rain. you don't see fires that often in december. 68 degrees, 17% humidity um. humidity increased. into the evening hours we have a westerly flow and that will help firefighters as well. there is big sur. the fire is here. clouds are indicating a south westerly flow, pushing more humidity into the area, rugged and tough terrain. it will help things into the evening hours. we haven't seen rainfall in the bay area in a while. when i come back we will talk about the fire, and your warm up and how much warmer can it get. >> the last massive fire in big spur was 5 years ago. we pulled this video.

it shows the basin fire sparked by lightning, 2008. it took more than a month to contain. -- month to contain. it destroyed 27 home and burned 257 square miles after a merged with another wildfire. it is one of several wildfires sparked by lightning and one of the largest in our state's history. when he will we work on getting our team on the air we are posting updates on twitter @ktvu. months after a teen was killed by a speeding car the driver of the car is facing felony charges. ktvu's david stevenson with more on today's new developments and what he learned about what the driver told police after the crash. >> reporter: 2 months after this deadly crash, prosecutors announced felony charges for the driver who is responsible. >> this is a case that we have a tremendous amount of concern.

>> reporter: jennie zhu faces voluntary manslaughter and reckless driving in the crash that took the life of kevin san and sent his mother to the hospital with brain and spine injuries. investigators say video shows she was driving her suv at speeds above 70 miles per hour three blocks before the collision. her lawyer told ktvu she is devastated. jennie zhu told investigators the suv accelerated and said she did not remember knocking an attempt to push the break -- making an attempt to push the break. investigators brought in a engineer to examine the suv for defects before prosecutors decided to file charges. >> i don't want people to think that she would end up knowing to prison for 7 years, we just don't know at this point. >> reporter: groups are

stepping up to help the family. they presented them with a check to help with medical expenses. >> the family is struggling with the death of the 16-year- old and also mom and sister. >> reporter: her attorney did not return our calls for comment. she is out on bail and set to be arraigned on thursday. david stevenson, ktvu channel 2 news. right now david is speaking to kevin san's family and getting their reaction. he is putting that part of the story together for us for the 6:00 p.m. news. police say they believe they know how a man was killed while riding a scooterane parking lot. -- scooter in a parking lot. the body was found at 4:30 a.m. this morning. the body was near his scooter. investigators say he was riding through the parking lot when he

lost control. he hit a serb stop and he wasn't wearing a helmet. new at 5:00 p.m. a fire report in the wake of the chevron refinery fire that proses changes decided to -- designed to prevent future disasters. ktvu's patti lee is live. are the changes feasible? >> reporter: that is to be determined. today they proposed proposed the state over haul the way they regulate all 17 of the refineries across the state. the 2012 fire, they said that was preventible. after a 2007 fire here workers told the company about potential hazards. the system required chevron to draw up recommendations to address the issues but it didn't require it to act on them and 5 years later fears came true. a new system called safety

case, it requires input from workers, the company and regulators and make a plan to reduce all risk. but the difference is if the company does not implement what is agreed upon they could shut down operations. >> i believe it will take a lot of work. i like the effect where workers are given more power to be involved. >> reporter: finding regulators who understands the plants. the state approved funding for 15 investigators. they filled two positions. right now there are only 7 regulators applying. reporting live, patti lee, ktvu channel 2 news. a real mess today at san

jose airport after a water main break and the break triggered the sprinkler system. ktvu's robert handa is here with what happened and what the situation is like right now at the airport. robert? >> reporter: it is still frantic but things are getting back to normal. officials hope to expand services at some of the facilities that got flooded and help travelers stay on schedule. >> reporter: work crews are getting a look at the damage caused by a calm calm this morning -- water main break this morning at san jose airport. after 2:00 a.m. a water main burse connecting terminal a to the parking garage. the hot water temperature set off the fire sprinklers. >> you want water down the stair well, the escalators and it was spreading out. >> reporter: even though it happened 4 hours before the

first planes were to take off, one flight was canceled and several delayed. >> unexpected. wait, what is going on? >> reporter: that is what airport officials were asking as well. their priority was to make sure travelers could make their way. >> we have inches of standing water in the areas right now and crews are cleaning it and trying to get the areas back open. >> reporter: before 9:00 a.m. a check point lane was reopened reoped. >> -- reopened. >> it didn't effect us too badly. >> reporter: many people said the holiday travel approach of getting to the i. early helped. -- to the airport early helped. at 6:00 p.m. what long term concerns it

