and the fire is still raging out of control. firefighters here saying that of course with the triple-digit temperatures, along with the fierce winds, that is just going to add fuel to the flames here as tens of thousands of people are being told that it is still not safe for them to return home. the blue cut fire is showing no mercy to san bernardino county. walls of flames destroying everything in its path, sending people running for cover. >> fast-moving. very fast-moving. we barely got our stuff and got out. >> oh, god, i just pray. >> reporter: as others watched helplessly while the flames surrounded them. >> there was a clearing there and right there, the flames all around us and we had to keep the windows open because we couldn't breathe and the smoke was so thick and as soon as the smoke cleared, we could see that everything was gone. >> reporter: more than 82,000 evacuated and even more expected. deputies are asking people to follow the mandatory orders and get out. >> if we ask you to leave, you have to leave. the worst thing that could happen is for folks to wait until the last minute. >> reporter: the fire here exploding overnight, growing nine times its size in just 12 hours causing a major problem for firefighters. >> it hit hard. it hit fast. it hit with an intensity that we haven't seen before. >> reporter: and this massive fire, just do give you an example of how massive it is, it is has shut down major highways in the area and again firefighters still trying to get a handle on this blaze right now. there is no containment. live from fhelan, donna bacas, nbc news. >> and what is the number of homes lost or people being injured? >> reporter: right now firefighters are saying that they are not able to give us an exact number on how many homes or even buildings have been destroyed by this fire. so we are still waiting on that. as far as injures, thankfully all that we know right now is that two firefighters have been injured but those injuries appear to be minor. >> that is good to know. thank you very much. well firefighters continue to make some progress on the clayton fire. >> containment is now at 40%. but evacuation orders are still in place and firefighters say it could still be days before all could go home. >> amy hollyfield is in lower lake with the latest on the recovery efforts. >> reporter: with all of this traffic, you would think lower lake was open for business. with a bustling main street on a wednesday morning. but all of these vehicles are part of the recovery effort. residents are still not allowed to come in. >> we will not open the area until it is safe. >> reporter: waiting down the road, evacuees at the shelter. they have found a bright spot here, saying the center has turned into a good support group. >> when we're at home, we're in our own separate little cocoons but when we are drawn together, the wonderful in people comes out and there are so many wonderful people here. >> reporter: firefighters say they are working as quickly as they can to pick up the pieces from what the clayton fire left behind. and it is not just power poles and fragile trees they are tending to. they are also retrieving belongings like this team at the habitat for humanity office salvaging records for employees. and then the fire fight. you don't see smoke or flames but you do still see bay area firefighters on the scene. >> it will only take one um ber to start this fire up again and with the possibility of the mission at 100%, we are making sure that this fire is 100% dead out there and there are no hot spots. >> reporter: the recovery effort this town faces is so immense. they are going to have a meeting about this on friday night here on the football field. this is at lower lake high school. dinner at 5:45 and the meeting at 7:00. federal and local and state officials will be here to answer questions. in lower lake, amy hollyfield, abc 7 news. meantime, damon pashilk turned away for answering for setting the fire. he did not offer a plea. he is accused of setting a dozen fire and most of them never spread like the clayton fire. the bail is set at $5 million and he is in jail and due back in court on september 7th. >> download the abc 7 news to stay alert of wildfires across california and enable push alerts to get more information as they happen. in the fires in yo lo last summer was sparked by an illegal marijuana grow operation and the fire burned 108 square miles before it was contained. the rocky fire was one of five marijuana-related wildfires in northern california last year with four more reported so far this year. and we have breaking news out of san jose. sky 7 hd is over the guadalupe park area where a brush fire has just broken out. you could see some of the flames there. this is burning near the 300 block of west julian street, west of 87. now fire crews are on scene trying to put out the fire and you could see them there. we'll keep you updated with developments on street closures throughout the broadcast and also go to abc 7 news bay area on twitter for the latest on this as you see firefighters putting water on that fire. and sky 7 hd is over an active fire in san jose not too far from 101. could you see a train tressel on fire. it is not clear how it started but a lot of dark smoke and train trussels will have wood with heavily oiled and that is why the black smoke and you could stay on top on twitter and throughout the newscast as we get more information but