bulldozers were used to carve outline. it's when they tie all these lines to gether that containment will be 100%. >> we're going on the fire's edge and making sure we have the primary control line in to prevent anything from getting over the line. >> reporter: right now you're looking at a large burned out area. it was burning hot yesterday. today there is not much to see. we have the containment number of 45%. there has been work going on all day long so we expect within the next hour to get an update. coming up at 6:00 we'll show you some of the damage here in the state park as we made our way to the summit. >> weapon don't know yet when those evacuated will be allowed back in. paul chambers will be live coming up to how they're reacting to another day of waiting. >> it is prompting the same smoke advisory as yesterday. people should reduce their exposure to smoke. if the air smells like smoke spend more time inside with the air conditioner set to recirculate. anyone with respiratory or heart problems need to consult their doctors. some of the fire photos we're receiving is incredible. here is one that shows how the smoke turned the sky into a bill i cannot deep red and purple. we also got this one that shows a clear attack on the fire with a good dose of fire retardant. he says he took it halfway up the mountain. we put together a slide show of all the photos along with information on our website at ktvu.com. developing news now. in less than an hour the president will layout his case to the people as to why military force should be used in syria. the break through from russia could avert the need. the president has been forced to revise what he had plan today say. president obama made a personal appeal on capitol hill to senators from both parties pushing for congress to authorize the use of military force on syria for last month's use of chemical weapons against their open people. >> i think it's important for us to not let the pedal off the metal when they understand that we mean what we say. >> two top cabinet members testified explaining why a military and diplomatic track needs to be pursued simultaneously. >> nothing focuses the mind like the prospect of a hanging. >> it's the credible threat of force that has been on the table for these last weeks that has, for the first time, brought this regime to acknowledge they have a chemical weapons also natural. >> more than 60% of the people oppose the strike. leaders of both houses support president obama's military use t.prospect of a diplomatic solution slows legislative action. the president is expect today speak from the white house less than an hour from right now at 6:00. >> there are local events planned in connection with the president's speech. the anti war group, answer, plan as watch party at 6:00 at 2969 mission street in san francisco. san francisco's common wealth club plan as watch party at 595 market street. people will need to get the free tickets in advance. ktvu will carry the speech live in less than an hour. it is set to begin at 6:00. a big honor for a congress woman. barbara lee is nominated to be the us representative of the general assembly of the united nations. she said she's honor and that it will be her goal to help foster stronger ties, deeper bonds and increase our commitment to the united nations and a better world for all. she'll also continue on representing 13 district in congress (. >> new video out of san jose. a construction worker discover add suspicious package downtown and reported it to investigators at 11:40 t.package was deemed harmless. two blocks surrounding market and santa clara closed down the area. an early morning apartment fire in berkeley killed a university of san francisco professor. terry spoke to neighbors who heard the trapped man screaming for help. >> reporter: a neighbor's cell phone video shows flames roaring. police knocked on her door at 1:40 this morning. >> i rushed was like oh my god. >> it was pretty spectacular when they came out. the floor was already outside. >> reporter: 7 people made it out safely from the building on oregon street. one man was still trapped. >> the door was locked and dead blotted. >> reporter: crews found 56- year-old andrew goodwin. he was a professor of media studies and pop culture from england. jeffery clark knew him through his 27-year-old son, james. >> he made the best pancakes ever, british fingers. >> reporter: goodwin's apartment was a loss but a book fell from his window a few days ago and they'll give it to james as a me men. >> today the university of san francisco said andrew will be greatly missed by his colleagues and friends. we offer sincere con dole lenses, and prayers to the family and friends. archaist ta county fire continues to rage out of control. it is burned more than 11 square miles and evacuations have been ordered. about 110 structures have been destroyed or damaged. it's threatening another 350 buildings. the clover fire is 40% contained. pg&e says only a few lawsuits have been settled. the remaining claims amount to about $110 million. a spokes woman said the money comes from share holders and some will be covered by insurance. 8 people were killed in that explosion 3 years ago yesterday. many more suffered catastrophic injuries,. city attorney sued the state of nevada. dennis herrera said the city spent lots of money to tend to patients from a psychiatric hospital in nevada. the report fails to provide details. a group of occupycal protestors had their first day in court today. 