for the university. >> reporter: so instead he represented this four story 16 room mansion for the oakland hills big enough to live in and host the parties and functions of his office. the cost, $13,365 a month. >> but it needed some work. for one, they had to install 12 phones, then the elevator didn't work costing another $19,000. and fears about animal rights activists meant another $120,000 for a new security system. then came a beef with the landlord. then various protestors upset at uc showing up at his doorstep. next thing you know you dove was once again on the move. this time over the hill to lafayette. >> in a larger sense the house wasn't a good fit as it turned out. >> reporter: while they were looking for his new diggs you dove and his wife spent three weeks at the swank clermont hotel which even at a discount cost 8,000. >> to see them spend over $8,000 on three weeks stay at the clermont hotel, well i've got to take a 5% cut, my co- workers, there is something wrong with the math. >> not one time of taxpayer money was spent on this house, this was all out of the fund calls the certainly's fund which dates back to the 1920s money left to the university for exactly this purpose. >> reporter: but like a lot of uc students ricardo gomez asks. >> how many students could have paid their tuition with that money. >> reporter: and if that wasn't enough the landlord in the oakland mansion is now saying he wants to keep his damage deposit plus he is asking for $45,000 more saying that the university and the president hung up so much art on his walls that he wrecked them and wrecked the hardwood floors as they were pulling out. this is one of those landlord tenant disputes those students might face but this one could go up to the six figures. dana. >> maybe it's a good lesson in lawsuit school too. it's the spirit of spending that people have a problem with phil and where does it stop? they want to nowhere does it stop. >> and the spirit also here is they say look, chancellor, presidents, they get these kind of abodes in parts so they can raise money to raise more money for the uc. that gait goes round and round because around here they say money is money too and we could use every dame no matter where it's going or from. >> phil ma tier, thank you so much. also in berkeley the first institution of its kind in the nation is about to open their doors and open them to controversy. we a preview of the first muslim university. >> joaquin county a workman gets the room ready for the first class of the first islamic four year liberal arts college in the united states. it belongs to the american baptist seminary west. 15 students attended an opening convocation on the christian seminary's berkeley campus earlier in the day. the first class has 6 african- americans, two caucasians, three americans, arab americans. >> we have ethnicities that reflects the muslim population in the united states. >> omar nah vyacheslav kozlov, a high-tech electrical engineer, says the college will provide a full environment of religious education and religious education. >> i think it needs to be part of their life because islam teams them how to treat other people and respect people, teaches them about honest and just general character in day- to-day dealings. >> reporter: islamic college opening comes and debate rages over a mosque in new york city. they say they have been very supportive. >> if you go back to our country's first principles it seems very appropriate that a religious institution be allowed to operate anywhere that is consistent with local zoning regulations. >> definitely feel that freedom of religion is in the constitution so i'm definitely for that. >> reporter: there are schools for other religions, he says it's time for an islamic school. >> what you will see is we have a lot of support here and that's really what is great about this country. >>st immigration lambic university or college will offer two degrees, one in islamic law and theology and the other one in the arab language. this is a privately funded school, no public money is involved. >> i'm wondering, do students have to be practicing muslims to attend? >> in fact, no, and you don't have to be a practicing muslim to be teaching there, but you do have to have about a 3.5 grade average. >> all right. you got to be smart. that's good. don knapp, thank you very much. in the meantime in new york city one organizer of a proposed mosque two blocks from ground zero says project leaders might eventually be willing to discuss an alternative site. over a weekend dueling demonstrations were held at the site of the planned islamic center. opponents say it is insensitive to build such a facility so close to the world trade center, supporters chanted "say no to racist fear." san francisco police say they now have a suspect in a strange attack that happened upon a dog. thursday afternoon at fort tungsten a woman was walking her dog when a man with a pit bull asked if her daughter was neutered and started stabbing the dog. the animallent wonder surgery, witnesses helped identify 33- year-old suspect they say they plan to make an arrest this week. meantime san francisco police want