we'll keep our chopper pilot over the fire for the immediate future here and continue to watch what is happening here. a lot of smoke -- wow. >> and we continue to check on the weather because the fires are just breaking out all over the state. >> and the hot weather and dry conditions. really tricky. as spencer christian has the forecast. >> okay. i'll give you a look at weather conditions near the larger fires we've been covering. let's go to live doppler 7 hd and up north to the area of the clayton fire where it is 99 degrees right now and relative humidity is so low. 19%. now if there is any encouraging news it is that the wind is light out of the east at 4 miles per hour with occasional gusts to 11 miles per hour. now let's travel down south to san bernardino in the area of the blue cut fire where it is 90 degrees and the relative humidity is only 10% and in this case the winds are strong, which makes the fire fighting effort more difficult. winds out of the south, southeast at 15 miles per hour with gusts up to 26 miles per hour. closer to home, we have fog over the golden gate right now. local temperature reading, 64 in san francisco. 70 in oakland. mid to upper 70s in mountain view and san jose and morgan hill 82, 59 at half moon bay. the view from sutro tower over san francisco, a few puffs the cloud move over the city. it is 79 in santa rosa. napa 75. and 77 in petaluma and low to mid-90s at fairfield, concord and livermore. i'll be back in just a moment with a look at our accuweather seven-day forecast. there is a cooling trend on the way. >> that is nice to hear. thank you. well hayward police are looking for the man who robbed a couple and shot one of them late last night. >> it happened near florida street and dolphin lane. matt keller talked with the man who called 911. >> reporter: this hayward neighborhood doesn't have a good reputation. even with the people who live here. >> there is shady people living around here. >> you don't want to come out at night after the sun goes down. >> reporter: police say a husband and wife were walking near an intersection of florida street and dolphin lane at 11:45 when a man with a gun demanded their phones. mike lives right at the spot. he doesn't want us to use his last name but told us what he heard. >> we heard a commotion out front and a loud bang and a car spilled off and a lady rang my bell and asked to call 911 because they stole their phone. >> and i came outside and the guy was laying on the lawn and gave him a towel and blanket and called the ambulance for him. >> reporter: the man was taken to the hospital with nonlife-threatening injuries and they plan to interview the victims to see if there was a confrontation that led to the robber firing his gun. >> it is a piece of property, it could be replaced and your life can't be. >> reporter: police describe the suspect's vehicle as a candy apple red suv with gold rims and if you have any information call hayward police. matt keller, abc 7 news. authorities in oakland are investigating a fire that killed a suspected arsonist. the blaze broke out after 9:00 last night at seminary market and liquors. police tell us the suspect was inside of the store throwing things before the fire started. he was later found dead. the man hasn't been identified. the commute through sunnyvale was stalled over something caltranss is calling a small. a large hole with exposed rebar. we flew over a stretch of highway 85 at fremont where it opened up before 7:00 this morning. a two -- two lanes are still closed and were closed for six hours until crews managed to repair the road temporarily. they will return later tonight to work on a permanent fix. still ahead on abc 7 news at 4:00, a big blow to a silicon valley giant. cisco has announced big layoffs of thousands of jobs cut. it is the -- is this the new norm for silicon valley. and a project moving forward in the willow glenn neighborhood and the concerns about this new plan. and new at 4:30, roads in disrepair and crowded commutes, it is nothing new but wait until you hear just how much a tough commute costs you every year? and let's take a look live outside at traffic on 101. you could see in the distance there, right in the middle of your screen, that fire on a train trussel that we spoke about here moments ago. don't know if that is impacting traffic but this is a tough time of day any way as you could see, at least heading in that direction on 101. stay with us. ♪ ♪ award winning interface. award winning design. award winning engine. the volvo xc90. the most awarded suv of the century. and we have breaking news that we are following live from sky 7 hd. take a look. this is an active fire in san jose. you could see the frames coming off this is a train tresle not far from 101 and it is east of worcester and avenue area. >> you could see smoke billowing well up into the sky from the fire. this is video from a few minutes ago. the train trustle completely on fire. the train loaded with wood that has been oiled so that is producing that black smoke you see. we'll stay on top of this fire on twitter at abc 7 news bay area and throughout the newscast as we get more information. but we are streaming the fire to keep you up to date so you could check our news app for more. >> because you could see they were close to apartments as well. so we'll keep on top of this. for now, though, it is official. the city of san jose will move forward with a plan to build