>> reporter: crews fighting a large wildfire near mt. diablo made significant progress overnight. how much of the fire is now contained. a surprise announcement from the syrian government this morning. can comes just hours before president obama makes his case for military action directly to the american people. >> reporter: we're live in berkeley, where we've gotten new video in of a deadly house fire. we'll tell you an extra challenge that crews face in

trying to rescue a man. we're hours away from the latest big announcement from apple. we're live in silicon valley for this morning's coming out party. "mornings on 2" begins right now. you are looking live at the fire command center for the wildfire on mt. diablo. this is in dublin. firefighters have updated us on the progress and their conditions. there's new information just released. we'll give you up-to-the-minute informs on the fire in just moments. good morning. welcome to "mornings on 2." i'm tori campbell. a big welcome back. >> thank you, tori. good to be back. i'm dave clark. let's go to steve. all right. thank you. we do have a cooler pattern today. a much, much bigger fog bank. a westerly breeze in place. cooler inland. we'll carry that into tomorrow. we'll get a warmup thursday, friday. it look cooler by the weekend.

50sed and 60s. a 8, san jose. 58 san francisco, 59 in concord. san jose aforecast, patchy fog, 52. san francisco had a nice tweet from raquel in the mish. very foggy. feels cooler than the 58. i believe we'll go for a high there of 65. overall, sunny, but breezy and cooler and we get a westerly breeze also out to the delta. it will be warm. not as much as yesterday. higher wind. the wind has picked up for some. 60s, 70s and mainly other 90s. here's sal. steve, good morning, right now, we're looking at highway 24. a little bit of crowding in la fayette and orinda. it all looks good to the other side. a lot of people are going to the bay bridge toll plaza at this hour. that's backed up for a 15, 20-

minute delay. it's really beginning to look like it did before they opened the new bridge. things are beginning to normalize. san francisco, 19th avenue doesn't need an excuse to be very slow. this is the reason there are wires down at 19th and yoloa. pg&e crews are arriving on the scene to get that out of the way. san francisco freeways, the traffic on 101 does look good. if you're on the peninsula, the same thing goes for 101 all the way to the airport and beyond. as we look at san jose in the south bay, slow traffic on 280 and 85 heading into sunnyvale. now, then, at 7:0 3. let's go back to the desk. >> thank you, sal. topping our news -- calfire has just released new numbers  of the huge fire on the eastern slopes of mt. diablo. they show firefighters are gaining ground on the big fire that started on sunday afternoon just outside of clayton. ktvu's alex savidge joins us live now from the fire command center in dublin with those new numbers. good morning, alex. >> reporter: well, good morning, tori.

the containment figure on the morgan fire has now jumped. it's nearly doubled. more than doubled, to 45% containment. that's the new estimate here from calfire. they believe they have 45% of this fire contained. this morning, calfire also did some new mapping and they have an estimate on the burn area and it's lower than estimated from yesterday. they believe the fire is just over 3200 acres in terms of the burn area. that's down from the estimate yesterday of 3700 acres. firefighters right now are getting geared up. they will be heading back out to the front lines this morning. about 700 firefighters involved in this effort. last night, there was a burst of strong winds that did cause some concern for a short time. there was a large flareup on the eastern edge of the fire that could be seen from newschopper2. flames threatened to jump containment in the area. crews were able to stop the fire at morgan territory road. it wasn't allowed to cross over there. there are a number of homes and ranches on the other side of

the road. despite the flareup, crews feel good about the progress they made overnight building solid containment lines. >> the dozers were able to get closer to the line and put up good line on the mountain. the fire crews worked through the night, connecting those lines together, building line spaces that the dozers couldn't get into. so overall, it was a good night. we're starting to feel a little more optimistic. >> reporter: the morgan fire first started sunday afternoon and it quickly through in size because of hot, windy conditions. the exact cause of the fire is still under investigation right now, but crews yesterday really made a relentless air assault on this fire. it included waterdrops from helicopters, there were also retardant drops from the dc airplanes. at this point, a lot of the fire is burning up into the steep, rugged canyons up on mt. diablo and crews have been able to steer the flames away from

the areas where there are homes. at this point, firefighters say they've protected all of the homes in this area, although i was told there was one structure, what is believed to be an outbuilding connected to a communications center that may have been burned up on. summit of mt. diablo. we're live in dublin, alex savidge, ktvu channel 2 news. >> thank you. this morning evacuation orders remain in effect for 100 homes just east of mt. diablo state park. here's a map of the latest locations where the big fire has forced dozens out of their homes. the evacuated streets are all outside of clayton in a remote area surrounding trail ride road. the red cross has set up an evacuation shelter in clayton at the community library. it will be opened for at least two more days. not all who have to evacuate, of course, are human. horses get really spooked by fires. heather farm in walnut creek is taking them in. it's acting as an animal evacuation center. many people have brought their

horses to get them out of harm's way. heather farm can hold as many as 20 horses in the stables. here's some more information on animal evacuations related to the fire. in addition to heather farm, the contra costa county fairgrounds in antioch is taking in animals. other people and some animal hospitals in the area are offering to house the animals as well. 7:07. there's a smoke advisory issued by the bay area air quality management district because of the smoke from mt. diablo. the warning is for people living in parts of contra costa, alameda and santa clara counties. a ktvu viewer sent us this video. you are looking at it. he shot this from a plane. you can see all of the thick, brown smoke over the mountain. make sure you stay right here with us on "mornings on 2" for the next two for all of the complete coverage of the mt. diablo fire. you can also get information and a slide show of the fire near clayton at our channel 2 website. just go to ktvu. we're also following developing news in berkeley. that's where an overnight house

fire turned deadly. it happened about 1:30 this morning at a home on oregon street near telegraph avenue where several uc berkeley students had lived. ktvu's tara moriarty is there with some new video of the home tenants say they woke up to streams. tara? >> reporter: that's right, screams and police knocking on doors. such a frightening morning for them. you can see that investigators are here on scene trying to figure out what started the fire. the home is divided into seven apartments. we know that officials are trying to get ahold of the family of the man who did not survive the fire. he lived alone on the top floor where you can see most of the fire damage. let's take a look at video. we just got this in. the fire broke out at 1:30 this morning on oregon near regent, about a mile from the uc berkeley campus. tenants say they were lucky to get out alive but they couldn't believe it when a man described being in his 50s did not make it out. crews had to bust through a dead bolt door to get him out

but it was too late. >> pretty spectacular when they came out. the fire already bended it to the outside on the thid floor level, on the ground level, you know, smoke hadn't made its way all the way down to that part. but on the third floor, pretty intense. >> reporter: the two-alarm fire started on that third floor apartment. neighbors say they would frequently see candles lit on the top floor. they say the victim was a smoker. the damage is pretty extinsive. right now, investigators are inside trying to figure out what started the fire. there are quite a few holes in the floor. crews are tip-toning around to be ex -- tip-toeing around to be extra careful. tara moriarty, ktvu channel 2 news. >> thank you. a former san francisco hospital text nix has been arrested accused of touching a patient who has semidesayed.

david ira bradford was arrested. the patient said he fondled her on twoe occasions in february during brief stays in the hospital. detectives are not aware of any other victims. but they are encouraging anyone with information to call them. a former track star at skyline hospital in oakland is facing bank robbery charges. 20-year-old noah blue is accused of robbing the same bank three times while wearing a "star wars" mask. he's also accused of robbing a bank in fruitvale. he garage wait a minuted in 2010. he later competed in track at cal state northridge. police say he's unemployed. they think he may have robbed the bank to support his young child. about 1,000 inmates have been released under prop 36. approved last year by voters. of those who were released,

only 2% have been arrested again. that's compared to the statewide average of 16%. this report was released by stanford law school's three strikes project and the naacp legal defense fund. 7:10. a new bill looks to boost state oversight of medical marijuana dispensaries. the medical cannabis regulation and control act was written by san francisco lawmakers tom amiano and mark leno. it would create a division under the alcohol beverage control that would oversee how medical marijuana is manufactured and distributed. it would also control the dispensaries. lawmakers will have to work quickly, though. friday is the last day to pass bills. all right, tori. 7:11. we'll have more coverage of the morgan fire that's burning on mt. diablo, including the big weapons brought in to get the fire out as quickly as possible. new developments overnight. what syria is now saying about its chemical weapons that could

eliminate the call for a military strike. good morning. traffic is a mess in the north bay and -- and northeast bay because of an earlier issue. now we have slow traffic in the south bay. so it's eating up out there -- heating up out there. the fog bank is making a good push for some. it will be cooler inland. we'll have the forecasted highs in a couple of minutes. unbelievable.

