but again, 50 acres and growing on mt. diablo. and tonight, the entire bay area is under a heat advisory. the sudden bay area heat wave coming on strong today. the temperature topped out 104 in pleasanton. santa cruz hit 98, even san francisco reached the 90s. roberta going to show us which city set the new records. len ramirez in santa cruz, but let's start with ann notarangelo in concord and feeling the heat, are you? >> reporter: yeah, no kidding. i really would complain about being out here in the heat except it was my idea to come to the airfield in concord stand out here where there is no shade and right here on the asphalt where the sun is beating not only down but back up. i was kind of curious how hot it can get. my answer, it's so hot that it's gone around the dial once and we are back at negative 40 degrees. all right? obviously it didn't get that hot here throughout the bay area, but it was plenty hot for enough folks. >> we didn't have to look far to find people seeking shade or looking for relief from the

triple digits and those who couldn't beat the heat did their best to look cool. i got some good natured ribbing. >> like you have to tell us that it's hot outside and we're all sweating running around town with our air-conditioners on. >> reporter: there were fewer people milling around concord's farmer's market. >> i feel like i'm having a heat stroke! >> reporter: but the hot weather is good for the produce. >> the warmer the better for us. it stretches out our season for the most part because in the central valley we can actually grow all this wonderful fruit until halloween so the long ter stays hotter the better for us. >> reporter: on any given hot summer day, this is what waterworld california looks like. but today, not one person slip- sliding away. >> kind of get the first 100- degree day on the day we're closed it's kind of an ah, darn. >> reporter: yup. starting yesterday, they are now open only on weekends. they base their calendars on school schedules. they are waiting for the weekend and indian summer. remember west nile virus? it's still around, just not as

much recently. >> with the cooler weather, it's been a safer summer from west nile virus. >> reporter: last year, contra costa county and mosquito and vector control saw the first signs of west nile virus in march. this year they didn't see any until august. but if you're outside over the next few days, you could feel those pesky bites. >> we certainly see a spike in the mosquito production in hotter weather. and with warmer weather, we have more transmission of west nile virus with the higher mosquito production. >> reporter: up to now i have tried to avoid all the hot weather reporter cliches but let's embrace one for now the ever producer pleasing let's try to fry and egg. i brought a pan. we'll crack it and leave it out for the next hour. we'll come back at 6:00 and see if indeed it's hot enough to fry an egg at the airport. but first let's check in with roberta. she is in pleasanton. roberta, it feels like the hottest day of the year. i don't know if it is, though. >> it certainly, ann.

right now here in the pleasanton area, kids are still swimming because this is the last day of summer. they officially start school tomorrow. and what a way to end summer with it finally feeling like it. what is the current air temperature here? let's check in with our little weather girl. it looks like 108 degrees there. but i got to tell you, this is totally spontaneous. from where i'm standing i was looking off towards mt. diablo and we are picking up that plume of smoke from the fire that is burning so far out of control that we're keeping a watchful eye on here at cbs 5 but that's what happens when you have record heat in the bay area and extremely dry conditions. the relative humidity right now about 12%. we see these kinds of fires that do burn. now, so far, how hot has it been? it's certainly been the hottest day of the year and in some parts like san francisco, the hottest day ever in august at 92, was the record. so far we have hit about 98 degrees. 98 degrees in oakland, as well.

102 in san jose. 106 in santa rosa. it's not over. we'll pinpoint the day the cooling will occur. that's still coming up later in the newscast, allen. >> thank you, roberta. let's go to len ramirez. and you may have the best duty of all at the beach, len. >> yes, i feel spoiled right now. it's a little cooler than it was earlier today. man, it was hot earlier today about noon. felt like it was in cabo san lucas. people had trouble walking across the beach barefoot but plenty of people did. reporter: they came from out of the clear blue to play in the last best days of summer. on this rare sweltering day in santa cruz, surfers traded wet suits for sunblock. >> i think it's like the hottest day, sunniest brightest day of the year. >> reporter: would you like to surf in these conditions? >> it's wonderful, because all summer long it's been foggy and cold. this is the first week we have had true summer weather. >> reporter: at the beach boardwalk it's a bluing fa nally