manufactured homes for the homeless. >> it is a temporary plan with the home slated to be built in the city's willow glenn neighborhood. >> it is meant to help with the housing crisis but some believe there were better options. chris nguyen has the details. >> reporter: slated for the six acre city-owned plot between highway 87 and the alameda expressway, a first of its kind project but not everyone is thrilled about it. >> working class poor people already in that neighborhood, whether it is the mobile home park or one of the other low-income housing projects and they evoke concern. >> concern offer a plan to convert this into homes for the homeless, portable homes to house nearly a hundred people. one councilman whose district includes the proposed site said he wanted permanent housing that could have accommodated more than a thousand residents but his proposal was turned down by the council last night. partly because the project wouldn't have been done for another four years. >> and it would have provided a better sense of community versus having a segregated concentrated low-income area. >> reporter: instead the area will be converted by next spring. a short-term solution praised by a neighbor next door. >> i have been in this situation and i feel like the valley needs more -- more opening houses for the people that don't have houses. i definitely agree with that. >> reporter: some homeless advocates say the decision is an encouraging sign. >> the program like this is very necessary. and anything that is meeting immediate needs for homelessness. >> reporter: but some in the neighborhood are worried about rising crime rates. the project is expected to remain in place through 2032 and will cost up to $15 million to build. a resident application process is being worked on. in san jose, chris nguyen, abc 7 news. another big blow to a silicon valley giant. cisco announcing major layoffs. >> kristen zse is here with the details. >> reporter: cisco is dropping the ax again after cuts in 2013 and 2014. this time it is laying off 5500 employees or 7% of the global work force. while that sounds bad, it is not nearly as draconian as first reported. the announcement this afternoon comes after tech news site dropped reported this morning that 14,000 jobs would be shed. it turned out the cut is less drastic but which positions and where the jobs are based are still unknown. the internet gear maker has to reduce demand to its products. >> we are adjusting to a new reality where software and cloud services are predominant and they are shifting the company to new opportunity other wise they will lose business. >> reporter: this is the latest sign of hard times for pc focused companies. this year intel announced it is shedding 12,000 jobs and microsoft with the windows phone lagging behind is cutting 1900 jobs and computing pioneer ibm, 14,000 jobs. and in addition to the layoffs, cisco announced the quarterly report today. revenue grew 2% in the past year. exceeding expectations. cisco stock has risen 15% this year, beating the industry average. >> kristen, thanks very much. and children's discovery museum of san jose is merging art and agriculture in the garden with the tree of 40 fruit. it is the only one of its kind on the west coast. an artist and farmer and syracuse professor sam van aiken grafted local stock on to the free in an effort to produce 40 different types of stone fruit. the tree is expected to blossom into a ckaleidoscope of colors like purple crimson and white at different times of the year. that is stunning. isn't that cool. >> very cool. >> gorgeous. >> well it has happened another. another record-breaking month for hot weather. nasa say it is the warmest july in 136 years. in fact, they say this month -- or not was the hottest month ever -- ever. this mark continues a streak of ten consecutive months with record heat dating back to october of last year. and for the latest on our temperatures and all things weather, we have spencer. >> spencer, cooling down it sounds like. >> a cooling trend through the weekend, i'm happy to say. here is a live look at doppler 7 hd. it is cool near the coast but still warm inland and it is -- as you might guess, foggy near the coast and sunny inland. so let's take a look at current readings. 59 degrees at half moon bay. 64 in san francisco. 94 over in danville and livermore. so we have quite a wide range of temperatures as we often have this time of the year. from our rooftop here at abc 7, we see blue sky over the bay. these are the forecast features. foggy conditions near the coast and bay with chance of overnight drizzle. it will be sunny over the bay and inland tomorrow and tomorrow is a spare the a day and we'll have poor air quality in our inland east bay. overnight lows in the mid to upper 50s to a mild day with lees of only 60 in livermore and san jose. as we look at our forecast animation, you see the fog getting thicker and moving across the bay locally as it has done in the last couple of nights. tomorrow morning, morning commuters will be greeted by reduced visibility once again and it looks like low clouds and fog will linger through most of the morning commute. that is how it will look at 8:00 tomorrow morning. from north bay to south bay to east bay. by midday, we'll see the fog back at the coast and mainly sunny skies in the afternoon and that will give way to a mild day. we'll see highs near 60 at the coast, low to mid-70s around the