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we have continuing coverage of the crisis in syria. the house arms services committee is holding a hearing regarding military action against syria. and the white house will continue rallying support for intervention even though a syrian leader agreed to hand over chemical weapons to international control. kyla campbell is live in our washington, d.c. bureau to explain why the administration

still wants congressional backing. kyla? >> reporter: tori, the white house says the only reason syria is agreeing to give up its chemical weapons is because the u.s. threatened military action. we are taking a live look right now at the house arms services committee. you see secretary of state john kerry is addressing members of congress right now. he's also with chuck hagel and general martin demcy. they are taking the case for interventions. also happening this morning. several gop members said via social media they were heading to the white house to talk with joe biden about military action against syria. in a few hours, president obama is scheduled to meet with senators from both parties on capitol hill. he said last night the russian proposal for syria to give up chemical weapons could be a breakthrough but he doesn't want it to be a stalling tactic to put off the pressure the u.s. has on syria right now. russia says it's working with syria to come up with a detailed plan on how syria is going to give up its chemical

weapons. i'm working on that story for you and following this hearing for 8:15. kyla campbell, ktvu channel 2 news. >> thank you. you can watch the president's rare prime time address right here on ktvu. that's tonight at 6:00 p.m. all right. uncertainty about a military attack in syria and problems at refineries, they are being blamed for a spike in gasoline prices. prices have jumped as much as 20 cents a gallon at some bay area stations since the end of august. aaa says gas is averaging 3.98 in san francisco right now. it's 3.90 in oakland. 3.91 in san jose. problems with the refineries in benicia, martinez and los angeles are adding to the higher gasoline prices. well, speaking of gas, cars, trying to get to work and to school, let's check in with sal. see what's happening with the commute. any problems, sal? >> we have a stalled tour bus that's been out there for a bit at wend 80 in the fairfield area.

it's causing a big backup. i'm getting tweets about this. right here and the traffic is just a mess as you drive through. if you are driving from, let's say, the cordelia junction heading on down. well, interesting enough -- after you get past 80 it looks great. a lot of the other routes in so low know -- solano county are not that good. that's becoming a normal thing. 80 westbound from hercules down to richmond is also slowing down. i want to show you the bay bridge. that's becoming more normalized. it's about a 20, 25-minute delay. maybe 30 minutes. i'll be conservative and say 30 minutes. once you get on the bridge it looks good in san francisco. we've had slow traffic in the south bay, especially trying to get into sunnyvale and cupertino where most of the jobs are. traffic will be slow at zanker road. let's go to steve. thank you, sir. well, a lot more fog.

in fact, the visibility satellite came in. there's more then yesterday. it has lifted much higher, getting nice twitter pictures. spweather, by the way, we have a little low, a signature of it right there. the one i'm standing in front of is not playing into the forecast but this one is. that's giving the fog a higher base and cooler temperatures. 82 san jose. oakland, 79. 72 today. napa was 90. we'll go 81. livermore, a sizzling 102 but 90 today. fire conditions, some of the areas around 1500 feet are in the upper 60s. i was looking near black diamond. i think it's 68. mt. diablo went to 73. it's now 76. west at 25. it's been up to -- up to 32. humidity, 22%. i know wind can play havoc with the fire. a high today of 88. down again about 10, 12 degrees. not the upper 90s that we

experienced yesterday. rain continues just down in las vegas. incredible. another couple of days they will continue to deal with that. 50s and 60s. we get a stronger westerly breeze, a delta breeze. 25 yesterday at this time, it was 9, 9 to 7 miles an hour. that's a huge signature on a cooler pattern when that develops. you get a sweest wind -- dash a southeast wind. it's making a it's making a push. 40 in tahoe. 36 in truckee. maybe record low temperatures due to the cloud cover and some of the rain in the desert of california as well. there is the system. it's not all rain. but it has been off and on rain. a couple of reports of people being down there, saying it's been cloudy. that low will eject by the weekend. for us, cooler pattern for us today and tomorrow. i think temperatures will come down here. still in the 80s and 90s but the wind has picked up and the sea breeze is in place.

60s, 70s, 80s and 90s. clearlake, ukiah still hot. fairfield, 90. 78 vallejo, benicia, novato, petaluma, napa, all in the low 80s. upper 70s for kentfield. concord, 87. 72 oakland. pleasonton, 89. livermore 90. san jose, 82. 81 santa clara. cupertino, at 84 degrees. 60s on the coast. 60s in the city. upper 60s, low 70s. you hit upper 70s, menlo park and then redwood city, 81. cooler on wednesday. there's a little warmup on thursday. it looks like we'll top it on friday. but then cooler weather returns for the upcoming weekend. mcdonald's is offering a free breakfast this this morning to students between the ages of 3 and 13. all 255 locations across the bay area are participating in the giveaway. it started at 6:30 and ends at 8 a 30 this morning. the meal includes one freeing white delight mcfufen and a

mint maid -- one free white delight mcmuffin and a minute maid drink. details of a very disturbing video. this was captured by a private investigator. time is running out to avert a b.a.r.t. strike. why gauche -- why negotiators are just resuming talks.

talks between b.a.r.t. and the unions are scheduled to resume with four weeks left to avert another strike. the two sides met for the first time since the judge ordered a cooling off period 30 days ago. beart and -- beart and the unions are -- b.a.r.t. and the unions are still far apart between pensions and pay. those issues won't be discussed until next week.

>> the parties weren't quite ready to sit down and negotiate. >> unions say they will call a strike if no deal is reached by october 10th. that's when the cooling-off period expires. george zimmerman acquitted in the killing of trayvon martin had another run-in with police. his estranged wife called 911 saying zimmerman punched her father in the nose yesterday and threatened them both with a gun. shelley zimmerman filed for divorce last week, saying she and george had separated shortly after he was acquitted in the trayvon martin case. she and her father apparently went to zimmerman's home to get some of her belongings. police say they deed george zimmerman but did -- detained george zimmerman but did not arrest him. authorities say george zimmerman claims it was his wife who started the aggression. a man in colorado is facing charges in a prank that went horribly wrong and it ended with the death of a teenager. an 18-year-old was shot and killed in her friend's home in

longmont friday night. family members say she was hiding in a closet and jumped out to scare her friend. the man thought she was an intruder and shot her after being startled. girl's family is obviously overcome with grief. >> she was a go-better. >> she was very knowledgeable, loving, caring. >> the family is in the pro process of planning her funeral. her friend was released from jail on o.r. yesterday. he will be facing formal charges in the shooting death next monday. a volunteer diver lost his own life following the search for a drowned teenager in lake shasta. authorities say the driver, ken smith, was trying to free and underwater remote-operated vehicle tangled on sunday when he drowned. a second driver was injured but is recovering. the device had been used to look for the body of 18-year- old robinson saak who drowned

while trying to help a friend last friday. 7:25. there's been a major shakeup on wall street. the dow industrials this morning. some major bay area companies have been dropped from the index. we'll tell you which ones and why. >> reporter: and a sad story in san jose. a 3-year-old baby boy died at a daycare facility. and traffic in the east bay is getting a little busier now as we look at some of the freeways here. 680 getting slow from walnut creek to san ramon. a lot more fog tuesday morning than we had on monday morning, that's for sure. it's much higher and that will allow for cooler inland temperatures today. ♪