blazing finale. the high temperatures put people in a buying mood especially if it's cold and refreshing. >> certainly been a little foggy and colder than most summers but business has been strong and we have been pleased with the way it's going. we are really pleased to have hot weather as the summer ends. >> reporter: the heat makes parents do crazy things like pulling the kids out of school for a final summer fling. >> they got ready to school like it was a normal day. i turned the other way, school or no? we came out here. >> reporter: what a day to play hooky, to enjoy the last best day of summer. even the waves were good so surfers were calling this a perfect day. >> sounds good. thank you. i got to tell you the heat is forcing bart trains to go

slower because of temperatures playing havoc with bart computers so the train operators are running on manual. so instead of doing 70, they are only going 25 miles an hour. caltrain we are told is also operating at reduced speeds because of the heat. let's go back quickly give you an update on this fire burning on mt. diablo. cal fire says it's grown 100 acres so double from a few minutes ago. the potential here is that it could get up to 500 acres, the record heat of course on mt. diablo as well adding to that. high power lines are causing problems. some are down. pg&e is out there near curry canyon road mt. diablo so we are going to keep an eye on that but it is growing. it's 100 acres and we have potential to go up to 500 acres. wildfires burning near bakersfield. this is a town where evacuation

are under way there. fire is threatening homes. high winds are contributing to the flames. so far 750 acres have burned near bakersfield. the town of lebick. other news tonight the driver of an suv doesn't know what happened. the car just seemed to shut down, she lost control, and plowed into a group of people standing near a bus stop. don knapp takes us to the scene at san bruno and arleta avenues in visitacion valley. >> reporter: an apparently runaway vehicle a ford explorer suv rolled down san bruno avenue towards bayshore left of center and slammed into a group of people on the sidewalk. >> the vehicle lost power and the driver was a 24-year-old woman, was not able to control the vehicle. she wasn't able to brake. the vehicle crossed the street and hit pedestrians at a bus

stop. they were waiting in the shade next to a building and that's where the vehicle hit. >> my son said there is something up there in between our van and his explorer. >> reporter: caught between the vehicles? >> yes. >> i felt bad. there is a lot of blood around. >> reporter: five accident victims four women and one lana 30s to 80s were taken to san francisco general's trauma center. two are in critical condition, three are in serious condition. at least of the two victims a man and woman are related. >> critically ill patients are being taken care of by the trauma team. they will do everything they can to save their lives and bring them back to health. >> reporter: the 24-year-old driver was not arrested. a spokesman told us there didn't appear to be any indications of cholesterol or drug issues but police did

impound the vehicle and they will have it inspected to see if mechanical issues did play a role in th accident. >> thank you, don knapp. in santa barbara three people died after a gravel truck went off the highway into a house. the victims are a couple and their 7-year-old son. police say the truck was carrying a double load, lost the brakes as it was coming off state route 154. we are told the driver suffered minor injuries. a young woman from the bay area has been killed in a plane crash in nepal. she was riding on the way to mount everest. the pilot tried to go to an airport because of bad weather but the plane crashed before it could land. 18-year-old kendra fallon was among four americans on the flight. she was attending uc-san diego. fallon was spending the summer

in nepal working at an orphanage. her former teacher says she had a passion for adventure as well as for social justice. the kids may want to think twice before skipping school. the harsh punishment at one bay area city that targets students and their parents. hold the baloney! the technical glitch that's keeping a sandwich shop open for another day. 90% offer the price tag. sign up and save. the costs that caught one bay area man off guard. ,, 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.