bay. mostly 80s inland but the inland east bay will see highs in the low to mid-90s. now i had told you tomorrow is another spare the air day and once again a reminder that the poorest air quality is expected to be in the inland east bay. here is the max temperature trend. cooling begins tomorrow and cooling continues on friday. inland highs in the 80s. mainly mid-70s around the bay. saturday, close to an average range of highs for this time of year, highs ranging from 60 at the coast to about 90 in the warmest inland locations and we'll see a steady pattern continuing into sunday. maybe just a couple of degrees cooler in some inland areas on sunday than on saturday. here is the accuweather seven-day forecast. and once again, look for mid-90s in the warmest him land spots and only up to about 90 in the warmest locations on friday and saturday and cooler yet on sunday and monday and tuesday when inland highs reach to the mid to upper 80s around the bay and we'll see low to mid-70s and on the coast, after the weekend, upper 50s to near 60. so nice cooling trend coming our way but don't expect it to last too long. this is august after all. we could get more heat before the month is over. >> no question. even into september. thank you, spencer. >> up next, a whale of a tale from kayakers who got a front-row seat to this epic encounter with a humpback. and move over pacman, pac-pup is california's clean air laws are working. we've cut toxic pollution. we're seeing fewing cases of asthma in kids. and the new clean energy economy has created more than half a million jobs. i'm tom steyer. just when we're making progress, the oil companies are trying to weaken our clean air laws. but we can stop them. send them a message. we're going to protect our kids - not their profits. ♪ at at&t, we believe in access. the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet, we've created access from at&t. california households with at least one resident who receives snap or ssi benefits may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee. visit att.com/accessnow to learn more. olympic gold medallist simone manuel is back home after her historic win if rio. a large crowd greeted her at airport at 5:30 this morning. >> the 20-year-old won two gold and two silver. 17 gold medals are up for grabs in rio today. >> jim ryan has the look at the latest tally. >> reporter: track and field now takes center stage in rio and team usa is not disappointing. american evan jager surging past the competition in the 3000 meter steeplechase to earn a silver. the 27-year-old is the first american man to medal in the event since 1984. drama in the men's 5,000 meter semi-final. hassan made falling down in the final lap and losing his shot at a medal. lagat embracing the speed after the heat and he secured a spot in the final. and his teammate chill imo will move forward. and the men's decathalon starting today and ashton eaton take the lead. and the two other americans are in the top ten. two americans advance to the semi-finals in the 800 meter competition. team usa will come in second in her heat to south africa. the 2012 silver medallist. american kate grace also fast enough to make the cut. to the court, the u.s. men's volleyball team taking on poland in the quarter finals and they move on to the semis. another medal for the u.s., this one in equestrian. u.s. jumping team earned a silver for their performance in the competition. two big noncompetition related headlines out of rio. a judge ordering officials to seize swimmers ryan lochte and feigen passport saying they need to remain in the country but lochte returned to the u.s. on monday. the teammates claimed they were robbed at gunpoint over the weekend and the judge said there is inconsistency in the statements. and a official is step ago side finding his arrest in a ticket scalping situation. he is accused of pth nine others to illegally sell tickets for the rio games. jim ryan, abc news, rio de janeiro, brazil. so farrellen degeneres isn't apologizing and hasn't remove aid photo that has sparked controversy. you are looking at the image of her riding on the back of usain bolt. she also tweeted this is how i'm run errands from now on. and he was reed it, despite some calling it racist. imagine you are out kayaking and look at this. a pod of humpback whales say hello to the group. they were on a five-day expedition an say they caught amazing sights. but this is definitely the biggest catch. i would say so. amazing. >> stunning. that is cool. abc 7 news at 4:00 continues. >> two years ago we had 600 sensors but they were in laces. it time we'll have 900 instruments. >> as we approach the second anniversary of the napa earthquake, the new research into just what happened. >> plus the terrifying commute ferry riders in puerto rico after hundreds were told to aban on ship. breaking news now. a fire is burning right now at a railroad trestle neeg eggoway and hurster and that's near the park. you could see black smoke billowin it is not clear how it broke out. it does not appear that the train tracks are actively in use. we are a crew on the way and we'll provide more on our twitter feed as soon as we get it. and at 4:30, more breaking news, this fire fast-moving and movering in san bernardino county this afternoon. just one day after the blue cut fire broke out. it has spread to more than 47 square miles or about the size of san francisco. right now it is 0% contained and more