floor of this san francisco apartment building. >> it forced residents to get out in a hurry. good evening. i'm dan ashley. >> i'm carolyn johnson. the flames are out, but tonight 31 people need a new home. >> but at the very least nobody was hurt. it is remarkable that everybody did make it out before the whole building was con -- consumed by fire. john alston is there. >> first off, a short time ago we learned there were minor injuries among two or three firefighters, things like a cut hand and smoke inhalation. there are about two dozen units in the apartment behind me. 31 people lived here and the red scros providing shelter for about 14 people tonight. firefighters believe the flames started in that third floor apartment. this is what forced some of the apartment residents to get out of the building as fast as

they could. a four-alarm fire that started on the upper floor of this victorian on the corner of hate and fill more. a few people were home when the flames started. other residents though rounded the corner and could only stair in stunned silence. >> i'm worried. >> witnesses reported loud popping sounds and debris from the side of the building. juan took out his cell phone and recorded this video. >> the popping, i don't know what that was. but you could hear it everywhere and you could see it. a bunch of debris falling in from the building. >> it started popping and things started like explosions, pow, pow. the windows were poping and something was exploding. >> in addition to the apartment building there was a walgreens drugstore and a few smaller businesses that had water damage.

it took 125 firefighters about an hour and a half to contain the flames. the big challenge was the intense fire in the open attic area. >> it looked like it started up in that area on the top floor. at this time we don't know how it started. >> worried residents rushed home and were reunited with their pet. they rescued a half dozen animals from the building including three-year-old d-o-g. he rushed home and firefighters told him where to look. >> i tried to get here quick. i told the fire department there was a puppy in 23. we got him. scared, very scared. >> the fire department will be here through the night in case of any flare ups. the arson team is on the case which is standard when ever there is a fire that goes above one alarm. this was four alarms. live in san francisco, john alston, abc7 news. >> thank you, john. developing news in roseville where flames are

shooting out of the street. the roseville fire department says it is an underground gas leak in a four-inch distribution line. it started at 6:30, and as you can see it is still burning tonight. pg&e crews are on the scene working to contain the fire and cap that leak. >> worried about the build up possibly accumulating in the sewer pipes and the storm drainpipes. hazmat is on scene and they are taking readings every few minute make sure we are not getting the build up. the concern is it gets the build up and then we have a source of ig ignition and an explosion. >> the area was evacuate scpetd crews are digging 50 feet on either side of the leak to cap it. pg&e says it could take up to2:. >> hundreds of parents and teachers crowded an oakland school board meeting. they came to fight a plan to close or consolidate 13 campuses at the end of the school year. the superintendent's plan includes lakeview, marshall,

maxwell park and santa fe elementary. alan wang reports from a meeting filled with frustration. >> the superintendent says oakland unified has 101 schools, but it only needs about 70. closing five schools and consolidating eight others could save millions. >> what does the district want for our kids? are they going into 35-kid classrooms now? is that what is happening? >> larger classes on the way. the small school philosophy is not working because smith says 17% of students are not passing the high school exit exam. nearly half are african-american. >> that's not okay. we are stretched way too thin. we have to figure out how to better use our resources. >> 35 charter schools in oakland. that's why our public schools are under enrolled. >> some had concerns about integrating k-12 into one school. others said they don't have cars to travel to the new

schools of their choice. one parent tried to throw another school under the bus. >> according to documents on the restructuring website, at the have a higher percentage who live in the surrounding area and go to school. >> but i will either take her out of the district or home school her until you guys can find a resolution. >> oakland unified does not want to lose students because school funding is based on average daily attendance. there will be a closure and consolidation of about 30 schools. >> this was the first reading of the recommendation. there will be two more meetings and a decision to close these schools for next fall will take place at the end of october. in oakland, alan wang, abc7 news. an apology in the slapping incident at a sausalito city council meeting. it was the first council meeting since mike kelly slapped council woman carolyn

ford's hand. it happened after ford lifted her hand toward kelly and sushed him. kelly said the slap came after a grueling five-hour grueling council meeting with considerable conflict. >> this was truly uncharacteristic behavior on my part. i am deeply embarassed by my action and i apologize to carolyn ford and to the citizens of sausalito. going forward no matter how passionate or heated the debate, i promise to conduct myself in a respectful manner that be fits the office of sausalito councilmember. >> ford said she appreciated and accepted the apology, but she has filed a complaint with police. four months ago nursing student michelle le was seen for the last time. tonight friends and family held a vigil in her memory. the site was the university where michelle was on track to graduate in december. the 26-year-old was in clinical rotation at kaiser hospital in hayward in may when she disappeared.