21 protestors filed that claim in court. it claims police brutality, violation of free speech rights in 2011. they're suing for $15 million. today uc lawyers filed a motion to discuss. >> we're here to make clear that it's completely unacceptable. we're going to fight it out. >> there is no word yet on when the court will issue a ruling (. >> a bay area high school is dealing with a bat problem and concerns with what they're leaving behind is making people sick. health officials say there is no reason to worry. >> reporter: it's a creepy thought. your kids school is home to some 5000 bats. that's what's happening here at glen cove school. this looks like something out of a vampire movie. dozens battles flying away from the school. >> they were estimating maybe 500 bats total. >> the hundreds battles are not living inside the building but behind trim. >> the droppings are contained and flushed down through the storm drain. >> reporter: one school employee told me about getting sick repeatedly over the last few years. >> that's my first concern. i stayed at the school all day today. i stayed with her all day. >> reporter: a memo about the bats went home to parents yesterday. >> i'm going to talk to the principal today when i see him. they can at least keep us informed. health is a big thing for me. >> reporter: i talk today county health officials and they say the bats are not a danger. they've yet to receive any complaints. >> would you put your kids in these classrooms? >> absolutely. >> i'm sure the principal has things under control. i'm confident in that. >> reporter: officials say the classrooms were evacuated while they ran test and have found no problems in any class. new details of a secret data spying program reveal t.information that prove government spies went too far. a happy reunion between a passenger and an off duty officer. how the quick thinking saved this man's life. apple unveils two new iphones stand major new feature. it cooled down big time today, as much as 18 degrees in some places. how much cooler can it get? i'll let you know back here in about 10 minutes. ♪ at kaiser permanente we've reduced serious heart attacks by 62%, which makes days with grandpa jack 100% more possible. join us at kp.org and thrive. >> we're going to replace the iphone 5 andrea ear going to replace it with not one but two new designs. tim cook confirmed the rumors about a more expensive iphone and a cheaper one. there is an iphone 5 s, iphone 5 cand more technology. we have more on if they offer a new revolution. tom? >> reporter: today it was evolution but evolution at warped speed. here at apple's headquarters they debuted the top of the line 5 sin store on the 20. it double tropical storm speed of the current model. it's $200 to $400. >> it's a computing powered device in your pocket. >> when you can take advantage of that kind of speed there will be a whole new generation of apps. >> reporter: it takes better clearer pictures and video. it's fast and secure access, a finger print reader on the button for one or seven users. >> that was a surprise to me. i've never seen one that works. >> reporter: also the lower priced 5 c. they're in blue, pink, yellow, green and white. these are geared toward picking up buyers unable to pay for the aluminum case models. >> it's the same phone you get in the 5 currently. >> you get the same phone for less money and a bit for funkiness. >> $99 for a 16 gig bite and $199 for the 32 gigs. >> reporter: despite that, apple shares close to $200 below. walmart is announcing a new trade in program. the retail giant said the customers can get up to $300 in credit for an iphone 5 in good shape and you can trade it in for a new phone at any walmart or sam's club store. the new program is set to kick off one day after the new iphones go on sale. stocks closed higher today as the threat of a us air strike diminished. the dow jones was up 127 points and remained firmly above the 15,000 mark. mazz dark climbed 22, s&p rose 12 points. apple fell 2% to $494 per share after today's unveiling of the two new iphones. investors were concerned there were no must have features and they'll end up hurt the profit margins. the dow jones announced that hewlett packard, bank of america and alcoa will be removed. hp has been part of the index since 1987 but suffer add steep decline since more are buying smartphones and tablets. a congressional hearing today focused on state and local marijuana laws. secretary holder said that federal authorities will no longer interfere with state that is adopt marijuana laws. they heard an opinion for and against. increased fire danger forced the closure of alan rot park. today's decision to shut down the park has to do with the strain on the mt. diablo fire. the city says conditions will be assessed everyday and that closures could extend throughout the week. at least today the temperatures came way down and bill that is certainly good news. >> they came down a lot. numbers were down 10 to 15 degrees. we had 100-degree temperatures yesterday. today we were in the upper 80s. here is the satellite loop. you can see the fog present along the coast and it really pushed in last night. you know it's going to push inland tonight. it's in oakland, berkeley and working its way up the coast plian. fog is the forecast and they love that for fighting fire. it brings winds but drop tropical storm temperatures. there is a sustained wind at 35 miles an hour. picture the cool moist air off of the pacific. it's cooling off sacramento. cool strong winds, sea breeze, changing things around here. 15 mill per hour winds in mountain view t.winds will be brisk the next couple of days. 80 in liver more. these numbers are down. tomorrow a little cooler than today. tomorrow around the bay upper 60s and low 70s. most numbers will be in the mid and low 80s. specifically, right downtown san jose, 80 degrees the downtown high tomorrow that.'s warm but much better air quality and better pattern. 