs then, warming up as we head toward your bay area weekend. fire danger will be back on the radar as we get into thursday afternoon into friday. >> looks like it will start heating up. thanks, bill. >> coming up at 7:00 on tv 36, the subject of a massive recall over heightened concerns the gas tanks can explode.

>> chrysler issues a recall of 1.5 million jeeps today. why this fell short of federal recommendations and what jeep owners are saying. >> we hope you join us at 7:00 on tv 36. a stadium and more. the move today that could bring a big neighbor right next to the new 49ers stadium in santa clara.

bay area real estate magnet asked today, he is make wag he called a quote, significant donation to help bring the international swimming hall of fame to santa clara. he didn't say how much that will be. the speaker made the announcement at 49er head quarters. the new hall of fame could be located next door. speaker was a competitive swimmer and helped fund the center at ucla. >> news of a big series for the a's that is in progress in texas. >> they would like to increase their lead. that would be the rangers who got game one. the oakland a's, particularly when you consider they tough one of the toughest right handers. brandon likes what he sees. it's a laser to the lower seats in right field. solo homer, 1-0. the first

hitting continues as josh just stole second base on the previous pitch. eric takes him to the plate. safely done. they build it to 3-0. now in the 4th inning, texas cut the lead to 3-2. all right, this is a big week up in sanoma. the save mart 350 on the 25th anniversary of nascar coming to california. three cars on that track. 25 years ago, and driven by rusty wallace, and the late neil. they were there today where the cars, rickie rudd is the winner of that race 25 years ago. they used to call it the banquet frozen foods 300. today's standards that he standards, they are antiquated. but talks about why. >> they needed an event up here at that time that would really draw a lot of people and get a lot of notoriety all over

the state and it did. i think it is fair to say there was no a's or giants game that drew anymore people than we had here that day. >> all right, giants play tonight against the padres. game two of that series. the save mart 350. this sunday and get out there early. >> that's what i was about to say. get out there early because traffic is bad. >> tonight on the 10:00 news, the new details we learned about a bust on the peninsula we first told you about last week. and we are always here at ktvu.com and mobile ktvu. we'll see you at 10:00. [ male announcer ] the new subway® $4 lunch is for everyone.

it's for value seekers. for spicy italian lovers. for veggie eaters. for meatball dreamers. for everyone who wants more of what they love. the new $4 lunch. a 6 inch sub and 21 ounce drink. tons to choose from. all day every day.

i still don't understand this. the new $4 lunch. a 6 inch sub and 21 ounce drink. abby has a mentor? yes. and the mentor advises the protégé. is there any money involved? no. ? respect, admiration, prestige. pbfff. would the protégé pick up stuff for the mentor? i suppose if it was on the protégé's way to the mentor, they might. laundry? dry-cleaning? it not a valet, it's a protégé. all right. listen, uh, i got to get some reading done. you mind if i do this here? i can't concentrate in my apartment. risk management? yeah.