>> in the blueness of the sky and the warmth of summer, in the rustling of the leaves and the beauty of autumn, in the beginning of the year and when it ends -- >> we remember michelle, he went on to say. michelle's former friend has been charged with her murder. a plea for witnesses tonight who saw a vehicle hit and kill a man in a wheelchair and then drive on. robert schmidt was crossing a street at 1:00 a.m. on sunday when he was struck by a vehicle and dragged 300 feet. police released this picture of him today. 2* happened at homestead road, and police believe the vehicle has obvious front end damage and possibly windshield damage as well. >> the owners of two dogs shot by san mateo police are considering suing over the death of their pet. they got out of their backyard

yesterday. police responded to a call about the boxers acting aggressively toward a child and another dog in lori nettles park. after trying to use a stun gun on the dogs, police shot them. >> the two officers who were there confronted by the dogs continue to be con fronted by aggressive behavior by the dogs. they are in immediate danger to the community and immediate danger for themselves. >> i think the dogs are just scared. no one was hurt. >> no investigation is planned into the shooting. animal control says they won't file any charges against the dog's owners. moraga police are investigating another reported rape at saint mary's college. if confirmed, this would be the second rape on campus within two weeks. a female student says two men sexually assaulted her in an on campus dorm on sunday. the suspects have been identified as a student and his friend, but no arrests have been made. police continue to investigate the rape of another female

student a week earlier. an 18-year-old male student has been arrested in that case. the concord city council unanimously voted to ban smoking in the downtown area. the ban covers a 17-block area around todos santos plaza. it is to go into affect 30 days after the second reading which will happen october 18th. some property owners have wanted the ban for two years blaming cigarette and cigar smoke is killing business. up next, the deadliest food outbreak in more than a decade. the culprit? tainted cantaloupe. why this outbreak is so deadly. >> and also michael jackson's doctor on trial. the dramatic evidence that includes a recording of the drugged singer jie. and cup cakes and continue vest -- controversy. and then late other "nightline." >> i'm cynthia mcfaden. shocking audio recording from the trial of michael jackson's

doctor. and could u.s. commercial planes be the target of thousands of

(speaking in international language) and he said unto them go ye into all of the world and preach the gospel preach the gospel  ♪very creature in the world.

(applause) (applause)

some developing news in the east bay. oakland police are at the scene of a shooting at a motorcycle club. the victim was shot outside the east bay dragons motorcycle club. we don't know if the victim was a club member or not, how badly he was wounded. this does follow last friday's shooting death of the president of the hells angels san jose chapter. he was killed in sparks, nevada. as many as 16 people are now dead from eating listeria-tainted cantaloupe making it the leadliest outbreak in a decade. salmonella and e-coli generally caused more illnesses, but listeria is more deadly. and typically sickens the elderly, pregnant women and those with compromised immune systems. illnesses are reported in 18 states including california. this outbreak has been traced to farms in colorado which we called the taint tainted -- which recalled the tainted cantaloupes.

michael jackson's personal physician went on trial. the question, what role, if any, did conrad murray play in michael jackson's death? diana followed every dramatic moment today. >> no. >> the first witness to take the stand, choreographer kenny ortega. he testified that he told conrad murray he was concerned about his friend michael jackson's health in the days leading to his death jie. he said, i should stop trying to be an amateur doctor and allow michael's health to him. >> earlier prosecutors painted murray as a cash greedy man with no concern of the help of his patient. >> dr. murray's repeated incompetent and unskilled acts that lead to mr. jackson's death. >> prosecutors played an audio recording they said they found on jackson's phone. >> [inaudible] >> they say it is the

superstar talking about his upcoming tour while under the influence of powerful drug thees say were given to him by murray. the court also heard part of murray's interview with police when the physician first mentioned jackson requesting the powerful anesthetic propofol. >> prosecutors told the court propofol should only be used during surgery, never as a sleep aide. as murray wept, defense attorneys say their client did not kill the king of pop. >> michael jackson self-administered a dose of propofol that with the law raze pan created a perfect storm in his body that killed him instantly. >> ortega also testified jackson stalled him he wanted to do this final tour as a chance to show his three children what their daddy did. and of course, tragic leahy never had the chance. abc news, los angeles.

