livermore to cool off in the fountain. >> they love it. it's easier than a pool. we didn't have to worry about anybody falling in. >> it's exercise, little vitamin d out in the sun, tires them out. they sleep well at the end of the day. >> reporter: some people weren't so fortunate. >> probably about 120 degrees probably. 115, 120 degrees probably on the grill. it drains you a little bit. a lot of water, but you just keep moving. >> reporter: but inside the restaurant it's cool for the customers and the help that figured out the secret of staying cool. [ indiscernible ] >> roy's backyard barbecue wouldn't be barbecue without roy. >> reporter: some residents decided these big fans were the answer but i think being cool was the at least of these

residents' problems. bob horne, cbs 5. >> it's so hot temperatures are in triple digits away from the water. 105 in gilroy to the south. east, pleasanton 105. it's 101 degrees to the north in santa rosa, one degree off the record shattering event and san francisco and noe valley sporting 95 degrees. the relative humidity, 11% currently to the north in santa rosa. thus high fire danger. the second half of the story is the very stagnant air quality. no breeze at this hour at all. and looks like moderate air for the fourth straight day to the north, also around the peninsula. around the seashore. and then once you get in towards the mt. diablo range, calaveras mountain range, the air mass is stacking up against the mountains so unhealthy levels of ozone in the atmosphere. the hottest day is still to come. we'll pinpoint that forecast for you still coming up.

>> thank you. well, just a short time ago, governor schwarzenegger delayed the execution of a convicted rapist and murderer. albert greenwood brown was scheduled to be put to death athe 12:01 wednesday morning the first execution in california in more than four years but the governor pushed it back to 9:00 p.m. on thursday allowing extra time for all the legal option to be considered. ann notarangelo joins us now with the governor's decision. she tells us the governor's decision comes after a state judge refused to block the execution, right, ann? >> reporter: exactly, right julie. it's unclear what's going to happen with the governor's delay because i was doing some research found that in 2003 the governor did call the death penalty a necessary and effective deterrent. also in 2005, he held a private clemency hearing for stanley tooky williams but he let that execution go on and continue as

williams was put to death. but albert greenwood brown appealed today in front of marin county judge and was denied. she said that an execution could continue. reporter: in marin county, lawyers representing death row inmates argued about a technicality in the death penalty. said the revised lance ito protocol violates a california law on procedures for new regulations. the 56-year-old brown raped and murdered a 15-year-old southern california girl in 1982. judge adams rejected brown's reprieve and directed the case to the ninth circuit court of appeals. >> mr. brown cannot prove that he will suffer pain if he is executed under the current regulations and he has not demonstrated the likelihood of prevailing. >> reporter: there are plenty of death penalty supporters who think the death penalty never needed to be changed and want the condemned to die as order boot court. lance lindsey isn't one of those people.

the director of death penalty focus says the questions that prompted the judge though halt executions in 2006 have still not been answered. >> in terms of how the drug was administered, the kind of training that those who are part of the execution team did to administer those drugs. >> reporter: and he takes issue with judge adams' requiring brown to prove he will be in pain. >> it was a federal judge years ago that in look at least six cases there was evidence that there was undue pain and suffering. >> reporter: he also accuses the attorney general's office of rushing his execution. >> we are concerned this has more to do with politics than public safety. >> i contacted attorney general jerry brown's office to ask them that question. they didn't respond to that inquiry but they did admit that they only have enough dosage of the sodium pentothal the lethal drug for one execution before september 30. we have also heard reports that

that dosage expires october 1. again, brown has been sentenced to death now. the new execution date is the day before. we appreciate that. new details today. pg&e has reported gas pipeline leaks at a rate six times higher than the nation's other large operators according to the "los angeles times," which investigated pg&e leaks following this month's deadly explosion in san bruno. since 2004, the utility has reported 38 leaks near highly populated areas or environmentally sentencive areas. pg&e says its numbers are higher than other utilities because it has more rigorous standards for reporting those gas leaks. meanwhile, congresswoman jackie speier visited san bruno today to announce new pipeline safety legislation. she plans to introduce the bill tomorrow. it would require automatic or remote shutoff valves on some