you to take a good look at this girl. 14-year-old tiffany alvarez, they think she ran away with a man in his 30s that she met on the social networking site myspace. her parents first reported her missing on saturday. they think she and the older man known as gino may have gone to houston. and breaking news from contra dos take, a grass fire is burning near highway 14 near antioch. this is just a ground shot, you can see the smoke off in the distance there. this is has gone up to a two- alarm fire. we have chopper 5 headed that way but again in antioch. the grass fire. we'll have more on it for you a little bit later. >> it has been a sad day around the cbs5 newsroom. bay area broadcast legend and our friend dave mcelhatton passed away this morning at his home in southern california. wendy take queued a one of his could anchors for many years joins us with fond memories. wendy. >> 50 years on the air. radio and tv. no one else has ever done that. he was every bit as decent and down to earth as he seemed. never took himself too seriously, in fact if anything the opposite. he was always sort of amazed that he got the job. my colleague kid kelly also shared the anchor desk with mac. here is her look back at his career. ♪[ music ] >> reporter: the man would would one day be the voice of san francisco was a bay area boy through and through. dave mac ill hat on the grew up in oakland during the depression and went to fremont high school. he watched from his father's shoulders when amelia ear heartlanded at san francisco airport. which sparked one of his two passions, one flying, his other broadcasting. he used his gi bill monday and two weeks after earning his broadcast degree in 1951 he landed his first job at kcbs radio. >> it all comes with mac ill hat on the. >> it wasn't long before dave thought to stardom. >> are we missing something. >> known as more on radio 74. >> oh let's keep that in. >> knute man al heart worked as his producer. >> he was so funny, quick- wilted, and that's why that period of radio back there in the 50s and 60s was so much fun because we could do whatever we wanted to do. >> david my boy. >> oh, heart, the sunshine pan zsa of the sunset. >> david, don't you think we should begin at the beginning. >> a very astute observation allan. >> but after 25 years at kcbs mac flipped the switch and made the move to tv. at cbs5. a critic at the time called it either a flash of genious or an incredible blunder. some of the new technology was a challenge but dave met it with a smile every time. >> eyewitness news, with dave mac ill hat on the. . >> he wasn't a young guy, wasn't handsome, wasn't perqy and energetic, mcelhatton, kill her humorous, occasionally sharp witted but usually when he did was talking about himself, never cruel, he was glib but he i can't say never mean spirited. >> harry fuller produced dave's first television new cast and later as news director and general manager was there for some of the biggest moments. >> the bay area is a sadder place whether or not you shared their beliefs. these two leaders had a zest for life. while jim jones and most of his flock may be dead, tonnage our news the worst disaster in ... >> here comes a footage of the bay bridge. there is another aftershock just rocked this building. >> mcelhatton was unflappable. i watched him work through the '89 earthquake, i watched him through period after period of election coverage when we would go on and on for hours and hours without a script. >> he was just rock steady. and i was nervous and green and insecure and he was so generous. >> wendy take cute a shared anchor duties with dave for more than a decade. >> it was a special relationship and it doesn't happen very often professionally at all. and when it does happen it's really something. >> the 50th appeal investors reof the golden girl. and we have a beautiful view here from sherman house. >> what you saw really was him. he really was that nice. in fact he was nicer, and he really was that warm and he really was that genuine honest person that people saw. >> joaquin county from the big stories. >> i'm dave mcelhatton in front of the clinton/gore national headquarters. >> to the off beat. >> i think they are trying to put a wedge between us mac. >> what a cheesy thing to do. >> really. we went to this b.a.r.t. station to get some random reaction. and a broken leg. >> mac covered it all before he retired in 2000. >> the real story tonight is this is my final newscast for eyewitness news. >> reporter: to, in his words, take some time to just really have fun. he and his wife moved to palm desert where he enjoyed the sunshine. a little golf. but mostly visits from grandchildren and the occasional former coanchor. he left the big stories to us and took our respect and our gratitude with him. he was the bay area's best. he was the bay area's anchor. >> here we are at the lookers' ball. only in san francisco can you have such an affair, sound like i may be having an affair in just a moment. ♪[ music ] >> add good night and good luck from all of us at eyewitness news. made the news something i wanted . and a lot of you are sharing your own memories of mac. eddie writes, he made