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and you're looking live at mt. diablo, and you can see it looks much difference than it did yesterday. hardly any visible smoke. it looks like a little right off the ridgeline. we'll continue to watch the wildfire there closely. more on the latest numbers and a bit of a scare overnight. good morning, welcome back to "mornings on 2." i'm tori campbell. >> good morning. i'm dave clark. let's check our weather and traffic. steve, a different weather pattern today. >> much different. bigger fog bank. it will be cooler inland. it's a westerly breeze.

a component of it. it looks like a quick warmup on thursday and friday with a cooler weekend on tap. kind of a little roller coaster ride. a little low has settled in kind of retrograding back. that's helping to lift the fog and usher in a western wind. it's been picking up in the delta higher elevation. temperatures starting off in the 50s, low to mid-60s out towards antioch and brentwood. san jose, 57. san jose, 57 to 60 by 8:00. 72, we'll go 82 for a high today. that's down 6 from yesterday. and san francisco which was 68 yesterday, we'll go 65 today. just a little bit more in the way of fog and also that west wind in place means cooler pattern, coast, bay and also inland. the biggest drop will be inland by 10, 15 degrees. overall, it will be sunny once the fog burns back. kind of hazy skies. the wind has picked up. i think you'll see a continuation of that later. 80s or mainly low 90s inland.

updating the traffic with sal. steve, good morning. we're looking at the commute on the bay bridge. it looks pretty good. you can see traffic is steady and smooth into the tunnel as you drive in. no problems on the traffic coming from san francisco to oakland which you can see as well in this picture at the toll plaza. we have a look of about a 20, 25-minute delay before you actually make it onto that span. we've had a stalled bus for at least an hour on 80 westbound right at highway 12 and a lot of people have been stuck in slow traffic throughout the most part of fairfield. also a lot of people are using highway 37 as an alternative. it's pretty slow. highway 29. sonoma boulevard is a mess there. this morning's commute on 80 westbound is slow. i want to take a look at some traffic times here. highway 4 from lone tree to lev reg, 17 minutes. 242 to 24, ten minutes. you can see for yourself, the roads are crowded. now, back to the desk. calfire has just released

some new numbers on that huge fire burning on the slopes of mt. diablo. they show firefighters are gaining ground on the big fire that started outside of clayton sunday afternoon. the fire is now 45% contained. and due to better mapping, the adjusted size has shrunk now from 3700 to 3200 acres. now, there was a scare overnight as winds pick up. so did fire activity in the northeast side of mt. diablo. crews battled numerous spot fires and were able to prevent the blaze from jumping the line. they are using equipment, bulldozers. firefighters have managed to steer the flames away from homes. >> one of the big issues is access. this part that we're on here has summit road against us. we're trying to keep it on the east side of summit road. >> so far no homes have been lost. there are no reports of major

injuries. no word on the cause. alex savidge have have a live update -- have a liveup date at 8:00. for about 100 homes, evacuation orders are still in effect east of mt. diablo state park. take a look at the map, the latest locations, where the big fire forced dozens out of their homes. the evacuated streets are out of clayton in a remote park surrounding trail ride road. the red cross has an evacuation center at the community library in clayton. it will stay open for at least two more days. alum rock park will be closed again today because of a higher fire danger. the park was closed over the weekend over fears that extreme heat could trigger a fire. today's decision to shut down the park also has to do with all of the strain the mt. diablo fire is butting on bay area firefighting resources. the city says conditions will be checked and april ses -- assessed every day and the closures could extend through

outthe -- throughout the week. a 3-month-old baby boy mysteriously dies at a daycare facility yesterday afternoon. brian flores is live at the facility off piedmont avenue with the latest on the investigation. good morning, brian. >> reporter: good morning. yes, definitely a sad story that can re-- for any parent that can relate. the child care facility here and we spoke offcamera to an employee and said the entire staff is shaken up after what happened after the boy's death. the school will be opened for parents to drop off their kids. a lot of questions, though, remain on the baby's death. what we know is at about 1:30 yesterday afternoon, a staff member noticed the boy was not breathing. that staff member called 911 quickly and when firefighters arrived, they attempted several times to resuscitate the baby but they were not able to save the baby alive. the parents were -- baby's

life. the parents were called as well as the chap -- asthe chaplain. the sheriff's office don't believe this is anything suspicious but they won't know more until an autopsy. we spoke to a parent who dropped off her child at the daycare. she says the director told her last night that the child died from sudden death syndrome. >> she told me this is whapedz -- what happened. she told me everything. she was crying on the phone. i knew at that point. when she said sudden death syndrome. nothing we can do. >> reporter: that parent also says the baby was -- she believes the baby was sleeping at the time. preschool staff have yet to talk to us. offcamera they were grieving. the school has been here for 20 years. in is the first time anything like this has -- this is the

first time anything like this has happened. the exact cause is yet to be determined by the coroner's office. an autopsy is scheduled for sometime this week. live in san jose, brian flores, ktvu channel 2 news. 7:35. this morning, a $500 reward is being offered to help find a woman accused of abusing dogs. this video taken by a private investigator who happened to be in the area shows the woman violently yanking and kicking three dogs she was walking in south san jose yesterday. the video has been plannedded over to police and san jose animal services has launched an investigation. >> what stopped you from saying something to her? >> it happened over the course of three, four minutes. i was trying to get some evidence, being a private investigator. >> police say they will be out in the neighborhood today looking for the woman in that video. anyone with information on her identity should contact san jose police. well, another good day so far on wall street. stocks are rising as investors

bet that a conflict with syria might be avoided. taking a live look at the big board, you can see the dow is up 111. the nasdaq is up 19. and the s&p is up 10. meanwhile, some big changes were announced this morning for the dow jones index. pam cook is in the newsroom with what's in and what's out. good morning, pam. >> good morning. it's the biggest change for the index since 2004. periodically, changes are made to the companies that make up the dow jones index. now, this morning, the dow jones industrial average announced it's dropping the bay area's hewlett-packard from the index along with alcoa and the bank of america. goldman sachs, visa and nike have taken their place. hewlett-packard added to the dow back in 1997. b of a, about the same. in the last couple of years, about three years, hp's stock value has been cut in half. pc sales have been hurt by tablets and smartphones. now, stock price is usually the main reason for making the

switches on the dow. the three stocks leaving, hp, b of a and alcoa have an average price of $15 a share. the new companies, goldman, visa and nike, average $134 a share. it's a big change, especially for alcoa, the aluminum company that traditionally kicks off earnings season every quarter and has been a dow component for 54 years. now, that switch announced this morning takes effect with the close of trading next friday, september 20th. reporting live in the newsroom, pam cook, ktvu channel 2 news. >> thanyou, pam. today, a congressional hearing will focus on the conflicts between states and federal marijuana laws. the hearing was requested after attorney general eric holder changed federal drug laws last month. holder said federal authorities no longer will interfere while states adopt medical marijuana laws. today, the committee will hear opinions for and against

legalizing marijuana. a possible deal on chemical weapons. how will this new development in syria impark the political situation -- impact the political situation in washington, d.c.? we'll talk with jamie dupree -- next. one day before the 9/11 anniversary, an important milestone is achieved for the memorial to the victims on flight 93 that was heading to san francisco 12 years ago. good morning. right now, we are looking at traffic getting busier. we're coming up to the peak of the commute. good news, the traffic backup has not reached the maze. low clouds and fog regrouping yesterday compared to yesterday. ♪