transmission lines. utilities would also have to tell home owners about the location of nearby pipelines. on to the governor's race now, where a new poll shows democrat jerry brown has widened his lead. a "los angeles times" uucs poll of likely voters finds brown holds a 49-44% lead over meg whitman but that lead is within the margin of error. brown and whitman will square off tomorrow at uc-davis. it's the first of four scheduled debates on the governor's race. in local politics, apparently it's lonely being a republican in san francisco. you may not know it but right now there is only one republican holding elected office in the city. mike sugerman tracked him down. reporter: san francisco is blue, bluer than blue. not sky blue, deep blue, so blue it's properly periwinkle. >> i am a life long democrat. >> democrat. >> democrat. >> reporter: they are in and it might take you a long time to

find another answer. >> i'm an independent. >> reporter: well, there is that. but only one in 12 voters in the bluest of blue cities would say this. >> i would say yes, i am a republican. >> reporter: not just a republican voter but a republican office holder. james fang is on the bart board of directors. and if a total of 41 elected officials in san francisco, he is the only one. >> people tell me if i wanted to advance in san francisco politics i should change my registration but the important thing is helping people. >> reporter: he is the longest serving bart board in his tenth year facing a democrat. there is a who's who of democratic big-wigs who len doors him. he is an unlikely republican, got into the party 30 years ago when he worked for republican john anderson who ran for president. >> i made a choice. i made a choice to vote for john anderson many, many years

ago when we were college students. it was great. and i maybe just come from a culture that when you do something like that you stick with it. >> it's not part of the board frankly, so few people are interested in the job, i think we're always just lucky we have somebody who understands anything about bart on the bart board. >> reporter: melissa griffin a political columnist for the san francisco examiner says that's only a slight examination. >> after the oscar grant issue, the bart board people were looking at it for the first time but for the longest time, it's been held by people who no one really cares about. >> reporter: james fang and albert hill care, although mr. fang hopes they don't care that he is a republican. in this age of extreme partisan politics, mr. fang really is an oddity. he says democrats ask him all the time if he will change parties and run but he says he is loyal and he is going to stay republican. >> thank you.

now hiring, more than 1,000 positions available but nobody seems to want these jobs. and the government trying to stay connected. why it wants to make it easier to eavesdrop on your conversations. >> kind of tour around and stop at different points and have an appetizer as part of the golden gate bridge. >> and meals on the bus go round and round. the unique dining experience aboard a bay area bus. ,, [ female announcer ] jerry brown and oakland's schools. what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases 50%. the school budget goes into a 100 million dollar deficit. the schools become so bad the state has to take them over.

it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times the national average. now, let's review. capital one interestplus savings... at three times more. go to capitalone.com. what's in your wallet?

easier.. for the government to eavesdrop on internet and email communications. those affected by the changes the obama administration wants it make it easier government to eavesdrop on internet and email communication. that would include online services and networking sites like facebook and skype as well as phone systems that deliver encrypted email like the blackberry. the bill is expected to be introduced next year and will require service providers to make the plain text of encrypted messages readily available to police. the administration is targeting conversations involving terrorism crimes and other public safety issues. critics say it's an unnecessary invasion of privacy. san francisco supervisors held their first hearing today on a plan to crack down on fast food meals that offer promotional toys. the proposed legislation would make it illegal for kids' meals

to come with prizes if the food has too much fat, sugar or calories. the meals would be required to include fruit and vegetables and couldn't exceed 600 calories. fast food franchise owners say they already offer healthy choices. >> you will see on mcdonald's advertisements, apple dippers. you will see milk chugs, 1% milk and juice. you won't see it focused on carbonated beverages or sugary drinks. >> in the long run you will pay the costs with diabetes, hypertension, any chronic diseases that come with fast food. >> santa clara county passed a similar law but it only affects the unincorporated areas of the county which includes four businesses. san francisco has dozens of fast food franchises. you have heard of meals on wheels but probably not like this. in a city that turned taco trucks into gourmet eating san francisco is home to another new trend in fine dining.