82 in fairfield, 72 in napa. center field 72, 65 in san francisco. these are the numbers were wednesday. 80 in san jose. bay area weekend in view, we'll see the temperatures drop tomorrow, up on thursday. friday they'll come back up. friday looks like the warmest day and saturday and sunday is kind of mild. i happen to know a lot of the firefighters and so they'll have better days. they do appreciate this pattern because it's much easier for them. >> the mild is nice. a controversial plan to save an en dangered owl. why it means killing other owls. while firefighters were working on mt. diablo, you won't believe the heart less crime going on at two stations. also, 3 lanes down to 2. these stories and much more coming up new at 6:00. [ trina ] i'm a student at devry university. and these are my roommates. this is one of my favorite professors. and so is this. this is my academic advisor. and also my cheerleader. and when i finish my degree in business... a new job, at a great company... that's the graduation present i want. [ male announcer ] in 2012, 90% of devry university grads actively seeking employment had careers in their field in 6 months. find your career success in the bay area. learn how at devry.edu. federal wild life officials are moving ahead to save the northern spotted owl from extinction. the plan involves killing a rival owl. they've been taking over feeding areas. they said today it has given final approval to allow trained hunters to shoot the bard owls. the bard owl has made it to the east but started arrive ng 2002. the income gap between the wealthy yost americans and the rest of the population has grown to its widest margin yet. economists looked at figures and said the top 1% of earners took in more than 19% of income. their incomes rose nearly 20% from the previous years compare today a 1% increase for everyone else. that may be due to capital gains increases. a job fair in san francisco drew people from all over the bay. the hire event featured more than 600 events. there were also people there to help with resume's. it was at the hotel whit come on market street. day 3 of the fire fight on mt. diablo and the tide appears to be turning for firefighters. >> reporter: the evacuation order should be listed in about half an hour. new developments in the syrian crisis. how it's impact the bottom line for bay area commuters. another top city official stepping down in the city and why she told us she's leaving. [ man ] it's big. quickly reconnects families. same with aladdin. the biggest in bail. no one has lower prices, is faster or more professional. aladdin bail bonds. bigger because we're better. firefighters are gaining the upper hand on the fire threatening homes on mt. diablo. it's not yet surrounded. cal fire says it's 45% contained. mandatory evacuations are still in effect. paul chamber social security live at the evacuation center and with sack wees and what they have to say tonight. >> reporter: the red cross rolled out of here. cal pire is going to allow people to go back to their homes. we caught up with a family that said it caused the fire to come closer to their home. >> we moved in april and a fire broke out in august. [ inaudible ] >> reporter: alexis cooper lives here but her parents operate a farm if clayton that was in the family 37 years. her mother called last night and said they needed to evacuate. she said within minutes of her arrival she heard explosions and she saw it within a few hundred feet of the home. cooper said she had to act quickly in gathering her parents and belongings and be ready to go but things got confusing. >> the firemen were saying you need to go but then they said no, it broke out here, we need you to told. >> reporter: she said she was afraid but knew the firefighters were in control. you'll hear more from her and others in the community coming up at 7:00. cal fire said they'll be lift the evacuation order so people can return to their homes and they will get rid of the road closures. firefighters were fight the morgan fire while thieves were ripping them off. coming up, what one fire station did to ward off another burglary. we have developing news right now involving a story we brought you last night. animal control in the south bay said they found the woman in this video. she was spotted violently yanking and kicking three dogs walk ng san jose. she was arrested just over an hour ago. her name has not yet been released. we have no word on whether or not anyone will get the reward. we're about 35 minutes away from the president's speech ton crisis in syria. he's expect today layout his case as to