the news something i wanted to watch. we need more max in this world. they said he always came across as a kind and friendly voice no matter how difficult the news. from steve miller, no, he did not have the typical look of an anchor man but that was part of his unique appeal. and from bree add. "we are proud to call him one of our own." there is a scholarship fund setup for broadcasting students in his name at san francisco state, his alma mater, if you want to send a gift in his memory you can find a link in our story on cbs5.com and you will also find it underneath links. you know, i love seeing the picture of him with karen in a, when he wasn't in astute, because you think mac always wore astute, he was always so dapper, so well-dressed. he was the consumate anchor. when he was in the seat. >> yeah. >> he was in the seat of authority and he was gracious and kind with his time, his intelligence. >> you guys were very lucky to work with him, i met him. i was in monterey and he said keep at it kid you're doing a great job. that meant to world to me because of who he was. >> the night the earthquake happened and he was just naturally kind of grabbing of hands, he was that warm, and everyone remembers the elmer .500 hat. this was mac on his first, his first newscast. >> he was very funny. and that did come out in the broadcasts. >> oh, he was hilarious, he was hilarious. but, behind the scenes, he was even more funny. i mean he could turn a phrase and -- >> a little almost straightjacket in our television, radio i think people got a truer sense of him because you could go for hours. it was such a shock for him to come to tv where he had only a half hour or an hour and less than that really. >> right. wrap it up. the other thing is mac started in the business when it was a boys' club and he worked with all these women. >> but he loved strong women. >> yeah. >> and was so supportive in, you know, i was like "oh my god" and he would go"you are doing great," i wasn't even 30, i was 28. >> he was a very generous could anchor. >> one of the things i thought was a real key to, insight into why he was so kind, his aunt was blind and lived with him and at a time where blind people wouldn't go out and he would take her arm and take her out. >> take her out. wow. >> he was a gentleman's gentlemen. he will be missed. he had been missed here for the last ten years. >> yeah. >> wendy, thank you so much. appreciate your thoughts. >> thank mac for all those wonderful times and those wonderful memories. >> yeah. well we want to leave you with one more clip. it's mac on the day he retired. >> i'm terrible at good-bye but good-bye it is and as i used to say on the 11:00 news good night and good luck. ,,,,,,,, i inherited my father's '69 norton commando. it's been a dream of mine to restore it. and it's my dream for him to finish it. frank has something great to save up for. this is my dad. isn't that cool? and a very understanding girlfriend. i showed him a wells fargo savings account with my savings plan. [ frank ] and what it does is it takes a little bit of my money and puts it towards my goal. i want to get all the original parts and do it right. for my dad. there's a couple months in between parts. so, one at a time. [ male announcer ] wells fargo. with you when it's time to save. ♪ . a little more information on this breaking news we brought you near concord a little bit earlier, this grass fire now burning near highway 4. it's in unincorporated contra costa county at san marco we're told right along highway 4 there. this smoke, of course a lot of people in the area can see the smoke. the homes far away, none of them threatened. 5 acres so far we're told. the grass fire, we'll have a crew on the way so we will bring you more information. you can see what it's done to traffic this rush hour, and our fire danger has been pretty low because it's been a pretty cool summer over the bay area, that changed today. >> it sure did. hot temperatures have triggered spare the air days both today and tomorrow. thuy vu is in san jose where the heat made back to school a bit unbearable for the little tykes. thuy? >> yeah, you got that right dana, pretty ironic, summer heat is finally here but summer break is over. today was kind of day that makes you want to go out for ice cream or jump into a pool but, nope, most kids spent today diving into their lesson plans. >> reporter: ah, looks like summer, feels like summer, but wait. kids are back in school instead of enjoy the kind of hot weather they should have had during their summer break. >> i wish we had one more week of vacation for the kids. >> reporter: so they could enjoy these hot temperatures. >> they can enjoy these hot temperatures. >> reporter: far from business as usual, more than like a double whammy. not only did they have to be in class, they couldn't play outside on this spare the air day. >> spare the air is mostly related to hard breathing and that's why you're not outside today. >> reporter: it was too hot t play structure was off limits. >> this should be warm, warmer than anything else. >> oh. >> reporter: the slides were like cook tops. >> begin. one-two-three one, one-two- three