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welcome back. 7:41. the funding now finally in place to complete a memorial to remember the people who died on flight 93 during the september 11 attacks. the national park foundation reached a $40 billion goal to complete the construction it at the crash site in shanksville, pennsylvania. that plane left from newark international airport, headed for san francisco on september 11th. a memorial honors the 40 passengers and crew members who were on that plane fighting against the hijackers and they prevented a second attack on washington, d.c. the 12th anniversary of that attack is tomorrow. it is 7:42. a possible deal to avoid military action in syria. washington insider jamie dupree joins us via skype with more on syria's offer to hand over its chemical weapons. jamie, is this legitimate or just a stalling tactic? >> reporter: that's what a lot of people don't know at this hour, just listening in on a hearing going on right now involving lawmakers on a house

committee. sos john kerry saying a few minutes ago -- secretary of state john kerry say a few minutes ago they are gonna look at it in the obama administration. but he warned this better not be a delay tactic. they are waiting for details, he said but they are not waiting long. john boehner said a few minutes ago that he was somewhat skeptical of the plan, simply because of the actors involved, the russians and the syrians. but it comes at a time when the white house certainly has no momentum up here whatsoever for their plan to authorize military strikes against syria and so it is being explored by the administration just in case. that's one reason why the democrats delayed this. the bottom line, they don't have the votes to approve it at this point in time. >> this new development, seems really convenient or a big

sense of relief for the obama administration since they are not getting much support and suddenly, this diplomatic solution appears. >> repr: one of those convenient offramps in a sense. you are absolutely right. that's probably why it's not being foreclose from the white house. they are expressing skepticism. i go back to iraq in the persian gulf wars when saddam hussein would say he was going to do something and wouldn't. a republican in south florida who said in the last three days, he's had 1,078 voters contact his office. of those 1200 plus people only 20 supported the idea of military strikes. i've heard that sale from a number of offices across the country and i think that congress is reacting to that. they are getting the message

that not many people support the yesterday. yesterday, there was a republican senator from the state of georgia who went from being on the record in support of military strikes. is this because of military fatigue after so many years of being at war? because no one supports the use of chemical weapons. >> i think it's a combination. everybody says they don't like what assad -- they think what assad and the government has done. they also think that launching a few missiles may not help and they think that may tear off the lid in the middle east and there may be unintended consequences that could entangle the u.s. in something over there and it could also be to the detriment of israel. look at the polling data, it's not one poll. it's been a series of them that show very strong opposition from. american people to the idea and as of right now, look, if we

put this thing on the floor, this resolution to authorize the use of force in the senate and in the house of representatives, it would be an immense defeat in the house of representatives. it wouldn't even be close. the senate would be close. we just had a few minutes ago, mitch mcconnell of kentucky came out and said he would not support the president chalk up another no vote. i think we're about to have a few more go up on the board in the next few minutes. >> in spite of all of this growing opposition, the president is still planning to make the public address tonight. >> reporter: there's been no change on that so far. he will be here downstairs from me in a couple of hours having lunch with first democrats and then with senate republicans. but he doesn't seem like walking the halls -- but it doesn't seem like walking the halls and sampling the line there's a change. talking about it with my colleagues up here, we were sort of wondering would the

white house decide to delay the speech simply because of the other things with this russian and syrian proposal. we'll have to see what shakes out. one would think it's a different speech from yesterday. but the appeal is the same. secretary of state kerry saying a few minutes ago, that no matter what happens with the plan, they want congress to back this use of force resolution. but the numbers are not there for the white house right now. >> okay. jamie, thank you for joining us. you can find a link to jamie's blog at ktvu.com. pull down the news menu bar and go to our politics page. you can listen to the president's speech tonight at 6:00 right here on ktvu. >> all right, tori. 7:47. happening today -- happening getting ready to make a big announcement. the anticipation is building. the company is expected to release a new version of the iphone. ktvu's janine de la vega is live in cupertino now to tell us what we can expect.

good morning, janine. >> reporter: good morning, dave. we're here at apple headquarters. behind me you can see they have a colorful backdrop set off at the entrance. they had people speculating that the iphone would be available in more colors. they said "had this should brighten everyone's day." what's meant by that? some think it will be more colorful. a rumor, a gold phone will be introduced. tech analysts predicted cheaper versions of the iphone 5 featuring a plastic case and low-end camera and processor, to make apple more competitive with the market. they also say an s phone will be unveiled which may be faster and have a fingerprint system built in as a form of better security for users. >> a cool idea. i don't see it being particularly better than having a password or anything like

that. >> the print is great. then you don't have to remember your codes. i think that's pretty interesting. >> reporter: analysts are unsure if the new version will be introduced today. but they seem to agree that a smartwatch will not be revealed today. most tech riders say apple will introduce the s and the new operating system which will support iphones and ipads. there's also talk that apple may launch itunes radio which could be similar to what pan doe offers -- man doe -- pandora offers. this event begins at 10:00. we'll have a reporter inside to bring you what's introduced today. janine de la vega, ktvu channel 2 news. >> all right. want to check in with sal. how are things looking at the bay bridge toll plaza? >> still crowded, about a 20, 30-minute delay.

it's not backed up to the macarthur maze. it's backed up to the 880 overcrossing. moving along and taking a look at oakland. southbound 880 is a mess and i will tell you, the traffic has been slow approaching an earlier crash, southbound in the area of 238. so please give yourself extra time. westbound 580 at 238, there's also an injury accident that was just reported. we'll follow that up. in cordelia and the fairfield area. that stalled bus almost -- i'm just looking to see if they canceled the sig-alert. west 80 is still a mess through fairfield. let's go to steve. >> a lot more in the way of low clouds. some of that was held in check. there was hardly any breeze to help it along. today, it's -- it has a little low coming in. that's lifted it and provided a good westerly direction. not only higher elevations but also toward the delta. a bigger fog bank.

cooler inland. cooling continues. a quick warmup. right back down it looks like on the weekend. there's plenty going on. very strong low in las vegas, also up in the northwestern part of arizona. i will show you that in a second. the low will signature is coming back from nevada. the coast started to cooldown. inland was still 90s to 100. 72 in oakland. napa was 90. we'll go 81. livermore, that was at the airport, 102. we'll go 90 today. a good, 10, 15-degree drop for some. it will be cooler. for mt. diablo, it's been fluctuating 73. jumping back up. humidity 22%. west wind at 5. you look around, 1500, 1600 feet down to the surface. we'll go to 80 at noon and then a high of 88. more of a westerly direction. so thankfully a ally direction

-- a westerly direction. southwest 25 25. at this time, yesterday i think it was 7. yesterday, all of these locations. san jose gets their southeast wind. sfo has a west at 3. temperatures generally 50s and 60s to start. we'll end up with 60s, 70s, 80s and 90s. but the fog is much bigger. this low down to lake havasu. kingman arizona, very cool conditions. this is -- this will be here for another day or two and then eject out. it's been a very active pattern september for the area. fog, sun, warm, cooler inland. we get the main westerly breeze. 90s for some. 80s, 70s for others. 60s closer to the coast. clearlake, 97. cloe way said it would be

between 90, 9 a -- 95. we have a bet. livermore is down 12. walnut creek 87. alameda, 70. berkeley, 70. pleasanton, 89. 81 slar. san jose, 82. warmer out towards east san jose also santa clara valley. santa cruz, 76. a lot of fog. 60s on the coast. society jim told me westboro, the sun it breaking through. woodside right at 80. cooler on wednesday. slightly warmer on thursday. a little bump up on the temperatures on friday but then it comes right back down over the weekend. >> okay, steve. we have developing news in berkeley. what may have started that fire just hours ago, the fire that claimed the life of a 50-year- old man. it's been three years since the deadly pipeline explosion in san bruno. the settlement just announced from pg&e and why the state and county will not be filing criminal charges.