cup cakes and pastries were food for thought and debate on the uc berkeley campus today. berkeley college republicans sponsored the so-called diversity bake sai. the group claims they had the goodies pruceed according to the ethnicity and gender. they banned affirmative action, but a bill on governor brown's desk would allow it to be considered for college admissions. hundreds of students staged a counter protest. the bake sale pulled in a few hundred dollars which will go to charity. all right, on to the weather and things are changing. >> the warmth is going away. sandhya patel is here. >> the warmth is going away and the rain will be moving in. don't panic, not yet. we still have a few more days. the highs were pretty warm. san francisco is coming in at 76. 72 in half moon bay, and you really had to hit the beaches if you had the day off. 86 this afternoon in santa cruz.

hi in livermore, concord, san jose 83. you can see the low 90s for santa rosa and cloverdale and ukiah. really a nice, warm sunny afternoon. tonight the skies are so clear, but just minutes ago, check this out. a time lapse of fireworks shows and it looked spectacular here from our roof camera looking out toward the bay. it could have been one of our local fireworks shows from oracle arena, perhaps the giants. we don't know at this point. temperatures in the low 70s for concord, antioch and san jose. 134* areas are running mild at this hour. clear tonight and mild inland. spare the air for tomorrow. we are looking at warm days through thursday. you have a few day tones joy the uh -- days to enjoy the autumn warmth. most areas are going to run mild if you are running out the door first thinin the morning. you may need a sweater if you are heading out to santa rosa,

napa. it will be on the cool side with low 50s. higher pressure holding on right through thursday with this ridge in place. the warm weather, the offshore flow, the down sloping wind blowing from the land toward the ocean. it will continue which means the warmth will spread from the inland areas to the coast again for your wednesday afternoon. as the warmth builds, the air quality will be on the decline. when looking at poor air quality, moderate air quality in the santa clara valley. and good air quality for the rest of the bay area for your wednesday afternoon. 88 for san jose. cupertino, a warm day in saratoga, 90 there. on the peninsula, 85 in san mateo, palo alto, along the coastline, half moon bay, 73°. downtown san francisco, up to 79 tomorrow. you are still going up. south san francisco 78. and really clear along the coast. we are looking at low 70s. bodega bay, 72 degrees. up to 92 in clear lake. 93 in santa rosa.

that down sloping wind with a northeasterly wind tends to warm you guys up. this is our typical warm, fall weather. in the east bay, say the 5 for oakland, 88 in fremont. head inland and 91 in walnut creek. 94 in livermore. around the monterey bay, 75 in monterey. 84 nor watsonville. here is a look at the giants forecast for tomorrow. it is the last game here at home. for awhile at least. 12:45 day game. they take on the rockies. sunny and warm and low to mid70s tomorrow afternoon. the warm weather holds through thursday. cooling on friday. more clouds and drizzle developing. considerably cooler. and then get ready for the possibility of some rain. computer model is still in agreement. tuesday and wednesday is the time frame. we are looking at early season rain come together bay area. >> i will find my rain shoes. >> thanks, sandhya. coming up exin, apple's

next generation iphone. >> the clues sent out in an unusual invitation.

we spend a lot of time together. well mainly in traffic. i'm serious. we've been together, what, a super long time. true. and at first it was all business, you know, i'd take him here, i'd take him there. everywhere. and over the years, we've really bonded. sure. why else would you always buy me chevron with techron? 'cause we need gas. i think it's more than that. i think that you care about me. you're a good friend. best friends? um, uh, yes, best friends. yeah. [ male announcer ] your car takes care of you. care for it. chevron with techron. care for your car. ow.

apple is a week away from an announcement from the next generation iphone. it sent out an object obscure invitation with clues with apple icon. the time, 10:00 and the location apple campus off 280 in cupertino. reports suggest the new iphone will go on sale october 14th. the public is getting ipts first look inside a new 49er stadium in santa clara even though the funding for it still isn't a done deal. the stadium's previous center is officially open, giving perspective suite and season ticket holders a chance to buy. the $2.5 preview structure has a mock up of a luxury suite. so far the team has sold $173 million worth of luxury suites, but there is still a short fall of cash for the $937 million project. >> it is like a model home. from san francisco football to baseball. >> larry is here.

>> the giants are finishing up and looking at the future with a lifetime memory for one young giant with his first homerun -- oh, it is an inside the park dive for the plate. sports is next. oh, those shoes are amazing. i just want to be her. really? she was married for like three hours. well, she's efficient. look at that color. wait a minute. didn't she name her kid hawaii? maui! yeah... she built a yacht for her pug. actually, it was a lakehouse.

yeah, he's right. this heel is so fabulous. mine. look at that. cute. she was here once. what? she had toes like a sloth. really? ew. when it's on your mind, it's on ebay.

(speaking in international language) and he said unto them go ye into all of the world and preach the gospel preach the gospel  ♪very creature in the world. (applause)