two. >> reporter: at casto letter oh middle school the heat also triggered a change in plans. >> we'll make sure we modify p.e. activities today so they will be doing some catching and throwing, light types of activities today, making sure that the students are getting plenty of water and staying hydrated. . >> one, two, three, four. >> reporter: that means no running, just a lot of standing in place, throwing balls, then sitting in the shade. some parents were determined to make the best of the situation, determined the sneak in one last bit of summer before the long-awaited heat goes away. >> we're going straight to great america. >> are you really? >> yeah, yeah, they closed the big water park at 6:00 but it's so fantastic, we're going to get in as much time as possible. >> reporter: that mom you just saw plans to take her kids to great america tomorrow too after school. just trying to enjoy this blast of heat. and you know what, who else is enjoying this, roberta gonzales, she is up on top of our studios there in san francisco on the roof. how is the view roberta. >> it's incredible, thuy. yes, this is the official sun deck here on cbs5. all i need now is a lounge chair. you want to take a good look at the view? something we have picked up the visibility is unlimited at this hour and in the distance we're able to see that plume of smoke again rated by the fire that i believe is over in the antioch area. we will continue to update you on that grass fire near bay point and that's coming up continuously right here on cbs5. but again, the visibility is unmatched, at this hour. it was 87 degrees in san francisco today, 95 in oakland, and currently walnut creek still in the triple digits. valet oh ho now at 98 degrees, cupertino with a pair of 9s and palo alto hit 00 degrees today with the humidity at 24%. we don't have any fire watches in effect as of yet but i would not be too surprised if that's the case tomorrow. now 104 degrees, that's what today anderson said in alamo. he snapped this photo and sent it to usment we want to see your stages as well because this is record heat here in the bay area. if you're heading on out, what you can plan on is if you're heading to the giants game, the temperature near 80 degrees. i think it is going to be the first time this summer that no one is wearing a jacket the giants game. otherwise numbers still in the 70s at the beaches and in the mid-and high 90s inland. tonight x freedomly mild, 59 degrees for an overnight low pacifica, 68 in san jose, otherwise the pinpoint neighborhood forecast, santa clara valley, temperatures all the way up into the upper 90s with poor air quality. it will be the second spare the air day. temperature-wise along the peninsula, 80s and 90s jumping up to 100 degrees in cupertino. triple digits in mal pit as. 106 in morgan hill, that's the outside number as it is in brentwood. 103 when you get closer towards glenallen, 102 degrees in 'a. cbs5, the hottest weather will be tomorrow and then we gradually go downward from there on wednesday. seasonal temperatures anticipated friday. just in time for the 49ers, against the raiders, going to feel like football weather here in the bay area. picking autopsy breeze to cool things down here in the city of san francisco, 106 degrees tomorrow, we'll pinpoint your neighborhood forecast straight ahead. >> all right roberta, thanks. before we head to break a quick check with chopper 5. that fire is burning near concord, highway 4, actually, an unincorporated portion of contra costa county, gives you an idea. there you go. now we can see how close it is to the highway and what happened with traffic. no homes, those are the closest those one at the top of the screen, we're keeping an eye on it and we have a crew out there. don't know how it started but we'll get the details as the forecast goes on. ,, b-a-c-c-a-l-a-u-r-e-a-t-e. baccalaureate. correct. [ audience groans ] since this competition has been continuing for 48 hours and we have yet to eliminate anyone, it is the decision of this board to declare all 20 contestants winners. you have all competed admirably. admirably. a-d-m-i-r-a-b-l-y. admirably. [ male announcer ] at&t is making high speed internet affordable for only $14.95 a month with select services. texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? somebody help me down. the state atto . well you may have seen the ads. tax lawyer ronnie deutsch prom sink to save you money. now the state attorney general is going after her in court saying she swindled customers out of millions of dollars. jackie bedford shows us the story of one who lost thousands. >> reporter: it's a name you've probably heard. sacramento tax attorney ronnie deutsch has mastered the use of tv commercials to advertise her company nation-wide. >> wherever your deductions hide we'll find them. >> reporter: but tonight the state attorney general's office trying to pull the plug on what they call deutsch's heartless scheme that swindled thousands of people. >> i do feel good. >> reporter: jennifer gentlemen ronnie mo said she fell victim. i was watching cnbc which is a reputable takings and saw an ad for ronnie deutsch. >> reporter: but