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we may know soon if james holmes will trand trial. the court-ordered sanity evaluation has been completed. the 128-page report was given to the prosecution and defense. he's accused of killing 12 people and injuring dozens others at a movie theater in aurora, colorado. he's pleaded not guilty by reason of insanity. a trial is scheduled for february of next year. pg&e will not face criminal charges from the state or san mateo county because of the san bruno pipeline explosion. the deadline to file state and local charges passed yesterday on the third anniversary on the deadly explosion and fire. eight people died and 38 homes were destroyed. but pg&e could still face possible federal charges. federal prosecutors have two more years to file. and three years later, some of the homes destroyed in that

explosion are still being rebuilt. 22 of the 38 destroyed homes have been rebuilt or are in construction. all of the damaged homes have been repaired. however, one woman says her new house still does not feel like a home. >> it's not the house so much. it's all of the memories, all of our pictures. you know my grandmother's things she had given me, my mother. >> yesterday, pg&e announced it has settled nearly all of the victims' lawsuits for $565 million. all right, tori. we have breaking news. it's about that crisis in syria. what president obama just said about a new proposal for syria's chemical weapons. >> reporter: and major progress made overnight in the fight against the large wildfire burning near mt. diablo. we'll tell you how much of this fire has been contained and what still has to be done. still slow in many

community commutes -- many commutes. we'll tell you what 24 is doing. hazy. there's also a lot of fog today compared to monday. that means a cooler pattern. we'll talk about that coming up in a few minutes. 5ñ

well, good morning.

welcome back. you are looking at live pictures of the fire command center for the morgan fire. the fire burning on the slopes of mt. diablo. our cameras are giving you a wide view up there. firefighters gave us an update on the containment of the fire. we'll have that for you in a a couple of moments. good morning to you. welcome back to "mornings on 2." tuesday september 10th. i'm dave clark. >> i'm tori campbell and let's have a quick look at weather and traffic. >> 50s, 60s. the low clouds stopped any cooling. san jose, 60. 72 a high today of 82. that's down 6 from yesterday. san francisco now has to do the fog. some areas get the sun. but temperatures continue to be a little bit below average. they were 68 yesterday but we'll go 65 today in san francisco as low pressure settles back in. that's allowing the fog bank to lift and make a stronger surge. fog, low clouds, sun. warm for some but cooler for many today unless you are

really, really far inland. i think with the wind picking up through the delta and the higher elevations. it's more 70s and 80s or low 90s now. here's sal. we have slow traffic in some areas that's actually become a little bit worse in the last few moments. bay bridge has been steady and slow at about 20 minutes now which is very good, especially compared to what we had last week with the new bridge. that bridge is not new anymore. if you look to the left, southbound 880, we usually don't see slow traffic here. we've had slow traffic getting into hayward this morning. i hate to tell you this, from oakland down to fremont. most of this commute is small. san francisco, 101 traffic looks pretty good coming up to the 80 split. no major problems here. no major events. we've talked about oakland. i want to mention that 880

south as you drive to the south bay, it's slow. there's a lot of red on the maps, 101, 280 and 87. back to the desk. >> all right, sal. thank you. topping our news -- 90 minutes ago, cal fire released new numbers about the huge fire on the eastern slopes of mt. diablo. firefighters are making progress on this fire outside of clayton, the one that started sunday afternoon. alex savidge, you are at the fire command center in dublin. what's the latest. >> reporter: good morning, dave. the containment number on this fire has jumped significantly overnight. it now stands at 45% contained. actually, calfire did new mapping on the fire as well. now they say that in terms of its size. this fire, the morgan fire is about 3200 acres. that's actually down from what they were saying yesterday. we're here at the command center in dublin, where you take a live look here behind me this morning. you can see some of the firefighters involved in this effort. they are getting all geared up

out towards mt. diablo to try to build up the containment lines. that is an ongoing effort. about 700 firefighters have been called in here. last night, gusty winds caused some concern when there was a large flareup on the eastern edge of this fire? flames threatened to jump containment in the area. crews were able to stop the fire where there are fight a -- quite a few homes and ranches on the other side. despite the flareup, crews feel good about the progress they've made overnight. a fire information officer explained to me how firefighters create a containment line that will hold. >> really what we need is bare mineral soil around the fire's edge. so that some cases, that's digging with fire tools we call them clouds, shovels in some cases, down through the plant material that's there pulling anything that could burn away. >> reporter: the morgan fire

started on sunday afternoon and it quickly grew in size. it had been threatening about 100 or so homes in that area east of mt. diablo right outside of clayton. but now most of the fire is burning up into the steep, rugged canyons of mt. diablo. no homes have been lost thus far. although, i was told one structure has burned or at least was damaged by the fire. that building was part of a communications center up on the summit of mt. diablo. crews were able to slow the spread of the fire with a lot of water and retardant drops from aircraft. i was just told by a fire information officer, the air attack will continue once again today. they have nine waterdropping highlighters and four airplanes that will be dropping fire retardant and they will be back up in the air later on today. live in dublin, alex savidge, ktvu channel 2 news. >> there is a smoke advisory by the bay area air quality management district for parts

of contra costa, alameda and santa clara counties. a viewer sent us this video. you can see the thick smoke from the mountain. make sure you stay right here for "mornings on 2" for the next hour for all of the coverage of the mt. diablo fire. you can also get information and see a slide show of the fire near clayton at our ktvu channel 2 news website. go to ktvu.com. overnight, a two-alarm house fire in berkeley turned deadly. investigators are sifting through the house looking for clues. tara moriarty joins us live from the home with new video and we've just learned the name of the victim. good morning, tara. >> reporter: good morning. 56-year-old andrew goodwin was the name of the gentleman who died in the building. he was a ploe fesser professor at usf. if you take a look behind hee, you can see what's left of the

house fire, the fire started on the third floor and the investigators say they are really taking their time. this fire caused so much damage. there are holes in the floor. a lot of the home has been compromised. the home is very big and divided into seven apartments. the officials say the fire started on the top floor where goodwin lived by himself. here's a look at the video we were talking about. a neighbor shot it off his cell phone. the two-alarm fire broke off at 1:30 at the home on oregon near region. crews had to bust through a dead bolt door to get goodwin out. it was too late. tenants say they woke up to screams and police pounding on their door. >> two came to the door saying, hurry! hurry! grab what you need and leave. i grabbed my laptop. >> i got some really valuable items. >> i grabbed some clothes.

>> reporter: neighbors say they would frequently see candles hit on the top floor. they say that goodwin was a smoker. they've not determined the cause of the fire. the damage is pretty extensive. it looks like the tenants are gonna be out for a while. if we come back out here live. we can see you a picture that we've pulled up on the web. this is andrew goodwin right here. his neighbors just getting word here. they are very upset. they said that goodwin lived in the house for decades. he was quite the fixture on oregon street. live from berkeley, i'm tara moriarty, ktvu channel 2 news. >> thank you. 8:07. a fire has damaged bleachers at the america's cup pavilion. it happened around 3:00 a.m. near the broadcast booth. no one was hurt and the cause of the fire is under investigation. the america's cup yacht racing finals continue today on the san francisco bay. right now, the score is three

for the emirates and one for oracle. races are set to get underway at 1:15. new zealand needs nine wins but oracle team needs 11 after being docked two race points in the cheating scandal. 8:07. a former stanford hospital technician was arrested accused of inappropriating touching a patient partially sedated. police arrested 35-year-old david ira bradford in fremont. a female patient told detectives he fondled her on at least two occasions in february during brief stays at the hospital. detectives are not aware of any other alleged victims but they are saying anyone who has information should contact police. a new bill regulating sex offenders at schools has been signed into law. thanks to the efforts of parents in san jose. the new law requires schools to notify parents at least two weeks in advance.

in a registered sex offender will be on the campus. if the law comes after a convicted sex offender volunteered at a fest -- the law comes after a convicted sex offender voled vol volunteer -- volunteered at a festival last year. a lot of parents were angry. a san jose man has been taken into custody after being chased down by construction workers. this happened saturday at an office on sheraton avenue. the crew found kenneth dale step steal an ipod near a desk desk where any were working. they chased him and held him until police arrived. other than minor cut, and bruises, nobody was hurt. the new bay bridge has a good luck charm. crews have installed a new bearded troll on the new eastern span. it's modeled after the famous troll placed on the old bridge, right after the 1989 loma

prieta earthquake. an unknown artist created the new troll placed in an undisclosed location. crews removed this toll, from its perch on labor day, it will likely be housed in a museum or park. caltrans is setting up a timetable for tearing down the old eastern span. demolition crews are expected to begin removing pieces of the old span in a few minutes. the cantilever section along with the dreaded s-kur vg curve will be the first parts of the bridge to go. the visible sex section will be removed in less than a year but the entire project is expected to take 3 years. the state senate committee has voted in favor of naming the western span of the bay bridge after malor willie brown. the bill goes to the appropriations committee and then the senate. the assembly has passed t some historians wanted the bridge to be named after a man who called him they have emperor norton because he first proposed a bay

bridge back in the 1800s. 8:10. there was a surprise announcement from the syrian government this morning and then a short time later, a short time ago, we found out that president obama's reaction to this new proposal involving chemical weapons. we can pull up mugshots on the streets rather than having to go back to the station. >> plus -- how san francisco police are fighting crime with their smart phones. good morning. right now, we're looking at the slow traffic that's developed here on 280, 85 and 101. a look at the santa clara valley -- when we come back. already sun for some areas but the fog is definitely on the go, more so today than yesterday. that equals a cooler a tish. we'll have de -- pattern. we'll have details on that.