than 8- thousand people are under evacuation orders. the man accused of setting the clayton fire and the other lake count fires was charged with 13 counts of arson this afternoon. abc 7 news reporter melanie woodrow was at the arraignment today. and we'll have thetory coming up at 5:00. the second anniversary of the napa earthquake is next week. and scientists are still trying to learn as much as they can about the quake that was much more destructive than expected given its size. lawa anthony is live in napa to preview a new quake test just getting underway there, laura? >> reporter: hi, ama. this new experiment will roll out in two phases. first scientists put the seismic centers in locations like this home behind me. second they will go around the area and trigger mini quakes to see how the earth responds in hundreds of locations. >> this is called a seismograph and it reports the data produced by this gio foam. >> just a bit bigger than a beer can and this sensor is key to finding out why the 2014 napa valley earthquake was a destructive as it was. and scientists are about to deploy 900 of them in yards like these. up and down the napa valley. >> now we're look at the entire basin and we want to know the depth of the basin and we want to know the velocity or the type of materials beneath the basin. >> it is part of a large experiment conducted by the u.s. geological survey in partnership with california university east bay and the goal is to find out the way the earth shook the way it did in august 2014 and apply that knowledge to how buildings are instructed and retrofitted going forward. an effort to minimize damage and the injuries next time. >> this valley here is full of sediment that is soft and when that stuff gets shook, it is like when you shake granny's jell-o mold and it gets going on its own, that is what is happening here. >> reporter: david gray lost a chimney and his home sustained other damage two years ago. now he will host one of the sensors in his backyard. >> i love the science aspect of it. but i also love the fact that we could learn more about what is happened and why it happened and we can perhaps help other parts of the bay area understand what might happen in case of an earthquake. >> reporter: now this isn't the first the u.s. gs has put sensors in this area. they did it two years ago right after the quake. they distributed 600 of them along the 12 kilometer rupture with surprising results that they are about to publish. we'll have those for you tonight on abc 7 news at 6:00. live in napa, laura anthony, abc 7 news. and laura, will the information and the knowledge they gain from this napa quake be used in other parts of california? >> reporter: yes, it will, ama. in fact, the conditions here in the napa area are very similar, i'm told, to what we have in the east bay, for instance. in the bay area, the sediments, the soft soils, so whatever happens here in terms of results of this experiment, can translate into what might happen in the bay area in a future quake. of course, this information is most valuable to builders who can construct homes and businesses so they can respond in a way that minimizes damage in a future quake. >> laura anthony, thank you. the red cross has mobilized more than a thousand volunteers from all 50 states to help with flood relief efforts in louisiana. the effort comes as more rain fell today. and the flood ravaged state where 11 people have been killed and more than 40,000 homes are damaged or completely destroyed. the curfew has been ordered for parishes with the worst flooding due to reports of looting. six children are recovering after an electrical shock at an amusement park in connecticut. it is one of several serious accidents involving ride this is summer. abc news reporter has the details. >> reporter: fear in a place that should have been fun and games. several children electrified as they got off an amusement park ride. >> we have six to seven victims, all minor. >> reporter: first responders racing to the scene of ocean beach park in new london, connecticut. >> emergency services transported several children to the local hospital. we received some type of electrical shock. the most serious injured had small burns on the palms of his hands when he touched the medal railing when he got off the ride. >> reporter: officials say wiring under the scrambler may have been a factor. the park issues this statement. the safety of our guests is always our number one priority. we will continue to work closely to find out the answer. >> there are risks in every amusement ride and a majority of the incidents that occur on amusement rides today, whether at a fixed park or a traveling carnival are human error. >> reporter: it is the latest in a string of rides gone wrong. last week news of a 3-year-old boy falling from this pennsylvania roller coaster. >> i've got three kids that have fell from the -- >> reporter: and then three girls tumbling 40 feet to the ground from the ferris wheel at a tennessee carnival. >> really scared. >> reporter: one child still in the hospital with brain injuries. and 10-year-old caleb schwab killed on the world's tallest water slide in kansas city, kansas, last sunday. now in the case of the ferris wheel, abc news learned there were no restraints or seat belts, something operators say isn't required on this sort of ride. as for the children electrified, they've all been treated at the hospital and released. abc