three months after paying deutsch's firm to get the irs off her back she says the company had taken no action. >> reporter: by october i started getting notes from the irs that they were going to levy. >> reporter: jennifer was in jeopardy of losing everything she owned including her business so she called the irs helpful and ended up negotiating a better deal. when she asked for a helper money back deutsch's firm initially refused. the attorney general's office says her story isn't unique. they say deutsch's firm o's them more than $34 million, the firm is accused of making false promises to customers, claiming a 99% success rate when the attorney general only says 10% of clients got reduced tax bills and the state says the firm falsified billing statements to refuse refunds. jennifer is still working on her own to pay off the irs. her biggest piece of advice. >> if it sounds too good to be true it probably is. >> reporter: in san rafael, jackie back ford, cbs 5. now the return of furlough friday, now this. >> when they began helping tuesday system went down. >> down. >> the problem paralyzing one of the biggest dmv offices. >> are you high right now? >> yeah, i am. as easy as ordering pizza. the new company delivering medical marijuana right to people's doors. ,, welcome to the world of lovaza, where nature meets science. if you have high cholesterol, high blood pressure or diabetes, you may also have very high triglycerides -- too much fat in the blood. it's a serious medical condition. lovaza, along with diet, effectively lowers very high triglycerides in adults but has not been shown to prevent heart attacks or strokes. lovaza starts with omega-3 fish oil that's then purified and concentrated. it's the only omega-3 medication that's fda-approved. you can't get it at a health food store. lovaza isn't right for everyone. tell your doctor if you're allergic to fish, have other medical conditions and about any medications you're taking, especially those that may increase risk of bleeding. blood tests are needed before and during treatment. in some, ldl or bad cholesterol may increase. possible side effects include burping, infection, flu-like symptoms, upset stomach, and change in sense of taste. ask your doctor about lovaza, the prescription that starts in the sea. burnin 4 in . all right. we want to continue with our breaking news out of concord. a grass fire is burning near highway 4 in unincorporated contra costa county at san marco. plumes of smoke can be seen all over the area, this is a two- alarm fire, burned about 5 acres. you can see they have pushed that line of fire to a ridge line up there. it is a natural fire break helping to protect the homes near all this fireplace. it's right along highway 4, the homes are on the other side of the freeway, there really aren't a lot of homes in jeopardy here in this area, the firefighters are on the ground, the terrain is pretty easy to handle. so it looks like they are getting ahandle on it. there are still some hot spots and of course the traffic is backed up in the pittsburgh on highway 4. we're going to keep an eye on this but it seems the fire department there has it under control. nobody, nobody, enjoys waiting in line. but what to make it worse? how about a computer meltdown at one of the bay area's busiest dmv's. the timing didn't help either. . >> reporter: it was the monday after a furlough friday and the dmv office was more packed than possible. sergio estrada expected the long lines but not to wait the three hours because of a computer meltdown. >> when they began helping us the system went down. that happened for 10 minutes, we waited it out. soon as they renewed the process it went down again. >> one side of the processors went up and then down again. >> reporter: the commissioner screens were blacked out or stuck on error messages. normally busy testing areas were empty and no one could account for what happened or why. >> at one point we could do demonstration items and no drivers high senses, now it's to the point where we can't do anything. we have calls out to sacramento going through the processors. >> reporter: the office seemed to be isolated because other dmv's were up and running. although the doors never closed customer after customer had to be turned away at this one of the busiest dmv's in the bay area. >> i got there 7:30 trying to beat 8:00, i left about 11:00 with nothing done. >> reporter: a similar computer glitch happened two weeks ago and was thought to have been fixed then. the system never did come back today and at this point there's questions as to whether or not it will be back for tomorrow. in san jose, len ramirez, cbs 5. marijuana delivered to your doorstep. that's what new dispensary says it's afghanistan but as an notarangelo reports the city want to stop it before it gets rolling so so to speak. >> reporter: you're absolutely right. this is the business called herb essence. people who don't want it say there is a high school and a daycare nearby. you wouldn't note it, there is no sign indicating what they sell. but word has gotten out they do sell marijuana here. >> i don't want to be labeled any more than the woman with the silly