tomorrow is going to be a whole other story. relative light humidity and the temperature not too high. red flag warning for the next day. we'll keep an eye on that fire and keep you posted throughout this newscast. meantime a refinery leak made about a dozen people ill and officials say the leak may continue until tomorrow afternoon. the leak happened at the conoco phillips refinery in rodeo. john fowler is live there now with why this situation isn't over there yet, john. >> reporter: that's right ken, we're right at the edge of the refinery and there's no smell and we can't see the leak from here. the reason we can't smell it is because the winds as bill said out of the west blowing this fume away from rodeo toward the north and east. >> reporter: the refinery is just west of highway 80 in rodeo at 7:30 this morning this so called sour water tank ruptured. company officials say hydrogen gas started leaking out. people in the town of crockett got the worse of it. swimmers were sent home from the community pool. >> it's a really bad smell, it's irritating like my smelling. >> reporter: 10 people reported serious illness and it continues. >> now it's not as bad. i've gotten used to it. >> people can definitely feel nauseous with these odors, they can get headaches and even stinging eyes. >> reporter: randy sauer says people who smell it and have respiratory problems should stay indoors or go up wind. >> we deeply regret and apologize for the impact on the community. >> reporter: officials now concerned drivers may become nauseous or have vision problems on highway 80. the refinery says it may take another 24 hours to fix this tank. coming up at 6:00 i'll tell you the challenges they face plus we'll hear from some angry residents, john fowler, ktvu channel 2 news. about 100 people were forced from their apartments in san jose early this morning when a van slammed into the building and sheered off several gas meters. the accident happened at the grove meadow apartments that's on random lane east. nobody was hurt, but the natural gas leak forced the fire department to evacuate everyone in the 36 unit complex. pg & e says it took almost three hours to repair the damage so people could finally return home. pg & e says milar balloons are to blame. the balloons hit power lines on 27th avenue around 1:00 this afternoon causing a power surge. almost 10,000 customers in oakland's fruitvale district and east oakland were affected. power has since been restored to all but 189 of those customers. pg & e says it hopes to have all power restored by 9:15 tonight. arson investigators are trying to determine if that huge fire near the west oakland b.a.r.t. station yesterday was intentionally set. authorities say a security guard spotted three suspicious people near the senior housing complex that was under construction. the fire erupted minutes later in the early morning hours on thursday. but there will be a delay in getting investigators close to where the fire started. ktvu's christien kafton is live in oakland to tell us the reason for that delay. >> reporter: that investigation is still very well on the way. we can tell you so far the investigation is focusing on that back corner of the building that's believed to be the spot where the fire originated. 3:30 this afternoon structural and concrete engineers arrive on scene and began examining the still smoldering building. yesterday morning the fire destroyed the senior center under construction. oakland fire called in the bureau of alcohol, tobacco firearms and explosives to help figure out how the fire started. >> our oakland partners requested our resources. >> reporter: that means the investigation so far has been focused outside the building. >> we're following up on investigative leads, we're conducting interviews and ultimately the goal is to get in and find out exactly what happened. a security guard from a near by building says investigators wanted to review surveillance footage from his cameras. thursday morning was busy, there was a group of three or more young ults in the area and he says he had to chase them off twice, and he says there was also a man in an suv. police now want to find those people. >> it was reported that there were some individuals in the area that morning. as far as the number we don't know that exact number. >> reporter: coming back to that live shot, that guard told me that when he saw flames yesterday morning he ran to that trailer right there where six workers were sleeping, he said he had to bang on the side to wake them up. oakland fire department has told me the electricity was not on at the moment, and it does not seem that there were any tools left on that may have been the source of the ignition. right now the source of the ignition, the source of the fire still under investigation. coming up at 6:00, yesterday's fire and b.a.r.t. closure exposed a weakness in the bay area's infrastructure. we'll take a look at what it would cost the commute up to speed. a fire that destroyed six businesses this morning may have started in a restaurant: crews responded to the three alarm fire atjefferson street just before 1:00 a.m. news chopper 2 gives us this look at the remains. they stayed at the scene for several hours putting out hot spots. the city's fire department provided some photos here as the fire was still raging. president obama surprised the nation today with a landmark executive order. the u.s. will no longer deport young immigrants just because they are here illegally. scott mcfar land reports this sweeping change may spark a political fire storm. >> reporter: this is the official paper work signed by the secretary. nearly 1 million undocumented individuals have been deported. the announcement impacts only those who arrived in the country before turning 16. it doesn't grant citizenship but a two year work permit. those young people must be high school graduates or must have served in the military. >> it is the right thing to do for the american people and here's why, here's the reason. because, these young people are going to make extraordinary contributions. >> reporter: the president is essentially doing an end run around congress. look closely at the official memo. the obama administration says it's exercising prosecutory discorrection. >> is it possible the timing of this is political? >> i don't think it is, i mean again obviously this is a democracy, so you know we've been putting pressure on the president and he's responded and that's how democracy works. >> reporter: and we