why force should be used in syria. a break through brokered by russia to have syria hand over their chemical weapons could avert the need for military action. we'll bring you live coverage as soon as it begins at 6:00. uncertainty about the military strike has made gas prices jump about 20-cents. according to triple a gas is averaging $3.98 a gallon in san francisco and $2.91 in san 2.91, i fran, i'm sorry, 3.91 dollars. two men met for the very first time and robert is there to share the moments. >> reporter: we're at o'connor hospital in san jose. some very touching moments. one man is grateful for being alive and one happy to have saved him. robert is a veteran of the san jose police department. he stopped at the hospital to see the man whose life he saved. >> thank you. >> i'm glad you woke up. >> reporter: the man was possibly having a heart attack at the airport yesterday and he helped revive frank michael new necessary. he remembers feeling stressed about his flight schedule but then just remembers waking up on the floor. dale use today run the cpr training. >> it's the first time i'm had to use one to help someone come back. it certainly did work great. >> you think you're 100% healthy and some things are just unforeseen stand next thing you know you're on your back. >> reporter: both men say the visit was important. >> i know i'll keep in contact with him. it's a proud moment for me to save someone's life and be able to communicate with them afterwards (he saved my life. i had to shake his hand or something. it means a lot. >> reporter: new necessary will remain under observation to see what happen today him but he's recovering and feels better than he did yesterday. new at 5:00, the woman who's helped keep finances on track for san francisco resigned today. she said she plans to step down by the end of the year. she's spent 34 years working for san jose. we had an opportunity to speak to her about why she's leaving. >> i made a commitment to myself when i started this position that i'd work as hard as i could to get us to fiscal stability. i think we've made a lot of progresses. >> reporter: it's up to mayor reid to name a replacement once she leaves her position she plans to spend more time with her family. she says she'll look for news ways to serve her community. information was collected in 2009 by the national security agency including telephone number, ip addresses and internet user names. the data was swept up in surveillance of foreign terror suspects t.government has been under pressure to reveal more details. an inmate working on a work crew has disappeared. james franklin cane was not with the crew. he was serving a sentence on drug charges. if you see him call police. investigators are looking into the cause of a small fire in san francisco's marina district. it started this morning near the broadcaster's booth at the facility. no one was injured. team usa suffered a loss today. they were beaten by 'em rats emirates of new zealand. a sales promotion gone wrong t.backlash a golf course is facing after trying to take advantage of the september 11 terrorist attacks. an amazing rescue from a fire has story (. >> why these offenders may not be as dangerous as previously thought. a new reports say [ inaudible ] have not been rearrested. under proposition 36 about one thousand inmates have been released. about 2% have been arrested again. that's compare toad the statewide average of 16%. stanford law school's project releaseed the report (. >> people who sale dogs online will have to comply with the same rules as other breeders. they're meant to crack down on puppy mills. sellers must allow buyers to see the animals before they buy them or allow federal inspectors to look over their facilities. now it only applies to the sale of dogs. there has been another mountain lion sights around olive hill road. the san mateo county office of emergency services say it was spotted last night at about 9:40. an unselfish act save tropical storm life of a baby boy. >> he's so inseptember and doesn't deserve this. >> the special gift that actually required surgery to be given. >> after the break we'll talk about the major cool down today and the idea that tomorrow is going to be cooler. 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(. >> we're just three weeks away from the president's new healthcare law. millions are being spent so people know their options. in some states tfederal government will run the exchanges. it will cost taxpayers $67 million to help consumers figure out the options. >> navigators are to help the people pick the plans that suit their interest and pocket books. >> tea party activists called on congress to de funk the law. an autopsy is planned for a 3 month old who died at discovery years day care center. he was found not breathing. connor young was the child. one said the baby died of sudden infant death syndrome. >> she apologized and said this is what happened. she was crying on the phone. i just knew, at that point, when she said sudden death syndrome, there is nothing any of us can do. >> both police and coroner said no evidence of foul play. a micro blogging company is buying [ inaudible ] it could boost twitter's revenue. tesla announced expansion plans today in europe. there are 6 super charger stations in norway. they will move into germany and 7 other countries next