walk or funny walks, i want to get well, i want to he'll in my own community. >> devlin sea well is a nine- year stroke survivor, she is grateful she did can go to herb essence in concord to pick up her precipitation. >> i don't want to drive to berkeley, uncomfortable, puts me at my personal safety risk to go out of my comfort zone. >> honey burns says she smokes pot to curb anxiety. she doesn't have a medical card and wasn't picking up any marijuana today. are you high right now. >> yeah, i am. i can't believe i'm saying this but yeah i am. >> reporter: if you weren't high you would not feel comfortable talking to me. >> reporter: they are not debating the merits of medicinal marijuana. to them it's an legal issue. in 2005 they decided you can't sell it here. even though the law says you can use it people don't have to allow selling of it. >> you can in fact prohibit these type of dispensaries. >> no one from herb essence would talk to us but you can see someone peeking through the blinds. the name on the business permit is n a.j. id davit. it says nothing about selling marijuana although on the web site they say they'll even deliver it. >> i could use them but i prefer not to hide. >> do we really want to be the city that is delivering marijuana throughout the county? >> i'm just outraged that this in fact true that they are offering it in this facility in violation of our ordinance. >> reporter: they say concord doesn't want these businesses. >> the problems we have seen with the last one we have had here which did shut down, did not comply with the zoning, was the police department had a number of complaints. >> herb essence opened up in july, the city has a history of closing down medical marijuana so they are going to try to shut the one down too. >> ann notarangelo, thanks. drinks for water, but now there is a specification particular time you should drink water in order to lose weight. check the bridge. tainted eggs could still be on the market the one man behind the massive recall and his troubled legal history. >> i'm jennifer dom. now we know who the 49ers starting quarterback is but who is the backup. >> don't get me started. >> don't get him started. what does mike singletary have against nate davis? he explains coming up. mpany - knew what she was doing. she has this ability to come to a very confusing situation, take a look and figure out what the right thing to do is. there was no playing things loose or close to the edge. we were going to do things the right way... because ultimately, that's the way you build a company to last. she was always asking us to be as efficient as possible, to be as frugal as possible. she gets in at the heart of the issue... and she'll bring people together to resolve a problem. she's a problem solver. she listens to people around her and she will seek... different and often conflicting points of view. she makes people feel heard and makes them feel valued. but, ultimately she's looking to make the right decision. we can fix california, no question about it. it's going to take a different style of leadership, it's going to take a different approach, but we can make california great again. ♪ new research shows drinking two 8 ounce glasses of water right before a meal makes us eat about 75 to 90 calories less. if you do that every day it adds up. on average a test group lost 5 pounds over a 12 week period. diet drinks do suppress the appetite but water has additional benefits. " water bacause of the hydration effect can also help you with other goals you have like staving off headaches, fatique, irritability" medical experts say women should aim for about nine cups of water a of the hydration effect could help you with other goals like staving off headaches, fatigue, irritability. >> medical experts say women should aim for about 9 cups of water a day, 13 for men. tonight we're learning more about the one man behind the biggest egg recall in history. the government has recalled nearly half a billion tainted eggs and this mess is far from over. alexis kristofers shows us you better check your refrigerator. >> they admit there may be more eggs tainted with salmonella out on the market. the fda is asking congress for stronger enforcement powers so it can prevent outbreaks, not just respond to them. the commissioner says new food safety rules in effect this summer are only a start. >> these rules put in place for the very first time very rigorous and specific safety standards so that we can hold companies accountable. >> reporter: the egg industry has consolidated in recent years, and a few larger businesses now control much of the nation's egg supply. the half-billion eggs covered by this recall come from just two iowa companies, but they are sold across the country under two dozen different brand names. the two companies share a common link. owner and supplier austin "jack" decoster, a businessman with a troubled legal history. former secretary robert r.b.i. blamed his for some of the most heinous violations he had ever seen the iowa supreme court called him a repeat vy ray tore and workers were caught mistreating chickens at his company in maine. clearly this company was cutting