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we have an update on the fire that's burning on mt. diablo. we have jim crawford the battalion chief from cal fire. jim, are you with me? we are working on getting jim crawford to give us an update. i'm told that 100 acres are burning so far on mt. diablo. this is -- got the potential, we're told to get up to 500 acres. it's off curry canyon road. so we have contra costa county fire, san ramon fire and cal fire. and i believe jim crawford -- are you with me now? [ pause ] >> apparently not. so we'll get to him and get an update on how this fire possibly started but we are told electrical lines could be

part of the problem, high power lines, high voltage lines out there. in other news, the city of richmond tough on kids who skip school. now that class is back in session, a daytime curfew is in effect. if a student is caught skipping they could end up in counseling and in court. their parents could be the ones to face the $500 fine. the district is losing millions of dollars a year because of truancy. but money collected from the fines would go to the city of richmond, which passed the curfew law. >> it's not all about punishing the parents and getting money. money is a small aspect of it. it's more to emphasize the education >> you know what? i'm going to have to have a real good talk with my child and find out what he's doing. >> the goal of the counseling is to get to the root of the problem as to why students are skipping school. full enforcement of the law they say won't start until late next month. in san francisco, mayor newsom is turning to small businesses to try to help stop kids from cutting class.

he is asking owners to call 311 if they notice students in their stores during school hours. 311 is the nonemergency police line. the program is called keep it real, stay in school. it's starting on the 24th street corridor in the mission and will expand to other parts of the city in the near future. well, two men are dead following separate shootings in oakland. the first happened downtown shortly after 9:00 last night. witnesses saw the victim apparently arguing with somebody at 14th and broadway. that's when they heard shots fired. the man crawled to a nearby newsstand asking for help but we are told he died at the hospital. then about 90 minutes later police responsibled to shots fired near 32nd and adeline street. the man was pronounced dead at the scene. no arrest in either shooting. today oakland police launched a new partnership with feds to fight gangs. it started with a two-day summit at the oakland zoo

including atf and fbi. also attending, local activists including street outreach workers and crisis response. the police chief says in oakland, there's indeed more than one type of a gang. >> you have young kids who grow up in neighborhoods, they go, they conspire together to do criminal activity. they come back home and regroup with other kids in the same neighborhood and so it's not like you have a traditional territory gang that is functional in one particular area, although we do have some gangs like that in the city of oakland. >> oakland police hope to have the same success as salinas, which has seen a steep drop in gang-related murders since teaming up with the federal government. well, first eggs, now another food recall. a major store recalling sandwich meat. and it was supposed to be the end of ike's, speaking of sandwiches. they won't be serving their last lunch at least not today. live from pleasanton where it's panning out to be the

hottest day of the year. these kids have to start school tomorrow. do you guys like this weather? >> yeah! >> some! -- show me! >> yeah! >> more hot weather on tap for your midweek. we have your neighborhood forecast as eyewitness news continues on cbs 5. ,, ,,,,,,,,,,,,,,

a fire is burning on mt. diablo up to more than 100 acres right now. it started just before the 5:00 news went on the air. but the potential is for it to get to 500 acres is what we're told. it's burning off curry canyon road among those high power lines that you see there. we have contra costa county fire, san ramon, cal fire, all responding to this. we have chopper 5 high above it. but you can see on the wide shot there as the chopper shows you the amount of smoke that's being put out. the smoke of course very visible in the east bay and the tri-valley area so we are

keeping an eye on that to determine what caused it, how close it's getting to the homes out there. it's hot. that's part of the problem. roberta is live but you have word on a cooldown that's coming our way eventually? >> i'm already cooling down because i just decided to get on in the water. right, kids? are you having a good time today? >> yeah! >> reporter: these kids know how to beat the heat. some of them started school in pleasanton today. others go back to school again tomorrow. and i got to tell you, so far here in pleasanton, oh, let's take a look at the temperature! the official reading in pleasanton right now is still about 108 degrees. that's an official reading because obviously, i spent a good $5 for that thermometer. so now it's logistic -- all right, let's take a look at some of the current conditions. shall we take a look at the current conditions, gang? >> yeah! >> 82 in pacifica to 92 in san francisco which is a record 98 in oakland. take a look at the triple digits from san jose to the