month. they also plan to energize european roots. they're opening to sale 21,000 model s' worldwide. a wisconsin golf course is apologizing for offering jillion of on september 11 for $9.11. they said no disrespect was intended. they have received death threats and so they may close on september 11 for safety reasons. >> i love this weather. >> it makes firefighters happy. it gets fatter and colder around here with the marine layer and then it gets thinner and warmer. coastal range averages about a thousand feet. you have a thousand foot of moisture spilling in. it continues to spill in. we have significant winds showing up along the coast right now. fairfield, we have winds 25 to 30 miles an hour. all that fog is going to be in your neighborhood in the morning. more fog, slower burn off, cooler day. today was down 10 to 15 degrees easy and tomorrow we'll drop another degree or so. there is still a little warmth toward antioch. mid to upper 50s around the bay. the extended forecast, temperatures kind of clump up a little it bit. the real heat was yesterday and the last couple of days. fog forecast in the morning, there it is. i suspect we'll see fog by bem month, mountain view and red wood city, also out to san jose. look at the moist cool air. it cools sacramento in the 80s tomorrow. temperatures have taken a drop. downtown, the kids off off to school the liver more, about 59, 82 in the afternoon. the temperatures, 82 and it was 100 yesterday. 10 in clear lake. they're away from the influence of the marine air. 87 for brent wood. as you look at 80 in san jose, air quality is better. smoke from the fires have become less of an issue. five day forecast, as we push into wednesday, this week flies by, we have temperatures that go down a little and up a little. on this day you will. friday is the day you say it's hot around here. saturday and sunday the temperatures hang in there. i'm with frank on this. i like it, a little cooler and people like the barbecue weather. we have good weather. >> thank you. a new danger for the region devastated by the rim fire. how an organization is trying to save an environment. back to julie in the news room. while firefighters were saving homes, thieves were busy robbing their station. >> it was a surprise to us. >> the irrelevant replaceable and sentimental items stolen. plus, down size agriculture popular roadway. how reducing lanes could actually reduce traffic. these stories and more coming up at 6:00. could save you fifteen percent or more on car insurance. yep, everybody knows that. well, did you know the ancient pyramids were actually a mistake? uh-oh. geico. fifteen minutes could save you...well, you know. the massive rim fire in the cierras is 80% contained. the area in its path has been severely damaged. we're showing you video of the river after flames raged through the area. it burned 96% of the watershed. we'll show you what it looked like before the fire on august 17. they have launched a campaign to help with the recovery and restoration. >> we're looking to leadership of lawmakers to leverage the funding we're going to need to get the job done. >> they do not know how much it will cost but estimates for man $5 million. the rim fire is now an expensive emergency. the price tag stands at $100 million and that's with always 255,000 acres burned and the fire is 80% contained. nearly a dozen homes and 100 buildings have been destroyed. san francisco police are looking for whoever attacked a 60-year-old man last night just before 10:00 on turk street. police say the attacker road up on a bicycle and punched the man in the chest t.victim fell back and struck his head on the sidewalk. san jose police made an arrest in a shooting death. 60-year-old craig huh remember are a is now in custody. authorities say they won't release the victim's name until family is notified. a former track star is facing robbery charges. he also wore a star wars storm trooper mask. blue is also suspected of robbing a 4th bank he graduated from sky line high school in 2010. nearly one hundred people have reported getting sick after eating the recalled chiboni yogurt. so far no link has been confirmed between the illness and the yogurt. they recalled the yogurt because of a mold and has the code 16012 and expiration dates between september '1 and october 7th. (. >> meanwhile, today the fda announced new requirements for labels on pain medications like ox cot tin and vicodin. the new labels say that they should not be treated like over the counter medications. surprising admission by sharon osbourne. she revealed she had an affair with jay leno. she said it happened at the age of 25. she said the affair happened after she had met her husband but they were not serious at that point. leno has been married since 18980. he has not commented ton report. tonight, hercules will honor a man in a dramatic rescue. this man drove by a house and a fire explode. he stopped and got the woman out of the house. good evening, i'm julie. i'm frank somerville. welcome to an expanded edition of news channel 2 at 6:00. we're about a minute away from the president's speech on the crisis in syria. the administration is pursuing a possible diplomatic solution. >> let's talk quickly about some of the top stories. firefighters are gaining ground on the fire at mt. diablo blah. evacuation orders are being lifted and residents are