corners in lots of areas including food safety. >> reporter: 1300 people have gotten sick from contaminated eggs and that number is expected to grow. alexis christophorus, cbs news, new york. we have a complete list of the brand included in the recall as well as the identifying numbers on the cartons that contain those tainted eggs all on our web site cbs5.com/health. it is an amazingly majestic site. the how we are of the humpback whale on full display. . >> far out. wrap ,,,, [ woman on tv ] if you won't let me in, you can't really love me. i know about gayle. i don't know what you're talking about. if you just tell me what happened... [ ding ] [ man ] 35th and archer. next stop hamilton. [ brakes hiss ] ♪ [ male announcer ] now you can watch hit tv shows on your iphone when you get at&t u-verse tv. humpback whale leapt out of the water and flipped over several . this spectacular site off the coast, a humpback whale out of the water, breaching. this is prime mating season for the hump backs around australia, they stay in warm waters before heading back towards antarctica, by the way, i don't know if you will see anything like that, no guarantee, but whale watching series. i went saturday. dana you went three weeks ago. >> yeah. >> saw hump backs, saw blue what else as well. >> i didn't get to see any. we saw rizzo dolphins, incredible. >> a great trip for 2 1/2 hours. >> totally worth it. >> okay. and since it's that warm why not go just to the beach. you don't even have to go in the water. >> i know. it's finally beach weather. it's taken this long. here is the crowd at san francisco eights ocean beach this afternoon, fairly busy for a monday. for some the warm weather carried them away. >> nice hawaii weather taking us on this day. wow. ♪[ music ] . >> very nice. >> that's so great. >> good. >> going to be a beach day again tomorrow. let's check in row bee better take and see how good it's going to be tomorrow. >> oh, i'm taking a picture of this unbelievable view so i can post it on facebook. >> facebook. >> both my social media outlets. people in omaha are going to be able to see this. look at this. the visibility is unlimited. it is incredible. right now we're seeing a bit of a breeze that's clearing out the atmosphere because there was a bit of a lingering hayes today. we'll talk more about that pearer the air day that will be in effect. right now check in out. south cupertino 97 crease, concord due east 98, to the north napa at 97 degrees, and then 95 after reaching a high today of 102 crease. look at the recommendtive humidity. dropping in the teens. what you can bank on out the door, if you're inland you're still sitting pretty in the 90s, otherwise bayside tumbling into the 80s, on along the coast currently right here in san francisco at 79 degrees. looks like it will be the second spare the air day tomorrow due to those climbing temperatures and stagnant airplane. livermore will top off at 103 degrees, triple digits in santa rosa, san jose will be 14 degrees above average and nearly 20 degrees from where we should be on the 24th day of august at 88 in san francisco. we have temperatures tonight very mild, in fact nearly 70 for an overnight low in downtown san jose, through willow glen back in the amen den valley. kick off that extra valley if you're in the tri-valley. tomorrow it will be the second consecutive spare the air day. last year we had 14, not too bad. but try to take a transit if you can. looks like 85 degrees in the bay, 106 for one to have the hottest spots in morgan hill. otherwise east of the bay 106 degrees, brentwood, trace see oakley, back through mountain house. 85 trees for one of the cooler locations, back of the north bay bridge, 80 stenson beach. 101 degrees in santa rosa bested by sonoma and 97 degrees in novato. kicking it up out of the southwest, that 102 on wednesday is really lake gilbert yet yes a, for most of it the inland areas in the 90s, additional going on thursday until we reach seasonal levels on friday. unseasonably cool over the weekend just in time for football action. now meanwhile i love this picture. my pick was sent in by juan and, juan, can we get to that my picture please because juan said he took our advice and headed to the grand prix of sonoma over the weekend and his daughter, his daughter, isobel fell in love with the race cars. that's danika patrick right there. keep the pictures coming. we're taking a look at this picture, that plume of smoke over in the antioch area. now spreading over the area too. >> wow. that's going to be put out pretty soon so roberta, thank you. talk to you in a bit. it was a proposal started in oakland years ago, sparked a national debate. now it's a requirement on the federal job application. tonight on eyewitness news, 10:00 on the cw, 11 here on cbs5, why federal agents are hoping to hire people who speak hi bonnix. >> how will dusty baker motivate his reds against the giants? i'm dennis o'donnell and it is official for tiger woods. next. ,,,,,,,, we're headed up to oregon to visit my parents. the riveras are taking their first family vacation. 