news, new york. a fire on board ferry meant orders for passengers to abandon ship today near puerto rico. the coast guard said the fire started in the engine room forcing the evacuation of the caribbean fantasy. it is about a mile off the coast of san juan when 500 passengers and crew members jumped into the life boats. several were taken to the hospital with injuries and we are glad to say none of the injuries were serious. still to come on abc 7 news at 4:00. another shake-up in the trump came. >> he can hire and fire anybody he wants from his campaign. >> the changes and what it could mean if the race for the white that is next. everyone, i'm michael finney. ask finney is just ahead. so i'm still taking your questions on twitter and facebook. just post them with the #ask finney and i'll answer them here in just a little bit. i'm spencer christian, from mt. tam, the summer afternoon pattern. a little hint of fog moving over the bay with the cooling influence. i'll have the accuweather forecast coming up in just a moment as abc another busy day on the campaign trail. trump shook up the too much of his campaign staff and hillary clinton's private e-mails are again the focus of scrutiny. here is abc news reporter kenneth moulton. >> reporter: trump campaign team shaken and stirred after several lagging poll numbers against hillary clinton. >> he can hire and fire anybody he wants from his campaign, they can make him read new words from a teleprompter -- but he is still the same man. >> reporter: chairman of breitbart news bannon is his new campaign ceo and conway was promoted to campaign manager. >> going into the last 12 weeks of the home stretch, the competition -- >> and manafort is said to help a pro-russian political party funnel $2 million to washington lobbying firms and it was to influence u.s. policy, a possible federal felony. the gop nominee who held a round table call islamic terrorism and getting his first classified briefing but he told fox news he wouldn't trust the intelligence. >> not so much from the people that have been doing it for our country. look at what happened over the years. it has been catastrophic. >> reporter: clint will get the same briefings toured a high school in ohio. and rallied supporters as the state department prepares to release thousands of the former secretary of state deleted e-mails from her private server. >> the fbi recovered the e-mails during the investigation. the state department said next week a judge could decide when those e-mails will be released to the public. kenneth moten, abc news, washington. midway through the week and not a bad day. >> we are midway through the week. >> wow! spencer christian is here with the forecast. >> well it is all downhill from here. this is mid-week. here is live doppler 7 hd and mainly sunny skies and low clouds at the coast and that is the picture again tomorrow. statewide, high temperatures tomorrow in the mid to upper 90s at chico, sacrament and yosemite and 81 in los angeles. here in the bay area, a day similar to the one today. perhaps a couple of degrees less warm inland. low to mid-90s in the warmest inland spots and we'll see mid to upper 70s right around the bay. and low 60s on the coast and the accuweather seven-day forecast shows further cooling through the weekend. into early next week. so the heat -- the inland heat is receding but it may bounce back by the end of next week. dan and ama. >> thanks, spencer. still ahead at 4:00, a legend of the civil rights movement is in the bay area. >> the revolution of the values and revolution of ideas and it is something. >> his message about nonviolent protests and how this generation could learn from the past. i'm seven on your side michael finney, you've heard me talk a lot about credit card chip technology, so are stores california's clean air laws we've cut toxic pollution. we're seeing fewing cases of asthma in kids. and the new clean energy economy has created more than half a million jobs. i'm tom steyer. just when we're making progress, the oil companies are trying to weaken our clean air laws. but we can stop them. send them a message. we're going to protect our kids - not their profits. ♪ i'm hall of famer jerry west and my life is basketball. but that doesn't stop my afib from 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serious, and in rare cases fatal bleeding. get help right away for unexpected bleeding, unusual bruising or tingling. if you have had spinal anesthesia while on xarelto watch for back pain or any nerve or muscle related signs or symptoms. do not take xarelto if you have an artificial heart valve or abnormal bleeding. tell your doctor before all planned medical or dental procedures. before starting xarelto tell your doctor about any conditions, such as kidney, liver or bleeding problems. to help protect yourself from a stroke, ask your doctor about xarelto. there's more to know. xarelto. what if the living legends of the civil right movement is in the area. >> john lewis has a best-seller designed to reach and teach a new generation. >> carolyn tyler has the story. >> reporter: john lewis was just a teenager like the kids who came to see him today when he joined the civil rights movement. the 76-year-old georgia congressman is the last living organizer of the historic march on washington and now he is reaching out to the current generation of activists. >> things that matter to young people, steady and read and watch