>> you can tour around and stop at different points and have an appetizer in front of the golden gate bridge. >> yeah, i mean the concept of touring through san francisco and eating, i love that idea reporter: he is just one of many san francisco foodies jumping on the bustraunt bandwagon or bus wagon. >> meatball, everything ton. >> reporter: it's fine dining on four wheels but don't call it a roach coach. la truck co-owner blake calls it a broach coach. >> we are trying to create a new paradigm, broach coach, more luxury experience, indoor seating and interaction with the chef. >> reporter: it's not just the ambience that sets them apart. you won't find typical truck food here. >> this is a calorie negative dirt. it requires more calories to burn up than it does -- than it has in it. >> reporter: is it something you expect to get out of the back of a bus? >> no, especially not a school bus. >> reporter: it cost $3,000 but already put in another $100,000

into it a wine stained table that seats parties of 12 and if you would like to have a bigger party they can serve up to 2,000 from the outside. >> can i get a harvest soup, please? >> reporter: the hope to to eventually offer beer and wine pairings outside various san francisco nightclubs. but the permit process is getting in the way. >> it's great to see you. >> reporter: enter supervisor bevan duffy. >> i'm sponsoring legislation to make it easier to have mobile food franchise this is san francisco. >> reporter: but the golden gate restaurant association is worried that meals on the bus will hurt their brick and mortar business. supervisor duffy says the board is now working on a compromise. >> you have to be fair about it. your can't have an indian restaurant at market and sanchez and then put a curry truck right in front of it. >> reporter: blake says brick and mortar should embrace the bus trend. after all, they are all fellow foodies. >> i tell them not to look at it as direct competition

because we don't see them as competition. we are serving a different demographic. >> to find out where this bus stops, check out la truck on facebook or go to cbs5.com click news then consumer and if you have a consumer problem or story idea, call our help line at 1-888-5-helps-u. well, up next, bringing back more than just sand. an outbreak at one bay area beach. and could it be the new campaign that is tricking kids into choosing carrots over cheetos? >> so i'm here in the weather center and i have been monitoring all the temperatures as they are coming in to me and right now we still have numbers easily into the triple digits. the hottest day and when you should expect it as eyewitness news continues right here on cbs 5. ,,,,,,

our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us.

be had. but in spite of

high unemploym it's harvest season which means there are plenty of jobs to be had. but in spite of high unemployment, few californians are willing to work as farm laborers. since january, california farmers have posted ads for more than 1100 farm worker jobs at unemployment offices in california and in three neighboring states. in nine months, they have only received a few hundred responses. >> we are getting very little rest and shade or anything of that nature, they begin to think twice about, is that something i'm ready to do? >> politicians debate whether immigrant workers are taking jobs that americans want but unemployment stats show that americans don't apply for seasonal jobs harvesting fruit and vegetables at least not in california. >> a previously unknown parasite is to blame for a nasty rash that's been showing up on swimmers in crown beach in alameda. the rash first showed up at crown beach in 2005. infectious disease specialists who studied the rash say the

parasite was carried by a previously unsan antonio japanese bubble snail. it's a flatworm that's not visible to the naked eye. the worm is microscopic. you can't -- it's swimming in the water. many of them will burrow. >> dozens of hundreds of them could get into the the skin. the result is a case of swimmer itch and the effect is similar to poison ivy. well, time now for a check of the forecast. really, this is our lead story today, roberta. the weather is crazy. we're all waiting for summer. it's finally here. >> we're rivaling temperatures established on august 25 when we hit 107 degrees in livermore for one day. this is a prolonged heat wave we have been experiencing since last friday and it will continue with the hottest day still moving in tomorrow. our live cbs 5 weather camera looks out towards the beach where currently the air temperature stands right there

in ocean beach at 88 degrees. tonight we will notice the return of a pretty deep marine layer. it will limit visibility here right there at that coast down tie quarter mile but that's not happening until after midnight. now, if you have any plans out and about this evening, currently, right now, it is 105 in gilroy, humidity dry. santa rosa to the north, so far, today 102 degrees. it's now 99. san francisco in noe valley you know it's hot. it's extremely dry conditions. triple digits inland. bayside 90s. official sunset at 6:58. tonight overnight we'll drop down between 51 degrees in santa rosa to 61 degrees in san jose. here's the setup for you. we do have a storm. it's located well to the north of the bay area bouncing off that huge ridge of high pressure that is well established from the desert southwest all the way into the