spoke to diane spine -- feinstein who says, this is a responsible address at reform and i'm pleased the president is taking action. >> i believe the status of young people who come here through no fault of their own is an important matter to be considered and should be solved on a long term basis so they know what their future would be in this country. republican presidential candidate mitt romney called the president's executive order a short term solution. one that could be reversed by a sub -- subsequent president. he said the immigration issue should be resolved through legislation. california's senate barbara boxer issued a statement that read quote, i applaud president obama for helping these talented young people continue to contribute to the country they call home. she went on to say, quote it was the right thing to do, and now congress must take the next step by passing comprehensive reform that will fix our nation's broken immigration system. in our next half hour the immigration debate comes right to president obama's headquarters in oakland. the demand and doubts of some of those affected by today's action. a popular restaurant in walnut creek is closed due to a noro virus the outbreak. california pizza kitchen in bravo plaza sickened about 20 diners last week. it was shut down yesterday. restaurant officials say they are now conducting an internal investigation into sanitation and worker hygiene. they say they hope to reopen this weekend. california's unemployment rate went down just slightly last month. it came in at 10.8% for may. that compares for 10.9% in april. it was a full percentage point lower than one year ago. the state added just under 33,000 jobs last month. marin county again has the lowest unemployment rate in april. the highest rate was in solano county down from 10.2 one month earlier. san francisco remained unchanged at 7.4%. nutully road improvement project in san ared completed. state and local officials joined for a ribbon cutting ceremony. the improvement included adding a lane on to the capital expressway as well as changing clover leaf ramps and extending a merging lane on to tully road. a new overpass also has wider bike lanes and sidewalks. one of three men convicted in the chowchila kidnapping will soon be released from prison. in 1976 two kidnapped children and buried them alive in a bus. today corrections officials announced schoenfeld will be released next month. he was not considered a threat to society. they beat the deadline, state lawmakers this afternoon passed a budget and will keep their pay. marijuana smokers and teenage girls, the two will be neighbors this weekend at the san jose convention center, we'll tell you what's being done to keep them apart. and a live picture of that fire burning near fremont off of 680 in the east bay. we have a reporter on theway, we'll have a live update coming up. ♪ but, it turns out all i was missing was miracle-gro potting mix. it's got what a plant needs. even plant food that feeds them for up to 6 months. you get bigger, more beautiful plants. guaranteed. who's got two green thumbs thanks to miracle-gro? uh, this gal. boom! everyone grows with miracle-gro. boom! more now on breaking news we first brought you at the beginning of this forecast. our chopper 2 has been over the fire. we have new information about progress being made by the fire crews. >> reporter: just minutes ago i talked to the commander, the chief here he said they have it 60% contained. but i want to give you a look at what fire fight fire fight -- firefighters are up against. this is the side of the hill. right now you see a crew the folks wearing orange there. that's a fire crew hiking to where they still have to battle this fire. you see smoke coming up on the trees. there's a lot of activity. i see two aircrafts here working on dropping water on this fire as its burning. to give you some sense of where we are, we're here on calaveras road in sunol. you can see it's very hilly terrain, warm weather. something working for the firefighters is that the wind is not as strong as you expect them to be as we move into the weekend. we are also told there is no imminent threat to any homes out here at this point. that's allowing firefighters to be a little more aggressive on how they handle this fire. they're able to get a lot of heavy equipment right into where they need it to surround this fire and knock it down. but again, you can see a very large section of the hillside is burned at this point. it's in the neighborhood of about 300 acres so far. and they have all told more than 200 firefighters out here, in fact, if we kind of come back to the base they've set up here on calaveras road, you can see all the fire personnel kind of doing the planning they have to to fight this fire. and when i talked to the chief, something else he told me is, by not having homes immediately in the area, they are able to kind of craft their strategy to get in there and like i said more aggressively fight this fire. but what they do have to be conscious of in this situation is firefighter safety. right now he said that's the number one priority for his guys that are up the hill fighting this fire. everyone homeowners said they don't want this thing to get out of hand. and when i asked why this is so important, they said they have to be ready to go to the next one. we have a high fire threat. so they're preparing to have a long day and even a long weekend. we'll bring you updates in the next 90 minutes, eric rasmussen. there's a big if to the spending plan, ktvu's ken pritchett is in san francisco at the state capital with what democrats are hoping for, ken. >> reporter: well technically they beat the deadline because the main budget bill passed this afternoon and it will be sent to the governor's desk before midnight tonight. however there are about 30 bills mostly smaller bills that make up the entirety of the budget and some of those haven't even been written yet. >> corbit, i correa. >> the votes were mostly split. democrats yes, republicans no. democrats say this budget was the best they could do with republicans refusing to raise taxes. >> i would ask you respectfully to tear up your pledges so we can have an honest conversation, addition and subtraction. >> reporter: the budget includes 15.7 billion deficit, 8 billion in cuts, and 8.3 billion in revenue. >> if we pass these taxes in november it gives us every prospect and every opportunity to make this the last year of budget deficit in california and that's what we aim to