raises. robert handa, ktvu channel 2 news. a man with a bb gun caused a scare this morning at elementary school. a passerby spotted a man holding a gun in a yard. police officers found the gun and determined it was not a real gunt it could have been mistaken for a rifle. the school was about to go on lock down when police gave the all clear. the 18-year-old who opened friday at a high school was heavily armed. police say karl alverson pierson wounded a classmate who remains in a coma. one stupidity wrote a note on -- student wrote a note on his hand in case he was killed. >> i wrote i love you so they knew i was thinking about them. this is the one i used to write

the note on my hand. >> karl alverson pierson set off one of two mall toff cocktails and then killed himself. the numbers are in for a gun buy back program in san jose over the weekend. hundreds of people dropped off weapons saturday in exchange for gift cards. 445 weapons were turned in. 7 were assault rifles and they still have $7,000 in gift cards left over. they will be use for a future gun buy back. one university on edge over a alarming trend, the warning from police after a spike in robberies steps away from campus. >> could the antibacterial products be doing more harm than good? the new concerns. >> friends and family of a missing pilot are still holding

out hope. >> hopefully there is a sliver of hope. >> the efforts to find him and four others after authorities call off their search. >> after the break, warm temperatures, how much longer will they stick around, after the break. avo: the volkswagen "sign then drive" sales event is back. which means it's never been easier to get a new 2014 jetta. it gets an impressive 34 highway mpg and comes with no charge scheduled maintenance. and right now you can drive one home for practically just your signature. sign. then drive. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends

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back now to our developing news, 15 homes have been destroyed by wildfire that is burning in big sur. it is burning west of highway 1. the highway right now is still open but the chp is monitoring conditions and activated signs advising people about the fire and possible delays. from here you can get a sense of how close the fire is to the ocean. you see it down there. we are continuing to follow

this story throughout the newscast as well as on www.ktvu.com and we will keep you updated. authorities are trying to identify the body of a man found this afternoon. the victim was found where the railroad tracks intersection at hopper street, west of highway 101. the man showed no signs of trauma. they will conduct an autopsy to find ow how he died. two weeks since a plane disappeared in idaho. police and rescue agents abandon the search, friends, relatives and strangers have not. ktvu's rob roth spoke to a man who just returned from searching. >> reporter: this engineer showed us photos he took from the idaho back country. he returned from a week in idaho, they were searching for their friend dale smith and his four passengers. >> he was a guy if it was any

one of us, one, period, he would have been out there. >> reporter: brianna sifford was was -- dale smith was flying when he reported engine trouble over idaho. he said the turene is mountains and they needed snow shoes to get around. they saw no signs of the plane. he is one of a greeing group of similarities assisting in the search since law enforcement pulled out. his partner says the families still hold out hope. >> everybody is holding out. i think that is where everybody is out. >> reporter: the family created a website devoted to search efforts that involve satellite images of the area. >> there is 1600 people doing

the searching right now. just all kinds of tagging. everybody is looking for leads. >> reporter: they say if anyone can survive he can. in san jose, rob roth, ktvu channel 2 news. the verdict is in for a lawsuit involving led paint in bay area homes. a judge ruled against them. the court ordered the companies to pay $1.1 billion to replace or contain led paint in homes. the suite was filed by 10 california cities. the trial lasted 5 weeks. the judge dismissed claims against two other defendants. a judged said the national

security agency surveillance program is unconstitutional. the judge put the injunction on hold so the nsa could appeal it. he said it appears to violate the 4th amendment. twitter is experiencing with a teacher. an app called nearby and is available to people who gave twitter permission to see and display their location. the top half show as map with icons for tweets. by tapping on the icons tweets show up. some believe twitter is trying to gain data about user locations for advertising. facebook is making easier to donate to charities. the company rolled out a feature that allows for a

donate now button for non- profit organizations. users who purchase something on facebook can donate with two clicks, otherwise credit card information would need to be entered. officials are calling for a 10th connective winter the spare the air alert. air quality is expected to reach unhealthy levels again tomorrow because of dry and stagnant weather patterns. that means the burning of wood or any other solid fuels is banned unless it is your only source of heat. more now about our weather. last year -- week it was freezing. this week fantastic. >> last week in the 40s. today highs in the upper 60s and 70s. high we got from the national weather service. 67 was the high today in napa. 71 morgan hill. 71 oakland. this is a big departure from last week. remember how cold it was.