the still footage and try to adopt a way of peace, a way of love. >> he still using a nonviolent tactics of the 60s. launching the sit-in on the floor of the house earlier this summer in a congressional showdown over gun control. the action captivated the nation. >> i said that we need to find a way to dramatize the issue to make it plain, to make it clear. >> reporter: that is also his mission in a trilogy of books called march. the third has just been released. they offer his eyewitness account of the civil rights movement. with co-author andrew i'den and nate powell, the novels are a format that appeals to kids. >> visual narrative and story telling is how they learn. and so if we want to speak to them, we have to speak to them in their language. >> 15-year-old brianna hill is inspired by the message. >> how we can all come as one and make a lot of things happen if we just come as one. >> reporter: there is a movement to make the congressman's booked required reading in high schools nationwide. in san francisco, carolyn tyler, abc 7 news. it is time now for ask finney. seven on your side michael finney answering your questions sent in via facebook and twitter and e-mail. and troy b. asked, the growry store i go to still doesn't offer chip technology at checkouts, are they required to use it by law yet? >> no. and they never will be. this is just contractual relationship between the store and the card companies. they don't ever have to do it. they want to. because when they get it done, then the guys who issue the card are responsible for any of the fraud. right now, if they don't have the chip technology, then they are responsible for the fraud. what does all of this mean to you? this is the bottom line, it doesn't make any difference to you because you are not responsible. if you know -- once you have a card that is lost and you know there is fraud, you report it, over with. you owe $50 and they won't even collect that and it doesn't matter if it is chip or magnetic stripe. >> gretchen from san jose asked on facebook, there is a fire hydrant at the end of the driveway and the curb isn't painted red and people park there all of the time and including blocking our driveway and we called parking patrol but it keeps happening, how can we fix this. >> this is such a hassle. in the state of california, you don't need a red zone. you are not allowed to park within 15 feet of eye fire hydrant so you call up the city parking deployment team and have them come out and if there within 15 feet they should ticket them. if they are in front of thur driveway, they have to ticket them. could you try to get it painted red. it is very difficult to get that done. it is a long process but since you live there, it is worth going through the hassle. so call up the city and say, how do i start the process to get this curb painted red. >> interesting. finally, wesley r. from morgan hill asked on facebook, can i use my iphone to record a verbal agreement and have it be binding? >> it would be binding, whether you recorded it or not. that is the way the law is. written or verbal, the agreement is is an agreement. it is binding. if you are talking about doing this secretly, don't do it. it is against the law. here in the state of california, you could end up in a lot of trouble. civil and criminally if you record it without telling the other guy. so don't do it. look, if you are working with someone, dealing with someone, who is this untrust worthy, you need to find a different partner. >> that is the big picture there. michael, thanks. in today's wellness report, strollers sent thousands of kids to the emergency room. >> and pets could be infecting keeps with superbugs. here is jane king. >> nearly 361,000 toddlers were treated in hospitals for injuries caused by falls or tip-over in strollers, from 1990 to 2010. now injury research and policy at nationwide children's hospital found most often the children suffered head and face injuries. most of the injuries were just bumps and bruises but others were more serious. well your parents hold clues about your life expectancy. a new study from the journal of american college of cardiology said long-lived parents may reduce the risk of death in kids. this information could help determine your own risk of death and disease. now people with shorter lived parents could improve their health by being physically active and eating well. and dogs might have superbugs. they found a pet shop worker infected with a anti-biotic resistant strain of e-coli and may have been infected by dogs at the store that carry the strain. if pets could infect people, that provides more opportunity for them to spread. and what is the worst advice to give someone when they need to calm down, tell them to relax. a professor of emotion said that director has exactly the opposite affect on most people. now what can you do if you are on the receiving end of this advice. doctors say in stead try to sit down and figure out ways to make situations less stressful. from the nasdaq, i'm jane king. here's to your health. a dog that gained worldwide fame for popping balloons is popping up again. a video game now. a jack russell terror, twinkie, broke the record for balloon popping. and that is all training for his role of a lifetime as pacman,a newly launched web series stars the pooch dressed up and scurrying around a real-life maze and chomps away at balloons while evade the famous ghosts into well abc 7 news