south to the east in concord and 106 degrees in santa rosa shattering an old record set way back in 1936. now, looks like tonight, boy, it's going to be uncomfortable for sleeping for many of us without air-conditioning. we are talking about 50s to the mid-60s, 68 degrees for an overnight low in san jose, santa clara, back into the almaden valley. as far as your seven-day forecast is concerned, you guys want cooling? >> yeah! >> really? i thought you guys liked it hot. >> no! >> well, take a look at the seven-day forecast. what we have slated is one more day of temperatures in the triple digits right here in pleasanton and about 101 degrees. otherwise, big-time cooldown along the coast and into the bay. 68 degrees at the seashore to the 70s across the bay. substantial cooling takes place on thursday and friday with the stronger sea breeze and i got to tell you, even some morning drizzle from the condensation. over the weekend, unseasonably

cool. we have mypix, it was sent in by kathy munch from sebastopol. >> almost makes you want to go back to school, doesn't it? >> no! [ laughter ] >> it was almost a trick question, allen. >> i thought len had the best assignment i was wrong. don't drop the microphone! [ laughter ] >> whoo! >> too bad she doesn't have any energy. [ laughter ] another twist in the legal saga of ike's. the castro district sandwich shop has been facing eviction because it's too popular. neighbors have complained about the crowds, the food smell. it appears the owner was finally out of options so announced he was going to close today. naturally, that brought out even bigger crowds. but it turns out the eviction order was for ike and his mother, not for the shop. so for now, it's still in

business on that technicality. wal-mart shoppers a recall of deli meat. 380,000 pounds of processed roast beef and ham could have listeria. they have sold under the label market side grab and go sandwiches. so far we're told no illness have been reported. who doesn't want a discount? next. >> i was very irate about the price. >> how an effort to save money ended up costing one bay area man. ,, advantage topical solution treats dogs... ( barking ) but destroys fleas. so ask your veterinarian for advantage, the flea specialist for gentle, but effective, flea control.

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just want to give you an update keeping an eye on this fire we have been watching for the last half hour now burning on mt. diablo off curry canyon road. it is growing. it's jumped from 50 to 100 acres within a matter of minutes. and again, cal fire telling us it has the potential to get up to 500 acres. firefighters are telling us that chopper 5 gives you some perspective of the enormity of this fire, the amount of smoke that's being put up, there are high voltage power lines that are down. we were able to see some of the towers earlier but some of those lines are down. pg&e crews are getting out there. they are trying to determine if that is indeed maybe the cause of the fire. if those lines are down, we are trying to get a handling on whether there are power outages along with this. but again, people in the east bay and the tri-valley able to see all of that smoke. so we'll watch this. again, it's mt. diablo and it's grown to 100 acres. all right.

consumer news tonight, some of these auction websites pretty fast growing on the web, but you know what, complaints are piling up, as well. the more popular, the more complaints we get. in fact, consumerwatch received 3 complaints in one week from bidders saying that instead of winning deals they are being hustled for some upfront fees. they are called penny auction sites. they claim to have deals on items such as laptops, flat screens, ipods, at nearly 90% off retail price. you simply have to play to win. so when one person found a website called swipebid.com he signed up. >> money was tight i was looking for the best deal. >> reporter: he said this site like ebay requires users to register with the credit card in case the bid is expected but he didn't expect a charge of $150. >> i didn't click on anything that says charge it. >> reporter: he says getting'

refund is impossible. he isn't alone. another person from san francisco was recently charged the same fee on a similar website called jumbocloseout.com. >> i did not see any explicit information about my registration. the mere fact that registration so i could go look at what they had to offer was going to automatically cost me $150. >> reporter: apparently, there is fine print about the $150 charge on both websites. but laurie wilson from the better business bureau says the companies aren't doing a good job explaining the fee. >> the consumers say they were not aware that their credit card was going to be used or debit card to charge $150. they thought they were submitting their credit card information in case they won a bid. in fact... ,,,,,,,,,,,,,,

the ve as we wrap it up for 5:00, an update on the fire burning on mt. diablo. this is grown to more than 100 acres. so we are keeping an eye on it. see you at 6:00.