over night lows warmed up as well. clouds from the south. they are going to give us a nice looking sunset or did tonight. and will begin a cooling process. cooling down tomorrow. highs today will drop down a couple degrees tomorrow. cooling fast. 56 concord. 58 walnut creek. coming up on the shortest day of the year, nights are long. over night lows tonight, mid- 30s. low 40s. cold. you will see frost inland but not a ton and not as cold. cooler tomorrow. another spare the air day. slight chance for light rain in the forecast. nice if that happened wednesday and thursday. we will show you that here. spare the air day, we had 10 in a row.

here they are. spare the air night. air quality alert, the burning of wood or any other solid fuels is banned unless it is your only source of heat. tonight partly cloudy. tomorrow hazy sunshine. and extended, cooler with gusty winds. beautiful night. sunset was stunning. highs in san francisco tomorrow, mid-60s. you start off upper 40s. more seasonal. warm on this end. over night lows, san francisco over night lows in the 30s. now 40s. highs tomorrow, 65 pleasanton. 65 livermore. 67 morgan hill. 67 gilroy. coming up on 70 degrees. you might pop a 70 degrees. most of us 60s. temperatures continue to trend down from there. high clouds tomorrow. 68 on the high end. 61 degrees wednesday. big drop off. that is when we have the over night chance for showers. wind as well as the winds come

on shore. that is why temperatures go to low 60s back into the 50s and friday, saturday and sunday temperatures elevate again. over night lows on the cool side. well warmer than they were last week at this time. when i come back, i will look for rain and show you how it plays out. the rain chances wednesday and thursday. >> thank you. a look now at what the new stadium for the a's would look like at the port of oakland. they are heading a new stadium proposal to keep the a's from moving and this is a rendering of the park. it would be located at the port of oakland and would seat 38,000 people and there is another proposal to build a new staidiant at the current site but the owner wants to move the team to san jose despite challenges from major league baseball and the san francisco giants. the 49ers levi stadium lost

its bid to host it college national championship game in 2017 because there aren't enough hotel rooms in the area and the stadium doesn't have a track record when it comes to hosting big games. instead the ncaa has chosen the home of the buccaneers. in january 2015 the ncaa will begin 14 tournament to decide the national championship. the first year the championship game will be in texas. the second year in arizona. up next, no notice, no problem. record sales of beyonce new album and the one chain store that is refusing to carry it. >> the new technology you can take advantage of the next time you are on san francisco's market street. >> a woman facing charges for a crash that killed a teenager in san francisco, what the victim's father told us about the sentence the driver could face. >> and calling california a

modern for growth, the turn around governor jerry brown touted. we will have these story and more coming up at 6:00 p.m. @

protesters gathered outside the san francisco headquarters of sales force, inside mayor ed lee was holding a private meeting. the protesters said the mayor

should stop giving tax break to tech companies and they were upset because no union leaders were invited. market street has something new and it could be important if you have a laptop or a smart phone. >> we have wireless technology free to the public. also not filters, you can use it anonymously. >> they unveiled free wifi service. the city already has free wifi in 31 public parks and hopes to have it in housing projects as well. >> making accessibility to everybody in the city is important to us as we roll out more and more of what i think the connectivity for a future. >> the company eprovided the --

provided the company. it is expected to cost the city half a million dollars. recall has been issued for televisions because it is possible they could catch on fire. >> 8 retailers recalled colby 32-inch televisions. a component inside can fail causing the tv to catch on fire. best buy, sears and 23s are us -- toys r us. beyonce debut record shatters records on itunes. [ music playing ] >> the album united states united states was released without an announce -- the album u.s. album -- the album beyonce was released without an announcement but target said

the digital release will hurt in store sales. spike in crime near one bay area campus. >> 7 robberies in four days, what the crimes and the victims had in common and the warning berkeley police plan to hand out. >> and later santa causing controversy, why santa became a hot topic and why it could cost a teacher his job. >> millions spent in afghanistan but not for combat, your taxpayer dollars are being spent on trash. avo: the volkswagen "sign then drive"

sales event is back. which means it's never been easier to get a new 2014 jetta. it gets an impressive 34 highway mpg and comes with no charge scheduled maintenance. and right now you can drive one home for practically just your signature. sign. then drive.