welcome back. president obama says he will agree to a united nations security council discussion on russia's proposal for syria's chemical weapons. ktvu's kyla campbell live in washington, d.c. to explain what syria is offering to prevent a military strike. kyla? >> reporter: well, dave, president obama said this could be a way out for syria to avoid military strikes from the u.s. but secretary of state john kerry told a house committee this morning if syrian leaders say they are willing to give up their chemical weapons, they must mean it. >> this cannot be a process of delay, avoidance. it has to be real, has to be measurable, tangible. >> reporter: kerry said

fulfilling those obligations is exceedingly difficult. russia says it's working with syria on a detailed plan to give the united nations control of its chemical weapons so they can eventually be removed from the country and destroyed. president obama says the only reason syria is considering giving up its chemical weapons is because the u.s. threatened military action. defense secretary chuck hagan said the threat of military strikes must continue to pressure syria to follow through on this proposal. i just heard back from my white house contacts a few minutes ago. they tell me that president obama continues consulting with international leaders to see whether or not syria's plan to give up the control of chemical weapons is a viable one. we'll wait to see how this affects president obama's position on military action when he addresses the nation in his speech from the white house tonight. back to you. >> thank you. you can watch the speech right here on ktvu channel 2. that's tonight at 6:00 p.m.

the u.s. secretary of education is threatening to withhold federal funds from california schools. this comes in response to a new law proposed by state lawmakers. if it passes, students would start taking standardized tests on a computerized system. for one year, scores would have to be suspended during a trial run of the exam. that lack of test scores is causing a controversy. right now, the law is awaiting a full vote of the assembly and state senate. the interim superintendent for hayward is announcing a new plan to increase the city's graduation rate. the idea is called plan 32 and it refers to the 32% of hayward seniors who did not graduate last year. a new summer program will be created for incoming freshman to help them transition to high school and a new academy will be created to help students pass the high school exit exam. 8:16. well, stanford and uc berkeley, are on a new list of the top universities in the country.

the list put together by u.s. news of world report says stanford is tied with the university of chicago for fifth place on the list. uc berkeley was the first public school on the list. they are at number 20. princeton was named the best college in america at number one followed by harvard, yale and columbia. there was a list released with the most student debt. it's not ivy league schools. wheellock college in massachusetts came in number one for student debt. 82% of graduates have loans averaging 49,000. amario in massachusetts, number two on the list. occupy cal protesters will reveal how they are getting ready for the big court battle against the university of california. the protesters have filed a lawsuit against uc berkeley demanding millions of dollars.

now, the lawsuit stems from this occupy protest on the cal campus back in november of 2011. police officers who came to remove occupy tents got into a confrontation with the demonstrators. the protesters are claiming police brutality, false arrest esand violations. hey, sal, everybody behaving in the south bay? is sal behaving? sal is missing. >> sal's m.i.a. >> sal went to get coffee. >> that coffee machine -- >> do you want to hear what i was really doing? >> yes. >> i will be covering the morgan fire and i was at the desk talking about that. >> you are allowed to do that. that's okay. >> the cat is out of the bag. that's where i will be at noon. we still have this job to do. right now traffic is moving along relatively well on the bay area commute. i want to show you that we still have slow traffic. i promised you a look at the santa clara valley. people are getting into work

now. 2880, 85. they are all very slow. 280 is backed up just around the corner after bird avenue. it's not all the way to 101 or anything. but you will still see some slow traffic. let's take a look at 237. that's also slow. we have one particular tweeter who always gives me an update after she gets to work. it's not that deep but it will be slow here at zanker road. if you are driving to san francisco northbound 101 is backed up from third as you drive up to the 80 split. that gets a little bit better. no major problems. there's a giants' game today. that's why the indicator came up. 880 is a mess. 580 is not much better. highway is backed up to highway 13. oakland is a popular destination. sal, if you are out in clayton, why don't you stop by dash the grill -- why don't you stop by the grill? >> maybe i will. yesterday we stopped out in

the 90s. coast and bay not so much. retrograding back from nevada. don't see that all of the time. more fog today. it will not be as hot inland. a little low will be here. it will won'tly last for a couple of days. thursday we'll get a bump up as high pressure rebuilds. that fire up for two days and then it looks like the low will cool us down. 60s and 50s on temperatures. the breeze yesterday was just ho-hum nonexstant. i think at this time it was 5, 7 miles per hour at travis, fairfield. now 24. that's a major difference. west wind at napa, concord. most locations not much of a breeze. spho calm. san jose gets the southeast wind coming up from the santa clara valley. 47 tahoe although truckee was 36 and cloud cover keeps -- las

vegas and much of the desert in california very cool. and for some very wet. there's been flooding around kingman, arizona, also lake havasu and some of that wraps into las vegas. a couple of people said it's been cloudy. a lot of that keeping the desert down to southern california blythe, that's what you are encountering. clearlake, 97. one of the warmer locations. 70s, 80s, 90s to the east bay. 60s on the coast. some breaks in the clouds and fog. 70s, very, very low 8s on the 80s. after that temperatures cooldown. it will be nice but cooler on the weekend. some good news from mt. diablo. firefighters are getting the upper hand on the fast-moving flames. what the containment is right now. a discrimination lawsuit against a major clothing

company. how the lawsuit centers around a scarf.

the centers for disease control says 135 million doses of the flu vaccine are being

dosed. larger supplies should be available by later this morning. the cdc says everyone 6 months or older should get a flu shot no later than october. san francisco police have a new tool for fighting crime. it's a smartphone with its own police app. police say the justice mobile app allows officers to connect to state and federal criminal databases in just seconds. receiving the information quickly can help keep officers safe in the field. >> there is a huge significance to the passage of time and that can mean the passage of seconds. in terms of officers' safety, as well as the safety of the community. >> 600 officers are currently testing the app. it's getting positive reviews. greg suhr says all officers will be trained on the app by the end of the year. the california senate approved a bill that would provide protection for undocumented immigrants arrested for minor crimes.

the bill would ban law enforcement from detaining and deporting low-level offenders based on their immigration status. this was introduced by tom amiano. governor brown vetoed similar legislation last year. this bill now goes to the assembly for a final vote. the big clothing chain abercrombie & fitch lost to a discrimination lawsuit. a judge ruled that the company violated anti-discrimination laws when it fired an employee for wearing a muslim scarf. the judge said the company didn't present any credible evidence that the scarf caused the company to lose sales. a tragic mystery in san jose, investigators now trying to find out what caused the death of a baby at a daycare center. >> reporter: we're live in cupertino at apple headquarters where the tech giant is

expected to unveil its newest products. we'll tell you what to expect. very slow traffic in the east bay. a crash is making things worse. but san francisco traffic does look good. it's improving. well, temperatures which warmed up yesterday will start to cool down today. even with the sun, we have a lot more fog to deal with. we'll have the cooler forecasted highs in a couple of minutes. ♪ for a store near you go to benjaminmoore.com/bayarea. this is the creamy chicken corn chowder. i mean, look at it. so indulgent. did i tell you i am on the... [ both ] chicken pot pie diet! me too! [ male announcer ] so indulgent, you'll never believe they're light. 100-calorie progresso light soups.

[ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant ♪ ho ho ho for a store near you go to benjaminmoore.com/bayarea.

welcome back. these are live pictures, mt. diablo this morning, boy, what a difference a day makes. it looks a lot different this morning than it did yesterday, and that's good. really no visible smoke that we

can see here. stay tuned. we'll bring you -- tell you the latest on the progress firefighters have made on that wildfire in a few moments. stay where you are. good morning. i'm dave clark. let's check weather and traffic. first we're going to steve. steve? >> nice dance there, dave. >> i wasn't ready. nice job, dave. low clouds, continue to be a little bit more prominent today than yesterday. helped along by a weak low coming in. more fog today. not as warm to hot. temperatures still in the 90s for some. down 10, 12 degrees. it looks like thursday and friday will be slightly warmer if things continue to come in as advertised. 60s on the temperatures. with the low cloud deck and west wind in place, things are different from yesterday at this time. so a west wind or a south wind. so lots of low clouds and fog. look for 60s, 70s and 80s and mainly low 90s. here's sal. good morning, steve. we have traffic trouble in the east bay this morning.

southbound 880 at the dakota road offramp. we have a sig-alert. very serious crash that's blocking lanes and traffic is just a mess as you look at the roads here. southbound 880 is backed up into hayward. that traffic is backed up to oakland with all of the slowing as you drive through here. please give yourself plenty of extra time if you are driving south, let's say to your job in the valley. after the crash, there's even more slow traffic on the way to milpitas. this whole thing is very slow. let's go to the bay bridge toll plaza. you will see traffic has lightened up. that's more like a ten-minute delay after you get past those metering lights. if you are driving in san francisco, northbound 101 is improving approaching the 80 split. back to the desk. thank you, sal. just two hours ago, calfire gave us new numbers on the huge fire on the slopes of mt. diablo. they show firefighters are making progress, gaining ground on the big fire that started outside of clayton sunday afternoon. well, now the fire is 45%

contained. and due to better mapping they have adjusted the size. it's now down to 3200 acres. no homes have been lost. there's no report of any major injuries. still not clear, though, how the fire started. it's possible evacuation orders may be lifted, sometime today. but at this point, they are still in effect for some 100 homes. the evacuated streets are outside of clayton in a remote part surrounding trail ride road. some families living near mt. diablo, they are ignoring the evacuation order. last night, we talked with one couple, they are tending to their goats and their chickens outside of their home near clayton. the mccourts say they are staying put in curry canyon. >> until i see the fire coming over the ridge, i don't think we have to worry. it's not that windy right now. >> i think we'll be all right. it seems likes smoke is moving more that direction and everything. so so we're thrilled about

that. >> emergency crews are rescuing horses and livestock. the evacuation area is made up of mostly sprawling ranches and rural houses. the rim fire, the one in yosemite national park, the price tag has wit $100 million. it's 80% contained. the "l.a. times" says the costs have been going up since firefighters are still struggling with the heat and the dry conditions. about nearly a dozen homes and 100 buildings have been destroyed. 8:33. happening today, apple is set to make a big announcement and rumors are swirling that it will include a new version of the iphone. ktvu's janine de la vega joins us live in cupertino to tell us what to expect. good morning, janine. >> reporter: good morning, tori. well, we are here in front of apple headquarters. there's a lot of national

media. some of them are already lined up to get in to hear this big announcement. it's not expected to be as big as when the reoriginal iphone 5 came out. that was the first phone introduced since steve jobs passed away. mysterious invitation sent by apple was colorful and said "this should brighten everyone's day." tech analysts say the phone will be faster and may have a fingerprint scanner in as a form of better security for users. the phone is only offered in standard black or white. but gold is the new rumored color that may be added. it will feature a low-end camera and processor and cheaper. >> if it's a more colorful and more affordable phone what will the price be? that's gonna be an interesting thing to watch. how much it costs unlocked and

what it will cost if you sign up for a plan. that will be much more interesting than with any other iphone. >> reporter: analysts are telling me they don't expect a new version of the ipad to be introduced today. they also agree that a smart watch will not be revealed. most tech anlifts are saying they will introduce the new redesigned operating system which will support iphones and ipads. there's also talk that apple may launch itunes radio which could be similar to what pandora offers. back out here live, the event is supposed to start at 10:00 a.m. and we will definitely have a reporter inside covering it and we'll let you know what's unveiled coming up at noon. reporting live from cupertino, janine de la vega, ktvu channel 2 news. >> thank you, janine. microsoft is getting ready to inunveil its next generation surface tablet. the company will hold a media event on september 23rd.

that's when the company is reportedly going to unveil the surface 2 and surface 2 pro. the new model could start at $349 and is said to look the same. a sad story coming out of san jose. a 3-month-old baby boy mysteriously died at a daycare center. brian flores is live off piedmont avenue with information we now know. >> reporter: if you are a parent, you can certainly understand the grief that the parents of this 3-month-old baby boy are feeling. behind me is the discovery years child care facility. i spoke with the operator of the facility. she did not want to speak on camera. but she did tell me off camera that the entire staff is shaken up. they are asking for privacy as they continue to grieve but the school will be open for parents to drop off their kids. a lot of questions remain on the baby's death.

what we know at about 1:30 yesterday afternoon. a staff member here noticed the boy was not breathing. that staff member called 911 immediately. firefighters were the first to arrive but after several attempts they were not able to save the baby's life. the boy's parents were notified immediately and a chaplin was called after that. i spoke with the san jose coroner's office they said they don't believe it's anything suspicious but won't know more until an autopsy is completed. san jose police say there doesn't appear to be any foul play. i spoke with a parent who says the director of the school called her last night and said the child died of sudden death syndrome. >> she told me what happened. she told me basically everything and i -- i felt very, very -- sheer was crying on the phone. i knew at that point -- when she said sudden death syndrome,

it's nothing that none of us can do. >> reporter: mixed reaction from parents. that parent told me that she trusts the facilities with her kids. another parent told me that he's feeling uncomfortable about dropping his child off this morning. preschool staff have yet to talk to us. they are still grieving, they said, off camera. the discovery years is a child care facility and they take infants to 6 years old. it's a licensed facility within the state of california. we're live in san jose, brian flores, ktvu channel 2 news. a $500 reward is being offered to locate a woman accused of abusing dogs. take a look at this video shot by a private investigator who happened to be in the area. it shows the woman violently yanking and kicking three dogs. she was walking yesterday in south san jose. that video was turned over to the place and san jose animal services is investigating. >> what stopped you from saying

something to her? >> it happened over the course of maybe, three, four minutes. i was trying to get -- being a private investigator, i was trying to get some evidence. >> police plan to search the neighborhood today trying to find the woman seen in that video. if you have any information get in contact with san jose police. today, a congressional hearing will focus on the conflicts between state and federal marijuana laws. the hearing was requested after attorney general eric holder changed federal drug laws last month. holder said federal authorities will no thronger interfere while states adopt medical marijuana laws. today, there will be opinions heard for and against legalizing marijuana. 8:39. new information about a fire on sunday in sonoma county that burned a palette fact -- palett factory. it started along highway 121,

south of downtown sonoma and spread to a pallet factory and several rvs. firefighters think the sparks from a chain on a tow truck may have started the fire. the fire protection's board is putting together the bean ginging pieces of a ballot measure. the tax would pay the district's 48 firefighter, and also fund five fire stations. the district could run out of money next year when a federal grant runs out. that grant came after voters turned down a parcel tax last july. 20 minutes before 9:00. governor brown has signed a bill allowing absentee voters to find out if their ballots were actually counted. for the first time last year, more than half of the ballots in the november election were mailed in. some of those ballots were rejected by county offices.

the bill calls for county registrars to create a system so voters can find out about their ballots. they can find out by phone, online or in person. a controversial proposal by the city of richmond to try to buy mortgages from struggling homeowners is gaining support. supervisor david campos of san francisco now says he wants to explore the same option for his city. in july, the mayor of richmond told leaders if need be, she will sell them to force the mortgages under eminent domain. two banks have filed a lawsuit. the council will meet tonight to further discuss the issue. did you know the x-factor is back? pam cook will be talking live to that hit tv show's two famous judges. good morning. right now, we still have slow traffic in many places. highway 4 is taking a while to

ease up. sunny for some. plenty of low clouds around. some of that has been moving far inland. that equals a cooler pattern. we'll have details.