eastern pacific. record highs throughout the state of california. 113 degrees in downtown los angeles. tomorrow, hot inland, temperatures going up to 105 degrees. 70s to low 90s bay and coast so because of that we'll be the recipient of that marine layer. those temperatures will be going down tomorrow but remaining hot inland. unhealthy levels of ozone in the east bay and also the santa clara valley. pinpoint forecast, 72 pacifica, triple digits from campbell to los gatos to morgan hill and gilroy. 95 degrees in milpitas. east of the bay, flat winds that they do pick up they will be northwest and westerly up to 5 miles per hour. 102 in walnut creek to 105 degrees in danville and in pleasanton. backing through brentwood and tracy and discovery bay. north of the golden gate bridge, 57 degrees in stinson beach to 101 degrees in fairfield. 100 in sonoma. 90s common from petaluma through novato and into terra

linda. here's the extended forecast. we have temperatures coming down with the deepening marine layer by wednesday. seasonal highs into thursday, friday into saturday. then looks like temperatures begin to rebound ever so gently by monday. munching on health food? why not >> keep the photos coming right here to mypix@cbs5.com. are you tired of munching on health food? indulge yourself and eat something daring, a little faulty, a little carrot? dr. kim mulvihill joins us with a wacky new cam paint that's marketing carrots as junk food. >> reporter: this campaign was launched by a bunch of baby carrot farmers with deep roots in the central valley. they want to you look at their product not as a plain old vegetable but as a new exciting almost illicit food ♪ [ music

]♪ >> i love paris ♪ >> reporter: move over carls junior. >> indulge the most tasteful of your tastebuds. >> reporter: a brand-new bombshell is in town. what's got her all hot and bothered? >> oh, baby, carrots... >> reporter: eat 'em like junk food. so says the new marketing campaign. >> brought to you by a bunch of carrot farmers. >> reporter: everyone knows carrots are good for your health. >> i will now attempt to break my record of the most number of baby carrots in my mouth. >> reporter: the goal of the campaign is to encourage you to think of baby carrots in a completely new way, cool, subversive, even edgy. the tongue in cheek marketing campaign includes a website with videogames, a display of junk food packaging for baby carrots not to mention -- >> baby carrots impossible... >> reporter: a mocking display of extreme baby carrot sports.

eat the carrots, don't attempt these stunts at home. the carrots are yummy. do they look better in this container? you can pick up starting next week some samples of these new packaged products just in time for halloween. they are come out of with scare- rots. and in inside some glow in the dark some temporary tatoos. >> they are going to getters that houses egged if they hand out carrots instead of candy. thank you, dr. kim. we appreciate it. should your kids spend more time learning? why president obama says the school year should be longer. we'll have that story and more tonight only on the cbs evening news. ,,,,,,,,,,,,

greed. the wealthiest corporations. billions in profits and bonuses. and the sacramento politicians just gave these same corporations a new billion dollar handout... paid for by cuts to education and public safety with no guarantee of creating one new job. but we can change this by voting yes on proposition 24. prop 24 repeals the billion dollar giveaway and protects our schools and communities. yes on prop 24. it's time to give us a break... not the big corporations.

ou ng through the i'm dana king. coming up at 6:00, we have all gotten used to taking off our shoes and the whole security rigmarole. how did a group of heavily armed men walk right into a bay area airport, no questions asked? that story and a whole lot more at 6:00. julie? >> thank you, dana. we appreciate it. so congratulations are in order. i hear did you pretty well and see jane run this weekend. >> it was a great race, raising money for the breast cancer fund. and there was probably about 1500 participants out there. and for my first time i have been racing for years, for my first time i came in first place on the bike! >> that is incredible. congratulations! >> third over a i told my husband and goes, was it see jane fonda run? i mean, what was it? [ laughter ] >> apparently, it was.

hey, see you at 6:00. more on this heat wave coming up next. [ female announcer ] jerry brown and oakland's schools. fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases 50%. the school budget goes into a 100 million dollar deficit. the schools become so bad the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. 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. you have all competed admirably. admirably. a-d-m-i-r-a-b-l-y. admirably. [ male announcer ] at&t is making high speed internet affordable for only $14.95 a month

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