get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends january 2nd. visit vwdealer.com today

good good good. officials are questions whether antibacterial soaps could be doing more harm than good. the food and drug administration said there is no evidence it is any more effective against germs than soap and water. the fda said tests show long term exposure to chemicals could cause health problems. >> there are concerns about the impact they might have on hormones, muscle function, on allergies, on asthma. the fda wants antibacterial soap manufacturers to prove their products are safe and

effective. a family saying good-bye after a teen goes into the hospital for routine surgery. >> we don't have the option of saying we want to keep her on life support. >> what they say went wrong. >> plus an update on the fire burning out of control not far from the bay area -- >> coming up after the break, warm today. there is a chance of sprinkles in the five-day forecast. we will talk about that and your bay area weekend, see you back here after the break. yes you did. yes you did. no i didn't. no i didn't. yes you did. yes you did. no i didn't. no i didn't. did not. yes you did. [ male announcer ] find some peace this holiday. get an 8 piece meal, any recipe, with a dozen cookies baked in-restaurant. the kfc festive feast. that's a lot for just $19.99! today tastes so good.

this next story is hard to imagine, especially if you are a parent. a routine surgery left a teenager brain dead. she went to children's hospital for a tonsillectomy, she now just hours away from being taken off life support. ktvu's john fowler is here with new information about what went wrong. >> reporter: right now family tell me they will spend the night here at the icu at her bed side but that against their wishes he will be taken off life support tomorrow. >> reporter: week ago she was in children's hospital after a tonsillectomy procedure. the family says tonight she is brain dead. >> we are preparing to say good- bye to her tomorrow due to the declaration of legal debt, we don't have the option of

keeping her on life support. >> reporter: he says 1-25,000 tonsillectomies the patient may die. >> pros and cons need to be thought through but this is a procedure that is relatively safe. >> reporter: fewer children are now having it done although it could improve sleep apnea. complications are rare, including post opbleeding -- post opbleeding. -- op bleeding. the hospital said the family requests we do not share details about the case. the family says there is no decision on whether to donate her organs.

brain death must be determined by two different doctors running two sets of different tests three hours apart. john fowler, ktvu channel 2 news. a controversy in a classroom over santa claus' race left a student crushed and his family accusing a teacher of racism. a 14-year-old boy was challenged by a teacher. the teacher told him who is black he couldn't be santa because santa claus is wife. the father said his son is embarrassed. the teacher apologized but the father said the teacher should be fired. >> for him to make a comment like that, there has to be privilegedous in him. -- prejudice in him. >> the school district said the

appropriate disciplinary action has already been taken against the teacher. the mega millions jackpot continues to grow. this has been growing for 21 drawings. making it the longest stretch without a winner. it is estimated at $586 million for next tuesday which is just shy of a record $656 million last year. officials say new rules make it easier to win a smaller surprise but harder to win the big jackpot. back now to our developing news. the wildfire, 500 acres have burned. it started before midnight. hundreds of firefighters are on the ground and helicopters have been getting water from the ocean. at this point a dozen homes have been destroyed. people who live in the area have been evacuated and helped

by the red cross. >> you talking about a fire. it illustrates how dry it has been around here. you know that, rainfall percents below average. you are seeing high clouds that will filter in tonight. that gave ospretty sunset. -- gave us a pretty sunset. if you go to facebook there is sun sets there. temperatures tomorrow like today, accept cooler. clouds cooling off a little bit. more high clouds tomorrow. not a ton but more. a cool night. not freezing. no frost advisory. beautiful night. another spare the air night, the 10th spare the air night in a row. this sticks around tomorrow. weakens tomorrow and

temperatures out of the 70s. back into the mid-60s and upper 60s. it will be cooler tomorrow. and cooling ramps up wednesday and thursday as the winds kicks up. slight chance for perhaps a sprinkle. we will hope for some. here we are tuesday in the evening. tomorrow night. the fog comes back to the coast. enhanced because of the weather system. wednesday 9:00 a.m. and watch what happens. here comes blues and greens here. that is the system. here we are, wednesday, 8:00. after the commute you will see the clouds increase and there is drizzle. the model may increase showers into the next model run. i will have that tonight at 10:00 p.m. ask then it clears -- and then it clears out thursday and warmer highs and dry. 62 in fairfield tomorrow. 64 brentwood.