stocks are higher after economic news you and the news of syria. the dow is up 79. the nasdaq is up 15. s&p up 7. instagram is just behind twitter with 2 million users in march. instagram had just 22 million users when it was bought by facebook for $1 billion last year. looking like a pretty good investment. >> yes. hey, sal, 880 doing any better? >> not really. >> i didn't think so. >> we have a backup there. 880 southbound. if you are trying to get to your job in the valley. let's say you are driving to san jose. they are still clearing up this crash on 880 south. i do want to mention that traffic is very slow. it had been slow before the crash. now it's extra slow. they are making progress. it's going to be slow. if you are driving on 880 in

oakland. that's improved a little bit. we have a live picture to show you. southbound has improved anyway. northbound is still very heavy. 580 is not a decent alternate. that's backed up from san leandro all the way to the lakeshore curve westbound 58 a in oakland. we also want to mention that the bay bridge has improved a little bit. that's about a ten-minute delay. once you make it on the bridge, it improves in san francisco. a lot of low clouds in place, some breaks in it. much, much higher today. it had an easier time clearing some of the areas that yesterday were pretty hot although there's been dampness or drizzle. kevin leavey keeps wonderful, wonderful weather records and has really good weather information. .03 in sausalito. there's been a little drizzle. temperatures will cool down. 88 in san jose yesterday. today, 82. oakland from 79 downtown to 72. napa from 90 to 81. livermore from a very toasty 102. we'll go only 90. 67 right now in antioch. 62 in livermore, concord. they are running cooler.

50, 60s. temperatures are close. san jose will go 82. did make it to 57. but 60 right now. 72 at noon. that's downtown if you are heading towards east san jose or south. it will be warmer. san francisco, 58. a lot of low clouds. some breaks. we'll go 65 today. that's down three from yesterday's high of 68. the low cloud deck helped along by a weak low. 60 in ukiah. 64 in sacramento. very cool unseasonably cool, cloudy, with rain down towards the southwest desert. a couple of people tweeted me and said it's been raining now. cloudy and cool. this system will eject out. it looks better. cooler inland today. it will be sunny. the wind has picked up more out of the west. 60s, 70s, 80s for many. then some 90s. probably take another day for clearlake, ukiah, vacaville. usually they are the last to see a cooldown. 90s in the interior.

70s around alameda, berkeley, san leandro. 80s for many. maybe a soft 90 for gill ray. bis brain, woodside, palo alto, 80 and mountain view as 79 degrees. don't forget menlo park and atherton. dan is visiting from thailand, my good buddy. he's back in town for three weeks. thursday warmer. friday we'll cool it down as we go into saturday and sunday. firefighters are making progress on that huge fire at mt. diablo. we'll have the latest numbers from calfire that came out just hours ago. we'll be right back.

the scp. factor is back -- the x factor is back with feign favorites. season premiere tomorrow night. the excitement is building in los angeles. we want to take you there live this morning. we're joined by demi lovato and kelly rolen. thank you for joining us. >> good morning. >> hello. >> pretty exciting. simon will be surrounded by some serious sex appeal, surrounded by ladies. is that the plan? >> yes. you know, we rule. it's the year of the woman. >> girl power! >> we're not playing this year. >> i think there will be interesting interaction, i would think.

>> yes. absolutely. we're breaking a show and we're not giving him an easy time. he knows it. he's like what have they done? >> the difference about xfactor there's no upper age limit. how do you think that helps or hurts the show? >> i mean, i think that it gives people an opportunity for the -- for the moment that they feel like they miss, it's given back to them or that they possibly didn't believe in themselves at a time or you just never know what happened with that person and you give them another shot. america gives them another shot. >> talent is talent. i really believe that age doesn't matter. we have a 54-year-old woman who is just so unbelievable and she was never given the shot. >> same with jeff. >> exactly. >> jeff, he's incredibly talented as well. they haven't been given that shot. talent is talent.

>> i think for all of us, we know that confidence grows as you grow older, typically for all of us. >> absolutely. you know, you can be a spring chicken but, of course, nothing wrong with spring chickens but we love of us some fine wine. >> well, said. well said. xfactor touts one direction and emblem 3 is touring with selena gomez. you saw some of the auditions. do you see the next big thing in there somewhere? >> absolutely. >> absolutely. we have several acts that groups and soloists -- we're not gonna have one winner this year. i really believe that so many people from the season are gonna come out of this and have long-lasting careers. there's one group in particular, two groups actually that are so unbelievably talented that they -- i mean, i

-- i definitely see a future for them. >> i love them. >> so exciting. >> a little teaser of that coming up. and you two have a lot of experience -- it must be tough as a judge, though. you are changing people's lives. >> i mean, you think about the fact that -- shoot, when we first started to come up in the music industry and how people had something to say. how some people didn't have something as constructive to say to you. it was probably tearing you down. we're here to build up and have fun, above anything, and give them all of the knowledge that we've accumulated in the years that we've been in the music industry. and just be there for them. you know, along for the ride. this is only the beginning. what's so cool our talent, we're so excited now. but a lot of them are just scratching the surface. so it only gets better as we're watching them in this progress on the xfactor this year.

>> very exciting. thank you for joining us this morning. >> thank you. >> thank you. ing sure to tune -- be sure to tune in. >> we will. can't wait to see the excitement. xfactor returns, season two, tomorrow night at 8:00. let's bring you up to date on some of the other top stories we're following for you -- of the other top stories we're following for you -- calfire released some of the numbers on the mt. diablo fire. firefighters are making progress. it's now 45% contained and due to better mapping, the adjusted size is now down to 3200 acres. also we now know the name of the man killed in an overnight apartment fire in berkeley. neighbors say the victim was 56- year-old andrew goodwin. they say goodwin was a professor at usf. the fire is being investigated. but neighbor says he was known

to leave candles burning. and president obama will agree to a united nations security council discussion on russia's proposal for syria. syria says it will hand over its chemical weapons to try to prevent the u.s. from taking military action. president obama is scheduled to address the nation about his plan for syria tonight at 6:00 p.m. ktvu will carry that speech live. 8:55. talks between b.a.r.t. and its unions are scheduled to resume today with just four weeks left to avert another strike. the two sides met for the first time since a judge ordered a cooling-off period, 30 days ago. b.a.r.t. and the unions are still far apart on pay, pensions and healthcare costs but the issues won't be discussed until next week. the mediator set the schedule. they felt that they weren't -- the parties weren't quite ready to negotiate, sit down and negotiate. unions say they will call a strike if no deal it reached by

october 10th. that's when the cooling-off period expires. it's ticket tuesday. today's winners will get to sing along at the broadway premiere of "beautiful." three lucky viewers will win a pair of tickets to the september 26th performance at the kirren theater in san francisco. go to ktvu.com before midnight, put in the secret word "stardom." >> i've been banned from sicking -- singing in public. your wife can sing. >> my wife can sing. let's check in one more time with sal. is traffic heading down before you head off to your next assignment? >> i'm going to the morgan fire. let's take a look at the bay bridge. that commute is about a ten- minute delay. if you are driving on 880 northbound, you will see slow traffic getting up to downtown oakland. in san jose, it looks like

we're getting clearance on the way to cupertino. let's go to steve. a lot mere fog today. 60s by the coast. 70s around the bay. 80s and 90s inland. but mainly low 90s. temperatures cool off wednesday. a little warmer thursday and friday. >> that's our report for this morning. we thank you for making ktvu your choice for news. >> be sure to watch the noon news for more on the big announcement from apple. we're always here for you at ktvu.com and mobile ktvu. thank you for joining us. ♪ ♪ ♪ ather? for an amazing deal, and i love that designer. [ shopper ] you paid how much for that? [ female announcer ] two stores.

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hello, everybody. if you're looking for great videos before they go viral, this is the show for you "right this minute." tag team racers are tearing it up until -- >> ooh! >> they roll this thing. >> see the near death drama in the desert. >> jail cameras catch an inmate. the story behind the easiest, shortest escape ever. >> he makes things explode. and now rated rr has a new toy to destroy. >> i