do. >> reporter: republicans argue that this budget is not on time, not in balance. >> you can ask the comptroller to take a look at this budget at any time before the governor receives it for signature and see if it's truly balanced. >> reporter: it was a similar situation last year and there was an effort to deny lawmakers pay because some said the budget wasn't due on time. that effort failed. as for the remaining bills, those bills will be done next week and on the governor's desk. the democrats do not have a budget deal with the governor, he vetoed their plan last year and he has until may 30th to sign a budget. fremont based solyndra is moving forward with bankruptcy plans. the company says it's reached an agreement with most of its major creditors. solyndra is currently seeking grants to continue their bankruptcy. the board approved a budget that includes $47,000 for animal shelters. however it was considering closing after mountain view opted to switch to another service last year. the move cost the shelter about $40,000. young volleyball players and the marijuana convention known as hempcon side by side at the cal. >> reporter: people are milling around looking at marijuana and all the other paraphernalia that goes along with it and that's a little too close for comfort for some parents of teenagers who are playing volleyball next door. >> reporter: marijuana advocates rolled their gear into the south pole of the convention center. they neatly displayed their marijuana. >> it sends out positive energy. >> reporter: the main part of the convention center will be holding a volleyball tournament. we spoke to parents who voiced their concern about their girls running into people from hemp con spoking. >> if you have a moral issue you have to keep a real close eye from your children. protect them from what you think is wrong. >> reporter: they released a statement saying that hemp con and northern california volleyball have co-existed together in the past with no issues. the tournament is being held on the second floor of the convention center which is sect -- separate from the south hall. >> they will not be smoking in front of the girls, there's one small regulated restricted area outside that's patrolled also. >> reporter: a hemp con spokesman said you have to be 18 to enter hemp con and that will be strictly ep forced they also welcome san jose police to come in and monitor activity. reporting live from san jose, janine de la vega, ktvu channel 2 news. it is hot out there. we have a fire burning in the east bay. let's check in with bill martin and see what we need to be concerned about this weekend. >> definitely we've been talking about the fire danger increasing and that's because it's going to be hot tomorrow. temperatures will go into the triple digits. most likely it'll be the highest temperatures we've seen this season. 101, 103 in the central valley. we go out toward concord and we can check out some of the wind gauges. right near pittsburgh, -- pittsburg, we have winds gusting to eight. the winds are really light in this area east of south of livermore down in this area where my cursor is. typically this time of night it's howling. the winds are light, the etch the -- the temperatures are not that high. and there's a red flag warning that goes into effect in the next few hours. the humidity drops to 30%. that's the north bay hills i would not be surprised if the east bay hills would get themselves a red flag warning as well. the high heat is definitely an issue. i think that's why they got such a quick handle on it. rasmussen just gave us the idea that they are 60% contained out there which is good news. these were the current temperatures, these are the current temperatures right now. tomorrow's highs at this time, mark tamayo will be here and he'll be talking about temperatures low 100 for saturday. red flag warning in effect, the next few hours for the north bay and it could easily go into effect, so stay tuned. these are the highs for today, highs tomorrow. livermore goes up, the humidity drops and the temperatures go up. this is pretty class this time of year. it's on for fire season and we're going to see it tomorrow. these purples represent cooler temperatures along the coast. but there's still 80s and 90s in places around the bay. but you get into these purple zones and these are high danger areas. these are just dry brushing the temperatures i will get specifically the forecast high for your neighborhood tomorrow. we'll go right to the five day forecast and we'll talk about your saturday and sunday and monday and let you know when the fire danger will ease. i'll see you back here in just a bit. we are following that gas fire -- grass fire that is burning in the east bay. the fire started a little more than an hour ago. we have eric rasmussen at the scene of the fire and we'll have an update coming up. cheating the system and finding those responsibility. how much the government spend figuring out its losses due to medicaid fraud. >> new at 6:00, a bay area judge faces a judge in court today. we uncover what his attorney is saying about the charges. >> also -- >> it looks like a train, and it does what a train does, but it is really so much more. >> a closer look at the bay area's transportation after yesterday's commuter fiasco. >> plus do you know this woman? we reveal why a bay area hospital is desperately trying to identify her. tonight on ktvu channel 2 news at 6:00. that's sixty seconds, for crying out loud. we know how long a minute is! sitting, waiting for an album to download. i still have back problems. you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible. have you bought your dad a father's day gift. an annual survey shows spending is going to be up 10% from last year the same as yesterday. gift cards lead the presents at 30%, clothing, electronic and tools were next on the list. then come sporting goods, alcohol, c ds and dvds. the government accountability office delivered the report to a senate committee today. the agency learned that the federal agency rooted out $20 million in medicaid fraud since 2008 but spent $100 million on the investigation. that money went to private contractors. the medicaid program lost $22 billion with a b to fraud last year. we are monitoring a fast moving grass fire in the east bay that quickly burned 300 acres, we'll have a live update coming up. >> the doors are still locked here and there are protesters inside this obama campaign office in oakland. we'll tell you why they're here and w