at 4:00 continues up next. and your commute and it all adds up. and your mood is affected by sitting in traffic. and here is kristen zse with a look at what is coming up at 5:00. >> thanks. coming up, guy seen hanging out of a car with a gun. the rolling gun battle today in emeryville that shocked everyone. and the tug-of-war over a computer. what is going on in this surveillance video. and what happens when thousands of backpacks absolutely have to be delivered to dozens of schools and wil tonight on abc 7, the real o'neals is at 8:00 and modern family and then black-ish and then abc 7 news at 11:00. and it is a pain, but sitting in bay area traffic cost drivers thousands of dollars a year. that is according to the nonprofit group trip. david louie is live along highway 101 in san jose with thetory. david? >> reporter: ama, trips report indicate that 79% or nearly eight out of ten major roads in san jose could be classified as being in poor condition or worse. and that is costing drivers nearly $900 a year in added costs for things like fuel, repairs and depreciation and tire wear. it all adds up. congestion delays, potholes and inn accidents. the transportation research group trip said bay area drivers are paying for it right out of their pockets. statewide costing well over $53 billion yearly and nearly $2,500 per driver in san jose. >> when you are not making so much and you have to stop and take a day off of work to get your car repaired, yeah, it comes out of your pocket pretty good. >> reporter: roadways are deteriorating from heavy use. 121,000 vehicles use this highway underpass that developed a 4 by 8 foot hole and two northbound lanes had to be closed for repairs backing up traffic for miles. >> we are creating jobs faster than anybody in the country and growing in population very quickly, it has been hard to keep up with road construction and maintenance. >> reporter: with state and federal funds limited, counties and cities are seeking new sources. in santa clara it is a half cents sales tax. >> we are looking at making a $1.2 billion investment in pothole fixing as a result of measure b. if we could get voter support for this in november, we'll see a world of improvement. >> reporter: and if commuters are hoping public transit is the best alternative, that is not only the case. >> our buses are traveling on the same infrastructure that everyone else is on and in the same traffic everyone else is in and it is critical to try to fix the problems we have with our transportation infrastructure. >> work continues on extending b.a.r.t. to san jose and doubling the capacity of cal train but those projects need money. in san jose, david louie, abc 7 news. and that will do it for this edition of abc 7 news at 4:00. thank you for joining us today. i'm ama daetz. abc 7 news at 5:00 begins right now with dan and kristen. breaking news in san jose, fire erupts on a train trestle. we're live on the scene. plus -- >> the flam were all around us. >> and those flames are raging unchecked tonight. no containment in sight for this fire in southern california. to the north, what surveillance video caught about the arson suspect in the clayton fire. plus what happened to him right before he appeared today in court. >> i was informed that he passed out. >> also tonight the rolling gun battle today in emeryville. >> and the man arrested at church. police say he swindled hundreds of thousands of dollars. thick black smoke breaks out with flames, breaking news in san jose where a train trestle turned into an in ferno. >> here is a look at where it is happening on worcester avenue by eggo way next to the old kellogg plant west of highway 101. good evening, i'm kristen zse. >> and i'm dan ashley. here is another look at the fire. could you see from a different advantage point just how hot and intense and smokey it is. >> abc 7 news reporter chris nguyen joins us live from the fire scene. chris? >> reporter: it is still too early to tell how the fire started. you could see the crews behind me doing their thing. let's show you the view from sky 7 hd. the crews poung water on to th trestle. this all started at around 4:00 this afternoon. that train trestle caught on fire which then spread to vegetation in the area. again, too early to determine how this fire started, but with can he say that it happened near a homeless encampment and we just spoke to a fire captain and he tells me the reason why all of the black smoke was coming up was because the train trestle is covered in this tar -- covered in tar. it is coated in tar, which is weather -- which is weather-resistant and which is why it created the black smoke. at last check, right now the homes nearby have been evacuated, including senior living facility. but right now no structures are -- or no structures from burned. we are still working to get more detail here at the scene and we'll be sure to pass those along to you as soon as we get them. live here in san jose, chris nguyen, abc 7 news. back to you. and more breaking news in the bay. sky 7 is busy live over the scene of the brush fire in morgan hill starting at 3:15 this afternoon near northbound 101 and bailey and right no the flames have burned 100 acres. could you still see the smoke rising in the charred area there. in the past 45 minutes the fire has gone from 10% contained to 50% contained so they are doing better. nearby golf everts at the

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