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[ male announcer ] wells fargo. with you when life is mobile. ♪ straight series against playoff contenders. against the padres . the giants were scheduled for four straight series against contenders so again the padres they lost two out of three, the phillies lost two out of three. against the cardinals they lost two out of three. see a pattern here? giants are two games out of the wildcard standings. for the national league west they enter a series with this surprising leaders of the central, the cincinnati reds, their manager dusty baker will use any tool he can. >> i remember all the guys, reins, or whatever to bring them in everybody would look at them. never done that. so -- that's what we're playing for. maybe i'm after my end of that again soon because i just reminded myself about it. >> well the giants playoff dreams far from shattered unlike this camera at the little league world series, a wild pitch between mexico and puerto rico t last from this high def camera, usually that is just stuffed animals. in this case it cost e.s.p.n. $20,000, ha ha ha. listening to the nbc announcers in last night's 49 erwin over minnesota you got the feeling nate davis might win that back up job to alex smith. then the coach had his say. >> oh my goodness. this looks like john elway throwing this ball. fans and national commentators aligning were easily impressed by davis. no other quarterback on the roster could make that throw but mike singletary wants more. >> you have to learn how to play the position, command the huddle. get people in and out of the huddle. >> and the rookie with the ball is davis. close to a first down. >> you got to know what a first down marker is. you don't just fall. i mean. so don't get me started 0 than one. >> reporter: a solid showing against the vikings aside. >> i'm impressed tonight he is playing very well. >> singletary and davis agree he is still behind the learning curve. >> right now nate davis is working his tail off to try and learn this system but, in the off-season, that's when you take the time to get that done. and i'm not sure how hard he worked this off-season getting that done. >> me and the coach had a big talk, you know what i am saying. i did work hard in the summer but it showed i should have worked harder, that was the main thing. i'm playing a little catch up right now but i'm working hard every day, going to keep on working. >> he is still learning how to do that and i don't know how long it's going to take. i don't know how much time we have. >> interesting. as bill walsh used to use the media at times to motivate players and i don't know that single terry was doing that but you can find out for yourself saturday 10:00. my cheap promo, 49ers and raiders on the cw cable 12. one less rumor for tiger woods to have to answer. tiger is officially divorced. his now ex-wife elin filed for divorce in light of his infidelity scandal. no terms of the divorce were announced. they would only say that they are sharing parenting of their two young children. while you were working out a nine-figure settlement this weekend here is what you missed. he didn't break the lens. . >> nate is coming over again against that line. >> oh no. >> yes, he did. >> oh my goodness. >> cleveland's jayson nix ready for his clothes-up but at least he didn't break the lens. moments into the indy car race in infinion dan well done clipped and flipped. he walks away unharmed despite landing upside down. his analysis. >> it's never a good thing to be upside down. >> little league world series, the fly ball down the line, new jersey's joey rows leans over, makes the catch against the tarp, fires, strikes the home plate, a be line the butt tag, like they drew it up. >> ben watson, watch. in the end zone, yes, he makes the catch. back of the end zone, touchdown to cleveland. >> cleveland. >> finally. >> cleveland. >> finally, the "spiderman" epidemic in japan for the second time this summer, a feeler climbs the wall, takes the home run away in spectacular fashion. amaya soi cheer oh who also place for the hiroshima carpenters, i don't know how they get away with that, but it's a spectacular catch. the rule is as long as you are connected to the field of play that's a legal catch. he actually could have been in the stand as long as he had his food up on the guy, it would have been perfectly legal. >> you're so flexible. we're seeing some great football. i know it's preseason, i get that, but -- >> a lot of little sub plots goin' on right now t raiders played well last week, the 49ers played well last week. the battle of the bay and all the records aside because anything can happen. >> can't miss it. >> going to be huge. >> the first battle of the bay, right. >> how about the whale, big splash.? see you at 10:00 and 11:00. good night. ,,,, b-a-c-c-a-l-a-u-r-e-a-t-e. baccalaureate. correct. [ audience groans ] since this competition has been continuing for 48 hours and we have yet to eliminate anyone, it is the decision of this board to declare all 20 contestants winners. you have all competed admirably. admirably. a-d-m-i-r-a-b-l-y. admirably. [ male announcer ] at&t is making high speed internet affordable for only $14.95 a month with select services.