65 in the fremont area. 66 in mountain view. 65 in san jose. like today just not as warm. the five-day forecast with your bay area weekend in view here is your best bet. wednesday night and thursday morning. wind too. wednesday night, thursday too. wind. bay area weekend, temperatures warming up again. stays dry. that is not what we want but that is what we will get. it will be dry this 5 day and next one. >> the water agents is looking at cutting back the number of water it releases into the russian river. water officials say they need preserve water levels. local staff members are expected to meet today to discuss the situation and to pave way for the state to okay the cut back in releases to the russian river. millions of taxpayer dollars wasted in afghanistan.

>> we never used it. >> the piece of equipment one group says was paid for and never worked. >> 70 miles an hour on city streets, crashes killing one teen, what the charges the driver is facing. >> what governor jerry brown said california did right in the past couple years that he says america is doing wrong. these stories and much more coming up new at 6:00 p.m.

san francisco's bomb squad used a water canto break apart a box expected of being a bomb. it started at 8:20 a.m. this morning with a report of a suspicious package on howard street. officers called in the bomb squad and they shut down howard. the box was 3 feet long, 2 feet wide and 2 feet tall. it is unclear what was inside. workers were allowed back in at 11:20 a.m. this morning. if you went to the post office today it might have seemed busier than usual. this is the highest mail volume day of the year. they are expecting to handle 607 million pieces of male today. the revenue helps it deal with

its finance problems. >> we would like to see this continue throughout the year but we know this is our peak mailing period. >> officials say you can get your first class letters and cards to their destination by christmas if you mail them by friday. the last day for private male to arrive is monday. worker productivity rose 3% in the 3rd quarter. that is the biggest increase in 4 years. labor costs fell and hourly wages were up. the good news follows reports that growth during the same quarter was higher than previously expected. millions of dollars wasted and the health of u.s. troops put at risk. that is what the government's watch dog for spending money in afghanistan claims was happening with trash. the report from washington on projects that were never used being torn down.

>> reporter: tons of garbage burning in a pit at this u.s. military base in afghanistan. a tax pair purchase incinerator was next to it. the problem according to an investigation, this never worked and was never used. >> it is a waste. >> reporter: he is the u.s. special inspector general for afghanistan reconstruction. >> $5.5 million spent, we never used it. >> reporter: he showed you this building in afghanistan paid for by tax dollars but never used. the incinerators are troubling because of the health hazards for u.s. troops breathing in fumes. >> not just a waste of money. >> reporter: she died in 2000 -- he died in 2009. his family thinks it is was from the fumes he was exposed to in iraq. >> we see a lot of people who were stationed near burn pits,

inhaled the smoke, got sick and then got sicker when they got back. >> reporter: i reached out to the pentagon, they said all business in afghanistan have closed their burn pits and used alternative means. they found three u.s. bases where the incinerators never worked. they just received the investigation and they are reviewing the results. reporting in washington, justin gray, ktvu channel 2 news. there is new information tonight about that fake sign language interpreter at nelson mandela's memphorial. in 2003 -- memorial service. in 2003 he was part of a mob. he says he served from

schizophrenia and essentially suffers from schizophrenia and makes medication. wildfire in december, tracking the fight at this hour to surround a wildfire that already destroyed several homes. >> a 16-year-old killed, now the driver faces charges. the teen's father tells us what he thinks about the case against the driver and the key to economic recovery. the three things the governor says california is doing right that the nation is failing at. >> complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00 p.m. the woman that caused this crash faces criminal charges for the death of a 16-year-old. we are hearing from the boy's father about the punishment the driver could face. hello. i am gasia mikalian. >> and i am frank somerville., julie haener is off tonight. >> the driver killed kevin san

and his sister and mother were taken to the hospital with serious injuries. ktvu's david stevenson spoke to kevin's father to ask how the family is recovering. david? >> reporter: the family is struggling but they are looking forward to recovering from the crash. >> reporter: he says his family is trying to move forward. [ speaking foreign language ] >> devastating. i lost my son. almost lost my wife. >> reporter: kevin san was killed killed when the van driven by his mother was rear ended by a suv going more than 70 miles an hour. prosecutors announced the driver jennie zhu will face felony voluntary manslaughter and reckless driving charges. >> i think -- i hope she will get what she deserves. >> reporter: the mom